Tag Archives: IP

Wonderful, weird patents

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A (silly) post from our student blogger Megan

Hey, readers (aka mom and dad), let’s geek out and talk about strange patents! So it just occurred to me that there are about a bajillion weirdo patents out there and nobody gives them any love. Well, at least most of the big names in the patent world aren’t dedicating their coveted blog space to the outcasts of IP society. I’m here to change this, of course. Brown & Michaels, a nice intellectual property firm nestled in Ithaca, New York, clearly agrees with me because they have a page complete with links to wacky patents on their website (check it out at http://www.bpmlegal.com/weird.html). So sit back, enjoy a beer, bacon, or whatever you normally do when you read my blog, and let’s explore the goofy side of IP.

Hamster vestIf you’re like me, you’ve always dreamed of taking your pets everywhere with you. I know, you’re probably saying that with the pet friendly shopping centers and stores that not only allow dogs inside, but also hand out treats to them, you can already take your pets with you pretty much everywhere you go. But what about your hamster? And what about having your hamster really close, like on your body close, all the time, everywhere. Well, that’s what patent number 5,901,666 allows you to do. Aptly titled, “Pet Display Clothing,” this patented invention allows you to wear a vest with clear tubing attached to the clothing that your pet hamster, Hercules, can chill out in while you’re grocery shopping or catching a flight to Bemidji. Haven’t seen this for sale in stores yet? Well, neither have I. The world just isn’t fair.

DividerEven better than a hamster vest, here’s a fantastic invention that my parents would have been thrilled to have when their three children were much younger: “Portable Automobile Partition.” Patent number 6,260,903, in all its genius, allows mom and dad to place a divider inside the car between their kids. I can still remember a family vacation to Florida when my obnoxious younger brother woke both my older brother and me up from a double-dose of parent-approved-deep-car-sleep. He did this by discreetly yanking locks of our hair and laughing. The pandemonium that ensued after that was like none other: screaming, crying, kicking… You name it…we were that family. My poor parents, they still haven’t had more than five minutes of peace and quiet since Reagan was elected the first time. But man, I guarantee if this were on the market back in the 80’s my parents would not have thought that this was an odd patent, to the contrary, they would have thought this was an invention worth buying as many shares of stock in as they could have afforded.

deodorizerLast, but certainly not least, I’ll be me, you be you, just play along:  Me: knock knock!  You:  Who’s there? Me: Orange! You: Orange who? Me: Orange you glad I just set up a patent related to flatulence with a knock knock joke?! Insert laughing emoji. Yes, that just happened. Well, I had to break the ice somehow, or should I say I had to break the wind? Ha. Ha. But seriously, US 6313371 B1 is all about cutting the cheese. Ok, ok, I’ll stop but “Flatulence Deodorizer” consists of “a pad to be worn by a user for absorbing gas due to flatulence. The pad is constructed of activated charcoal cloth disposed between a pair of laminations or layers having multiple perforations therein. The method of use of the present invention is also simple. The pad is non-intrusively taped inside briefs or panties.” Now c’mon…we all know a person that we would give this to at some point…just sayin.’

ear protectorI think by now you get my point, patents are cool. Patent law is neat. Patents can save lives. Underlying technology can be incredibly useful, profitable, and practical. But there is another darker, more rogue side to intellectual property: the outsiders, the Slim Shadies and Pony-boy Curtises of patents, if you will. But don’t discount these bad boys, give them a chance. Read them, laugh at them, but whatever you do, don’t turn your back on them because it’s the pariahs like “Animal Ear Protectors” (US 4233942) that make patent law totally awesome, dude.

Victoria***This blog is dedicated to my friend and inspiration, Victoria R. Zellmer, PhD. Candidate at the University of Notre Dame, who is working tirelessly in the Harper Cancer Research Institute to cure cancer. Science and law are cool, yo!  Rock on girl!

