Marla Grossman

Marla Grossman

Attorney Profile

Top Rated Government Relations Attorney in Washington, DC

American Continental Group
 | 1800 M Street NW, Suite 500 S
Washington, DC 20036
Phone: 202-327-8100
Fax: 202-327-8101
Selected to Super Lawyers: 2013 - 2019
Licensed Since: 1995
Education: Harvard Law School
Practice Areas:
  • Government Relations
Attorney Profile

Marla Grossman is known as one of the nation's preeminent government relations attorneys. As a Partner at the American Continental Group (ACG), Ms. Grossman helps clients predict trends in US federal policy which might affect their business and with strategic public policy planning and representation before the White House, federal agencies and Congress. 

Dubbed “The Influencer” by I AM Modern Magazine, the Washington Business Journal claimed, “Marla Grossman seems to turn everything she touches into gold” and named her one of the Washington DC area’s “Most Influential Business Women”.  Ms. Grossman has been called an “industry insider,” a “mover and a shaker” and “the real deal” by IP Watchdog, a “leading lobbyist” by the National Law Journal, an “IP Influencer” by Managing IP and “one of the most sought-after lobbyists in the capital and across the country” by the Expert Network.  Ms. Grossman has been selected to the Washington DC Super Lawyer List every year since 2013.

Before joining ACG, Ms. Grossman was a Partner at PCT Government Relations, a lobbying firm focused on intellectual property and technology public policy matters. Prior to that, Ms. Grossman was a Partner and Chair of the Internet Ventures Group of the law firm of Verner, Liipfert, Bernhard, McPherson, which at the time was described by The National Journal as the top federal government relations firm in the US.

Earlier, Ms. Grossman served as counsel to the Senate Judiciary Committee, where she was instrumental in the development of policy positions and legislative initiatives for then-Ranking Member of the Senate Judiciary Committee and current Ranking Member of the Senate Appropriation Committee, Patrick Leahy. Ms. Grossman helped coordinate legislative activities for Senator Leahy on intellectual property, Internet usage, entertainment, online gaming and technology, and was directly involved with legislation such as the Digital Millennium Copyright Act; Copyright Term Extension Act; Trademark Law Treaty Implementation Act; Domain Name Amendment Act; and US Patent and Trademark Office Reauthorization Act.

A Peabody Award winner, Ms. Grossman received her J.D., cum laude, from Harvard Law School, and a B.A., summa cum laude, from Yale University (Phi Beta Kappa). She is admitted to the District of Columbia bar. She currently serves as the Vice Chairman of the Board of Directors of the Yale Alumni Fund. 

White Papers

  • SESTA vs. FOSTA (2018) -  A Comparison of S. 1693 (SESTA) and H.R. 1865 (FOSTA)      Introduction: In 2017, the Congress introduced bills aimed at fighting online sex trafficking by amending Section 230 of the Federal Communications Act of 1934. The Senate bill, S. 1693, Stop Enabling Sex Traffickers Act of 2017 (“SESTA”), was introduced by Sen. Portman (R-OH) on August 1, 2017, and was reported by the Committee on Commerce, Science, and Transportation on January 10, 2018.  The House version, H.R. 1865, Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), was introduced on April 3, 2017, by Rep. Wagner (R-MO), and an amended version was reported by the Judiciary Committee on December 12, 2017.  The Benefits of SESTA:While FOSTA adopts a more cautious approach to fighting online sex trafficking, SESTA provides a more robust and effective way of addressing the issue for the following reasons:   Since Section 230 already includes an exception for enforcement of federal criminal statutes, SESTA would amend Section 230 to also exclude civil or state actions under Section 1591 of Title 18, concerning the sex trafficking of children or by force, fraud, or coercion. SESTA would then amend Section 1591 to include “assisting, supporting, or facilitating a violation of subsection (a)(1)” in the definition of “participation in a venture.” This would create a clear and cohesive enforcement regime that allows both civil and criminal actions for the facilitation of sex trafficking. Increased risk of civil liability would also arguably have a considerable impact on compliance; FOSTA, on the other hand, would create a new criminal statute criminalizing the intentional promotion and facilitation of prostitution and reckless disregard of sex trafficking. However, civil liability would only be available for aggravated violations or reckless disregard, and such liability would be allowed under Section 230 only if the promotion or facilitation of prostitution included “responsibility for the creation or development of all or part of the information or content” provided through any online service. Meeting this requirement would essentially require proving direct liability; FOSTA’s intent requirement imposes an unreasonable burden on the prosecutors to prove that the defendant had the requisite mens rea to abet sex trafficking; While SESTA establishes civil and state law liability for facilitation of online sex trafficking, it retains Section 230(c)(2)(A) protections for good faith monitoring and enforcement activities; SESTA also provides State Attorneys General the authority to enforce and bring actions under Section 1591, which would arguably enhance enforcement activities and reduce online sex trafficking.

  • (2016) - What a Trump Presidency Means for Trade

  • Private Sector Participation is Essential to the Quality and Integrity of the US Patent and Trademark System (2018) - The US patent and trademark system depends on high quality raw data from the USPTO as well as the dissemination of value-added information. Both the production of high quality raw data as well as the dissemination of value-added information can best be achieved by a public-private partnership that takes advantage of the core strengths of private sector vendors and publishers. A competitive private sector patent and trademark information industry complemented by the US Patent and Trademark Office (USPTO) provides the optimal approach for meeting the broad range of user needs—from specialists to the general public. The following principles are critical to ensuring the highest quality and integrity of the US patent and trademark system:   The USPTO Should Maintain the Current High Quality of Text Accuracy in its Published Raw Data There seems to be general agreement that the IT systems at the USPTO are old, overburdened, and in need of update. Thus, the USPTO is appropriately spending significant time and resources to upgrade its IT systems. As part of this IT upgrade, which will ultimately comprise the backbone of the new PE2E (“Patents End to End”) process, the agency has been touting its new PATI (“Patent Application Text Initiative”) technology as the best approach for moving from the current image-based content in its patent examination system to content that is comprised of editable text. PATI is, in essence, a system that uses OCR (“Optical Character Recognition”) technology to convert images to text. PATI can be expected to do many things well, but conversion of image-based content to high quality, editable text is not necessarily one of them. A key question for the USPTO is whether PATI will produce results that are sufficient for the range of purposes for which the USPTO might attempt to use its “raw” OCR output and whether the USPTO is following the best course to deliver cost-effective and high quality results. The USPTO should demonstrate that the new IT processes it is developing, including PATI as well as PE2E (“Patents End to End”), will not result in deterioration in the quality of the agency’s raw data information, especially at this time when the agency is proposing to raise fees. Today’s standards for text accuracy for patent content are extremely high, with searchability across the full range of content, including chemical structures, mathematical equations, and other complex elements. Settling for a lower standard would: Reduce the information content of published patent information, thus reducing transparency for all users of U.S. patent information Increase costs for users as they are forced to deal with the high level of text errors in the USPTO’s published products Misallocate resources by directing work better done by skilled data entry operators to more costly patent examiners This content is used in the creation of databases that are loaded to the USPTO’s search systems and published worldwide. All users of published U.S. patent information - private commercial vendors and the general public - rely on these highly accurate databases. USPTO Policies Should Encourage a Diversity of Sources for Patent and Trademark Information It is common sense that one should not rely on a single source of information, and that “truth” or the “most accurate information” is best derived from a marketplace of ideas with a multiplicity of sources. US law embraces such thinking, and Federal statute provides that Federal government agencies shall ensure public access to an agency's public information by "encouraging a diversity of public and private sources for information based on government public information."  (44 USC 3506(d)(1)(A)). The statute's enforcement vehicle, OMB Circular A-130, provides that in determining how and whether to disseminate information, agencies will: "[t]ake advantage of all dissemination channels, Federal and nonfederal, including State governments, libraries, and private sector entities, in discharging agency information dissemination activities". The concept of "a diversity of sources" has special applicability to patent and trademark information. Each area of technology benefits from different types of search tools to achieve optimal results. There are many types of uses of patent and trademark information, and there are many types of users in addition to those who conduct searches for patentability, infringement, validity, ability to trademark, etc. Such users include researchers, business intelligence analysts, financial analysts and technology specialists.  If there is only one source--the USPTO--all of this diversity is lost. And yet, this is what can happen if the USPTO does not consciously take into account this principle when they are making decisions about free patent and trademark services. Perhaps the greatest advantage of a diversity of sources is that it maximizes dissemination and enables patent and trademark information to reach places where it would otherwise not be used; thus helping to realize one of the major policy goals of the patent and trademark system. Congress and the USPTO Should Recognize That Functionality Is Value, and Functionality Costs Added functionality--added value--is really at the heart of what private sector patent and trademark information services do. It represents the results of their investment in both dollar and human capital in a given year. It is a never-ending process. Adding value can add considerable costs to a patent or trademark office's budget, and since applicants and grantees are paying for patent and trademark offices, added value can translate into added costs to inventors. Here is where a solid private-public partnership can provide optimal results for meeting the broad range of user needs. For example, when the USPTO was planning to expand its website service to include full-text searching, the Coalition and the USPTO management had an extensive dialogue regarding functionality. Coalition member companies identified and ranked critical functionalities and the effect introduction of particular functions by the USPTO would have on private sector services. The USPTO also conducted analyses of the costs of each function. It was generally agreed that the private sector plays an important role in addressing USPTO objectives. Moreover, there was a strong positive correlation between high costs to the USPTO and functions that Coalition member companies considered to be problematic for the USPTO to provide because of the cost and the negative impact on private business. As such, the USPTO was sensitive to the negative impact it would have on vendors from aggressive and expensive enhancements of their public search systems. Now, more than ever considering the USPTO’s necessarily sensitivity to its funds and current decision-making process on whether or how much it should be increasing user fees, the decisions on appropriate functionality can sometimes be made based on costs alone. The USPTO’s Policies Should Create an Environment for Maximizing Competition among Private Sector Patent and Trademark Information Providers Maximizing competition requires creating, not destroying, incentives for investment. No rational investor will risk capital where the plans of a patent office are not known, or where there is not reasonable certainty that fair and open competition will prevail. This means open competition among private sector companies in a marketplace and fair competition with a patent office or its proxy. Fairness implies that a patent office is not overreaching in the added value it is providing free. If a patent office takes steps to directly compete with private sector companies, a market distortion is created and this can lead to destruction of the marketplace. The USPTO’s Policies Should Be Informed by Competition Law and Antitrust Law Principles of Fair Competition The impact patent office policies and services can have on the patent information marketplace is well illustrated by doctrines from antitrust and competition law. Two concepts --"essential facility" and "predatory pricing"--are especially relevant. Where an entity is the single source of a given product or a given type of information, American antitrust law refers to this as an "essential facility," and competition law includes the same concept. Although it is a federal agency, the USPTO is, in effect, an essential facility. As such, it should reflect on the obligations it would be under if it were a private entity with such power, be aware of the reasons why the concept emerged in antitrust law, and use antitrust and competition law to inform its own decision making. Competition and antitrust law also address situations, referred to as predatory pricing, where market power is used to under-price products or services in the short run with the intent or effect of harming competition and thereby creating long-term market power. The law attempts to correct the abuses that can result from this power of predation. These practices have been found to be illegal because of the destructive effects on a competitive marketplace. However, the effect on the patent information marketplace can be similarly destructive if it involves under-priced--i.e., free--services from the USPTO. In such cases, the competitive harm would take the form of reducing sources of private innovation, but the long-term harm to the public from diminished innovation could be very substantial. Thus, we recommend that the known impacts of such activities be one of the considerations applied in USPTO decision making.

  • The AMP Act Streamlines and Formalizes Royalty Payments to Producers (2018) - The AMP Act Streamlines and Formalizes Royalty Payments to ProducersThe Allocation for Music Producers Act (“AMP Act”), re-introduced by Representatives Tom Rooney (R-FL) and Joe Crowley (D-NY) in February 2017, guarantees fair payments to record producers by formalizing a longstanding SoundExchange policy of honoring so-called “letters of direction” that allocate royalties between artists and their producers. The AMP Act is part of a wider music licensing reform effort – together with the Music Modernization Act of 2017, the CLASSICS Act, and a market-based rate for artists from satellite radio – supported by 22 music organizations in the United States. The 1995 Digital Performance Right in Sound Recordings Act established the right of performers to collect 45 percent of the royalties resulting from digital broadcast of their songs, However, while performers receive a direct payment of the royalty, producers, engineers, and other studio professionals were not granted a statutory share of the individual song’s royalty. Producers can only collect their portion of the royalties through a voluntary agreement established between the producer and featured artist called a “letter of direction.” This voluntary approach allows artists to instruct SoundExchange to pay the producers directly, streamlining royalty payments and allowing musicians and producers to focus on making great music. The AMP Act would formalize this approach and include record producers in the Copyright Act for the first time in history. The AMP Act would also allow producers of pre-1995 works to seek royalty payments, subject to permission from the artists or their heirs. In case the artist is not reachable, the Act would allow producers to collect a share of the royalties if there had been an attempt to obtain the permission by both the producer and SoundExchange and no objection was received. This provides an opportunity for producers of all musical works to get a fair pay for their work. The AMP Act allows musicians and producers to focus on what they do best – creating music for everyone to enjoy. It streamlines the royalty process and formalizes an already widely-used practice. It is uncontroversial, and the Congress should move swiftly to adopt it for the benefit of the American music community.  

  • CONGRESS SHOULD ENACT THE CLASSICS ACT (2018) - WHAT’S THE ISSUE?Based on an interpretation of state and federal copyright laws, some of the biggest digital radio services in the world believe they can use music recorded before 1972 for free. While today’s artists are paid royalties every time their recordings are played by digital radio services, the inspirational legacy artists who came before them, icons of American music — Motown acts, the legends of jazz and blues, and musicians who gave birth to Rock ’n’ Roll — earn nothing. Why? Sound recordings were not brought within the scope of federal copyright protection until 1972. Even then, sound recordings made before February 15, 1972, were covered only by a patchwork of state laws. Even though these recordings are protected by state law, some digital music services were using them without paying royalties or receiving permission.WHO’S BEING AFFECTED?Anyone who made or owns the rights to a sound recording made before February 15, 1972. This includes the classic artists of every genre whose work continues to inspire future generations of artists.WHAT’S THE IMPACT?Pre-1972 sound recordings represent close to 15% of what digital radio services play, and an even higher percentage of popular recordings in some genres. Some digital radio services’ convenient interpretation of the law cost artists and record labels, with recordings before 1972, over $64 million in royalties in 2014 alone. Multiple lawsuits were filed by artists and copyright owners in several states to reclaim these lost royalties. So far, those lawsuits have resulted in $300 million in settlements paid to music creators and rights owners by the services that had been withholding royalties, but these settlements do not create certainty in the law about the protection of recordings from this iconic era of music.HOW CAN WE FIX THIS?Classic artists and their record labels have filed lawsuits under Florida, New York and California state laws to protect their rights. But Congress can put an end to this unfair practice too, by closing the loophole. The Fair Play Fair Pay Act (H.R.1836), introduced by Rep. Jerry Nadler (D-NY) and Rep. Darrell Issa (R-CA) includes provisions that would do just that for recordings played by non-interactive digital radio services. To memorialize the outcome of the negotiations they encouraged between music creators and digital radio services, Rep. Issa (R-CA) and Rep. Nadler (D-NY) introduced the CLASSICS Act (H.R.3301), an update to the pre-72 provisions of the Fair Play Fair Pay Act that would require all digital radio services to pay royalties for the use of sound recordings made before 1972. They were joined in this effort by all of the original cosponsors of Fair Play Fair Pay Act – Rep. Marsha Blackburn (R- TN), Rep. John Conyers (D-MI), Rep. Tom Rooney (R-FL) and Rep. Ted Deutch (D-FL). The bill enjoys broad support from both music creators and digital service providers. Organizations that have joined SoundExchange in expressing support for the CLASSICS Act include: American Association of Independent Music (A2IM), RIAA, Pandora, the musicFIRST Coalition, the Internet Association, the GRAMMYs, SAG AFTRA, American Federation of Musicians, the Content Creators Coalition, the Future of Music Coalition, the Rhythm & Blues Foundation, and the Living Legends Foundation. Read the joint statement of support from Pandora, SoundExchange and RIAA here.

  • About Marla Grossman

    Admitted: 1995, Washington D.C.

    Professional Webpage: http://www.acg-consultants.com/our-team/marla-grossman/

    Honors/Awards:

    • Honored for government relations work., "Influencer", IAM Modern Magazine, 2010
    • Superlawyers of Washington DC, 2018
    • This award celebrated the entrepreneurial stand-outs of the Washington DC region., Entrepreneurial Excellence Awards nominee, Working Woman Magazine, 2001
    • Super Lawyers of Washington DC, Super Lawyers, 2015
    • Superlawyers of Washington DC, Superlawyers, 2017
    • The Washingtonian Magazine: "Women to Watch: Women Under 40 Who are Beginning to Make Their Mark on Washington" (September 2001), Woman to Watch, Washingtonian Magazine, 2001
    • Women Who Mean Business, Washington Business Journal, 2004
    • Super Lawyers of Washington DC, Super Lawyers, 2014
    • Super Lawyers of Washington DC, Super Lawyers, 2016
    • She has also been featured in the National Journal (September 2008), Bethesda Magazine (December 2007), Washington Business Journal (April 2001), as well as in the New York Times (March 20, 2000); Fast Company Magazine (June 2000); CIO Magazine (July 2000); and several other publications.
    • SuperLawyers of Washington DC, SuperLawyers, 2013
    • Excellence in Advocacy Nominee, Power Women in Advocacy, 2014
    • Distinguished Lawyer Awardee, Expert Network, 2017

    Bar/Professional Activity:

    • Member of the Washington DC bar., 2018

    Pro bono/Community Service:

    • Volunteer for Birthday Cakes for Free, 2018
    • Vice Chairman of the Yale Alumni Fund and Member of the Board of Directors, 2018
    • Pro bono advocacy for non-profit, Teens Against Trafficking (www.teensvstrafficking.com)  , 2018

    Scholarly Lectures/Writings:

    Representative Clients:

    • NewsCorp www.newscorp.com  , 2018
    • Reed Technology Information Services, www.reedtech.com  , 2018
    • Converse, 2018
    • Motion Picture Association of America, 2018
    • Copyright Alliance, www.copyrightalliance.org  , 2018
    • Intellectual Property Owners Association, www.ipo.org, 2018
    • SoundExchange, www.SoundExchange.com, 2018
    • Coalition for Patent and Trademark Information Dissemination, 2018
    • Songwriters Guild of America, 2018
    • RELX, www.relx.com, 2018

    Other Outstanding Achievements:

    • Helped get a commitment by the President in his State of the Union address to protect American intellectual property through strong enforcement of our trade rules., 2018
    • On behalf of two different clients - the Authors Guild and the Songwriters Guild of America - succeeded in defeating an amendment to slash National Endowment for the Arts funding by fifteen percent., 2018
    • Extension of Fast Track Trading Authority:  On behalf of several different clients, succeeded in getting the President of the United States to ask Congress for a three-year-extension of the “fast-track” trade negotiating authority and to ensure that Congress did not pass a resolution refusing it.  (The extension is “pre-authorized” meaning it became automatic once President Trump requested it -  unless either chamber of Congress passed a resolution to refuse it.), 2018
    • Successfully aided several clients in getting the Marrakesh Treaty Implementation Act enacted into law.  This legislation implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, a landmark treaty that was adopted by the World Intellectual Property Organisation (WIPO) in June 2013, and has since been ratified by over 37 other countries. , 2018
    • Led a client’s efforts to successfully obtain passage of the Defend Trade Secrets Act 2016, which federalized trade secret law in the U.S. so as to provide a federal private right of action for trade secret misappropriation. , 2016
    • Succeeded in getting several provisions included in the tax package that was enacted into law for client., 2017
    • On behalf of the Authors Guild, succeeded in preserving National Endowment for the Arts (NEA) and National Endowment for the Humanities (NEH) funding in the 2017 budget.  In fact, lobbied successfully for modest funding increases, despites the President's original recommendation to zero out funding for both organizations., 2017
    • Successfully led the lobbying efforts of a non-profit group, Teens Against Trafficking, to pass Federal anti-sex trafficking legislation.  Teens Against Trafficking is a grassroots movement founded by teens for teens to provide education and tools to combat sex trafficking in the United States.  Ms. Grossman provided pro-bono lobbying services to the non profit to lead their successful efforts to provide justice for victims of sex trafficking and hold accountable websites that knowingly facilitate these crimes.  The bill, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), passed by the House of Representatives by a decisive vote of 388-25 and then passed the Senate  by a vote of 94 - 2.  Since being enacted into law, the US Department of Justice has been able to seize the website of one of the worst offenders of sex-trafficking, BackPage.com. (Backpage, for years, has been accused of accepting classified ads promoting prostitution which allegedly resulted in sex trafficking of both adults and minors.)  The US Department of Justice has since issued indictments against seven people who run the website. The indictment charges 93 counts of several different crimes including money laundering and running a website to facilitate prostitution., 2018
    • Succeeded in obtaining specific language for two clients in the draft Trans Pacific Partnership agreement on digital trade and intellectual property., 2016
    • Led efforts by the Copyright Alliance to get H.R.1695, Register of Copyrights Selection and Accountability Act of 2017, successfully passed by the House of Representatives, 2017

    Newsletters:

    • CONTENT & TECHNOLOGY POLICY REPORT NOVEMBER 16, 2018Headlines and Highlights:·         Sen. Grassley announces intent to trade Judiciary gavel to lead Finance Committee. ·         Helen Smith, Executive Chair of IMPALA, rebuts YouTube CEO claim that Article 13 would harm creative ecosystem. ·         House Republicans, Senate Republicans, and Senate Democrats hold internal elections. ·         Sen. Thune relinquishes Commerce Committee Chair, Sen. Wicker next in line. Congressional Updates:On Wednesday, House Republicans, Senate Republicans, and Senate Democrats all held internal leadership elections. Rep. Kevin McCarthy (R-CA) was elected Minority Leader by a vote of 159-43, defeating challenger Rep. Jim Jordan (R-OH). Republicans elected Rep. Steve Scalise (R-LA) as Minority Whip. Senate Republicans reelected Sen. Mitch McConnell (R-KY) as Majority Leader and Sen. John Thune (R-SD) will be the Majority Whip after Sen. John Cornyn (R-TX) left the post in accordance with Senate GOP rules imposing a three-term limit on top positions. Senate Democrats reelected Sen. Chuck Schumer (D-NY) and Sen. Dick Durbin (D-IL) as Minority Leader and Minority Whip, respectively. The House Democrats will hold their internal elections on Nov. 28th. Read more here. On Friday, Sen. Grassley (R-IA) officially announced he would trade his Senate Judiciary Committee gavel to lead the Finance Committee next year, a move that would leave Sen. Graham (R-SC) in line to replace him as chairman. Following his election to the Majority Whip position, Sen. John Thune (R-SD) will be forced, due to Senate GOP rules, to relinquish his Chairmanship of the Senate Commerce Committee. Sen. Roger Wicker (R-MS) is next in line on the Committee and is seen as the favorite to become the next Chairman. Read more here. Nasim Fussell will take over as chief international trade counsel for Republicans on the Senate Finance Committee, replacing Shane Warren, who will be leaving after five years on the panel, a Finance spokesman told POLITICO Morning Trade. Fussell has previously served as trade counsel on the House Ways and Means Committee. Read more here. Judicial Updates:On Monday, Jacob Mathias, owner of the now-defunct sites LoveROMS and LoveRETRO, agreed to pay a $12 million judgment in favor of Nintendo as Mathias admitted to both direct and indirect copyright and trademark infringement. Mathias’s website allowed users to download and play unauthorized copies of more than 100 Nintendo titles. Read more here.III. Administration Updates:                                                                                                                                                Reports this week indicate that Secretary of Commerce Wilbur Ross could be pushed out of his position as early as January 2019. Mick Mulvaney, currently the head of the Office of Management and Budget, is seen as a leading candidate to replace Ross. Other names circulating for the position are Small Business Administration Administrator Linda McMahon and Karen Dunn Kelly, undersecretary for economic affairs at Commerce. Read more here. International Updates:This week, the Internet Association (IA), the lobbying firm that represents tech companies such as Facebook, Google, Amazon, and Twitter, announced it is opening an office in London. Daniel Dyball, the man selected as executive director of the new office, said its goal is to “constructively engage with the internet public policy debate in the UK.” In tandem with the announcement, IA released a 12-page paper highlighting the industry’s economic achievements in the country. Read more here and here. On Friday, Helen Smith, Executive Chair of the Independent Music Companies Association (IMPALA), wrote an op-ed in The Financial Times responding to YouTube CEO Susan Wojcicki’s recent op-ed claiming Article 13 would threaten the creative ecosystem. The directive, Smith writes, “clarifies that responsibility cannot lie only with the user and the owner of the content, but also with the platforms which give access to the works.” Smith also pushes back against the claim that the directive will destroy YouTube’s business model. “This should not be about protecting one platform’s business model. YouTube’s recent figures are designed to dazzle, but our members’ own revenue results show that for every €1 from YouTube, Spotify pays €10.” Read more here. Industry Updates:Late last week, Robert Levine, contributor at Billboard, wrote an article titled “Blue Wave or Not, the Midterms Are Good for Music.” Levine writes that the Democrats taking back the House means Rep. Jerry Nadler (D-NY), a strong ally of the music industry, will become Chairman of House Judiciary Committee. Additionally, he writes, Marsha Blackburn’s (R-TN) victory in the Tennessee Senate election adds another strong pro-copyright voice to the Senate. Read more here. On Friday, Ashley Friedman, Senior Director of Global Policy at ITI, an association representing 70 of the lead technology companies, including Google and Amazon, gave testimony at the U.S. International Trade Commission’s Investigation of the USMCA. Freidman said that while ITI was pleased with many aspects of the agreement, they remain concerned about the “lack of balanced copyright language.” The copyright language in USMCA, according to Friedman, is a “deviation from the compromise formed in Trans-Pacific Partnership” and challenges “the fair use doctrine and balanced treatment found in U.S. law.” Read more here.      , CONTENT & TECHNOLOGY POLICY REPORT NOVEMBER 16, 2018
    • Headlines and Highlights:·         Associate Justice Anthony Kennedy announces he will step down at end of July. ·         Senate Judiciary Committee passes MMA by voice vote. ·         Everett Eissenstat, key trade advisor to President Trump, will leave his post at end of next month. ·         China’s State Council Information Office releases white paper which claims they have fulfilled WTO commitments and protect foreign IP. Congressional Updates: On Tuesday, Rep. Joe Crowley (D-NY-14), the fourth-ranking Democrat in the House of Representatives, lost his primary race to Alexandria Ocasio-Cortez. Read more here. On Wednesday, the Joint Economic Committee held a hearing on “The Need for U.S. Leadership in Digital Trade” featuring witnesses from the U.S. Chamber of Commerce, Congressional Research Service, and former Deputy U.S. Trade Representative Robert Holleyman. Much of the discussion centered around recent US trade tariffs and the European Union’s implementation of their General Data Privacy Regulation (GDPR), with both sides of the aisle expressing concerns over possible negative implications of GDPR. On Tuesday, June 26th the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on the “National Telecommunications and Information Administration Reauthorization Act of 2018.” On Thursday, the Senate Judiciary Committee approved the Music Modernization Act by voice vote. Some Senators—including Sens. Cruz, Cornyn, and Flake—said that they support the package, which would update music copyright and licensing laws, but wanted to work with the bill sponsors to address concerns before the bill gets a floor vote. Read more here. On Thursday, Quartz interviewed Sen. Wyden (D-OR), Ranking Member of the Senate Finance Committee, on U.S. trade policy under President Trump. When asked if he thinks NAFTA will be renegotiated, Wyden says that the “sand is definitely running out of the hourglass this year.” Wyden went on to say that NAFTA needs a “vigorous overhaul” and negotiators should start with addressing digital trade issues. Read more here. Judicial Updates:On Thursday, the U.S. Supreme Court granted a petition to review the question of whether plaintiffs who have submitted a copyright registration application but have not received a registration certificate can sue. The Office of the U.S. Solicitor General, in a brief urging the court to take up the case, said Section 411(a) of the Copyright Act clearly states a plaintiff can file a copyright lawsuit only after the Copyright Office has approved or rejected an application. Read more here. On Wednesday, U.S. Supreme Court Associate Justice Anthony Kennedy announced that he will step down at the end of July. Senate Majority Leader Mitch McConnell has indicated that he intends to confirm a new Justice before the midterms. Read more here.III. Administration Updates:                                                                                                        This week, POLITICO reported that Everett Eissenstat, a key trade advisor on the White House’s National Economic Council (NEC), will leave his post at the end of next month. Eissenstat, who previously served as chief trade counsel to Sen. Hatch (R-UT), headed up the NEC’s international economics file and was brought on by former NEC Director Gary Cohn. Read more here. International Updates:This week, Stockholm-based music streaming service Spotify hired Dawn Ostroff, a veteran television and video executive, as its new chief content officer, a move that may indicate the music service’s wider ambitions in media. Ostroff formerly worked as president of Conde Nast Entertainment, the publisher’s video studio. Read more here. On Thursday, China’s State Council Information Office issued a white paper entitled “China and the World Trade Organization” which claims that China has fulfilled its commitments to the WTO and protects the intellectual property of foreign firms. Read more here. Industry Updates:On Sunday, the Washingtonian published a story titled “Has the New America Foundation Lost its Way?” which questioned whether the think tank was truly independent from Google, one of its largest funders. At the center of the debate was New America’s decision in summer 2017 to fire staffer Barry Lynn, head of the Open Markets program, after he praised the European Union’s $2.7 billion fine for antitrust violations. Read more here. On Wednesday, E.D. Mondaine, a musician and president of Portland, Oregon’s chapter of the NAACP, wrote an op-ed in The Oregonian urging Congress to pass the Music Modernization Act, legislation that, amongst other changes, would update U.S. copyright law to ensure that music creators who recorded songs before 1972 are compensated when their work is played on digital and satellite radio. Additionally, Mondaine asks Sen. Wyden (D-OR), to drop his own legislation that would take “several years of compensation away from music professionals”, and support the MMA and CLASSICS Act. Read more here. On Thursday, Kent Walker, Google’s General Counsel, announced that the company has hired Karan Bhatia as its new Global Head of Policy. Bhatia, who most recently served as GE’s Government Affairs and Policy President, will lead the company’s policy discussions around AI, job creation and infrastructure. Bhatia has also held senior positions in the Departments of Commerce and Transportation and was a Deputy USTR under the Bush Administration. Read more here., CONTENT & TECHNOLOGY POLICY REPORT JUNE 29, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT NOVEMBER 9, 2018

      Headlines and Highlights:

      ·         Democrats retake House; Republicans widen Senate majority in midterm elections.

      ·         Sen. Grassley indicates he will make decision on Judiciary chairmanship next week.

      ·         USMCA to be signed at G20 meeting in Argentina, Mexico’s Economy Minister tells press.

      ·         Rep. Jeffries announces run for House Democratic Caucus chairman.

      1. Congressional Updates:
      • On Tuesday’s midterm elections, Democrats took control of the House of Representatives from Republicans. While it is still too early to tell the exact number of seats the Democrats will hold, their victory means a number of changes for House leadership. Rep. Pelosi (D-CA) is running to be the next Speaker of the House, Rep. Jerry Nadler (D-NY) will likely be the next House Judiciary Chairman, Rep. Neal (D-MA) will Chair the House Ways and Means Committee. Rep. McCarthy (R-CA) and Jordan (R-OH) have both stated their desire to run for Minority Leader. Leadership positions for both House Democrats and Republicans will be cemented in the coming weeks as each party will hold internal elections. Read more here
      • Republicans widened their Senate majority in the midterm election, defeating incumbent Democratic Sens. Donnelly (D-IN), McCaskill (D-MO), and Heitkamp (D-ND). The Florida Senate race between incumbent Sen. Nelson (D-FL) and Republican challenger Rick Scott is likely headed for a recount, and the Arizona Senate race between Reps. Kyrsten Sinema (D) and Martha McSally (R) has not yet been called. Democrats successfully defended seats in battlegrounds like Pennsylvania (Bob Casey), West Virginia (Joe Manchin), Montana (Jon Tester), and Rep. Jacky Rosen (D) unseated Sen. Dean Heller (R) in Nevada. More election info here.
      • Both House Republicans and Democrats have established a timetable for their internal leadership elections following the midterms. The GOP will hold a “Leadership Election Candidate Forum” on Nov. 13th from 4:30 PM – 6:30 PM; and on Wednesday Nov. 14th from 1:00 PM – 5:00 PM they will hold their internal election followed by the “Conference Rules and Steering Committee Structure Ratification” from 1:00 PM – 5:00 PM on Thursday, Nov. 15th. The Democrats will hold their internal elections on Nov. 29th. November 13th through the 17th will be orientation for new members.
      • On Tuesday, the U.S. Copyright Office tweeted asking for input in modernizing and creating a new digital recordation system. The U.S. Copyright Office Recordation Modernization team is working to improve the copyright recordation process by transitioning the system from a paper process to a digital platform. Interested parties can complete the survey online here.
      • On Thursday, Rep. Hakeem Jeffries (D-NY), a strong supporter of copyright protections and sponsor of the Copyright Alternative in Small Claims Enforcement Act (CASE) of 2017, announced his bid to become House Democratic Caucus chair, the No. 4 position in House Democratic leadership. Rep. Barbara Lee (D-CA) has also been whipping for the post. Read more here.
      • Grassley (R-IA), current Chairman of the Senate Judiciary Committee, told reporters on Wednesday that he is considering taking the chairmanship of Senate Finance Committee for the next Congress, and would make a final decision next week. If Grassley decides to vacate his Judiciary chairmanship, it is likely Sen. Graham (R-SC) would be the next chair. If Grassley decides to stay as Judiciary chair, Sen. Crapo (R-ID) would likely be the next Senate Finance leader. Read more here.
      1. Judicial Updates:
      • Beijing’s Internet Court, one of three in China dedicated to all kinds of disputes originating online, will hear its first-ever court case. Popular short-video app TikTok, filed a copyright suit against the app Huopai, which lets user share and download short videos that TikTok holds exclusive rights to. TikTok is seeking more than $143,000 for the alleged copyright infringement. Read more here.

      III. Administration Updates:                                                                                                                                       

      • On Tuesday, Secretary of Commerce Wilbur Ross announced the appointment of Laura A. Peter as Deputy Director of the United States Patent and Trademark Office (USPTO). Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and provided counsel on “worldwide legal matters, including commercial transactions, intellectual property, licenses, litigation, and regulatory compliance.” Read more here.
      1. International Updates:
      • On Thursday, Mexico’s economy minister Ildefonso Guajardo said that the United States-Mexico-Canada (USMCA) free trade agreement will be signed on November 30th on the sidelines of the G20 international forum in Argentina. It has yet to be determined whether the presidents and prime minister will participate in the signing, Guajardo said. Read more here.
      1. Industry Updates:
      • On Wednesday, Google’s Head of Copyright, Cedric Manara, posted on the Google Blog announcing the release of the “How Google Fights Piracy 2018 Report.” The report finds that Google has invested $100 million or more in building Content ID, and that Google disapproved 10 million or more ads that were suspected of copyright infringement in 2017. Read more here.
      • On Monday, Mindi Abair and Harvey Mason Jr., co-chairs of the Recording Academy’s National Advocacy Committee, published an op-ed in Billboard urging music creators to vote in the midterm elections because “when music creators speak out, change can happen.” Abair and Mason Jr. write that despite the Music Modernization Act being signed into law, there is more work to be done, including on protecting “funding for the NEA and music education” and protecting music creators as part of ongoing international trade agreements.” Read more here.
      • Late last week, Susan Molinari, Google’s VP of Public Policy for the Americas and head of its Washington, D.C. office, announced she would step down. Prior to joining Google in February 2012, Molinari ran her own political consulting firm. Molinari announced she will remain with Google in an advisory role. Read more here.
      • This week, Columbia Law Professor Tim Wu was interviewed by Vox about his new book “The Curse of Bigness” which lays out a plan to dissolve Facebook, Google and Amazon. When asked why the government did not step in when Facebook bought WhatsApp or when Google bought YouTube or when Amazon bought Zappos, Wu said that, at the time, there was a “deferential attitude towards Silicon Valley” and people thought they were “the golden goose.” “I think we blew it, honestly; there’s no better phrase. We were starry-eyed and seduced by the power of the new. There’s a bad habit in Washington where you make a mistake and then you pretend it was a good decision. I think we should admit the mistake and redo it.” Read more here.
      • On Thursday, Spotify announced that it would launch “Spotify Publishing Analytics”, a service that allows musicians and artist managers to track daily streams, as well as performance on playlists. Publishers will be able to view information for all of the songwriters on their roster, as well. Read more here.
      , CONTENT & TECHNOLOGY POLICY REPORT NOVEMBER 9, 2018
    • PATENT & TRADEMARK POLICY REPORT NOVEMBER 9, 2018

      Headlines and Highlights:

      ·         Secretary of Commerce appoints Laura Peter as Deputy Director of USPTO.

      ·         Democrats retake House; Republicans enhance Senate majority in midterm elections.

      ·         USMCA to be signed at G20 meeting in Argentina, Mexico Economy Minister tells press.

      ·         Sen. Grassley indicates he will make decision on Judiciary chairmanship next week.

      ·         USPTO Director Iancu discusses IT challenges at PPAC meeting.

      ·         Columbia Law Professor Tim Wu discusses plan dissolve Tech Giants in Vox interview

      ·         Google VP of Public Policy announces she will step down.

       

      1. Congressional Developments:
      • On Tuesday’s midterm elections, Democrats took control of the House of Representatives from Republicans. While it is still too early to tell the exact number of seats the Democrats will hold, their victory means a number of changes for House leadership. Rep. Pelosi (D-CA) is running to be the next Speaker of the House, Rep. Jerry Nadler (D-NY) will likely be the next House Judiciary Chairman, Rep. Neal (D-MA) will Chair the House Ways and Means Committee. Rep. McCarthy (R-CA) and Jordan (R-OH) have both stated their desire to run for Minority Leader. Leadership positions for both House Democrats and Republicans will be cemented in the coming weeks as each party will hold internal elections. Read more here.
      • Republicans increased their Senate majority in the midterm election, defeating incumbent Democratic Sens. Donnelly (D-IN), McCaskill (D-MO), and Heitkamp (D-ND). The Florida Senate race between incumbent Sen. Nelson (D-FL) and Republican challenger Rick Scott is likely headed for a recount, and the Arizona Senate race between Reps. Kyrsten Sinema (D) and Martha McSally (R) has not yet been called. Democrats successfully defended seats in battlegrounds states like Pennsylvania (Bob Casey), West Virginia (Joe Manchin), Montana (Jon Tester), and Rep. Jacky Rosen (D) unseated Sen. Dean Heller (R) in Nevada. More election info here.
      • Both House Republicans and Democrats have established a timetable for their internal leadership elections following the midterms. The GOP will hold a “Leadership Election Candidate Forum” on Nov. 13th from 4:30 PM – 6:30 PM; and on Wednesday Nov. 14th from 1:00 PM – 5:00 PM they will hold their internal election followed by the “Conference Rules and Steering Committee Structure Ratification” from 1:00 PM – 5:00 PM on Thursday, Nov. 15th. The Democrats will hold their internal elections on Nov. 29th. November 13th through the 17th will be orientation for new members.
      • Grassley (R-IA), current Chairman of the Senate Judiciary Committee, told reporters on Wednesday that he is considering taking the chairmanship of Senate Finance Committee for the next Congress, and would make a final decision next week. If Grassley decides to vacate his Judiciary chairmanship, it is likely Sen. Graham (R-SC) would be the next chair. If Grassley decides to stay as Judiciary chair, Sen. Crapo (R-ID) would likely be the next Senate Finance leader. Read more here.
      1. Administration Updates:
      • On Tuesday, Secretary of Commerce Wilbur Ross announced the appointment of Laura A. Peter as Deputy Director of the United States Patent and Trademark Office (USPTO). Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and provided counsel on “worldwide legal matters, including commercial transactions, intellectual property, licenses, litigation, and regulatory compliance.” Read more here.

