Category: Intellectual Property Law Section (page 2 of 3)

MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent link below.

U.S. Copyright Office launched its updated website: www.copyright.gov

MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links below.

Copyright Office Technical Amendments To Regulations: Final Rule
https://www.gpo.gov/fdsys/pkg/FR-2017-02-06/pdf/2016-29625.pdf

Copyright Office Interim Rule To Implement the FOIA Improvement Act of 2016
https://www.gpo.gov/fdsys/pkg/FR-2017-02-07/pdf/2017-01770.pdf

MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links below.

Request for Comments Regarding the Continuation of the Accelerated Patent Examination Program

https://www.uspto.gov/web/offices/com/sol/og/2017/
week06/TOC.htm#ref11

Informational Matter Incapable of Trademark Registration

https://www.uspto.gov/sites/default/files/documents/
Incapable_Informational_Matter_Exam_Guide.doc

Final Rule Adopted to Remove Personally Identifiable Information from Copyright Registration Records

https://www.gpo.gov/fdsys/pkg/FR-2017-02-02/pdf/2017-02238.pdf

Copyright Office Initiates Study on the Moral Rights of Attribution and Integrity

https://www.gpo.gov/fdsys/pkg/FR-2017-01-23/pdf/2017-01294.pdf
https://www.copyright.gov/policy/moralrights/

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Nominate a Fellow Attorney For the IP Section’s Pro Bono Award

Intellectual Property Law Section members:

The Intellectual Property Law Section of the North Carolina Bar Association is seeking nominations for its 2016 Outstanding Achievement Pro Bono Award. This award is intended to foster and recognize the outstanding pro bono efforts undertaken by IP Section members during the year of 2016. Please take a few moments to nominate yourself or another IP Section member (including law firms and other organizations such as in-house legal departments) and summarize the qualifying pro bono activities performed by the candidate during the past year. Thank you in advance for your nominations and for your encouragement of the pro bono efforts of the IP Section’s members.

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Beware Pitfalls In North Carolina’s Patent ‘Troll’ Law

By Daniel Walker Cole

Suppose you are a small company in California asserting a patent against a North Carolina-based company. You gathered finances, hired a lawyer, and filed a complaint. Now you are ready to start litigating your patent infringement case, but you receive a summons for violating NC 75 Article 8. This may seem utterly fantastical, but under North Carolina’s anti “patent troll” legislation it is not.

Next to issues surrounding 35 USC section 101, the supposed abusive litigation by “patent trolls” is one of the most discussed issues in patent law. North Carolina, along with several other states, has enacted laws aimed at curbing this practice. The law, however, suffers from several potential pitfalls. It gives North Carolina courts personal jurisdiction over anyone who sues a North Carolina based entity for patent infringement, even if the patent infringement suit takes place in another state. Lack of contacts, other than serving a North Carolina based entity, are irrelevant. Accordingly, a discussion on the likelihood of federal preemption follows.

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MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent link below.

Trademark Fee Changes
https://www.uspto.gov/trademark/fees-payment-information/trademark-fee-changes

Air Jordan’s Absence In the ’90s

By Jonathan Bogues

As attorneys, we are all well aware of how diverse the practice of law is and how each area of the law intersects with other areas. However, not many non-attorneys are aware of the intersection between intellectual property law and sports and entertainment law.

Like many other children of the nineties, I grew up idolizing basketball megastar Michael Jordan. As a kid growing up on Tobacco Road, I was in awe of Michael Jordan’s seemingly unlimited skill set.  So you can imagine many children’s collective disappointment when our hero was not in several video games growing up. The National Basketball Association (NBA) and the National Basketball Players’ Association Shared Licensing Agreement is one reason for that.

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MacCord’s List: IP Notices & News From Art MacCord For Jan. 17, 2017

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links here.

Extension Of the Extended Missing Parts Pilot Program
https://www.uspto.gov/web/offices/com/sol/og/2017/week03/TOC.htm#ref11

Summary of changes in TTAB final rule became effective on Saturday, Jan. 14, 2017
chart

New Trademark Fee schedule
Trademark fee changes page

New TM rules texts
Trademark Laws and Regulations page. 

Trademark Electronic Application System (TEAS) Reformatted Declarations
TEAS Reformatted Declarations Effective January 14, 2017

Retirement of Trademarks legacy ID Manual
https://www.uspto.gov/trademark/trademark-updates-and-announcements/retirement-trademarks-legacy-id-manual

Continuation of the IP5 Patent Prosecution Highway (PPH) Pilot Program with the IP5 Offices
https://www.uspto.gov/web/offices/com/sol/og/2016/week52/TOC.htm#ref16

Consolidated Listing Of Official Gazette Notices  Re Patent and Trademark Office Practices and Procedures
https://www.uspto.gov/web/offices/com/sol/og/2016/week52/TOC2016CN.htm

Copyright Office Releases Report On Software-Enabled Consumer Products
http://copyright.gov/policy/software/

Why You Have That Employment Agreement Gobbledygook

By Pamela Chestek

Plaintiff Advanced Video Technologies has been around the block a few times already. AVT claimed to be the successor to a patent for a video codec. It had successfully asserted the patent against other defendants but ran into some problems when trying to sue HTC Corp., Blackberry and Motorola Mobility. Its first attempt failed because there was a missing link in the chain of title, meaning AVT didn’t actually own the patent. AVT didn’t appeal but instead had a receiver appointed for the sole purpose of transferring the ownership of the patent. The receiver assigned the patent to AVT and AVT started over again with HTC, Blackberry and Motorola Mobility.

Just a cast of characters first, there are many players to keep straight:

  • Infochips was the original employer of the inventors but it went out of business before the patent application was filed;
  • Woo was an inventor who bought the Infochip assets;
  • Woo assigned the assets to AVC, a predecessor to plaintiff AVT (“C” is before “T” in the alphabet, just keep that in mind when reading).
  • Epogy was the entity that supposedly owned the patent but didn’t, thus breaking the chain of title the first time around.

It’s actually more complicated than that, but that’s enough for our purposes.

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MacCord’s List: IP Notices & News From Art MacCord

By Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links here.

U.S. Joint Strategic Plan On Intellectual Property Enforcement Announced

https://www.uspto.gov/about-us/news-updates/us-joint-strategic-plan-intellectual-property-enforcement-announced

Correction To Proposed Amendment To the Rules of Practice Before the Trademark Trial and Appeal Board (TTAB)

https://www.uspto.gov/sites/default/files/documents/81%20FR%2089382.pdf?utm_campaign=subscriptioncenter&utm_content=&utm_medium=email&utm_
name=&utm_source=govdelivery&utm_term

Copyright 2016 North Carolina Bar Association.

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