The Markman Hearing

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A post from our student blogger Megan

The MSPL just participated in a mock Markman Hearing last week. The shorthand term “Markman Hearing” refers to a United States Supreme Court case, Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). This case hinged on whether claim construction was a job for a judge or a jury. The holding decidedly provided that claim construction is to be determined by the finder of law, or a judge. Finders of fact, or juries, however, are guaranteed through the 7th Amendment in patent infringement cases which are totally separate proceedings.

Markman Hearings differ from infringement trials, though. The purpose of a Markman Hearing is to decipher what the claim terms of a patent mean. If you recall from some of my earlier blogs I discussed that claims are the legally enforceable portion of a patent. Claims essentially describe the invention that is to receive patent protection. And just because you receive a patent doesn’t mean that you are finished with the legal system with regard to that invention. Depending on the patent and the parties involved, your patent may become the subject of heavy litigation at some point. This litigation will likely stem back to the claims of your patent. If your claims are unclear another party may infringe, or unlawfully make, use, sell, or import your invention. This gives you reason to sue for infringement.

For our Markman Hearing the MSPL was given a set of children’s connector toys. If you were born in the eighties or nineties you remember Tinkertoys and K’nex®. We were given a larger version of these as the subject products in question for our hearing. This brought back some great memories for me because my grandmother had a set of giant Tinkertoys that she hid in obscure places in her home in Iowa. She hated to clean the mess we made after playing with these toys and knew that my brothers and I would never clean up after ourselves, so we had to sneak the set out of her basement when she wasn’t looking. This got a lot of nervous giggles out of us but when she’d discovered what we’d done, she would laugh, too. Who knew that years later I would be trying to interpret the claim construction of the patent drafted to protect this childhood memory of mine?!

During the hearing, the MSPL was split into two groups: one group became the plaintiffs and the other group became the defendants. The plaintiffs accused my group—the defendants—of infringing their product by making some connector toys almost identical to their toys. Just as in a real Markman Hearing, both sides met to discuss what claim terms they agreed were ambiguous and needed to be argued. Both groups met outside class to formulate arguments and draft briefs to the Court. A hearing was scheduled to argue the meaning of the ambiguous claim terms and the briefs were submitted to the judges—our professors.

The day of the hearing the defendants knew that they were in trouble as soon as one of our judges/professors, Tom Mauch, saw the infringing product and proclaimed, “defendants, you’re toast.” As you can see, this mock Markman Hearing was more laidback than an official courtroom setting; however, it was conducted very close to the procedure of an actual hearing. Both sides were given time to present their arguments as well as ten minutes of rebuttal.

This mock experience taught us a lot of valuable, practical information. First, we need to be careful how we initially draft claims—if your claims are unclear you put your client at risk for litigation at a later time. Second, develop your argument but also think about what your opponent’s argument is going to be so you can anticipate and craft a formidable rebuttal. Finally, claim drafting and claim interpretation are learned skills. It takes effort and practice to become proficient at these things, allow time to develop this ability.

The Markman Hearing symbolizes the endpoint with respect to the obligations that we had to meet for our capstone requirement in the MSPL. It is with bittersweet excitement that I write this blog on a rainy Saturday afternoon in late April. Our time in the MSPL has almost come to an end but as I finish this eighteenth blog I am reminded of a quote that I will leave you with: “every end is a new beginning.”

The end of a chapter

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Friends and family tailgating before watching the Milwaukee Brewers on Opening Day, 2015.

Friends and family tailgating before watching the Milwaukee Brewers on Opening Day, 2015.

A post from our student blogger Roberto

Well this is it, my final blog post to you as a member of the 2015 MSPL class at Notre Dame.  When I first started writing these posts I knew very little about patent law.  I knew very little about Notre Dame and I knew very little about what the future had in store for me.  As the year has gone on, we have learned an incredible amount about a very specific field and we have learned just as much about ourselves.  For me, the unique training at Notre Dame has been extremely rewarding given my background in mechanical engineering which is, for the most part, a broad ranging education.  It is a pretty cool thing to be a part of an important and growing field that very few people fully understand.

