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Dystopian Trademark Revelations
Dystopian Trademark Revelations
Connecticut Law Review
Uncovering dystopian technologies is challenging. Nondisclosure agreements, procurement policies, trade secrets, and strategic obfuscation collude to shield the development and deployment of these technologies from public scrutiny until it is too late to combat them with law or policy. But occasionally, exposing dystopian technologies is simple. Corporations choose technology trademarks inspired by dystopian philosophies and novels or similar elements of real life—all warnings that their potential uses are dystopian as well. That pronouncement is not necessarily trumpeted on social media or corporate websites, however. It is revealed in a more surprising place: trademark registrations at the U.S. Patent and Trademark …
Patent Office Power And Discretionary Denials
Patent Office Power And Discretionary Denials
Connecticut Law Review
One of the most divisive and debated issues in patent law in recent years has been the Patent Office’s practice of denying petitions for inter partes review (IPR)—the Patent Office proceeding to review and cancel wrongfully issued patents—on discretionary procedural grounds, such as duplicative Patent Office proceedings or the existence of advanced parallel litigation. On the surface, the discretionary denial practice seems like an odd candidate to provoke such fierce opposition. Discretionary denials have affected a small percentage of IPR petitions without making any changes to the features that have made IPRs so effective at invalidating “bad” patents. As a …