Intellectual Property Owners Association

Friday, February 6, 2015

FEBRUARY 6, 2015

Chairman Goodlatte Holds Press Conference on H.R. 9. Photo Courtesy of House Judiciary Committee

GOODLATTE REINTRODUCES MAJOR U.S. PATENT LITIGATION MEASURE

Yesterday House Judiciary Committee Chairman BOB GOODLATTE (R-Va.) reintroduced his bill to address abusive patent litigation. The new “Innovation Act,” H.R. 9, is identical to H.R. 3309, which passed the House on December 5, 2013. The 60-page bill has 19 original cosponsors, including IP Subcommittee Chairman Darrell Issa (R-Calif.) and Ranking Member Jerrold Nadler (D-N.Y.). A press release on the committee’s website summarizes the bill’s key provisions. A new chart comparing the major provisions to IPO resolutions is posted on the IPO website.

IPO URGES END TO 50-YEAR-OLD RULE AUTOMATICALLY NULLIFYING ALL AGREEMENTS TO PAY ROYALTIES AFTER EXPIRATION OF A PATENT

On Wednesday IPO filed a brief in the U.S. Supreme Court urging it to overrule its 1964 decision in Brulotte v. Thys Co., where the court held that a patent license agreement for payment of royalties accruing after expiration of the patent was not enforceable under any circumstances, even if the parties entered into the agreement voluntarily and without coercion. The case now before the court is Kimble v. Marvel Entertainment, Inc. IPO said the Brulotte rule undermines the basic integrity of contracts. After reviewing more than 100 years of history of antitrust and patent misuse law, IPO concluded the court should replace the Brulotte rule “with a rule of reason approach, as the Court has done with numerous other aspects of antitrust law.” IPO’s brief was drafted by ROBERT TAYLOR of RPT Legal Strategies. IPO President PHILIP JOHNSON and Amicus Brief Committee Chair KEVIN RHODES were on the brief.

ATTEND THE NEW PTO DAY CONFERENCE ON MARCH 10

PTO Day is a one day conference that connects the IP community with the USPTO through educational sessions and networking opportunities. This year the program has a new format, including interview style presentations; mock interviews with examiners; and more interaction between the panelists and audience. The event will also feature more networking opportunities, with longer breaks and a cocktail hour at the end of the conference. Hon. MICHELLE LEE, Deputy Director of the U.S. Patent and Trademark Office will be interviewed by PHIL JOHNSON, Johnson & Johnson, during the luncheon. Moreover, a multiple attendee discount is being offered to those organizations that send more than one employee to the conference. Organizations will receive a $200 discount for each additional employee registered. To view the full program or register, visit www.ipoef.org/pto15.

COPYRIGHT OFFICE RELEASES COMPREHENSIVE MUSIC LICENSING STUDY

Yesterday, the U.S. Copyright Office released “Copyright and the Music Marketplace,” a comprehensive report that details the existing music licensing system and makes recommendations for the future about statutory licenses, performing rights organizations, and protection for pre-1972 sound recordings, among others. The report indicates that music licensing rules are outmoded and “in significant need of reform” and that “the time is ripe to question the existing paradigm for the licensing of musical works and sound recordings and consider meaningful change.” IPO’s Copyright Law and Anti-Piracy Committee will be studying the report.

LAWPLUS JOINS IPO

LawPlus Ltd. of Bangkok, Thailand (primary contact KOWIT SOMWAIYA) has become a law firm member of IPO.

IP IN THE MASS MEDIA

Indian Court Investigating Allegations Xiaomi Violated Terms of Injunction

Yesterday Financial Times reported that an Indian court appointed a special investigator to examine claims Xiaomi defied terms of an injunction barring it from selling products containing parts that are the subject of a pending patent infringement suit with Ericsson.

Op-Ed Says Conditions Right to Pass Patent Legislation

Yesterday The Hill’s “Congress Blog” featured an opinion piece by former Senate Judiciary Committee Senior Counsel AARON COOPER expressing confidence that conditions are right for passage of a patent litigation reform bill in the new Congress.

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