Author: Nick Hoeffler

Event: Innography Happy Hour

Innography Happy Hour

Tuesday, October 14, 2014 5:00pm-7:00pm

Location: The Deck at Public House


Events: BookIT IP Series at IIT Chicago-Kent

Intellectual Property in Africa is the Focus of First Talk in BookIT IP Series at IIT Chicago-Kent (via IIT Today)

IIT Chicago-Kent College of Law’s Program in Intellectual Property Law will launch its 2014–15 BookIT intellectual property book talk series on September 8, 2014 with a discussion of two groundbreaking books on innovation and intellectual property in Africa. Programs in the series, which are free and open to the public, will be held at the law school, 565 West Adams Street (between Clinton and Jefferson streets) in Chicago.

“Our BookIT talks are designed to present new and thought-provoking work by authors and researchers in the area of intellectual property, law and technology, or the Internet,” said IIT Chicago-Kent Professor Edward Lee, director of the Program in Intellectual Property Law. “We are pleased to have Professor de Beer as the inaugural speaker for our series.”

Other programs in the book talk series include:

October 2, 2014
University of Pittsburgh School of Law Professor Michael J. Madison on Governing Knowledge Commons (Brett M. Frischmann, Michael J. Madison & Katherine J. Strandburg eds.) (forthcoming Oxford University Press, 2014)

November 10, 2014
Suffolk University Law School Professor Jessica Silbey on The Eureka Myth: Creators, Innovators and Everyday Intellectual Property (forthcoming Stanford University Press, 2014)

February 23, 2015
Washington University at St. Louis Professor Neil Richards on Intellectual Privacy: Rethinking Civil Liberties in the Digital Age (forthcoming Oxford University Press, 2014)

April 2015
Professor Irene Calboli of Marquette University Law School and the National University of Singapore on Identities, Interests, and Intersections (Irene Calboli & Srividhya Ragavan eds.) (forthcoming, Cambridge University Press, 2015)

Saturday IP Must-Reads

Claude Shannon: The Man Who Turned Paper Into Pixels (via Farnam Street)

Not really exactly IP, but really important to understand the essential idea behind how computers work.

“Claude Shannon is the most important man you’ve probably never heard of. If Alan Turing is to be considered the father of modern computing, then the American mathematician Claude Shannon is the architect of the Information Age.”


Don’t Let the Disruption Hype Fool You: America Is Actually Getting Less Entrepreneurial (via New York Magazine)

“The country is getting less entrepreneurial. In aggregate, firms are aging. People are starting fewer new businesses, and older businesses are doing better than their younger competitors. For all the talk of “disruption” in today’s economy, it is better to be a big, old incumbent dinosaur than it is to be a lean, mean start-up.”


Bose sues Beats over patents for noise-canceling headphones (via Gigaom)

“In a complaint filed in Delaware federal court, Bose claimed that Beats’ “Studio Wireless” and other brands infringe on five patents related to noise canceling technology, and it is seeking damages and an injunction to stop Beats from selling the headphones.”


Does Spending Big on Research Pay Off for Tech Companies? Not Really. (via Re/Code)

“The result: Companies that spent the most on R&D tended to have shares that underperformed the markets over time, and also relative to those companies that spent less.”


Im-patent to innovate (via The Economist)

Paper available at the National Bureau of Economic Research

“a new NBER working paper* by Alberto Galasso of the Rotman School of Management and Mark Schankerman from the London School of Economics has found that the patent system is curtailing this tradition of progressive innovation…Critically, the authors report that this effect varies widely between fields. For patents in ‘complex’ fields, where products rely on numerous patents, including electronics, IT and biotechnology, subsequent citations more than tripled after a patent was invalidated. However, for ‘non-complex’ fields, in which the average product only embodies a few patents, the effect was insignificant.”


Stressed are the cheesemakers (via The Economist)

“…the European Union is trying to “claw back” food names that Americans consider generic but which Europeans believe should only apply to products made in specific bits of their continent. That includes feta, Parmesan and maybe even bologna.”