      III. USPTO Updates:

      • Last Friday, the USPTO published a Request for Comments (RFC) on a proposed procedure for motions to amend filed in inter partes reviews, post-grant reviews, and covered business method patent reviews (collectively AIA trials) before the PTAB. The proposal includes providing the parties with the Board’s initial assessment of the proposed amendment early in the process; providing meaningful opportunity to revise and oppose proposed amendments; and ensuring the amendment process concludes within the 12-month statutory timeline. The proposal is based on six years of experience conducting AIA trials during which more than 350 motions to amend were filed.
      • On Thursday, USPTO Director Iancu wrote a blogpost in the “Director’s Forum” regarding the recent passage of the Music Modernization Act (MMA) and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Read the blog here.
      • On Tuesday, Secretary of Commerce Wilbur Ross announced the appointment of Laura A. Peter as Deputy Director of the United States Patent and Trademark Office (USPTO). Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and provided counsel on “worldwide legal matters, including commercial transactions, intellectual property, licenses, litigation, and regulatory compliance.” Read more here.
      • On Thursday, the USPTO held its quarterly Patent Public Advisory Committee (PPAC) meeting. USPTO Director Iancu gave opening remarks in which he said he was “well aware” of the IT challenges USPTO users have been facing, including the PALM outage. “Our legacy systems are old, and it is well-beyond time to take a fundamental modernization effort—and we are doing so,” Iancu said. “To this end we are conducting a wholesale review of all of our technology resources. We are taking a broad, fresh look at our IT systems top to bottom.” Iancu said that the USPTO had assembled a task force of internal leaders to address IT issues, and they have consulted with outside groups. On the Chief Information Officer vacancy, Iancu said the application period is closed, and the USPTO has received a record number of applications, both from inside government and industry. More info can be found here.
      1. Judicial Updates:
      • On Monday, a U.S. district court ordered Australia’s Cochlear Ltd to pay $268.1 million in damages to the Alfred E. Mann Foundation for Scientific Research and Advanced Bionics LLC for infringing the foundation’s pair of patents covering hearing implant technology. Cochlear Ltd said it will appeal the ruling. Read more here.
      1. International Updates:
      • On Thursday, Mexico’s economy minister Ildefonso Guajardo said that the United States-Mexico-Canada (USMCA) free trade agreement will be signed on November 30th on the sidelines of the G20 international forum in Argentina. It has yet to be determined whether the presidents and prime minister will participate in the signing, Guajardo said. Read more here.
      1. Industry Updates:
      • Late last week, Susan Molinari, Google’s VP of Public Policy for the Americas and head of its Washington, D.C. office, announced she would step down. Prior to joining Google in February 2012, Molinari ran her own political consulting firm. Molinari announced she will remain with Google in an advisory role. Read more here.
      • This week, Columbia Law Professor Tim Wu was interviewed by Vox about his new book “The Curse of Bigness” which lays out a plan to dissolve Facebook, Google and Amazon. When asked why the government did not step in when Facebook bought WhatsApp or when Google bought YouTube or when Amazon bought Zappos, Wu said that, at the time, there was a “deferential attitude towards Silicon Valley” and people thought they were “the golden goose.” “I think we blew it, honestly; there’s no better phrase. We were starry-eyed and seduced by the power of the new. There’s a bad habit in Washington where you make a mistake and then you pretend it was a good decision. I think we should admit the mistake and redo it.” Read more here.
      , PATENT & TRADEMARK POLICY REPORT NOVEMBER 9, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT  JANUARY 19, 2018 Headlines and Highlights: ·         Heritage Foundation to hold event on “Trump Antitrust Policy After One Year.” ·         House Judiciary to hold field hearing at Fordham Law School on music policy issues. ·         Wall Street Journal publishes story on “The Antitrust Case Against Facebook, Google, and Amazon.” ·         Senate Finance Democrats send letter to President Trump on lack of transparency on trade negotiations. Congressional Updates:   Last Thursday, a collection of groups, including the Coalition Aginst Trafficking in Women and National Center on Sexual Exploitation, sent a letter to Senate Majority Leader Mitch McConnell and Assistant Majority Leader John Cornyn asking them to bring S. 1693, the Stop Enabling Sex Traffickers Act (SESTA) to the floor for a vote. “Congress granted victims of human trafficking a private right of action under the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 to provide protection and to help prevent” sex trafficking, the letter reads. “Yet court after court, has ruled the Communications Decency Act (CDA) of 1996 shields Internet Service Providers like Backpage.com from accountability. As a result, online trafficking has surged…”   On Wednesday, the Senate Commerce Committee held a hearing titled “Terrorism and Social Media: #IsBigTechDoingEnough?” featuring witnesses from Facebook, YouTube, and Twitter. During the hearing, Sen. Mike Lee (R-UT), Chairman of the Senate Judiciary Antitrust Subcommittee, warned about the danger of growing calls to treat social media companies like public utilities. "I worry about what that would do to private property," Lee said. "I also worry about what it would do to public safety, the very end sought to be achieved by these proposals." Watch the entire hearing here.   Last Friday, Sen. Wyden (D-OR), Ranking Member of the Senate Finance Committee, alongside nine other committee Democrats, sent a letter to President Trump urging him to “to direct agency heads responsible for trade policy to follow transparency rules in trade negotiations and release trade reports to the public.” Read the letter here.   On Friday, January 26th at 2 p.m. the House Judiciary Committee will hold a field hearing at the Fordham University School of Law on “Music Policy Issues: A Perspective from Those Who Make It.” The witnesses have not yet been announced. Judicial Updates:   On Thursday, Sony, Warner Bros., Capitol Records and other recording companies sued Fit Radio, a fitness app, for copyright infringement. The labels claim that Fit Radio, which encourages third-party DJs to upload popular songs to playlists that users can stream for a set monthly fee, can’t rely on a statutory license because the service is interactive and allows users to skip an unlimited amount of tracks. The labels are seeking an injunction and statutory damages up to $150,000 per infringed work. Read more here.   III. Administration Updates:                                                                                                                                                                                 On Wednesday, in an interview with Reuters, President Trump said that the Administration is considering a big “fine” as part of a probe into China’s alleged theft of intellectual property. There is currently a trade investigation into the issue, and the United States Trade Representative is expected to make a recommendation to the President soon, according to the report. “We have a very big intellectual property potential fine going, which is going to come out soon,” Trump said in the interview. Read more here.   International Updates:   On Monday, the New Statesman—a U.K.-based politics magazine—published a profile of EU Competition Chief Margrethe Vestager, who they claim is “on a mission to hold Facebook, Google, Apple and Amazon to account” for their anti-competitive practices. Read more here.   Australian Prime Minister Malcolm Turnbull said that this week that he expects the Trans-Pacific Partnership to be signed by all 11member nations during a March meeting in Chile. “We’re working on the Trans-Pacific Partnership. Obviously we were disappointed when the US pulled out after the change of administration and we’re working now with the aim of getting the TPP signed without the US, of course, by March,” Turnbull told reporters during a state visit to Japan. “There is a meeting of trade ministers scheduled in March in Chile, and the goal is to have the TPP agreed, concluded then. Read more here.   Industry Updates:   On Tuesday, Grep Ip of The Wall Street Journal published a story titled “The Antitrust Case Against Facebook, Google and Amazon” in which he compared the tech giants to Standard Oil and AT&T—companies that were broken up or regulated in decades past. Ip argues that the “monopolies of old and of today were built on proprietary technology and physical networks that drove down costs while locking in customers, erecting formidable barriers to entry. Just as Standard Oil and AT&T were once critical to the nation’s economic infrastructure, today’s tech giants are gatekeepers to the internet economy. If they’re imposing a cost, it may not be what customers pay but the products they never see.” Read more here.   This week, Oxford Economics, a global consulting firm associated with the English university, published a report on the potential impact of the U.S. withdrawing from the North American Free Trade Agreement (NAFTA). According to the analysis, it would cost the U.S. about 300,000 jobs, cut economic growth, hurt stocks and cause prices for consumer to rise. Read more here.   As reported by The Telegraph, the widespread piracy of Michael Wolff’s Fire and Fury sheds light onto an industry-wide problem. Although 29,000 physical copies, 100,000 audio books, and a quarter of a million e-books have sold since the book was released earlier this month, many more individuals have accessed bootlegged copies of Mr. Wolff’s book through PDF or EPUB formats online. Reports suggest that this is indicative of a larger problem in the book industry. For instance, one of the websites providing access to Fire and Fury, Russian server, states on its homepage that users can access more than two million titles for free. Additionally, according to its Intellectual Property Office, 17 percent of e-books were obtained illegally in Britain in 2017. Read more here.    On Tuesday, January 23rd from 9 a.m. to 5 p.m. the Heritage Foundation will host an event titled “Trump Antitrust Policy after One Year.” The event will feature current and former members of the U.S. Federal Trade Commission (FTC), Department of Justice (DOJ), and a discussion of “International Antitrust Policy.” Notable panelists include Andrew Finch, Principal Deputy Assistant Attorney General for Antitrust at the DOJ; and Bruce Hoffman, Acting Director of the Bureau of Competition at the FTC. RSVP for the event here.   On Tuesday, Cassian Elwes, Executive Producer of the film Dallas Buyers Club and former head of the independent film division of William Morris, penned an op-ed in Newsweek titled “How Google Is Killing the Independent Movie Industry.” Elwes argues that the Congress’ decision to include a “Safe Harbor” provision in the 1998 Digital Millennium Copyright Act (DMCA) allows piracy to “run rampant” on Google. Elwes goes on to criticize “Google and their allies” for actively trying to weaken copyright protections in Canada and Mexico through the renegotiations of NAFTA. “This is a blatant attempt to continue their practice of shrugging their shoulders whenever creatives are stolen from through their platform—now just internationally,” Elwes writes. Read more here.     On Monday, January 29th from 10:00-11:30 a.m. the Brookings Institution will hold an event titled “Modernizing trade rules: The TPP and beyond.” The event will feature a number of panelists—including Joshua Meltzer, Senior Fellow at Global Economy and Development and Maki Kunimatsu, Chief Policy Analyst at Mitsubishi UFJ Resarch and Consulting—that will discuss strategies the U.S. and Japan “can pursue in on-going or new trade negotiations to advance TPP rules in these critical areas.” Read more here.     As part of its continued efforts to modernize its services, the U.S. Copyright Office announced that, as of February 20, 2018, it will begin accepting applications for group registration of photographs through the Office’s online registration system. In most cases, applicants will generally be required to file such applications online, and may include up to 750 photographs in each claim.  , CONTENT & TECHNOLOGY POLICY REPORT JANUARY 19, 2018
    • CONTENT & TECH NOLOGY POLICY REPORTMARCH 23, 2018 I. Congressional Updates: • This week, Mississippi Governor Phil Bryant officially selected Agriculture Commissioner Cindy Hyde-Smith to fulfill the remainder of Sen. Thad Cochran’s term. Cochran announced earlier this month he would retire effective April 1st. Hyde-Smith served in the Mississippi Legislature from 2000 to 2012. She was first elected as a Democrat, but switched to the Republican Party in 2010. Hyde-Smith was elected agriculture commissioner in 2011, the first woman to hold that position, and was re-elected in 2015. Read more here. • On Wednesday, March 21st from 10:00 a.m. to 2:00 p.m., the United States House Committee on Ways and Means held a hearing on U.S. Trade Policy Agenda. The sole witness at the hearing was U.S. Trade Representative Robert E. Lighthizer. Chairman Brady in his opening remarks included the importance of robust IP protections in NAFTA. During the hearing, Rep. Chu (D-CA) noted that Canada and Mexico do not place the same value on copyright protection as the United States does, and asked what assurances the Ambassador could give with regards to IP and NAFTA renegotiations. While the Ambassador refused to give any assurances, he emphasized the need for strong IP protections, noted that these provisions are often the last ones to be negotiated, and that the speed of the closing of NAFTA renegotiations should not have any effect on the IP protections. He also noted that Canada and Mexico are takers of IP, not protectors, and that he is completely in the US IP community’s camp on IP protections. Later, Rep. Reed (R-NY) observed the importance of IP to the US economy and US innovation. Lighthizer said that they are completely committed to IP in trade agreements, that the prior administration had moved away from protecting IP in trade policy, and that he is working to recenter this element of trade policy. • On Wednesday, the Senate passed the Fight Online Sex Trafficking Act of 2017 (FOSTA) by a vote of 97-2. FOSTA would amend Section 230 of the Communications Decency Act to hold websites liable for “knowingly” enabling sex trafficking. Sen. Portman (R-OH), one of the lead sponsors of the bill, applauded the bill’s passage, calling it a “victory for trafficking survivors and a victory for our efforts to help stop the selling of women and children online.” Read more here. • On Tuesday, House Judiciary Chairman Goodlatte (R-VA) announced via tweet that the committee intends to mark up the Music Modernization Act, legislation that reforms the music licensing system, the week of April 9th. • On Thursday, March 22nd from 10:00 a.m. to 12:30 p.m., the United States Senate Committee on Finance held a hearing on the President’s 2018 Trade Policy Agenda. The sole witness at the hearing was U.S. Trade Representative Robert E. Lighthizer. Opening the hearing, Chairman Hatch (R-UT) noted that the trade agenda looks very different now than it did a year ago, and indicated that he was pleased with the NAFTA renegotiation progress, particularly with regards to SPS measures. He further noted that he believed the first priority should be strengthening IP protections and enforcement, with particular focus on copyright protection and enforcement and making sure that patent protections are not undermined. Senator Menedez (D-NY) asked for the Ambassador what his strategy was for closing out the IP chapter and delivering a strong IP chapter for US innovators. In response, Amb. Lighthizer noted, as he did yesterday, that IP is always the last thing to close because other countries are takers. He again was critical of Canada and said he believes he is mandated by the Committee to improve IP standards. Other Members, including Sens. Warner (D-VA) and Casey (D-PA), expressed concern about China’s theft of US IP, though Senator Warner called for a more organized approach to national security and IP theft. Watch the hearing here. • On Thursday, Sens. Peters (D-MI) and Warner (D-VA) sent a letter to President Trump urging him to appoint a Director of the Office of Science and Technology Policy (OSTP), a position that has been vacant for more than a year. “As co-chairs of the Senate Science Forum, we know legislators from both parties are eager to work with an OSTP Director who has the administrative and legal authority to lead broad-based federal science and technology efforts and the credibility and stature to bring partners in industry and academia to the table. We need such a partner to maintain America’s position at the forefront of science and technology innovation,” said the Senators. Read the letter here. II. Judicial Updates: • On Wednesday, March 21, the US Court of Appeals for the Ninth Circuit upheld the lower court’s jury verdict in the Robin Thicke “Blurred Lines” case. While the appeal focused mainly on procedural issues and the court upheld most of the jury’s verdict, it reversed the lower court’s decision as it related to rapper T.I.’s liability. The court noted that the decision turned more on the skills of the lawyers involved rather than the merits of the case, while dissenting Judge Nguyen noted that the court effectively granted a copyright for a musical style. Read more here. • Earlier this month, the 1960s soul band The Diplomats filed a complaint against the hip-hop group Wu-Tang Clan for copyright infringement. The claim argues that the Wu-Tang Clan song “People Say” resembles “I’ve Got the Kind of Love” by the Diplomats. Read more here. III. Administration Updates: • On Thursday, President Trump signed a presidential memorandum that could impose tariffs on up to $60 billion of imports from China to “protect the intellectual property of Americans” and end “the illegal theft and transfer of IP to foreign nations.” The announcement follows a months-long Section 301 investigation into IP malpractice in China by USTR. House Ways and Means Chairman Kevin Brady (R-TX) responded to the announcement, saying the President “is right to go after China on intellectual property” as it costs “thousands of U.S. jobs.” However, Brady went on to implore the President to “narrow” the tariffs “to really hit the target and make sure there isn’t spillover that affects our workers, our families, our farmers.” Read more here. • This week, the White House Intellectual Property Enforcement Coordinator (IPEC) issued his Annual Report to Congress for 2017. The report highlighted copyright policy, cyber-theft, E-commerce, and ICANN as some policy areas that could be examined and discussed further. House Judiciary Chairman Bob Goodlatte (R-VA) issued a press release applauding the IPEC’s annual report, which he said “lays out a thorough strategy to continue economic growth by ensuring American innovation is protected and able to flourish.” Read the report here. IV. International Updates: • On Tuesday, the Australian Senate Environment and Communications Legislation Committee recommended that the Copyright Amendment (Service Providers) Bill be passed, legislation that would expand safe harbors to educational institutions, libraries, archives, galleries, museums, key cultural institutions, and organizations assisting those with a disability. Read more here. V. Industry Updates:• On Thursday, March 29th from 10:00-11:00 a.m. the Brookings Institution will hold an event titled “The future of EU data protection: A view from a leader in Parliament” featuring EU Member of Parliament Birgit Sippel to “discuss the prospects for the e-Privacy Regulation, privacy and data protection issues, and the transatlantic digital econ omy.” Read more here. • On Wednesday, March 28th from 9:30 am – 11:30 am the Center for Strategic and International Studies (CSIS) will host an event titled “Defending Intellectual Property: Is Section 237 the Right Answer?” The event will feature panelists including Katherine Tai, Chief Trade Counsel, House Ways and Means Committee; Deanna Tanner Okun, Former ITC Commissioner; and Ben Levi, Principal at Levi & Snotherly, PLLC. Read more here. • On Wednesday, the Internet Association—a trade association representing tech companies including Amazon, Facebook, and Google—hired Jordan Haas as Director of Trade and International Policy. Haas most recently served at the International Trade Administration where “he provided strategic counsel to the Under Secretary for International Trade and the Office of the Secretary of Commerce on agency and department operations, including international trade policy initiatives.” Read more here. • According to data piracy insight tracker MUSO’s 2017 Global Piracy Report, music piracy grew 14.7 percent over the prior year. The study, which takes into account piracy across, music, TV, film, publishing and software sites, found that overall there were 300.2 billion visits to piracy sites last year, up 1.6 percent. “There is a belief that the rise in popularity of on-demand services such as Netflix and Spotify have solved piracy, but that theory simply doesn’t stack up," MUSO co-founder/CEO Andy Chatterly said in a statement accompanying the report. "Our data suggests that piracy is more popular than ever." Read more here.  , CONTENT & TECH NOLOGY POLICY REPORTMARCH 23, 2018
    • PATENT & TRADEMARK POLICY REPORT SEPTEMBER 28, 2018Headlines and Highlights:·         Google CEO to testify on Capitol Hill after midterm elections. ·         Japan, U.S. announce intent to negotiate bilateral FTA. ·         European Patent Office and Chinese Patent Office agree on cooperation program to strengthen patent system. ·         USPTO Director gives speech at IPO annual meeting. ·         White House refutes report that Trump will issue executive order on investigating Big Tech. ·         Harvard and New America issue report “Digital Deceit II: A Policy Agenda to Fight Disinformation on the Internet.” ·         Federal Appeals Court reverses patent infringement judgment requiring Apple to pay Univ. of Wisconsin $234 million.   Congressional Developments:On Wednesday, October 3rd at 2:30 p.m. the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on “Antitrust Law Enforcement” featuring Assistant Attorney General for Antitrust Makan Delrahim and FTC Chairman Joseph Simons. Read more here. A spokesman for House Majority Leader Kevin McCarthy (R-CA) confirmed this week that Google CEO Sundar Pichai is expected to appear before the House Judiciary Committee after the November election. Additionally, Pichai will address meet with a broad swath of the Republican conference on Friday to discuss a range of topics, including the company’s management of conservative content on its platforms. More info here. Administration Updates:On Wednesday, President Trump and Prime Minister Shinzo Abe announced their intention to enter into negotiations for a bilateral trade agreement between the U.S. and Japan. House Ways and Means Chairman Kevin Brady (R-TX) applauded the news, saying that Japan is “an important trading partner and a strong ally on economic and security issues.” On Monday, the White House distanced itself from a report over the weekend that President Trump is considering an executive order that would subject tech giants like Google, Facebook and Twitter to federal investigations for alleged political bias. Deputy White House press secretary Lindsay Walters said that “Although the White House is concerned about the conduct of online platforms and their impact on society, this document is not the result of an official White house policymaking process.” Read more here.III. USPTO Updates:On Monday, USPTO Director Andrei Iancu delivered remarks at the Intellectual Property Owners Association 46th annual meeting. Iancu said that the USPTO has been “very busy” with the IT systems. “As a general matter, our legacy systems are old and it is time—indeed, well beyond time—to undertake a fundamental modernization effort. And so, we are taking a broad, fresh look at our IT systems. To that end, we have assembled a task force of USPTO leaders, and we are also working with outside consultants, to tackle this issue head-on and as quickly as possible. No options are off the table when it comes to modernizing these vital IT systems.” Read the speech here. The next Patent Public Advisory Committee (PPAC) meeting will be on November 8th at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be October 26th at USPTO Headquarters. The USPTO’s Office of Policy and International Affairs, in partnership with the International Trade Administration, has posted a job announcement for an IP Attaché located in the U.S. Embassy, New Delhi, India. This high profile diplomatic position requires knowledge of all fields of intellectual property. This job announcement is open through Friday, Oct. 12. For more information, please see the IP Attaché Program page of the USPTO website. Businesses, individuals, and attorneys seeking strategies for protecting intellectual property in China should plan to attend the USPTO's China IP Road Show. Register now to attend this free seminar. This program usually consists of a day-long series of panel discussions tailored to the needs of each locality. Experienced practitioners will delve into the details of the protection and enforcement of patents, trademarks, trade secrets, industrial designs, and copyrights. Many state bar associations offer Continuing Legal Education (CLE) credit. Judicial Updates:This week, the U.S. Federal Court of Appeals reversed a 2015 judgment requiring Apple Inc. to pay the University of Wisconsin $234 million in damages for patent infringement of the school’s computer processing technology. Read more here.   International Updates:On Sunday, Mark Scott, chief technology correspondent for POLITICO EU, wrote an article titled “The next antitrust standoff—Big Tech’s use of data.” Scott highlights the EU’s recent announcement that they would be investigating Amazon over potential abuse of digital information, and the Federal Trade Commission’s public hearing in early November on big data and competition as signs of a new round of antitrust battles. “Are we OK with a small group of firms using their pseudo-monopolies over digital information to offer us an increasing range of digital goods and services that are often overwhelmingly popular — but which may come at the expense of less competition overall for our online euros, dollars and pounds?,” Scott asks. Read more here. This week, the European Patent Office (EPO) and China National Intellectual Property Administration (CNIPA) agreed on a cooperation program for the next year as “a part of their long term strategic partnership on strengthening the patent system.” Read more here. Industry Updates:On Monday, Harvard’s Shorenstein Center on Media, Politics and Public Policy and New America, a D.C.-based think tank, published a report titled “Digital Deceit II: A Policy Agenda to Fight Disinformation on the Internet.” The report claims that Big Tech can’t be trusted to police themselves and should be subject to tougher regulation, including around their data accumulation efforts. Read the report here., PATENT & TRADEMARK POLICY REPORT SEPTEMBER 28, 2018
    • PATENT & TRADEMARK POLICY REPORT FEBRUARY 9, 2018Headlines and Highlights:·         Senate confirms Andrei Iancu as next USPTO Director. ·         Senate Finance Republicans meet with President Trump and urge him to not withdraw from NAFTA. ·         EU Competition Chief Vestager to participate in ABA panel in April. ·         U.S. Chamber “Innovation Index” drops U.S. to 12th place. ·         OMB Director Mulvaney to appear before House and Senate Budget Committees to discuss “President’s FY19 Budget Request.” ·         Senate Commerce to hold nomination hearing for four FTC nominees. ·         Rep. Rick Nolan, Co-Chair of Anti-Monopoly Caucus, to retire at end of term. ·         USPTO to hold TC 1700 Partnership Meeting.   Congressional Developments:On Monday, the Senate voted 94-0 in favor of Andrei Iancu’s nomination to serve as the next Director of the United States Patent and Trademark Office (USPTO). Senate Finance Chairman Orrin Hatch (R-UT) released a statement applauding the confirmation of Iancu, as did House Judiciary Chairman Bob Goodlatte (R-VA). Read more here. On Wednesday, February 14th at 10:00 a.m. the Senate Commerce Committee will hold a nominations hearing for the President’s nominees to serve as Federal Trade Commissioners. The nominees include Joseph Simons, to be FTC Chairman and Rohit Chopra, Noah Phillips, and Christine Wilson to serve as FTC Commissioners. Read more here. On Tuesday, February 13th at 10 a.m., Mick Mulvaney, Director of the Office of Management and Budget (OMB), will appear before the Senate Budget Committee to discuss “The President’s FY2019 Budget Request.” Read more here. This week, Sen. Mark Warner (D-VA), the top-ranking Democrat on the Senate Intelligence Committee, warned that YouTube’s recommendation algorithm may be “optimizing for outrageous, salacious and often fraudulent content” after an investigation by The Guardian found that the Google-owned platform promoted divisive and conspiratorial videos damaging to the 2016 Clinton campaign. “Companies like YouTube have immense power and influence in shaping the media and content that users see,” Warner said. “I’ve been increasingly concerned that the recommendation engine algorithms behind platforms like YouTube are, at best, intrinsically flawed in optimizing for outrageous, salacious and often fraudulent content.” Read more here. On Friday, Rep. Rick Nolan (D-MN), co-chair of the Anti-Monopoly Caucus, announced that he will retire at the end of his current term, citing a need to “pass the baton to the next generation.” Read more here. Administration Updates: On Thursday, POLITICO Morning Tech reported new staff updates in the White House Office of Science and Technology Policy (OSTP). They reported that “[m]ore than 20 new people have joined the office since the start of President Trump’s term.” They went on to say that the total size of OSTP is around 50 people, down significantly from the Obama era, when it totaled around 115. Read more here. On Wednesday, POLITICO reported that Senate Finance Committee Republicans met with President Trump to discuss trade and the ongoing NAFTA renegotiations and urge the President not to withdraw from the pact. “This is not something to be treated lightly,” said Sen. Cornyn (R-TX) after the meeting, adding that the GOP did not want “all the good economic news that’s been coming out as a result of the regulatory rollback and the tax bill to be negated by economic shock caused by some misstep on NAFTA.” Sen. Scott (R-SC), who had placed a hold on two USTR nominees in response to a lack of communication from USTR, lifted his hold after the meeting, saying he felt his concerns were addressed.III. USPTO Updates:The USPTO is hosting its first TC 1700 Customer Partnership Meeting on Tuesday, March 20, from noon to 2 p.m. ET in Alexandria, Virginia. Meet and share ideas with TC management. Visit the event page on the USPTO website to register. The USPTO is inviting stakeholders invite to one its DOCX Info Sessions. Several members of the eCommerce Modernization (eMod) team will share information about the new structured text features, including the ability to file structured text via EFS-Web and access structured text submissions, structured text office actions, and XML downloads via Private PAIR. The team will also conduct a demonstration and answer questions. Each virtual session will be approximately one hour long and limited to 20 attendees. To see available dates and times, please visit the registration page Judicial Updates:Yesterday in an opinion by Judge Stoll, the Federal Circuit vacated the USPTO’s decision that Nordt’s claims for an elastic knee brace were anticipated by “Gildersleeve.” Nordt argued that the USPTO’s decision was based on flawed claim construction and that the term “injection molded” conveyed a structural rather than a process limitation. The Federal Circuit found that the term was a structural limitation that “should have been afforded weight when assessing patentability.” The specification connoted “an integral structure and “‘words of limitation that can connote with equal force a structural characterization of the product or a process of manufacture are … interpreted in their structural sense, unless the patentee has demonstrated otherwise.’” Nordt’s failure to explain the required structure was inconsequential because it could be discerned from the claims and the specification. (IPO Daily News) International Updates:On Wednesday, Canadian Prime Minister Justin Trudeau said in a speech at the University of Chicago that Canada “might very well be better off” not signing up to an updated version of NAFTA rather than accepting a bad deal. “I’ve been very, very clear. We are going to expect a good deal, a fair deal,” said Trudeau. “We will not be pushed into accepting any old deal and no deal might very well be better for Canada than a bad deal.” Read more here. It was announced this week that EU Competition Chief Margrethe Vestager will visit Washington D.C. on April 13th to participate in an American Bar Association panel alongside Department of Justice Antitrust Chief Makan Delrahim and Acting FTC Chairman Maureen Ohlhausen. The “Enforcers Roundtable” will see the leading competition authorities “discuss their enforcement priorities and the transactions, investigations, and cases that are making headlines this year.” Read more here. Industry Updates:On Saturday, February 3rd, Kevin Carty, a researcher and reporter for the Open Markets Institute, published an op-ed in the New York Post titled “Tech giants are the robber barons of our time” in which he discusses how tech companies can “dominate sectors without actually producing anything in those markets.” Carty uses Apple and Facebook as examples, writing that Apple does not produce music but it nonetheless controls a huge portion of the music industry, while Facebook does not produce news but news organizations are highly dependent on the platform. “And these corporations continue to expand,” Carty writes. “Amazon, for instance, has entered the grocery business—via its buyout of Whole Foods—and just last week announced a new healthcare project.” Read more here. On Friday, February 23rd from 10:30 a.m. to 11:30 a.m. the Washington International Trade Association will hold an event titled “The Governor and the Premier on NAFTA: A View from the States and Provinces”, featuring Colorado Governor John Hickenlooper (D) and Premier Kathleen Wynne of Ontario, Canada. According to the press release, the Governor and Premier will “discuss critical aspects” of the NAFTA renegotiation “to their state and province, and the impact on workers, firms, investors and consumers at the local level.” Read more here. On Thursday, the U.S. Chamber of Commerce released its annual “IP Innovation Index,” ranking the world’s top 50 economies based on a number of innovation factors, including intellectual property protection. The U.S. fell to 12th place this year, down two spots from the previous year with the U.S. Chamber of Commerce citing “U.S. patentability standards and patent opposition procedures” creating uncertainty for rights holders as its reasoning. Read the report here., PATENT & TRADEMARK POLICY REPORT FEBRUARY 9, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT MAY 18, 2018Headlines and Highlights:·         Senate Judiciary holds hearing on Music Modernization Act. ·         House E&C Chairman calls on tech CEOs to testify before Congress to educate their consumers. ·         USTR Lighthizer speaks to New Dem Coalition and casts doubt on completing NAFTA before 2019. ·         U.S. Ambassador to Japan says two countries will “move rapidly” to complete bilateral trade agreement. Congressional Updates: On Tuesday, the Senate Judiciary Committee held a hearing on “Protecting and Promoting Music Creation in the 21st” The focus of the hearing was on the recently introduced Music Modernization Act (MMA), legislation that would reform Section 115 and provide a digital performance right for pre-1972 sound recordings, amongst other changes. Ranking Member Feinstein (D-CA) used her opening remarks to express her support for the intent of the legislative package, but raised concerns with the Mechanical Licensing Collective established by the bill. Senator Blumenthal asked the witnesses their opinions on the Department of Justice’s review of the ASCAP and BMI consent decrees. While Ms. Rose from Public Knowledge argued that consent decrees lead to fairer negotiations and more consumer access, NMPA President David Israelite pointed out that SESAC and GMR are not regulated by consent decree and operate in a free market. Thus, he argued, songwriters at ASCAP and BMI operate at a competitive disadvantage because there are different rules that apply. On Wednesday, the House Small Business Committee held a hearing entitled “Intellectual Property 101: How Small Business Owners Can Utilize Intellectual Property.” The hearing featured a panel of four witnesses including Ms. Michal Rosenn (General Counsel, Expa), Mr. David Graham (CEO, Code Ninjas LLC), Mr. Rick Carnes (President, Songwriters Guild of America, Inc.) and Dr. Joan Fallon (Founder and CEO, Curemark). In his opening statement, Committee Chairman Steve Chabot (R-OH-01) shared that intellectual property protections are an essential element for small businesses seeking to grow. The Chairman shared that small businesses with intellectual property protections in place grow 32% more than those without intellectual property protections. In his testimony, Mr. Carnes encouraged members of the Committee to consider co-sponsoring the Copyright Alternative in Small-Claims Enforcement Act of 2017 (CASE Act) as a way to help small creators. Read more here. On Tuesday, May 22nd at 10 a.m. the House Judiciary Committee will hold an oversight hearing for the United States Patent and Trademark Office, featuring USPTO Director Andrei Iancu as the sole witness. Read more here. Commerce Committee Chairman Greg Walden (R-OR) wrote an op-ed in the San Francisco Chronicle this week urging tech CEOs to come testify before the Committee and “explain your business model, and enlighten consumers about how your industry affects” the lives of consumers. Read more here. On Tuesday, May 22nd at 2:15 p.m. the Senate Foreign Relations Committee will vote on “The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” Read more here. Judicial Updates:Kirk Hammett, Metallica’s leader guitarist told Swedish TV show Nyhetsmorgon this week that the band still believes suing Napster for copyright infringement was the right thing to do. “The whole Napster thing – it didn’t do us any favors whatsoever,” Hammett said. “But you know what? We’re still in the right on that—we’re still right about Napster, no matter who’s out there” saying Metallica was wrong. Read more here.III. Administration Updates:                                                                                                      On Wednesday, United States Trade Representative (USTR) Robert Lighthizer spoke with the New Democrat Coalition, a group of moderate, trade-supportive Democrats, on the prospects for a renegotiated NAFTA deal. USTR Lighthizer reportedly told the group that he was not optimistic about an agreement coming together in the near term, meaning that a Congressional vote on the deal would likely extend into 2019. Read more here. Democratic Federal Trade Commissioner Rohit Chopra released his first official statement as commissioner this week. Read his comments here. International Updates:In an interview with Global Atlanta this week, Anthony Phillipson, the U.K.’s trade commissioner for North America, discussed the potential for a U.S.-U.K. free trade agreement in the near future. “We start by thinking about an FTA because we felt that there was something meaningful that could be done by TTIP, so we want to be clear about whether we can capture some of those gains in a U.K.-U.S. context,” Mr. Phillipson told Global Atlanta. Read more here. S. Ambassador to Japan William Hagerty told a conference in Tokyo this week that the U.S. and Japan will “move rapidly” to finalize a bilateral trade deal. “Trade is very important to us. I think we’re going to move rapidly toward getting something done on trade,” Hagerty said, adding that USTR staff had visited Japan “just this past week” to iron out details. Read more here. Industry Updates:On Monday, May 21st from 5:00-8:00 p.m. PDT the World Affairs Council of Seattle will host a debate on the future of U.S.-China relations. Read more here. On Wednesday, May 23rd from 7:30 a.m. to 10:00 a.m. the Heritage Foundation will hold an event titled “Examining Trade” featuring Secretary of Commerce Wilbur Ross and Sens. Manchin (D-WV) and Sasse (R-NE). Read more here., CONTENT & TECHNOLOGY POLICY REPORT MAY 18, 2018
    • PATENT & TRADEMARK POLICY REPORT JUNE 22, 2018Headlines and Highlights:·         House Judiciary Committee to summon social media CEOs for June 26th hearing. ·         USPTO issues its 10 millionth patent. ·         White House releases report outlining China’s intellectual property theft. ·         Former U.S. Ambassador to Mexico writes op-ed urging NAFTA negotiators to quickly pass renegotiated agreement. ·         Former House Judiciary IP counsel writes op-ed urging Administration to not let “Big Tech” take over NAFTA negotiations. ·         USPTO adds 20 new law schools to its Law School Clinic Certification Program. ·         USPTO seeks nominations to fill upcoming vacancies on PPAC and TPAC.   Congressional Developments:On June 27th, the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on the proposed Sprint/T-Mobile merger. This week, POLITICO reported that the House Judiciary Committee has summoned CEOs from leading social media companies for a June 26th Read more here. The Senate Judiciary Committee on Thursday held an Executive Business Meeting to consider the Music Modernization Act. The bill was listed for consideration but was held over for one week and will be marked up on June 28th.” Administration Updates: This week, the Trump Administration revealed that Secretary of Commerce Wilbur Ross and Gilbert Kaplan, the Commerce Department’s international trade undersecretary, would lead a trade mission to Africa later this month in an effort to deepen ties with the African business community. Ross will visit Ghana and Kaplan will head the delegation in Ethiopia, Kenya, and Ivory Coast. On Tuesday, the White House released a report titled “How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World.” Read the report here.III. USPTO Updates:Registration is now open for Invention-Con 2018, a free two-day conference that will be held at the USPTO headquarters in Alexandria, Virginia, on August 17-18 from 8 a.m. – 5 p.m. ET each day. This year’s theme is "From Concept to Commercialization." The United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 6, 2018. Submission details can be found in the Federal Registration Notice. The United States Patent and Trademark Office (USPTO) today announced that 20 new law schools have joined the USPTO’s Law School Clinic Certification Program, and five currently participating law schools have added a second clinic program, during the 2016-2018 expansion. Eight law schools have joined both the patent and trademark portions of the program, five law schools have joined the patent portion of the program, and 12 law schools have joined the trademark portion of the program. The new law schools join the 43 law schools that were participating in the program, bringing the total number of participating law schools to 63. The Rocky Mountain Regional Office and Technology Center (TC) 2600 are holding a combined Customer Partnership Meeting on Tuesday, July 17, from 8:15 a.m. to 3 p.m. MT. The United States Patent and Trademark Office (USPTO) this week issued U.S. patent number 10 million. More than just a number, patent 10 million celebrates the rich history and strength of the American intellectual property system dating back to the first U.S. patent, signed 228 years ago by George Washington on July 31, 1790, and issued to Samuel Hopkins for a process of making potash, an ingredient used in fertilizer. “Innovation has been the lifeblood of this country since its founding,” said Secretary of Commerce Wilbur Ross. “Our patent system’s importance to the daily lives of every American has never been greater. Given the rapid pace of change, we know that it will not take another 228 years to achieve the next 10-million-patent milestone.” Judicial Updates:On Wednesday in an opinion by Judge O’MALLEY, the Federal Circuit vacated the USPTO’s dismissal of Royal Crown’s trademark opposition. Coca-Cola sought to register trademarks for “various soft drinks and sports drinks including the term ZERO.” Royal Crown argued that Coca-Cola should be required to disclaim the term ZERO apart from the marks as a whole because ZERO was generic for the subset of beverages with few or no calories and was merely descriptive of Coca-Cola’s products.The Federal Circuit found that the USPTO erred by considering only whether the term was generic for the entire genus of goods identified and not “whether the relevant consuming public would consider the term ZERO to be generic for … the subcategory of the claimed beverages encompassing the specialty beverage categories of drinks with few or no calories or few or no carbohydrates.” The USPTO also erred by failing to “make any finding as to the degree of descriptiveness conveyed by the term ZERO in the marks” before concluding that the mark had acquired distinctiveness. (IPO Daily News) International Updates:On Monday, Rae Steinbach of 150Sec wrote an article outlining the IP protection system in Europe, including the Unitary Patent system which will come into effect in 2019. Read more here. Industry Updates:On Tuesday, Early Anthony Wayne, a public policy fellow at the Wilson Center and a former U.S. Ambassador to Mexico and Argentina, wrote an op-ed urging NAFTA negotiators to redouble efforts to pass a renegotiated agreement. ”An agreement that preserves and increases the almost 14 million American jobs supported by NAFTA is clearly in the U.S. interest,” Wayne writes. “But, important differences remain on issues including the auto rules, intellectual property, agricultural market access, labor, geographical indications, dispute settlement, government procurement and whether or not to have a “sunset clause” (an issue that helped set off the public clash with Canada).” Read more here. On Monday, Stephanie Moore, an former chief counsel to the House Judiciary IP Subcommittee and former senior adviser to the Register of Copyrights, wrote an op-ed in the Houston Chronicle urging the United States Trade Representative and Congress to not let Big Tech “take over the NAFTA negotiations.” Moore alleges that Big Tech is “actively working to have the most expansive, unreformed versions of these broken and dangerous safe harbors embedded in the new NAFTA. That would effectively cut out the Congress and the Copyright Office and prevent U.S. policymakers from fixing a 20-year-old mistake — right at the very moment when reform is finally possible and imminently necessary.” Read more here.
    • CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 23, 2018Headlines and Highlights:·         House Ways and Means Democrats send letter to Chairman Reichert asking for NAFTA oversight hearings. ·         CPTPP official text released with changes made to IP chapter. ·         Rep. Walters to include language from SESTA bill in her FOSTA bill. ·         Reed Cordish, Trump Administration tech advisor, to step down. Congressional Updates: Axios reported this week that “several Silicon Valley leaders are bankrolling” California State Senate leader Kevin de Leon in his challenge to unseat Sen. Dianne Feinstein (D-CA) in the Democratic primary. Axios reports that many in Silicon Valley see Feinstein as “out of step with their fast-growing industry and have clashed with her over issues like encryption.” Read more here. On Thursday, a group of House Ways and Means Democrats sent a letter to House Ways and Means Trade Subcommittee Chairman Dave Reichert (R-WA) urging him to hold an oversight hearing of the Administration’s efforts to renegotiate NAFTA. Read the letter here. POLITICO reported this week that Senate Minority Leader Chuck Schumer (D-NY) lifted his hold on Gilbert Kaplan’s nomination to be Undersecretary of Commerce for International Trade. Kaplan has already cleared the Senate Finance Committee but still awaits a Senate floor vote. Read more here. This week, Rep. Tom Rooney (R-FL), a member of the Recording Arts and Sciences Congressional Caucus, announced he would not seek reelection. Reps. Rooney and Crowley (D-NY) introduced the Allocation for Music Producers (AMP) Act early in the 115th Congress. The AMP Act would amend federal law to improve royalty payments to producers and sound engineers. Rep. Rooney has also been an active supporter of other music bills, including as a cosponsor on the Music Modernization Act and CLASSICS Act. On Wednesday, Rep. Mimi Walters (R-CA) announced that she would offer an amendment to her sex trafficking legislation, the Fight Online Sex Trafficking Act (FOSTA), that would add language from the Senate version, the Stop Enabling Sex Traffickers Act (SESTA), to allow law enforcement and victims to take websites to court for knowingly facilitating sex trafficking. “The FOSTA-SESTA legislation will significantly help prosecutors crack down on websites that promote sex trafficking, while providing much needed recourse for the thousands of men, women, and children who are victims to this evil industry,” Walters said in a press release. While the amended legislation was praised by anti-sex trafficking groups it was criticized by tech advocacy group Engine. Evan Engstrom, Engine’s Executive Editor said the move will not help prosecutors stop bad actors online and only “increase the risk of unforeseen liability for startups…” Read more here. Judicial Updates:This week, the family of the late author Paul Zindel sued director Guillermo del Toro and Fox Searchlight for copyright infringement, alleging del Toro’s film The Shape of Water copied aspects of Zindel’s 1969 play Let Me Hear You Whisper. "Despite the glaring similarities between the Play and the obviously derivative Picture, Defendants never bothered to seek or obtain a customary license from Plaintiff of motion picture and ancillary rights to the Play, nor did Defendants credit Zindel on the Picture," writes attorney Marc Toberoff in the complaint. Fox Searchlight called the claims “baseless” and pledged to “vigorously” defend themselves. Read more here.III. Administration Updates:                                                                                                                                  Last Friday, The Washington Post reported that Reed Cordish, a senior Trump administration adviser on government-to-government and technology initiatives, is stepping down. Cordish will be replaced in his post as assistant to the president in the Office of American Innovation by Brooke Rollins, a former aide to Energy Secretary Rick Perry from his time as Texas governor. Read more here      International Updates:On Wednesday, the New Zealand government released the official text of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP, formerly known as the Trans-Pacific Partnership (TPP) but changed after the U.S. decided to withdraw last year, is an 11 nation trade pact between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. More than 20 provisions have been suspended or changed in the final text, including rules around intellectual property. Read the intellectual property chapter here and the entire text here. This week, Graham Burke, co-CEO of Village Roadshow, one of Australia’s leading movie companies, criticized Google for “facilitating crime” by allowing piracy, and inviting the company to sue him for his comments. Burke went on to say that Mad Max: Fury Road and Lion, two of Village Roadshow’s films, lost “millions of dollars” to piracy and that “If piracy isn’t nailed…the Australian film industry will be over.” Read more here. The seventh round of the NAFTA renegotiations begins on Sunday in Mexico City and will end on March 6th.   Industry Updates:On Wednesday, February 28th the Brookings Institution will hold an event on “Trump’s trade policy in Asia: A one-year review.” The event will discuss the Trump Administration’s trade action against China, such as the Section 301 investigation on Chinese intellectual property theft, as well as Administration’s efforts to amend parts of the U.S.-Korea Free Trade Agreement (KORUS). Read more here. On February 8, Professor Scott Galloway published an article in Esquire, called “Silicon Valley’s Tax-Avoiding, Job-Killing, Soul-Sucking Machine.” In his article, Professor Galloway recounts the success of the big four tech companies, argues that they do not pay their fair share of taxes, and that they destroy jobs and discourage innovation and competition. The article advocates breaking up the big four to create more jobs and shareholder value, increase investment in tech, and to broaden the tax base. Read the article here. On February 20, the New York Times published an article by Charles Duhigg, “The Case Against Google,” that considers Google’s effect on other search engines, price comparison sites, and other competing services, and argues that it may be time for government to step in to reign in Google’s anticompetitive behavior. The article sums up antitrust actions, both by government agencies and private plaintiffs, against Google in the European Union and the United States. Read the article here., CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 23, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT MARCH 16, 2018Headlines and Highlights:·         Senate Finance and House Ways and Means Committees to hold hearings on “U.S. Trade Policy Agenda” featuring USTR Lighthizer. ·         Dept. of Commerce releases report on “Defining and Measuring the Digital Economy.” ·         Non-profit releases report detailing Google’s “cultivated links with academics in Europe” to influence tough regulatory stance toward company Congressional Updates: On Monday, Sen. Ron Wyden (D-OR), Ranking Member of the Senate Finance Committee, told reporters that he will not place a hold on the Fight Online Sex Trafficking Act (FOSTA)—legislation that would amend Section 230 of the Communications Decency Act in an effort to hold websites accountable for knowingly publishing ads that facilitate sex trafficking. Wyden went on to warn tech platforms that if they don’t improve the governance of content on their sites they will likely face more bills like FOSTA. “Section 230 gave the companies very significant opportunities to police their platforms. If they don’t do it, this won’t be the only bill,” he said. “The idea that somehow these companies have these neutral pipes is not a view I share.” Read more here. On Wednesday, March 21st at 10 a.m. the House Ways and Means Committee will hold a hearing on the “U.S. Trade Policy Agenda” featuring United States Trade Representative (USTR) Robert Lighthizer. USTR Lighthizer will also testify before the Senate Finance Committee on the same topic on Thursday. More info here. On Tuesday, March 20th at 9:30 a.m. the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY2019 Dept. of Commerce Budget. Secretary of Commerce Wilbur Ross will testify. In an interview with Recode, published on Monday, Senate Minority Leader Chuck Schumer (D-NY) said he is “sympathetic” to tech giants like Facebook and Amazon and he approaches government regulation of them with “care.” “Yes, they’re big,” Schumer said. “Big can do good things as well as bad things, and you’ve got to separate the wheat from the chaff. Would the world be a better place or a worse place if there were no Amazon right now? My guess is a worse place. And yet, there’s a lot of problems, for sure.” Read more here. On Wednesday, Sen. Shelby (R-AL) told reporters that the Senate Appropriations Committee will vote to name the next chairman on April 9th. The current chairman, Sen. Cochran (R-MS), announced he will resign from Congress effective April 1st, citing poor health. Sen. Shelby is widely expected to succeed Cochran as the next full committee chairman. On Friday, Rep. Louise Slaughter (D-NY), Ranking Member of the House Rules Committee and a member of Congress since 1987, passed away. She was 88. Read more here. Judicial Updates:On March 9, clothing retailer Hennes & Mauritz filed a complaint for declaratory judgment at the US District Court for the Eastern District of New York in response to copyright litigation threats by a graffiti artist, whose work was featured in H&M’s promotional materials. The artist, Jason Williams, argues that H&M infringed his copyrights by shooting photos and video in front of his graffiti in Williamsburg, Brooklyn. H&M, meanwhile, says that it checked with the City whether it needed to pay royalties, but the city indicated it did not as the graffiti was not supposed to be on the handball court in the first place. Read more here. On Monday, March 12, the trial against Impax Laboratories for alleged “pay-for-delay” antitrust violations started in Boston, MA. Impax is accused of agreeing to delay the launch of a generic version of an acme medication following an alleged payment of millions of dollars by the drug’s manufacturer. The suit follows the Supreme Court’s 2013 decision finding that such arrangements may violate antitrust laws. Impax has denied the existence of any agreement. Read more here.III. Administration Updates:                                                                                                                This week, President Trump selected Larry Kudlow, a CNBC television commentator, to serve as the next Director of the National Economic Council (NEC) following Gary Cohn’s resignation. As Director of the NEC, Kudlow will be President Trump’s top economic advisor. Read more here. On Thursday, the Department of Commerce’s Bureau of Economic Analysis released a report titled “Defining and Measuring the Digital Economy” which claims the digital economy has grown at an average annual rate of 5.6 percent from 2001-2016. The report further showed the digital economy sector, including e-commerce, network infrastructure and digital media, accounted for $1.2 trillion, or 6.5 percent, of gross domestic product. Read more here. International Updates:This week, Merlin, a London-based agency that represents 20,000 independent record labels and makes up 12% of the world’s digital music catalogue, signed licensing deals with five of China’s biggest streaming services, including Tencent, Alibaba, and NetEase. Read more here. On Friday, the Campaign for Accountability, a Washington-based non-profit, published a report titled “Google’s Academic Influence in Europe” that details the search engine’s “cultivated links with academics and research organizations across Europe to influence the region’s tough regulatory stance toward” the company. Read the report here. Industry Updates:On Monday, Tim Berners-Lee, the inventor of the World Wide Web and founder of the World Wide Web Foundation, penned a blog post titled “The web is under threat. Join us and fight for it.” In the letter, Berners-Lee says the web “has been compressed under the powerful weight of a few dominant platforms” which allows for these platforms to act as “gatekeepers” controlling “which ideas and opinions are seen and shared.” Read more here. On Tuesday, March 20th from 12-2:00 pm the Technology Policy Institute (TPI) will host an event titled “Music Licensing – Proposals for Reform” featuring remarks from Rep. Doug Collins, one of the lead sponsors of the Music Modernization Act, and a panel with Chris Harrison, CEO of the Digital Media Association (DiMA); David Israelite, President and CEO of the National Music Publishers Association, and more. According to the press release, the music licensing conference will “discuss current issues in music use, legislative proposals to reform a broken system and forge a way forward that will bring clarity and equity to a licensing framework that currently is neither.” Read more here. On Monday, March 12, 2018, former congressman Charles Boustany (R-LA-3), published a column in The Detroit News, advocating for strong intellectual property protections in the NAFTA renegotiations. In the column, Boustany argues that the negotiators should aim for a 12-year regulatory data protection for biologics in order to ensure continued investment in the research and development of life-saving medicines. He also notes that price controls lead to delayed introduction of medicines. Read the whole column here.    , CONTENT & TECHNOLOGY POLICY REPORT MARCH 16, 2018
    • PATENT & TRADEMARK POLICY REPORT SEPTEMBER 21, 2018Headlines and Highlights:·         White House announces intent to nominate Rep. Issa for USTDA Director. ·         House Majority Whip urges Canada to quickly join updated NAFTA. ·         USPTO announces substantial revision of Standard Operating Procedures for manners before PTAB. ·         EU Competition Chief announces her office has begun questioning Amazon merchants in potential antitrust case.   ·         CEOs of U.S. Chamber, NAM, and BRT send letter to USTR on NAFTA. ·         IPEC publishes request for comments on Joint Strategic Plan. ·         Senate Judiciary Subcommittee to hold “Antitrust Law Enforcement” hearing.   Congressional Developments:On Wednesday, October 3rd at 2:30 p.m. the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on “Antitrust Law Enforcement” featuring Assistant Attorney General for Antitrust Makan Delrahim and FTC Chairman Joseph Simons. Read more here. On Tuesday, House Majority Whip Steve Scalise (R-LA) released a statement calling on Canada to join the updated NAFTA deal that the U.S. struck with Mexico or Congress will move forward in approving the deal without Canada. Scalise cited a “growing frustration with many in Congress regarding Canada’s negotiating tactics” and accused Canada of not being “ready or willing” to make the necessary concessions for a high-standard agreement. Read the statement here. Administration Updates:On Wednesday, President Trump announced his intent to nominate Rep. Darrell Issa (R-CA), Chairman of the House Judiciary Intellectual Property Subcommittee, to be the Director of the United States Trade and Development Agency (USTDA). USTDA is an independent agency tasked with advancing economic development and U.S. commercial interests in developing and middle income countries. Nomination announcement can be found here. On September 13th, the Office of the U.S. Intellectual Property Enforcement Coordinator published in the Federal Register a request for written submissions from the public with respect to development of the Joint Strategic Plan on Intellectual Property Enforcement. This three-year plan outlines the Administration’s intellectual property enforcement strategy. Submissions must be received by November 13, 2018 at 5 p.m. Read the notice here.III. USPTO Updates:On Friday, USPTO Director Andrei Iancu wrote a new post on the Director’s Forum titled “Constitution Week at the USPTO.” Read the post here. On Thursday, the USPTO announced the substantial revision of Standard Operating Procedures for the paneling of matters before the PTAB and precedential and informative decisions. Read more here. Judicial Updates:This week, the New York State Court of Appelas overturned a $115 million judgment against Samsung Electronics from MPEG LA, a group that owns patents used in television sets. Read more here. International Updates:On Wednesday, POLITICO Pro Canada is holding a breakfast event at the University of Toronto’s Munk School of Global Affairs titled “Navigating the New Washington.” The event will feature intelligence briefings from POLITICO reporters who cover trade, economic policy, the White House and midterm elections—and an in-depth conversation with Canadian Ambassador to the U.S., David McNaughton. RSVP here. On Wednesday, EU Competition Commissioner Margrethe Vestager announced that her office has begun questioning merchants on Amazon’s use of their data, and whether Amazon is using that data to secure an advantage in selling products against those same retailers. "These are very early days and we haven't formally opened a case. We are trying to make sure that we get the full picture," Vestager said during a news conference Wednesday. Read more here. Industry Updates:On Monday, the CEOs of the U.S. Chamber of Commerce, National Association of Manufacturers and the Business Roundtable sent a letter to United States Trade Representative (USTR) Robert Lighthizer outlining their six priorities for updating NAFTA. One of the priorities they highlighted was prioritizing modernization, specifically by including strong rules on intellectual property in the trilateral agreement. Read the letter here.      , PATENT & TRADEMARK POLICY REPORT SEPTEMBER 21, 2018
    • PATENT & TRADEMARK POLICY REPORT FEBRUARY 2, 2018Headlines and Highlights:    ·         Senate expected to confirm Andrei Iancu to serve as next USPTO Director on Monday. ·         36 Republican Senators send letter to Trump urging him to modernize, not terminate, NAFTA. ·         White House releases fact sheet alleging China IP theft costs U.S. “billions of dollars” each year. ·         Google’s parent company announces John Hennessy as next Executive Chairman. ·         USPTO holds quarterly PPAC meeting. ·         Senate Minority Leader Schumer recommends a top aide, Rebecca Slaughter, for seat on FTC. ·         IACC releases “Year in Review” report for 2017. ·         President Trump promises to protect IP in State of Union address. Congressional Developments:On Tuesday night, a group of 36 Republican Senators, led by Sen. Cory Gardner (R-CO), sent a letter to President Trump “outlining a way forward on NAFTA.” While the Senators urged Trump to preserve NAFTA, they did highlight a few areas where there are “opportunities to improve the agreement.” Specifically, they suggested “modernizing NAFTA to increase market access, expand energy exports to maximize domestic energy production and including provisions on intellectual property and e-commerce…” Read the letter here. According to a report by Reuters, this week, Senate Minority Leader Chuck Schumer (D-NY) has recommended that the White House nominate one of his top aides, Rebecca Slaughter, to a Democratic seat on the Federal Trade Commission (FTC). Read more here. On Tuesday, the Senate reached an agreement to hold a confirmation vote on Andrei Iancu—the nominee to serve as next Director of the United States Patent and Trademark Office (USPTO)—on Monday, February 5th. Read more here. Administration Updates: A White House fact sheet released on Tuesday night estimated that Chinese intellectual property policies and practices cost the U.S. “billions of dollars each year.” Although the fact sheet hinted at the ongoing United States Trade Representative (USTR) investigation into the matter, which began in August 2017, it could serve as a barometer for the type of damages the U.S. could claim in its Section 301 investigation. Read more here. During a press conference earlier this week, U.S. Trade Representative Lighthizer asserted that “some progress was made” during the sixth round of North American Free Trade Agreement (NAFTA) talks. However, he also clarified that renegotiations “are progressing very slowly.” Specifically, Mr. Lighthizer offered that one point of contention for the United States was the proposed rules of origin language for automobiles, which he claimed were enormously vague. Read more here. During his first State of the Union address on Tuesday, President Trump vowed to protect intellectual property in trade agreements. Specifically, he stated, “We will work to fix bad trade deals and negotiating new ones,” adding that “we will protect American workers and American intellectual property, though strong enforcement of our trade rules.” Read more here.III. USPTO Updates:The USPTO issued a revision to the ninth edition of the Manual of Patent Examining Procedure (MPEP), which is a reference work on the practices and procedures relative to the prosecution of patent applications before the USPTO. MPEP outlines the required procedure for the normal examination of a patent application for examiners, applicants, attorneys, agents, and other members of the public. The revisions include updates to the Table of Contents, Foreward, Introduction, Subject Matter Index, and all Appendices except Appendix I and Appendix P. Read more here. On Thursday, February 1st, 2018 the United States Patent and Trademark Office (USPTO) held its quarterly Patent Public Advisory Committee (PPAC) meeting from 9:00 am to 2:45 pm. Acting Chief Information Officer David Chiles appeared before the committee. Much of Chiles’ presentation, and the presentations of those within the IT department, were detailed discussions of the progress of various IT projects. There was no discussion of the Open Data initiative. Chiles did talk at length about the work he is doing, in conjunction with the USPTO finance department, to strategize ways to retain quality IT employees. Judicial Updates:Yesterday in an opinion by Judge O’Malley, the Federal Circuit vacated a USPTO inter partes review decision that Paice’s claims were obvious. The claims related to voltage and current output requirements in a hybrid vehicle motor. Paice argued that the Board erred in concluding that a PCT publication was prior art to its claims, which claimed priority to an earlier-filed U.S. patent application. The Federal Circuit said that the USPTO erred in ruling that the earlier-filed application did not incorporate Severinsky by reference. A “broad and unambiguous” incorporation clause identified “with detailed particularity the specific material subject to incorporation.” A sentence referring to differences from Severinsky related only to certain aspects of the inventions and was irrelevant to “the extent of incorporation.” The Court remanded for the USPTO to determine whether the earlier-filed application provided adequate written description support for the challenged claims. (IPO Daily News) International Updates:The International AntiCounterfeiting Coalition (IACC) this week released its “Year in Review” report for 2017. In the reports opening remarks, IACC president Bob Barchiesi said that “this past year marked a period of accelerated work in brand protection.” “And while we are proud of what we accomplished in 2017, we know our work is not done.” Barchiesi added that in the coming months, IACC will announce “new partnerships and programs” to fight counterfeiting. Read more here. Industry Updates:Alphabet Inc., the parent company of Google, announced in a regulatory filing this week that John Hennessy, a former Stanford University president and one of Google’s first users, would replace Eric Schmidt as Executive Chairman. Read more here. This week, U.S. Immigrations and Customs Enforcement (ICE) representatives announced that enforcement actions led by Homeland Security and ICE had led to seizures of over 171,926 counterfeit sports and entertainment-related items worth an estimated $15.69 million. “Intellectual property theft is a serious crime, and black-market organizations descend on the Super Bowl and other major sporting events to sell counterfeit goods and substandard merchandise to unsuspecting consumers,” said ICE Deputy Director Thomas D. Homan. “ICE agents are committed to investigating the trafficking of counterfeit goods that wreak havoc on local economies, threaten the health and safety of the American public and fund criminal organizations engaged in other illegal activities.” Read more here.  , PATENT & TRADEMARK POLICY REPORT FEBRUARY 2, 2018
    • PATENT & TRADEMARK POLICY REPORT APRIL 27, 2018Headlines and Highlights:·         New Democrat coalition members send letter to USTR on NAFTA. ·         White House sends delegation to China to resolve trade issues. ·         Canadian government releases details of “Intellectual Property Strategy” ·         USTR issues Special 301 Review. ·         PPAC and TPAC meetings set for May 3rd and 4th, respectively. ·         Senate approves all five FTC nominees. ·         Lawmakers urge Congress to fund dormant Office of Technology Assessment. ·         President Trump issues proclamation recognizing World IP Day. ·         UK ratifies Unified Patent Court Agreement.   Congressional Developments:Gary Andres, who served as the majority staff director for the House Energy and Commerce Committee from January 2011 to February 2017, has been named the new majority staff director of the House Ways and Means Committee. Andres has most recently worked as senior executive vice president for public affairs at the Biotechnology Innovation Organization. Read more here. On Thursday, Reps. Takano (D-CA) and Foster (D-IL) introduced a resolution urging funds for the Office of Technology Assessment, an organization—dormant since 1995—that provides nonpartisan policy recommendations on technical issues. Sen. Wyden (D-OR) filed a similar measure in the Senate. Read more here. On Thursday, a dozen members of the New Democrat Coalition—a group of pro-trade Democrats—sent a letter to United States Trade Representative (USTR) Lighthizer warning him that his approach toward the NAFTA renegotiation may not get the bipartisan support he wants. The members allege that USTR is placing its focus “in the wrong places” and should instead work on implementing enforceable labor and environment rules and strong digital trade provisions. Members that signed the letter include Reps. Ron Kind (WI), Derek Kilmer (WA), Suzan Delbene (WA), and Jim Cooper (TN), amongst others. Read more here. On Wednesday, the Senate Commerce Committee unanimously approved the nomination of Rebecca Slaughter to serve as a Commissioner on the Federal Trade Commission (FTC). On Thursday, the full Senate confirmed all five of the FTC nominees, including Slaughter. Read more here. Administration Updates: On Tuesday, President Trump announced he will send Treasury Secretary Steven Mnuchin and USTR Lighthizer to China “in a few days” to talk trade with Beijing and work out a potential deal to resolve U.S.-China trade disputes. National Economic Council Director Larry Kudlow and Peter Navarro are also expected to join the delegation. Read more here. On Thursday, World Intellectual Property Day, President Trump issued a proclamation recognizing “how integral intellectual property rights are to our Nation’s economic competitiveness.” President Trump went on to say that he has directed Federal agencies to “aggressively respond” to the theft of IP as a way to “protect American jobs and promote global innovation.” Read more here. On Friday, the Office of the United States Trade Representative (USTR) issue its 2018 Special 301 Review, an annual report on trade barriers to U.S. companies and products due to the intellectual property laws in other countries. Of note, China remains on the Priority Watch List due to continued “trade secret theft, online piracy and counterfeiting…” Read the report hereIII. USPTO Updates:On Yesterday the USPTO issued guidance discussing how post grant proceedings will change in light of the Supreme Court’s decision this week in SAS Institute v. Iancu that USPTO is required to decide the patentability of every claim challenged in a petition for inter partes review. Moving forward, if the Patent Trial and Appeal Board institutes trial, it will institute as to all claims challenged in the petition. For any pending trial in which the Board did not institute on all challenged claims, “the panel may issue an order supplementing the institution decision to institute on all challenges raised in the petition.” Final written decisions will address “all patent claims challenged by the petitioner and all new claims added through the amendment process.” PTAB Chief Judge DAVID RUSCHKE will hold a “Chat with the Chief” webinar on Monday, 30 April at noon to discuss these changes and answer questions. (IPO Daily News) On May 3rd, the USPTO will hold its quarterly Patent Public Advisory Committee (PPAC) meeting. On May 4th the USPTO will hold its quarterly Trademark Public Advisory Committee (TPAC) meeting. On Thursday in an opinion by Judge MAYER, the Federal Circuit upheld a district court’s denial of Communique’s motion for a new trial where the jury found Communique’s patent not invalid but not infringed. The patent claimed a system that established a “private communication portal. . .which allows an individual using a remote computer to access a personal computer via the Internet.” Communique argued that the trial court improperly allowed Citrix to focus on similarities between its product and a Citrix product that was prior art instead of comparing the asserted claims to the accused product. The Federal Circuit disagreed, holding that a litigant is not precluded “from arguing that if a claim term must be broadly interpreted to read on an accused device, then this same broad construction will read on the prior art.” Judicial Updates:On Thursday in an opinion by Judge MAYER, the Federal Circuit upheld a district court’s denial of Communique’s motion for a new trial where the jury found Communique’s patent not invalid but not infringed. The patent claimed a system that established a “private communication portal. . .which allows an individual using a remote computer to access a personal computer via the Internet.” Communique argued that the trial court improperly allowed Citrix to focus on similarities between its product and a Citrix product that was prior art instead of comparing the asserted claims to the accused product. The Federal Circuit disagreed, holding that a litigant is not precluded “from arguing that if a claim term must be broadly interpreted to read on an accused device, then this same broad construction will read on the prior art.” (IPO Daily News) International Updates:Yesterday UK Minister for Intellectual Property Sam Gyimah confirmed that the United Kingdom ratified the Unified Patent Court Agreement. The international court will allow patent owners to assert and enforce a patent across the European Union with a single court ruling. The UK’s announcement notes that “[t]he unique nature of the proposed court means that the UK’s future relationship with the Unified Patent Court will be subject to negotiation with European partners as we leave the EU.” (IPO Daily News) On Thursday, the Canadian government announced additional details related to its Intellectual Property Strategy. The initiative, according to the Canadian government, is aimed at tackling the problem of companies struggling to commercialize following research and innovation. “We know IP is a critical ingredient in helping Canadian businesses reach commercial success,” said Navdeep Bains, Minister of Innovation, Science and Economic Development. “Canada’s IP Strategy will make sure Canadians know the value of their intellectual property and how to leverage it to innovate, increase profits, and create middle-class jobs.” Read more here. Industry Updates:On Wednesday, May 2nd from 10-11:30 a.m., the Brookings Institution will hold an event titled “The future of trade in U.S.-Japan relations.” The event will feature a keynote address by Akira Amari, a member of the Japanese House of Representatives, as well as a panel. Read more here., PATENT & TRADEMARK POLICY REPORT APRIL 27, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JANUARY 5, 2018 Headlines and Highlights:   ·         Senator Orrin Hatch announces retirement. ·         House Judiciary Committee planning hearing on music industry. ·         Section 115 reform legislation introduced. ·         Spotify facing $1.6 billion mechanical licensing suit. ·         Commerce Dept. to hold public meeting on digital marketplace for copyrighted works.      Congressional Updates: The House was not in session this week. The Senate was in session, but opted not to hold any votes after Wednesday due to a winter storm. On Tuesday, Senator Orrin Hatch (R-UT), the longest-serving Senate Republican and the chairman of the Senate Finance Committee, announced he would retire at the end of the year. Read more here.  With Senator Hatch’s retirement, current Judiciary Committee Chairman Chuck Grassley (R-IA) may have the option to become top Republican on the Senate Finance Committee in 2019, being the most senior Republican on the Finance Committee behind Hatch. If that were to happen, Senator Lindsey Graham (R-SC) is likely to become top Republican on the Judiciary Committee, being next in seniority in the Republican Judiciary Committee ranks. Read more here. Judiciary Committee Chairman Bob Goodlatte (R-VA) told Inside Radio this week that he is planning to hold a field hearing in New York City “in the next few weeks to specifically look at the music industry.” Read more here. On December 21st, Reps. Doug Collins (R-GA) and Hakeem Jeffries (D-NY) introduced H.R. 4706, the Music Modernization Act, legislation that would reform Section 115 of the Copyright Act to create a single ‘Mechanical Licensing Collective’ to administer the mechanical licenses for interactive streaming or digital downloads of musical works. The bill also applies the ‘willing buyer-willing seller’ standard to Section 115 royalty rates. Read more here. Politico reports that the Judiciary Committee seat of former Senator Al Franken (D-MN) will remain vacant until Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) finish “discussing whether the number of seats allotted to each party on committees will be adjusted to reflect the smaller GOP majority” resulting from the election of Senator Doug Jones (D-AL). Read more here. The Stop Enabling Sex Traffickers Act (SESTA) has amassed 60 Senate cosponsors, removing any threat of a filibuster were the bill to come to the Senate floor for a vote. The Senate Commerce Committee approved the bill in November. Read more here. Axios reports that Senator Mark Warner’s (D-VA) office organized a briefing for Democratic Hill staff in November “featuring Tristan Harris, the former Google Design Ethicist who argues that tech companies unethically manipulated their users, and academic Zeynep Tufekci, who is a prominent critic of Silicon Valley.” Axios obtained an invitation to the briefing, which reads, “Drawing on behavioral psychology research, many technology platforms actively condition user behavior, designing (and refining) products to be intentionally habit-forming. But these developments also raise important questions related to consumer protection, fake news/misinformation, antitrust/competition, and privacy.” Read more here. Judicial Updates:   Last Wednesday, Wixen Music Publishing sued Spotify for $1.6 billion, claiming that the streaming company has been using songs Wixen administers without license or compensation. "Spotify brazenly disregards United States copyright law and has committed willful, ongoing copyright infringement," the publisher stated in its lawsuit. "Wixen notified Spotify that it had neither obtained a direct or compulsory mechanical license for the use of the works. For these reasons and the foregoing, Wixen is entitled to the maximum statutory relief." Read more here. Sony Music has reached a settlement with stars of the television singing content American Idol, who sued Sony over the compensation arrangement for revenue from digital streams of their recordings. The terms of the settlement have not been made public, according to the Hollywood Reporter. Read more here.     III. Administration Updates:                                                                                    The Commerce Department’s Internet Policy Task Force will hold a public meeting titled ‘Developing the Digital Marketplace for Copyrighted Works’ on January 25 at the USPTO headquarters in Alexandria, Virginia. Read more here. CNBC reports that a draft report on Chinese violations of U.S. intellectual property is “circulating among agencies.” The report’s allegedly “muscular” recommendations “are still being discussed, but could be made public this month,” according to an unnamed administration official. The New York Times cites “trade analysts” as suggesting that the administration “might consider restrictions on Chinese investment in the United States, as well as tariffs on Chinese products.” Axios reports that it is “quite likely Trump will use 301 authority [in January] to put tariffs on Chinese consumer electronics as retaliation against” intellectual property theft. Axios further notes that although Gary Cohn and Steve Mnuchin “don’t like tariffs, they’re comparatively comfortable with targeted actions against truly bad actors, as in this case.”   International Updates:   Reuters reports that China’s state council announced on Wednesday that it will improve intellectual property protections in the country, but no further details were provided in the Reuters report. United Kingdom Minister of State for Security said in a recent interview that if internet platforms “continue to be less than co-operative” in combating terrorist activity online, “we should look at things like tax as a way of incentivizing them or compensating them for their inaction.” He further said, “we should stop pretending that because they sit on beanbags in T-shirts they are not ruthless profiteers.” Read more here.     Industry Updates:   Total music consumption in the United States rose 12.5 percent in 2017, with the R&B/hip-hop genre taking the highest share (24.5%) of music consumption, according to figures from Nielsen. Read more here. British Phonographic Institute (BPI) figures show that in 2017 streaming accounted for the majority of UK music consumption, excluding radio. Separate figures from the Entertainment Retailers Association show that streaming revenues from subscription services like Spotify rose 41.9% in 2017. Read more here and here. Bloomberg has published a profile of YouTube Global Head of Music Lyor Cohen’s efforts to improve YouTube’s relationship with the music industry, an effort which includes promises of “financial support for videos, promotion for new releases and a crackdown on free music.” Read more here. News Corp CEO Robert Thomson said in a wide-ranging interview with Digiday that he hopes Google will provide publishers with “subscription mechanics and permissioned data about [their] users,” adding that Google’s discontinuation of the controversial ‘first click free’ policy is a “first step.” He also said that “in Washington, there is a time of reckoning” with respect to regulation of large technology platforms,” and “the digital world is dysfunctional from a content creative perspective.” Read more here. In a Salon article, writer Rick Gell contends that the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) have allowed internet platforms like Facebook and Google to “disregard long-standing laws and protocols governing intellectual property, media consumption and news, fueling growth at a scale only possible with such blanket immunity.” Gell further writes that these laws allowed “Silicon Valley giants to become sinfully rich, with a concentration of power not seen since the 1920s,” and argues that “the digital revolution could have succeeded without the ‘disruption’ and their disregard for copyright and content creators.” Read more here. In a New York Magazine piece, writer Brian Feldman predicts that 2018 “will be the year of the YouTube moral panic,” arguing that objectionable content on YouTube “is not an anomaly, but a rational response to the platform’s incentive scheme,” which is based on the generation of “high engagement numbers.” Read more here., January 6, 2018 Content & Technology Policy Report
    • CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 19, 2018Headlines and Highlights:·         USTR formally notifies Congress of intent to negotiate trade deals with the EU, Japan and U.K. ·         Sen. Cruz mulls repealing Section 230 if tech companies don’t act impartially towards all content. ·         Dina LaPolt warns of “sneak attack” on creators’ rights through ALI project. ·         ACTION for Trade applauds IP protections in USMCA, calling it a “historic achievement". Congressional Updates:On Tuesday, October 16th, the Office of the United States Trade Representative (USTR) sent three letters formally notifying Congress that it intends to initiate discussions to establish free trade agreements with the European Union, Japan, and the United Kingdom. The letters confirm that, in accordance to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015,  the administration will initiate negotiations with Japan and the European Union no sooner than 90 days after the official notice. The letter on the United Kingdom explains that the administration intends to initiate discussions with the United Kingdom after it exits from the European Union on March 29, 2019. During an interview with Bloomberg News on Tuesday, October 16th, Senate Majority Leader Mitch McConnell asserted that Congress will not vote on the U.S.-Mexico-Canada (USMCA) trade agreement until next year. He stated, “that will be a next year issue because the process we have to go through doesn’t allow that to come up before the end of this year.” Watch the full interview here. On Tuesday, during a debate with Beto O’Rourke, the Democratic candidate running to replace him, Sen. Ted Cruz (R-TX) said that if tech companies are not acting impartial to content, they should not be protected by the Section 230 rules that say they are. “Right now, big tech enjoys an immunity from liability on the assumption they would be neutral and fair,” the senator said. “If they’re not going to be neutral and fair, if they’re going to be biased, we should repeal the immunity from liability so they should be liable like the rest of us.” Read more here. Judicial Updates:This week, Dina LaPolt, owner and president of LaPolt Law, P.C., penned an op-ed in Billboard warning of a “sneak attack” on creators’ rights by certain members of the American Law Institute (ALI) and their “Copyright Restatement” project. ALI is a group of prominent lawyers and judges who write “influential summaries of the law called ‘Restatements’” LaPolt writes. These Restatements are used as cheat sheets for judges, scholars and lawmakers who need to understand the law. The ALI projects are supposed to be neutral. However, LaPolt writes, the copyright project is being led by “anti-creator” types with “a goal of tilting the playing field and producing a very biased Copyright Restatement that shortchanges songwriters, artists, and the copyright holders.” Read more here.III. Administration Updates:                                                                                                                                                                POLITICO reported on Thursday that President Trump wants to do a ceremonial signing of the recently completed U.S.-Mexico-Canada Agreement (USMCA) before the November midterms. Given that the deal can only be officially signed 60 days after the agreement was signed, the ceremony would only be for show. The White House has considered holding the signing in a Midwestern city, but Canadian and Mexican officials have thus far refused to participate until the steel and aluminum tariffs on the two countries are removed. Read more here. International Updates:On Thursday, members of the Australian House of Representatives introduced legislation to extend site blocks of infringing websites to proxies and mirrors that are found to be primarily engaged in facilitating access to copyright-infringing content. Additionally, the bill requires search engines to support efforts to block pirate sites. Creative Content Australia (CCA), an industry organization committed to raising awareness about the value of copyright, welcomed the bill introduction, saying pirate sites’ business models are based around “scamming people.” Read the bill here. Industry Updates:On Monday, October 15th, 2018, the United States Copyright Office held an event titled “Extra! Extra! The Scoop on Copyright Law and the News.” A panel including experts from industry and academia discussed the importance of copyright to journalism in the 21st Watch the event online here. Former U.K. Deputy Prime Minister, Nick Clegg, has been hired by Facebook to lead its global affairs and communications team, the Financial Times reports. FT reports that Clegg’s hiring suggest Facebook is “trying to boost its connections in Brussels” where they face a number of regulatory challenges. Read more here. The Copyright Royalty Judges posted to eCRB their final determination of Royalty Rates and Terms for SDARS and PSS. The text is redacted to remove confidential information. The Judges sent the determination to the Acting Register of Copyrights on October 11, 2018. The Acting Register can review the Judges’ final determination for legal error in resolving a material issue of substantive copyright law. The Librarian of Congress shall cause the Judges’ final determination, and any corrections by the Acting Register, to be published in the Federal Register no later than the conclusion of the sixty-day review period. To read the written determination, click here. The U.S. Copyright Office is building a new registration system to meet the demands of the digital age. As the Office develops a new technological infrastructure for this system, it is considering several legal and policy changes to improve user experience, increase Office efficiency, and decrease processing times. The Office is seeking public comment to inform its decisions on how to improve the regulations and practices related to the registration of copyright claims. Read more here. This week, ACTION for Trade, an industry group focused on strengthening intellectual property rights and protections in trade agreements, called the U.S.-Mexico-Canada Agreement (USMCA) a “historical achievement.” “The USMCA represents a marked improvement of many of the intellectual property protections critical to innovators in the Trans-Pacific Partnership in important ways,” said Brian Pomper, executive director of ACTION for Trade. Read more here., CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 19, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT MARCH 9, 2018Headlines and Highlights:·         Sen. Cochran announces intent to resign on April 1. ·         CFIUS stalls Broadcom takeover of Qualcomm, citing potential national security risks. ·         Rep. Cicilline introduces Journalism Competition and Preservation Act of 2018. ·         SXSW to hold a number of IP-focused panels, including “Tech Under Trump: A 2017/2018 Scorecard” featuring Matt Lira of the Office of American Innovation. Congressional Updates: On Monday, Sen. Thad Cochran (R-MS), Chairman of the Senate Appropriations Committee, announced his intention to resign from the U.S. Senate effective April 1, 2018, citing poor health as the reason. “I regret my health has become an ongoing challenge,” Cochran said. “I intend to fulfill my responsibilities and commitments to the people of Mississippi and the Senate through the completion of the 2018 appropriations cycle, after which I will formally retire from the U.S. Senate.” Read more here. On Wednesday, Rep. David Cicilline (D-RI), Ranking Member of the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law, introduced a bill called the Journalism Competition and Preservation Act of 2018. The legislation would “let news publishers use collective leverage with the tech companies that capture much of digital advertising money.” “Our democracy is strongest when we have a free, open press that informs citizens, holds public officials accountable, and roots out corruption,” said Cicilline. “That’s why I’m introducing the Journalism Competition and Preservation Act. This bill empowers local newspapers to negotiate collectively with the biggest technology platforms to ensure consumers have access to the best journalism possible.” Read more here. On Thursday, March 15th at 10 a.m. the House Science, Space and Technology Committee will hold a hearing on “An Overview of the National Science Foundation Budget Proposal for FY2019” featuring France Cordova, Director of the National Science Foundation, and Maria Zuber, Chair of the National Science Board. The National Science Foundation funds research and education in most fields of science and engineering. It does this through grants, and cooperative agreements to more than 2,000 colleges, universities, K-12 school systems, businesses, informal science organizations and other research organizations throughout the United States. The Foundation accounts for about one-fourth of federal support to academic institutions for basic research. On Tuesday, March 6th, the Senate Committee on Finance held a hearing titled “Protecting E-commerce Consumers from Counterfeits.” The purpose of the hearing was for members on the Committee to consider legislative solutions to identify and stop counterfeit goods from entering the United States marketplace, specifically in the E-Commerce market. Chairman Hatch cited a recent Government Accountability Office (GAO) investigation, which revealed that counterfeiting through E-commerce is “causing major issues” for both the Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE); due to the advancements in online purchasing, the GAO found that federal agencies are being forced to adopt new tactics, and work closer together to identify counterfeit products and remove them from the market. Chairman Hatch urged his colleagues to take the GAO report seriously, as well as better track the CFP’s intellectual property enforcement methods. Watch the hearing here. Judicial Updates:On February 15, the US District Court for the Southern District of New York issued an opinion holding that embedding a tweet of a copyrighted image can constitute direct copyright infringement. The case, Goldman v. Breitbart News, LLC, involved a viral picture of Tom Brady that was tweeted multiple times and those tweets consequently embedded by multiple news outlets to their stories concerning Brady. Read more here. On Monday, March 5, various technology companies sued the FCC over the repeal of the so-called net neutrality rules. The companies, including Etsy, Kickstarter, Foursquare, and Shutterstock, argue that they will be harmed by the rollback when it takes effect in April. Read more here.III. Administration Updates:                                                                                                                                                   Congressional Quarterly (CQ) reported this week on the continued vacancies in the White House Office of Science and Technology Policy (OSTP) as well as the Trump Administration’s “markedly” different approach to open data than the Obama Administration. “The Trump Administration has shown that it does not value science- and data-based policies, proven by its disregard for filling key positions at the White House Office of Science & Technology Policy,” Sen. Maggie Hassan, D-N.H., told CQ. Hassan is one of the seven Democratic senators who has now written to the White House twice about the vacancies — once in April 2017 and again in November — without getting a response. Read more here.    On Wednesday, President Trump tweeted that the U.S. is “acting swiftly on intellectual property theft,” and noting that the U.S. cannot “allow this to happen as it has for many years.” In August 2017, the Office of the United States Trade Representative (USTR) announced an investigation of China to determine if their policies “may be harming American intellectual property rights, innovation, or technology development.” Read more here. International Updates:On Wednesday, the International Authors Forum, a self-described network representing nearly 700,000 professional creators worldwide, sent a letter to MP Dan Ruimy, chair of the Canadian government’s standing committee on industry, science and technology, expressing concern over Canada’s copyright laws. Specifically, the group states they are “concerned that the ongoing extension of the legal principle of ‘fair dealing’ to cover educational uses has created an unjust copyright imbalance for Canadian authors.” The letter comes as the Canadian parliament leads a review of their Copyright Act. Read the letter here. Industry Updates:On Wednesday, the Computer and Communications Industry Association (CCIA), which represents tech giants like Facebook and Google, released a statement criticizing the Journalism Competition and Preservation Act, legislation introduced by Rep. David Cicilline (D-RI) that would allow news publishers to collectively negotiate with big tech platforms. “Curtailing antitrust laws to allow competitors to collude would be harmful to consumers,” said CCIA President Ed Black. “Dynamic, innovative, and competitive companies can prosper in the evolving digital ecosystems centered around content and distribution and exchange. This legislation favors publishers and, in some cases, competitors of leading tech services to the detriment of consumers and the fostering of dynamic markets.” Read more here. This week, the Trump Administration moved to stall a potential takeover of Qualcomm, the leading American chip maker, by Singapore-based Broadcom, citing national security implications. The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a foreign person, is reviewing the deal before it is complete. CFIUS, in a letter to Qualcomm and Broadcom, cited “national security risks related to weakening of Qualcomm’s technological leadership” as well as “risks related to disruption of trusted supply relationship” as red flags. Read more here. On Monday, March 12 at 11 a.m. SXSW will hold a panel at the Hilton Austin Downtown Hotel titled “The Persistence of Patent Trolls in Tech” with panelists including Rep. Darrell Issa (R-CA), Chair of the House IP Subcommittee and Evan Engstrom of Engine. Other panels at SXSW include “Tech Under Trump: A 2017/2018 Scorecard” featuring Matt Lira of the White House Office of American Innovation and “Innovating in Legacy Industries” featuring Sen. Coons (D-DE)., CONTENT & TECHNOLOGY POLICY REPORT MARCH 9, 2018
