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Amazon in the Midst of Patent Battles

Amazon in the Midst of Patent Battles

In a recent filing to American financial regulators, Amazonā€”the online retail forceā€”said that it has been sued 11 times concerning over 30 alleged patent infringements since the beginning of 2011. The claims suspect Amazonā€™s website personalization technology, cloud computing services, web service and technologies used in the Amazon Kindle are in violation of United Statesā€™ Patent Law.
Thus far, two of the 30 allegations have dismissed by the U.S. court system. 
Amazon, in a statement to the Securities and Exchange Commission, said that it would dispute the remaining claims with vigor. These disclosures draw Amazon further into the sticky realm of patent suits. So far, in 2011, the online retail giant has faced three times as many patent infringement suits than it did in the whole of 2010.
Amazon is likely to be targeted by more claimants as it becomes more of a force in the mobile hardware business with the introduction of the Kindle Fireā€”slated to hit shelves next month. Currently, all of the major tablet and smartphone makersā€”including Apple, Google, Microsoft, HTC, Samsung and Nokiaā€”are engaged in patent litigation, both against one another and other companies that habitually exploit patent rights. 

Oracle-Google Patent Trial Postponed to 2012

Oracle-Google Patent Trial Postponed to 2012

The judge presiding over the Oracle Corpā€™s patent lawsuit against Google said in a filing this week that the trial will not happen until next year.
United Statesā€™ District Court Judge William Alsup attempted to get Google CEO Larry Page and Oracle CEO to negotiate out of court in numerous face-to-face meetings in San Jose earlier this month.
With mediation and out-of-trial meetings proving fruitless, Alsup is preparing for a trial that he claimed is likely to take a long time; Alsup also claims that the jury selection process will prove arduous.
In the suit, Oracle claims that Google should pay over $6 billion for java technology it used in its Android mobile operating systemā€”Oracle acquired the technologies latent in the system when it purchased Sun Microsystems.
Googleā€™s legal professionals reject the claim and promise to vigorously defend the tech giant in court next year.

Breast Cancer Gene Patents Still Legal Issue

Breast Cancer Gene Patents Still Legal Issue

 

Can companies patent the genes that cause some types of breast cancer, so that only they can perform the tests for these genes?  The Federal Circuit has said yes—twice—but their decision is being appealed.  The case, started by the ACLU in 2009, may wind up back in front of the Supreme Court again in 2013 if the court grants certiorari.

BRCA1 and BRCA2 were two of the first genes to be identified in causing breast cancer.  Myriad Genetics and the University of Utah Research Foundation obtained patents on these two genes, and they were the only entities that were allowed to license tests that could detect the presence or absence of the genes.  These patents were rigorously enforced, leading many researchers to halt research on the BRCA1 and BRCA2 genes due to fears of being sued for patent infringement.

Myriad and the University of Utah Research Foundation even controlled the ability of researchers to look at the genes and create their own testing protocols.  Patent law has long held, even since before the beginnings of the United States, that patents were not available on “products of nature.”  The ACLU interpreted this to mean that the patent on the BRCA1 and BRCA2 was in violation of existing patent law, and they sued in federal district court.

The district court ruled at trial that the patents were illegal, but the appeals court reversed.  The Supreme Court first looked at this issue two years ago and sent the case back to the Federal Circuit Court of Appeals, saying that it needed to change the way it was looking at the patents.  In September of 2012, the Federal Court of Appeals ruled once again that the BRCA1 and BRCA2 gene patents did not violate United States law.

The suit is being filed on behalf of several women with the genetic mutation, including women who were unable to find out about their genetic mutations for some time due to the extremely high cost of testing.  At the time when the lawsuit was filed, testing for the BRCA1 and BRCA2 genes could cost more than $4,000.

While the Court of Appeals ruled against the ACLU about the specific patents on the genes, there was a silver lining for people hoping for better access to testing in the future.  The Court of Appeals also ruled that any patents on methods for comparing the genes to “wild-type” genes were not in fact legal according to United States patent and trademark law.