The Good, the Bad, and the Ugly of Adam Carolla’s Settlement with the Podcasting Troll (via EFF)


Tuesday Must-Reads

The Game Is To Be Sold: The Long Legal Battle For “Skee-Ball” (via The Classical)


Zombie Patents (via The Economist)

“In a new paper Sotiris Vandoros of the London School of Economics looks at what happens when patents expire in two important classes of drugs: ACE inhibitors, used to treat blood pressure, and proton-pump inhibitors, such as omeprazole. He tracked sales of these drugs after patents expired in six European countries between 1991 and 2006, measuring the switch both to generic drugs and to related but still patented compounds. “

Copyright Monetization Business is Latest IP Enforcement Play (via IPCloseUp)


Inside Keurig’s plan to stop you from buying knockoff K-Cups (via The Verge)

“This is a particularly threatening form of counterfeiting for Keurig. Like printer companies with their inkjet cartridges, Keurig’s business model is built on selling machines cheap and then reaping huge profits on the refills. Now, bereft of a legal monopoly on pod making, Keurig is trying to establish a technological one: its new brewer, which goes on sale this fall, has a mechanism that scans each pod for Keurig’s markings and locks out any unapproved capsules. It’s essentially digital rights management (DRM) — a mainstay in music and video — adapted for coffee.”

Despite the patent ‘giveaway’, Tesla has been monetising its portfolio all along (via IAM Magazine Blog)

“…Tesla has been able to secure loans against its patent assets. That is something it could not have achieved if its lenders did not see value in its portfolio. As such, it seems a little disingenuous for Tesla’s CEO to suggest that patents are holding businesses back. Ultimately, Tesla has been able to leverage its patents to raise cash and to create the foundations for a new market for its products and services.”

Xerox to Sell Patents in Sealed Bid Auction (via IP Watchdog)

“Xerox (NYSE: XRX), a global leader in business processes and document management systems, has engaged intellectual property brokerage ICAP Patent Brokerage, the world’s largest intellectual property brokerage and patent auction firm, to auction 239 U.S. patents and associated foreign patents and pending patent application.”

IIT Event – Global Alumni Gathering: Our Imprint on Innovation

Global Alumni Gathering: Our Imprint on Innovation

September 19-20, 2014

“This event will celebrate IIT’s imprint on innovation at this seminal event where attendees can meet and network with alumni from around the world. Important topics such as energy, intellectual property, and innovation will be presented by distinguished alumni in an open forum that fosters collaboration in a collegial atmosphere that is uniquely IIT.”

Tuesday Must-Reads

Why the long wait? The Supreme Court rules on Alice v CLS (via IAM Blog)

“It’s pretty disappointing. My initial reaction was almost why did they bother? What they’ve essentially done is say that this is Bilski plus a computer and that doesn’t make these claims any more patentable but we knew that already. The Federal Circuit is split because it has not been getting clear guidance on what an abstract idea is and the Justices still haven’t provided that guidance. I guess the silver lining is that they’ve followed the Hippocratic oath and done no harm.”


Redskins Lose Ruling on Trademarks, but Fight Isn’t Over (via New York Times)

“On Wednesday, a division of the federal government ruled that the Redskins name was disparaging. The team was stripped of federal protections for six of its trademarks.”


The Disruption Machine: What the gospel of innovation gets wrong (via The New Yorker)


Jonathan Ive on Apple’s Design Process and Product Philosophy (via New York Times)


First-Ever Inter Partes Live Witness Takes Stand At PTAB (via Law360)

“Patent attorneys have been watching the case to see how the PTAB would conduct live testimony, but there were few surprises on Tuesday. The questioning and testimony of inventor Kevin Orr closely resembled that of a standard courtroom proceeding.”


Tuesday Must-Reads

High-End Hermès Handbags at Center of Suit Against Christie’s (via New York Times)

“No one, it is said, knows more about the buying and selling of pre-owned Hermès bags than Matthew Rubinger, Heritage’s Birkin whisperer. But now Mr. Rubinger, 26, has left for another more famous auction house — Christie’s International — and the battle of the Birkins has begun.

Heritage on Friday filed a lawsuit against Christie’s, claiming Mr. Rubinger breached his contract and stole trade secrets.”

Judge Tesla CEO Elon Musk on his actions, not his words (via IAM Magazine Blog)

“If Musk had wanted to make a more powerful statement about the pointlessness of patents then he would have given Tesla’s up; or, as this blog by law firm Downs Rachlin Martin pointed out, promised not to use them even for defensive purposes. But he didn’t. Tesla still owns a big patent portfolio.”

Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements (via Truth on the Market)

“Whatever the outcome of the current rights of publicity litigation, the NCAA may expect to face antitrust scrutiny on a number of fronts.  This is as it should be.  While the organization clearly yields efficiencies that benefit consumers (such as establishing and overseeing rules and standards for many collegiate sports), its inherent temptation to act as a classic cartel for the financial benefit of its members will not disappear.  Indeed, its incentive to seek monopoly profits may rise, as the money generated by organized athletics and related entertainment offshoots continues to grow.  Accordingly, antitrust enforcers should remain vigilant, and efforts to obtain NCAA-specific statutory antitrust exemptions, even if well-meaning, should be resisted.”

Rader Resignation A Head Scratcher Despite Email Flap (via Law 360)

Friday Must-Reads

IAM names the world’s leading IP strategists (via IAM Blog)

The list includes many IPMM professors or speakers including: Robert Goldman from Charles River Associcates, Aron Levko from Aron Levko LLC, Ian McClure from IPXI, Raymond Zenkich from Red Chalk Group, Keith Bergelt from Open Innovation Network, Sharon Oriel from Talisker & Associates.


How Beats conquered the world (via The Verge)

“Okay, headphones. But headphones have been around for so long,” TJ Grewal, Beats’ head of product, told The Verge. “Why now? Why did it happen? Why Beats?” The answer is a combination of branding and big sound that comes directly from the founders’ experience crafting records — and shaping artists — for a mainstream audience.”


Beat By Dre: The Exclusive Inside Story of How Monster Lost the World (via Gizmodo)

This 2013 article is required reading for a textbook example why a small company needs to understand its intellectual property rights.

“Monster received some money as part of the breakup—more severance payment than cash-out—and Beats walked away with everything: all of Monster’s audio work, every single patent, the trademarked design, and more than anything else, the name.”


Elon Musk Destroys The Rationale For Patents, Opens Up All Of Tesla’s (via Tech Dirt)


Delegates from 45 countries to attend sold out IPBC Global (via IAM Blog)


FIFA’s unfair catenaccio on World Cup’s IP (via IPKat)

“The declared enforcement approach does not seem less pretentious. Irrespective of a trade mark’s distinctive function, for instance, the IP Manual alleges that simply writing “Brazil 2014” with a standard font and with no device element on a t-shirt would be the subject of legal proceedings as leading consumers to establish an unlawful association with FIFA’s tournament.”


Benefits of Parallel District Court Litigation and Patent Office Review (via Chicago IP Litigation Blog)

“Inter partes review has become a popular, powerful tool for patent defendants. In many cases, it allows the defendant to get the expensive district court litigation stayed in favor of the Patent Trial and Appeal Board’s more focused and more economical validity review.”

Tuesday Must-Reads

EA, NCAA Players Reach $40 Million Settlement (via GameSpot)

“Attorneys representing student athletes who claim Electronic Arts illegally used their likenesses in the company’s popular NCAA Football, Basketball, and March Madness video games will receive nearly $1,000 per appearance in a game from EA. The settlement will amount to a total of around $40 million.”


A closer look at our top 40 IP market makers (via IAM Blog)

“In the latest issue of IAM you’ll find our inaugural market makers top 40: our ranking of the main movers and shakers in IP transactions and investment.”


Elon Musk to open up Supercharging patent designs (via Computerworld)

“By allowing other automakers to use the Supercharging technology, Musk hopes to boost EV adoption.”


Google’s evolution from IP refusenik to major patent owner continues (via IAM Blog)

“According to numbers released today by the IPO, Google was granted the tenth most US patents last year with 2,190, up 90.3% on 2012.

To put that into perspective, Google first appeared on the list in 2008 when it was granted just 58 patents putting it at 290th in the IPO’s top 300.”

Event – LES IP & Licensing Basics

IP & Licensing Basics: A One-Day Review

Monday, July 28, 2014 at the Chicago Palmer House.

$25 or $35 for non-member students. Plus all non-member students receive a one year LES student membership

“This one-day course provides a survey of the basics of intellectual property (IP) and licensing.  It builds a practical understanding of core IP and licensing concepts from both the business and legal perspectives.  Each course, taught by both legal and business experts working as a team, is divided into five topics with examples, exercises and interaction between instructors and fellow students.  Topics include: Introduction to IP; Basics of IP Commercialization & Licensing; Determining Reasonable License Fees & Royalty; Managing Risks; and a Licensing Case Study.”