    • PATENT & TRADEMARK POLICY REPORT JUNE 8, 2018Headlines and Highlights:·         Senate Finance Committee to hold hearing to consider nominations of ITC Commissioners. ·         Senate Appropriations Subcommittee to markup FY2019 CJS bill. ·         NTIA publishes Notice of Inquiry regarding Internet policy priorities. ·         USPTO seeks nominations to fill TPAC and PPAC vacancies. ·         Senate Republicans urge Trump Administration to wrap up NAFTA negotiations by Labor Day. ·         Fareplay to host “Forum on Internet Governance.” ·         EU antitrust authorities are preparing fine of $11 billion of Google. ·         House Ways and Means Chairman urges Administration to continue negotiating NAFTA.   Congressional Developments:On Tuesday, June 12th at 10 a.m. the Senate Finance Committee will hold a hearing to consider the nominations of Jeffrey Kessler to be an Assistant Secretary of Commerce; and Amy Karpel and Randolph Stayin to be a Members of the U.S. International Trade Commission. Read more here. On Thursday, following a bipartisan House Ways and Means Committee meeting with United States Trade Representative Lighthizer, Chairman Brady released a statement urging the Administration to “stay at the table to continue negotiating with Canada and Mexico for a strong and modern NAFTA…” Read more here. On Tuesday, June 12th at 2:30 p.m. the Senate Appropriations Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a markup of the FY2019 Commerce, Department of Justice, and Science Appropriations bill. Administration Updates: This week, the National Telecommunications and Information Administration (NTIA) published a Notice of Inquiry (NOI) seeking comments and recommendations from all interested stakeholders on its international Internet policy priorities for 2018 and beyond. These comments will help inform NTIA to identify priority issues. Comments are due on or before 5 p.m. EST on July 2, 2018. Read more here. Senate Republicans told President Trump during a meeting on Wednesday that they want the NAFTA renegotiations wrapped up by Labor Day, fearing the dispute may impact the midterm election. “There’s a real feeling among the senators that was sent to the president that we need some sort of agreement, at least on NAFTA, by Labor Day,” Sen. Chuck Grassley (R-Iowa), who attended the meeting, told The Hill. Read more here.III. USPTO Updates:Yesterday the U.S. Patent and Trademark Office issued updated patent examination guidance following the Federal Circuit’s decision that the claims at issue in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals were patent-eligible under 35 U.S.C. § 101. The memorandum discusses several aspects of the opinion, which teaches that claims should be considered as a whole and that “method of treatment” claims like those in Vanda, “that practically apply natural relationships,” should be considered patent-eligible under step 2A of the USPTO’s subject matter eligibility guidance, which obviates the need to analyze whether the specified treatment steps are routine or conventional under step 2B. President HENRY HADAD said “We appreciate Director Iancu’s and the USPTO’s efforts to provide clear and predictable patents rights by issuing updated examination guidance, particularly in the challenging area of patent eligible subject matter.” (IPO Daily News) The United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 6, 2018. Submission details can be found in the Federal Registration Notice. Registration closes on June 8 for June 13 TC2800 Circuits Customer Partnership meeting. The event is from 12:30 p.m. – 4:30 p.m. ET at the USPTO main campus in Alexandria, Virginia, regional offices, or remotely via WebEx. The United States Patent and Trademark Office (USPTO or Office) proposes to amend the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to mandate electronic filing of trademark applications and submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence. This proposed rule would further advance the USPTO’s IT strategy to achieve complete end-to-end This document is scheduled to be published in the Federal Register on 05/30/2018 and available online at https://federalregister.gov/d/2018-11353, Judicial Updates:Yesterday in an opinion by Judge TARANTO, the Federal Circuit upheld USPTO decisions that PGS’s claims for “methods and systems for performing ‘marine seismic surveying’” were obvious over a combination of references, rejecting PGS’s arguments that the UPSTO erred in finding a motivation to combine the references. (IPO Daily News) International Updates:Reports this week indicate that European Union antitrust authorities are preparing to fine Alphabet Inc, the parent company of Google, up to $11 billion for abusing its market dominance in software that runs on smartphones. Read more here. Industry Updates:On June 21st, Fareplay will host a half-day event titled “The Forum on Internet Governance”, an educational conference created to “provide greater understanding of the scope and severity of the current problems associated with the internet and explore solutions.” Author Jonathan Taplin will be the keynote speaker and the event will feature panels on safe harbors and the internet’s impact on the creative eco-system. Read more here.The New York Times reported on Wednesday on how the White House’s approach to the North American Free Trade negotiations has frustrated U.S. businesses. Documents obtained by the NY Times show frustrated emails from representatives of the largest American companies, including Walmart, U.P.S., and General Motors. “It is hard to have a discussion when no details are provided of where the administration is really going even at a broad level until after decisions have essentially been made,” Linda Dempsey, the vice president for international economic affairs policy at the National Association of Manufacturers, said in an email to a top United States trade representative official in October. Read more here.      , PATENT & TRADEMARK POLICY REPORT JUNE 8, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JULY 20, 2018Headlines and Highlights: ·         House Administration Committee to hold hearing on “Library of Congress Strategic Plan (Part II).” ·         House Judiciary Committee holds hearing on content filtering on social media sites, Chairman Goodlatte questions lack of platform liability. ·         USTR Lighthizer set to meet with Mexican counterpart next week on NAFTA. ·         TPP-11 countries agreed to start accession talks with potential new countries.  Congressional Updates: This week, the Senate Finance Committee hired Nasim Fussell, former trade counsel on the House Ways and Means Committee, as the majority deputy chief international trade counsel. Fussell most recently served as director of government and regulatory affairs at Pitney Bowes from 2016 to 2018. Read more here. On Wednesday, July 25th at 11 a.m. the House Administration Committee will hold a hearing on the “Library of Congress Strategic Plan (Part II)” More info here. On Thursday, July 26th at 9:45 a.m. the Senate Appropriations Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a hearing on the “U.S. Trade Representative Budget.” On Tuesday, the House Committee on the Judiciary held a hearing entitled, “Social Media Content Filtering Practices.” The hearing featured Ms. Monika Bickert, Head of Global Policy Management, Facebook; Ms. Juniper Downs, Global Head of Public Policy and Government Relations, YouTube; Mr. Nick Pickles, Senior Strategist, Public Policy, Twitter. In his opening statement, Chairman Goodlatte (R-VA) said that online platforms are free to moderate their content as they see fit due to Congress exempting them from liability in the 1990’s. “But the internet of today is almost nothing like the Internet of 1996,” Goodlatte remarked. “Today, we see that the most successful ideas have blossomed into some of the largest companies on Earth. These companies dominate their markets, and perhaps rightfully so given the quality of their products. However, this begs another question—are these companies using their market power to push the envelope on filtering decisions to favor the content the companies prefer?” Watch the hearing here. On Tuesday, the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection held a hearing entitled “Oversight of the Federal Trade Commission (FTC) 2018”. The purpose of the hearing, led by Subcommittee Chairman Bob Latta (R-OH-05) and Ranking Member Jan Schakowsky (D-IL-09), was to examine the effectiveness of the FTC’s policy and enforcement practices in the modern economy. The hearing covered a broad range of topics but focused primarily on consumer data protection and competition. Members of the Committee were particularly concerned with how economic digitalization is impacting the FTC’s work on consumer and competition issues. The Committee raised concerns about Facebook and Cambridge Analytica but FTC Chairman Joseph Simons and the commissioners were unable to comment on the specific details because there is an ongoing investigation into the matter. Chairman Simons urged Congress to enact legislation that will grant the FTC broader authority and enforcement powers to protect consumer’s data. In addition, Chairman Simons provided insights into the Commission’s upcoming hearings this fall where the commissioners will examine where the FTC can modernize its policy with respect to merger enforcement and data security. Judicial Updates:Yesterday Bloombergreported that Novartis AG sued “about two dozen generic-drug makers” for infringing a patent on its best-selling multiple sclerosis drug Gilenya. Novartis to seek to prevent the sale of generic versions until the patent’s expiration in 2027. (IPO Daily News)III. Administration Updates:                                                                                   On Wednesday, President Trump said that the U.S. may complete a trade deal with Mexico, and then do a separate one with Canada later, stoking fears about the future of NAFTA. “We have had very good sessions with Mexico and with the new president of Mexico, who won overwhelmingly, and we’re doing very well on our trade agreement,” Trump said to reporters. “So we’ll see what happens. We may do a deal separately with Mexico and we’ll negotiate with Canada at a later time. But we’re having very good discussions with Mexico.” Read more here. United States Trade Representative (USTR) Robert Lighthizer will meet with Mexico’s Economy Minister on July 26th in Washington, D.C. to address NAFTA sticking points after officials from both countries agreed to step up negotiations and reach a preliminary deal by late August. Read more here. International Updates:This week, the European Union hit Google with a $5 billion antitrust fine for abusing the dominance of its Android mobile operating system. Specifically, EU officials asserted Google has unfairly favored its own services by forcing smartphone makers to pre-install Google apps Chrome and Search in a bundle with its app store, Play. Google said in a statement that it would appeal the ruling. Read more here. K. Trade Secretary Liam Fox said in a speech on Wednesday that the United Kingdom is beginning public consultations on negotiating free trade agreements with the U.S., Australia and New Zealand, as well as potentially joining the Trans-Pacific Partnership (TPP). Read the speech here. Industry Updates:On Thursday, The New York Times published a profile of Rep. Hakeem Jeffries (D-NY-8) in which it argues Rep. Joe Crowley’s (D-NY-14) recent primary loss could be good news for the Brooklyn Democrat. “Jeffries,” the NY Times states, “is likely to try to replace Mr. Crowley as the chairman of the House Democratic Caucus, the fourth-ranking position in the party’s hierarchy.” Rep. Jeffries—a member of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet—has been a staunch supporter of strengthening IP protections during his time in Congress. He has introduced the Copyright Alternative in Small-Claims Enforcement Act of 2017, legislation that would create a dispute resolution program for copyright small claims. He also cosponsored the Music Modernization Act, legislation to modernize music copyright law. Read more here. On Thursday, chief negotiators from the 11 signatories to the Trans-Pacific Partnership (TPP) agreed to start accession talks with potential new member countries in 2019. Thailand, Indonesia, Colombia, South Korea and Taiwan are seen as willing to join the revised TPP. Read more here.  , CONTENT & TECHNOLOGY POLICY REPORT JULY 20, 2018
    •  Headlines and Highlights:·         White House sends four FTC commissioner nominations to Senate. ·         European Commission to launch piracy “watch-list.” ·         Senate Foreign Relations to hold hearing on “Economic Relationship Between U.S., Canada, and Mexico.” ·         AT&T CEO calls on Congress to pass an “Internet Bill of Rights” to end net neutrality debate. ·         Bloomberg releases 2018 Innovation Index, U.S. falls to number 11 spot. ·         Sen. Cory Booker assigned to Senate Judiciary Antitrust Subcommittee. ·         EU fines Qualcomm $1.2 billion for alleged anticompetitive behavior. ·         Trump says he “could rethink” TPP agreement in CNBC interview. Congressional Developments:According to a report by POLITICO, Sen. Cory Booker (D-NJ), who was recently appointed to the Senate Judiciary Committee alongside Sen. Kamala Harris (D-CA), will also get a spot on the Senate Judiciary’s Antitrust Subcommittee. Read more here. On Thursday, President Trump sent four Federal Trade Commission (FTC) nominations to the Senate for consideration. Trump nominated Joseph Simons, an antitrust attorney, as Chairman; Noah Phillips, chief counsel for Senate Majority Whip John Cornyn (R-TX), for a Republican seat; and Delta Airlines executive Christine Wilson for another GOP slot. He also nominated consumer advocate Rohit Chopra for an open Democratic seat. Read more here. On Tuesday, January 30th at 2:30 p.m. the Senate Foreign Relations Committee will hold a hearing on “The Economic Relationship Between the United States, Canada, and Mexico.” The hearing will feature two witnesses: Brian Mulroney, Former Prime Minister of Canada; and Earl Anthony Wayne, retired career ambassador of the U.S. Read more here. Administration Updates: On Tuesday, the White House announced that President Trump intends to nominate acting Federal Trade Commission Chairman, Maureen Ohlhausen, to the U.S. Court of Federal Claims. In October, Trump nominated antitrust lawyer Joseph Simons to replace Ohlhausen as head of the FTC, although he has yet to be confirmed. It is expected that Ohlhausen will maintain her current position until Simons is confirmed. Read more here. In an interview with CNBC on Thursday, President Trump said he “could rethink” the Trans-Pacific Partnership (TPP) trade agreement, but only if the U.S. “made a much better deal than we had.” On the topic of NAFTA Trump lamented the U.S. trade deficit with Mexico and Canada, saying “we can’t continue to do this.” Watch the entire interview here.III. USPTO Updates:The PTAB is hosting the first 2018 “Boardside Chat” webinar on Thursday, February 1 from noon to 1 p.m. ET. The chat will discuss “Design Patent Appeals and AIA Trial Proceedings.” Longtime PTAB Judges Jennifer Bisk, Romulo Delmendo, and Daniel Song will present and address audience questions. This topic is relevant for both ex parte appeal and AIA trial proceedings.   Judicial Updates:On Thursday, in Core Wireless Licensing v. LG Electronics, the Federal Circuit upheld a district court denial of LG’s motion for summary judgment that Core Wireless’s claims were directed to ineligible subject matter under Patent Act section 101. The claims were for improved user interfaces for electronic devices with small screens, such as cell phones. LG argued that that the claims were directed to the abstract idea of an index. The Federal Circuit said that under step one of the two-step Alice test, the claims were directed to a “particular manner of summarizing and presenting information in electronic devices” that was “a specific improvement over prior systems.” Because the claims were not abstract, it was unnecessary to perform the second step of the Alice test. (IPO Daily News) International Updates:On Monday, the European Commission announced that it plans to launch its own piracy “watch list”, similar to the United States Trade Representative’s (USTR) “Out-of-Cycle Review of Notorious Markets” report. “Based on stakeholders’ input, the future watch-list will help to raise awareness of consumers that might be buying products in those marketplaces,” the press release says, “and encourage their operators and owners to crack down on intellectual property abuse.” Read more here. Trade Partnership Worldwide, LLC released the findings of their economic analysis on the effects of terminating the North American Free Trade Agreement (NAFTA) earlier this week. The report, prepared for the Business Round Table, asserts that terminating the trade agreement would have “significant net negative impacts” on both the U.S. economy and employment, and especially in the immediate years following termination. Specifically, the document estimates that 1.8 million workers would immediately lose their jobs in the first year of returning to the most-favored nation (MFN) status for tariffs with Canada and Mexico. This report is especially timely, because President Trump has indicated that he may terminate NAFTA as participating countries began their sixth and second-to-last round of renegotiations earlier this week. Read more here. Antitrust officials from the European Union (EU) imposed a $1.2 billion fine on Qualcomm for allegedly using its market dominance to squash competition. Regulators claim that the smartphone chip maker abused its dominant market position by paying Apple to exclusively use its chips in certain devices between 2011 and 2016, thereby preventing others from competing in the market. This is the latest move in a string of actions from Europe’s antitrust chief Margrethe Vestager to regulate the technology sector. American technology giants are expected to cite this action as further evidence that they are being unfairly targeted, although EU officials deny such accusations. Read more here. Industry Updates:On Monday, ACTION for Trade, a coalition of trade associations, technology companies, and creative organizations—including the MPAA, the Authors Guild, and Oracle—released a poll, conducted by Morning Consult, that found three in four voters believe that NAFTA “should be updated to better protect and value U.S. inventions and creativity.” The poll comes as trade negotiators from the United States, Canada, and Mexico are meeting in Montréal through January 29 for the sixth round of talks about renegotiating the terms of NAFTA. "Both Canada and Mexico have real issues with how they protect innovators' and creators' work," said Brian Pomper, executive director of ACTION for Trade. "The latest round of NAFTA negotiations presents an opportunity to improve the agreement's protections for intellectual property." Read more hereOn Monday, Bloomberg released its 2018 Bloomberg Innovation Index which ranks countries using seven criteria, including research and development spending and concentration of high-tech public companies. The U.S. dropped out of the top ten for the first time in six years, coming in at number eleven. “I see no evidence to suggest that this trend will not continue,” said Robert D. Atkinson, president of the Information Technology & Innovation Foundation in Washington, D.C. “Other nations have responded with smart, well-funded innovation policies like better R&D tax incentives, more government funding for research, more funding for technology commercialization initiatives.” Read more here.On Wednesday, Randall Stephenson, Chairman and CEO of AT&T, published a blog post in which he called on Congress to pass an “Internet Bill of Rights” as a solution to the net neutrality debate. “Congressional action is needed to establish an ‘Internet Bill of Rights’ that applies to all internet companies and guarantees neutrality, transparency, openness, non-discrimination, and privacy protection for all internet users,” Stephenson wrote. The call for action also ran as an ad in several major newspapers. “Legislation would not only ensure consumers’ rights are protected,” Stephenson added, “but it would provide consistent rules of the road for all internet companies across all websites, content, devices and applications.” Read more here. On Tuesday, the Heritage Foundation held an all-day event on “Trump Antitrust Policy After One Year,” featuring panels with a number of current and former Department of Justice, Federal Trade Commission, and other government employees. The panelists overwhelmingly pushed back against the idea that antitrust law needs to be expanded or meaningfully changed in an effort to combat the rise of large companies, especially large technology companies. In fact, following the event, Alden Abbott, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies, and a keynote speaker at the gathering, released a report titled “Antitrust and the Winner-Take-All Economy.” One of the key takeaways from the report is that “using antitrust law to attack companies based on concerns about size, fairness, or political clout is a recipe for reduced innovation and economic stagnation.” Watch the event here. On Monday, January 29th from 10:00-11:30 a.m. the Brookings Institution will hold an event titled “Modernizing trade rules: The TPP and beyond.” The event will feature a number of panelists—including Joshua Meltzer, Senior Fellow at Global Economy and Development and Maki Kunimatsu, Chief Policy Analyst at Mitsubishi UFJ Resarch and Consulting—that will discuss strategies the U.S. and Japan “can pursue in on-going or new trade negotiations to advance TPP rules in these critical areas.” Read more here.    , PATENT & TRADEMARK POLICY REPORT JNUARY 26, 2018
    • PATENT & TRADEMARK POLICY REPORT APRIL 20, 2018Headlines and Highlights:            ·         Senate Judiciary holds USPTO oversight hearing. ·         Trump Administration may withdraw from NAFTA to force Congress’ hand on voting for a renegotiated pact. ·         Senate Commerce to vote on nomination for Rebecca Slaughter to be FTC Commissioner. ·         Ways and Means Democrats send letter to Chairman Brady asking for NAFTA hearings. ·         Raconteur profiles China’s rise in becoming IP powerhouse. ·         Congressional Trademark Caucus to hold sports industry briefing on World IP day. ·         Stephen Moore, Heritage Foundation fellow, writes op-ed urging USTR to protect IP in new NAFTA.   Congressional Developments:The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on Tuesday to discuss how well the Defend Trade Secrets Act of 2016 (DSTA) has protected U.S. companies from trade secret theft. Members from both sides of the aisle joined the panel in praising DSTA for providing trade secret owners with new tools to combat and remedy proprietary data theft. However, each witness testified that a loophole in 28 U.S.C. §1782 needs to be closed to enhance DSTA’s effectiveness. On Wednesday, April 18th, from 10:00 AM-11:30 AM ET, the Senate Judiciary Committee held an oversight hearing on the U.S. Patent and Trademark Office. PTO Director Andrei Iancu was the sole witness at the hearing. The hearing covered a wide range of topics, but mostly focused on PTO’s potential proposals to reform the Patent Trial and Appeal Board (PTAB), proposals to clarify patent eligibility under Section 101, and the importance of properly enforcing against theft of intellectual property abroad. When asked about the timeline for the review process, Director Iancu at first stated that the process was ongoing, without providing further detail. He was later pressed on the timeline by both Senator Kamala Harris (D-CA) and Chairman Grassley (R-IA), and he then stated he hopes to be able to make announcements on the inter partes review (IPR) and post grant review (PGR) process by this summer. He also hopes to issue guidance to help address concerns over Section 101, and stated he would update the committee within 90 days on PTO’s progress on that front. On Tuesday, House Ways and Means Committee Ranking Member Richard Neal (D-MA) and Trade Subcommittee Ranking Member Bill Pascrell (D-NJ) led a letter to Chairman Kevin Brady (R-TX) from all 16 Democrats on the Committee demanding a hearing with the Trump Administration on NAFTA. “More than 25 years ago, during the original NAFTA negotiations, this Committee brought forward United States Trade Representatives, Secretaries of Labor, and Administrators of the Environmental Protection Agency to testify multiple times,” wrote the members. “Yet the Ways and Means Committee has not, to date, convened a single hearing dedicated to the renegotiation of NAFTA with Administration witnesses.” Read the entire letter here. On Wednesday, April 25th the Senate Commerce Committee will vote on the nomination of Rebecca Slaughter to be a Federal Trade Commissioner. On Wednesday, the Congressional Trademark Caucus will hold a sports industry briefing and cocktail reception featuring remarks from Intellectual Property Enforcement Coordinator Vishal Amin and Sens. Coons and Grassley. Additionally, there will be a panel featuring representatives from MLB, NFL, NBA and more. Administration Updates: Amid reports that Congress would wait until a lame-duck session of Congress to vote on a renegotiated NAFTA deal, United States Trade Representative (USTR) Lighthizer is reportedly considering withdrawing from the existing pact even before the new one is ready. In doing so, the Trump Administration thus would force Congress’ hand to vote on the new deal or face not having an agreement with the U.S.’ two largest trading partners. Read more here.III. USPTO Updates:The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently issued a decision regarding the inquiry of whether a claim limitation represents well-understood, routine, conventional activities (or elements) to a skilled artisan in the relevant field. Specifically, the Federal Circuit found that whether a claim element, or combination of elements, represents well-understood, routine, conventional activities to a skilled artisan in the relevant field is a question of fact. The United States Patent and Trademark Office (USPTO) has implemented this decision in a memorandum recently issued to the Patent Examining Corps (the Berkheimer memorandum). The Berkheimer memorandum is available to the public on the USPTO’s Internet Web site. The USPTO is now seeking public comment on its subject matter eligibility guidance, and particularly its guidance in the Berkheimer memorandum to the Patent Examining Corps. The USPTO’s Office of Innovation Development invites you to attend the forum for Small Business Inventors and Entrepreneurs on May 2 from 8 a.m. to 12:30 p.m. ET at the Western Carolina University, Cullowhee Campus (Cullowhee, North Carolina). Judicial Updates:Yesterday in an opinion by Judge REYNA, the Federal Circuit overturned a district court’s grant of summary judgment based on equitable estoppel. John Bean’s patent claimed “a “high-side” auger-type chiller for cooling poultry carcasses.” In 2002, Morris sent a letter to John Bean’s counsel asserting that the patent was invalid and demanding that John Bean produce contrary information or stop making statements alleging infringement. John Bean did not respond. In a subsequent ex parte reexamination, amended and newly added claims were allowed. Shortly thereafter, John Bean sued Morris for patent infringement in district court. The Federal Circuit said that the district court abused its discretion in applying equitable estoppel to grant summary judgment against John Bean. “Because the 2014 reexamination resulted in substantive amendments that narrowed the original claims’ scope as well as the addition of substantively new claims, we find that equitable estoppel cannot apply based on the 2002 Demand Letter challenging the validity of the original claims.” (IPO Daily News) International Updates:Sharon Thiruchelvam of Raconteur published an article this week outlining “How China became a leader in intellectual property.” Thiruchelvam points out that contrary to China’s reputation as an “inveterate bootlegger”, the country is on course to becoming an “IP powerhouse.” Read more here. Industry Updates:This week, Stephen Moore, a co-founder of the Committee to Unleash Prosperity and a senior fellow at the Heritage Foundation, wrote an op-ed on the importance of the Trump Administration to complete the NAFTA renegotiation and ensure it protects IP. “IP-intensive industries—music, entertainment, software and biotechnology among them—support 45 million jobs, nearly a third of U.S. employment, and produce more than $7 trillion of value-added output,” Moore writes. “We know that the US loses about one half trillion a year of income from theft of our IP products abroad. Most of that is in China, but it’s a problem with Mexico and Canada too.” Read more here. On Thursday, John Thorne, General Counsel for the High Tech Inventors Alliance (HTIA), wrote an op-ed in the Washington Times in which he offers ideas to USPTO Director Andrei Iancu—who appeared before the Senate Judiciary Committee this week—on how to improve the patent system. “Ideas that would help include increasing access of PTO examiners to the best technology for identifying the most relevant prior art. A good first step would be support the Big Data for IP Act of 2018 introduced by Sen. Chris Coons and Sen. Orrin Hatch to encourage the PTO to study this issue,” Thorne wrote. “Improving the examination process and the management of examiners would also be key to improving patent quality. A GAO report of 2016 identified some problems and solutions.” Read more here.  , PATENT & TRADEMARK POLICY REPORT APRIL 20, 2018
    • PATENT & TRADEMARK POLICY REPORT OCTOBER 12, 2018Headlines and Highlights:·         Microsoft joins Open Invention Network, allows access to 60,000 patents. ·         USPTO publishes rule changing claim construction standard applied during IPR, PGR and CBM proceedings. ·         Senate passes bill to extend USPTO fee-setting authority for another eight years. ·         USTR Lighthizer meets with Senate advisory committee to discuss future trade deals. ·         Trump and Xi Jinping agree to meet at G-20 next month to discuss trade disagreements. ·         Sen. Warner criticizes Big Tech for “pathetic” response to security concerns. ·         European Patent Office appoints three new vice-presidents.   Congressional Developments:On Wednesday, United States Trade Representative (USTR) Lighthizer told a Senate advisory committee that the Trump Administration has an interest in negotiating trade deals with a number of partners, including the European Union, Japan, and the U.K. Sen. Rob Portman (R-OH) told reporters he didn’t believe it was an official notice of talks, but noted “we can begin to touch gloves. It’s already started,” with respect to Japan and the EU. USTR is required to provide 90 days’ written notice before it formally launches trade negotiations. More info here. On Thursday, Sen. Mark Warner (D-VA), Ranking Member of the Senate Intelligence Committee and a member of the Senate Finance Committee, was interviewed by The Atlantic and he raised concerns with Big Tech’s “pathetic” response to security concerns, and questioned if the Section 230 framework was appropriate for the modern Internet. “The social-media companies fight any changes to Section 230 as if it will provoke the complete destruction of the public square,” Warner says. “Obviously, that is not the case.” Warner goes on to question whether the industry can administer a “decency doctrine” or if Congress will need to step in. Read more here. On Wednesday, October 10th, the Senate Commerce Committee held a second hearing to examine consumer data privacy. In contrast to the Commerce Committee’s first privacy hearing, this hearing invited witnesses that had experience with implementing and assessing recent privacy laws, including the European Union’s (EU) General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA). Witnesses on the panel included the Chairman of the EU’s data protection board, the Chairman of Californians for Consumer Privacy, the Executive Director of Georgetown’s Law Center on Privacy & Technology, and the President and CEO of the Center for Democracy & Technology (CDT). Many Senators on the Committee used the question and answer portion of the hearing to inquire about different provisions in the GDPR. Watch the full hearing online here. Administration Updates:President Trump and Chinese leader Xi Jinping agreed this week to meet next month at the G-20 summit in Buenos Aires in an attempt to resolve their growing trade conflict. Trump has stated he aims to force Beijing to end the stealing of intellectual property from U.S. companies. Read more here.III. USPTO Updates:Thursday night, the Senate passed H.R. 6758, the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). Included in the legislation is an extension of the USPTO’s fee-setting authority for eight years, as well as a requirement that the USPTO study and make recommendations concerning increasing the participation of women and minorities in innovation. The bill is now on its way to the White House for the President’s signature. Find the bill here. The next Patent Public Advisory Committee (PPAC) meeting will be on November 8th at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be October 25th at USPTO Headquarters. The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM) proceedings before the Patent Trial and Appeal Board (PTAB). The final rule replaces the “broadest reasonable interpretation” standard with the federal court claim construction standard that is used to construe a claim in a civil action under 35 U.S.C. § 282(b). This is the same claim construction standard articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc), and its progeny. Additionally, under the final rule, when construing a claim term in an IPR, PGR, or CBM, the PTAB will take into consideration any prior claim construction determination that has been made in a civil action, or a proceeding before the International Trade Commission (ITC), if that prior claim construction is timely made of record in that IPR, PGR, or CBM. Read more here. Judicial Updates:On October 5th, the U.S. International Trade Commission (USITC) announced it would investigate California-based Resmed Inc for a patent infringement complaint related to sleep apnea masks. The complaint was filed by New Zealand medical device maker Fisher & Paykel Healthcare. Read more here. International Updates:Business leaders from the United States and Mexico concluded the tenth meeting of the U.S.-Mexico Dialogue this week. This semiannual, private-sector forum seeks to foster conversation on key economic and trade issues that impact the relationship between the two countries. According to a U.S. Chamber of Commerce statement, discussions focused heavily on analyzing the U.S.-Mexico Canada Agreement (USMCA) and setting shared policy priorities in advance of the seating of the new government in Mexico. Read more here. This week, the European Patent Office (EPO) announced the appointment of three new vice-presidents: Stephen Rowan (UK), Christoph Ernst (Germany) and Nellie Simon (Austria). They will take office on January 1 and serve for five years. More info here. Industry Updates:On Friday, October 18th the Washington International Trade Administration (WITA) will hold an event titled “The U.S.-Mexico-Canada Agreement: What’s New in NAFTA 2.0?” The event will feature a panel consisting of Gov. Matt Blunt, President of the American Automotive Policy Council; Victoria A. Espinel, President and CEO of BSA: The Software Alliance; and Joe Glauber, Senior Research Fellow at the International Food Policy Research Institute. Read more here. This week, Microsoft announced that it will join the Open Invention Network (OIN), an open-source patent consortium. In doing so, Microsoft will allow royalty-free access to 60,000 of their patents for Linux-related open source projects to all OIN members. Read more here.          , PATENT & TRADEMARK POLICY REPORT OCTOBER 12, 2018
    • PATENT & TRADEMARK POLICY REPORT FEBRUARY 23, 2018Headlines and Highlights:·         Rep. Goodlatte sends letter to USPTO Director encouraging him to address “waste and abuse at the agency.” ·         Reed Cordish, Trump Administration tech advisor, steps down. ·         Andrei Iancu sworn in as USPTO Director. ·         House Ways and Means Democrats urge Trae Subcommittee Chairman Reichert to hold NAFTA oversight hearing. ·         Final text of CPTPP released with changes to IP chapter. ·         Seventh round of NAFTA renegotiations set to begin on Sunday. ·         NY Times publishes article on “The Case Against Google.” ·         Next PPAC meeting set for May 3rd.   Congressional Developments:On February 14th, House Judiciary Chairman Bob Goodlatte (R-VA) sent a letter to new USPTO Director Andrei Iancu congratulating him on his confirmation and encouraging him to address waste and abuse at the agency. “In recent years, we have worked closely with the USPTO to eliminate patent litigation abuse by ensuring that only valid patents issue and that invalid patents are invalidated in proceedings before the Patent Trial & Appeal Board (PTAB),” Goodlatte writes. “As a result, we have reduced patent litigation abuse in this country.  We look forward to continuing to work with you to ensure that trend continues while also ensuring that American innovators have adequate protections to secure the investments they need to grow their businesses.” Read more here.Axios reported this week that “several Silicon Valley leaders are bankrolling” California State Senate leader Kevin de Leon in his challenge to unseat Sen. Dianne Feinstein (D-CA) in the Democratic primary. Axios reports that many in Silicon Valley see Feinstein as “out of step with their fast-growing industry and have clashed with her over issues like encryption.” Read more here. On Thursday, a group of House Ways and Means Democrats sent a letter to House Ways and Means Trade Subcommittee Chairman Dave Reichert (R-WA) urging him to hold an oversight hearing of the Administration’s efforts to renegotiate NAFTA. Read the letter here. POLITICO reported this week that Senate Minority Leader Chuck Schumer (D-NY) lifted his hold on Gilbert Kaplan’s nomination to be Undersecretary of Commerce for International Trade. Kaplan has already cleared the Senate Finance Committee but still awaits a Senate floor vote. Read more here. On Wednesday, Rep. Mimi Walters (R-CA) announced that she would offer an amendment to her sex trafficking legislation, the Fight Online Sex Trafficking Act (FOSTA), that would add language from the Senate version, the Stop Enabling Sex Traffickers Act (SESTA), to allow law enforcement and victims to take websites to court for knowingly facilitating sex trafficking. “The FOSTA-SESTA legislation will significantly help prosecutors crack down on websites that promote sex trafficking, while providing much needed recourse for the thousands of men, women, and children who are victims to this evil industry,” Walters said in a press release. While the amended legislation was praised by anti-sex trafficking groups it was criticized by tech advocacy group Engine. Evan Engstrom, Engine’s Executive Editor said the move will not help prosecutors stop bad actors online and only “increase the risk of unforeseen liability for startups…” Read more here. Administration Updates: Last Friday, The Washington Post reported that Reed Cordish, a senior Trump administration adviser on government-to-government and technology initiatives, is stepping down. Cordish will be replaced in his post as assistant to the president in the Office of American Innovation by Brooke Rollins, a former aide to Energy Secretary Rick Perry from his time as Texas governor. Read more here.III. USPTO Updates:The Trademark Electronic Application System (TEAS) and Trademark Electronic Application System International (TEASi) will not be available from 8 a.m. to 5 p.m. ET on Saturday, Feb. 24.  The next Patent Public Advisory Committee (PPAC) meeting will be May 3rd at USPTO Headquarters in Arlington, VA. The next Trademark Public Advisory Committee (TPAC) meeting will be May 4th. New patent forms are now posted on the Forms for Patent Applications Filed on or After September 16, 2012 webpage. Form AIA/40 “Request For Correction in a Patent Application Relating to Inventorship or an Inventor Name, or Order of Names, Other Than in a Reissue Application (37 CFR 1.48)"  Form AIA/41 “Request to Correct or Update the Name of the Applicant Under 37 CFR 1.46(c)(1), or Change the Applicant Under 37 CFR 1.46(c)(2)” Andrei Iancu was sworn in as Director of the USPTO on Friday, February 23rd. Judicial Updates:This week, a federal judge in Delaware overturned a patent infringement verdict requiring Gilead Sciences Inc to pay $2.54 billion to Merck & Co Inc. for infringing on their hepatitis C drugs. U.S. District Judge Leonard Stark ruled that Merck’s patent was invalid and did not meet a requirement that it disclose how to make the treatment it covered without undue experimentation. Read more here. International Updates:On Wednesday, the New Zealand government released the official text of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The CPTPP, formerly known as the Trans-Pacific Partnership (TPP) but changed after the U.S. decided to withdraw last year, is an 11 nation trade pact between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. More than 20 provisions have been suspended or changed in the final text, including rules around intellectual property. Read the intellectual property chapter here and the entire text here. The seventh round of the NAFTA renegotiations begins on Sunday in Mexico City and will end on March 6th. Industry Updates:On Wednesday, February 28th the Brookings Institution will hold an event on “Trump’s trade policy in Asia: A one-year review.” The event will discuss the Trump Administration’s trade action against China, such as the Section 301 investigation on Chinese intellectual property theft, as well as Administration’s efforts to amend parts of the U.S.-Korea Free Trade Agreement (KORUS). Read more here. On February 8, Professor Scott Galloway published an article in Esquire, called “Silicon Valley’s Tax-Avoiding, Job-Killing, Soul-Sucking Machine.” In his article, Professor Galloway recounts the success of the big four tech companies, argues that they do not pay their fair share of taxes, and that they destroy jobs and discourage innovation and competition. The article advocates breaking up the big four to create more jobs and shareholder value, increase investment in tech, and to broaden the tax base. Read the article here. On February 20, the New York Times published an article by Charles Duhigg, “The Case Against Google,” that considers Google’s effect on other search engines, price comparison sites, and other competing services, and argues that it may be time for government to step in to reign in Google’s anticompetitive behavior. The article sums up antitrust actions, both by government agencies and private plaintiffs, against Google in the European Union and the United States. Read the article here., PATENT & TRADEMARK POLICY REPORT FEBRUARY 23, 2018
    • PATENT & TRADEMARK POLICY REPORT JUNE 1, 2018Headlines and Highlights:·         Senate Antitrust Subcommittee to hold hearing on proposed Sprint/T-Mobile merger. ·         President of Institute for Policy Innovation pens op-ed on importance of strong IP protections in NAFTA. ·         Campaign for Accountability reports that Engine Advocacy is “sock puppet” for Google ·         USPTO seeks nominations to fill TPAC and PPAC vacancies. ·         Trump announces 25 percent tariff on $50 billion in Chinese goods. ·         Fareplay to host “Forum on Internet Governance.” ·         FCC Commissioner O’Rielly writes eBay and Amazon CEOs asking to help eliminate sales of pirate media boxes on their websites.   Congressional Developments:On June 27th, the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on the proposed Sprint/T-Mobile merger. On Tuesday, Rep. Erik Paulsen (R-MN), Chairman of the Joint Economic Committee, issued a statement following President Trump’s announcement that the White House would move forward with tariffs against $50 billion worth of Chinese goods. “While China must address its failure to protect U.S. intellectual property, these tariffs are not an effective response because it will harm American jobs and consumers. Our economy is seeing measurable gains thanks to pro-growth policies like the Tax Cuts & Jobs Act. GDP has grown an average of 2.5% over the past five quarters, unemployment is at its lowest rate since December of 2000, and everywhere we are hearing positive stories from businesses large and small. Placing tariffs on medical devices and consumer electronics threaten these gains.” Read more here. Administration Updates: On Tuesday, President Trump announced that to “protect domestic technology and intellectual property from certain discriminatory and burdensome trade practices by China” he would impose a 25 percent tariff on $50 billion of goods imported from China. Specifically, the tariffs would target industrially significant technology, including those related to the “Made in China 2025” program. Read more here. Last Friday, Federal Communications Commissioner (FCC) Michael O’Rielly wrote a letter to Jeff Bezos, CEO of Amazon; and David Wenig, CEO of eBay, with a request to eliminate sales of pirate media boxes which illegally display the FCC compliance logo. O’Rielly wrote that, despite the “proactive steps” taken by the companies to remove pirate devices, they “continue to make it to consumers through your websites.” Read more here.III. USPTO Updates:Attend USPTO’s next “Boardside Chat” webinar on Thursday, June 7 from noon to 1 p.m. ET. The chat will discuss “Motions to Exclude and Motions to Strike in AIA Trial Proceedings.” PTAB Judges Justin Arbes and Kevin Cherry will present and address audience questions.  The United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 6, 2018. Submission details can be found in the Federal Registration Notice. The June 3 is the last day to sign up for the STEPP Agent/Attorney 3-Day Course on July 17-19. The course is offered to members of the public as part of our Stakeholder Training on Examination Practice and Procedure (STEPP) program and will be held in the USPTO Silicon Valley Regional Office in San Jose, California. This training is limited to those who have passed the patent bar for the purpose of practicing before the USPTO. Priority will be given to those who have recently passed the patent bar. The course is led by USPTO trainers and is based on material developed for training patent examiners and other employees. The United States Patent and Trademark Office (USPTO or Office) proposes to amend the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to mandate electronic filing of trademark applications and submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence. This proposed rule would further advance the USPTO’s IT strategy to achieve complete end-to-end This document is scheduled to be published in the Federal Register on 05/30/2018 and available online at https://federalregister.gov/d/2018-11353, Judicial Updates:Earlier this week Reutersreported that crowdfunding site GoFundMe sued CMG mortgage for trademark infringement, claiming that its new “HomeFunMe” crowdfunding vehicle for mortgage customers is likely to cause consumer confusion. (IPO Daily News) International Updates:On Wednesday, June 6th the Computer & Communications Industry Association (CCIA) will host an event in Brussels on “The Online Platform Ecosystem.” Discussions will circle around the legislative landscape for online platforms. Samuel Laurinkari, Head of EU Affairs for eBay; and Michela Palladino, Director of European Policy and Government Relations for the Developers Alliance are slated to participate. Read more here. Industry Updates:On June 21st, Fareplay will host a half-day event titled “The Forum on Internet Governance”, an educational conference created to “provide greater understanding of the scope and severity of the current problems associated with the internet and explore solutions.” Author Jonathan Taplin will be the keynote speaker and the event will feature panels on safe harbors and the internet’s impact on the creative eco-system. Read more here. On Wednesday, Tom Giovanetti, president of the Institute for Policy Innovation in Irving, Texas, penned an op-ed in The Dallas Morning News urging NAFTA negotiators to include strong intellectual property protections in the new agreement. Giovanetti writes that 60 percent of all U.S. exports are from the intellectual property-intensive industries and “that's why it's a huge problem that many of our past trade agreements gave short shrift to the creative industries.” “This was trade malpractice, and the result is that some of our trading partners take advantage of us in the area of creative goods.” Read more here. On Wednesday, Campaign for Accountability reported that Engine, an advocacy group for startups, is a “sock puppet” for Google. According to the report, Engine has at least seven ex-Google employees and consultants on its board of directors and advisory board. Additionally, Engine and Google share the same lobbying firm and Google funded a research paper that Engin later released. “Public officials need to be aware that this so-called startup advocacy group is really in bed with Silicon Valley’s foremost D.C. influence machine, whose interests are often in conflict with those of disruptive entrepreneurs,” said Daniel Stevens of the Campaign for Accountability. Read the report here.    , PATENT & TRADEMARK POLICY REPORT JUNE 1, 2018
    • PATENT & TRADEMARK POLICY REPORT  MARCH 16, 2018 Headlines and Highlights: ·         House Ways and Means and Senate Finance Committees to hold hearings on “U.S. Trade Policy Agenda” featuring USTR Lighthizer. ·         Dept. of Commerce releases report on “Defining and Measuring the Digital Economy” ·         Non-profit release report detailing Google’s “cultivated links with academics in Europe” to influence tough regulatory stance toward company. ·         House IP Subcommittee to hold hearing on “Covered Business Method Patents.” ·         Trump appoints Larry Kudlow as next Director of the National Economic Council. ·         Senate Appropriations Committee to vote on next Chairman on April 9, Sen. Shelby says. Congressional Developments: On Wednesday, March 21st at 10 a.m. the House Ways and Means Committee will hold a hearing on the “U.S. Trade Policy Agenda” featuring United States Trade Representative (USTR) Robert Lighthizer. USTR Lighthizer will also testify before the Senate Finance Committee on the same topic on Thursday. More info here. On Tuesday, March 20th at 9:30 a.m. the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies will hold a hearing on the FY2019 Dept. of Commerce Budget. Secretary of Commerce Wilbur Ross will testify. On Tuesday, March 20th at 2:00 pm the House Judiciary Subcommittee on the Courts, Intellectual Property and the Internet will hold a hearing on “Assessing the Effectiveness of the Transitional Program for Covered Business Method Patents.” In an interview with Recode, published on Monday, Senate Minority Leader Chuck Schumer (D-NY) said he is “sympathetic” to tech giants like Facebook and Amazon and he approaches government regulation of them with “care.” “Yes, they’re big,” Schumer said. “Big can do good things as well as bad things, and you’ve got to separate the wheat from the chaff. Would the world be a better place or a worse place if there were no Amazon right now? My guess is a worse place. And yet, there’s a lot of problems, for sure.” Read more here. On Wednesday, Sen. Shelby (R-AL) told reporters that the Senate Appropriations Committee will vote to name the next chairman on April 9th. The current chairman, Sen. Cochran (R-MS), announced he will resign from Congress effective April 1st, citing poor health. Sen. Shelby is widely expected to succeed Cochran as the next full committee chairman. On Friday, Rep. Louise Slaughter (D-NY), Ranking Member of the House Rules Committee and a member of Congress since 1987, passed away. She was 88. Read more here. Administration Updates: This week, President Trump selected Larry Kudlow, a CNBC television commentator, to serve as the next Director of the National Economic Council (NEC) following Gary Cohn’s resignation. As Director of the NEC, Kudlow will be President Trump’s top economic advisor. Read more here. On Thursday, the Department of Commerce’s Bureau of Economic Analysis released a report titled “Defining and Measuring the Digital Economy” which claims the digital economy has grown at an average annual rate of 5.6 percent from 2001-2016. The report further showed the digital economy sector, including e-commerce, network infrastructure and digital media, accounted for $1.2 trillion, or 6.5 percent, of gross domestic product. Read more here. III. USPTO Updates: USPTO Director Andrei Iancu was in Austin, Texas last weekend to unveil a new patent design. The new patent grant cover is only the second redesign in a hundred years. Read Director Iancu’s remarks here. The next Patent Public Advisory Committee (PPAC) meeting will be May 3rd at USPTO Headquarters in Arlington, VA. The next Trademark Public Advisory Committee (TPAC) meeting will be May 4th. This week, FedScoop published a profile of Jill Leyden, customer experience administrator for trademarks at the USPTO, who spoke at South by Southwest in Austin last weekend. Leyden outlined a source of concern for the USPTO, which she said was creating a better front door for customers into the agency with “very clear, concise and consistent information at the baseline.” Read more here. On March 21, the USPTO Office of Innovation Development will host the Women's Entrepreneurship Symposium at the Public Library of Cincinnati & Hamilton County in Cincinnati, Ohio. We will focus on the topics of women inventors, entrepreneurs, and the importance of intellectual property. Judicial Updates: On March 8, Portal Communications filed a patent infringement suit against Apple, claiming that Apple’s Siri voice assistant technology violates three of Portal Communications’ patents. The lawsuit argues that Siri violates the patents due to its capability to receive and process natural language queries and provide answers based on the queries. Portal Communications is requesting triple damages and injunctive relief. Read more here. On March 12, the US Court of Appeals for the Federal Circuit vacated a decision by the US District Court for the Eastern District of Texas finding that SimpleAir could not assert two of its patents against Google. The District Court had found that SimpleAir’s suit, related to Google’s cloud messaging services, was barred due to claim preclusion and the Kessler doctrine. The case concerned two junior patents linked to an already litigated patent by a continuation application. Read more here. International Updates: On Friday, the Campaign for Accountability, a Washington-based non-profit, published a report titled “Google’s Academic Influence in Europe” that details the search engine’s “cultivated links with academics and research organizations across Europe to influence the region’s tough regulatory stance toward” the company. Read the report here. Industry Updates: On Monday, Tim Berners-Lee, the inventor of the World Wide Web and founder of the World Wide Web Foundation, penned a blog post titled “The web is under threat. Join us and fight for it.” In the letter, Berners-Lee says the web “has been compressed under the powerful weight of a few dominant platforms” which allows for these platforms to act as “gatekeepers” controlling “which ideas and opinions are seen and shared.” Read more here. On Monday, March 12, 2018, former congressman Charles Boustany (R-LA-3), published a column in The Detroit News, advocating for strong intellectual property protections in the NAFTA renegotiations. In the column, Boustany argues that the negotiators should aim for a 12-year regulatory data protection for biologics in order to ensure continued investment in the research and development of life-saving medicines. He also notes that price controls lead to delayed introduction of medicines. Read the whole column here., PATENT & TRADEMARK POLICY REPORT MARCH 16, 2018
