The much anticipated release of the game “No Man’s Sky” can proceed now without further delay as British Sky TV owners have settled their trademark lawsuit against the game company.
Could this happen in the United States? Just like everything else in business, trademark law is becoming globalized. Of course, lawyers can’t just say “globalization” – they need their own fancy term which is called “harmonization”. The International Trademark Association has posted a nice overview of what is supposed to happen to “generic” words. Simply put, they are not supposed to be given trademark value. But as is often in legal areas stemming from British common law, there are exceptions to exceptions to exceptions.
It is always recommended that business owners consult with an experienced trademark attorney before really investing in any brand name, service name or trademark. A few thousand dollars can save months and years of legal aggravation over what should be “free” as the “sky” above.
Oxnard Police Department Report, October 15, 2015 According to the City of Oxnard, two fraudsters were arrested on charges of financial elder abuse:
After a six-month long investigation, the Oxnard Police Department and Ventura County Sheriff’s Department Financial Crimes Units arrested Gerard Paul Cruz Mangubat, 32 years old, and Ryan Romero, 27 years old, both Oxnard residents, for elder financial abuse, check fraud, credit card fraud, and Identity Theft crimes. During 2015, Mangubat and Romero worked as in-home caregivers for terminally ill elders and used their positions to access the victims’ financial and identity information to commit thefts and fraud crimes, totaling over $60,000 in losses. The investigation was aided by the cooperation of several banks that absorbed the financial losses.
On October 14, 2015, detectives arrested Mangubat and Romero at their home and seized various items of Identity Theft from their home pursuant to a search warrant authorized by the Ventura County Superior Court. The investigation was supported by the Elder Abuse Unit of the Ventura County District Attorney’s Office. Criminal charges were filed against Mangubat and Romero as they were booked into the Ventura County Main Jail. Mangubat has a bail of $750,000 while Romero has his bail set at $50,000. Arraignments for Mangubat and Romero were scheduled for this afternoon, October 16, 2015.
Neither Mangubat nor Romero had any known criminal history and both worked during 2015 for various employers. Anybody with additional information regarding these crimes should contact Detective Erica Escalante of the Oxnard Police Department’s Financial Crimes and ID Theft Unit at (805) 385-7661 or Detective Tim Lohman of the Ventura County Sheriff’s Department’s Financial Crimes and ID Theft Unit at (805) 947-8255.
The creator of Priceline, Jay Walker, has become fascinated by patents and patent licensing it seems. He has bought and merged several patent holding (some say patent troll) companies and proposed creation of a new agency called the “United States Patent Utility”. It would act as ASCAP works for copyright protection, charging license fees, negotiating with potential users and presumably sending cease and desist letters to potential infringers.
Will this work because patents have become as narrow as copyrights, and their value is as low? Are patent attorneys or licensing attorneys now irrelevant to patent licensing? Or is the specialization of licensing becoming even more narrow and parochial?
The United States Patent and Trademark Office (USPTO) has approved notices of issuance for two patents covering the composition and methods of use for ADXS-cHER2 (Patent Numbers 11/415,271, 12/213,969 and 13/254607). Advaxis is developing ADXS-cHER2 to target the Her2 receptor, which is overexpressed in certain solid-tumor cancers, including bone cancer (or osteosarcoma), breast cancer, esophageal, and gastric cancer. Advaxis plans to initiate a Phase 1 trial with ADXS-cHER2 in pediatric osteosarcoma, for which it received Orphan Drug Designation, and is pursuing early development clinical collaborations for breast, esophageal and gastric cancers.
Mainly, these patents cover the molecular composition of the ADXS-cHER2 compound, as well as methods of use against tumors that express the protein Her2/neu in humans. It also covers other medical applications for ADXS-cHER2. And importantly for media outlets looking for news stories, these patents also cover the use of ADXS-cHER2 in dogs.
Date: June 30, 2014
With the human genome project over, and new details of cancer oncogenes and tumor suppressors coming daily, where are the new treatments for cancer? A new article discusses how the FDA is working with researchers to expedite or ‘fast track’ certain kinds of therapeutic drugs to locate individualized breakthroughs faster and sooner.
This is the promise of gene sequencing finally coming to fruition. While real complexity still exists, the promise of customized cancer treatments is becoming a reality. Tumors are being sequenced in the hundreds if not thousands, and their differences and similarities charted, picked apart and compared.
For example, in September of 2012, a group of researchers called the Cancer Genome Atlas Network further dissected the types and subtypes of breast cancer. Using genomic analysis, four distinct sub-types exist with vastly different genetic profiles in terms of what proteins will turn their internal switches ‘off’ or ‘on’.
These types of discoveries will help us finally unravel the complexities of cancer. Once a sequence is known, along with its epigentics, protogenomics and metabiolomics together new powerful therapies can be readily created.
