ISPs In US Face New Copyright Challenge 21/03/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment Online firms don’t do enough to combat copyright infringement. That, at least, is what US copyright owners have been saying for years. They recently received some good news from the US Fourth Circuit Court of Appeals. The decision in BMG Rights Management v. Cox Communications puts new teeth in the legal requirements for internet service providers (ISPs) to act against infringing customers. The ruling, however, is worrying ISPs and many legal experts, because it empowers copyright trolls, increases costs for ISPs, and puts many of their customers in an untenable situation.
US May Extend Its Patent Damages Worldwide 09/02/2018 by Steven Seidenberg for Intellectual Property Watch 1 Comment On January 12, the US Supreme Court agreed to hear a case that could produce a major change in US patent law, with effects reaching far beyond America’s borders. At issue in WesternGeco LLC v. ION Geophysical Corp. is whether and when a US patent owner can collect infringement damages on a global basis.
US IP Law – A Look At The Year Ahead 11/01/2018 by Steven Seidenberg for Intellectual Property Watch Leave a Comment In the coming year, one US Supreme Court case promises to dominate developments in America’s IP law. The upcoming decision in Oil States Energy Services v. Greene’s Energy Group could have major ramifications for patents, copyrights, trademarks, and the USPTO. But even as that case steals the limelight, 2018 could bring other significant changes to America’s IP law. Here are some of the key developments to watch for.
Must All Foreigners Online Comply With US Copyright Law? (Part 2 of 2) 05/12/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment A case now before the DC Circuit Court of Appeals, Spanski Enterprises v. Telewizja Polska, creates a legal dilemma. The court needs to find Telewizja liable for copyright infringement, or else the court will create a roadmap for pirates, enabling them to stream copyrighted works into the US with impunity. But if the court finds Telewizja committed infringement simply because the Polish company put online works that could be accessed in the US, the court will apply US copyright law in an extraterritorial manner that will create problems around the globe.
Must All Foreigners Online Comply With US Copyright Law? (Part 1 of 2) 29/11/2017 by Steven Seidenberg for Intellectual Property Watch 1 Comment US copyright law is supposed to apply only within US borders, not to actions done in Poland. But when a company in Poland streamed copyrighted TV shows into the US, that infringed US copyrights, according to a US trial court. This decision will be upheld on appeal, experts widely expect. Such an appellate decision, however, could expand the reach of US copyright law to a problematic extent. It will be tricky to find infringement in this case without also extending US copyright law to any online content posted anywhere on the globe.
In US, New Legal Ploy May Protect Bad Patents 18/10/2017 by Steven Seidenberg for Intellectual Property Watch 2 Comments It had been a bad three months for Allergan, Inc. The drug maker’s stock price had fallen over 20 percent, as the company faced two legal challenges to the patents on its blockbuster drug, Restasis. Then, on 16 October, Allergan lost one of those challenges. A US court found the patents invalid. Allergan vowed to appeal, thus maintaining its monopoly on the drug until a final court determination, which could be over a year away. But Allergan’s monopoly could collapse far sooner, if the company were to lose the second challenge to the patents, before the USPTO. Such a loss was probable, as the agency had already found a “reasonable likelihood” that prior art invalidated the patents on Restasis. So back in September, Allergan employed an innovative legal strategy: The company gave its patents to a Native American tribe, and the tribe claimed its sovereign immunity prevented the USPTO from reviewing the patents’ validity. If this strategy were to succeed, it will do far more than just boost Allergan’s bottom line. The new strategy will increase the power of patent owners, help patent trolls, and dramatically alter the US patent system.
How USPTO Patent Reviews Became Imperiled 28/09/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment Initially, the lawsuit was widely viewed as a waste of time. The suit asserted a strained legal argument that already had been rejected twice by federal appellate panels, in 1985 and 1992. Yet this lawsuit, Oil States Energy Services v. Greene’s Energy Group, has now reached the US Supreme Court. So later this term, the high court will decide whether the US Constitution prevents the US Patent and Trademark Office from ever striking down issued patents.
Troubled Federal Circuit Hobbles US Patent System 31/07/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment It’s been another dismal term for the Federal Circuit Court of Appeals. Six of its patent law decisions were reviewed in the US Supreme Court’s 2016-17 term, and the Federal Circuit’s decisions were overturned in all six cases. That, unfortunately, is not surprising. Over the past 15 years, the tribunal once known as the nation’s “patent court” has seen many of its most important patent law decisions reversed by the Supreme Court– sometimes in withering opinions. This has seriously undermined the Federal Circuit’s power, reputation, jurisprudence, and (apparently) self-confidence – causing a major problem for the United States’ patent system.
US High Court OKs Bigoted Trademarks 29/06/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment When the US Supreme Court issued its decision in Matal v. Tam, trademark applicants celebrated, hailing it as a victory for free speech and trademark rights. But some trademark owners will become very unhappy about the ramifications of the Court’s 19 June ruling.
US Ends Post-Sale Patent Rights 08/06/2017 by Steven Seidenberg for Intellectual Property Watch Leave a Comment On 30 May, the US Supreme Court handed down yet another in a long series of rulings that cut back on the rights of patent owners. This time, the high court made it far more difficult for patentees to impose post-sale restrictions on the use or resale of their patented goods. The ruling should boost parallel imports into the US, increase competition throughout the American economy, lower prices for US consumers, and hurt the bottom line of many companies.
