Winton Machine Co. Wins Many Business Awards

Winton Machine Co., based in Suwanee, Georgia and one of our oldest clients has won the following awards over the past 3 years.  The attorneys of Stein IP are very proud to serve the IP needs of this growing company. Georgia Small Business ROCK STAR Award Nominee 2019 Gwinnett Chamber Pinnacle Overall Small Business Award 2018 Gwinnett Chamber Pinnacle Small Business 25+ Employees Award 2018 U.S. Commercial Service Export Achievement Award 2017 GLOBE (Georgia Launching Opportunities By Exporting) Award 2017, Global Atlanta Atlanta Metro Export Challenge (MEC) 2017 grant recipient as semi-finalist and finalist Women in Business Champion of the Year – Lisa Winton, National Small Business Week in Georgia 2017 Partnership Gwinnett – Movers & Makers Awards – Small Manufacturer of the Year 2015

Blockchain And IP Law

As a fourth post on this blog series regarding blockchain, Stein IP introduces “Blockchain and IP Law.” Due to Blockchain is frequently related with Bitcoin exclusively, people might think Intellectual Property (‘IP’) Law and Blockchain are incompatible or perhaps never thought of a potential combination of these two. But what if we were able to trace an intellectual property right from its beginnings? Seems like Blockchain may have the answer to that question and many others, opening a wide range of opportunities where IP Law proceeds. First of all, Blockchain could help fix IP registration system inefficiencies. In the United States, according to the US Patent and Trademark Office (USPTO), it takes more than a year to take action after a filing because a lot of applications are subject to manual review, resulting in the total length of time from filing to completing the registration to be 2 years in most cases. This is a real problem if we talk

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A New Measure In the Electronic Retrieval Method for Priority Documents between USPTO and KIPO

There has been a change, effective December 1, 2018, on how documents are electronically retrieved between the United States Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO). From that date on, electronic retrievals of priority documents between the USPTO and KIPO will be managed via the World Intellectual Property Organization (WIPO) Digital Access Service (DAS). By notification on April 20, 2009, the USPTO expanded its PDX (Electronic Priority Document Exchange) program by agreement with the World Intellectual Property Organization (WIPO) to participate in the multilateral exchange of certain priority documents with other IP offices participating in the WIPO Digital Access Service (DAS) for Priority Documents. DAS is a service currently provided by WIPO that offers a simple and safe digital alternative to filing paper copies of priority documents with multiple IP Offices. It enables an applicant claiming priority to ask Offices of second filing to retrieve a copy of the priority document themselves via the service.

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How Is The World Using Blockchain?

As a third post on this blog series regarding blockchain, Stein IP introduces “How is the world using blockchain?” In our previous two posts we have explained what blockchain is and how it affects businesses, in this post we will be talking about the different uses blockchain has or can potentially have in different sectors. From financial services, to voting, to healthcare, blockchain has many applications to today’s world and companies and individuals are starting to dive into them. Cryptocurrencies Probably the most known application of blockchain has been cryptocurrencies. Cryptocurrencies are essentially digital money, digital tools of exchange that use cryptography and with blockchain technology it can facilitate secure and anonymous transactions among users. Cryptocurrencies like Bitcoin and Ethereum (the two biggest cryptocurrencies of this technology) are necessary for many of the applications and transactions in blockchain. Even when writing and executing smart contracts in the network, participants in the transaction must have a cryptocurrency stake and unlike traditional markets,

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Expanded Collaborative Search Pilot Program

by Michael D. Stein Beginning November 1, 2017, the United States Patent and Trademark Office (USPTO) is participating in a new, expanded Collaborative Search Pilot Program in which applicants may request that multiple partnering Intellectual Property (IP) offices exchange search results for their corresponding counterpart applications before producing and issuing their office actions.  In Expanded CSP, each designated partner IP office will independently conduct a prior art search for its corresponding counterpart application.  The search results will then be exchanged between the designated partner IP office(s) and the USPTO before any IP office offices issue an office action.  A copy of the Notice in the Federal Register is attached herewith.   Initially, under the Collaborative Search Pilot Program (CSP) which began on August 1, 2015, only the Japan Patent Office (JPO) and Korean Intellectual Property Office (KIPO) were participants.  And the applicants had to follow the First Action Interview Pilot Program (FAI).   Under the Expanded Collaborative Search Pilot Program

