United States: IP Buzz - July 2015

Last Updated: July 15 2015
Article by Ralph Dengler, Martin L. Saad and Meaghan Hemmings Kent

IP LEGAL NEWS AND UPDATES

An ITC complaint does not start the one-year statutory bar for filing an inter partes review

Authors: Fabian M. Koenigbauer and Andrew F. Pratt

Unlike district court litigation, International Trade Commission proceedings do not start the one-year statutory bar for filing an inter partes review, according to a recent decision from the Patent Trial and Appeal Board. The decision also confirmed that, where a defendant in a district court action waives service of the complaint, the one-year statutory bar starts when the waiver of service is filed.

Click here to learn more.

USPTO revises rules for AIA trials

Authors: Fabian M. Koenigbauer and Steven J. Schwar

On May 19, 2015, the USPTO released a final rule package that amends the rules of practice for AIA trials before the Patent Trial and Appeal Board. This is the first of two rules packages that the USPTO is releasing in response to public feedback regarding the current rules for AIA trials. The first package contains final rules reflecting "ministerial changes to the rules," whereas the second proposed package "will issue later to address more involved changes to the rules...." The May 19 rules package codifies the quick fixes to AIA trials pertaining to page limits and motions to amend. These changes were first adopted on March 27, 2015 after USPTO Director Michelle K. Lee announced them on the Director's forum blog.

Click here for an overview of the rule changes.

Website Owners: No Safe Harbor from Copyright Liability for Infringing Content Posted by Third Parties on Your Site If You Are Not Following DMCA Formalities

Author: Linda J. Zirkelbach

Did you know that, under the U.S. copyright law, if a third party uploads or posts copyrighted material to your website, and the third party did not have authorization to do so from the copyright owner or exclusive licensee of that material, your organization can be held strictly liable for copyright infringement as the operator of the website where it was posted or uploaded?

This is alarming but true – there is strict liability in copyright law. This means that, even if your organization did not put the infringing content on your website, or did not even know it was there, you can be held strictly liable for infringing content uploaded to your website by another.

Click here to learn what to do to qualify for the 512(c) safe harbor.

Summer 2015 Federal Copyright and Trade Secret Legislation Update

Authors: Armand J. (A.J.) Zottola and Christopher J. Kim

Since the Summer/Fall 2014 Update, Congress is no longer in its 113th session, and most of the bills previously referenced are no longer active. However, the 114th session has begun its term with several proposed amendments to copyright law. Generally, the numerous copyright bills attempt to amend the first sale doctrine, revise DMCA rulemaking procedures, and modify royalties owed to authors of certain sound recordings and visual arts.

Click here to read the Summer 2015 update.

3-D Printing of Medical Devices Has Many Dimensions

Authors: Heili Kim, Claudia A. Lewis, Justin E. Pierce, Kristen R. Klesh and Tamatane J. Aga

3-D printing, also referred to as "additive manufacturing" or "rapid prototyping," is the process of making three-dimensional objects from digital designs. Two of the most common types of printers are "disposition printers," which deposit layers of materials until the 3-D object is built, and "binding printers," which build the object by binding, usually with adhesive or laser fusing, the underlying layers, to create a whole object at the end of the process.

Click here to read the full article.

Busted: Having to Pay the Photography Piper

Author: Joshua J. Kaufman

New technologies are making it easier for photographers and their representatives to find infringing works online, and as a result, users are seeing more and more demands for licensing fees or damages for copyright infringement for photos that have been posted without permission.

Click here to learn the importance of pre-payment of licensing fees.

Shedding Light on "The Dark Web"

Author: Justin E. Pierce

Media coverage in recent years of illicit websites, such as the Silk Road and other online havens for cybercriminals, has shed some light on "the Dark Web." Despite this attention, many corporate executives and managers responsible for corporate security or for protecting their company's brand and content have little to no knowledge of what the Dark Web is. To address this disconnect, we provide the following brief overview.

Click here for an overview of the Dark Web.

To read this Update in full, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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