    • Headlines and Highlights:·         House Ways and Means Democrats send letter to Chairman Brady asking for hearings on recent trade actions. ·         Democratic Federal Trade Commissioner Rohit Chopra hires Lina Khan, a critic of growing market power of U.S. tech companies. ·         European Parliament rejects draft reforms to change EU copyright laws. ·         House Judiciary to hold hearing on content filtering with Google, Facebook and Twitter executives. Congressional Updates: On Wednesday, Democratic members of the House Ways and Means Committee sent a letter to Chairman Kevin Brady (R-TX) asking him to hold a hearing on the administration’s recent trade actions. “[W]ith the proliferation and escalation of tariffs, the U.S. economy and the global economy are on edge,” the members wrote. “We cannot pretend that this is business as usual.” Read more here. On Tuesday, July 17th at 10 a.m. the House Judiciary Committee is set to hold a hearing titled “Facebook, Google and Twitter: Examining the Content Filtering Practices of Social Media Giants.” While the witness list has not been finalized, reports indicate that executives from Facebook, Twitter and Google will attend. Read more here. On Wednesday, July 18th at 9:15 a.m. the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection will hold a hearing on “Oversight of the Federal Trade Commission 2018.” Read more here. On Wednesday, the House Small Business Committee held a hearing entitled “Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property”. The panel of witnesses included Mr. Frank Cullen, Vice President of U.S. Policy, The Global Innovation Policy Center, U.S. Chamber of Commerce; Mr. Morgan Reed, President, The App Association; Mr. Christopher Mohr Vice President for Intellectual Property and General Counsel, Software & Information Industry Association; and Mr. Chris Israel, Executive Director, Alliance for U.S. Startups & Inventors for Jobs. Chairman Chabot opened the hearing by acknowledging the vital role intellectual property (IP) plays in promoting the innovation of products. However, he noted that the process of obtaining IP protections can be extensive and difficult to navigate, particularly for small businesses. Watch the entire hearing here. Judicial Updates:On Thursday, in Raytheon Co. v, Indigo Sys. Corp., the Federal Circuit upheld a denial of Raytheon’s motion for judgment as a matter of law. The district court found that Indigo did not misappropriate two Raytheon trade secrets related to producing infrared cameras. Raytheon claimed that Indigo acquired the trade secrets through hiring former Raytheon employees. On appeal, the parties disputed both the scope of the trade secrets and whether Indigo had misappropriated them. The Federal Circuit found that Raytheon’s trade secrets covered only its specific processes, explaining that a plaintiff’s “burden of defining its trade secret with specificity” required distinguishing the subject matter covered by the trade secret from “information clearly in the public domain.” It said Raytheon could not broaden the scope of the trade secrets on appeal after presenting evidence at trial concerning only its specific processes, particularly given evidence that the general techniques were commonly known. The Federal Circuit also found that substantial evidence supported the conclusion that Indigo employees independently developed its techniques, which were “significantly different than those of Raytheon.” (IPO Daily News)III. Administration Updates:                                                                                    On Monday, POLITICO reported that Democratic Federal Trade Commissioner Rohit Chopra is hiring Lina Khan, a fierce critic of the growing market power of U.S. tech companies and the author of a landmark paper making an antitrust case against Amazon. Read more here. On Monday, President Trump nominated federal appeals court judge Brett Kavanaugh to be the next U.S. Supreme Court justice. If confirmed, Kavanaugh, 53, would fill the seat of retiring Justice Anthony Kennedy. During his time on the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh weighed in on several important intellectual property cases. He wrote the 2015 decision in  Producers Grp. v. Librarian of Congress, affirming the royalty board’s decision on cable re-transmissions payments for sporting events and in  Recording Indus. Ass’n of Am., Inc. v. Librarian of Cong., Kavanaugh wrote a 2010 decision that upheld the copyright board’s royalty rates for ringtones and a penalty for late payments, saying the board adequately explained the reasoning behind both rates. Read more here. International Updates:On Monday, Boris Johnson resigned as the U.K.’s Foreign Secretary, citing a disagreement with the Prime Minister over the U.K.’s Brexit strategy. Johnson’s resignation came hours after Brexit Secretary David Davis resigned due to a similar disagreement with the Prime Minister’s plan. Read more here. Late last week, the European Parliament narrowly voted to reject draft reforms to the European Union’s copyright laws. The changes would have given news publishers and other media fairer fees from internet giants such as Google and Wikipedia. A particularly contentious aspect of the proposed changes was a requirement for internet platforms to use content filters to ensure material uploaded to their sites was not breaching copyright rules. Anders Lassen, president of the European Grouping of Societies of Authors and Composers which backed the reforms, said the vote was a missed opportunity. “This vote was never about censorship or freedom of speech. It was only about updating the copyright rules to the 21st century and ensuring that creators get a fair remuneration when their works are used in the digital space,” he said. Read more here. Industry Updates:On Wednesday, YouTube announced it will launch Copyright Match, a tool that will identify videos that are stolen and reposted by someone else. The tool will let the original creator take the rip-offs down. “We know how frustrating it is when your content is uploaded to other channels without your permission and how time consuming it can be to manually search for these re-uploads,” said Fabio Magagna, who oversees the Copyright Match tool as product manager at YouTube. “We currently provide a number of ways for copyright owners to protect their work, but we’ve heard from creators that we should do more and we agree.” Read more here. On Tuesday Deadlinereported on a copyright infringement suit brought against OPRAH WINFREY’s OWN television channel by SHANNAN LYNETTE WYNN and Pastor LESTER EUGENE BARRIE, who claim that OWN’s show Greenleaf copied their treatment for a never-produced show called Justice & Glory. (IPO Daily News)  , CONTENT & TECHNOLOGY POLICY REPORT JULY 13, 2018
    • PATENT & TRADEMARK POLICY REPORT JANUARY 19, 2018 Headlines and Highlights: ·         Motion Picture Association’s EMEA chief pens open letter to new UK Culture Secretary. ·         Heritage Foundation to hold event on “Trump Antitrust Policy After One Year.” ·         Wall Street Journal publishes story on “The Antitrust Case Against Facebook, Google, and Amazon.” ·         Senate Finance Democrats send letter to President Trump on lack of transparency on trade negotiations. ·         Sens. Grassley and Coons send letter to Secretary of Commerce regarding Enterprise Services and USPTO. ·         President Trump says Administration is considering a “fine” of China for alleged IP theft. Congressional Developments: On Wednesday, the Senate Commerce Committee held a hearing titled “Terrorism and Social Media: #IsBigTechDoingEnough?” featuring witnesses from Facebook, YouTube, and Twitter. During the hearing, Sen. Mike Lee (R-UT), Chairman of the Senate Judiciary Antitrust Subcommittee, warned about the danger of growing calls to treat social media companies like public utilities. "I worry about what that would do to private property," Lee said. "I also worry about what it would do to public safety, the very end sought to be achieved by these proposals." Watch the entire hearing here.   Last Friday, Sen. Wyden (D-OR), Ranking Member of the Senate Finance Committee, alongside nine other committee Democrats, sent a letter to President Trump urging him to “to direct agency heads responsible for trade policy to follow transparency rules in trade negotiations and release trade reports to the public.” Read the letter here.   Administration Updates: On Wednesday, in an interview with Reuters, President Trump said that the Administration is considering a big “fine” as part of a probe into China’s alleged theft of intellectual property. There is currently a trade investigation into the issue, and the United States Trade Representative is expected to make a recommendation to the President soon, according to the report. “We have a very big intellectual property potential fine going, which is going to come out soon,” Trump said in the interview. Read more here.   III. USPTO Updates:   The The agenda for the public meeting on Developing the Digital Marketplace for Copyrighted Works is now posted. The meeting will be held on Jan. 25 at the USPTO’s headquarters in Alexandria, Va. Additional “watch parties” are taking place at the USPTO regional offices in Denver, Detroit, and Silicon Valley. Advance online registration and the Federal Register Notice, meeting agenda, and webcast information are available on the event page.   The United States Patent and Trademark Office (USPTO or Office) proposes to remove its regulations governing reservation clauses, petitions from the refusal of a primary examiner to admit an amendment, the publication of amendments to the regulations, and limits that the Director can impose on the number of inter partes reviews and post-grant reviews heard by the Patent Trial and Appeal Board. These regulations are unnecessary or superfluous and in some cases have expired, and their removal will help streamline USPTO’s body of regulations without reducing the availability of services for the public.   Last Thursday, Senate Judiciary Chairman Grassley (R-IA) and Sen. Coons (D-DE) sent a letter to Secretary of Commerce Wilbur Ross regarding the “Enterprise Services” program as it relates to the USPTO. Sens. Grassley and Coons expressed appreciation that the Dept. of Commerce is reviewing the USPTO’s participation in the program, but that they were concerned by the “inconsistent” responses they had been receiving since sending the letter. “Please confirm for us that the USPTO’s participation in Enterprise Services remains under review and provide an estimation of when we can expect a complete and detailed answer to our July 6, 2017, letter,” the Senators write.   Judicial Updates:   This week, Google and Tencent, China’s biggest tech company, signed an agreement to share patents across a range of products and technologies. “By working together on agreements such as this, tech companies can focus on building better products and services for their users,” Mike Lee, Google’s head of patents, said in the statement. Read more here.   International Updates:   On Monday, the New Statesman—a U.K.-based politics magazine—published a profile of EU Competition Chief Margrethe Vestager, who they claim is “on a mission to hold Facebook, Google, Apple and Amazon to account” for their anti-competitive practices. Read more here.   This week, Stan McCoy, President and Managing Director of the Motion Picture Association’s Europe, Middle East, and Africa division penned an open letter to Matt Hancock, Britain’s new Culture Secretary offering suggestions for how he could protect and promote the U.K.’s creative industries. Some of his suggestions include making platform responsibility a priority, and banning illegal streaming devices. Read more here.   Australian Prime Minister Malcolm Turnbull said that this week that he expects the Trans-Pacific Partnership to be signed by all 11member nations during a March meeting in Chile. “We’re working on the Trans-Pacific Partnership. Obviously we were disappointed when the US pulled out after the change of administration and we’re working now with the aim of getting the TPP signed without the US, of course, by March,” Turnbull told reporters during a state visit to Japan. “There is a meeting of trade ministers scheduled in March in Chile, and the goal is to have the TPP agreed, concluded then. Read more here.     Industry Updates:   On Tuesday, Grep Ip of The Wall Street Journal published a story titled “The Antitrust Case Against Facebook, Google and Amazon” in which he compared the tech giants to Standard Oil and AT&T—companies that were broken up or regulated in decades past. Ip argues that the “monopolies of old and of today were built on proprietary technology and physical networks that drove down costs while locking in customers, erecting formidable barriers to entry. Just as Standard Oil and AT&T were once critical to the nation’s economic infrastructure, today’s tech giants are gatekeepers to the internet economy. If they’re imposing a cost, it may not be what customers pay but the products they never see.” Read more here.   This week, Oxford Economics, a global consulting firm associated with the English university, published a report on the potential impact of the U.S. withdrawing from the North American Free Trade Agreement (NAFTA). According to the analysis, it would cost the U.S. about 300,000 jobs, cut economic growth, hurt stocks and cause prices for consumer to rise. Read more here.   On Tuesday, January 23rd from 9 a.m. to 5 p.m. the Heritage Foundation will host an event titled “Trump Antitrust Policy after One Year.” The event will feature current and former members of the U.S. Federal Trade Commission (FTC), Department of Justice (DOJ), and a discussion of “International Antitrust Policy.” Notable panelists include Andrew Finch, Principal Deputy Assistant Attorney General for Antitrust at the DOJ; and Bruce Hoffman, Acting Director of the Bureau of Competition at the FTC. RSVP for the event here.   On Monday, January 29th from 10:00-11:30 a.m. the Brookings Institution will hold an event titled “Modernizing trade rules: The TPP and beyond.” The event will feature a number of panelists—including Joshua Meltzer, Senior Fellow at Global Economy and Development and Maki Kunimatsu, Chief Policy Analyst at Mitsubishi UFJ Resarch and Consulting—that will discuss strategies the U.S. and Japan “can pursue in on-going or new trade negotiations to advance TPP rules in these critical areas.” Read more here.      , PATENT & TRADEMARK POLICY REPORT JANUARY 19, 2018
    • PATENT & TRADEMARK POLICY REPORT APRIL 13, 2018Headlines and Highlights:·         Senate and House committees hold hearings on Facebook data breach. ·         USTR Lighthizer tells Admin and Hill officials he wants NAFTA vote by December. ·         Sen. Shelby selected as next Senate Appropriations Chairman. ·         Sens. Hatch and Nelson send letter to USTR Lighthizer asking him to include strong IP protections in NAFTA. ·         Speaker Paul Ryan announces he will not seek reelection. ·         USPTO Director to appear before Senate Judiciary next week. ·         USPTO Director Iancu gives speech at U.S. Chamber of Commerce event.   Congressional Developments:On Wednesday, April 18th at 10 a.m. the Senate Judiciary Committee will hold an on oversight hearing of the U.S. Patent and Trademark Office (USPTO) featuring USPTO Director Andrei Iancu. This will be the first time Iancu appears before a Congressional committee in his capacity as Director. Read more here. On Friday, Sens. Hatch (R-UT) and Nelson (D-FL) sent a letter to United States Trade Representative (USTR) Lighthizer asking him to limit the number of exceptions to copyright protections in NAFTA or any future U.S. trade deal. "In the context of both existing and future trade agreements, the administration must ensure that copyright laws abroad strengthen, rather than create exceptions to, protections for America's creators and innovators," the lawmakers write. “We therefore urge you to make strong and enforceable protections for creative works a priority in any negotiation with our trading partners.” On Wednesday, Speaker of the House Paul Ryan (R-WI) announced he would not seek reelection at the end of his current term. “The job provides incredible opportunities, but the truth is it’s easy for it to take over everything in your life. And you can’t just let that happen,” Ryan said in a press release. “That’s why today I’m announcing that this year will be my last one as a member of the House. To be clear, I am not resigning. I intend to serve my full term as I was elected to do. But I will be retiring in January, leaving this majority in good hands with what I believe is a very bright future.” Read more here. On Tuesday, April 17th at 2 p.m. the House Judiciary IP Subcommittee will hold a hearing titled “Safeguarding Trade Secrets in the United States.” On Tuesday, Sen. Shelby (R-AL) was selected to serve as the next Senate Appropriations Committee Chairman following the resignation of former Sen. Thad Cochran (R-MS) on April 1st. In the press release announcing his selection, Shelby also announced the rosters for the various subcommittees. The Commerce, Justice, Science and Related Agencies Subcommittee—which oversees funding for the Patent and Trademark Office—will be chaired by Sen. Moran (R-KS) while Sen. Shaheen (D-NH) will be the Ranking Member. Sen. Daines (R-MT) and Sen. Murphy (D-CT) will be the Chairman and Ranking Member, respectively, of the Legislative Branch Subcommittee, which oversees and allocates funds for the Library of Congress and Copyright Office. Read more here. On Thursday, House Judiciary Committee Chairman Bob Goodlatte (R-VA) announced that Rep. Keith Rothfus (R-PA) would be rejoining the committee, replacing Rep. Farenthold (R-TX). Read more here. On Tuesday, the Senate Commerce and Judiciary Committees held a joint hearing titled “Facebook, Social Media Privacy, and the Use and Abuse of Data.” Facebook CEO Mark Zuckerberg was the sole witness at the hearing. Commerce Chairman John Thune (R-SD) began the hearing by questioning whether Facebook users truly had the ability to consent to how their data is being used, and he specifically mentioned that Congress’ passage of FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act of 2017) last month should be a “wake up call” for the tech industry. He also stated that he’s not sure if the industry has the ability to regulate itself. Administration Updates: On Thursday, President Trump told lawmakers he is considering rejoining the Trans-Pacific Partnership (TPP)—a trade pact he withdrew from shortly after taking office. Trump reportedly said he had deputized economic advisor Larry Kudlow and U.S. Trade Representative (USTR) Robert Lighthizer to explore re-entering the TPP. Sen. Sasse (R-NE) said that Trump “multiple times reaffirmed the point that TPP might be easier to join now.” Read more here. According to reports by POLITICO, USTR Lighthizer has told Hill and Administration officials in recent weeks that he will be able to reach a preliminary NAFTA deal by May and wants to have Congress vote on it by December. Lighthizer has also indicated that he wants the agreement to pass Congress with 65 percent support, including supportive votes from 20 to 25 Senate Democrats and half the House Democratic Caucus. Read more here.III. USPTO Updates:On Wednesday, USPTO Director Iancu gave a speech at the U.S. Chamber of Commerce Patent Policy Conference titled “Role of U.S. Patent Policy in Domestic Innovation and Potential Impacts on Investment.” Iancu said in his speech that the U.S. patent system is at a “crossroads” due to it being “pushed and pulled, poked and prodded” resulting in a system “in which the patent grant is less reliable today than it should be.” Iancu stated that under his leadership the USPTO will take action to create a new “pro-innovation, pro-IP dialogue” and increase the “reliability of the patent grant.” Read the speech here.   Judicial Updates:On Thursday, Peoplemagazine reported that burger chain In-N-Out filed a trademark infringement suit against Australia’s Hashtag Burgers, claiming that the name and logo of its Down N’ Out restaurant is likely to confuse consumers. (IPO Daily News) This week, the Baltimore Sunreported that Ford Motor Co. settled a patent infringement dispute with Paice LLC and the Abell Foundation by licensing Paice patents for improving hybrid vehicle performance, fuel economy, and emissions efficiency. (IPO Daily News) International Updates:China’s State Intellectual Property Office (SIPO) has announced that the country will soon introduce punitive damages for IP infringements in an effort to ensure that offenders pay a “big price”. China’s official news agency Xinhua shared an interview with Shen Changyu, head of SIPO, yesterday, April 12. Read more here. Industry Updates:On Monday, April 16th the Internet Innovation Alliance will hold a Hill event titled “Protecting America’s Online Consumers in the 21st Century Digital Economy.” The event will feature panelists including Robert McDowell, former Commissioner of the FTC, and Jonathan Leibowitz, former Chairman of the FTC to discuss how changes to the internet ecosystem have put consumers more at risk. Read more here. On Tuesday, April 17th from 9 a.m. to 6 p.m. the Federalist Society will hold its Sixth Annual Executive Branch Review Conference at the Mayflower Hotel in Washington, D.C. The event will feature panels on a number of topics under the umbrella of regulation reform, including a panel titled “Administrative Cancellation of Patents: Regulatory Overreach at the Patent Office?” Read more here., PATENT & TRADEMARK POLICY REPORT APRIL 13, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT SEPTEMBER 28, 2018Headlines and Highlights:·         Senate Antitrust Subcommittee to hold hearing next week on “Antitrust Law Enforcement.” ·         House passes revised MMA. Legislation heads to President’s desk for signature. ·         White House announces intent to appoint MPAA CEO to trade advisory council. ·         Senate Rules Committee holds hearing on bill to alter Register selection process. ·         U.S, Japan announce intent to negotiate FTA. Congressional Updates:On Wednesday, October 3rd at 2:30 p.m. the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on “Antitrust Law Enforcement” featuring Assistant Attorney General for Antitrust Makan Delrahim and FTC Chairman Joseph Simons. Read more here. On Wednesday, the Senate Committee on Rules and Administration held a hearing on S. 1010, the Register of Copyrights Selection and Accountability Act, legislation that would make the Register of Copyrights a presidentially-appointed, Senate confirmed, position. The hearing featured two witnesses: Keith Kupferschmid, CEO of the Copyright Alliance; and Jonathan Band, Adjunct Professor of Law at Georgetown University and Counsel to the Library Copyright Alliance. Both Chairman Blunt and Ranking Member Klobuchar asked questions that attempted to identify whether S. 1010 would benefit existing legislative initiatives. Specifically, Sen. Klobuchar asked Mr. Kupferschmid and Mr. Band if the IT modernization efforts were adequately guarding the Library and Copyright Office from potential foreign hacking. Mr. Kupferschmid used this question as an opportunity to punctuate the different IT needs of the Library and Copyright Office, saying that the Library creates systems to provide greater public access to information while the Copyright Office needs to be able to assure applicants that their copyrighted works are safe from hacks. Sen. Blunt asked how this bill would amplify the effects of the Music Modernization Act. On Tuesday, Sens. Orrin Hatch (R-UT) and Patrick Leahy (D-VT), together with Reps. Jerry Nadler (D-NY) and Doug Collins (R-GA), introduced the bicameral American Royalties Too (ART) Act of 2018. The legislation amends the Copyright Act to provide creators of visual art a 5% royalty of the price paid for their art when it is resold at auction. “Artists deserve fair compensation for their work. Unfortunately, under our current laws, artists don’t share in the benefits when their work later increases in value,” said Hatch. “Collectors and auction houses make millions when art is resold. It’s only fair that the artist who created the work in the first place receive a share as well. The ART Act will help remedy this injustice by giving artists the right to a share of the proceeds when the art they create is later resold at auction. It will help ensure artists get a fair shake.” Read more here. A spokesman for House Majority Leader Kevin McCarthy (R-CA) confirmed this week that Google CEO Sundar Pichai is expected to appear before the House Judiciary Committee after the November election. Additionally, Pichai will address meet with a broad swath of the Republican conference on Friday to discuss a range of topics, including the company’s management of conservative content on its platforms. More info here. On Tuesday, the House of Representatives voted unanimously to send H.R. 1551, the Music Modernization Act, to the president’s desk for his signature. Read more here. On Thursday, the House Judiciary Committee held a hearing on H.R. 3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017, legislation that would create a Copyright Claims Board within the Copyright Office to provide a simple, quick and less expensive forum for copyright owners to enforce their intellectual property. The hearing featured witnesses from the Copyright Alliance, Professional Photographers of America, Computer and Communications Industry Association, Internet Association and Buck the Cubicle. Supporters of the bill said it was important because it finally provided a remedy for small creators to protect their rights. “As it stands now, small creators who have seen their work used without permission (or just outright stolen) or compensation have had one path for relief; filing a lawsuit in U.S. Federal Court,” said David Trust, CEO of PPA. “For practical purposes, however, that path is no path at all because the cost of federal court puts the option out of reach for small creators.” Watch the entire hearing here. Judicial Updates:This week, a Tokyo District Court ordered Mari Mobility to pay $89,000 to Nintendo in compensation for offering go-kart tours in which people could dress up as Mario and Princess Peach and race around Tokyo. Read more here.III. Administration Updates:                                                                                                                                               On Monday, the White House distanced itself from a report over the weekend that President Trump is considering an executive order that would subject tech giants like Google, Facebook and Twitter to federal investigations for alleged political bias. Deputy White House press secretary Lindsay Walters said that “Although the White House is concerned about the conduct of online platforms and their impact on society, this document is not the result of an official White house policymaking process.” Read more here. On Wednesday, President Trump and Prime Minister Shinzo Abe announced their intention to enter into negotiations for a bilateral trade agreement between the U.S. and Japan. House Ways and Means Chairman Kevin Brady (R-TX) applauded the news, saying that Japan is “an important trading partner and a strong ally on economic and security issues.” International Updates:On Sunday, Mark Scott, chief technology correspondent for POLITICO EU, wrote an article titled “The next antitrust standoff—Big Tech’s use of data.” Scott highlights the EU’s recent announcement that they would be investigating Amazon over potential abuse of digital information, and the Federal Trade Commission’s public hearing in early November on big data and competition as signs of a new round of antitrust battles. “Are we OK with a small group of firms using their pseudo-monopolies over digital information to offer us an increasing range of digital goods and services that are often overwhelmingly popular — but which may come at the expense of less competition overall for our online euros, dollars and pounds?,” Scott asks. Read more here. Industry Updates:On Monday, Harvard’s Shorenstein Center on Media, Politics and Public Policy and New America, a D.C.-based think tank, published a report titled “Digital Deceit II: A Policy Agenda to Fight Disinformation on the Internet.” The report claims that Big Tech can’t be trusted to police themselves and should be subject to tougher regulation, including around their data accumulation efforts. Read the report here. On Tuesday, Axios published a breakdown of how the Music Modernization Act—which is expected to be signed by the President this week—was able to pass through Congress and how it will positively impact the music industry. Read more here. This week, the White House announced that President Trump intends to appoint Motion Picture Association of America (MPAA) CEO Charles Rivkin to the U.S. Advisory Committee for Trade Policy and Negotiations (ACTPN). The ACTPN is a “statutory non-discretionary trade advisory committee established to provide overall policy advice to the United States Trade Representative” on matters related to the trade policy of the United States. Read more here. On Monday, SiriusXM announced it will acquire streaming service Pandora in a $3.5 billion transaction. The propose deal is expected to close in the first quarter of next year, and would combine SiriusXM’s 36 million subscribers in North America with Pandora’s more than 70 million monthly active users. “Together, we will deliver even more of the best content on radio to our passionate and loyal listeners, and attract new listeners, across our two platforms,” Sirius CEO Jim Meyer said of the deal. Read more here., CONTENT & TECHNOLOGY POLICY REPORT SEPTEMBER 28, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 16, 2018Headlines and Highlights:·         Reps. Brady and Neal send letter to Sens. McConnell and Schumer urging them to quickly confirm USTR leadership. ·         Gail Slater, former General Counsel for the Internet Association, to join Trump Administration. ·         Google and Getty Images announce multi-year licensing agreement. ·         Mitt Romney says he will run for US Senate from Utah. Congressional Updates: POLITICO reported this week that Sen. Bob Corker (R-TN), Chairman of the Senate Foreign Relations Committee, is reconsidering his retirement amid concerns that Rep. Marsha Blackburn (R-TN)—who is running to replace him—could lose in a general election to Democratic Gov. Phil Bredesen. A Corker spokeswoman responded to the rumors by saying “[P]eople across Tennessee have reached out to Senator Corker with concerns about the outcome of this election because they believe it could determine control of the Senate and the future of our agenda. The Senator has been encouraged to reconsider his decision and is listening closely.” Read more here.   On Monday, Sen. John Cornyn (R-TX), the Senate Majority Whip, gave a speech on the Senate floor on S. 2098, the Foreign Investment Risk Review Modernization Act. The legislation would reform the Committee on Foreign Investment in the U.S. (CFIUS), a committee tasked with scrutinizing business deals that could transfer valuable U.S. technology to China and other hostile powers. During his speech, Cornyn criticized “a very small group of…U.S. firms that are actively opposing CFIUS modernization, having decided that their bottom line is more important than our nation’s security.” POLITICO reports that Cornyn was likely making reference to Josh Kallmer, Senior Vice President at the Information Technology Industry Council (ITIF), which represents tech giants including Apple and Google, who last month said parts of the bill “would literally paralyze businesses.” Listen to the entire speech here. On Wednesday, February 14th, from 9:30 AM-12:00 PM ET, the Senate Commerce Committee held a nomination hearing on the president’s four nominees to serve as Federal Trade Commissioners. The nominees testifying at the hearing were as follows: Joseph Simons (to be FTC Chair Designate), Rohit Chopra (to be FTC Commissioner), Noah Phillips (to be FTC Commissioner), and Christine Wilson (to be FTC Commissioner). Issues involving recent data breaches, antitrust enforcement, and to a lesser extent, prescription drug costs were the primary topics of discussion among the nominees and members of the committee, and it appeared that there was a consensus among members of the committee and the nominees that all of these issues were crucial to the overall mission of the FTC. In the area of antitrust enforcement, there appeared to be a great deal of agreement among the nominees that although preventing anti-competitive consolidation was clearly a core function of the FTC, the simple fact a company was large did not by itself mean that the company was engaged in anticompetitive conduct. During Wednesday’s Senate Commerce hearing to consider the nominations of four Federal Trade Commissioner nominees, Sen. Blumenthal (D-CT) submitted a statement for the record on behalf of the Congressional Antitrust Caucus, comprised of Democratic Reps. Khanna, Pocan, Nolan, Cicilline, and Ellison. In the statement the Representatives write that “There is mounting economic evidence that an overall decline in antitrust enforcement over the past several decades, coupled with wave after wave of mergers, has resulted in high levels of concentration in numerous industries with clear indicators of monopoly profits in key markets.” The members go on to ask the nominees how the Commission could work to “reverse the decline in monopolization enforcement in recent decades?” Read more here. On Wednesday, Reps. Brady (R-TX) and Neal (D-MA), Chairman and Ranking Member of the House Ways and Means Committee, sent a letter to Senate Majority Leader McConnell (R-KY) and Minority Leader Schumer (D-NY) asking them to quickly bring to the Senate floor nominations for senior positions at the Office of the United States Trade Representative (USTR). Read the letter here. In a video announcement on Friday morning, former Massachusetts Governor Mitt Romney announced that he will be running to replace retiring Utah Senator Orrin Hatch. "I have decided to run for United States Senate because I believe I can help bring Utah's values and Utah's lessons to Washington," Romney said in his announcement. Read more here. Judicial Updates:On Tuesday, February 13th, Judge Michael Fitzgerald of the US District Court for the Central District of California dismissed a copyright infringement claim by songwriters Sean Hall and Nathan Butler against Taylor Swift. The songwriters argued that Swift’s 2014 hit song “Shake It Off” infringed their 2001 song “Playas Gon’ Play,” which included the line “Playas, they gonna play, and haters, they gonna hate.” Judge Fitzgeral found that this combination of phrases did not meet the Copyright Act’s originality requirement, and dismissed the suit with leave to amend. Swift’s “Shake It Off” includes the phrase “Players gonna play, play, play, play, play, and haters gonna hate, hate, hate, hate, hate.” Read more here. On February 13, the US District Court for the Central District of California issued an injunction requiring Tickbox TV to remove copyright-infringing add-ons from its Kodi boxes, including any links to infringing content on its homescreen. The suit against Tickbox TV was brought by Amazon, Netflix, and various movie studios. Read more here.III. Administration Updates:                                                                                    The Financial Times (FT) reported on Tuesday that the Trump Administration’s Section 301 investigation of China has become “bogged down” amid an “internal debate focused in large part on legal concerns.” The investigation, announced in August, saw the U.S. allege, among other charges, that China violated intellectual property rights which threatened U.S. companies’ ability to compete. FT reported that the White House is considering invoking the International Emergency Economic Powers Act, a move that would grant Trump “wide powers to respond without congressional approval.” The White House is reportedly concerned that such a move could face backlash from affected U.S. companies. Read more here. On Thursday, POLITICO reported that Grace Koh, special assistant to the president for technology, telecommunications and cybersecurity policy at the National Economic Council, is leaving the White House. They also reported that Gail Slater, previously general counsel of the Internet Association, is joining the administration. International Updates:On Friday, February 9, Google and Getty Images announced an agreement to settle the complaint Getty had filed with the European Commission in 2016 regarding Google’s image search. According to their agreement, Getty grants Google a multi-year license to use Getty’s photos, while requiring Google to better highlight copyright attributions in its image search. In an effort to reduce the number of direct downloads, the agreement also requires Google to remove the “View image” option in its image search. Read more about the agreement here and here.   On January 16, fifty-four European organizations representing teachers, students, researchers, librarians, and other education professionals sent a letter to Members of the European Parliament, highlighting issues with the proposed Directive on Copyright in the Digital Single Market. The letter argues that licenses should not be allowed to overrule the education exemption, remuneration for copying should not be mandatory, the proposed exception should not be limited to formal educational establishments, and the use of cloud platforms should be allowed. Read the letter here. Industry Updates:Maria Pallante, former U.S. Register of Copyrights and current CEO of the Association of American Publishers, was a keynote speaker at the 32nd International Publishers Congress, taking place in New Delhi, India this week. In her remarks Pallante warned publishers of those who seek to weaken copyright law by citing the “public good”, saying “They frame the public interest as though it is separate from the rights of copyright owners or worse yet, that publishers and other copyright owners are an obstacle to progress.” “This is false.” Read more here., CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 16, 2018
    • PATENT & TRADEMARK POLICY REPORT MAY 18, 2018Headlines and Highlights:·         House Judiciary Committee to hold USPTO oversight hearing. ·         House Commerce Committee Chairman urges tech CEOs to testify before the Committee educate consumers. ·         USTR Lighthizer speaks with New Dem Coalition and casts doubt on completing NAFTA before 2019. ·         USPTO seeks nominations to fill TPAC and PPAC vacancies. ·         Democratic FTC Commissioner releases his first official statement. ·         U.S. Ambassador to Japan says two countries will “move rapidly” to complete bilateral trade agreement. ·         House Small Business Committee holds IP 101 hearing.   Congressional Developments:On Tuesday, May 22nd at 10 a.m. the House Judiciary Committee will hold an oversight hearing for the United States Patent and Trademark Office, featuring USPTO Director Andrei Iancu as the sole witness. Read more here. On Wednesday, the House Small Business Committee held a hearing entitled “Intellectual Property 101: How Small Business Owners Can Utilize Intellectual Property.” The hearing featured a panel of four witnesses including Ms. Michal Rosenn (General Counsel, Expa), Mr. David Graham (CEO, Code Ninjas LLC), Mr. Rick Carnes (President, Songwriters Guild of America, Inc.) and Dr. Joan Fallon (Founder and CEO, Curemark). In his opening statement, Committee Chairman Steve Chabot (R-OH-01) shared that intellectual property protections are an essential element for small businesses seeking to grow. The Chairman shared that small businesses with intellectual property protections in place grow 32% more than those without intellectual property protections. Read more here. Commerce Committee Chairman Greg Walden (R-OR) wrote an op-ed in the San Francisco Chronicle this week urging tech CEOs to come testify before the Committee and “explain your business model, and enlighten consumers about how your industry affects” the lives of consumers. Read more here. Administration Updates: On Wednesday, United States Trade Representative (USTR) Robert Lighthizer spoke with the New Democrat Coalition, a group of moderate, trade-supportive Democrats, on the prospects for a renegotiated NAFTA deal. USTR Lighthizer reportedly told the group that he was not optimistic about an agreement coming together in the near term, meaning that a Congressional vote on the deal would likely extend into 2019. Read more here. Democratic Federal Trade Commissioner Rohit Chopra released his first official statement as commissioner this week. Read his comments here.III. USPTO Updates:The United States Patent and Trademark Office (USPTO) today announced the grand opening of the newest Patent and Trademark Resource Center (PTRC) at the Durango Public Library in Durango, Colorado on Tuesday May 22, 2018. The United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 6, 2018. Submission details can be found in the Federal Registration Notice. The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the recipients of the 2017 Patent Pro Bono Achievement Certificate in recognition of individuals who help make the Patent Pro Bono Program available to financially under-resourced inventors and small businesses. In 2017 more than 85 volunteer patent practitioners reported 50 or more hours of patent pro bono service to a regional patent pro bono program. To acknowledge their contributions, USPTO provided certificates and listed their names and employers on the Patent Pro Bono sectionof the USPTO website. Judicial Updates:Earlier this week Bloombergreported that the damages trial began in California on Monday in Apple’s suit against Samsung concerning infringement of design patents for certain elements in Apple’s iPhone. The case was remanded to the district court for findings on whether the relevant “article of manufacture” for each of Apple’s infringed design patents was the entire smartphone or a particular component. (IPO Daily News) International Updates:In an interview with Global Atlanta this week, Anthony Phillipson, the U.K.’s trade commissioner for North America, discussed the potential for a U.S.-U.K. free trade agreement in the near future. “We start by thinking about an FTA because we felt that there was something meaningful that could be done by TTIP, so we want to be clear about whether we can capture some of those gains in a U.K.-U.S. context,” Mr. Phillipson told Global Atlanta. Read more here. S. Ambassador to Japan William Hagerty told a conference in Tokyo this week that the U.S. and Japan will “move rapidly” to finalize a bilateral trade deal. “Trade is very important to us. I think we’re going to move rapidly toward getting something done on trade,” Hagerty said, adding that USTR staff had visited Japan “just this past week” to iron out details. Read more here. Industry Updates:On Wednesday, May 23rd from 7:30 a.m. – 10:00 a.m. the Heritage Foundation will hold an event titled “Examining Trade” featuring Secretary of Commerce Wilbur Ross and Sens. Sasse (R-NE) and Manchin (D-WV). The event will touch on NAFTA and other trade deals, as well as President Trump’s tariffs on steel and aluminum. Read more here.  , PATENT & TRADEMARK POLICY REPORT MAY 18, 2018
    • Headlines and Highlights:         ·         Associate Justice Anthony Kennedy announces he will step down at end of July. ·         Quartz interviews Sen. Wyden on U.S. trade policy under Trump. ·         Everett Eissenstat, key trade advisor to President Trump, will leave his post next month. ·         China’s State Council Information Office releases white paper claiming they protect foreign IP. ·         Washington magazine asks “Has the New America Foundation Lost its Way?” ·         Google hires Karan Bhatia as new Global Head of Policy. ·         Rep. Joe Crowley, fourth-ranking Democrat in House, loses primary race. ·         Joint Economic Committee holds hearing on digital trade.   Congressional Developments:On Tuesday, Rep. Joe Crowley (D-NY-14), the fourth-ranking Democrat in the House of Representatives, lost his primary race to Alexandria Ocasio-Cortez. Read more here. On Wednesday, the Joint Economic Committee held a hearing on “The Need for U.S. Leadership in Digital Trade” featuring witnesses from the U.S. Chamber of Commerce, Congressional Research Service, and former Deputy U.S. Trade Representative Robert Holleyman. Much of the discussion centered around recent US trade tariffs and the European Union’s implementation of their General Data Privacy Regulation (GDPR), with both sides of the aisle expressing concerns over possible negative implications of GDPR. On Tuesday, June 26th the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on the “National Telecommunications and Information Administration Reauthorization Act of 2018.” On Thursday, Quartz interviewed Sen. Wyden (D-OR), Ranking Member of the Senate Finance Committee, on U.S. trade policy under President Trump. When asked if he thinks NAFTA will be renegotiated, Wyden says that the “sand is definitely running out of the hourglass this year.” Wyden went on to say that NAFTA needs a “vigorous overhaul” and negotiators should start with addressing digital trade issues. Read more here. Administration Updates: This week, POLITICO reported that Everett Eissenstat, a key trade advisor on the White House’s National Economic Council (NEC), will leave his post at the end of next month. Eissenstat, who previously served as chief trade counsel to Sen. Hatch (R-UT), headed up the NEC’s international economics file and was brought on by former NEC Director Gary Cohn. Read more here.III. USPTO Updates:Registration is now open for Invention-Con 2018, a free two-day conference that will be held at the USPTO headquarters in Alexandria, Virginia, on August 17-18 from 8 a.m. – 5 p.m. ET each day. This year’s theme is "From Concept to Commercialization." The United States Patent and Trademark Office (USPTO) is seeking nominations to fill upcoming vacancies for the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Nominations must be postmarked or electronically transmitted on or before July 6, 2018. Submission details can be found in the Federal Registration Notice. The United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO) and the State Intellectual Property Office of the People’s Republic of China (SIPO), referred to collectively as the IP5 Offices, will launch a pilot project on Collaborative Search and Examination (CS&E) under the Patent Cooperation Treaty (PCT). This will be the third such pilot. The USPTO, the EPO, and the KIPO conducted two previous pilots in 2010 and in 2011-2012. The third pilot is needed to further develop and test the concept amongst all the IP5 Offices. In particular, this IP5 pilot project aims at assessing user interest for a CS&E product and the expected efficiency gains for the IP5 Offices. Judicial Updates:On Thursday, in Impax Labs, Inc. v. Lannett Holdings, Inc., the Federal Circuit upheld a district court decision that AstraZeneca’s claims were not obvious. Impax was the exclusive licensee of the patents, which claimed formulations of and devices for intranasally administering zolmitriptan to treat migraines, sold as Zomig® (zolmitriptan) Nasal Spray. Lannett argued that the district court erred in “failing to consider the prior art ‘as a whole,’” pointing to a reference that mentioned using zolmitriptan in a nasal spray. The Federal Circuit disagreed, saying that the reference cited by Lannett “barely mentioned” zolmitriptan. The district court had weighed the “totality of the record evidence” and found that zolmitriptan’s more potent active metabolite would have led a skilled artisan to expect a nasally-administered version of the compound itself would be less effective. The Federal Circuit agreed that the case was “a close one,” but found that substantial evidence supported the conclusion of nonobviousness. (IPO Daily News) On Wednesday, U.S. Supreme Court Associate Justice Anthony Kennedy announced that he will step down at the end of July. Senate Majority Leader Mitch McConnell has indicated that he intends to confirm a new Justice before the midterms. Read more here. On Thursday, the U.S. Supreme Court granted a petition to review the question of whether plaintiffs who have submitted a copyright registration application but have not received a registration certificate can sue. The Office of the U.S. Solicitor General, in a brief urging the court to take up the case, said Section 411(a) of the Copyright Act clearly states a plaintiff can file a copyright lawsuit only after the Copyright Office has approved or rejected an application. Read more here. International Updates:On Thursday, China’s State Council Information Office issued a white paper entitled “China and the World Trade Organization” which claims that China has fulfilled its commitments to the WTO and protects the intellectual property of foreign firms. Read more here. Industry Updates:On Sunday, the Washingtonian published a story titled “Has the New America Foundation Lost its Way?” which questioned whether the think tank was truly independent from Google, one of its largest funders. At the center of the debate was New America’s decision in summer 2017 to fire staffer Barry Lynn, head of the Open Markets program, after he praised the European Union’s $2.7 billion fine for antitrust violations. Read more here. On Thursday, Kent Walker, Google’s General Counsel, announced that the company has hired Karan Bhatia as its new Global Head of Policy. Bhatia, who most recently served as GE’s Government Affairs and Policy President, will lead the company’s policy discussions around AI, job creation and infrastructure. Bhatia has also held senior positions in the Departments of Commerce and Transportation and was a Deputy USTR under the Bush Administration. Read more here. This week, Apple and Samsung agreed to a settlement ending their 7 year patent infringement dispute. In 2011, Apple sued Samsung, accusing them of copying the iPhone’s design and software features. A jury awarded Apple $539 million in May, leaving Samsung with an outstanding balance of $140 million. It is unclear how much more Apple will receive. Read more here.  , PATENT & TRADEMARK POLICY REPORT JUNE 29, 2018
