Andrew Schrafel

In my experience, nothing good usually comes out of Congress when they decide to tinker with patent law. Yet, in a rare twist, the Patent Eligibility Restoration Act is right on the money. This bill aims to reverse the trend of overly broad judicial exclusions of subject matter from patent eligibility, restoring innovation's rightful place in our legal system. A recent article on Patently-O (see link below) notes the importance of this act and how it would counteract decisions like Mayo, Myriad, and Alice, which have unduly limited patent eligibility in the life sciences and tech sectors. As noted by the article, the Act represents "a broad expansion of patent eligibility—particularly for diagnostics, software, and natural products," potentially unlocking a new era of innovation. Unfortunately, the chance of it passing in this political climate is slim, making it feel like another missed opportunity for meaningful change in the IP space. #PatentLaw #USPatentLaw #PERA #USPatent #Patent #USPTO #USLegislation #TechLawyer

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This is an interesting case. Here, the Court found that minority shareholders did not have the ability to enforce trademark infringement when the majority shareholder's name was part of the trademark and he used the same name in other trademarks. IMHO, this feels like the right opinion based on IP Law. Investors should have tied up IP rights by preventing the majority owner from using his name for other ventures. What are your thoughts? #UStrademarklaw #trademarks #IP #IPRights #techlawyer https://lnkd.in/gVuvSmut

I recall being fascinated by mimeograph machines growing up. In a new Patently-O post I talk through the Supreme Court's 1912 mimeograph decision of Henry v. A.B. Dick permitting a patent infringement case based upon violation of post-sale use restrictions; and the subsequent 1917 Motion Picture Patents case reversing course. Many of the same issues were faced again 100 years later by the Supreme Court in another printer ink case, Impression Prods v. Lexmark. In that case, the Supreme Court echoed the logic of Motion Picture Patents to rule that all patent rights in a product are exhausted upon sale, regardless of any post-sale restrictions. An important key to the early tying cases was a heightened focus on precise claim drafting to define the metes and bounds of the patent grant. Under the precedent, the patent claims define the scope of the proper legal monopoly. Careful claim drafting became critical to securing rightful monopoly rights while avoiding antitrust issues. https://lnkd.in/eDTudt2U

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The USPTO has proposed a new rule that could significantly impact inventors seeking patent protection. The proposal introduces a steeply graduated fee system for terminal disclaimers, which are used to address non-statutory double patenting issues. While the USPTO argues that this change will make the patent examination process more efficient, it could also impose higher fees on inventors, potentially hindering innovation. As a patent practitioner, I am concerned that these changes may disproportionately impact individual inventors, small businesses, and non-profits, who are already navigating high costs in securing patent protections. The proposed fee increases seem unnecessary, especially since patent examiners can issue 103 rejections at a time. It's important for all players in the innovation ecosystem, large and small, to have access to the patent system. I encourage others in the community to voice their concerns during the public comment period. Let's ensure that the patent system continues to support innovation for all. #USPTO #Patents #USPatent #USPatentProsecution #TechLawyer Source: https://lnkd.in/grAvbiZz

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Tariffs give three choices. First, the manufacturer lowers price by the amount of the tariff. Second, the importer pays the tariffs and doesn't pass the amount paid onto the consumer. Third, the importer passes the tariff it had to pay onto the consumer. in Trump’s Trump’s first term his tariffs were largely passed by the importer onto the consumer. So the harm is passed to the consumer who pays higher prices or buys inferior or more expensive local products, #tariffs #consumers https://lnkd.in/geS5RUTV

