Joe Sommer

VP, Intellectual Property, High Tech Patents at AT&T, I enjoy sailing in the NYC harbor

[Joe Sommer @SommerTime44]

With bankruptcies increasing due to #COVID19, lawyers are fielding questions from clients regarding what happens to #IP if they file #bankruptcy. For instance, a non-debtor licensor cannot terminate a debtor licensee’s right to use IP needed to operate. https://t.co/Y0TRMcFg38

[Joe Sommer @SommerTime44]

An interview with a #PatentExaminer can be helpful to #patent seekers. Avoid a dry presentation of exactly what's on your application. Translate the technical jargon into layman's terms and emphasize the big picture rather than tiny details. https://t.co/NCVs47AqiL

[Joe Sommer @SommerTime44]

In "Elec. Commc’n Techs-, LLC v. ShoppersChoice-com, LLC," the Fed Circuit vacated and remanded district’s denial of attorney’s fees to an accused infringer, finding that district didn't rightly consider the #patent owner’s mode of litigation and history. https://t.co/HGb8BNq1vM

[Joe Sommer @SommerTime44]

Kilpatrick Townsend’s Rodney Rothwell offers some advice on evaluating AI patentability. #AI is still a relatively new field, but it is becoming more widely used, so you should evaluate for any #obviousness along with a thorough #patentability search. https://t.co/X8YFiwhEKZ

[Joe Sommer @SommerTime44]

#USPTO's new “Fast-Track Appeals Pilot Program” was created to help advance applications during the ex parte appeals process before the #PTAB. The stated goal is to reach a decision on the appeal within 6 months. https://t.co/VKgA3vob3u

[Joe Sommer @SommerTime44]

In Fitbit Inc. v. Valencell Inc-, the Fed Circuit vacated on appeal some of #PTAB's findings. The Fed said that PTAB may not end an #obviousness inquiry without evaluating #patentability in view of the asserted obviousness grounds. https://t.co/l7CtWeQtjX

[Joe Sommer @SommerTime44]

#USPTO released final rules concerning how #PTA is calculated in view of Supernus Pharms-, Inc. v. Iancu. The rule changes show that PTA deductions should not be inclusive of the time period during which the applicant was unable to take action. https://t.co/z15Vu3xBh3

[Joe Sommer @SommerTime44]

The U-S. Supreme Court ruled in USPTO et al. v. Booking-com B-V. that adding “.com” to the end of an otherwise generic name can render that name descriptive and potentially protectable as a #trademark. The 8-1 decision resolved a circuit split. https://t.co/VgcqyQ3vVY

[Joe Sommer @SommerTime44]

If I attribute a song or book to its author when I use it on my website, it’s okay to use the material, right? No, you may have committed copyright infringement and may be subject to legal action and possible monetary damages. Learn more here. https://t.co/0QpEho9CTF

[Joe Sommer @SommerTime44]

USPTO granted a #COVID19 extension. For #patents whose 12-month time period ended between March 27 and July 30, 2020, the #USPTO will permit the two-month time period to run until the later of July 31, 2020, or the two-month period expiration . https://t.co/VAAdA2bAMd

[Joe Sommer @SommerTime44]

Recent research shows the positive power of #patents. Patenting strategies seem to have enabled innovators in emerging-market economies to monetize R&D investments by supplying critical inputs to global technology markets. Details here. https://t.co/MCtFOe0D3l

[Joe Sommer @SommerTime44]

#COVID19 has presented challenges for #patent attorneys. Specialized software is needed to present exhibits remotely, and the backlog of criminal cases has put civil cases even further behind. On the other hand, they've had less traveling. https://t.co/QiTFAxqPjC

[Joe Sommer @SommerTime44]

Imagine a world where #AI have equal status as #inventors. No company would own the rights associated with an AI’s inventions. So, could an AI enter into a legally-binding assignment agreement with another entity? Here are some issues that might arise. https://t.co/DDPpGRGhpi

[Joe Sommer @SommerTime44]

The institution rate of #IPRs has fallen from a high of over 87% in 2013 to only 55% so far in 2020, according to #PTAB. The recent and dramatic increase in the rate of discretionary denials under 35 U-S.C. §314(a) appears to be the cause. https://t.co/qoGLG3StMj

[Joe Sommer @SommerTime44]

The Ninth Circuit upheld the original verdict when it saw an appeal case by the creator of the Moodsters. She claims her #copyright was infringed by the Disney movie "Inside Out." The court ruled the characters weren't copyrightable. Details here. https://t.co/4VvAP7NzTK

[Joe Sommer @SommerTime44]

The Fed Circuit vacated the district’s summary judgment of non-enablement; the systems identified by #patent challengers as non-enabled under § 112 were not covered by the claims. More proof that it's vital to first properly interpret the claims. https://t.co/uFDnOkmKhB

[Joe Sommer @SommerTime44]

More than 200 #trademark applications have been filed since early March for variations on the words “coronavirus,” “COVID-19,” “pandemic,” and “shelter-in-place.” The prosecution of the applications may last longer than the pandemic. https://t.co/DOEHfEyYr2

[Joe Sommer @SommerTime44]

Trading in #IP is more cost effective than with tangible property rights. Firms specializing in a cure for #COVID19 can benefit from this knowledge. An IP valuation can help a firm save costs, increase returns, and enhance its technology strategy. https://t.co/xavgd5etDd

[Joe Sommer @SommerTime44]

Oregon's District Court granted Nike’s motion dismissing NBA star Kawhi Leonard’s claims that he rightfully owned “The Claw” logo. He had claimed it was derivative of his drawing and ineligible for protection as stipulated in his contract. #IP https://t.co/MztvvmoOGb

[Joe Sommer @SommerTime44]

Recently, the US District Court of the Southern District of New York issued rulings regarding the depiction of "real world" content in digital environments. Game publishers won decisions in both cases. Details here. #IP https://t.co/E4d9kw1kUH