The Appeals Court based its ruling on the idea that once the genes being tested are reproduced in a laboratory and divorced from their constituent chromosomes, they are no longer “products of nature” but rather patentable objects of scientific study.  The court said in its decision that if the United States Congress wanted to, it could constitutionally alter patent law in order to forbid the patenting of specific isolated genes, but that no such laws had been passed by Congress.

Sources: uscourts.gov, aclu.org

Patent Forms

Patent Forms

COVER SHEET:

APPLICATION:
Application Data Sheet (Instructions)
APPLICATION TRANSMITTAL FORMS:
DECLARATION FORMS:
DISCLOSURE STATEMENT:
Disclosure Statement (Instructions)

Patently Offensive

Patently Offensive

 


Summary of Patently Offensive

 

The term patently offensive refers to obscenity law under the First Amendment of the U.S. Constitution.  The term now mainly address broadcasting

standards under the Federal Communications Commission, but it also applies to publications like adult magazines and other types of adult material. 

 

How does the Supreme Court label something offensive or obscene?

 

According to the FCC and the Supreme Court, a broadcast is considered offensive and obscene if it meets criteria under three different statements.  The broadcast is offensive if:

 

·         “An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient (involving sexual desire) interest”

·         “The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law”

·         “The material, taken as a whole, must lack serious literary, artistic, political or scientific value”

 

Brief History of Broadcasting Restrictions

 

The set of restrictions listed in the section above is known as the “Miller Test.”  The term comes from a case that was decided by the Supreme Court on June 21, 1973. 

 

Before the case was brought to court, Miller mailed a large number of advertisements for illustrated books that were referred to as adult material.  Miller was found guilty of distributing obscene material after he sent five advertising brochures to a restaurant in Newport Beach, California.  The manager of the restaurant never asked for the material, and he opened the envelope without knowing it was adult material. 

 

The restaurant manager and his mother complained to the police, and Miller was found guilty of distributing obscene material and violated California Penal Code §311.2(a).  The case was appealed and affirmed. 

 

The brochures advertised a total of four books that were titled Intercourse, Man-Woman, Sex Orgies Illustrated, and An Illustrated History of Pornography.  Pictures of genitalia were displayed throughout the books. 

 

FCC Restrictions for Patently Offensive Material

 

Even though there is nothing in the First Amendment that can ban indecent material, broadcasting services can restrict the patently offensive material during certain times of the day.  Federal statute prohibits the use of indecent material between 6:00 a.m. and 10:00 p.m.

 

There is a difference between offensive and obscene material.  The FCC describes indecent material as “language or material that, in context, depicts or describes, in terms patently offensive as measure by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.”  Simply, less offensive material is indecent while the most offensive material is obscene. 

 

Can I file a complaint about indecent material?

 

Yes, you can submit a complaint to the FCC and they will review the material and decide of it violates profanity, indecency, or obscenity laws.  If the FCC does not find the description of the indecent material offensive, they will send a dismissal letter.  You have the option to re-file the complaint if you can provide more information.  You can file a complaint by calling 1-888-CALL-FCC.  If you’re submitting any type of media (like a DVD or CD) with the complaint, use the following address:

 

