New privilege separate from attorney-client has been created: patent agent-client privilege.
http://www.ipintelligencereport.com/2016/03/15/in-re-queens-university-at-kingston-divided-federal-circuit-panel-creates-patent-agent-privilege/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IPIntelligence+%28IP+Intelligence+Report%29?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
… but East Texas is still getting a lot of play in patent litigation. (This article is 3 years old, but contains some interested information nevertheless.)
http://arstechnica.com/tech-policy/2013/01/east-texas-courts-are-back-on-top-for-patent-lawsuits/
… are not obvious. (Sorry, couldn’t resist.)
http://www.ipwatchdog.com/2012/04/29/ksr-the-5th-anniversary-one-supremely-obvious-mess/id=24456/
Great article by professor Yelderman on the impact of patent challenges and settlements.
Here are a couple articles to get you guys thinking about what we are going to discuss in class today.
https://www.pennlawreview.com/debates/index.php?id=45
http://www.forbes.com/sites/timworstall/2011/07/07/amazon-loses-1-click-patent/#3ab5dddb788e
http://www.entrepreneur.com/article/273157
As I am sure most of you already know, the Government has dropped its suit against Apple after successfully hacking into the world’s most famous iPhone without help from its manufacturer. While I think there is a sigh of relief to have this case blow over, it has merely postponed the constitutional question that must be answered: Can the government force a private entity to do something in the name of homeland protection? Unfortunately, all entrepreneurs who use privacy encryption as a staple for its business will be left in limbo until this question is answered.
On a conspiracy theory note, my brother texted me today saying he thinks Apple folded and gave into the government’s demand in exchange for Apple’s cooperation being completed undisclosed. I LOVE conspiracy theories, so I am buying this one and Aaron Rodgers swearing he saw a UFO in 2005 (see http://www.rollingstone.com/sports/news/that-time-aaron-rodgers-saw-a-ufo-in-new-jersey-20160323)
So you want to be an “entrepreneur?” For those of you who are fans on the ABC series The Goldbergs, you may recall a recent episode where older bother Barry declares his intention to become a “billionaire entrepreneur.” This sounds like an excellent career path; however, the road to becoming a successful entrepreneur is riddled with obstacles and failures. Indeed, it often takes multiple attempts to break through in the “real world” as a successful entrepreneur. With that comes experiences, and the following article points out a few key lessons young entrepreneurs learn during their first five years in the “real world.” Check it out…
Federal Circuit reversed a 120 million dollar verdict for Apple & invalidated 2 of Apple’s patents. Interestingly, Samsung was aware of the patents, but infringed on them anyway to keep up with the market.
http://fortune.com/2016/02/26/apple-samsung-patent-appeal/
Merrick Garland, who may become the next Supreme Court justice, has received criticism for his track record of deference to federal agencies and administrative adjudicators. While much of this discussion has involved Labor groups, it also has implications for Patent law, as some have seen the USPTO as overstepping its bounds recently.
Merrick Garland’s deference to federal agencies should be concerning to patent owners