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Category Archives: Technology News & Events

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Major Record Labels file Copyright Suit Against YouTube-MP3.org

Posted in E-Commerce, E-Commerce (Internet Agreements and Issues), Technology News & Events

YouTube is a well-known video sharing website that allows users to view, upload, share, rate, and comment on videos.  Generally, the user streaming the video from YouTube cannot download, copy, or save the video. Stream ripping allows users to save streamed media from websites, such as YouTube.  YouTube-MP3.org provides an online stream ripping service that… Continue Reading

USPTO Cancer Immunotherapy Pilot Program

Posted in Cancer Immunotherapy, Patent Counseling & Strategies, Technology News & Events

In July 2016, the USPTO launched the Cancer Immunotherapy Pilot Program to provide a fast-track review for cancer immunotherapy-related patent applications without the need for applicants to pay a petition fee.  Under this program, patent applications pertaining to cancer immunotherapy are advanced out of turn for examination, resulting in accelerated review. The program aims to… Continue Reading

Unitary Patents, the Unified Patent Court, Opt-Out Timing, Pros and Cons

Posted in Biotechnology, Development & Commercialization of Technology, Intellectual Property Litigation, Nanotechnology, Patent Counseling & Strategies, Technology News & Events

Regardless of the June 23, 2016 vote on Brexit, all owners of European patents, and all applicants seeking patents in Europe, will have both new options, and a new set of important decisions to make.  Most commentators anticipate that the Unitary Patents (UPs) and the Unified Patent Court (UPC) will come into effect and patentees… Continue Reading

Beware of IP Scams-Invention Development

Posted in Development & Commercialization of Technology, IP Counseling and Strategies, Technology News & Events, Technology Transactions

Information about patent and trademark applications, processes and maintenance requirements is much more accessible to the public than it used to be.  In particular, the United States Patent and Trademark Office (USPTO) has very good information available (www.uspto.gov).  Surprisingly, patent attorneys continue to find the same faulty understandings and confusion about the patent and trademark… Continue Reading

Adam Carolla Gets It On with Personal Audio Settlement

Posted in E-Commerce (Internet Agreements and Issues), Intellectual Property Litigation, Technology News & Events

As part of their settlement, Adam Carolla and Personal Audio LLC agreed to not make any public statements concerning their patent infringement lawsuit until September 30th.[1]  On Wednesday’s podcast, Adam Carolla and Mike August, a former attorney, discussed the lawsuit and the settlement that was reached between Carolla and Personal Audio.[2] Personal Audio had filed… Continue Reading

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

Posted in Biotechnology, Development & Commercialization of Technology, IP Counseling and Strategies, Technology News & Events, Technology Transactions

Forwarded by Robert Shaddox from the article of the same title. U.S. Patent & Trademark Office (08/26/14) The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The roadshow events, which… Continue Reading

Board Oversight of Cybersecurity

Posted in Biotechnology, Nanotechnology, Technology News & Events

 Cyber-attacks on U.S. companies have increased over recent years resulting in significant costs to companies.  According to surveys, U.S. companies have experienced a 42% increase between 2011 and 2012 in the number of cyber-attacks they experienced per week[1] and the average annualized cost of cyber-attacks for various U.S. companies surveyed in 2013 was $11.56 million,… Continue Reading

Personal Audio No Longer Trolling Adam Carolla

Posted in Intellectual Property Litigation, Technology News & Events

Adam Carolla has reportedly settled the lawsuit that was filed against him by Personal Audio LLC.[1]  The Agreed Motion to Dismiss Claims is available for review, but the specific terms of the settlement have not been disclosed—the parties have agreed to not make any public statements concerning the litigation until September 30th.[2]  Nonetheless, there are… Continue Reading

Reviewing Potential Investments With Your Clients

Posted in Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

On August 4, 2014, the SEC issued an Investor Alert citing 10 Red Flags that should give investors an indication that an unregistered offering may be a scam.  If you are considering an investment in an unregistered offering or you are advising a client who is considering such an offering, you should consider the following… Continue Reading

Is Your Purchaser Accredited? Clarifications from the SEC

Posted in Technology News & Events, Technology Transactions

Under Rule 506(c), companies can now engage in a general solicitation in conducting private placements but if they do so, they must verify that each purchaser is accredited.  The SEC has provided some safe harbors for verification and will also allow “principles based verification” if the verification is adequate.  On July 3, 2014, the SEC… Continue Reading

The Cost of Defending Against Patent Trolls

Posted in Intellectual Property Litigation, Technology News & Events

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls[1]—is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the patent troll Personal Audio, LLC, Adam Carolla has currently raised over $445,000 dollars towards litigation through the crowdfunding website FundAnything.com.[2] Yet, unless Personal… Continue Reading

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Posted in Intellectual Property Litigation, IP Counseling and Strategies, Technology News & Events, Technology Transactions

 Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” [1] For the past nine years, that statute has not often been applied as a result of the Federal Circuits’ decision in Brooks Furniture, which requires the prevailing party in a patent infringement action seeking attorney’s fees establish… Continue Reading