Federal Communications Commission

Consumer & Governmental Affairs Bureau

Consumer Inquiries and Complaints Division

9300 East Hampton Drive

Capitol Heights, MD 20743

Sources: https://www.fcc.gov/guides/obscenity-indecency-and-profanity, 

License Agreements

License Agreements

License Agreements


A license is a form of an agreement that can be granted by a licensor to a licensee in order for the licensor to authorize use of the licensed product or the material by the licensee. The license allows the licensor to hold the intellectual property rights of the product and to make money off of the product or creative work by charging for product use by the licensee.
A license protects the proprietary rights of products or ideas such as computer software by giving permission to use a product in a certain way or for a certain activity that would otherwise be considered illegal. This may be done through either proving a status or capability, or by paying a fee. The license agreement may also require the licensee to inform the proper authority or licensor about the type of activity, in order for the licensor to be able to set any limitations or conditions necessary.
When creating a license agreement, it is important to consider the different types of property rights as well as the scope of the rights involved. These can include:
ā€¢ Copyrights for original works that are in a fixed tangible form of expression.
ā€¢ Patents for inventions.
ā€¢ Trademarks for names, words, or symbols that can identify or distinguish a product.
What to Include in a License?
License agreements do not have to be complicated or lengthy, but they should be enforceable and straightforward. Existing license agreements can be helpful to see existing ideas that may be beneficial.
The first thing to set in a license is the licenseā€™s scope. It is important to maintain the ultimate rights to ownership of the product while making the agreement broad enough to allow customers some flexibility in using the product. Often licenses are nonexclusive and can be sold to others, except on custom-made products.
It is important that this flexibility to the licensee does not leave room for him to either pirate or produce the product so it can be sold to another third party. A license can allow for controlled reproduction in a given environment through a network license or enterprise license. It can also allow the licensee to resell the license while giving royalties to the licensor.
Defining the Terms for Revenue from the Product
It is imperative to include terms that can control the revenue streams generated the products through the license. Most license agreements on specify a single one-time payment for the license fee at the time of purchase. Other agreements can be made through monthly lease payments, royalties, or even ongoing maintenance charges if necessary.
Other important terms to include in a license:
ā€¢ Any rights given to the licensee to combine or modify the product.
ā€¢ Sublicense and transfer rights.
ā€¢ Length of the agreement or the term.
ā€¢ Uses that are prohibited.
ā€¢ Warranty if included and what it covers.
ā€¢ Rights to the source code.
ā€¢ Other support services available.
ā€¢ Contract termination.
ā€¢ Indemnity for infringement.
ā€¢ Nondisclosure of any confidential information.
Securing Rights with a License
Intellectual property is very complex and a lawyer is usually the most reliable source in order to manage and protect a licensorā€™s rights. The Unite States Patent and Trademark Office along with the United States Copyright Office administer intellectual property rules and laws. Some protections, like copyrights, may be automatic while others like patents must be granted in a complex application process.

Kolon Industries Executives Stole DuPontā€™s Kevlar Trade Secrets

Kolon Industries Executives Stole DuPontā€™s Kevlar Trade Secrets


On October 18, 2012, the Department of Justice announced that executives and employees for Kolon Industries Inc were indicted for stealing trade secrets concerning DuPont’s Kevlar para-aramid fiber and Teijin Limited’s Twaron para-aramind fiber.  


The indictment is asking Kolon Industries to forfeit $225 million of proceeds.  


Kolon is headquartered in South Korea and it makes a product called Heracron—a recent product in the para-armind fiber market.  These types of fibers are used to make body armor, automotive parts, fiberoptic cables, and other industrial parts.


The indictment states that Kolon wanted to improve its products by targeting both current and former employees for DuPont and Teijin.  In 2002, Kolon received inside information about the manufacturing process used by DuPont, and the company started using the same process in just three years.  


The indictment also states that Kolon received information from five employees that formerly worked for DuPont.  These employees provided information about the manufacturing process, blueprints, prices, and even emerging technology.  One specific employee gave Kolon information on a CD about costs for a range of Kevlar products, pricing information for customers, market trends, and more.  


Five men under Kolon were charged.  They are Jong-Hyun Choi, In-Sik Han, Kyeong-Hwan Rho, Young-Soo Seo, and Ju-Wan Kim.  Choi was the senior executive of the Heracron Business Team.  Han led Kolon’s research and development.  Rho was the head of the company’s Technical Team.  Seo was a general manager for the company from November 2006 and on and Kim was a manager from September 2007 to February 2009.  


The theft of trade secrets carries a maximum penalty of 10 years in prison and a fine up to $250,000 or twice the gain for each defendant as well as a $5 million fine or twice the gross gain or loss for the corporation.  Since the company tried to conceal the theft, the defendants are also facing 20 years in prison for obstruction of justice and multiple fines.  


