Supreme Court Messes with Texas

The Supreme Court today decided a monumental case in patent law regarding venue, i.e., where a patent plaintiff can file a lawsuit.  TC Heartland LLC v. Kraft Foods Group Brands LLC (May 22, 2017).  For a few decades, the operative venue standard governing where patentees could sue a defendant was 28 U.S.C. 1391(c): ” a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced.”  This broader “personal jurisdiction” standard was promulgated by the Federal Circuit’s interpretation of various Congressional amendments to this statute, which seemed to broaden venue over and above the more specific patent venue statute, 28 U.S.C. 1400(b).

In the case today, the Court discussed the law of venue from the Judiciary Act of 1789 through various Congressional changes to the venue statutes today.  The Court also cited Transmirra Prods. Corp. v. Fourco Glass Co., 233 F. 2d 885 (1956), where the Court expressly stated that the then 1391 statute did not supersede, augment or supplement the standalone 1400 statute, which exclusively governed patent cases.  Thus, the seminal Federal Circuit decision VE Holdings Corp. v. Johnson Gas Appliance Co., 917 F. 2d 1574 (Fed. Cir. 1990), which did just that, is now reversed, reflecting an ongoing trend of CAFC reversals.

The TC Heartland decision will greatly affect plaintiff patentee’s choices as to where to sue a defendant.  Indeed, under 1400(b), a company’s “residence” is their State of Incorporation,  which rather restricts the places to sue.  Plaintiff patentees will thus be less likely to file their infringement actions in the Eastern District of Texas, which over the last two decades or so has morphed into a haven for patentees, i.e., the juries in East Texas generally favor the patent system and patentees, driving the defendant corporations mad.

Time will tell how this new decision, on the backs of so many other Supreme Court narrowings of patent law, will impact the patent system.  Many corporations, desirous of insulating themselves from patent lawsuits, will continue their onslaught, via lobbyists and other means, to further derail the U.S. patent system.

Having practiced in the Great State of Texas (its legal name) many years ago, I can relate a humorous anecdote about the Eastern District courts.  In the 1970s and 1980s, the Texas federal courts, particularly in the Eastern District had specialized in personal injury (PI) cases.  With tort reform, however, these cases and the specialization of these courts became irrelevant.  So, the story goes that the courts there, as a means to perfect another area of specialization, focused on intellectual property, i.e., IP as opposed to PI;)  Perhaps the Eastern District will need to refocus again – with different letter acronyms.

World IP Day 2017 Redux

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The celebration of World Intellectual Property Day at the U.S. Patent & Trademark Office was held on April 26, 2017, where April 26th is the official anniversary date.

After the Chief Policy Officer of the USPTO, Shira Perlmutter, started the event, there where a number of distinguished speakers, including John Sandage, World Intellectual Property Organization (WIPO) Deputy Director General, Patent and Technology Sector, Joseph Ferretti, Vice President and Chief Counsel, Global Trademarks at PepsiCo, Inc. and President of the International Trademark Association (INTA),  Jeanine Hayes, Chief IP Officer of Nike, Inc., and Mario Bollini, Co-founder and Chief Technology Officer, Global Research Innovation and Technology, Inc. (GRIT).  Ms. Hayes demonstrated Nike’s commitment to improving lives with innovation, this year’s WIPD theme, with the latest in Nike technology.  Mr. Bollini then demonstrated his all-terrain Freedom Chair for the disabled.

it was a hard act to follow, but follow I did with my talk on the History of Innovation, with examples of important inventors that improved lives, such as Edison (the light bulb illuminating the night ), Morse (transmission of information faster than horses), various medical innovations, such as that of Raymond Damadian of Fonar (the creator of the magnetic resonance imager) and many other fascinating technologies.

I also talked about the origins of the intellectual property laws and the reasons we have them.  For patent and copyright, our Founders enshrined these rights into the Constitution itself – with the other “rights” set forth in the attachment, The Bill of Rights.  Also, our Founders in essence democratized the U.S. patent system, permitting anyone to file for and obtain a patent.  This was a big change from the systems on the Continent.  George Washington extolled the benefits of a patent system in the First Inaugural Address.  Also, Abraham Lincoln was an avid fan of the patent system and spoke at length about its advantages – equating the importance of the patent system to the founding of the United States.