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“China has signalled it will retaliate against trade barriers introduced by the US and the EU as it launched an anti-dumping probe into chemical imports. The Ministry of Commerce announced on Sunday that it is probing imports of polyoxymethylene copolymer, a thermoplastic widely used in the consumer electronics and automotive industries, from the EU, the US, Japan and Taiwan. Beijing’s move suggests it will take tit-for-tat action against foreign trade barriers, but the narrow investigation into chemicals also highlights the limits on its ability to respond, given the huge trade surpluses it runs with the US and EU. Its action came after the Biden administration this week unveiled a raft of tariffs on Chinese goods including clean energy technologies and computer chips. The most striking was a quadrupling of tariffs on electric vehicles to 100 per cent, aimed at preventing players such as BYD and Nio from gaining a foothold in the US automotive industry.” “The White House said $18bn of goods in ‘strategic sectors’ would be affected by the tariff rises, claiming they would give US companies time to catch up with Chinese rivals in clean energy technology. In response, China vowed to take ‘resolute measures to defend its rights and interests’ The tit-for-tat action follows a pattern established during the Trump presidency, where Washington introduced tariffs on a wide range of Chinese imports and Beijing responded with targeted action on a narrower range of goods. Beijing’s probe into the chemical imports will take a year, but could be extended by six months, the commerce ministry said. The investigation follows a number of probes by the EU into Chinese government subsidies for manufacturing. Brussels began an anti-subsidy investigation into Chinese electric vehicles in October, amid accusations that Beijing was supporting the industry with huge state subsidies and flooding the European market with cheap EVs.” “The investigation will determine whether Beijing’s policies have ‘caused economic injury’ to European manufacturers. Chinese-made electric vehicles are forecast to make up a quarter of all battery car sales in the EU this year, up from 19.5 per cent last year, according to analysis from policy group Transport & Environment. Beijing’s announcement comes ahead of a July 4 deadline for the European Commission to decide on whether it will impose provisional tariffs or quotas on Chinese EVs. The European Commission said on Sunday that it will ‘carefully study the contents’ of Beijing’s investigation into the chemical imports ‘before deciding on next steps’. In April, the EU initiated probes into two Chinese solar panel manufacturers that it accused of benefiting from market-distorting subsidies. The European solar industry blames Chinese rivals for undercutting them on price, resulting in huge losses and several plant closures across the continent.”

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The Federal Circuit's Rule 36 practice of issuing summary affirmances without opinion in a significant number of patent cases, like ParkerVision v. TCL, has sparked debate. This practice, backed by multiple amicus briefs, raises concerns about judicial transparency, due process, and statutory compliance. Courts play a vital role in providing written explanations for decisions to ensure accountability, facilitate meaningful appellate review, and establish legal precedent. However, the Rule 36 practice bypasses this crucial aspect, leaving parties and the public uninformed. The implications are profound: - Statutory Violation: ParkerVision contends that 35 U.S.C. § 144 mandates the Federal Circuit to issue opinions in appeals from the USPTO. - Transparency & Precedent: The absence of opinions leaves practitioners and inventors without clear insights into the court's interpretation of patent law, creating ambiguity in a field reliant on precise guidance. - National Security Concerns: Amicus briefs underscore how this lack of transparency could impact U.S. innovation, especially in pivotal technology sectors like wireless communications, where foreign entities might exploit patent vulnerabilities. Beyond individual cases, the Federal Circuit's reliance on Rule 36 hampers Supreme Court scrutiny by concealing the legal rationale behind rulings. This opacity affects inventors, businesses, and policymakers and undermines confidence in a system designed to safeguard innovation and economic progress. #PatentLaw #DueProcess #Rule36 #IP #Innovation #USLaw #TechLawyer