Yet, even as these new technologies flourish, the Supreme Court stands ready to exclude them from patent protection as “unpatentable abstract ideas.” The ACLU has successfully petitioned the U.S. Supreme Court to consider the issue of “whether human genes can be patented” in the case of Association of Advanced Pathology vs. Myriad. Unfortunately, this is not an issue that needs to be decided. The work that has been performed by doctors, researchers, laboratories and companies on each and every diagnostic tool and therapy is not a “human gene” and has taken thousands of person-hours to develop. A patent also is not forever, and without some expectation of recouping research costs, who will bother with small subsets of cancers when huge drug conglomerates will swoop in and steal their work as soon as it is published?
As first world countries agonize over how to eliminate carcinogens from our world, the medical world may beat us to the punch with cures for many if not most cancers. It is an idealist’s wish, but science has created hope for some of that idealism to come true. Let’s hope that the work, creativity and unique nature of these discoveries is given the credit and protection it is due.
The carousel of verdicts that is the “Barbie vs. Bratz” case has gone around one more time. Now, MGM appears to have the upper hand, at least for now. The jury’s 2011 verdict for MGM has been slashed in half by the Ninth Circuit, and MGM’s trade secret claim has been thrown out, albeit without prejudice. Specifically, on January 25, 2013, Chief Judge Alex Kozinski issued a terse, two-page order overturning half of the approximately $175 million jury award. 2013 DJDAR 1040 (January 25, 2013).
To put this seemingly innocuous ruling in perspective, let’s recap a bit:
The case dates back to its original filing in 2004 in Los Angeles’ federal court. See http://articles.latimes.com/2011/apr/22/business/la-fi-bratz-verdict-20110422
In 2008, during the first trial, a jury awarded Mattel $100 million in damages for copyright violations it alleged and trade secret theft by one of its employees who left Mattel to create the Bratz dolls at MGM.
In 2010, the Ninth Circuit reversed the jury verdict (see Mattel, Inc. v. MGA Entm’t, Inc., 616 F.3d 904, 918. MGA went on the offensive, filing a claim against Mattel for trade secret misappropriation.
Then in April of 2011, during the retrial, the new jury went completely the opposite way, ruling that Mattel was entitled to $10,000, but that MGM was entitled to approximately $80 million for trade secret theft and a staggering $137 million in attorneys’ fees for having to endure the legal battle with Mattel (who was now on the losing side). (see http://articles.latimes.com/2011/apr/22/business/la-fi-bratz-verdict-20110422 accessed on 2/5/2013). What firm was able to bill $137 million in seven years? None other than Skadden, Arps, Slate, Meagher & Flom.
So back to the latest ruling in which Chief Judge Alex Kozinski has issued another succinct yet weighty proclaimation. First, Judge Kozinski zigged for Mattel, as the $80 million awarded by the jury to the Bratz owners for trade secret theft was tossed alongside with Mattel’s trade secret theft claims. MGM’s claims for trade secret theft should “not have reached this jury” according to the Chief Judge.
But just as one hand giveth, the other taketh away: Next, Kozinski approved the stunning $137 million award to MGM in the cost of its attorney’s fees. In five brusque paragraphs, with very little discussion, the opinion is a stinging rebuke of one of the countries’ leading law firms, Quinn Emmanuel Urquhart & Sullivan. One of the most telling quotes was an affirmation that Mattel’s scorched earth strategy was simply “stunning in scope and unreasonable in the relief it requested.'”
Finally, Judge Kozinski, who always enjoys the last word, ended the opinion by writing “While this may not be the last word on the subject, perhaps Mattel and MGA can take a lesson from their target demographic: Play nice.” We’ll wait for the last word on that one, but we won’t be holding our breath.
As science on the internet matures, an actual history of science on the internet necessarily is spawning. Scientific American columnist Bora Zivkovic has written an in-depth article going back into our recent memories: take a walk back in time to the days of usenets, html perl scripts and plain old flame wars.
See also: http://sandwalk.blogspot.com/ (evolution and history of science)
Pandas’ Thumb: http://pandasthumb.org/ (evolution)
Hope and courage are on display at the 8th Annual Asbestos Disease Awareness Organization conference “Asbestos: An International Public Health Crisis”, March 30-April 1, 2012 at the Manhattan Beach Marriott. Director Linda Reinstein has moved mountains to assemble world leaders in science, law and public policy on the current state of asbestos research, mesothelioma cures and the effort to ban asbestos worldwide. Check out the proceedings at http://www.asbestosdiseaseawareness.org and by searching on the hashtag #adao on Twitter.
What is really fascinating is reading what the real computer geeks think about this at Slashdot.
Compare, contrast, discuss.