The above speakers also spoke later at the Senate Hart building, and numerous Congressmen showed up, including Representative Goodlatte of Virginia, with whom I spoke about the importance of the patent system benefiting all Americans, whether individuals, small companies or large corporations.  We both strongly agreed that this was in America’s best interest.  Under his direction, the House of Representatives that day approved by a vote of 378-48 the Register of Copyrights Selection and Accountability Act  (H.R. 1695), which would make the appointment of the Copyright Registrar a Presidential one (instead of the current Librarian of Congress) and for a term of ten years.

I should also add that Senator Coons of Delaware, a staunch supporter of the patent system, also spoke.  His strong advocacy of the patent system is quite welcome to the patent bar and all innovators relying on the patent system.

Celebrate World IP Day! April 26th

Every April 26th is World Intellectual Property Day (WIPD).  This commemorative day was created many years ago by the World IP Organization in Geneva.  As the Chair of the Washington, DC Chapter for the Licensing Executives Society (LES), I have been championing this day for many years at the Chapter.  The intellectual properties, i.e., patent, copyrights, trademarks and trade secrets, are critically important in today’s economy, and I, as an intellectual property attorney, champion my clients in the protection of their various intellectual properties.

The celebration for this year, April 26, 2017, involves the use of Innovation for Improving Lives.

The United States Patent & Trademark Office (USPTO) has graciously invited me to give a talk on this topic, technologies through history that improve lives and also the history of intellectual property.  My part of the program will begin at noon in the Madison Auditorium at the USPTO in Alexandria, Virginia.  I have today confirmed that the event is free and open to the public.

Earlier at 11 AM, however, a number of important people will be presenting, including the Chief Policy Officer of the USPTO, Shira Perlmutter, who will kick off the event. John Sandage, World Intellectual Property Organization (WIPO) Deputy Director General, Patent and Technology Sector, and Joseph Ferretti, Vice President and Chief Counsel, Global Trademarks at PepsiCo, Inc. and President of the International Trademark Association (INTA), will give opening remarks.

Beginning at about 11:15 a.m., two keynote speakers will address this year’s WIPD theme of Innovation: Improving Lives by showcasing technologies brought forward by their respective companies. Jeanine Hayes, Chief IP Officer of Nike, Inc., will present FlyEase technology. Mario Bollini, Co-founder and Chief Technology Officer, Global Research Innovation and Technology, Inc. (GRIT), will demonstrate the all-terrain Freedom Chair for the disabled.

For those in the area, I welcome you to attend.  As noted, the event is open to the public, but is also focused on the Examiner Corps training.  Nonetheless, the speakers and I will be entertaining to all!  Please feel free to email me at vandyke@acm.org if you have any questions.

Ray

Patent Damages Event Recap

As reported, the Greater Washington, DC Chapter of the Licensing Executives Society (LES) had a great Patent Damages Symposium on February 23, 2017.  Here is a link to some pictures from the event:  http://lesusacanada.site-ym.com/blogpost/1326845/269411/Patent-Damages-Symposium

Many thanks to the speakers and host firm, Sidley.

I and the DC Chapter of LES are planning for World IP Day, April 26, 2017, and for the LES Spring meeting here in Washington, DC.  We are planning a shindig for the evening of May 8th in connection with the Spring meeting.  Stay tuned.

Ray Van Dyke

vandyke@acm.org

Patent Damages Symposium in Washington, DC

On February 23, 2017 in Washington, DC, the Licensing Executives Society (www.les.org) is having a Patent Damages Symposium with prominent damages professionals and IP attorneys, including Krista Holt, CEO of GreatBridge Consulting, Inc, Ryan Morris, a partner at Sidley & Austin, Jennifer Vanderhart, PhD Economist and a Principal at Analytics Research Group, Robert L. Vigil, PhD,  Principal  at Analysis Group, Inc., and Raymond Van Dyke, Principal at Van Dyke Law.   We will talk about recent cases affecting patent damages, techniques for patent prosecutors to maximize damages and current trends in damages.

The link is http://www.lesusacanada.org/events/EventDetails.aspx?id=921187&group=160111

This meeting constitutes my additional efforts as the Greater Washington, DC Chapter Chair to promote the organization and otherwise help the IP profession and practitioners with practical programs.  For those in DC, Virginia and Maryland, please feel free to contact me if you have a speaker in mind or a topic that needs addressing. With the eclectic wants of the Greater DC membership, we have seen it all, and welcome more!  For those outside of the DC Metro area, thanks for reading about us!

