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CoffyLaw, LLC

Senate IP Subcommittee Kicks Off Year-Long Review of Digital Millennium Copyright Act

Senator Thom Tillis (R-NC) and Senator Chris Coons (D-DE) this week held the first in a series of eight tentative hearings scheduled for this year on the topic of updating and modernizing the U.S. Digital Millennium Copyright Act. Tillis’ goal is to address changes to the internet since the DMCA was passed in 1998, and by December 2020 to release draft text of a reform bill for stakeholder comment.
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CoffyLaw, LLC

Space Force, Star Trek, and Strange New Worlds of Trademark Infringement

On January 24, 2020, the United States Space Force logo hit the news — and the photon torpedoes began to fly. Almost instantly, those familiar with the Star Trek Starfleet Command insignia called out a striking similarity, and even George Takei (who played USS Enterprise helmsman Hikaru Sulu) tweeted “Ahem. We are expecting some royalties from this…”
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CoffyLaw, LLC

Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm

The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm (N.D. Cal. May 21, 2019), which will review the issue of whether Qualcomm is required to license its standard essential patents (SEPs) to modem-chip suppliers, after the district court determined that the company’s “no license, no chips” policy violated U.S. antitrust law.
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CoffyLaw, LLC

Medical Innovation Depends on Bayh-Dole’s IP Protections

In this age of polarization, it’s almost impossible to imagine Congress enacting bipartisan legislation that would benefit businesses, higher education, and consumers alike. But that is exactly what happened 40 years ago, and it is worth remembering.
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CoffyLaw, LLC

Brexit is Finally Happening: Here’s What to Expect for IP

The Withdrawal Agreement Act 2020 received Royal Assent on January 23 and was approved by the European Parliament on January 29. That means that the UK will leave the European Union at 11:00 pm GMT on January 31, 2020 and the EU will then have 27 rather than 28 Member States.
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CoffyLaw, LLC

PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal Board (PTAB) to apply the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018). See BioDelivery Scis. Int’l, Inc. v. Aquestive Therapeutics, Inc., Nos. 2019-1643, 2019-1644, 2019-1645, 2020 U.S. App. LEXIS 1030 (Fed. Cir. Jan. 13, 2020) (Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, and Hughes, Circuit Judges) (Opinion for the Court, Lourie, Circuit Judge) (Dissenting opinion, Newman, Circuit Judge).
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CoffyLaw, LLC

Users Lament PAIR Changes During USPTO Forum

Jamie Holcombe, Chief Information Officer at the U.S. Patent and Trademark Office (USPTO), seemed surprised to learn on Wednesday that both the Public and Private versions of the USPTO’s Patent Application Information Retrieval (PAIR) System have serious issues that are making workflows untenable for users.
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CoffyLaw, LLC

‘IP That Works for All’: My Vision for the World Intellectual Property Organization

In the increasingly global environment, our creators, inventors and innovators have continued to lean on the shoulders of the of intellectual property (IP) system as the core of the emergent global knowledge economy and a guarantee for private reward and public welfare. The products of intellect have continued to face opportunities and challenges presented by rapid technological changes. With the fourth industrial era upon us, the imperative of IP cannot be more assured than it is in every creative and innovative enterprise that has continued to drive the progress of human society.
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CoffyLaw, LLC

SMCA Set To Export U.S. Copyright Law to North American Neighbors

The United States-Mexico-Canada Agreement (USMCA) was passed by the U.S. Senate on January 16, 2020 and will be signed by President Trump today. The treaty, which renegotiates and cancels the 1994 North American Free Trade Agreement (NAFTA), is expected to dramatically affect many areas of law of its three member states.
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