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On January 1, 2013, a bill (H.R. 6621) cleared both houses of Congress to “correct and improve certain provisions” in the Leahy-Smith America Invents Act of 2011 (AIA) and in other parts the Patent Act....more
On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would...more
The Senate on Saturday passed an amended version (S. Amendment 3344) of H.R. 6621, Rep. Lamar Smith's bill "To correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code." ...more
Rep. Lamar Smith's H.R. 6621 came up for a vote today on the House floor under a suspension of the rules permitting the House to consider and vote upon the measure without debate. In contrast with Rep. Smith's (at right)...more
With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent...more
The case of Dred Scoot v. Sanford (60 U.S. 393, 1856) was meant to be a federal question case. However, it became a diversity of citizenship case when Dred Scott's citizenship was challenged. The Supreme Court...more
The United States Copyright Office recently issued a broad notice of inquiry in the Federal Register, seeking comments from the public “regarding the current state of play for orphan works.” An orphan work is an original...more
With this morning’s Supreme Court affirmance of the bulk of the Affordable Care Act, the specter that the BPCIA framework for biosimilar introduction could be dismantled is no longer a concern....more
Victoria A. Espinel, the Intellectual Property Enforcement Coordinator for the White House, has announced the opening of a comment period seeking comments on how the administration should approach intellectual property...more
David Kappos, the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (PTO), appeared before the Senate Judiciary Committee on the Judiciary on June 20, 2012, to provide...more
The Librarian of Congress today announced the appointment of a new Chief Judge for the Copyright Royalty Board. The new Chief Judge will be Suzanne Barnett, a superior court judge of King County in Seattle, Washington. This...more
Minnesota State Representative Joyce Peppin, is convinced that “trademark bullying” is a problem and that it requires a brand new law in Minnesota to properly deal with it.
Representative Peppin apparently is a law...more
It’s been an interesting week for Canadian copyright. In case you don’t follow the lawyers and politicians…(and why would you)…. the debate over copyright has turned a bit snippy here in Canada. Parliament is debating the...more
Organized online protests over two bills in Congress targeting online copyright infringement — the House’s Stop Online Piracy Act (SOPA) and the Senate’s Protect Intellectual Property Act (PIPA) — seem to have crippled these...more
Punitive damages under the Virginia Uniform Trade Secrets Act (“VUTSA”) may have relatively little impact per a recent decision by the Eastern District of Virginia. In E.I. DuPont De Nemours and Co. v. Kolon Industries, Inc.,...more
The Lanham Act prevents applicants from registering any of a number of words and devices as marks, including immoral or scandalous matter and flags or coats of arms. In terms of the latter exclusion, such a prohibition makes...more
On September 29, 2011, the Canadian government tabled Bill C-11 (the Copyright Modernization Act), which is effectively a re-introduction of Bill C-32 which died with the dissolution of Parliament in March 2011 ahead of the...more
The Leahy-Smith America Invents Act signed by President Obama on September 16, 2011 will switch the United States from a “first-to-invent” patent system to a “first inventor-tofile” patent system, and make other important...more
On September 16, 2011, President Obama signed the America Invents Act (H.R. 1249) into law, legislation that drastically changes the face of patent law in the United States. The most significant portion of the legislation...more
On September 16, 2011, President Obama signed into law the most comprehensive reform to U.S. patent law in over 50 years. After months of debate in both the House and the Senate, the America Invents Act (House Bill H.R. 1249)...more
Today President Obama signed into law the Leahy-Smith America Invents Act, considered by many to be the most sweeping reform of the United States patent system in 60 years. Among many changes, one which takes immediate effect...more
After six years of consideration on Capitol Hill, the U.S. Senate passed monumental patent reform legislation late yesterday, September 8, by an impressive 89-9 margin. The House of Representatives has already given its...more
Landmark Patent Reform Bill Ready for President Obama’s Signature September 2011 Client Alert Intellectual Property
On September 8, 2011, the Senate passed the Leahy-Smith America Invents Act (“AIA”), without amendments...more
The Smith-Leahy America Invents Act (Smith-Leahy Act) was passed by the Senate on September 8, 2011 and is expected to be signed into law by President Obama. Invention protection strategies and procedures should be evaluated...more
The America Invents Act H.R.1249, passed the Senate on September 8, 2011, by an overwhelming vote of 89-9. It is long and complex, and will create significant changes to the U.S. patent system, which will have a wide ranging...more
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