    •   PATENT & TRADEMARK POLICY REPORT  JANUARY 12, 2018 Headlines and Highlights: ·         Senate Commerce Committee to hold hearing on “Terrorism and Social Media” featuring Google, Twitter, and YouTube representatives.   ·         USTR releases 2017 Notorious Markets list.   ·         Sens. Booker and Harris appointed to Senate Judiciary Committee; Rep. Hank Johnson named House IP Subcommittee Ranking Member.   ·         Trump could use NAFTA termination letter as negotiating tactic, Reuters reports.   ·         TiVo files patent infringement lawsuit against Comcast.   ·         Rep. Issa, Chair of House IP Subcommittee, announces he will not seek reelection in 49th district. Reports indicate he may seek election in 50th district.         Congressional Developments:   Representative Darrell Issa (R-CA-49), Chairman of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet, announced that he will not be seeking reelection in his district. In a statement, Chairman Issa was pleased to report that he had worked to clear the course for better intellectual property protections and to “stop the piracy of American ingenuity” during his time in Congress. On Thursday, however, The Hill reported that Issa, who narrowly won reelection in 2016, has discussed the possibility of running in the neighboring 50th district if Republican Rep. Duncan Hunter resigns. Read more here.   Senators Cory Booker (D-NJ) and Kamala Harris (D-CA) were appointed to the Senate Judiciary Committee on Tuesday. Read more here. Also this week it was announced that Rep. Hank Johnson (D-GA) will be the next Ranking Member of the House Judiciary IP Subcommittee, replacing Rep. Jerry Nadler (D-NY) who is now the Ranking Member of the full committee.   On Wednesday, January 17th, at 10 a.m. the Senate Finance Committee will hold a hearing to consider the nominations of Dennis Shea to be Deputy U.S. Trade Representative for the Geneva Office, and C.J. Mahoney to be Deputy U.S. Trade Representative for investment, services, labor, environment, Africa, China and the Western Hemisphere.   On Wednesday, January 17th at 10 a.m. the Senate Commerce Committee will hold a hearing titled “Terrorism and Social Media: #IsBigTechDoingEnough?” The witnesses include Monika Bickert, Head of Global Policy Management at Facebook; Juniper Downs, Global Head of Public Policy and Government Relations at YouTube; Carlos Monje, Director of Public Policy and Philanthropy at Twitter; and Clinton Watts, the Robert A. Fox Fellow at the Foreign Policy Research Institute. Read more here.   Administration Updates:   The U.S. Department of Commerce issued a report on U.S. digital trade with Canada and Mexico last Friday, January 5th. The document estimates that that intellectual property accounted for $3.7 billion, or 43 percent of the total U.S. “potentially” information and communications technology-enabled services (PICTE) exports to Mexico in 2016. Additionally, it estimates that intellectual property accounts for $8.3 billion, or 30 percent, of the 2016 U.S. PICTE services exports to Canada. These figures are particularly significant, given that U.S. PICTE exports to both countries have increased over the past decade. We will continue to monitor whether this report impacts the renegotiation of the North American Free Trade Agreement (NAFTA), as participants convene for a seventh round of negotiations this month. Read more here.   On Wednesday, Reuters reported that President Trump could issue a NAFTA termination letter as a negotiating tactic to gain leverage over Canada and Mexico in talks to modernize the trade agreement. Read more here.   On Friday, United States Trade Representative (USTR) Robert Lighthizer announced the findings of the 2017 Special 301 Out-of-Cycle Review of Notorious Markets. The List highlights 25 online markets and 18 physical markets around the world that are reported to be engaging in and facilitating substantial copyright piracy and trademark counterfeiting. Read the report here.   III. USPTO Updates:   The USPTO has revised fees for certain petition types, updated the petitions-related data on the Patents Dashboard, and made changes to PDF-based ePetitions. Revised Petition Fees: Effective Jan. 16, fees for petitions based on an unintentional delay (e.g., petition for revival of an abandoned application, petition for delayed payment of the issue fee, petition for delayed submission of priority or benefit claim, petition for the restoration of priority, and petition for delayed payment of the maintenance fee) will include a separate fee for micro- entities. The fees for these petitions will be: $2,000 (large entity), $1,000 (small entity), and $500 (micro entity).  See 37 CFR 1.17(m). For more information on the fee changes, please see Fee Schedule Effective January 16.   Updates to the Patents Dashboard: The “Stat of the Quarter” on the Patents Dashboard has been updated to reflect the continued progress in reducing the backlog of undecided PPH requests.  Since February 2016, the Office of Petitions has reduced the Patent Prosecution Highway (PPH) backlog by over 80 percent. See Patents Dashboard for more information.    Changes to ePetitions: Effective Feb. 1, the USPTO is retiring the PDF-based ePetitions for the Petition to Make Special based on Age (37 CFR 1.102) and the "Petition to Accept Unintentional Delayed Payment of the Maintenance Fee (37 CFR 1.378(b)). The web-based version of these ePetitions, which provide enhanced functionality, will continue to be available for both types of petitions. For more information on ePetitions, see the ePetitions Resource page.   The United States Patent and Trademark Office published in the Federal Register on June 11, 2015 a final rule, which became effective on July 11, 2015, revising the Trademark Rules of Practice. This document reinstates three paragraphs, which were inadvertently deleted as a result of an error in the amendatory instructions. Read more here.   Judicial Updates:   This week, TiVo filed two patent infringement lawsuits in the U.S. District Court for the Central District of California and the U.S. District Court for the District of Massachusetts alleging that Comcast’s X1 platform infringed eight TiVo-owned patents. A Comcast spokeswoman said the company will “aggressively defend” itself and denied the charges of infringement. Read more here.   International Updates:   On Monday, Dr. Falk Schoning and Christian Ritz, lawyers at Hogan Lovells in Munich, Germany wrote an article titled “Digital Antitrust – Outlook for the European Antitrust Year 2018.” “So far, the focus of antitrust enforcement in the digital world has been on questions regarding ‘big data’ and large, consumer-facing platforms,” Schoning and Ritz write. “For 2018, we expect the debate to expand into other tech areas including Artificial Intelligence (AI), algorithms and blockchain.” Read more here.   On Tuesday, five EU Commissioners met with representatives from Google, Facebook and Twitter to discuss progress in tackling the spread of illegal content online. The Commissioners, alongside European Commission Vice-President Andrus Ansip, recently issued a press release describing illegal content as a threat to security and fundamental rights while demanding a “collective response—from all actors, including the internet industry.” “The Commission seeks to deprive commercial-scale IP infringers of the revenue flows that make their criminal activity lucrative – this is the so-called ‘follow the money’ approach which focuses on the ‘big fish’ rather than individuals,” the Commission explained. Read more here.   Industry Updates:   On Thursday, Brian Pomper, Executive Director of ACTION for Trade—a pro-IP coalition of companies and associations including MPAA, Authors Guild, RELX, and RIAA—penned an op-ed in The Hill urging the government to support strong intellectual property protections in a renegotiated North American Free Trade Agreement (NAFTA). “IP-intensive industries not only generate breakthrough products and new processes and ways to do things, they drive our economy through job creation, high wages and increased exports,” writes Pomper, adding that “all of the IP-intensive industries that are a part of ACTION for Trade stand at the ready to work with the administration and Congress to preserve and protect our creative and innovative industries and the nearly 60 million American jobs they collectively support.” Read more here.       , PATENT & TRADEMARK POLICY REPORT JANUARY 12, 2018
    • PATENT & TRADEMARK POLICY REPORT  JULY 20, 2018Headlines and Highlights:·         Senate Finance Committee hires new trade counsel. ·         USTR Lighthizer will meet with his Mexican counterpart next week on NAFTA. ·         Appeals Court for the Federal Circuit rules that Allergan can’t use tribal sovereign immunity to shield patents. ·         EU slaps Google with a $5 billion antitrust fine. ·         UK is beginning public consultations on negotiating FTAs with U.S., Australia and joining TPP.  ·         TPP signatories agree to start accession talks with potential new members in 2019. ·         House Digital Commerce Subcommittee holds oversight hearing of FTC. ·         NY Times does profile on Rep. Jeffries (D-NY).   Congressional Developments:This week, the Senate Finance Committee hired Nasim Fussell, former trade counsel on the House Ways and Means Committee, as the majority deputy chief international trade counsel. Fussell most recently served as director of government and regulatory affairs at Pitney Bowes from 2016 to 2018. Read more here. On Wednesday, July 25th at 11 a.m. the House Administration Committee will hold a hearing on the “Library of Congress Strategic Plan (Part II)” More info here. On Thursday, July 26th at 9:45 a.m. the Senate Appropriations Subcommittee on Commerce, Justice and Science, and Related Agencies will hold a hearing on the “U.S. Trade Representative Budget.” On Tuesday, the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection held a hearing entitled “Oversight of the Federal Trade Commission (FTC) 2018”. The purpose of the hearing, led by Subcommittee Chairman Bob Latta (R-OH-05) and Ranking Member Jan Schakowsky (D-IL-09), was to examine the effectiveness of the FTC’s policy and enforcement practices in the modern economy. The hearing covered a broad range of topics but focused primarily on consumer data protection and competition. Members of the Committee were particularly concerned with how economic digitalization is impacting the FTC’s work on consumer and competition issues. The Committee raised concerns about Facebook and Cambridge Analytica but FTC Chairman Joseph Simons and the commissioners were unable to comment on the specific details because there is an ongoing investigation into the matter. Chairman Simons urged Congress to enact legislation that will grant the FTC broader authority and enforcement powers to protect consumer’s data. In addition, Chairman Simons provided insights into the Commission’s upcoming hearings this fall where the commissioners will examine where the FTC can modernize its policy with respect to merger enforcement and data security. Administration Updates:On Wednesday, President Trump said that the U.S. may complete a trade deal with Mexico, and then do a separate one with Canada later, stoking fears about the future of NAFTA. “We have had very good sessions with Mexico and with the new president of Mexico, who won overwhelmingly, and we’re doing very well on our trade agreement,” Trump said to reporters. “So we’ll see what happens. We may do a deal separately with Mexico and we’ll negotiate with Canada at a later time. But we’re having very good discussions with Mexico.” Read more here. United States Trade Representative (USTR) Robert Lighthizer will meet with Mexico’s Economy Minister on July 26th in Washington, D.C. to address NAFTA sticking points after officials from both countries agreed to step up negotiations and reach a preliminary deal by late August. Read more here.III. USPTO Updates:Registration is now open for Invention-Con 2018, a free two-day conference that will be held at the USPTO headquarters in Alexandria, Virginia, on August 17-18 from 8 a.m. – 5 p.m. ET each day. This year’s theme is "From Concept to Commercialization." The next Patent Public Advisory Committee (PPAC) meeting will be on August 2nd at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be July 26th at USPTO Headquarters. Judicial Updates:This week, the U.S. Appeals Court for the Federal Circuit ruled that drug company Allergan Plc can’t use tribal sovereign immunity to shield patents on their drug Restasis from challenges at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. Read more here. International Updates:This week, the European Union hit Google with a $5 billion antitrust fine for abusing the dominance of its Android mobile operating system. Specifically, EU officials asserted Google has unfairly favored its own services by forcing smartphone makers to pre-install Google apps Chrome and Search in a bundle with its app store, Play. Google said in a statement that it would appeal the ruling. Read more here. K. Trade Secretary Liam Fox said in a speech on Wednesday that the United Kingdom is beginning public consultations on negotiating free trade agreements with the U.S., Australia and New Zealand, as well as potentially joining the Trans-Pacific Partnership (TPP). Read the speech here. Industry Updates:On Thursday, The New York Times published a profile of Rep. Hakeem Jeffries (D-NY-8) in which it argues Rep. Joe Crowley’s (D-NY-14) recent primary loss could be good news for the Brooklyn Democrat. “Jeffries,” the NY Times states, “is likely to try to replace Mr. Crowley as the chairman of the House Democratic Caucus, the fourth-ranking position in the party’s hierarchy.” Rep. Jeffries—a member of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet—has been a staunch supporter of strengthening IP protections during his time in Congress. On Thursday, chief negotiators from the 11 signatories to the Trans-Pacific Partnership (TPP) agreed to start accession talks with potential new member countries in 2019. Thailand, Indonesia, Colombia, South Korea and Taiwan are seen as willing to join the revised TPP. Read more here., PATENT & TRADEMARK POLICY REPORT JULY 20, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT SEPTEMBER 21, 2018Headlines and Highlights:·        House Judiciary Committee to hold hearing on copyright small claims bill.  ·        Senate passes Music Modernization Act by unanimous consent. ·        IPEC publishes request for comment on Joint Strategic Plan. ·        CEOs of U.S. Chamber, NAM, and BRT send letter to USTR on NAFTA. ·        Senate Rules Committee to hold hearing on bill changing selection process for Register of Copyrights. Congressional Updates: On Wednesday, October 3rd at 2:30 p.m. the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on “Antitrust Law Enforcement” featuring Assistant Attorney General for Antitrust Makan Delrahim and FTC Chairman Joseph Simons. Read more here. On Tuesday, the Senate passed the Music Modernization Act by unanimous consent. The legislation—which updates music copyright law to ensure songwriters are paid fair market value for their work—now goes to the House of Representatives for a final vote before heading to the President’s desk for signature. Sen. Hatch (R-UT), one of the original sponsors of the bill, applauded the Senate’s passage of the bill and said it will “benefit all artists who make music such a rich, vibrant, and meaningful part of American life.” A copy of the bill can be found here. On Tuesday, House Majority Whip Steve Scalise (R-LA) released a statement calling on Canada to join the updated NAFTA deal that the U.S. struck with Mexico or Congress will move forward in approving the deal without Canada. Scalise cited a “growing frustration with many in Congress regarding Canada’s negotiating tactics” and accused Canada of not being “ready or willing” to make the necessary concessions for a high-standard agreement. Read the statement here. On Wednesday at 2:30 p.m. the Senate Committee on Rules and Administration will hold a hearing on H.R. 1695, the Register of Copyrights Selection and Accountability Act. The bill amends federal copyright law to require the President, with the advice and consent of the Senate, to appoint a Register of Copyrights from a list of at least three individuals recommended by a panel composed of the Speaker of the House; the President pro tempore of the Senate; the majority and minority leaders of the House and Senate; and the Librarian of Congress. More information about the bill can be found here. On Thursday at 2 p.m. the House Judiciary Committee will hold a hearing on H.R. 3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017. The CASE Act is legislation that would create a Copyright Claims Board (CCB) in order to provide a simple, quick and less expensive forum for copyright owners to enforce their intellectual property. “The majority of the copyright owners that are affected by piracy and theft are independent creators with small copyright infringement claims,” Rep. Jeffries (D-NY), one of the bill’s original cosponsors said in a press release announcing the bill. “The CCB will establish an alternative forum to the Federal District Court for copyright owners to protect their work from infringement.” More info here. Judicial Updates:This week, a federal judge in Los Angeles ruled that a copyright infringement lawsuit brought against General Motors by Swiss artist Adrian Falkner will continue. The suit stems from GM’s unauthorized use of one of Falkner’s murals as a part of their 2016 campaign for the Cadillac XT5. GM had noted that "the image was not part of a larger campaign and was only posted on GM-owned social channels." Read more here.III. Administration Updates:                                                                                                                                      On Wednesday, President Trump announced his intent to nominate Rep. Darrell Issa (R-CA), Chairman of the House Judiciary Intellectual Property Subcommittee, to be the Director of the United States Trade and Development Agency (USTDA). USTDA is an independent agency tasked with advancing economic development and U.S. commercial interests in developing and middle income countries. Nomination announcement can be found here. On September 13th, the Office of the U.S. Intellectual Property Enforcement Coordinator published in the Federal Register a request for written submissions from the public with respect to development of the Joint Strategic Plan on Intellectual Property Enforcement. This three-year plan outlines the Administration’s intellectual property enforcement strategy. Submissions must be received by November 13, 2018 at 5 p.m. Read the notice here. International Updates:On Wednesday, EU Competition Commissioner Margrethe Vestager announced that her office has begun questioning merchants on Amazon’s use of their data, and whether Amazon is using that data to secure an advantage in selling products against those same retailers. "These are very early days and we haven't formally opened a case. We are trying to make sure that we get the full picture," Vestager said during a news conference Wednesday. Read more here. Industry Updates:On Monday, the CEOs of the U.S. Chamber of Commerce, National Association of Manufacturers and the Business Roundtable sent a letter to United States Trade Representative (USTR) Robert Lighthizer outlining their six priorities for updating NAFTA. One of the priorities they highlighted was prioritizing modernization, specifically by including strong rules on intellectual property in the trilateral agreement. Read the letter here. On Wednesday, Lisa L. Thompson, Vice President of Research and Education at the National Center on Sexual Exploitation, penned an op-ed in The Hill titled “NAFTA negotiations could make sexual violence America’s top export.” In her article, Thompson criticizes Big Tech for pushing to include, and even expand, Section 230 protections in the modernized NAFTA. Section 230 of the Communications Decency Act, which was signed into law in 1996, shields websites from liability for content their users post. After FOSTA-SESTA was signed into law in the U.S., Thompson writes, Big Tech has since worked on an “end run around the legislative process” to have the old Section 230 language “baked into NAFTA.” If successful, the result could be “global export of criminal and civil immunity for websites that facilitate sex trafficking.” Read the article here. On Thursday, the Association of American Publishers (AAP) held its 2018 annual meeting in New York City. Penguin Random House CEO Markus Dohle said that when former AAP CEO Tom Allen retired in early 2017, the board felt it was the right time to evaluate what changes needed to be made to keep pace with not only “publishing but the economy in general.” The board centered around two long-time AAP themes, copyright protection and the protection of freedom of expression, but added a new, more aggressive public policy position in which AAP will more proactively advocate about the value of publishing, Dohle said. Current AAP CEO Maria Pallante also presented Rep. Doug Collins with the newly created Award for Distinguished Publish Service for his work in “sponsoring policies that respect the value of original works” and to improve the copyright system. Read more here.  , CONTENT & TECHNOLOGY POLICY REPORT SEPTEMBER 21, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 9, 2018Headlines and Highlights:·         Senate confirms Andrei Iancu as next USPTO Director. ·         Senate Commerce to hold nomination hearing for four FTC nominees. ·         Bipartisan group of Senators introduce CLASSICS Act to pay artists for pre-72 digitally transmitted sound recordings. ·         Current OSTP staff at around 50, down from 115 in Obama era, POLITICO reports. Congressional Updates:On Monday, the Senate voted 94-0 in favor of Andrei Iancu’s nomination to serve as the next Director of the United States Patent and Trademark Office (USPTO). Senate Finance Chairman Orrin Hatch (R-UT) released a statement applauding the confirmation of Iancu, as did House Judiciary Chairman Bob Goodlatte (R-VA). Read more here. On Wednesday, February 14th at 10:00 a.m. the Senate Commerce Committee will hold a nominations hearing for the President’s nominees to serve as Federal Trade Commissioners. The nominees include Joseph Simons, to be FTC Chairman and Rohit Chopra, Noah Phillips, and Christine Wilson to serve as FTC Commissioners. Read more here. On Tuesday, February 13th at 10 a.m., Mick Mulvaney, Director of the Office of Management and Budget (OMB), will appear before the Senate Budget Committee to discuss “The President’s FY2019 Budget Request.” Read more here. This week, Sen. Mark Warner (D-VA), the top-ranking Democrat on the Senate Intelligence Committee, warned that YouTube’s recommendation algorithm may be “optimizing for outrageous, salacious and often fraudulent content” after an investigation by The Guardian found that the Google-owned platform promoted divisive and conspiratorial videos damaging to the 2016 Clinton campaign. “Companies like YouTube have immense power and influence in shaping the media and content that users see,” Warner said. “I’ve been increasingly concerned that the recommendation engine algorithms behind platforms like YouTube are, at best, intrinsically flawed in optimizing for outrageous, salacious and often fraudulent content.” Read more here. Senate Minority Leader Chuck Schumer announced this week that Sen. Bob Menendez (D-NJ) would reclaim his position as the top Democrat on the Senate Foreign Relations Committee after federal prosecutors last week dropped corruption charges against him. Sen. Benjamin Cardin (D-MD), who served as interim Ranking Member, will remain on the committee and also serve as the Ranking Member on the Small Business and Entrepreneurship Committee. Read more here. On Thursday, a bipartisan group of senators led by U.S. Sens. Chris Coons (D-DE) and John Kennedy (R-LA) introduced the Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act (CLASSICS). This legislation would bring pre-1972 sound recordings into the federal system, thus allowing artists and owners of such recordings to be fully compensated when their music is digitally transmitted. Read more here. Judicial Updates:This week, music photographer James Fortune filed a copyright infringement lawsuit against Fox News for allegedly using Fortune’s photo of Led Zeppelin founder Jimmy Page without obtaining a license or authorization. Fortune is seeking $150,000 in damages. Read more here.III. Administration Updates:                                                                                                                     On Thursday, POLITICO Morning Tech reported new staff updates in the White House Office of Science and Technology Policy (OSTP). They reported that “[m]ore than 20 new people have joined the office since the start of President Trump’s term.” They went on to say that the total size of OSTP is around 50 people, down significantly from the Obama era, when it totaled around 115. Read more here. On Wednesday, POLITICO reported that Senate Finance Committee Republicans met with President Trump to discuss trade and the ongoing NAFTA renegotiations and urge the President not to withdraw from the pact. “This is not something to be treated lightly,” said Sen. Cornyn (R-TX) after the meeting, adding that the GOP did not want “all the good economic news that’s been coming out as a result of the regulatory rollback and the tax bill to be negated by economic shock caused by some misstep on NAFTA.” Sen. Scott (R-SC), who had placed a hold on two USTR nominees in response to a lack of communication from USTR, lifted his hold after the meeting, saying he felt his concerns were addressed. International Updates:On Tuesday, the European Commission accepted a request from a number of member countries to assess whether or not Apple’s recent $400 million acquisition of British music app Shazam will adversely affect competition. Read more here. On Wednesday, Canadian Prime Minister Justin Trudeau said in a speech at the University of Chicago that Canada “might very well be better off” not signing up to an updated version of NAFTA rather than accepting a bad deal. “I’ve been very, very clear. We are going to expect a good deal, a fair deal,” said Trudeau. “We will not be pushed into accepting any old deal and no deal might very well be better for Canada than a bad deal.” Read more here. Industry Updates:On Saturday, February 3rd, Kevin Carty, a researcher and reporter for the Open Markets Institute, published an op-ed in the New York Post titled “Tech giants are the robber barons of our time” in which he discusses how tech companies can “dominate sectors without actually producing anything in those markets.” Carty uses Apple and Facebook as examples, writing that Apple does not produce music but it nonetheless controls a huge portion of the music industry, while Facebook does not produce news but news organizations are highly dependent on the platform. “And these corporations continue to expand,” Carty writes. “Amazon, for instance, has entered the grocery business—via its buyout of Whole Foods—and just last week announced a new healthcare project.” Read more here. On Tuesday, Caryl M. Stern, President and CEO of UNICEF USA, wrote an op-ed on CNN urging Congress to pass the Stop Enabling Sex Traffickers Act (SESTA), legislation that would amend Section 230 of the Communications Decency Act so that it “no longer shields websites from state and civil liability for criminal activities conducted by third parties on their platform.” “Let's work together to harness the opportunities of the digital age while taking the measures to protect children from trafficking and other threats they can encounter online,” Stern writes, adding that passing SESTA “is a step toward building a safer internet and a better future for all children.” Read more here. On Friday, February 23rd from 10:30 a.m. to 11:30 a.m. the Washington International Trade Association will hold an event titled “The Governor and the Premier on NAFTA: A View from the States and Provinces”, featuring Colorado Governor John Hickenlooper (D) and Premier Kathleen Wynne of Ontario, Canada. According to the press release, the Governor and Premier will “discuss critical aspects” of the NAFTA renegotiation “to their state and province, and the impact on workers, firms, investors and consumers at the local level.” Read more here., CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 9, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT MAY 4, 2018Headlines and Highlights:·         USTR Lighthizer says NAFTA vote may extend into 2019 if countries are unable to agree by end of May. ·         Wall Street Journal Editorial Board criticizes USTR Ligthizer’s belief that he can depend on Democratic votes for NAFTA renegotiation. ·         Bipartisan group of Senators introduce legislation to rework U.S. policy towards Indo-Pacific Agreement. Congressional Updates: Last week, Sens. Gardner (R-CO), Markey (D-CA), Rubio (R-FL), and Cardin (D-MD) introduced the Asia Reassurance Initiative Act (ARIA), legislation that would “serve as a policy framework to enhance U.S. leadership in the Indo-Pacific region” and demonstrate a commitment to a “rules-based international order.” “This initiative is a generational approach that will put American interests first by reassuring our allies, deterring our adversaries, and securing U.S. leadership in the region for future generations,” said Gardner“We believe that with this bipartisan vision for our Asia policy, the Administration and Congress can be united on implementing a long-term strategy that will benefit American national security interests, promote American businesses and create jobs through trade opportunities, and project American values of respect for the human rights and freedom that have made America the shining city upon a hill.” Read more here. On Wednesday, May 9th at 2:30 p.m. the Senate Foreign Relations Subcommittee on Multilateral International, Multilateral Institutions, and International Economic, Energy, and Environmental Policy will hold a hearing titled “A Multilateral and Strategic Response to International Predatory Economic Practices.” The hearing will feature witnesses including Matthew Goodman, chair in political economy at the Center for Strategic and International Studies; and Robert Atkinson, president of the Information Technology and Innovation Foundation, amongst others. Read more here. Judicial Updates:This week, nearly 3,000 freelance journalists—represented by The Authors Guild, American Society of Journalists and Authors, and the National Writers Union—will begin to receive their pieces of a settlement from a seventeen year class-action copyright infringement lawsuit. The 2001 lawsuit alleged that publishers licensed articles by freelancers without their approval. The settlement totals $9 million. Read more here.III. Administration Updates:                                                                                                                          During a lunchtime discussion at the U.S. Chamber of Commerce on Tuesday, United States Trade Representative (USTR) Robert Lighthizer said that is the U.S., Mexico and Canada are unable to reach an agreement on a renegotiated NAFTA by the end of May, the issue will likely extend into 2019. He also said that does not intend to use his trip to China this week to change China’s state-driven economic system, but rather to open it up to more foreign competition. “It is not my objective to change the Chinese system,” Lighthizer said. “It seems to work for them. ... But I have to be in a position where the United States can deal with it, where the United States isn’t the victim of it and that’s where our role is.” Read more here. POLITICO reported on Friday that Tara Isa Koslov has been named acting chief of staff to new FTC Chairman Joe Simons. International Updates:This week, the European Commission (EC) issued a notice to stakeholders outlining the consequences of Brexit on copyright. If the UK and EU finalize Brexit then the UK would be covered under EU copyright laws until December 31, 2020. Following that date, UK-based broadcasters will no longer benefit from the country of origin principle and will have to clear rights in all member states that the signal reaches and EU collective management organizations will no longer be obliged to represent UK based collective management organizations in multi-territorial licensing, amongst other changes. Read more here. Industry Updates:On Sunday, Wired did a profile of Rep. Ro Khanna (D-CA), a lawmaker who represents much of Silicon Valley but wants to regulate tech companies. Khanna, at the direction of Minority Leader Pelosi, is in the process of drafting an “Internet Bill of Rights” that he hopes can be a basis for future legislation. In the profile, Khanna points out that an impetus to regulating tech is the lack of knowledge of technology on Capitol Hill. “One of the things that perplexed me most about the hearings was how many of the congresspeople or senators turned to Zuckerberg and said, ‘Tell us what we should do,’” Khanna says about the recent hearings on the Facebook data breach. “If you had the pharmaceutical industry up there or banks up there, you wouldn’t have members of Congress saying, ‘Please tell us how we should regulate you.’” Read more here. YouTube is reportedly beta testing a new feature called Copyright Match which would bring an abbreviated version of its Content ID tool to the masses. YouTube claims that the Copyright Match system would be more sophisticated and robust than Content ID—including the ability for rights holders to monetize infringing videos, or to track their analytics. Read more here. On Tuesday, May 8th at 10 a.m. the Atlantic Council will hold an event titled “Making America First in the Digital Economy: The Case for Engaging Europe.” The event will have a panel featuring EU Ambassador to the U.S. David O’Sullivan; Abigail Slater, Special Assistant to the President for Technology, Telecommunications, and Cybersecurity Policy at the National Economic Council; and Dean Garfield, President and CEO of the Information Technology Industry Council. Read more here. On Monday, May 7th from 11 a.m. to 12 p.m. the University of Pennsylvania Law School’s Center for Technology, Innovation and Competition will hold a briefing for House of Representative staff regarding ad tech, online consumer data collection and consumer privacy in the age of algorithms. The briefing will be in Rayburn 2123. The briefing for Senate staff will be from 1:00-2:30 p.m in Russell 253. On Thursday, The Wall Street Journal editorial board wrote a piece titled “The Nafta Ultimatum Strategy” in which they criticize USTR Lighthizer’s belief that he can afford to lose Republican votes in Congress for a renegotiated NAFTA by picking up Democratic votes. “Republicans are threatening to reject the revised pact if it includes Mr. Lighthizer’s demand to strip arbitration panels for investor-state disputes,” the Editorial Board writes. “Mr. Lighthizer doesn’t seem to care. He wants to present Congress with an ultimatum to approve the renegotiated agreement or watch Mr. Trump let Nafta expire.” The Board goes on to write that the “AFL-CIO-backed” Democrats would likely call Lighthizer’s bluff, let NAFTA expire, and blame President Trump and Republicans for the economic damage. Read more here., CONTENT & TECHNOLOGY POLICY REPORT MAY 4, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JANUARY 12, 2018 Headlines and Highlights:   ·         Senate Commerce Committee to hold hearing on “Terrorism and Social Media” featuring Google, Twitter and YouTube reps.   ·         USTR releases 2017 Notorious Markets list.   ·         Sens. Booker and Harris appointed to Senate Judiciary Committee.   ·         Trump could use NAFTA termination letter as negotiating tactic, Reuters reports.     Congressional Updates:   Representative Darrell Issa (R-CA-49), Chairman of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet, announced that he will not be seeking reelection in his district. Issa was pleased to report that he had worked to clear the course for better intellectual property protections and to “stop the piracy of American ingenuity” during his time in Congress. On Thursday, however, The Hill reported that Issa, who narrowly won reelection in 2016, has discussed the possibility of running in the neighboring 50th district if Republican Rep. Duncan Hunter resigns. Read more here.   Senators Cory Booker (D-NJ) and Kamala Harris (D-CA) were appointed to the Senate Judiciary Committee on Tuesday. Read more here.   On Wednesday, January 17th, at 10 a.m. the Senate Finance Committee will hold a hearing to consider the nominations of Dennis Shea to be Deputy U.S. Trade Representative for the Geneva Office, and C.J. Mahoney to be Deputy U.S. Trade Representative for investment, services, labor, environment, Africa, China and the Western Hemisphere.   On Thursday, January 18th at 10 a.m. the House Energy and Commerce Subcommittee on Digital Commerce and Consumer Protection will hold a hearing on “Disrupter Series: The Internet of Things, Manufacturing and Innovation.” Read more here.   On Wednesday, January 17th at 10 a.m. the Senate Commerce Committee will hold a hearing titled “Terrorism and Social Media: #IsBigTechDoingEnough?” The witnesses include Monika Bickert, Head of Global Policy Management at Facebook; Juniper Downs, Global Head of Public Policy and Government Relations at YouTube; Carlos Monje, Director of Public Policy and Philanthropy at Twitter; and Clinton Watts, the Robert A. Fox Fellow at the Foreign Policy Research Institute. Read more here. Judicial Updates:   On Wednesday the Hollywood Reporter reported that Ed Sheeran, Faith Hill, and Tim McGraw were sued for copyright infringement by Sean Carey and Beau Golden who claim that the song “The Rest of Our Life” co-written by Sheeran and performed by Hill and McGraw copies elements of the Australian songwriters’ 2014 “When I Found You.” Read more here. (IPO Daily News)   III. Administration Updates:                                                                                                                                                                                 The U.S. Department of Commerce issued a report on U.S. digital trade with Canada and Mexico last Friday, January 5th. The document estimates that that intellectual property accounted for $3.7 billion, or 43 percent of the total U.S. “potentially” information and communications technology-enabled services (PICTE) exports to Mexico in 2016. Additionally, it estimates that intellectual property accounts for $8.3 billion, or 30 percent, of the 2016 U.S. PICTE services exports to Canada. These figures are particularly significant, given that U.S. PICTE exports to both countries have increased over the past decade. We will continue to monitor whether this report impacts the renegotiation of the North American Free Trade Agreement (NAFTA), as participants convene for a seventh round of negotiations this month. Read more here.   On Wednesday, Reuters reported that President Trump could issue a NAFTA termination letter as a negotiating tactic to gain leverage over Canada and Mexico in talks to modernize the trade agreement. Read more here.   On Friday, United States Trade Representative (USTR) Robert Lighthizer announced the findings of the 2017 Special 301 Out-of-Cycle Review of Notorious Markets. The List highlights 25 online markets and 18 physical markets around the world that are reported to be engaging in and facilitating substantial copyright piracy and trademark counterfeiting. Read the report here.   International Updates:   On Monday, Dr. Falk Schoning and Christian Ritz, lawyers at Hogan Lovells in Munich, Germany wrote an article titled “Digital Antitrust – Outlook for the European Antitrust Year 2018.” “So far, the focus of antitrust enforcement in the digital world has been on questions regarding ‘big data’ and large, consumer-facing platforms,” Schoning and Ritz write. “For 2018, we expect the debate to expand into other tech areas including Artificial Intelligence (AI), algorithms and blockchain.” Read more here.   On Tuesday, five EU Commissioners met with representatives from Google, Facebook and Twitter to discuss progress in tackling the spread of illegal content online. The Commissioners, alongside European Commission Vice-President Andrus Ansip, recently issued a press release describing illegal content as a threat to security and fundamental rights while demanding a “collective response—from all actors, including the internet industry.” “The Commission seeks to deprive commercial-scale IP infringers of the revenue flows that make their criminal activity lucrative – this is the so-called ‘follow the money’ approach which focuses on the ‘big fish’ rather than individuals,” the Commission explained. Read more here.   Industry Updates:   On Thursday, Brian Pomper, Executive Director of ACTION for Trade—a pro-IP coalition of companies and associations including MPAA, Authors Guild, RELX, and RIAA—penned an op-ed in The Hill urging the government to support strong intellectual property protections in a renegotiated North American Free Trade Agreement (NAFTA). “IP-intensive industries not only generate breakthrough products and new processes and ways to do things, they drive our economy through job creation, high wages and increased exports,” writes Pomper, adding that “all of the IP-intensive industries that are a part of ACTION for Trade stand at the ready to work with the administration and Congress to preserve and protect our creative and innovative industries and the nearly 60 million American jobs they collectively support.” Read more here.   On Wednesday, Keith Kupferschmid, CEO of the Copyright Alliance, wrote an op-ed in The Hill urging Congress to pass the Copyright Alternative in Small-Claims Enforcement Act of 2017 (the CASE Act). Read more here.   On Thursday, the Digital Media Association (DiMA), whose members include Spotify, Apple, YouTube and Pandora, announced their support for H.R. 4706, the Music Modernization Act, legislation that, among other changes, would reform Section 115 of the Copyright Act. “The MMA,” DiMA CEO Chris Harrison writes in a letter to House Judiciary Chairman Goodlatte and Ranking Member Nadler, “creates a blanket licensing system for mechanical rights, which will increase public consumption of licensed music, increase royalties paid out to rights holders, and promote licensing efficiencies.” “We urge support and passage of the Music Modernization Act, and look forward to working with you and the Committee on this key legislation.” Read the entire letter here.    , CONTENT & TECHNOLOGY POLICY REPORT JANUARY 12, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 26, 2018Headlines and Highlights:·         Copyright Office issues final rule adopting exemptions to the statutory prohibition on circumvention of technological measures that control access to copyrighted works. ·         Sen. Warner sends letter to FTC urging them to investigate Android ad fraud scheme. ·         FTC holds panel on “Competition Policy and Copyright Law.” ·         11th U.S. Circuit Court of Appeals rules annotations to legal code not copyrightab Congressional Updates:On Tuesday, Sen. Rob Portman (R-OH), a member of the Senate Finance Committee, gave a speech at the Heritage Foundation on U.S. trade policy. In his speech, Portman highlighted the importance of the Section 301 case against China for alleged IP theft. “Republican and Democratic administrations alike have tried to deal with China on the trade issue to try to get their attention and, frankly, China continues to violate and circumvent our trade laws in so many respects,” Portman said. “I hope the administration’s latest action will get their attention but I hope we can resolve it.” Portman also discussed his desire to quickly complete a free trade deal with the United Kingdom post-Brexit. Read the speech here. On Thursday, Sen. Mark Warner (D-VA) sent a letter to the Chairman of the Federal Trade Commission (FTC) expressing concern about a Buzzfeed News investigation that discovered a massive ad fraud scheme on Android devices. “It seems that across a number of its products Google may have engaged in willful blindness, all while profiting from this fraudulent activity," Warner wrote, urging the FTC to look into the matter. Read the letter here. Judicial Updates: Last Friday, the 11thS. Circuit Court of Appeals ruled that annotations to Georgia’s legal code are “intrinsically public domain material” and cannot be copyrighted, reversing a lower court ruling. The dispute started when a nonprofit—Public.Resource.Org Inc.—began distributing online copies of the Official Code of Georgia Annotated, leading the state of Georgia to sue, arguing the annotations and guidance added by a third-party are protected under copyright. Read more here.III. Administration Updates:                                                                             On Tuesday, October 23rd, the Federal Trade Commission held the fourth session of its “Hearings on Competition and Consumer Protection in the 21st” From 1:30 p.m. to 3:15 p.m. there was a panel on “Competition Policy and Copyright Law” featuring a number of academics as well as Eric Cady from the Independent Film and Television Alliance and Copyright Alliance CEO Keith Kupferschmid. Eric Cady’s remarks focused on the corrosive effects copyright infringement have on the independent film and television industry. Rampant online copyright infringement is due, in part, to the lack of accountability and responsibility that internet platforms have with respect to preventing illicit streaming of content, Cady said. He went on to say that, as a matter of public policy, the U.S. government has prioritized the growth of online platforms at the expense of content creators. One of the core industries Copyright Alliance CEO Keith Kupferschmid discussed is the U.S. software industry, which he said is the most powerful in the world due, in large part, to the strong copyright system in place. Any diminishment of copyright, Kupferschmid warned, either through broad fair use applications or denial of protection, would harm this industry and, in turn, the general public. Lastly, Kupferschmid plugged the importance of the CASE Act throughout the panel discussion, saying it would give small creators some faith in the system again. Watch the hearing here. International Updates:Margrethe Vestager, the European Commissioner for Competition, gave an interview this week to GZERO World with Ian Bremmer in which she discussed her work to maintain a competitive European Union marketplace, particularly in the technology space. When asked why consumers should care about a more competitive marketplace, Vestager warned that services that may seem free are quite the opposite. “If you do a Google search, you pay for the service with your data. You are the product, and sometimes I think that you get a bad deal. You pay too much compared to what you receive.” Watch the entire interview here. Industry Updates:This week, Business Roundtable (BRT)—an association of chief executive officers of America’s leading companies—announced the hiring of Paul DeLaney, a former international trade counsel at the Senate Finance Committee, as vice president. “Paul joins Business Roundtable at a very important time for our organization and for U.S. international trade relations,” Business Roundtable President and CEO Joshua Bolten said in a statement announcing the hire. “Paul’s extensive knowledge and professional experience in both the public and private sectors will bring significant value to our trade policy and advocacy efforts. Read more here. The Librarian of Congress, upon the recommendation of the Acting Register of Copyrights, has published a final rule in the Federal Register adopting exemptions to the statutory prohibition on circumvention of technological measures that control access to copyrighted works.  Publication of the final rule marks the completion of the seventh triennial rulemaking proceeding under 17 U.S.C. 1201. As in prior section 1201 proceedings, the Copyright Office administered the rulemaking through an extensive public process.  For this seventh triennial proceeding, the Office implemented a new streamlining process enabling members of the public to seek renewal of existing exemptions to which there was no meaningful opposition.  The Acting Register ultimately recommended readoption of all exemptions granted in the 2015 rulemaking. The Office then invited public input on proposed new or expanded exemptions through three rounds of written comments and seven days of public hearings in Washington, D.C., and Los Angeles.  As required by statute, the Office also consulted with the National Telecommunications and Information Administration of the Department of Commerce.  Based on this record, the Acting Register recommended the granting of several additional exemptions, as discussed in her formal Recommendation to the Librarian.  The Librarian adopted the Acting Register’s Recommendation in full. The final rule, the Acting Register’s Recommendation, the record materials in this proceeding, and general information about the section 1201 rulemaking process, are available on the Copyright Office website. The U.S. Copyright Office is building a new registration system to meet the demands of the digital age. As the Office develops a new technological infrastructure for this system, it is considering several legal and policy changes to improve user experience, increase Office efficiency, and decrease processing times. The Office is seeking public comment to inform its decisions on how to improve the regulations and practices related to the registration of copyright claims. Read more here.    , CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 26, 2018
