In 2023, the U.S. Supreme Court (SCOTUS) will take up what could prove a landmark case on the reach of U.S. courts in awarding damages based on extraterritorial sales in trademark disputes. The case is Abitron Austria GmbH, et al. v. Hetronic International, Inc., Docket 21-1043. Hetronic manufactures construction equipment components. By agreement, Arbitron and […]
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Understanding Patent Value and Patent Quality
In the last decade and a half patent quality has been at the forefront of debates about patent policy. Industry professionals of all sorts (patent holders, legal practitioners, implementers, policymakers, and academics) seem to agree about the importance of patent quality, but often the consensus stops there. It’s no wonder, because the term ”patent quality” […]
Patent Value, Uncertainty, and the Debate about Patent Quality
When I was the Chief Economist at the U.S. Patent and Trademark Office (USPTO), I sometimes encountered people who were surprised to know that I existed. Well, not me as an individual, but the role of Chief Economist. Why does the USPTO have economists? Now, many of these individuals were Congressional staffer-types on their fourth […]
U.S. Trademark Developments: Fraudulent Filings
For the benefit of Ocean Tomo and our clients, I follow trademark related news and developments within the United States Patent and Trademark Office (USPTO), the courts, other organizations such as the World Intellectual Property Organization (WIPO) and the Licensing Executives Society (LES), and in commerce generally. There are over 2.9 million marks registered and […]