Category Archives: Intellectual Property

GDPR – A Competitive Edge for Managed Service Providers Webinar

December 5, 2018, 11:00 am – 12:00 pm CST The General Data Protection Regulation (“GDPR”) became effective May 2018. The risks of non-compliance can range from up to €20 million to 4% of annual revenues but understanding and implementing GDPR compliance obligations can help Managed Service Providers maintain a competitive edge in the marketplace.  The goal of this webinar series is to go beyond simply explaining the GDPR and its requirements. This webinar is constructed in a way to do a deeper dive on specific topics relating to GDPR to equip MSPs with advanced knowledge, use cases, legal requirements and technical options to be compliant. This webinar will teach you: Does GDPR apply to me? What it means to be a “processor” under GDPR. What MSPs can do to ensure compliance. Benefits of verification. Role of attorneys in establishing a compliance program. Presenters: Robert J. Scott, Scott & Scott, LLP Managing Partner, represents….. To continue reading this legal news please click Read full information...

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Equitable Defenses at the PTAB

Assignor Estoppel Precluded by AIA Statutes…But What of Other Equitable Defenses? The doctrine of assignor estoppel bars the assignor of a patent from challenging the validity of the patent after it is assigned. In considering this defense to an AIA trial proceeding, the Patent Trial & Appeal Board (PTAB) had consistently held that this common-law doctrine is subject to abrogation by statute, and that the AIA statutes do exactly that. The Federal Circuit recently agreed. However, the Board has considered and applied other equitable defenses. For example, the Board has applied waiver (prior to the Federal Circuit’s determination that tribal immunity did not apply to the PTAB). Thus, equitable defenses that do not conflict with the AIA statutes may be leveraged. One equitable defense that could become more prominent going forward —given the alignment of claim construction standards between the PTAB and courts— is….. To continue reading this legal news please click Read full information...

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Okay, Google®: Can AI Be Granted Inventorship to a Patent?

By Ankit Aggarwal Google® CEO Sundar Pichai demonstrated the capabilities of Google Assistant onstage at Google I/O 2018.[1] Triggered by a voice command, the Google Assistant software seamlessly and successfully communicated with a hair salon employee, via a phone call that the software initiated, to book the appointment. Pichai explained that Google Assistant actually “understand[s] the nuances of conversation” by combining natural language understanding, deep learning and text-to-speech technology. This represents a new and less blatantly artificial development in the scope of AI ability. Google Assistant is among a series of AI platforms that came to the forefront with IBM®’s Watson[2] and continue to drive innovation, investment, and challenge resolution.  As AI technology continues to evolve, we see that the output provided by such platforms can be unique. Where the output from a machine programmed computing device was once determined by a….. To continue reading this legal news please click Read full information...

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US travel ban blocking students from presenting their research

Enlarge / A poster grayed-out in protest at the recent Society for Neuroscience meeting in San Diego. (credit: Twitter user: @Doctor_PMS) At an academic conference, the question “where are you from?” can have many meanings. “For anybody who’s in science, that’s a complicated question,” says paleontologist P. David Polly. “Where are we now, where did we get our degree, where did we grow up, where did we get the other degree?” For many people in science, the list of answers will span multiple countries. Because of this international culture, science is feeling the effects of increasing restrictions on international travel. At last week’s Society for Neuroscience (SfN) meeting in San Diego, a research poster drew a lot of attention: the bulk of the poster was grayed out, covered instead by a message from the author explaining that, as a citizen of Iran, she had been unable to enter the US to take part in the conference.….. To continue reading this legal news please click Read full information...

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Inventors Can Challenge their Own Patents – But Only at the PTAB

by Dennis Crouch The traditional rule of assignor estoppel prevents prior owners of a patent from later challenging the validity of the patent.  The doctrine stems from old property law cases and is based upon the idea is that the assignor “should not be permitted to sell something and later to assert that what was sold is worthless, all to the detriment of the assignee.” Diamond Scientific Co. v. Ambico, Inc., 848 F.2d 1220 (Fed. Cir. 1988); see Westinghouse Elec. & Mfg. Co. v. Formica Ins. Co., 266 U.S. 342 (1924). Of course, most ‘assignors’ are inventor-employees who assign away rights well before even conceiving of their inventions.  In his 2016 article, Mark Lemley argued that: [T]he doctrine is out of touch with the realities of both modern inventing and modern patent law, and that it interferes with both the invalidation of bad patents and the goal of employee mobility. Mark A. Lemley, Rethinking Assignor Estoppel, 54….. To continue reading this legal news please click Read full information...

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