    • PATENT & TRADEMARK POLICY REPORT MARCH 9, 2018 I.  Congressional Developments: • On Monday, Sen. Thad Cochran (R-MS), Chairman of the Senate Appropriations Committee, announced his intention to resign from the U.S. Senate effective April 1, 2018, citing poor health as the reason.  “I regret my health has become an ongoing challenge,” Cochran said. “I intend to fulfill my responsibilities and commitments to the people of Mississippi and the Senate through the completion of the 2018 appropriations cycle, after which I will formally retire from the U.S. Senate.” Read more here. • On Wednesday, Sens. Cotton, Ernst, Toomey, Perdue, and McCaskill introduced the Preserving Access to Cost Effective Drugs (PACED) Act, legislation that would stop “firms from renting sovereign immunity from Indian Tribes to prevent federal courts, the ITC and the Patent Office from reviewing the validity of the patents.” Read more here. • On Thursday, March 15th at 10 a.m. the House Science, Space and Technology Committee will hold a hearing on “An Overview of the National Science Foundation Budget Proposal for FY2019” featuring France Cordova, Director of the National Science Foundation, and Maria Zuber, Chair of the National Science Board.  The National Science Foundation funds research and education in most fields of science and engineering. It does this through grants, and cooperative agreements to more than 2,000 colleges, universities, K-12 school systems, businesses, informal science organizations and other research organizations throughout the United States. The Foundation accounts for about one-fourth of federal support to academic institutions for basic research. • On Tuesday, March 6th, the Senate Committee on Finance held a hearing titled “Protecting E-commerce Consumers from Counterfeits.” The purpose of the hearing was for members on the Committee to consider legislative solutions to identify and stop counterfeit goods from entering the United States marketplace, specifically in the E-Commerce market. Chairman Hatch cited a recent Government Accountability Office (GAO) investigation, which revealed that counterfeiting through E-commerce is “causing major issues” for both the Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE); due to the advancements in online purchasing, the GAO found that federal agencies are being forced to adopt new tactics, and work closer together to identify counterfeit products and remove them from the market. Chairman Hatch urged his colleagues to take the GAO report seriously, as well as better track the CFP’s intellectual property enforcement methods. Watch the hearing here. II. Administration Updates: • Congressional Quarterly (CQ) reported this week on the continued vacancies in the White House Office of Science and Technology Policy (OSTP) as well as the Trump Administration’s “markedly” different approach to open data than the Obama Administration. “The Trump Administration has shown that it does not value science- and data-based policies, proven by its disregard for filling key positions at the White House Office of Science & Technology Policy,” Sen. Maggie Hassan, D-N.H., told CQ. Hassan is one of the seven Democratic senators who has now written to the White House twice about the vacancies — once in April 2017 and again in November — without getting a response. Read more here. • On Wednesday, President Trump tweeted that the U.S. is “acting swiftly on intellectual property theft,” and noting that the U.S. cannot “allow this to happen as it has for many years.” In August 2017, the Office of the United States Trade Representative (USTR) announced an investigation of China to determine if their policies “may be harming American intellectual property rights, innovation, or technology development.” Read more here. III. USPTO Updates: • USPTO Director Andrei Iancu will be in Austin, Texas this weekend to unveil a new patent design. The new patent grant cover will be only the second redesign in a hundred years, says the USPTO release. More info here. • The next Patent Public Advisory Committee (PPAC) meeting will be May 3rd at USPTO Headquarters in Arlington, VA. The next Trademark Public Advisory Committee (TPAC) meeting will be May 4th. • Sign-up is now open to attend the April 3 VILT Hops STEPP course “Claim Interpretation – Product By Process." The event will be held virtually, led by USPTO trainers, and is based on material developed for training patent examiners and other employees. • PTAB is hosting its first 2018 “Chat with the Chief” webinar next week, Tuesday, March 13 from noon to 1 p.m. ET. Chief Judge David Ruschke will discuss “New PTAB Studies in AIA Proceedings: Expanded Panels and Trial Outcomes for Orange Book Listed Patents.” • On March 21, the USPTO Office of Innovation Development will host the Women's Entrepreneurship Symposium at the Public Library of Cincinnati & Hamilton County in Cincinnati, Ohio. We will focus on the topics of women inventors, entrepreneurs, and the importance of intellectual property.IV. Judicial Updates: • On Tuesday, March 6, BlackBerry filed a suit against Facebook for patent infringement in the US District Court for the Central District of California. In its suit, BlackBerry argues that Facebook has co-opted various innovations originally developed by BlackBerry, including security, user interface, and other functionality features. The suit involves seven different software patents. Read more here. • Last week, Fujifilm Holdings sued Hologic for patent infringement and unfair trade practices. Fujifilm argues that Hologic has engaged in anticompetitive practices to bar Fujifilm from the US market following the introduction of Fujifilm’s cheaper and allegedly more advanced 3D mammography technology. Fujifilm further alleges that Hologic’s patent infringement suit against Fujifilm last year is part of the same anticompetitive effort. Read more here. V. International Updates: • It was reported this week that LG Group acquired the most patents in the European Union last year, claiming 1,792 patents, according to data released by the European Patent Office. Robert Bosch, the German automotive parts maker, came in second with 1,463 patents and Samsung Group came in at third with 1,408. Read more here.  VI. Industry Updates: • This week, the Trump Administration moved to stall a potential takeover of Qualcomm, the leading American chip maker, by Singapore-based Broadcom, citing national security implications. The Committee on Foreign Investment in the United States (CFIUS), an inter-agency committee authorized to review transactions that could result in control of a U.S. business by a foreign person, is reviewing the deal before it is complete. CFIUS, in a letter to Qualcomm and Broadcom, cited “national security risks related to weakening of Qualcomm’s technological leadership” as well as “risks related to disruption of trusted supply relationship” as red flags.  Read more here. • On Monday, March 12 at 11 a.m. SXSW will hold a panel at the Hilton Austin Downtown Hotel titled “The Persistence of Patent Trolls in Tech” with panelists including Rep. Darrell Issa (R-CA), Chair of the House IP Subcommittee and Evan Engstrom of Engine. Other panels at SXSW include “Tech Under Trump: A 2017/2018 Scorecard” featuring Matt Lira of the White House Office of American Innovation and “Innovating in Legacy Industries” featuring Sen. Coons (D-DE).  , PATENT & TRADEMARK POLICY REPORT MARCH 9, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JUNE 22, 2018Headlines and Highlights: ·         White House releases report on Chinese intellectual property theft. ·         Free State Foundation publishes paper advocating for Congress to make online piracy via streaming a felony. ·         European Parliament votes in favor of tougher copyright rules. ·         Senate Judiciary Antitrust Subcommittee to hold hearing on proposed T-Mobile, Sprint merger.  Congressional Updates: This week, POLITICO reported that the House Judiciary Committee has summoned CEOs from leading social media companies for a June 26th Read more here. The Senate Judiciary Committee on Thursday held an Executive Business Meeting to consider the Music Modernization Act. The bill was listed for consideration but was held over for one week and will be marked up on June 28th.” On Tuesday, June 26th the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on the “National Telecommunications and Information Administration Reauthorization Act of 2018.” On Wednesday, June 27th the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on the proposed T-Mobile and Sprint merger. Judicial Updates:This week, Anish Kapoor, the British-born artist responsible for designing Chicago’s Cloud Gate sculpture, filed a copyright infringement lawsuit against the National Rifle Association after the organization refused to remove an image of the work from a promotional video. The complaint, filed in the U.S. District Court for the Northern District of Illinois, calls on the NRA to stop running the video and pay statutory damages equivalent to $150,000 per infringement. Read more here.III. Administration Updates:                                                                                           This week, the Trump Administration revealed that Secretary of Commerce Wilbur Ross and Gilbert Kaplan, the Commerce Department’s international trade undersecretary, would lead a trade mission to Africa later this month in an effort to deepen ties with the African business community. Ross will visit Ghana and Kaplan will head the delegation in Ethiopia, Kenya, and Ivory Coast. On Tuesday, the White House released a report titled “How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World.” Read the report here. International Updates:On Wednesday, the European Parliament Legal Affairs Committee voted in favor of tougher copyright rules. The rules are designed to force online platforms to share revenues with publishers and bear liability for copyright infringement on the internet. Europe’s news and magazine publishers applauded the move, saying “The internet is only as useful as the content that populates it. This publishers’ neighboring right will be key to encouraging further investment in professional, diverse, fact-checked content for the enrichment and enjoyment of everyone, everywhere.” Read more here. Industry Updates:On Tuesday, Early Anthony Wayne, a public policy fellow at the Wilson Center and a former U.S. Ambassador to Mexico and Argentina, wrote an op-ed urging NAFTA negotiators to redouble efforts to pass a renegotiated agreement. ”An agreement that preserves and increases the almost 14 million American jobs supported by NAFTA is clearly in the U.S. interest,” Wayne writes. “But, important differences remain on issues including the auto rules, intellectual property, agricultural market access, labor, geographical indications, dispute settlement, government procurement and whether or not to have a “sunset clause” (an issue that helped set off the public clash with Canada).” Read more here. This week, The Free State Foundation, a free market think tank based in Maryland, published a paper titled “Modernizing Criminal Copyright Law to Combat Online Piracy” in which the authors argue Congress should make “online piracy via streaming a felony.” “Although criminal copyright law is sometimes subject to attack by critics, criminal enforcement against piracy or willful infringement of copyrighted works has solid constitutional and historical foundations. In order to address growing copyright piracy taking place through online streaming sites and enabled by illicit streaming devices, Congress should draw on those foundations and update criminal copyright law.” Read more here. The United States Copyright Office is extending the deadline for the submission of written comments in response to a notice of proposed rulemaking that recommends the adoption of a new fee schedule with proposed changes to fees for services in the following areas: registration; recordation; record retrieval, search, and certification; the Licensing Division; and other ancillary services. The Office is extending the deadline by an additional sixty days to ensure that members of the public have sufficient time to respond. Written comments must be received no later than September 21, 2018, at 11:59 p.m. eastern time. The formal extension notice, the notice of proposed rulemaking, and instructions on how to submit a comment are available here. On Monday, Stephanie Moore, an former chief counsel to the House Judiciary IP Subcommittee and former senior adviser to the Register of Copyrights, wrote an op-ed in the Houston Chronicle urging the United States Trade Representative and Congress to not let Big Tech “take over the NAFTA negotiations.” Moore alleges that Big Tech is “actively working to have the most expansive, unreformed versions of these broken and dangerous safe harbors embedded in the new NAFTA. That would effectively cut out the Congress and the Copyright Office and prevent U.S. policymakers from fixing a 20-year-old mistake — right at the very moment when reform is finally possible and imminently necessary.” Read more here., CONTENT & TECHNOLOGY POLICY REPORT JUNE 22, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JULY 27, 2018Headlines and Highlights:·         Librarian of Congress says “Strategic Plan” for Library will be public before Oct. 1st. ·         NTIA publishes stakeholder comments on its Internet policy priorities for 2018 and beyond. ·         Senate Appropriations Subcommittee questions USTR Lighthizer on NAFTA and tariffs during budget hearing. ·         U.K. Trade Secretary says he expects U.S.-U.K. FTA talks to begin in Spring 2019. Congressional Updates: On Tuesday, July 31st at 10 a.m. the Senate Commerce Science and Transportation Subcommittee on Communications, Technology, Innovation and the Internet will hold a hearing titled “The Internet and Digital Communications: Examining the Impact of Global Internet Governance.” The hearing will feature witnesses from GoDaddy, American Enterprise Institute, the Business Roundtable and more. Read more here. In early June, the National Telecommunications and Information Administration (NTIA) sought comments and recommendations from stakeholders on its international Internet policy priorities for 2018 and beyond. Last Friday, the NTIA published those comments they received from a range of groups including the U.S. Chamber of Commerce, RIAA, Copyright Alliance, MPAA, Public Knowledge, and the Internet Association. Read the comments here. On Tuesday, Sen. Elizabeth Warren (D-MA) expressed her support for the European Union’s recent $5 billion fine of Google for antitrust violations and criticized the U.S. for not vigorously enforcing its antitrust laws. “Look, [the EU] made their case, and they make a pretty strong case,” Warren told CNBC’s John Harwood. “What it shows is that Europe is serious about antitrust laws, Europe is serious about anti-competition laws, and the U.S. is lagging.” Read more here. On Wednesday, the Committee on House Administration held an oversight hearing of the Library of Congress’ strategic plan, part 2. The witnesses were Librarian of Congress Dr. Carla Hayden; Kurt Hyde, Inspector General for the Library of Congress; and Dianne Houghton, Director of strategic planning and performance management at the Library of Congress. During the hearing, Dr. Hayden stated that the Library is on track to publish a plan to guide their activities over the next 5 fiscal years on October 1st, 2018. Dr. Hayden said that the leadership of the Library is focusing on enhancing all users’ experiences at the Library. She continued by listing four goals for the Library going forward: expand access, enhance service, optimize resources, and measure impact. Read more here. On Thursday, the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies held a hearing entitled “Review of the Funding Priorities for the Office of the U.S. Trade Representative.” The Committee used the hearing as an opportunity to examine funding priorities for the Office of the U.S. Trade Representative (USTR). Senators focused their concerns on the USTR’s renegotiation of the North American Free Trade Agreement (NAFTA) as well as the imposition of tariffs on China, Canada, and Mexico. USTR Lighthizer explained how USTR is working to combat Chinese intellectual property theft. In response to forced technology transfer among U.S./China joint ventures and “non-economical” licensing imposed on U.S. firms in China, Mr. Lighthizer explained his enthusiasm with the retaliations against China by the Trump Administration. These retaliations include: filing cases under provisions of the WTO, targeted tariffs, export controls, and direct investment in critical technology. Mr. Lighthizer concluded by explaining that it is the intention of the USTR and the Trump Administration to lead a strategy that decreases trade barriers, subsidies, and quotas imposed by the U.S.’s foreign counterparts in order to negotiate free and equitable trade agreements. Read more here. Judicial Updates:This week, a U.S. district judge dismissed with prejudice a copyright infringement lawsuit filed by the estate of playwright Paul Zindel against filmmaker Guillermo del Toro, accusing him of appropriating elements from Zindel’s play Let Me Hear You Whisper in his Oscar-winning film The Shape of Water. Judge Percy Anderson issued a brief ruling yesterday dismissing the suit and saying that del Toro and Fox Searchlight are entitled to recover the costs of defending against the legal claim. Read more here.III. Administration Updates:                                                                                        On July 20th, President Trump sent a letter of congratulations to Mexican President-elect Andres Manuel Lopez Obrador. In the letter, Trump states that a successful renegotiation of the North American Free Trade Agreement (NAFTA) “will lead to even more jobs and higher wages for hard-working American and Mexican workers—but only if it can go quickly, because otherwise I must go a much different route.” Read more here. International Updates:K. Secretary of State for International Trade Liam Fox gave a speech at the Heritage Foundation this week in which he says he expects the U.K. and U.S. to begin trade agreement talks in Spring 2019. Read more here. Industry Updates:On Monday, a group of conservative organizations including Freedom Partners, Heritage Action and Americans for prosperity sent a letter to House Republican members of the Appropriations Committee urging them to use spending bills to undo President Trump’s tariffs and other trade actions. “Tariffs trigger self-inflicted economic harm and lead down a destructive, tit-for-tat path as our trade partners retaliate with more tariffs,” the groups write. “They threaten higher costs for American businesses and consumers while jeopardizing the jobs of countless workers.” Read more here. On Tuesday, The Verge published an interview with Sen. Ron Wyden (D-OR), Ranking Member of the Senate Finance Committee, on a number of tech-related issues such as Section 230 of the Communications Decency Act, whether Facebook should be broken up, and Net Neutrality. In response to a question about whether Congress should look at changing Section 230, legislation that limits internet companies’ liability for what is posted on their platforms, Wyden said the “ball right now is in the industry’s court” but if they don’t step up and police their platforms, Congress will step in. Wyden went on to refute tech companies’ oft-repeated claim that they are neutral pipes for information. “[D]on’t tell us your pipes are neutral. They’re not. They’re pipes that have to be used for the benefit of society.” Read more here. On Wednesday, the United States Patent and Trademark Office’s (USPTO) Office of Policy and International Affairs, in partnership with the International Trade Administration, posted a job announcement for an IP Attaché position in the U.S. Embassy in Mexico City. According to the posting, the “high profile diplomatic position requires a law degree and knowledge of all fields of IP.” More info here., CONTENT & TECHNOLOGY POLICY REPORT JULY 27, 2018
    •  Headlines and Highlights: ·         Senate expected to confirm Andrei Iancu to serve as next USPTO Director on Monday. ·         36 Republican Senators send letter to Trump urging him to modernize, not terminate, NAFTA. ·         White House releases fact sheet alleging China IP theft costs U.S. “billions of dollars” each year. ·         Google’s parent company announces John Hennessy as next Executive Chairman.   Congressional Updates: On Wednesday, Rep. Trey Gowdy (R-SC) announced he will not seek reelection after his current term ends at the end of 2018. Gowdy, a member of the House Judiciary Committee who was rumored to be in contention for the chairmanship slot, said he intends to return to the “justice system.” Read more here. On Tuesday, the Senate reached an agreement to hold a confirmation vote on Andrei Iancu—the nominee to serve as next Director of the United States Patent and Trademark Office (USPTO)—on Monday, February 5th. Read more here. According to a report by Reuters, this week, Senate Minority Leader Chuck Schumer (D-NY) has recommended that the White House nominate one of his top aides, Rebecca Slaughter, to a Democratic seat on the Federal Trade Commission (FTC). Read more here. On Tuesday night, a group of 36 Republican Senators, led by Sen. Cory Gardner (R-CO), sent a letter to President Trump “outlining a way forward on NAFTA.” While the Senators urged Trump to preserve NAFTA, they did highlight a few areas where there are “opportunities to improve the agreement.” Specifically, they suggested “modernizing NAFTA to increase market access, expand energy exports to maximize domestic energy production and including provisions on intellectual property and e-commerce…” Read the letter here. On Wednesday, Rep. Robert Brady (D-PA), Ranking Member of the House Administration Committee—which, among other duties, oversees the Library of Congress—announced he would not seek reelection. In early January, Rep. Gregg Harper (R-MS), the current House Administration Committee Chairman, announced he, too, would not seek reelection. Judicial Updates:This week, R&B singer Leroy Phillip Mitchell, known as Prince Phillip Mitchell, filed a copyright infringement lawsuit against Kanye West and Solange Knowles, claiming they both used parts of his song “If We Can’t Be Lovers” without permission. The lawsuit is seeking $150,000 per infringement. Read more here.III. Administration Updates:                                                                                                                                                  A White House fact sheet released on Tuesday night estimated that Chinese intellectual property policies and practices cost the U.S. “billions of dollars each year.” Although the fact sheet hinted at the ongoing United States Trade Representative (USTR) investigation into the matter, which began in August 2017, it could serve as a barometer for the type of damages the U.S. could claim in its Section 301 investigation. Read more here.   During a press conference earlier this week, U.S. Trade Representative Lighthizer asserted that “some progress was made” during the sixth round of North American Free Trade Agreement (NAFTA) talks. However, he also clarified that renegotiations “are progressing very slowly.” Specifically, Mr. Lighthizer offered that one point of contention for the United States was the proposed rules of origin language for automobiles, which he claimed were enormously vague. Read more here.   During his first State of the Union address on Tuesday, President Trump vowed to protect intellectual property in trade agreements. Specifically, he stated, “We will work to fix bad trade deals and negotiating new ones,” adding that “we will protect American workers and American intellectual property, though strong enforcement of our trade rules.” Read more here.   International Updates: On Wednesday, a group of 126 prominent European screenwriters and directors published an open letter calling on European lawmakers to quickly adopt the Copyright Directive in the Digital Singe Market. Under the proposed legislation, companies that provide access to the public to “large amounts of works uploaded by their users” must take measures to ensure rights holders are properly remunerated, and take down material that infringes copyright. Read more here.   This week, a coalition of international rights-holder organizations penned an open letter to the new Presidency of the European Council, which Bulgaria officially took over as of January 2018, asking them to abolish safe harbors. The Value Gap Coalition, as the group is known, wrote that they are campaigning to find a solution “to a major problem which is holding back our sector and jeopardizing future sustainability – the Transfer of Value, otherwise known as the Value Gap.” “User uploaded content services have become vast distributors of our creative works e.g. film, music, photos, broadcasts, text and sport content,” the coalition writes, “all while refusing to negotiate fair or any copyright licences with us as right holders.” Read the letter here.   Industry Updates:On Sunday, music producer and author Kabir Sehgal wrote an op-ed in The New York Times titled “Congress, It’s Time to Pay Musicians,” in which Sehgal asks Congress to pass the Fair Play, Fair Pay Act; the Classics Act; and the Music Modernization Act—three pieces of legislation, he argues, “would go a long way to helping musicians earn a better paycheck.” Read more here. The Content Creators Coalition (C3) sent a letter to leaders of the House and Senate Judiciary Committees, urging members to hold anti-trust hearings over reports that YouTube is allegedly demanding creators include ‘non-disparagement’ agreements in their production and promotion deals. According to the document, such actions would thwart Congressional review of the Digital Millennium Copyright Act’s safe harbors, as well as squash public debate on the matter. Read more here. Alphabet Inc., the parent company of Google, announced in a regulatory filing this week that John Hennessy, a former Stanford University president and one of Google’s first users, would replace Eric Schmidt as Executive Chairman. Read more here, CONTENT & TECHNOLOGY POLICY REPORT FEBRUARY 2, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT  APRIL 27, 2018Headlines and Highlights:·         Members of New Democrat Coalition send letter to USTR Lighthizer on NAFTA. ·         White House sends delegation to China to attempt to resolve U.S.-China trade issues. ·         Canadian government announces details of “Intellectual Property Strategy.” ·         MPAA CEO addresses CinemaCon, discusses efforts to fight piracy. Congressional Updates: Gary Andres, who served as the majority staff director for the House Energy and Commerce Committee from January 2011 to February 2017, has been named the new majority staff director of the House Ways and Means Committee. Andres has most recently worked as senior executive vice president for public affairs at the Biotechnology Innovation Organization. Read more here. On Wednesday, the Music Modernization Act passed the House of Representatives by a 415-0 vote. Speaking from the House floor, House Judiciary Chairman Bob Goodlatte (R-VA), a sponsor of the legislation, said the bill “brings early 20th century music laws for the analog era into the 21st century digital era,” adding, “music is no longer written on piano rolls, and our laws shouldn’t be based on that technology either.” Read more here. On Wednesday, Librarian of Congress Dr. Carla Hayden testified before the House Appropriations Legislative Branch Subcommittee on the “FY2019 Budget for the Library of Congress.” During the hearing, Dr. Hayden mentioned several times that modernization of the IT systems in the Library of Congress and Copyright Office remains a priority. Additionally, she said that they have hired 15 new Copyright Office examiners and have reduced the backlog by 25 percent. The House Appropriations Legislative Branch Subcommittee released its FY19 Legislative Branch Appropriations bill on Wednesday, as well. The draft bill authorizes the Copyright Office to spend $93.4 million from collections, which is up from $72 million in FY18. Read more here. On Thursday, Reps. Takano (D-CA) and Foster (D-IL) introduced a resolution urging funds for the Office of Technology Assessment, an organization—dormant since 1995—that provides nonpartisan policy recommendations on technical issues. Sen. Wyden (D-OR) filed a similar measure in the Senate. Read more here. On Thursday, a dozen members of the New Democrat Coalition—a group of pro-trade Democrats—sent a letter to United States Trade Representative (USTR) Lighthizer warning him that his approach toward the NAFTA renegotiation may not get the bipartisan support he wants. The members allege that USTR is placing its focus “in the wrong places” and should instead work on implementing enforceable labor and environment rules and strong digital trade provisions. Members that signed the letter include Reps. Ron Kind (WI), Derek Kilmer (WA), Suzan Delbene (WA), and Jim Cooper (TN), amongst others. Read more here. On Wednesday, the Senate Commerce Committee unanimously approved the nomination of Rebecca Slaughter to serve as a Commissioner on the Fede ral Trade Commission (FTC). On Thursday, the full Senate confirmed all five of the FTC nominees, including Slaughter. Read more here. Judicial Updates:On Monday, the U.S. Court of Appeals for the 9th Circuit upheld a lower court ruling that dismissed a lawsuit by the People for the Ethical Treatment of Animals (PETA) against photographer David J. Slater whose camera was used by a crested macaque to take a selfie in 2011. PETA alleged that Slater infringed the copyright of the monkey, known as Naruto, because he did not get permission to use the photograph. The judges ruled that Slater did not infringe Naruto’s copyright because U.S. copyright law only applies to humans. Read more here.III. Administration Updates:                                                                                                                                                           On Tuesday, President Trump announced he will send Treasury Secretary Steven Mnuchin and USTR Lighthizer to China “in a few days” to talk trade with Beijing and work out a potential deal to resolve U.S.-China trade disputes. National Economic Council Director Larry Kudlow and Peter Navarro are also expected to join the delegation. Read more here. On Thursday, World Intellectual Property Day, President Trump issued a proclamation recognizing “how integral intellectual property rights are to our Nation’s economic competitiveness.” President Trump went on to say that he has directed Federal agencies to “aggressively respond” to the theft of IP as a way to “protect American jobs and promote global innovation.” Read more here International Updates:According to a report by China Daily, China’s internet copyright industry was worth $101 billion in 2017, a 27 percent increase from 2016. The report, which relates to online videos, games and apps, comes from a report released by the Internet Copyright Industry Research Center ahead of World Intellectual Property Day. Read more here. On Thursday, the Canadian government announced additional details related to its Intellectual Property Strategy. The initiative, according to the Canadian government, is aimed at tackling the problem of companies struggling to commercialize following research and innovation. “We know IP is a critical ingredient in helping Canadian businesses reach commercial success,” said Navdeep Bains, Minister of Innovation, Science and Economic Development. “Canada’s IP Strategy will make sure Canadians know the value of their intellectual property and how to leverage it to innovate, increase profits, and create middle-class jobs.” Read more here. Industry Updates:This week, Charles Rivkin, the Chairman and CEO of the MPAA, addressed movie exhibitors at Las Vegas’s CinemaCon. In his speech, Rivkin said that globally theaters hit a record high of $40.6 billion at the box office in 2017. He went on to discuss the importance of protecting intellectual property for the future health of the film and television industry. “I understand, on a visceral level, how important copyright is to any creative business and in particular our country’s small and medium enterprises – which are the backbone of the American economy. As Chairman and CEO of the MPAA, I guarantee you that fighting piracy in all forms remains our top priority.” Read more here. An examination by the Washington Post this week found that for some popular product categories, including Bluetooth headphones and speakers, the majority of reviews violate Amazon’s prohibition on paid reviews. According to the investigation, many of the fraudulent reviews originate on Facebook. “We know that millions of customers make informed buying decisions everyday using Customer Reviews,” an Amazon spokeswoman, Angie Newman, said in a statement. “We take this responsibility very seriously and defend the integrity of reviews by taking aggressive action to protect customers from dishonest parties who are abusing the reviews system. . . . We take forceful action against both reviewers and sellers by suppressing reviews that violate our guidelines and suspend, ban or pursue legal action against these bad actors.” Read more here.  , CONTENT & TECHNOLOGY POLICY REPORT APRIL 27, 2018
    • PATENT & TRADEMARK POLICY REPORT JANUARY 5, 2018 Headlines and Highlights:             ·         Senator Orrin Hatch announces retirement. ·         Senate Judiciary Committee seat remains vacant following Sen. Franken’s departure. ·         Saint Regis Mohawk Tribe concerned about bias in PTAB trial. ·         Administration report on China IP practices could be released this month. ·         China sees 14.2% increase in patent applications in 2017. ·         FDA releases draft guidance on generic drug applications; pledges further steps to increase generic competition.       Congressional Developments:   The House was not in session this week. The Senate was in session, but opted not to hold any votes after Wednesday due to a winter storm. On Tuesday, Senator Orrin Hatch (R-UT), the longest-serving Senate Republican and the chairman of the Senate Finance Committee, announced he would retire at the end of the year. Read more here.  With Senator Hatch’s retirement, current Judiciary Committee Chairman Chuck Grassley (R-IA) may have the option to become top Republican on the Senate Finance Committee in 2019, being the most senior Republican on the Finance Committee behind Hatch. If that were to happen, Senator Lindsey Graham (R-SC) is likely to become top Republican on the Judiciary Committee, being next in seniority in the Republican Judiciary Committee ranks. Read more here. Politico reports that the Judiciary Committee seat of former Senator Al Franken (D-MN) will remain vacant until Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) finish “discussing whether the number of seats allotted to each party on committees will be adjusted to reflect the smaller GOP majority” resulting from the election of Senator Doug Jones (D-AL). Read more here. III. USPTO Updates:   Patent Trial and Appeal Board (PTAB) Chief Administrative Patent Judge David Ruschke has written a blog post about PTAB’s recent guidance on the Aqua Products, Inc. v. Matal Federal Circuit Court decision. Read morehere. The USPTO has updated its Fee Schedule with a number of changes to Patent Cooperation Treaty (PCT) fees to foreign offices. Read more here. The USPTO will hold a Patent Quality Chat webinar titled ‘Unlocking Open Data for our Patent Customers’ on Tuesday, January 9 at noon ET. Read more here.   Judicial Updates:   The Saint Regis Mohawk Tribe has filed a motion for discovery in its PTAB proceeding against Mylan, Teva, and Akorn citing concerns about “due process, the impartiality of the merits panel in this case, and whether political or third-party pressure has been asserted.” The motion expresses concern that “Congress has expressed an interest in this specific case and held hearings concerning the proceedings,” and states “there is also a strong possibility that the merits panel has been expanded to include USPTO executives, including Chief Judge David Ruschke, a person who has made prior public comments on the issue of sovereign immunity and this case.” The Tribe also argues that the USPTO “has a direct pecuniary interest in the outcome of this case,” which “could have a non-trivial impact on the fees collected by PTAB for IPRs.” Finally, the motion states that “there is a strong possibility of interested parties (both political and private) that may be seeking to influence the outcome” of the case. Read more here. International Updates:   CNBC reports that a draft report on Chinese violations of U.S. intellectual property is “circulating among agencies.” The report’s allegedly “muscular” recommendations “are still being discussed, but could be made public this month,” according to an unnamed administration official. The New York Times cites “trade analysts” as suggesting that the administration “might consider restrictions on Chinese investment in the United States, as well as tariffs on Chinese products.” Axios reports that it is “quite likely Trump will use 301 authority [in January] to put tariffs on Chinese consumer electronics as retaliation against” intellectual property theft. Axios further notes that although Gary Cohn and Steve Mnuchin “don’t like tariffs, they’re comparatively comfortable with targeted actions against truly bad actors, as in this case.” Reuters reports that China’s state council announced on Wednesday that it will improve intellectual property rights protections in the country, but no further details were provided in the Reuters report. China saw a 14.2 percent increase in patent applications in 2017, with a total of 1.38 million applications, according to Xinhua. Shen Changyu, the head of the State Intellectual Property Office, told the outlet that “Protection of IP should be further strengthened to create a favorable market environment, while the application of IP should be strengthened to better support the real economy.” Read more here. Industry Updates:   This week, the Food and Drug Administration (FDA) released two documents intended to “streamline and improve aspects of the submission and review of generic drug applications,” as part of the agency’s efforts to encourage generic competition. One document is draft guidance for industry on Abbreviated New Drug Application (ANDA) submission practices, and the other is a manual outlining ANDA assessment practices for FDA staff that “formalizes a more streamlined generic review process, including the introduction of new templates that will make each cycle of the review process more efficient and complete.” The FDA also said that in the coming year it will build on its initiatives to “accelerate generic entry of complex generics,” and “take steps aimed at making it harder for brand companies to sometimes adopt tactics that prevent generics from coming to market in the time frame that the law intended.” That latter effort will include guidance to address “potential abuses of the citizen petition process, companies that restrict access to testing samples of branded drugs, and abuses of the single, shared system REMS negotiation process.” Read more here and here. Writing about the outlook for patent policy in 2018, American Enterprise Institute (AEI) adjunct fellow Michael Rosen highlights the coming Supreme Court decisions in the Oil States case; further judicial development of venue law following last year’s TC Heartland Supreme Court decision; and a potential revival of patent reform efforts in Congress. As for the latter, however, Rosen notes, “it’s tempting to think that in a midterm election year, with budget and other battles looming, legislative patent reform will remain on the back burner.” Read more here. Intellectual property consultant James Edwards has written an IP Watchdog article highlighting various conservative perspectives – including from Richard Epstein, Alden Abbott, Philip Hamburger, and Adam Mossoff - on the Oil States Supreme Court Case. Read more here.   , January 6, 2018 Patent & Trademark Policy Report, ,
    • CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 12, 2018Headlines and Highlights:·         USTR Lighthizer meets with Senate advisory committee to discuss future trade deals.   ·         Sen. Warner criticizes Big Tech and mulls reforms to Section 230. ·         President Trump signs MMA into law. ·         Trump and Xi Jinping agree to meet at G-20 next month. ·         IFPI releases 2018 Music Consumer Report. Congressional Updates:On Wednesday, United States Trade Representative (USTR) Lighthizer told a Senate advisory committee that the Trump Administration has an interest in negotiating trade deals with a number of partners, including the European Union, Japan, and the U.K. Sen. Rob Portman (R-OH) told reporters he didn’t believe it was an official notice of talks, but noted “we can begin to touch gloves. It’s already started,” with respect to Japan and the EU. USTR is required to provide 90 days’ written notice before it formally launches trade negotiations. More info here. On Thursday, Sen. Mark Warner (D-VA), Ranking Member of the Senate Intelligence Committee and a member of the Senate Finance Committee, was interviewed by The Atlantic and he raised concerns with Big Tech’s “pathetic” response to security concerns, and questioned if the Section 230 framework was appropriate for the modern Internet. “The social-media companies fight any changes to Section 230 as if it will provoke the complete destruction of the public square,” Warner says. “Obviously, that is not the case.” Warner goes on to question whether the industry can administer a “decency doctrine” or if Congress will need to step in. Read more here. On Wednesday, October 10th, the Senate Commerce Committee held a second hearing to examine consumer data privacy. In contrast to the Commerce Committee’s first privacy hearing, this hearing invited witnesses that had experience with implementing and assessing recent privacy laws, including the European Union’s (EU) General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA). Witnesses on the panel included the Chairman of the EU’s data protection board, the Chairman of Californians for Consumer Privacy, the Executive Director of Georgetown’s Law Center on Privacy & Technology, and the President and CEO of the Center for Democracy & Technology (CDT). Many Senators on the Committee used the question and answer portion of the hearing to inquire about different provisions in the GDPR. Watch the full hearing online here. Judicial Updates:This week, Sony Interactive Entertainment filed a copyright infringement lawsuit against a California hacker who sold jailbroken PlayStation 4’s on eBay. Jailbreaking the gaming system allows users to play pirated copies of games. Read more here.III. Administration Updates:                                                                                    On Thursday, President Trump signed into law the Music Modernization Act (MMA), legislation to modernize copyright-related issues to musiclicensing.. "The Music Modernization Act closes loopholes in our digital royalty laws to ensure that songwriters, artists and producers receive fair payment for licensing of music," Trump said just before signing the law. "I've been reading about this for many years and never thought I'd be involved in it, but I got involved in it. They were treated very unfairly. They're not going to be treated unfairly anymore." Read more here. President Trump and Chinese leader Xi Jinping agreed this week to meet next month at the G-20 summit in Buenos Aires in an attempt to resolve their growing trade conflict. Trump has stated he aims to force Beijing to end the stealing of intellectual property from U.S. companies. Read more here. International Updates:Business leaders from the United States and Mexico concluded the tenth meeting of the U.S.-Mexico Dialogue this week. This semiannual, private-sector forum seeks to foster conversation on key economic and trade issues that impact the relationship between the two countries. According to a U.S. Chamber of Commerce statement, discussions focused heavily on analyzing the U.S.-Mexico Canada Agreement (USMCA) and setting shared policy priorities in advance of the seating of the new government in Mexico. Read more here. Industry Updates:On Tuesday, the International Federation of the Phonographic Industry (IFPI) released its 2018 Music Consumer Insight Report. The report provides in-depth data about current global music consumption trends. The report found that, despite the increased popularity of streaming services such as Spotify and Apple Music, nearly 38% of global music consumption is still via copyright infringing methods. Additionally, the report found that user-upload services like YouTube are not returning fair value to the music community. Read the report here. On Friday, October 18th the Washington International Trade Administration (WITA) will hold an event titled “The U.S.-Mexico-Canada Agreement: What’s New in NAFTA 2.0?” The event will feature a panel consisting of Gov. Matt Blunt, President of the American Automotive Policy Council; Victoria A. Espinel, President and CEO of BSA: The Software Alliance; and Joe Glauber, Senior Research Fellow at the International Food Policy Research Institute. Read more here., CONTENT & TECHNOLOGY POLICY REPORT OCTOBER 12, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT MARCH 2, 2018Headlines and Highlights:·         House passes FOSTA-SESTA bill, Senate expected to vote on it in mid-March. ·         White House releases 2018 Trade Policy Agenda and 2017 Annual Report. ·         Sen. Corker will not run for reelection after reconsidering his retirement, aide tells POLITICO. ·         Senate Finance Committee to hold hearing on counterfeits in E-commerce. Congressional Updates: On Tuesday afternoon, the House passed H.R. 1865, the Fight Online Sex Trafficking Act (FOSTA), by a 388-25 vote. The legislation would amend Section 230 of the Communications Decency Act to allow criminal and civil actions against a website if its conduct violates federal sex trafficking laws. Sen. Portman (R-OH), one `of the lead sponsors of the Senate version of FOSTA, released a statement applauding the House and urging the “Senate to quickly pass this bipartisan bill and send it to the president’s desk so we can allow trafficking survivors to get the justice they deserve but have long been denied.” While Sen. Wyden (D-OR) has placed a hold on the Senate version of SESTA, he has yet to put one on the House version. Read more here. On Tuesday, March 6th at 10 a.m. the Senate Finance Committee will hold a hearing titled “Protecting E-commerce Consumers from Counterfeits.” Read more here. POLITICO reported on Monday that Rep. David Cicilline (D-RI), Ranking Member of the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law, will introduce a bill next week called the Journalism Competition and Preservation Act of 2018. The legislation would “let news publishers use collective leverage with the tech companies that capture much of digital advertising money.” News Media Alliance CEO David Chavern endorsed the idea in a Wall Street Journal op-ed on Sunday. Read more here. In an interview with POLITICO on Tuesday, Todd Womack, Chief of Staff for Sen. Corker (R-TN), said his boss will not run for reelection after reconsidering his decision last fall to retire. “He’s always believed and served as though he were only going to be in the Senate for two terms,” Womack said, adding that he “was willing to listen to folks but he really believes the decision he made in September was the right one and is going to be leaving the Senate at the end of the year.” Read more here. Mississippi State Rep. Steve Holland, who served as Sen. Thad Cochran’s (R-MS) state political director in 1980, told the Daily Journal this week that “reliable sources” told him Cochran will retire sometime after March 1st. Holland went on to say that those same sources indicated that Mississippi House Speaker Philip Gunn is in line to be appointed by Mississippi Governor Phil Bryant to fulfill Cochran’s remaining term. Sen. Cochran currently serves as the Senate Appropriations Chairman and his retirement would likely mean that Sen. Richard Shelby (R-AL) would be next in line to assume the chairmanship. Read more here. At an Axios event on Wednesday, Rep. Greg Walden (R-OR), Chairman of the House Energy and Commerce Committee, said that if large tech companies are not responsible then he will look to regulate them through legislation. Walden raised multiple areas for possible regulation, including the anti-sex trafficking legislation that just passed the House, digital political advertisements, privacy as it related to the data collected by online platforms, and net neutrality. Read more here. On Tuesday, March 6th at 10 a.m. the House Energy and Commerce Communications and Technology Subcommittee will hold a hearing on “Oversight of the National Telecommunications and Information Administration.” Judicial Updates:On Tuesday, February 26, the United States Court of Appeals for the Second Circuit published its decision in the long-awaited Fox News Network v. TVEyes case, reversing the lower court's holding that TVEye's use of Fox News and other TV and radio stations' content constituted fair use under the Copyright Act. The Court found that while the use was slightly transformative, other elements counted against the finding of fair use. Read more here.III. Administration Updates:                                                                                                                                                        Julia Friedman has joined the House Ways and Means Committee Democrats’ trade staff as counsel, POLITICO reports. Friedman previously served as Director for Innovation and Intellectual Property at the Office of the United States Trade Representative (USTR). On Wednesday, the White House sent its 2018 Trade Policy Agenda and 2017 Annual Report to Congress outlining the Administration’s trade priorities. In renegotiating the North American Free Trade Agreement (NAFTA), the Administration stated that it has two primary goals: to update NAFTA with modern provisions representing a high standard agreement for the 21st century—including strong provisions on digital trade and intellectual property, amongst others. Second, the Administration wants to “rebalance NAFTA”, specifically that they believe the agreement “encourages” companies serving the U.S. market to put their facilities elsewhere. Read more here and here. On Thursday, Roberta S. Jacobson, the U.S. Ambassador to Mexico, announced her plans to resign her post in May of this year. “I have come to the difficult decision that it is the right time to move on to new challenges and adventures,” Mrs. Jacobson wrote in her resignation letter. “This decision is all the more difficult because of my profound belief in the importance of the U.S.-Mexico relationship and knowledge that it is at a crucial moment.” The Trump Administration has yet to name a replacement for Jacobson. Read more here. International Updates:On Wednesday, March 7th the Ripon Society will hold a discussion on “The New NAFTA” at the Capitol Hill Club, featuring Ambassadors Geronimo Gutierrez Fernandez of Mexico and David MacNaughton of Canada as well as Rep. Will Hurd (R-TX) and Sen. Jerry Moran (R-KS). More info here. Industry Updates:On Monday, Sheryl Sandberg, Chief Operating Officer at Facebook, announced that Facebook would support the amended H.R. 1865, Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) after one of the bill’s sponsors, Rep. Walters (R-CA), announced her intention to add language from the Senate version of the bill. “Sex trafficking – particularly of young girls and boys – is one of the most heinous acts that takes place anywhere in the world,” Sandberg wrote in a post on her Facebook page. “That’s why we at Facebook support efforts to pass amended legislation in the House that would allow responsible companies to continue fighting sex trafficking while giving victims the chance to seek justice against companies that knowingly facilitate such abhorrent acts.” On Monday, SiriusXM CEO Jim Meyer wrote an op-ed in Billboard in which he called the CLASSICS Act—legislation that would require digital services to pay a performance royalty for use of sound recordings before 1972—seriously flawed and a “massive subsidy…to terrestrial radio.” “SiriusXM has been, and hopes to always be, clear about its position -- all artists should be compensated by all users of sound recordings under federal law,” writes Meyer. “What we oppose is the massive subsidy that the CLASSICS Act gives to terrestrial radio -- the industry that has benefited the most and longest from the efforts of working artists.” Read more here.  Axios reported on Tuesday that the News Media Alliance, which represents over 2,000 newspapers in the U.S., is launching a Political Action Committee (PAC) to petition Congress for an antitrust safe harbor against Google and Facebook. Read more here., CONTENT & TECHNOLOGY POLICY REPORT MARCH 2, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JUNE 8, 2018Headlines and Highlights:·         Austrian court rules YouTube can be held partly liable for copyright breaches on site. ·         Reps. McCarthy, Collins and Goodlatte write op-ed urging Senate passage of MMA. ·         EU authorities preparing fine of up to $11 billion of Alphabet Inc. ·         Retiring RIAA CEO gives speech on shifts he has seen in the music industry. Congressional Updates: On Tuesday, House Majority Leader Kevin McCarthy (R-CA), Rep. Doug Collins (R-GA), and House Judiciary Chairman Bob Goodlatte (R-VA) wrote an article on Fox News urging the Senate to pass the Music Modernization Act (MMA), legislation that passed the House 415-0 and would make changes to music licensing laws. “As technological development increases at an exponential rate, our copyright system faces new and distinct challenges,” the lawmakers wrote. “The Internet has enabled copyright owners to make their works available to consumers around the world, but it also has made it more difficult for copyright owners to get paid for that work.” Read more here. On Tuesday, June 12th at 10 a.m. the Senate Finance Committee will hold a hearing to consider the nominations of Jeffrey Kessler to be an Assistant Secretary of Commerce; and Amy Karpel and Randolph Stayin to be a Members of the U.S. International Trade Commission. Read more here. On Wednesday, Sen. Wyden (D-OR), Ranking Member of the Senate Finance Committee, wrote an op-ed titled “A Better Way to Protect Recording Artists.” In his article, Wyden outlines why he introduced the ACCESS to Recordings Act, legislation that he has presented as an alternative to the widely supported Music Modernization Act. Read more here. On Tuesday, POLITICO profiled Reps. Hakeem Jeffries (D-NY) and Doug Collins (R-GA), dubbing them a “bipartisan odd couple” that has racked up wins on the House Judiciary Committee. In the profile, the Representatives discuss their shared faith background and love of music that planted the seeds of their friendship. Both lawmakers worked together to pass the Music Modernization Act through the House, and are actively working to pass other copyright-related legislation, such as the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017. Read more here. On Thursday, following a bipartisan House Ways and Means Committee meeting with United States Trade Representative Lighthizer, Chairman Brady released a statement urging the Administration to “stay at the table to continue negotiating with Canada and Mexico for a strong and modern NAFTA…” Read more here. Judicial Updates:This week, an Austrian court ruled that YouTube can be held partly liable for copyright breaches in videos uploaded by its users. The judgment said that YouTube played an “active role” in spreading infringing content and therefore could not claim the status of a “neutral intermediary.” Read more here.III. Administration Updates:                                                                                                                                                       This week, the National Telecommunications and Information Administration (NTIA) published a Notice of Inquiry (NOI) seeking comments and recommendations from all interested stakeholders on its international Internet policy priorities for 2018 and beyond. These comments will help inform NTIA to identify priority issues. Comments are due on or before 5 p.m. EST on July 2, 2018. Read more here. Senate Republicans told President Trump during a meeting on Wednesday that they want the NAFTA renegotiations wrapped up by Labor Day, fearing the dispute may impact the midterm election. “There’s a real feeling among the senators that was sent to the president that we need some sort of agreement, at least on NAFTA, by Labor Day,” Sen. Chuck Grassley (R-Iowa), who attended the meeting, told The Hill. Read more here. International Updates:Reports this week indicate that European Union antitrust authorities are preparing to fine Alphabet Inc, the parent company of Google, up to $11 billion for abusing its market dominance in software that runs on smartphones. Read more here. Industry Updates:On June 21st, Fareplay will host a half-day event titled “The Forum on Internet Governance”, an educational conference created to “provide greater understanding of the scope and severity of the current problems associated with the internet and explore solutions.” Author Jonathan Taplin will be the keynote speaker and the event will feature panels on safe harbors and the internet’s impact on the creative eco-system. Read more here.The New York Times reported on Wednesday on how the White House’s approach to the North American Free Trade negotiations has frustrated U.S. businesses. Documents obtained by the NY Times show frustrated emails from representatives of the largest American companies, including Walmart, U.P.S., and General Motors. “It is hard to have a discussion when no details are provided of where the administration is really going even at a broad level until after decisions have essentially been made,” Linda Dempsey, the vice president for international economic affairs policy at the National Association of Manufacturers, said in an email to a top United States trade representative official in October. Read more here. This week, Cary Sherman, CEO of the Recording Industry Association of America (RIAA), and who is retiring at the end of 2018, gave a speech at the MIDEM Conference in Cannes on the shifts he has seen in the music industry. Read the speech here.Billboard reported this week that Spotify has offered advances to a number of managers and indie acts in exchange for licensing their music directly to the streaming service. According to Billboard, under the terms of some of the deals, “management firms can receive several hundred thousand dollars as an advance fee for agreeing to license a certain number of tracks by their independent, CONTENT & TECHNOLOGY POLICY REPORT JUNE 8, 2018