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China 301 Duties Projected into the Next Administration Between 2018 and 2020, the U.S. tariffs under section 301 of the Trade Act of 1974 imposed to retaliate against Chinese practices affecting U.S. intellectual property were popularly referred to as the "Trump Tariffs." But for the next nearly 4 years, the tariffs were kept in place by his successor, and therefore could rightfully have been called the "Biden Tariffs." (It is amazing that two so disparate ideologies could agree on anything, yet here they have found common ground). On September 13, 2024, the USTR announced the finalization of actions against China as the culmination of a Four Year Review required by law in response to at least one requesting party for such review to prevent the sun-setting of the China 301 tariffs. The results include the imposition of 301 duties on face masks, medical gloves, syringes and needles which "enjoyed" exclusions from the tariffs during the Covid pandemic. According to the USTR's press release, and the related Federal Register notice, the USTR will recognize an exclusion for enteral syringes. The notice includes a proposal regarding coverage of additional tungsten, wafers, and polysilicon tariff lines; an exclusion for ship-to-shore cranes ordered prior to May 14, 2024; and an expansion of the scope of the machinery exclusions process to include five additional tariff lines; and modification of the coverage of proposed exclusions for solar manufacturing equipment. With respect to tariff increases, (and apologies for the bloc listing of the affected items due to space constraints), the President directed increases on the following products: • Battery parts (non-lithium-ion batteries) – Increase rate to 25% in 2024 • Electric vehicles – Increase rate to 100% in 2024 • Facemasks – Increase rate to no less than 25% in 2024 • Lithium-ion electrical vehicle batteries – Increase rate to 25% in 2024 • Lithium-ion non-electrical vehicle batteries – Increase rate to 25% in 2026 • Medical gloves – Increase rate to no less than 25% in 2026 • Natural graphite – Increase rate to 25% in 2026 • Other critical minerals – Increase rate to 25% in 2024 • Permanent magnets – Increase rate to 25% in 2026 • Semiconductors – Increase rate to 50% in 2025 • Ship-to-shore cranes – Increase rate to 25% in 2024 • Solar cells (whether or not assembled into modules) – Increase rate to 50% in 2024 • Steel and aluminum products – Increase rate to 25% in 2024 • Syringes and needles – Increase rate to no less than 50% in 2024 .

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These strings of letters don’t meet the basic definition of a trademark. A trademark must be used “to identify and distinguish” goods or services. These strings of letters are indistinguishable; they don’t aid the consumer in identifying a particular producer.

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NEW: Analysis by IFI CLAIMS Patent Services shows NVIDIA is going for quality not quantity with #AI chip patents. IFI - a world leader in patent data - has released its new report into semiconductors. Ronald W. Kratz, CEO of IFI CLAIMS, says: "Patents hold important clues that can help investors decide whether or not a company deserves a place in the investment portfolio. Our analysis shows that some companies’ patent portfolios – such as in this case, Nvidia – need to be judged from several angles, leading to deeper insights." 🔗 Find out more at the Digital Science News Room: https://ow.ly/MaPy50TsUvQ 🔗 See the full report at the IFI website: https://ow.ly/k9uW50TsXOh NVIDIA AI #ArtificialIntelligence #semiconductor #semiconductors #patent #patents #PatentData #GenAI #GenerativeAI #ChatGPT

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Looking more and more like the trade war pre 1914 which led to the shooting war. Then, as now, most were surprised a real war eventuated. "China on Thursday singled out dozens of companies from the United States, including Raytheon, Boeing and Lockheed Martin, in a series of punitive trade measures that could ratchet up tensions between the two superpowers. With weeks to go before President-elect Donald J. Trump takes the office with a promise to impose new tariffs and sanctions on China, Beijing is once again showing it is ready to strike back. China’s Ministry of Commerce said it added 28 companies to an export control list to “safeguard national security and interests.” It also banned the export of so-called dual-use items, which have both civilian and military applications, to those companies. And it placed 10 companies on what it calls an “unreliable entities list” related to the sale of arms to Taiwan, preventing them from doing any business in China and prohibiting their executives from entering or living in the country." (Copyright, Subscription Required) #uschinatradewar #china #us #tradewars China Hits Dozens of U.S. Companies With Trade Controls https://lnkd.in/grSuyvFK