If you have any suggestions or want to speak when you visit the area in future, please email me.  Conversely, I am open to invitations to speak elsewhere. Ray Van Dyke, 202.379.3903, vandyke@acm.org,  Greater Washington, DC Chapter Chair for LES, and Patent/IP practitioner.  http://www.rayvandyke.com

Copyrights for the Creative Community

For those in the Washington, DC area, I am speaking on the basics of Copyright for authors, videographers, and other artists for the Montgomery County Media group at  Montgomery County Television in Rockville, MD tomorrow, September 13, 2016 starting at 6:30 PM.  The address and to MCM are below:

Montgomery Community Television, Inc.
7548 Standish Place
Rockville, MD 20855

My wife and I have had the privilege of learning studio techniques, producing video, and other studio skills at MCM.  I hope that you can make this talk.

Ray Van Dyke Presentation to the Montgomery County Media organization description:

This lively presentation will cover the basics of copyright law and current issues showing the ongoing transformation of copyright.  Since creativity and copyright go hand-in-hand, this presentation will be both relevant and informative.

Ray Van Dyke is an intellectual property (IP) practitioner in Montgomery County and DC, handling patent, trademark, copyright and other legal matters for his clientele.  He is Co-Chair of the IP Section of the Montgomery County Bar Association, and active in many other IP and technical societies.  He also teaches IP law issues at several institutions, particularly Southern Methodist University, where he is an Adjunct Professor.

Please send me an email to let me know you are coming to the event.  vandyke@acm.org

Ray

The weblink to MCM: http://www.mymcmedia.org/

Beyond the Alice Event Horizon: the spaghettification of software patenting

For anyone interested in learning more about the state of affairs for software patents now two years after the Supreme Court Alice decision, I am giving a free webinar this Thursday, April 13, 2016, at 1 PM EST USA on behalf of the Licensing Executives Society.  The link to register is below.  I wish to thank my friend Sanjay Prasad for this opportunity to speak.

http://www.lesusacanada.org/events/EventDetails.aspx?id=800491&group=160372

As a patent specialist for many years, software to me represents one of the great things about American ingenuity.  Although my practice spans many technologies, the joys of handling these cases has been tempered a bit by Justices’ and legislators’ misguided efforts to thwart one of America’s fortes (and one of our chief exports).

I first wrote code many years ago in Fortran IV, and later got a Masters in Computer Science at the University of North Carolina at Chapel Hill, one of the top schools for that discipline.   At UNC, I also studied under Dr. Frederick Brooks, a preeminent scholar and researcher, before heading off to law school and learning to protect inventions of all sorts. Now, over 25 years later and well over a thousand patents defended and obtained for many clients, there are stories to be told.

My talk will address how we got into this situation where innovation is being frustrated and the patent system is perversely held to blame.

This voyage is free. I hope you sign up and join me, where I will define spaghettification;)

Ray Van Dyke

vandyke@acm.org

(202)378-3903 USA

Ray Van Dyke Teaches Course on Intellectual Property at SMU

Next week at Southern Methodist University in Dallas, Texas, I reprise my course on intellectual property. Excerpts from the course description are set forth below and available online at  http://lyle.smu.edu/~matula/IPIT/

Dr. David Matula and I have taught the class since 2000, and I am honored to teach the class again on January 15 and 16, 2016. The Course is open to everyone and I hope to see those that can attend next week. Engineers, scientists, corporate and business people, faculty and students have praised the class, and 2016 will be no exception! My presentation includes all the basics on IP, current developments, and purposes of IP to our society (and the past).  For beginners, the class is a lively introduction to IP.  For those with some knowledge of IP, the materials offer a refresher with recent case law.

I hope to see you there!

Ray, vandyke@acm.org

COURSE DESCRIPTION

What is intellectual property? Why should I patent my innovation? How do I draft my claims?  This course will address the importance of technology and intellectual property in America, the fundamentals of patent, copyright, trademark and trade secrets for the lay person, and the real world application of those rights.

Fair use, open source, and alternatives will be described and interpreted.

Current developments and changes are also covered. In particular, the America Invents Act of 2011, the most monumental change to patent law since 1836, will also be discussed, and the significant effects on universities, small inventors and companies highlighted. Supreme Court, Legislation and other developments that affect these rights will also be covered in this popular and engaging presentation.

