• Inside Views: UN Human Rights Council Begins; Freedom Of Expression Issues Highlighted By Article 19 Group

    Today, the UN Human Rights Council begins its 39th Session (HRC 39) in Geneva – over the next three weeks the UN’s top human rights body will come together to discuss and act on some of the world’s most pressing human rights violations and abuses, writes civil society group Article 19. There is a lot on the HRC’s agenda for September, with a number of issues important to the right to freedom of expression to be considered, and it is essential that the Council acts on improving protections. In addition to important reports from OHCHR and from special procedures up for discussion, several thematic and country-specific resolutions will also be negotiated, to be considered for adoption on 20 and 21 September.

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  • Patently-O Bits and Bytes by Juvan Bonni

    Patently-O Bits and Bytes by Juvan Bonni

    Recent Headlines in the IP World:

    • Sarah Wells: Facebook Sues BlackBerry Over Patent Infringement of Voice-Messaging Tech (Source: Tech Crunch)
    • Prof. Brian Leiter:20 Most-Cited Intellectual Property & Cyberlaw Scholars in the U.S. for the period 2013-2017 (Source: Brian Leiter’s Law School Reports)
    • Brittany Shoot: OxyContin Billionaire Granted Patent for Opioid Addiction Treatment (Source: Fortune)
    • Susan Decker: Google Defeats Blackberry Time-Stamp Patent in Agency Review (Source: Bloomberg)
    • David Phelan: Apple Watch May Adopt Always-On Screen, Patent Application Suggests (Source: Forbes)
    • Christopher Elliott: This New Hotel Room Is So Groundbreaking That They Patented It (Source: Forbes)

    Commentary and Journal Articles:

    • Prof. Michael Risch: Abstraction, Filtration, and Comparison in Patent Law (Source: SSRN)
    • Inci Akkus: Lobbying in an Autocracy: Intellectual Property and Medical Equipment Firms in China (Source: SSRN)
    • Prof. Edmund S. Phelps and Prof. Eskil Ullberg: How a Global Patent Market Could Spur Growth (Source: The Japan Times)

    Upcoming Events:

    • CIPSC 2018 Law Student Writing Competition (Deadline: October 1, 2018)

    New Job Postings on Patently-O:

    • Guntin & Gust–Associate Patent Attorney
    • Oliff PLC
    • Sughrue Mion PLLC
    • Saidman Design Law Group LLC
    • Hewlett Packard Enterprise
    • ALG Intellectual Property, LLC
    • Guntin & Gust–Senior Patent Attorney

    Continue reading Patently-O Bits and Bytes by Juvan Bonni at Patently-O.

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  • Scandals and Corruption: Administration Should Focus its Attention on Actual Scandals

    by Dennis Crouch

    Thinking about Brunetti – Prof. Ned Snow has explained his view that the limit on registering scandalous marks should be upheld — so long as the term scandalous is limited to just marks communicating “sexually-explicit or vulgar content.”  Ned Snow, Denying Trademark for Scandalous Speech, 51 UC Davis L. Rev. ___ (2018).  As I suggested in a prior post, the “scandalous” nature of the mark would be largely viewpoint neutral and therefore more likely to pass through Supreme Court scrutiny.   Snow goes on to explain why the government should be involved — think of the children!:

    The apparent government interest is to protect the psychological wellbeing of minors, given that harmful effects follow from viewing pornography. And trademarks appear everywhere: they are openly displayed in stores, presented on billboards and road signs, delivered to the mailbox, embedded in movies and television, advertised throughout the internet (e.g., in the app store, in an unsuspecting email, on the Amazon website). Trademarks have become as pervasive as commerciality itself in the modern age. Consequently, scandalous marks can easily reach children. Withholding registration for them furthers the protection of children from psychological harm

    In its brief, the USGov’t argues further that – even these days of pornography-rich internet, the Government continues to have a strong interest in excluding “lewd pictures, profanity, and sexually explicit imagery from non-public and limited public fora.”

    A city government might decide, for instance, that graphic sexual imagery should not appear on advertisements on city buses.

    Continue reading Scandals and Corruption: Administration Should Focus its Attention on Actual Scandals at Patently-O.

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  • Capitol Hill Roundup

    This week in Capitol Hill hearings, automated systems for providing railroad safety control, innovative Medicare initiatives and the Army Futures Command are discussed in the House of Representatives while the Senate explores advances in nuclear fuel t…

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  • Capitol Hill Roundup

    This week in Capitol Hill hearings, automated systems for providing railroad safety control, innovative Medicare initiatives and the Army Futures Command are discussed in the House of Representatives while the Senate explores advances in nuclear fuel t…

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  •                         目次はこちら

    (STRATEGY)
    $$ The strategy is illustrated in FIG. 4. / この方策を図4に示す。(USP8989970)

    $$ Sophisticated strategies involving adjustme…

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  •                         目次はこちら

    (STRATEGY)
    $$ The strategy is illustrated in FIG. 4. / この方策を図4に示す。(USP8989970)

    $$ Sophisticated strategies involving adjustme…

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  • Chief Judge of the PTAB

    “The United States Patent and Trademark Office (USPTO), a progressive organization at the forefront of intellectual property issues around the world, is seeking a high performing professional to join its Senior Executive Team as Chief Administrative Patent Judge (Chief Judge).”

