Alt Legal IP News – Issue # 176
Bri Van Til | February 18, 2020
Coronavirus
– In case you haven’t yet heard, INTA’s 2020 annual meeting in Singapore is cancelled because of concerns about coronavirus. INTA says it will reschedule. The International AntiCounterfeiting Coalition, which also had a conference scheduled in Singapore, has also cancelled its meeting.
– Despite not yet having obtained a license from Gilead, drug manufacturers in China have started mass producing a drug to combat coronavirus.
– Officials are warning that some masks being sold to prevent the spread of the disease are actually counterfeit and might not offer sufficient protection.
– Looking for some new jams? Apparently a band has filed a trademark application for CORONAVIRUS.
Diversity in Action
– Despite gains in representation, women in IP are still promoted at lower rates and paid less than men. However, the editors-in-chief at the 16 most elite law reviews are all women.
– In honor of Black History Month, here’s a list of black patent holders.
– Intel recently implemented a policy to no longer “retain or use outside law firms in the U.S. that are average or below average on diversity.”
– At Alt Legal, we think diversity is crucial. This is reflected in our hiring practices and in the speakers we’ve selected for Alt Legal Connect. We also want to thank Fross Zelnick for sponsoring the conference’s Diversity Breakfast. Come hear from top IP minds, even though (or specifically because) they don’t look like you.
Shakeups in PTAB
– The Federal Circuit has ruled that PTAB can’t cancel claims for indefiniteness in an IPR proceeding.
– This article uses recent PTAB precedential opinions in Hulu, LLC v. Sound View Innovations, LLC and Cisco Systems, Inc. v. Centripetal Networks, Inc. to try to clarify what is a printed publication and what is prior art.
– The Federal Circuit cited Anthrex and vacated and remanded the PTAB’s final written decision in one case but found in another that petitioners who unsuccessfully challenge patents in an IPR at the PTAB can’t use the Anthrex decision to get another hearing.
Professional Concerns
– A District Court awarded attorney’s fees to a company accused of patent infringement after the Court found that the plaintiff had failed to investigate properly prior to filing suit.
– Just a reminder: the USPTO now requires all trademarks to be filed electronically.
– Dr. Poorna Mysoor at the University of Oxford is looking for a copyright law research assistant. You’re probably way overqualified, but it could be fun!
– The USPTO is hosting a Patent Examiner Recruitment Open House in Alexandria next week.
– Have an open role on your team? Send a link to your job listing to [email protected], and we’ll publish it in our next newsletter.
Odds and Ends
– Amazon has created a “Neutral Patent Evaluation Process” sellers can use to resolve patent infringement claims. Here is one attorney’s experience with the process so far.
– A former Coca-Cola employee has been arrested for stealing Coca-Cola’s trade secrets—not its secret recipe for the beverage, but its process for lining cans.
– The USPTO is facing backlash over its new requirement that trademark applications must include owners’ email addresses. In response, they slightly modified the requirement.
– Update: Attorney James Creedon argues that a court would likely not find that the Space Force logo infringes on that of Star Trek.