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Fair Use Doctrine

By Michael Small   The Copyright Office defines Copyright as the exclusive right for a person (mainly the author) to reproduce, publish, sell, or claim ownership of his or her original works of creation under Section 106 of the Copyright Act of 1976.[1]  The copyright symbol (©) identifies the work as protected to the copyright owner and the audience.  This intellectual property right grants protection to the author’s creative works such as literature, music, drama, arts, or architecture upon the creation of his or her product in a fixed media.  This protection remains valid until the owner’s death plus 70 years.  Afterwards, the work becomes public domain, which allows for anyone to use the work for any purpose.  However, to prevent potential conflict with the First Amendment’s grant of freedom of speech, religion, and the press, the court created the fair use doctrine as a check and balance to copyright’s power. The Fair Use Doctrine is a declaration that allows

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THE DEFEND TRADE SECRETS ACT

By Michael Small The Defend Trade Secrets Act (DTSA) of 2016 has allowed the protection of trade secrets to expand towards the federal court system, making it one of the most dynamic changes to intellectual property protection in years (Goldman, 2015).  Signed in 2016 under the Obama Administration, the Act has provided an avenue for trade secret owners to use private federal lawsuits/court to challenge those that have allegedly stolen their trade secret.  Prior to this Act, only state law could have been applied to trade secret violations, with punishments/costs varying between state courts due to the protection granted by the Uniform Trade Secrets Act[1] (UTSA).  Both have set a foundation for trade secret definition and fines for conviction, but the DTSA grants more power for trade secret owners to protect their company’s profits. The DTSA builds upon the 1996 Economic Espionage Act (EEA), which specializes in dealing with industrial espionage.  It has intensified the fines for convicted trade secret appropriators

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Patent and Copyright Reform Update

by Michael Small Congressman Bob Goodlatte, Chairman of the House Judiciary Committee, has announced that he will reveal a number of proposals to take place through the year during his speech at the 115th Congress that would reform intellectual property, targeting patent litigation cases and the Copyright Office.[1]  This reform is built upon his reflection of what is hindering American business.  In his perspective, he argues that the rising number of regulations and ‘red tape’ placed on businesses are causing a greater hindrance on entrepreneurs and companies with regard to innovation and competition.  Therefore, he will put his focus on making America competitive again by making the legal system fair and efficient.  In particular, he emphasized on making it more difficult for lawyers to ‘game’ the legal system by discouraging abusive patent litigation cases or ‘truly frivolous lawsuits,’ from occurring or accumulating high damage costs, often caused by aggressive ‘patent trolls.’[2] One of the first proposals to reflect his speech

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Prior Use Rights v. Patent Protection

By Julie Shursky Before the enactment of the Leahy-Smith America Invents Act (“AIA”), the prior user rights defense was limited to business method patents.  35 U.S.C. § 273 (2006) (restricting the defense to patent claims for “a method of doing or conducting business”), amended by Leahy-Smith America Invents Act, Pub. L. No. 112-29, sec. 5(a), 125 Stat. at 297.  The AIA, however, amended the language of Section 273, such that the defense is now applicable to any “process” or any “machine, manufacture, or composition of matter used in manufacturing or other commercial process.”  35 U.S.C. § 273(a) (2011).  Further, Section 273 states that an accused infringer must prove, by clear and convincing evidence, that the patented subject matter was “commercially used” in the United States at least a year prior to the effective filing date of the claimed invention.  35 U.S.C. § 273(a)(2).  This expanded prior user rights defense under the AIA applies to any patent issued on or after

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Microsoft Corp. v. Proxyconn, Inc., 789 F.3d 1292 (Fed. Cir. 2015)

By Julie Shursky Facts: Proxyconn, Inc. (“Proxyconn”) filed suit against Microsoft Corporation (“Microsoft”), accusing Microsoft of infringing its U.S. Patent No. 6,757,717 (“the ’717 patent.”) Microsoft, 789 F.3d at 1295.  This appeal arises from the inter partes review (“IPR”) of the ’717 patent.  Id. The ’717 patent “relates to a system for increasing the speed of data access in a packet switched network.” at 1295. The United States Patent and Trademark Office, Patent Trial and Appeal Board (“Board”) issued a final written decision, finding all but one of the instituted claims (claim 24) to be unpatentable under 35 U.S.C. § 102 and additionally under 35 U.S.C. § 103.  Id. (citing to Microsoft Corp. v. Proxyconn, Inc., IPR2012-00026 and IPR2013-00109, Paper No. 73 (PTAB Feb. 19, 2014).  The Board further denied Proxyconn’s motion to amend.  Id. Microsoft appeals the Board’s determination that claim 24 is patentable. Proxyconn cross-appeals, “challenging the Board’s use of the broadest reasonable interpretation (“BRI”) standard of claim

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