    Like other members of the PTAB, the Chief Judge is appointed by the Secretary of Commerce  in consultation with the USPTO Director.

    Apply Here: https://www.usajobs.gov/GetJob/ViewDetails/509462600

     

    Continue reading Chief Judge of the PTAB at Patently-O.

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  • PTAB Life Sciences Report

    By Bryan Helwig — About the PTAB Life Sciences Report: We will periodically report on developments at the PTAB involving life sciences patents. Par Pharmaceutical, Inc. v. Horizon Therapeutics, LLC PTAB Petition: IPR2018-01550; filed August 21, 2018. …

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  • Conference & CLE Calendar

    September 11, 2018 – “How Notre Dame’s IDEA Center Took University Start-Up Formation from Puny to Powerhouse: A Case Study in Performance Improvement” (Technology Transfer Tactics) – 1:00 pm to 2:00 pm (ET) September 12, 2018 – “Evolving PTAB Trial Pr…

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  • Government: We Can Still Regulate Morality

    Government: We Can Still Regulate Morality

    by Dennis Crouch

    Morality judgments have been a core governmental activity for millennia.  However, when it comes to limiting speech – morality is unlikely to be a sufficient justification to overcome today’s expansive Free Speech principles.

    The Lanham Act requires the USPTO to bar registration for marks that are either “immoral” or “scandalous.”  15 U.S.C. 1052(a).  A separate portion of the provision prohibits registration of marks that “may disparage . . . persons” — but the Supreme Court found that portion uncontitutional in Matal v. Tam, 582 U.S. ___ (2017). In Brunetti, the Federal Circuit expanded Tam by holding that the prohibition on registering “immoral” or “scandalous” marks is also an unconstitutional.  The court suggested that the government could draw some lines – such as barring obscene marks — but those dilenations are the province of Congress.

    In Brunetti’s particular case, his admittedly vulgar mark FUCT was originally refused registration on scandalous grounds. On appeal, however, the Federal Circuit reversed.

    Now, the US Government has petitioned the Supreme Court for Writ of Certiorari — arguing that:

    Under the proper analysis, the First Amendment does not prohibit Congress from making vulgar terms and graphic sexual images ineligible for federal trademark registration.

    Continue reading Government: We Can Still Regulate Morality at Patently-O.

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  • CBS Sunday Morning on 9 September 2018 does Woodward/Fear, but not as the cover story

    In an episode with the first on-air TV interview with Woodward about Fear, CBS Sunday Morning on 9 Sept 2018 led off with a one year old puff piece by Susan Spencer Why parents opt for unusual baby names , recycled from a broadcast on on September 24, 2017. The “highlight” was about a boy named Billion Ayer, and got into the theory of “nominative determinism.” Jane Pauley did not refer to this as the cover story, although the web version does so state –WHAT’S IN A NAME is our Cover Story, reported by Susan Spencer –. It might appear that this puff piece was shoved in front while work was still being done on the interview of Woodward by David Martin.

    Almanac went to Sept. 9, 1942, marking a bombing raid by a Japanese fighter on Wheeler Ridge on Mount Emily near Brookings, Oregon. The later return of pilot Nobuo Fujita to Brookings was noted. The CBS piece did not note that the I-25 submarine which launched Fujita’s seaplane was involved in Pearl Harbor and later sank a Soviet submarine, at a time when the Soviets and Japan were not at war.

    Two “inserts” on Sunday Morning observed the anniversary of California statehood in 1850, and a survey finding that 58% of respondents did not have a bucket list.

    The Woodward piece appeared later in the broadcast. The first text in the interview created an aura of fear:

    Woodward: “You look at the operation of this White House and you have to say, ‘Let’s hope to God we don’t have a crisis.'”

    The final text of the piece:


    [of the New York Times op-ed:] “Well, too vague, and does not meet the standards of trying to describe specific incidents. Specific incidents are the building blocks of journalism, as you well know.”

    “Fear: Trump in the White House” is Woodward’s 19th book, and he says reporting it took him deeper inside a working White House than he’s ever been before.

    “This one was in the belly of the beast,” he said.

    Martin asked, “And what did you conclude about the beast?”

    “That people better wake up to what’s going on.”

    The CBS piece did note: “Fear: Trump in the White House” (published by Simon & Schuster, a division of CBS)

    link: https://www.cbsnews.com/news/bob-woodward-fear-trump-in-the-white-house-people-better-wake-up-to-whats-going-on-in-the-oval-office/

    The moment of nature had black bears in Alligator River Refuge in eastern North Carolina.

    See: https://www.mappingmegan.com/alligator-river/

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