Duck Dynasty or Patent Dynasty? 03/06/2014Posted by Morse, Barnes-Brown Pendleton in New Resources, Intellectual Property.
Tags: duck calls, duck dynasty, idea, invention, patents, phil robertson, startup
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By: Sean Detweiler
If you are reading this because the title caught your eye, then there is a good chance that you are aware of the recently popular Duck Dynasty® television show on A&E Television Networks, which is in its 5th season as I write this article. The frequent promotion for the show states, “meet the Robertsons; they turned duck calls into a multi-million dollar empire.”What you may not realize is that the family patriarch, Phil Robertson, is also a patent holder. He is listed as the inventor on at least two patents related to duck calls.
The cost of filing for, and obtaining, patent protection is not trivial. Independent inventors, startup companies, and small companies alike all have a common issue with which to grapple at the genesis of their own developing back stories. As a patent attorney, I repeatedly hear the same question, “Should we file a patent application to cover our invention, or should we put that money into the company for manufacturing and/or marketing or other areas to build the business?” My response to these questions usually is, “What is the value of your idea?”
Mr. Robertson made the tough choice early on in a market where there were a lot of competitors making duck calls. He invested in patents when he was just starting his company and making duck calls by hand in a shed in Louisiana. So what is the value of those two Phil Robertson duck call patents? Should you patent your idea? Read the full article to find out.
For more information about how MBBP’s Patent Practice can assist you, please contact Sean D. Detweiler.
Tags: copyrights, drm, hogo, Intellectual Property, ip, pdf document protection
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On March 4 MBBP IP Technology and Licensing Attorney Howard Zaharoff was featured in a blog post by HoGo, a DRM (digital rights management) platform that lets users copy-protect, distribute and manage PDF files. The blog post titled “Ten Questions with… Howard Zaharoff (Part One)” shares his legal perspective on copyrights and copy protection with readers of HoGo Blog Confidential.
Visit HoGo to see the first half of Howard’s interview.
Please feel free to contact Howard with any of your own questions on IP and Copyright law.
Tags: apple, court decisions, FTC, Intellectual Property, ip law, monsanto, nike, samsung
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Looking back at 2013, there were many interesting developments in intellectual property. In an effort to keep our contacts and clients up-to-date with the most recent IP law changes and court decisions, MBBP has compiled our Top 10 Intellectual Property Developments of 2013:
- AIA Institutes “First Inventor to File” System
- Association for Molecular Pathology v. Myriad Genetics
- Bowman v. Monsanto
- Apple and Samsung
- Federal Trade Commission v. Actavis, Inc.
- Already, LLC v. Nike, Inc.
- Kirtsaeng v. John Wiley & Sons, Inc.
- The Authors Guild, Inc. v. Google, Inc.
- COPPA Rule Amendments
- New Top Level Domain Names
For more information on these developments, please view the full article here.
Changes To Implement the Patent Law Treaty 12/19/2013Posted by Morse, Barnes-Brown Pendleton in Intellectual Property.
Tags: Intellectual Property, patent law treaties implementation act, PLTIA, USPTO
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By: Stanley Chalvire
On Wednesday, December 18, 2013, new U.S. Patent and Trademark Office (USPTO) final rules addressing the implementation of the Patent Law Treaties Implementation Act of 2012 (PLTIA) took effect, revising the rules of practice pertaining to patent cases. The final rule was issued on October 21, 2013 pursuant to title II of the PLTIA, which amends U.S. law to implement the provisions of the Patent Law Treaty (PLT). The PLT, an international treaty to which the U.S. is a signatory, aims to harmonize and streamline formal procedures pertaining to the filing and processing of patent applications.
Some of the final rule’s notable changes to U.S. patent law generally pertain to: (i) the restoration of patent rights following the unintentional abandonment of patent applications and the unintentional delay of the payment of certain fees; (ii) the restoration of foreign priority or domestic benefit claims after the expiration of the priority period; and (iii) the extension of the time periods for responding to certain USPTO communications. A copy of the final rules can be accessed at 78 Fed. Reg. 62368.