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Admissability of Rap Lyrics in Criminal Trials https://lnkd.in/gq8d2Pmw <a href=""> - Younger Thug, a distinguished rapper, is at present on trial in Auckland, two years after being arrested for racketeering and gang-related fees. His high-profile trial—which started in November and is predicted to final a number of extra months—is already the longest in Georgia historical past. The trial has been marred with prolonged delays and issues, partly as a result of prosecutors need to use Younger Thug’s rap lyrics as proof that he led a legal road gang chargeable for murders, shootings, and carjackings relationship again to 2012. defense lawyers, in the meantime, argue that his lyrics are inventive expression protected by the First Modification and shouldn’t be used as proof. Up to now, prosecutors have had some success in getting Younger Thug’s lyrics in entrance of the jury, however solely time will inform how a lot weight this proof will carry within the last verdict. The case has sparked a broader debate concerning the intersection of artwork and legislation, with many within the music trade and civil rights teams watching intently. They argue that utilizing rap lyrics in legal trials as proof units a harmful precedent that would stifle artistic expression and disproportionately affect artists from marginalized communities. Because the trial progresses, it stays a pivotal second not just for Younger Thug but in addition for the broader dialog about free speech and the legal justice system. On this article, the lawyers at Varghese Summersett talk about the case and the controversy and arguments surrounding the usage of rap lyrics as proof in legal trials and prosecutions in the USA. Background On Younger Thug’s Criminal Costs On Could 9, 2022, Younger Thug, whose actual identify is Jeffery Lamar Williams, and 27 alleged members of the road legal gang, Younger Slime Life (YSL), have been arrested for conspiring to violate Georgia’s Racketeer Influenced and Corrupt Organizations Act (RICO) and collaborating in legal road gang exercise. The 88-page indictment accused Younger Thug of co-founding and main YSL, which prosecutors allege is a gang affiliated with the Bloods. Prosecutors additionally allege that YSL – the acronym for the rapper’s label, Younger Stoner Life Information – additionally stands for “Younger Slime Life” gang. Particular fees in opposition to Younger Thug embody renting a automobile utilized in a 2015 homicide, possession of unlawful drugs and firearms, and extra fees stemming from a raid on his Buckhead house. A complete of 28 individuals, together with Younger Thug, have been charged in a 56-count indictment associated to YSL’s alleged legal actions. Different co-defendants embody: Gunna, whose actual identify is Sergio Kitchens, and Slimelife Shawty, whose identify is Wunnie Lee, have been each charged with one depend of racketeering conspi...

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U.S. Senate's Permanent Subcommittee on Investigations Releases Report Critical of BIS Export Enforcement The U.S. Senate's Permanent Subcommittee on Investigations has released a report critical of the enforcement of semiconductor export controls by the U.S. Department of Commerce's Bureau of Industry and Security (BIS). The Subcommittee ) initiated an inquiry in September 2023 to better understand why U.S. semiconductor export controls have continued to fail. The Subcommittee initially focused its inquiry on four U.S.-based semiconductor manufacturers whose products have consistently been discovered in Russian weapons: Advanced Micro Devices Inc. ("AMD"), Analog Devices Inc. ("Analog Devices"), Intel Corporation ("Intel"), and Texas Instruments Inc. ("Texas Instruments"). On September 10, 2024, the Subcommittee's majority staff released the first report in the Subcommittee's investigation, explaining how U.S. semiconductor manufacturers' export control compliance efforts have been abjectly lacking. In addition to examining the compliance programs at Analog Devices, Intel, Texas Instruments, AMD, and in the U.S. semiconductor manufacturing industry more broadly, the Subcommittee also considered the role of government enforcement in the effectiveness of U.S. export controls. The Subcommittee's inquiry has revealed that enforcement of export controls is a shadow of what it should be, and inadequate at every level. BIS is asked to fulfill a key national security function on a shoestring budget, forcing it to trace increasingly sophisticated distribution networks while relying on laughable technology that has not been meaningfully updated for nearly two decades. But, even with these constraints, the Subcommittee found that BIS's enforcement efforts have been inadequate. According to the report, BIS has largely left the decision of how to comply with the law to semiconductor companies themselves, imposing no requirements for specific components an export control program must contain and mandating no meaningful outside review of semiconductor companies' export control programs. Even when violations are present, BIS has not charged companies with sufficiently serious violations or imposed fines sufficiently robust to compel better compliance. This report recommends that: (1) Congress should provide BIS adequate funding to manage its increased workload and responsibilities. (2) BIS should accelerate plans to impose higher fines on companies who violate export controls. (3) BIS should charge companies with "knowing" violations when they fail to sufficiently investigate red flags or other strong indicia of potential diversion and violations occur. (4) BIS should rely less on voluntary compliance from semiconductor companies and instead mandate specific components an export control compliance program must contain. (5) BIS should require periodic, routine reviews of semiconductor companies' export control plans by outside entities. 

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