TOPICS TO BE COVERED BY THE COURSE INCLUDE:

  • History and Philosophy of Intellectual Property Rights and their role in the information age
  • Intellectual property’s impact on information system design and development
  • The inventor’s role in recognizing and protecting a patentable idea
  • Analysis of ground breaking industry patents
  • Impact of Emerging Technologies on Intellectual Property

DETAILS ON LOCATION AND CREDIT

Computer Science & Engineering Department

Bobby B. Lyle School of Engineering
Presents

 16th Annual Short Course on Intellectual Property and Information Technology

January 15 & 16, 2016:  Friday 9:am-5:pm, Saturday 9:am-1:pm

Palmer Conference Center for Engineering Leadership

Caruth Hall, Rm. 406

3145 Dyer Street, Dallas, TX  75205

Short course fee:  $200 (group rates available)

SMU Students:  Credit – one hour:  Register for CSE 5111/7111

Non-credit complimentary SMU student registration available (contact beth@lyle.smu.edu)

Any remaining questions? Contact me at vandyke@acm.org or visit my webpage at http://www.rayvandyke.com

Ray Van Dyke teaching a Class on Patent Law

 

As noted, as Co-Chair of the Intellectual Property Section for the Bar Association of Montgomery County (BAMC), I am pleased to report that the IP Section is having a continuing series of presentations on the fundamentals of intellectual property law  at the Bar headquarters in Rockville, Maryland.  See: http://montbar.site-ym.com/?62

With the increasing value of intellectual property in today’s economy, as well as the ongoing controversies, non-IP professionals, whether attorneys, scientists, business people, and interested citizens, all want to better understand the workings of these legal principles and tools. The first meeting was an overview of all IP rights.

The next meeting, December 1, 2015, will address the current issues and controversies involving patents, e.g., the so-called troll movement and ongoing legislative efforts in that regard.  At the last meeting, on November 11, 2015, the basics of patents were discussed, along with the historical and societal underminings of patents in society, partoicularly in the United States with the strong support of George Washington, Thomas Jefferson, James Madison, Alexander Hamilton and other Founders, as well as Abraham Lincoln, a President well-versed in technology and greatly appreciative of the American system of patent law and the advantages accorded.  Sadly, many of those advantages are being undermined by the rash of legislation, including the AIA.

Copyrights, trademarks and trade secrets will be covered in 2016.

As the speaker, I can say that the material will cover not only the law, but will include anecdotes about famous cases and inventors, putting the material into the context of the times.  My materials have been collected and coalesced over the last 16 years as part of an in-depth course I teach at SMU to engineers, business people, teachers, students and other interested parties.

If anyone has any questions about the course and these meetings, please do not hesitate to contact me.

For attendees, I require an RSVP so that I can gauge the audience and handle logistics. So, if learning a little about IP law is of interest, this series of presentations will do the trick. I look forward to meeting you there!

Ray Van Dyke, Co-Chair, Intellectual Property Section, BAMC

202.378.3903  vandyke@acm.org

Dale Lazar Speaks of Alice and 101 Challenges to DC LES CHAPTER

As noted earlier, I wrote a blog piece on the Alice decision, Alice Doesn’t Patent Here Anymore,  https://rayvandyke.com/posts/. Thanks to those who read it..  On November 18, 2015 in Washington, DC, the Licensing Executives Society (www.les.org) is again having prominent IP attorney and my friend Dale Lazar talk about the impact of Alice and what practitioners can do in the face of this ongoing tragedy.

The link is http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/november-18-2015-washington-dc-chapter-meeting 

This meeting constitutes my additional efforts as the Greater Washington, DC Chapter Chair to promote the organization and otherwise help the IP profession and practitioners with practical programs – here for patent prosecutors.  For those in DC, Virginia and Maryland, please feel free to contact me if you have a speaker in mind or a topic that needs addressing. With the eclectic wants of the Greater DC membership, we have seen it all, and welcome more!

Next month,  on December 17, at the LES Chapter Holiday party in DC, Senior Group Patent Counsel, Stanley Black & Decker, Inc. will talk of settlement techniques he has developed in this age of questionable patent validity.  http://www.lesusacanada.org/chapters/usa/washington-dc-chapter/october-21-2015-washington-dc-chapter-meeting

For those outside of the DC Metro area, thanks for reading about us!  If you have any suggestions or want to speak when you visit the area in future, please email me.  Conversely, I am open to invitations to speak elsewhere.

Ray Van Dyke, 202.379.3903, vandyke@acm.org

Greater Washington, DC Chapter Chair for LES,

And Patent/IP practitioner.  www.rayvandyke.com