For more information or to discuss the PLTIA or how the new rules affect your patents or patent applications, please contact Stan Chalvire.
Tags: COPPA, FTC
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By: Faith Kasparian
On July 1, 2013, the amendments to the regulations that implement the Children’s Online Privacy Protection Act (COPPA) went into effect.
The COPPA Rule imposes requirements on operators of websites or online services (including apps) that are directed to children under the age of 13 or that have actual knowledge that they are collecting personal information online from a child under the age of 13. Among other COPPA Rule requirements, operators must provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under the age of 13. The amendments constitute the first major changes to the COPPA Rule since the Rule went into effect in 2000.
There are five important changes reflected in the COPPA amendments:
- Expanded Definitions
- Additional Methods for Obtaining Parental Consent
- Heightened Responsibilities on Operators
- Increased Oversight of Safe Harbor Programs
To learn more about these changes, please see the full article here.
Tags: FDA regulations, Hatch-Waxman Act, SCOTUS
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By: David Fazzolare
Uncertainty over the extent to which the Hatch-Waxman Act’s safe harbor applies to post-approval activities remains as the Supreme Court declined to grant certiorari in two prominent cases involving the safe harbor this year. In particular, the Court both denied Momenta’s petition for certiorari of the Federal Circuit’s decision in Momenta v. Amphastar Pharmaceutical’s and denied GlaxoSmithKline’s petition for certiorari of the Federal Circuit’s decision in Classen v. GlaxoSmithKine. Whereas the Federal Circuit panel sitting en banc in Classen held that the safe harbor applies only to pre-approval activities, a different panel of the Federal Circuit sitting en banc more recently held in Momenta that the safe harbor applies to certain post-approval activities, such as quality control batch testing to comply with FDA regulations. The safe harbor is codified in 35 U.S.C. 271(e) (1), which provides that “it shall not be an act of infringement to make, use, offer to sell or sell … a patented invention … solely for uses reasonably related to the development and submission of information under a federal law which regulates the manufacture, use or sale of drugs or veterinary biological products.”
The Supreme Court’s refusal to grant certiorari in the Momenta case arguably means that the High Court is willing to accept that certain post-approval activities are protected under the safe harbor. The Court’s failure to opine on the issue, however, leaves interested stakeholders wondering exactly what types of post-approval activities are protected under the safe harbor. Given the divergence of opinions held by existing Federal Circuit justices, and the unresolved conflict between the Momenta and GlaxoSmithKline holdings, the Supreme Court will likely have another opportunity to clarify the types of post-approval activities that are protected under the safe harbor. In the meantime, industry stakeholders contemplating conducting post-approval activities that might infringe a patent would be well-advised to avoid extending the safe harbor beyond the facts of Momenta until the Supreme Court confirms that the safe harbor has indeed become a safe ocean.
To learn more about this topic, please contact David Fazzolare.
Developing an app? Make sure you own it! 02/20/2013Posted by Morse, Barnes-Brown Pendleton in Games & Interactive Entertainment, Intellectual Property, Licensing & Strategic Alliances.
Tags: app development, ownership rights, phone apps
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On February 11th, Adobe published an article “Developing an app? Make sure you own it!” written by MBBP Licensing, Technology and IP Attorney Michael Cavaretta. Mike advises readers on precautions app developers should take in order to ensure their ownership rights are protected.
To read the full article, please visit the Adobe Developer Connection.
For more information on developing an app, feel free to contact Mike.
Tags: Intellectual Property, IP Licensing, MCLE
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On June 16th, Massachusetts Continuing Legal Education (MCLE) is hosting the 14th Annual New England Intellectual Property Law Conference 2011, where attendees can get up-to-speed on trends and new developments that business lawyers and litigators need to know in the ever-changing field of intellectual property law. MBBP IP Licensing and Trademark Attorneys Howard Zaharoff and Faith Kasparian will be attending the conference as faculty members. Howard is a program Co-Chair, while Faith will present an overview and update to the FTC’s New Privacy Framework.
For more information and to register for the conference, please visit MCLE.