    • PATENT & TRADEMARK POLICY REPORT JULY 13, 2018Headlines and Highlights:  ·         Reps. Massie, Kaptur and Rohrbacher introduce legislation intended to strengthen patent system. ·         House Ways and Means Democrats urge Chairman Brady to hold hearings on Administration’s trade actions. ·         House Judiciary Committee to hold hearing on content filtering featuring executives from Facebook, Google and Twitter. ·         Chinese Vice Minister of Commerce calls U.S. a “trade bully” following latest batch of tariffs. ·         Boris Johnson, U.K.’s Foreign Secretary, resigns. ·         Japan becomes second country to complete domestic procedures for the TPP. ·         U.S. officials travel to Mexico to visit with Mexican president-elect.   Congressional Developments:On Wednesday, Democratic members of the House Ways and Means Committee sent a letter to Chairman Kevin Brady (R-TX) asking him to hold a hearing on the administration’s recent trade actions. “[W]ith the proliferation and escalation of tariffs, the U.S. economy and the global economy are on edge,” the members wrote. “We cannot pretend that this is business as usual.” Read more here. On Tuesday, July 17th at 10 a.m. the House Judiciary Committee is set to hold a hearing titled “Facebook, Google and Twitter: Examining the Content Filtering Practices of Social Media Giants.” While the witness list has not been finalized, reports indicate that executives from Facebook, Twitter and Google will attend. Read more here. In late June, Reps. Massie (R-KY), Kaptur (D-OH) and Rohrbacher (R-CA) introduced the Restoring America’s Leadership in Innovation Act of 2018, legislation that would strengthen intellectual property rights. Among the provisions in the legislation there is a section that allows the USPTO to keep and use all of its fees collected even if not spent that fiscal year. Read more here. On Wednesday, the House Small Business Committee held a hearing entitled “Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property”. The panel of witnesses included Mr. Frank Cullen, Vice President of U.S. Policy, The Global Innovation Policy Center, U.S. Chamber of Commerce; Mr. Morgan Reed, President, The App Association; Mr. Christopher Mohr Vice President for Intellectual Property and General Counsel, Software & Information Industry Association; and Mr. Chris Israel, Executive Director, Alliance for U.S. Startups & Inventors for Jobs. Chairman Chabot opened the hearing by acknowledging the vital role intellectual property (IP) plays in promoting the innovation of products. However, he noted that the process of obtaining IP protections can be extensive and difficult to navigate, particularly for small businesses. Watch the entire hearing here. Administration Updates:On Monday, POLITICO reported that Democratic Federal Trade Commissioner Rohit Chopra is hiring Lina Khan, a fierce critic of the growing market power of U.S. tech companies and the author of a landmark paper making an antitrust case against Amazon. Read more here.III. USPTO Updates:Registration is now open for Invention-Con 2018, a free two-day conference that will be held at the USPTO headquarters in Alexandria, Virginia, on August 17-18 from 8 a.m. – 5 p.m. ET each day. This year’s theme is "From Concept to Commercialization." The next Patent Public Advisory Committee (PPAC) meeting will be on August 2nd at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be July 26th at USPTO Headquarters. The Rocky Mountain Regional Office and Technology Center (TC) 2600 are holding a combined Customer Partnership Meeting on Tuesday, July 17, from 8:15 a.m. to 3 p.m. MT.  Judicial Updates:On Monday, President Trump nominated federal appeals court judge Brett Kavanaugh to be the next U.S. Supreme Court justice. If confirmed, Kavanaugh, 53, would fill the seat of retiring Justice Anthony Kennedy. During his time on the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh weighed in on several important intellectual property cases. He wrote the 2015 decision in Indep. Producers Grp. v. Librarian of Congress, affirming the royalty board’s decision on cable re-transmissions payments for sporting events and in  Recording Indus. Ass’n of Am., Inc. v. Librarian of Cong., Kavanaugh wrote a 2010 decision that upheld the copyright board’s royalty rates for ringtones and a penalty for late payments, saying the board adequately explained the reasoning behind both rates. Read more here. International Updates:On Monday, Boris Johnson resigned as the U.K.’s Foreign Secretary, citing a disagreement with the Prime Minister over the U.K.’s Brexit strategy. Johnson’s resignation came hours after Brexit Secretary David Davis resigned due to a similar disagreement with the Prime Minister’s plan. Read more here. On Friday, U.S. officials, including Secretary of State Mike Pompeo, visited Mexico to meet with the current Mexican president Enrique Pena Nieto and the president-elect Andres Manuel Lopez Obrador to discuss NAFTA. Read more here. Industry Updates:On Thursday, Chinese Vice Minister of Commerce, Wang Shouwen, called the U.S. and “trade bully” following the latest batch of tariffs imposed against China. Shouwen, taking questions at the World Trade Organization, said that to end the trade war “one party needs to take the gun off the head of the other party.” Read more here. This week, Japan became the second country to formally lodge a notification that it has completed the domestic procedures for the Trans-Pacific Partnership (TPP). Japan signaled that it would press other countries to quickly follow suit. “Moreover, it is hoped that it will be a powerful message from Japan, as the standard-bearer for free trade, to the world amidst the current global trend towards protectionism, and a significant step to create free and fair 21st-century rules in the Asia-Pacific region,” the Ministry of Foreign Affairs said in a statement issued on July 6. Read more here.  , PATENT & TRADEMARK POLICY REPORT JULY 13, 2018
    •  Headlines and Highlights: ·         White House sends four FTC commissioner nominations to Senate. ·         European Commission to launch piracy “watch-list.” ·         AT&T CEO calls on Congress to pass an “Internet Bill of Rights.” ·         Brookings Institution to hold event on “Modernizing Trade Rules: The TPP and Beyond.”In the Blogs: Why the Time Has Come to Block Offshore Pirate Websites in Canad Congressional Updates: Last Friday, Sen. Bill Nelson (D-FL), Ranking Member of the Senate Commerce, Science and Transportation Committee, announced ranking member and subcommittee assignments for Democratic committee members following Sen. Jon Tester’s (D-MT) replacement of Sen. Cory Booker (D-NJ) on the committee. Sen. Booker vacated his committee seat to join the Senate Judiciary Committee. Read the assignments here. According to a report by POLITICO, Sen. Cory Booker (D-NJ), who was recently appointed to the Senate Judiciary Committee alongside Sen. Kamala Harris (D-CA), will also get a spot on the Senate Judiciary’s Antitrust Subcommittee. Read more here. On Thursday, President Trump sent four Federal Trade Commission (FTC) nominations to the Senate for consideration. Trump nominated Joseph Simons, an antitrust attorney, as Chairman; Noah Phillips, chief counsel for Senate Majority Whip John Cornyn (R-TX), for a Republican seat; and Delta Airlines executive Christine Wilson for another GOP slot. He also nominated consumer advocate Rohit Chopra for an open Democratic seat. Read more here. On Tuesday, January 30th at 2:30 p.m. the Senate Foreign Relations Committee will hold a hearing on “The Economic Relationship Between the United States, Canada, and Mexico.” The hearing will feature two witnesses: Brian Mulroney, Former Prime Minister of Canada; and Earl Anthony Wayne, retired career ambassador of the U.S. Read more here. Judicial Updates:On Wednesday, BBC News reported that a federal court in California awarded owners of internet sensation Grumpy Cat $710,000 in damages in copyrigth and trademark infringment suit against Grenade Beverage.  The coffee company’s sale of roasted coffee and “Grumppuccino” t-shirts was not authorized by an agreement related to the use of the cat’s image to sell the “Grumppuccino” iced drink. (IPO Daily News)III. Administration Updates:                                                                                                                                                              On Tuesday, the White House announced that President Trump intends to nominate acting Federal Trade Commission Chairman, Maureen Ohlhausen, to the U.S. Court of Federal Claims. In October, Trump nominated antitrust lawyer Joseph Simons to replace Ohlhausen as head of the FTC, although he has yet to be confirmed. It is expected that Ohlhausen will maintain her current position until Simons is confirmed. Read more here. International Updates:On Monday, the European Commission announced that it plans to launch its own piracy “watch list”, similar to the United States Trade Representative’s (USTR) “Out-of-Cycle Review of Notorious Markets” report. “Based on stakeholders’ input, the future watch-list will help to raise awareness of consumers that might be buying products in those marketplaces,” the press release says, “and encourage their operators and owners to crack down on intellectual property abuse.” Read more here. This week, Matthew Cheetham, Managing Director of the New Zealand Motion Picture Distributors Association (MPDA), a non-profit organization representing major international film studios in New Zealand, said in an interview that site-blocking is the only thing left to combat piracy. “When we have the illegal file sharing site the Pirate Bay as New Zealand’s 19th most popular site in New Zealand, it is clear that legitimate movie and TV distribution channels face challenges,” Cheetham says, adding that “There’s nothing we can do in New Zealand apart from site blocking.” Read more here and here. Trade Partnership Worldwide, LLC released the findings of their economic analysis on the effects of terminating the North American Free Trade Agreement (NAFTA) earlier this week. The report, prepared for the Business Round Table, asserts that terminating the trade agreement would have “significant net negative impacts” on both the U.S. economy and employment, and especially in the immediate years following termination. Specifically, the document estimates that 1.8 million workers would immediately lose their jobs in the first year of returning to the most-favored nation (MFN) status for tariffs with Canada and Mexico. This report is especially timely, because President Trump has indicated that he may terminate NAFTA as participating countries began their sixth and second-to-last round of renegotiations earlier this week. Read more here. Antitrust officials from the European Union (EU) imposed a $1.2 billion fine on Qualcomm for allegedly using its market dominance to squash competition. Regulators claim that the smartphone chip maker abused its dominant market position by paying Apple to exclusively use its chips in certain devices between 2011 and 2016, thereby preventing others from competing in the market. This is the latest move in a string of actions from Europe’s antitrust chief Margrethe Vestager to regulate the technology sector. American technology giants are expected to cite this action as further evidence that they are being unfairly targeted, although EU officials deny such accusations. Read more here. Industry Updates:On Monday, ACTION for Trade, a coalition of trade associations, technology companies, and creative organizations—including the MPAA, the Authors Guild, and Oracle—released a poll, conducted by Morning Consult, that found three in four voters believe that NAFTA “should be updated to better protect and value U.S. inventions and creativity.” The poll comes as trade negotiators from the United States, Canada, and Mexico are meeting in Montréal through January 29 for the sixth round of talks about renegotiating the terms of NAFTA. "Both Canada and Mexico have real issues with how they protect innovators' and creators' work," said Brian Pomper, executive director of ACTION for Trade. "The latest round of NAFTA negotiations presents an opportunity to improve the agreement's protections for intellectual property." Read more here. On Wednesday, Randall Stephenson, Chairman and CEO of AT&T, published a blog post in which he called on Congress to pass an “Internet Bill of Rights” as a solution to the net neutrality debate. “Congressional action is needed to establish an ‘Internet Bill of Rights’ that applies to all internet companies and guarantees neutrality, transparency, openness, non-discrimination, and privacy protection for all internet users,” Stephenson wrote. The call for action also ran as an ad in several major newspapers. “Legislation would not only ensure consumers’ rights are protected,” Stephenson added, “but it would provide consistent rules of the road for all internet companies across all websites, content, devices and applications.” Read more here. On Tuesday, the Heritage Foundation held an all-day event on “Trump Antitrust Policy After One Year,” featuring panels with a number of current and former Department of Justice, Federal Trade Commission, and other government employees. The panelists overwhelmingly pushed back against the idea that antitrust law needs to be expanded or meaningfully changed in an effort to combat the rise of large companies, especially large technology companies. In fact, following the event, Alden Abbott, Deputy Director of the Edwin Meese III Center for Legal and Judicial Studies, and a keynote speaker at the gathering, released a report titled “Antitrust and the Winner-Take-All Economy.” One of the key takeaways from the report is that “using antitrust law to attack companies based on concerns about size, fairness, or political clout is a recipe for reduced innovation and economic stagnation.” Watch the event here. On Monday, January 29th from 10:00-11:30 a.m. the Brookings Institution will hold an event titled “Modernizing trade rules: The TPP and beyond.” The event will feature a number of panelists—including Joshua Meltzer, Senior Fellow at Global Economy and Development and Maki Kunimatsu, Chief Policy Analyst at Mitsubishi UFJ Resarch and Consulting—that will discuss strategies the U.S. and Japan “can pursue in on-going or new trade negotiations to advance TPP rules in these critical areas.” Read more here. SXWorks, a subsidiary of SoundExchange, launched its NOI LOOKUP on Tuesday, January 23rd, 2018. Through this new free service, users can quickly and easily search through the more-than 60 million address unknown Notice of Intention to Use (NOI) filings made with the U.S. Copyright Office. Michael Huppe, Chairman of the Board of SXWorks, asserted that this new tool will help music publishers and songwriters by finally giving them a way to “gain visibility into address unknown filings made by some service providers using their songs.” Read more here., CONTENT & TECHNOLOGY POLICY REPORT JANUARY 26, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT APRIL 20, 2018Headlines and Highlights:·         Ways and Means Democrats send letter to Chairman Brady asking for NAFTA hearings. ·         DGA, SAG-AFTRA and IATSE leaders send letter to Senate Commerce, Judiciary on examining “broader internet regulations.” ·         House Judiciary Chairman Goodlatte announces mark-up of Music Modernization Act on week of April 9th. Congressional Updates: The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on Tuesday to discuss how well the Defend Trade Secrets Act of 2016 (DSTA) has protected U.S. companies from trade secret theft. Members from both sides of the aisle joined the panel in praising DSTA for providing trade secret owners with new tools to combat and remedy proprietary data theft. However, everyone in attendance believed that a loophole in 28 U.S.C. §1782 needs to be closed to enhance DSTA’s effectiveness. On Wednesday, Reps. Collins (R-GA) and Chu (D-CA) published an op-ed in Variety on the Music Modernization Act, legislation that would update how music rates are set and how songwriters and artists are paid. In the op-ed, Chua and Collins outline exactly how the MMA would help members of the music community. “The simple theme of these reforms is fairness: Songwriters deserver the opportunity to obtain fair rates for the use of their music works, and music providers should be able to compensate creators with transparency in a way that makes sense for the 21st century” Read more here. On Tuesday, House Ways and Means Committee Ranking Member Richard Neal (D-MA) and Trade Subcommittee Ranking Member Bill Pascrell (D-NJ) led a letter to Chairman Kevin Brady (R-TX) from all 16 Democrats on the Committee demanding a hearing with the Trump Administration on NAFTA. “More than 25 years ago, during the original NAFTA negotiations, this Committee brought forward United States Trade Representatives, Secretaries of Labor, and Administrators of the Environmental Protection Agency to testify multiple times,” wrote the members. “Yet the Ways and Means Committee has not, to date, convened a single hearing dedicated to the renegotiation of NAFTA with Administration witnesses.” Read the entire letter here. On Thursday, April 26th the House Judiciary Committee will hold a hearing on “Examining Social Media Filtering Practices and their Effect on Free Speech.” Representatives from Facebook, Google and Twitter have been invited to testify and the hearing will also feature remarks from Corynne McSherry, Legal Director for the Electronic Frontier Foundation and David Chavern, CEO of the News Media Alliance. On Wednesday, April 25th the Senate Commerce Committee will vote on the nomination of Rebecca Slaughter to be a Federal Trade Commissioner. Judicial Updates:This week, NBA player LeBron James and his multimedia platform, Uninterrupted, sent a notice of copyright infringement to the University of Alabama, alleging that their show Shop Talk too closely resembles James’ web video series, The Shop. Both programs take place in a barber shop and feature interviews. “Your continued exploitation of Shop Talkinfringes ‘Uninterrupted’s’ copyright, trademark rights and other valuable intellectual property rights in The Shop and significantly damages ‘Uninterrupted’s’ commercial prospects for The Shop,” the letter said. The letter added that both parties should converse before “rushing into legal action.” Read more here.III. Administration Updates:                                                                                                                                                      Amid reports that Congress would wait until a lame-duck session of Congress to vote on a renegotiated NAFTA deal, United States Trade Representative (USTR) Lighthizer is reportedly considering withdrawing from the existing pact even before the new one is ready. In doing so, the Trump Administration thus would force Congress’ hand to vote on the new deal or face not having an agreement with the U.S.’ two largest trading partners. Read more here. International Updates:On Thursday, at the International Monetary Fund’s (IMF) spring meetings, IMF Managing Director Christine Lagarde urged countries to work out their differences over trade and take advantage of a healthy economy. “The near term prospect for the global economy appears to be bright,” Lagarde said. Read more here. Industry Updates:This week, Stephen Moore, a co-founder of the Committee to Unleash Prosperity and a senior fellow at the Heritage Foundation, wrote an op-ed on the importance of the Trump Administration to complete the NAFTA renegotiation and ensure it protects IP. “IP-intensive industries—music, entertainment, software and biotechnology among them—support 45 million jobs, nearly a third of U.S. employment, and produce more than $7 trillion of value-added output,” Moore writes. “We know that the US loses about one half trillion a year of income from theft of our IP products abroad. Most of that is in China, but it’s a problem with Mexico and Canada too.” Read more here. This week, the leaders of the Directors Guild of America (DGA), SAG-AFTRA and IATSE sent a joint letter to the Senate Judiciary and Commerce committees to look at the “broader context” of Internet regulations when they examine the Facebook data breach. “Originally meant to drive innovation, the early ground rules governing the internet were deliberately lax to encourage the experimentation deemed necessary for the growth of what was then a fledgling medium,” the union leaders wrote. “The ramifications have long been an unfortunate reality for our industry – film and television – which relies so heavily on strong copyright protections. We must delve into frank discussions about unintended consequences, and how they can be addressed. Our future depends on it.” Read more here. On Thursday, a group of academic publishers reached an agreement with Researchgate, an online collaboration platform that has been called “Facebook for scientists”, to resolve a copyright dispute. Publishers Springer Nature, Cambridge University Press, and Thieme agreed to work with Researchgate to share articles while protecting the rights of authors and publishers. “This agreement will allow us to maintain the version of record and importantly, given our responsibility to our authors and customers, track and report on how our content is being used,” Springer Nature’s Chief Publishing Officer Stephen Inchcoombe said in a joint statement. Read more here., CONTENT & TECHNOLOGY POLICY REPORT APRIL 20, 2018
    • PATENT & TRADEMARK POLICY REPORT OCTOBER 5, 2018Headlines and Highlights:·         U.S., Canada and Mexico reach agreement on modernized NAFTA. ·         Senate Judiciary subcommittee holds hearing on antitrust laws. ·         USPTO Director to give speech in Mexico City. ·         VP Pence criticizes China for IP theft in Hudson Institute speech. ·         Sen. Toomey expresses disappointment in aspects of modernized NAFTA. ·         Reps. Guthrie and Matsui introduced Blockchain Promotion Act of 2018. ·         White House plans to hold meeting with internet and social media executives on alleged political bias. ·         USTR Lighthzier and EU trade chief plan to meet next month to announce shared regulatory agenda.Congressional Developments:On Wednesday, October 3rd, from 2:30pm-5:00pm, the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights held an oversight hearing on the enforcement of antitrust laws. Department of Justice Assistant Attorney General (AAG) Makan Delrahim and Federal Trade Commission (FTC) Chairman Joseph Simons were the sole witnesses. AAG Delrahim used his opening statement to discuss some of the recent activities of the Antitrust Division, including its no-poaching investigations and anti-bid rigging actions. He also mentioned the Division’s recent change of the merger review guidelines to ensure that all mergers are completed within 6 months, although he later noted that the deadline can be extended on a case-by-case basis. Chairman Simons used his opening statement to discuss the wide variety of industries that the FTC has been monitoring, especially health care markets. Watch the full hearing online here. On Monday, Reps. Guthrie (R-KY) and Matsui (D-CA), members of the Energy and Commerce Committee, introduced H.R. 6913, the “Blockchain Promotion Act of 2018,” legislation that would establish a working group of stakeholders across the federal government and private industry to establish a common definition of blockchain. Read more here. This week, Sen. Toomey (R-PA), a member of the Senate Finance Committee, voiced concerns about the renegotiated NAFTA, saying it seemed like a “modest step backwards from the point of a free trader.” Toomey, however, said he thinks Congress may be able to use the implementing legislation to address some of what he considers flaws. Read more here. Administration Updates:On Tuesday, White House advisor Larry Kudlow said that later this month President Trump plans to host executives of internet and social media companies at the White House. Kudlow. “We’re going to have a little conference - the president will preside over it - we will have big internet companies, big social media companies, search companies,” Kudlow said. “And some who are dissatisfied with those companies.” Read more here. Late Sunday evening, the U.S., Canada and Mexico announced they had reached an agreement in their negotiations to update the North American Free Trade Agreement (NAFTA). With all three parties coming to an agreement, they hope to sign the new deal in the coming months. The text of the updated agreement, referred to as the United States-Mexico-Canada Agreement (USMCA), can be found here and the intellectual property chapter can be found here. On Thursday, Vice President Mike Pence gave a speech at the Hudson Institute in which he accused China of trying to undermine President Trump through targeted tariffs and “well-placed propaganda” to exploit “wedge issues.” “To win the commanding heights of the 21st Century economy, Beijing has directed its bureaucrats and businesses to obtain American intellectual property – the foundation of our economic leadership – by any means necessary,” Pence said. Read more here.III. USPTO Updates:The After-Final Consideration Pilot 2.0 (AFCP 2.0)has been extended to Sept. 30, 2019. AFCP 2.0 and Quick Path Information Disclosure Statement (QPIDS) are part of the USPTO's ongoing efforts towards compact prosecution and increased collaboration between examiners and stakeholders. The next Patent Public Advisory Committee (PPAC) meeting will be on November 8th at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be October 26th at USPTO Headquarters. The USPTO will hold its monthly Patent Quality Chat on Oct. 9th and will focus on “Leveraging a Harmonized Patent Classification System.” EFS-Web and Private PAIR users now have a new, safer, and simpler login. The new method grants access to multiple USPTO systems with one consolidated sign-in and eliminates shared credentials by providing practitioners and their support staff with their own USPTO.gov accounts. The Migration Tool is now available for existing PKI digital certificate holders (registered practitioners and independent inventors) to link their USPTO.gov accounts to their current PKI digital certificates. (To successfully migrate, users must already have a USPTO.gov account. If you do not already have one, create a USPTO.gov account and opt in for two-step authentication.) Please follow the step-by-step instructions to migrate and allow 1–2 business days after you finish the migration steps for the process to complete; you can then use your USPTO.gov account to sign in to EFS-Web and Private PAIR. Customer Numbers associated with the PKI certificate will be migrated to the linked USPTO.gov account. PKI certificates can still be used to sign in to EFS-Web and Private PAIR as well. Judicial Updates:On Monday, Delaware-based TrackTime filed a patent infringement lawsuit against Amazon and several of its subsidiaries accusing them of infringing TrackTime’s audio services patents. Read more here. International Updates:POLITICO Morning Trade reported on Friday that USTR Lighthizer and EU trade chief Cecilia Malmstrom plan to meet next month to announce some regulatory areas where they want to increase competition. This week, the European Patent Office (EPO) and China National Intellectual Property Administration (CNIPA) agreed on a cooperation program for the next year as “a part of their long term strategic partnership on strengthening the patent system.” Read more here. Industry Updates:On Thursday, Kara Swisher, technology reporter for The New York Times, wrote an op-ed on the House Democrats’ “Internet Bill of Rights.” Six months ago, Swisher reports, House Minority Leader Nancy Pelosi charged Rep. Ro Khanna (D-CA) with creating an Internet Bill of Rights. Khanna provided Swisher with his list, which she has made public for the first time. The ten principles for an Internet Bill of Rights include the right “to have access to and knowledge of all collection and uses of personal data by companies” and “to move all personal data from one network to the next.” Read more here. On October 23rd at the Club de Industriales in Mexico City, USPTO Director Andrei Iancu will give a speech at a conference, put on by Center for Strategic and International Studies (CSIS), titled “How Can Mexico Become More Innovative?” More info here.
    • PATENT & TRADEMARK POLICY REPORT FEBRUARY 16, 2018Headlines and Highlights:  ·         Reps. Brady and Neal send letter to Sens. McConnell and Schumer urging them to quickly confirm USTR leadership. ·         Mitt Romney says he will run for US Senate from Utah. ·         Gail Slater, former General Counsel for Internet Association, to join Administration. ·         DOJ Antitrust Chief visits Europe, holds meetings with EU Counterpart Margrethe Vestager. ·         SIIA CEO pens op-ed outlining urging PTO chief to “continue fight for high patent quality.” ·         Section 301 investigation of China “bogged down” due to legal concerns, FT reports. ·         Next PPAC meeting May 3rd, TPAC meeting May 4th. Congressional Developments:On Monday, Sen. John Cornyn (R-TX), the Senate Majority Whip, gave a speech on the Senate floor on S. 2098, the Foreign Investment Risk Review Modernization Act. The legislation would reform the Committee on Foreign Investment in the U.S. (CFIUS), a committee tasked with scrutinizing business deals that could transfer valuable U.S. technology to China and other hostile powers. During his speech, Cornyn criticized “a very small group of…U.S. firms that are actively opposing CFIUS modernization, having decided that their bottom line is more important than our nation’s security.” POLITICO reports that Cornyn was likely making reference to Josh Kallmer, Senior Vice President at the Information Technology Industry Council (ITIF), which represents tech giants including Apple and Google, who last month said parts of the bill “would literally paralyze businesses.” Listen to the entire speech here. On Wednesday, February 14th, from 9:30 AM-12:00 PM ET, the Senate Commerce Committee held a nomination hearing on the president’s four nominees to serve as Federal Trade Commissioners. The nominees testifying at the hearing were as follows: Joseph Simons (to be FTC Chair Designate), Rohit Chopra (to be FTC Commissioner), Noah Phillips (to be FTC Commissioner), and Christine Wilson (to be FTC Commissioner). Issues involving recent data breaches, antitrust enforcement, and to a lesser extent, prescription drug costs were the primary topics of discussion among the nominees and members of the committee, and it appeared that there was a consensus among members of the committee and the nominees that all of these issues were crucial to the overall mission of the FTC. In the area of antitrust enforcement, there appeared to be a great deal of agreement among the nominees that although preventing anti-competitive consolidation was clearly a core function of the FTC, the simple fact a company was large did not by itself mean that the company was engaged in anticompetitive conduct. During Wednesday’s Senate Commerce hearing to consider the nominations of four Federal Trade Commissioner nominees, Sen. Blumenthal (D-CT) submitted a statement for the record on behalf of the Congressional Antitrust Caucus, comprised of Democratic Reps. Khanna, Pocan, Nolan, Cicilline, and Ellison. In the statement the Representatives write that “There is mounting economic evidence that an overall decline in antitrust enforcement over the past several decades, coupled with wave after wave of mergers, has resulted in high levels of concentration in numerous industries with clear indicators of monopoly profits in key markets.” The members go on to ask the nominees how the Commission could work to “reverse the decline in monopolization enforcement in recent decades?” Read more here. On Wednesday, Reps. Brady (R-TX) and Neal (D-MA), Chairman and Ranking Member of the House Ways and Means Committee, sent a letter to Senate Majority Leader McConnell (R-KY) and Minority Leader Schumer (D-NY) asking them to quickly bring to the Senate floor nominations for senior positions at the Office of the United States Trade Representative (USTR). Read the letter here. In a video announcement on Friday morning, former Massachusetts Governor Mitt Romney announced that he will be running to replace retiring Utah Senator Orrin Hatch. "I have decided to run for United States Senate because I believe I can help bring Utah's values and Utah's lessons to Washington," Romney said in his announcement. Read more here. Administration Updates: On Tuesday, February 13th, a coalition of judges, former judges, and government officials, legal academic and economists sent a letter to Assistant Attorney General (AAG) Delrahim in support of the recent announcement that the Antitrust Division of the Department of Justice is planning on returning to evidence-based and balanced policymaking. The document attempts to dispel claims that there is a “patent holdup” problem due to opportunistic patent owners of technological standards. Specifically, it claims that the earlier letter from January 24th, 2018, expressing misgivings about the recent announcement, perpetuates what the coalition perceives as “the long-standing misunderstanding” about a “one-sided” patent holdup in high-tech industries. Among other notable individuals, signatories include David Kappos (former Director of the Patent & Trademark Office), Paul Michel (Chief Judge (ret.) of the Federal Circuit), Judge Douglas Ginsburg (D.C. Circuit Court of Appeals), and Joshua Wright (former FTC Commissioner). Read more here. The Financial Times (FT) reported on Tuesday that the Trump Administration’s Section 301 investigation of China has become “bogged down” amid an “internal debate focused in large part on legal concerns.” The investigation, announced in August, saw the U.S. allege, among other charges, that China violated intellectual property rights which threatened U.S. companies’ ability to compete. FT reported that the White House is considering invoking the International Emergency Economic Powers Act, a move that would grant Trump “wide powers to respond without congressional approval.” The White House is reportedly concerned that such a move could face backlash from affected U.S. companies. Read more here. On Thursday, POLITICO reported that Grace Koh, special assistant to the president for technology, telecommunications and cybersecurity policy at the National Economic Council, is leaving the White House. They also reported that Gail Slater, previously general counsel of the Internet Association, is joining the administration.III. USPTO Updates:On Wednesday, February 14th, the USPTO published a comment request in the Federal Register for its proposed extension of its information collection: the Patent Prosecution Highway (PPH) Program, 0641-0058. The PPH program allows applications that have been determined to be patentable by an Office of Earlier Examination (OEE) to go through an accelerated examination in an Office of Later Examination. Overall, this program seeks to lower production costs, help applicants to secure stable patent rights around the world, and reduce the search and examination burden. Written comments on the extension of this information collection must be submitted by April 16, 2016. Read more here. The next Patent Public Advisory Committee (PPAC) meeting will be May 3rd at USPTO Headquarters in Arlington, VA. The next Trademark Public Advisory Committee (TPAC) meeting will be May 4th. Judicial Updates:On 17 January IPO filed an amicus brief at the U.S. Court of Appeals for the Federal Circuit in NantKwest v. Iancu (originally NantKwest v. Matel). IPO’s brief in support of NantKwest argues that section 145’s provision that “’[a]ll the expenses of the proceedings shall be paid by the applicant’ in civil actions to obtain a patent, does not provide the ‘explicit statutory authority’ needed to overcome ‘the bedrock principle known as the American Rule: Each litigant pays his own attorney’s fees, win or lose.’” The brief also concludes that the Doctrine of Constitutional Avoidance and basic notions of fairness preclude the USPTO from receiving attorneys’ fees. IPO’s brief was drafted by Gregory Castanias and Daniel Kazhdan (Jones Day). (IPO Daily News) International Updates:According to a Department of Justice press release, DOJ Antitrust Chief Makan Delrahim will be in Europe for the next few days, with stops in Paris, Brussels, and Bonn “for a series of meetings, speaking engagements, and workshops with high-level officials and colleagues.” On Tuesday, February 20th Delrahim will meet with the EU’s Commissioner for Competition, Margrethe Vestager, and other senior members of her team to discuss “international cooperation on enforcement and policy matters.” Read more here. Industry Updates:Last Saturday, Ken Wasch, President and CEO of the Software & Information Industry Association (SIIA), a trade association for the software and digital content industry, published an op-ed in The Hill titled “New PTO chief must continue fight for high patent quality.” Wasch urged the new USPTO Director Andrei Iancu to protect the inter partes review (IPR) process, which he called “enormously successful.” Wasch also encouraged Iancu to look at ways to improve the USPTO and suggested “modernizing the patent office’s information technology system” and “examining the extent to which the office’s focus on (and credit for) the number of applications an examiner processes creates perverse incentives to grant poor-quality patents.” Read more here.Last week, Justin Smith, Kristen Kilroy and John Norman, lawyers for Canadian law firm Gowling WLG, wrote an article detailing the IP provisions that Canada had suspended in the now-defunct Trans-Pacific Partnership following the U.S.’ departure. The new agreement, dubbed the Comprehensive and progressive Agreement for Trans-Pacific Partnership (CPTPP), no longer has the TPP language on biologics, term of protection for copyright and related rights, and legal remedies and safe harbours. Read more here., PATENT & TRADEMARK POLICY REPORT FEBRUARY 16, 2018
    • CONTENT & TECHNOLOGY POLICY REPORT JUNE 1, 2018Headlines and Highlights:·         Regan Smith named General Counsel at Copyright Offce. ·         Senate Antitrust Subcommittee to hold hearing on proposed Sprint/T-Mobile merger. ·         President of Institute for Policy Innovation pens op-ed on importance of strong IP protections in NAFTA. ·         Campaign for Accountability reports that Engine Advocacy is “sock puppet” for Google. Congressional Updates: On Tuesday, the U.S. Copyright Office announced that Regan Smith will serve as General Counsel and Associate Register of Copyrights. Smith succeeds Sarang (Sy) Damle who is leaving the Copyright Office for private practice. Read more here. On Tuesday, Rep. Erik Paulsen (R-MN), Chairman of the Joint Economic Committee, issued a statement following President Trump’s announcement that the White House would move forward with tariffs against $50 billion worth of Chinese goods. “While China must address its failure to protect U.S. intellectual property, these tariffs are not an effective response because it will harm American jobs and consumers. Our economy is seeing measurable gains thanks to pro-growth policies like the Tax Cuts & Jobs Act. GDP has grown an average of 2.5% over the past five quarters, unemployment is at its lowest rate since December of 2000, and everywhere we are hearing positive stories from businesses large and small. Placing tariffs on medical devices and consumer electronics threaten these gains.” Read more here. On June 27th, the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights will hold a hearing on the proposed Sprint/T-Mobile merger. Judicial Updates:On Tuesday Forbesreported that a federal court in California removed songwriters BOBBY LOPEZ and KRISTEN ANDERSON-LOPEZ from a lawsuit filed by JAIME CIERO, who claimed that their song “Let It Go” from the hit movie Frozen copied his “Volar,” because Ciero sued after the statutory period for filing copyright infringement claims had expired. (IPO Daily News) Korean game developer PUBG, a subsidiary of Bluehole, has filed a copyright lawsuit against U.S.-based Epic games, alleging Epic’s popular game Fortnite copied from PUBG’s PlayerUnknown’s Battlegrounds. Read more here.III. Administration Updates:                                                                                                                            On Tuesday, President Trump announced that to “protect domestic technology and intellectual property from certain discriminatory and burdensome trade practices by China” he would impose a 25 percent tariff on $50 billion of goods imported from China. Specifically, the tariffs would target industrially significant technology, including those related to the “Made in China 2025” program. Read more here. Last Friday, Federal Communications Commissioner (FCC) Michael O’Rielly wrote a letter to Jeff Bezos, CEO of Amazon; and David Wenig, CEO of eBay, with a request to eliminate sales of pirate media boxes which illegally display the FCC compliance logo. O’Rielly wrote that, despite the “proactive steps” taken by the companies to remove pirate devices, they “continue to make it to consumers through your websites.” Read more here. International Updates:On Wednesday, June 6th the Computer & Communications Industry Association (CCIA) will host an event in Brussels on “The Online Platform Ecosystem.” Discussions will circle around the legislative landscape for online platforms. Samuel Laurinkari, Head of EU Affairs for eBay; and Michela Palladino, Director of European Policy and Government Relations for the Developers Alliance are slated to participate. Read more here. Industry Updates:On June 21st, Fareplay will host a half-day event titled “The Forum on Internet Governance”, an educational conference created to “provide greater understanding of the scope and severity of the current problems associated with the internet and explore solutions.” Author Jonathan Taplin will be the keynote speaker and the event will feature panels on safe harbors and the internet’s impact on the creative eco-system. Read more here. On Wednesday, Tom Giovanetti, president of the Institute for Policy Innovation in Irving, Texas, penned an op-ed in The Dallas Morning News urging NAFTA negotiators to include strong intellectual property protections in the new agreement. Giovanetti writes that 60 percent of all U.S. exports are from the intellectual property-intensive industries and “that's why it's a huge problem that many of our past trade agreements gave short shrift to the creative industries.” “This was trade malpractice, and the result is that some of our trading partners take advantage of us in the area of creative goods.” Read more here. On Wednesday, Campaign for Accountability reported that Engine, an advocacy group for startups, is a “sock puppet” for Google. According to the report, Engine has at least seven ex-Google employees and consultants on its board of directors and advisory board. Additionally, Engine and Google share the same lobbying firm and Google funded a research paper that Engin later released. “Public officials need to be aware that this so-called startup advocacy group is really in bed with Silicon Valley’s foremost D.C. influence machine, whose interests are often in conflict with those of disruptive entrepreneurs,” said Daniel Stevens of the Campaign for Accountability. Read the report here.    , CONTENT & TECHNOLOGY POLICY REPORT JUNE 1, 2018
    • PATENT & TRADEMARK POLICY REPORT JULY 27, 2018Headlines and Highlights:·         NTIA publishes stakeholder comments on its Internet policy priorities for 2018 and beyond. ·         Senate Appropriations Subcommittee questions USTR Lighthizer on NAFTA and tariffs during budget hearing. ·         USPTO Director Iancu discusses his agency priorities in Bloomberg interview. ·         Sen. Warren expresses support for EU fine of Google, urges U.S. antitrust authorities to become more assertive. ·         U.K. Trade Secretary says he expects U.S.-U.K. FTA talks to begin in Spring 2019. ·         Trump sends congratulatory letter to Mexican president-elect, urges fast cooperation on NAFTA renegotiation.   Congressional Developments:On Tuesday, July 31st at 10 a.m. the Senate Commerce Science and Transportation Subcommittee on Communications, Technology, Innovation and the Internet will hold a hearing titled “The Internet and Digital Communications: Examining the Impact of Global Internet Governance.” The hearing will feature witnesses from GoDaddy, American Enterprise Institute, the Business Roundtable and more. Read more here. In early June, the National Telecommunications and Information Administration (NTIA) sought comments and recommendations from stakeholders on its international Internet policy priorities for 2018 and beyond. Last Friday, the NTIA published those comments they received from a range of groups including the U.S. Chamber of Commerce, RIAA, Copyright Alliance, MPAA, Public Knowledge, and the Internet Association. Read the comments here. On Tuesday, Sen. Elizabeth Warren (D-MA) expressed her support for the European Union’s recent $5 billion fine of Google for antitrust violations and criticized the U.S. for not vigorously enforcing its antitrust laws. “Look, [the EU] made their case, and they make a pretty strong case,” Warren told CNBC’s John Harwood. “What it shows is that Europe is serious about antitrust laws, Europe is serious about anti-competition laws, and the U.S. is lagging.” Read more here. On Thursday, the Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies held a hearing entitled “Review of the Funding Priorities for the Office of the U.S. Trade Representative.” The Committee used the hearing as an opportunity to examine funding priorities for the Office of the U.S. Trade Representative (USTR). Senators focused their concerns on the USTR’s renegotiation of the North American Free Trade Agreement (NAFTA) as well as the imposition of tariffs on China, Canada, and Mexico. USTR Lighthizer explained how USTR is working to combat Chinese intellectual property theft. In response to forced technology transfer among U.S./China joint ventures and “non-economical” licensing imposed on U.S. firms in China, Mr. Lighthizer explained his enthusiasm with the retaliations against China by the Trump Administration. These retaliations include: filing cases under provisions of the WTO, targeted tariffs, export controls, and direct investment in critical technology. Mr. Lighthizer concluded by explaining that it is the intention of the USTR and the Trump Administration to lead a strategy that decreases trade barriers, subsidies, and quotas imposed by the U.S.’s foreign counterparts in order to negotiate free and equitable trade agreements. Read more here Administration Updates:On July 20th, President Trump sent a letter of congratulations to Mexican President-elect Andres Manuel Lopez Obrador. In the letter, Trump states that a successful renegotiation of the North American Free Trade Agreement (NAFTA) “will lead to even more jobs and higher wages for hard-working American and Mexican workers—but only if it can go quickly, because otherwise I must go a much different route.” Read more here.III. USPTO Updates:Registration is now open for Invention-Con 2018, a free two-day conference that will be held at the USPTO headquarters in Alexandria, Virginia, on August 17-18 from 8 a.m. – 5 p.m. ET each day. This year’s theme is "From Concept to Commercialization." The next Patent Public Advisory Committee (PPAC) meeting will be on August 2nd at USPTO Headquarters and the next Trademark Public Advisory Committee (TPAC) will be July 26th at USPTO Headquarters. On Thursday, the Trademark Public Advisory Committee (TPAC) held its quarterly public meeting at the USPTO Headquarters. David Chiles, Acting Chief Information Officer, gave a presentation on the projects his team is working on. Additionally, TPAC members expressed to Chief Administrative Trademark Judge Gerard Rogers a desire for precedential TTAB decisions to be searchable on the USPTO website. On Wednesday, the United States Patent and Trademark Office’s (USPTO) Office of Policy and International Affairs, in partnership with the International Trade Administration, posted a job announcement for an IP Attaché position in the U.S. Embassy in Mexico City. According to the posting, the “high profile diplomatic position requires a law degree and knowledge of all fields of IP.” More info here. On Friday, USPTO Director Andrei Iancu was interviewed by Bloomberg Law on the priorities, operational challenges and efforts to change his agency’s patent challenge procedures. Watch interview here. Judicial Updates:Earlier this week the Hollywood Reporterreported that CLINT EASTWOOD sued Molecular Defenses Corp. Eastwood claims that the company’s chief KEVIN DAVIS manipulated business deals with the late medical researcher HARRY DEMOPOULOS to take over Demopoulos’s company Antioxidant Pharmaceuticals Corp., of which Eastwood was a shareholder, along with its six patents. Eastwood seeks to have the patents for glutathione, which Demopoulos was researching as a possible treatment for diabetes, returned to Antioxidant’s shareholders. (IPO Daily News) International Updates:K. Secretary of State for International Trade Liam Fox gave a speech at the Heritage Foundation this week in which he says he expects the U.K. and U.S. to begin trade agreement talks in Spring 2019. Read more here. Industry Updates:On Monday, a group of conservative organizations including Freedom Partners, Heritage Action and Americans for prosperity sent a letter to House Republican members of the Appropriations Committee urging them to use spending bills to undo President Trump’s tariffs and other trade actions. “Tariffs trigger self-inflicted economic harm and lead down a destructive, tit-for-tat path as our trade partners retaliate with more tariffs,” the groups write. “They threaten higher costs for American businesses and consumers while jeopardizing the jobs of countless workers.” Read more here.    , PATENT & TRADEMARK POLICY REPORT JULY 27, 2018

    Educational Background:

    • Harvard Law School, Cum Laude, 1993
    • Yale University, Phi Beta Kappa, Summa Cum Laude, 1990

    Industry Groups

    • Antitrust
    • Intellectual Property
    • Technology
    • Trade
    Office Location for Marla Grossman

    1800 M Street NW
    Suite 500 S
    Washington, DC 20036

    Marla Grossman:

    Last Updated: 11/19/2018

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