Source: Federal Bureau of Investigation
 

Open Source

The United States Patent and Trademark Office Patent

The United States Patent and Trademark Office Patent

What is the USTPO?
The United States Patent and Trademark Office is a government agency in the United States Department of Commerce, which issues patents to inventors and businesses for the production of new inventions. The United States Patent and Trademark Office also will supply individuals or businesses with trademark registrations for products and intellectual property identification purposes. The USTPO is located in Alexandria, Virginia, following a 2006 move from the Crystal City jurisdiction of Arlington, Virginia. 
The USTPO is headed by David Kappos, who was sworn into office following the United States Senateā€™s confirmation of his appointment by the President Barack Obama. The USTPO cooperates with various patent offices, such as the European Patent Office and the Japan Patent Office as one of the three international Trilateral Patent Offices. 
The Mission of the USPTO is legally based in Article 1, Section 8 of the United States Constitution, where the powers of Congress are defined as possessing the ability to ā€œpromote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.ā€
The mission of the United States Patent and Trademark Office is to promote industrial and technological progress in the United States and to strengthen the United States economy by administering the laws relating to patents and trademarks; advising the President of the United States, the Secretary of Commerce and the administration on patent, trademark and copyright protection and to provide advice on the trade-related aspects of intellectual property. 
What is a USTPO Patent?

A USTPO patent is an exclusive right granted by a state, particularly a national government, to an inventor or assignee, for a limited amount of time in exchange for a public disclosure of an invention or idea.
 
The procedure for issuing a USTPO patent, the requirements placed on the holder of the USTPOI patent and the extent to which the exclusivity rights protect the invention or idea will remain constant in varying locations. That being said, there are different types of USTPO patents available depending on the underlying invention or idea. In most cases, a USTPO patent application will include one or more claims to define the invention; to obtain a USTPO patent, the idea or invention must be new, useful, non-obvious or industrially applicable. 
A USTPO patent offers the creator of a particular invention or idea the exclusive right to prevent others from making, using, distributing or selling the patented invention without permission. A USTPO patent is simply, a right to prevent other manufacturers, individuals or producers from using the underling invention or idea. 
Patents are regulated under the World Trade Organizationā€™s Agreement on Trade-Related Aspects of Intellectual Property Rights; this organization will make patents available to WTO member states for any inventions or ideas relating to all fields of technology. The terms attached to such patents will offer exclusive rights to holders for a minimum of twenty years; however, different types of patents may have varying terms attached to the exclusivity of the underlying patent. 

What Does Patent Pending Mean?

What Does Patent Pending Mean?

The term ā€œpatent pendingā€ is often used on certain products by inventors that have begun the application process in regards to securing patent protection and have submitted the application for review to the United States Patent and Trademark Office.  
The granting of a patent by the USPTO is known to be quite a lengthy procedure, often times taking up to three years to issue the patent. During such time, the owners of the invention or the patent holders will often affix the words ā€œpatent pendingā€ on their invention or product in order to give notice to others that the patent application process is underway. 
Conditions to Use Patenting Pending
In the United States, there are certain requirements imposed by applicable patent laws in regards to the correct usage of ā€œpatent pendingā€ notices on inventions or products. The most important requirement would prove to be obvious, which is to formally have an actual patent application filed with the USPTO. 
The type of application in regards to the patent may not matter for the use of the patent pending notice, though it is normally associated with the provisional patent application. The provisional patent application will not commence the formal investigation process until after a year from the date of the application. 
Furthermore, no claims are necessary to be included in the application. This allows for the inventor to make the proper adjustments to the invention in order to be within the constraints of patentability. 
In the case that the patent pending statement is used on an invention or product, it is conditional upon having to file for a standard, non-provisional patent within 12 months from the date the application was filed. 
In order to legally use the patent pending mark, the application for registration must have already been started and can only be affixed by the creator or owner of the invention. The patent pending mark is to be temporarily used until a formal and official patent number is given upon granting patent rights. 
Using the patent pending mark on a product or invention that has not undergone the necessary application procedures is considered to be a federal crime in accordance to United States patent laws and statutes.  Violating such imposed regulations can result in heavy fines and possibly even imprisonment. 

Extent of Protection with Patent Pending
 It is crucial for inventors and potential patent holders to be aware of the fact that a patent pending notice does not offer the same protection as a patent that is appropriately registered. A patent pending mark does not exclude others from making and selling similar inventions or products. However, it does give notice that the particular invention or product may become the sole and exclusive property of the patent owner within a matter of time. 
Patent pending does not guarantee that the actual invention or product will be granted patent protection. It is not uncommon for many inventions to be denied patent rights or require that the inventor make amendments and modifications are re-submit an application for approval. 
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