In a report issued on April 10, 2015, the United States Department of Congress, Office of Inspector General, provided its final report on the U.S. Patent and Trademark Office’s (USPTO’s) patent quality assurance practices. The audit was conducted to (1) determine the sufficiency of the USPTO’s quality assurance program’s processes to prevent the issuance of low-quality patents and (2) assess the additional quality reviews performed to measure examiner performance and ensure that examiners are fully qualified to issue patent determinations without supervisory review. It identified four areas of concern: 1. USPTO’s performance appraisal plan and related policies are ineffective at… Read more
Intellectual Property
Infringement of Copyright – ‘Access’ and Probative Similarity
Kelly Wilson filed a lawsuit against Disney in March 2014 claiming that a marketing trailer for “Frozen” directly infringed her copyrighted short film, The Snowman. Wilson’s complaint states that she created The Snowman between 2008 and 2010 and that the short was screened at eight film festivals. One of those screenings was at the San Francisco International Film Festival in 2011, where she shared the stage with an employee of Disney’s Pixar Animation Studios, which was also screening a film in the same session. In our August 14, 2014 edition of SGR’s Intellectual Property Brain Trust, we reported that United… Read more
Hail to the Redskins – For Now? Debating the Future of the NFL Team’s Brand
Jim Bikoff appeared on the latest World Trademark Review podcast where he discussed issues surrounding the Washington Redskins’ name and examined the past, present and future of the NFL team’s brand.
Intent to Induce Patent Infringement
Four years ago, the Supreme Court tried, in Global-Tech Appliances v. SEB, to clarify what it takes to prove “intent” to induce patent infringement. The case considered whether a party, in order to “actively [induce] infringement of a patent” under 35 U.S.C. §271(b), must know that the induced act constitutes patent infringement. In an 8–1 decision delivered by Justice Alito, the Court held that induced infringement under §271(b) requires knowledge that the induced acts constitute patent infringement. The Court further held that this “knowledge” requirement can be met by showing “willful blindness” by the defendant – that the defendant (1) “subjectively believe[s]… Read more
Federal Circuit Declines Expanding Doctrine of Patent Exhaustion
Helferich Patent Licensing, LLC filed a patent infringement suit against New York Times Co., CBS Corporation and other content providers alleging infringement of its patents that relate to wireless handsets and related communication methods. Helferich had licensed its portfolio to essentially all handset makers selling in the U.S., but the licenses expressly carved-out activity by “content providers” stating that the licenses did not grant any rights to content providers to practice the claimed methods. The accused infringers/content providers successfully argued patent exhaustion in the district court – that the power of the patent is ‘exhausted’ by the first authorized sale…. Read more
Smith, Gambrell and Russell IP Attorneys Assist Saul Lefkowitz Moot Court Competition
Sponsored by the International Trademark Association, the Saul Lefkowitz Moot Court Competition is an annual event and approximately 80 teams of law students participate in the competition each year. Students write a brief and argue the case in regional and national competitions before a panel of volunteer lawyers, judges and members of the Trademark Trial and Appeal Board. At the regional competition held in Atlanta on February 7, 2015, Joyce Klemmer, a Partner in SGR’s Intellectual Property section in Atlanta served as a judge in the competition. Partner Elizabeth Borland and Associate Courtney Adams reviewed and graded briefs that were submitted… Read more
Smith, Gambrell and Russell is Proud to Support Georgia Patents Pro Bono Project
Georgia Lawyers for the Arts and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association are collaborating with the U.S. Patent and Trademark Office to establish an innovative pro bono program to assist inventors in need of legal counsel. Local innovation supports the local economy, and this program will help ensure Georgia’s inventors have the legal protection they need to thrive. SGR is proud to be a Founding Benefactor of this innovative pro bono program. Joyce Klemmer and Gibson Lanier, both members of the Atlanta Bar Association IP Section Board, also serve on the Advisory Committee of… Read more