Welcome to the first installment of Docket Alarm’s Know Your PTAB Judge newsletter. Each
month, we will be featuring a profile on a different PTAB judge. This month, we
are proud to feature Judge Justin T. Arbes for our kick-off edition.
Background
Judge Arbes is a graduate of the University of Illinois
College of Law.
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The 2015 NYC LegalTech
show is fast approaching. Join us at the largest event devoted solely to law
and technology, taking place February 3rd-5th at The
Hilton Hotel in New York City. The LegalTech Show brings together law firms, librarians,
startups, developers, and many others to showcase the latest innovations and
technology in the legal industry.
Docket Alarm will
be at the Stanford CodeX Pavilion showcasing its state of the art technology.
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We've been busy at Docket Alarm evaluating your product improvement requests and implementing time-saving changes while conducting your legal research. One new small but powerful refinement that will help you narrow your search is an ability to filter by title. Here is what we mean.
When you perform a search for say, "Apple v. Samsung" you get results for all dockets containing these keywords anywhere in the docket text. While this type of broad search may help you start with a bird's eye overview, sometimes you may want to narrow the results to just docket titles that contain this text.
So where is this feature located? In the search bar you'll notice a gear icon just before the court drop down menu.
When you perform a search for say, "Apple v. Samsung" you get results for all dockets containing these keywords anywhere in the docket text. While this type of broad search may help you start with a bird's eye overview, sometimes you may want to narrow the results to just docket titles that contain this text.
So where is this feature located? In the search bar you'll notice a gear icon just before the court drop down menu.
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While major legal research providers have extensive coverage
of court cases, their coverage is not comprehensive. By using Docket Alarm’s
research engine in conjunction with other research providers such as Westlaw
and LexisNexis, attorneys can be sure they have access to every federal docket,
Patent Trial and Appeal Board docket, and International Trade Commission
investigation.
Federal Courts
PACER
While some of the large legal research engines have around
160,000 documents / year in their federal case databases, Docket Alarm keep
tabs on over 250,000 federal court documents each
year. Docket Alarm links directly to the PACER database, enabling
attorneys to search for and download new cases uploaded to PACER before they
become available in other databases.
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Docket Alarm is proud to announce the release of an API client library
to access court documents on PACER. An API
allows software developers to build programs that access data in a structured
way.
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Docket Alarm would like to congratulate this year’s Law360 Intellectual Property MVPs. The 2014 class includes both veterans and up-and-comers, with almost all of the recipients having practices focused on patent litigation.
Daralyn Durie | Durie Tangri
Daralyn
Durie is a San Francisco-based patent litigator, whose clients include some
of the biggest names in tech: Google, Twitter, LinkedIn and Genentech.
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Self-made mogul Michelle Phan is embroiled in a legal battle
over her use of music in her popular YouTube videos.
Phan’s legal troubles began in July when music label, Ultra
Records, filed
a suit against her for copyright infringement. Ultra alleged Phan used
songs and compilations owned by the label as background music for her YouTube
videos without first obtaining a license to do so. Phan has responded
to Ultra’s
complaint, and has also filed
a counterclaim, stating that, although she did use some of the songs and
compilations in question, her use is pursuant to an agreement she had with the
label.
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The days of conducting legal research in a vacuum are
numbered. The latest developments in search utilize sophisticated full-text
search engines in conjunction with big data analytics to give attorneys insight
into the relationships between the many facets of litigation. Docket Alarm is
helping to pave the way by offering a proprietary analytics platform in
addition to a robust legal research engine.
Docket Alarm’s proprietary analytics add context and perspective
to legal research.
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The legalization of recreational marijuana in Colorado and
Washington has lead to many novel intellectual property issues.
For example, in March 2014, a new state tax was proposed that
would on Washington marijuana-related businesses seeking IP protection.
Specifically, a tax of $3.60 would be assessed per $1000 of value of a
business’s IP assets, including trademarks, trade names, brands, patents, and
copyrights related to marijuana. The
intended purpose
of the tax is to “capitalize on [Washington’s] unique position” and use the
generated revenue for agricultural research.
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Back in June, electric car manufacturer Tesla Motor’s CEO
Elon Musk “opened up” Tesla’s patents to other car manufacturers. Now that the dust
has settled, was this really the game-changing move that analysts and news
outlets had predicted? And how will it affect Tesla’s recently unveiled Model D?
What Tesla’s
Announcement Really Means
To explore the real reason behind Musk’s seemingly bold decision,
we need to examine what the phrase “opened up” actually means in this context.
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A major challenge facing firms and in-house legal
departments is staying abreast of new lawsuits relevant to their clients and
respective practice areas. Most firms employ paralegals to constantly check the
court docket, while others have created their own platform by piecing together
various services and tools. Not enough are taking advantage of readily available solutions.
Google Alerts:
Information Overload
One such tool favored by many is Google’s “Alerts” feature,
which allows an individual to enter a keyword or phrase as they would if
conducting a search, and receive updates on that information.
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Sept.
29
Websites like
Flickr offer a wealth of user-generated images, making it easy to create a
visually compelling blog. However, using another’s work is always a tricky
business, and bloggers need to be aware of the legal ramifications that may
accompany use of a found photograph.
So, how can you tell if you can use someone
else’s photograph?
Whether or not
you can legally use another’s photo on your blog depends on the kind of license
governing the particular photo you want to use.
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This month, the Patent Trial and Appeal Board (PTAB)
celebrated its second birthday.
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Apple is famous, or maybe infamous, for its comprehensive
approach to IP protection. One of the latest victories for the computer giant
comes out of the Court of Justice of the European Union (CJEU). On July 10,
2014, the CJEU issued
a preliminary ruling that a distinctive store layout may be registered as a
protected trademark with the German Patent and Trademark Office (DPMA).
Procedural History
The procedural history of this ruling takes us back across
the pond.
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On August 27, 2014, California Federal District Court Judge
Lucy Koh denied Apple’s request for a permanent injunction against Samsung,
which would have prevented the telecom giant from “making, selling, developing
or advertising” features in its products that infringed on three of Apple’s
patents. Apple, Inc. v. Samsung
Electronics Co. Ltd. et al, No. 5:12-cv-00630-LHK, slip op at 1 (N.D. Cal.
August 27, 2014). In her ruling,Judge Koh cited Apple’s failure to demonstrate any irreparable harm it was
likely to suffer as a result of Samsung’s exploitation of Apple’s patented
features as the basis for denial.
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