Financing with IP Collateral

Posted in Biotechnology, Development & Commercialization of Technology, Nanotechnology, Patent Counseling & Strategies, Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

In a recent guest post on the Patently-O blog by Dennis Crouch, http://patentlyo.com/, William Mann, an assistant professor of finance at the Anderson School of Management, UCLA, notes the explosion in USPTO filings that record a creditor’s security interest in a patent.  Secured debt can be a significant source of financing for many technology companies,… Continue Reading

API Protection Under Copyright Is Upheld by Federal Circuit

Posted in Development & Commercialization of Technology, E-Commerce (Internet Agreements and Issues), Intellectual Property, Technology News & Events, Technology Transactions, Uncategorized

There has been a lingering, divisive question in the software industry as to whether application programming interfaces (APIs) are entitled to copyright subject matter protection.  Critics argue that this type of source code is functional in nature and, as such, should not be protected by copyright. However, in Oracle America, Inc. v. Google, Inc., CAFA… Continue Reading

Crowdfunding in Texas – When?

Posted in Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

The Texas intrastate crowdfunding rules were adopted in April and the Texas Securities Board will consider comments to the rules through the end of June (even though the official deadline for comments is June 8th).  The matter will be considered at the next Board meeting which is expected to occur in August.  If there are… Continue Reading

Crowdfunding: It’s Coming to Texas

Posted in Development & Commercialization of Technology, Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

In late April, the Texas Securities Board issued proposed regulations that would allow crowdfunding in intrastate transactions in Texas.  The word on the street is that the proposed regulations will become final in August 2014.  If they do, Texas will become the 8th  and the largest state to enact intrastate crowdfunding. Under the proposed regulations,… Continue Reading

Protection against Business and Legal Risks from the iPhone 5s Security Vulnerabilities

Posted in Employment & Personnel Issues, Technology News & Events

The iPhone 5s debuted with a list of new features designed to enhance its users’ experience.[1]  Among the list is Touch ID, a form of biometric security that allows users to lock and unlock their iPhone with their fingerprint.[2]  It was not long before a crowd-funded competition was initiated with $16,000 in cash and prizes… Continue Reading

The Adam Carolla Show v. Patent Trolls

Posted in E-Commerce (Internet Agreements and Issues), Intellectual Property Litigation, Technology News & Events, Technology Transactions

The Adam Carolla Show was sued last year in the Eastern District of Texas by a company claiming that Carolla’s podcasts violate their patent.  Rather than bend over and settle out of court with the claimant, Adam Carolla has taken a stance against the so-called patent troll. Earlier this year, Julie Samuels made an appearance… Continue Reading

Intellectual Capital Development for Technology Companies, Cost Effective Adjunct to IP

Posted in Biotechnology, Development & Commercialization of Technology, Employment & Personnel Issues, Intellectual Property Litigation, Nanotechnology, Patent Counseling & Strategies, Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

 The term Intellectual Capital means different things to different people even in the technology space.  For business planning purposes, intellectual capital should be recognized as more than patents, copyrights, and other forms of intellectual property, extending broadly to employee skills, knowledge, and problem solving abilities.  This is sometimes referred to as a company’s or its… Continue Reading

Adam Carolla Refusing to Feed the Trolls

Posted in Intellectual Property Litigation, Technology News & Events, Uncategorized, Venture Capital, Private Equity and Other Financings

The WinTech blog previously covered a patent infringement lawsuit filed against the “Adam Carolla Show” from ACE Broadcasting Network, LLC.[1]  The plaintiff, Personal Audio, LLC, alleges that the “Adam Carolla Show” is infringing on their patent for a “[s]ystem for disseminating media content representing episodes in a serialized sequence.”[2]  The patent could also be interpreted… Continue Reading

SEC to Vote on Crowdfunding Proposal to Ease Investor Verification Requirements

Posted in Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

        On October 23, 2013, the United States Securities and Exchange Commission (the “SEC”) is expected to vote on a SEC proposal that would ease investor verification requirements under the crowdfunding rule. The crowdfunding rule, authorized as part of the 2012 Jumpstart Our Business Startups Act, is intended to benefit small businesses and startups too… Continue Reading

START-UP STUDIOS – ANOTHER PATH FOR ENTREPRENEURS

Posted in Development & Commercialization of Technology, Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other Financings

One of the most rewarding aspects of practicing corporate law is the opportunity to represent a business from start-up to successful liquidity event.   While a business will face challenges throughout this life-cycle, some of the most important come at the beginning when an entrepreneur is trying to get his or her company off the ground. … Continue Reading

Pirates, or Freedom Fighters on the Electronic Frontier, Copyright Changes for the Digital Age?

Posted in Development & Commercialization of Technology, E-Commerce, Employment & Personnel Issues, Intellectual Property Litigation, Technology News & Events, Technology Transactions

The U.S. Patent and Trademark Office (USPTO) announced this month that they will be engaging with stakeholders through public comments and roundtables to study a variety of policy issues highlighted in the Department of Commerce’s Internet Policy Task Force (IPTF or Task Force) Green Paper, titled “Copyright Policy, Creativity, and Innovation in the Digital Economy.”… Continue Reading