Whenever I tell someone what I have been studying this past year I always get asked something along the lines of, “Why do you like it?”  The first few months of this program I don’t think I was ever able to truly vocalize my thoughts.  As a result, I gave them a response along the lines of “I think it’s really interesting and that my skill set puts me a great position to take full advantage of this career.”  Looking back, I think my answer today would be a bit different.

As you may remember from my first post, my inspiration for becoming a mechanical engineer has been, and always will be, my dad, who is a self-taught inventor, businessman and everything in between.  After coming up with an incredible idea he needed help protecting his work so that he could build his company.  Throughout the year I have been brought back to those meetings with my dad and the patent attorney so many times.  This year I have had the pleasure of working with some of the brightest and most talented minds at Notre Dame through my capstone project.  Each time I worked with these men I brought myself back to that time.  As I explain complicated patent issues and concerns to my inventors I have had moments where I have seen the proverbial “light bulb” go on.  After a few of these moments, I realized that, in a sense, patent practitioners are just as much translators as they are practitioners.  Very few inventors understand patent law and, as a result, they are completely entrusted to the knowledge and judgement of the practitioner in protecting their ideas.  One skill that is extremely important, and developed over years of practice, is doing a good job explaining all of the options available to the inventors and helping the inventors achieve their goals.  The practical experience that the MSPL offers in this department will go a long way in preparing us for the countless conversations we will have with inventors throughout our careers.

So what’s next for me?  An awful lot, and I am going to love every second of it.  I am excited to begin working for Foley & Lardner LLP at their headquarters in Milwaukee after graduation.  I am thrilled to serve within the electromechanical group and I look forward to bringing everything I have to a fantastic team.  It is also an incredible blessing being able to start my career in the area I grew up in which will allow me to stay near my parents, girlfriend, and close friends.  I have three younger sisters still at home and being able to be there for them as they grow up and go through high school is an amazing opportunity.  Another fun fact about me is that I play on an amateur baseball team near Milwaukee so it will be amazing to be able to continue playing a game I love.  I have played the game since I was old enough to hold a bat.  In high school I had a few key injuries that derailed my career.  After forgoing the sport in college in order to focus on my education it has been revitalizing to pick it up again and I look forward to another great season.  I hope to get to a few Brewers games this summer, and to a few Packers and Notre Dame games in the fall.  This next year holds a lot in store for me.  I will watch my girlfriend graduate with a double major from an incredibly challenging university.  I will enjoy the moment with her knowing that she has made the most out of an incredible life that has taken her from an orphan in India’s largest and most impoverished city to an inspirational leader and life changing mentor for children in the classroom.  I will travel down to Chicago to watch my younger brother continue to light up the stage as he plays a lead role in a major theatre production this summer.  I will watch him wherever he goes and I am excited to continue to witness his transformation from high school theatre standout to movie star.  I will help my oldest younger sister (wow that was difficult to put into a sentence) as she prepares to begin her own college odyssey.  I will watch both of my oldest younger sisters continue to tear up the softball diamonds of Wisconsin this summer.  I will run to the store to pick up baking ingredients for my youngest sister who is an aspiring chef and baker and I will enthusiastically serve as the taste tester for countless of her concoctions.   To put it simply, I look forward to the many memories and good times ahead.

Now I also begin another chapter of my life.  No longer am I a student, I am now a contributing member of my community.  I take my responsibility to give back seriously and I am excited to have the opportunity to go back and improve my community.  Throughout college I was able to volunteer through various organizations and look forward to working hard to make a difference in as many lives as possible.  I have been blessed to have had the assistance of many generous people in my journey to get to this point in my life.  All along I have believed that my life mission is to use my talents to improve the lives of others.  Now that I am done with school that chapter officially begins.

The last part of this post is directed to the question I’m sure many of the prospective students reading this will want answered: now that I am through the program, what do I think about the MSPL as a whole?  I think it has been incredible and prepared me very well for life after graduation.  The real world experience the program has provided will serve us all well as we begin our careers in a few short weeks.  The capstone project in the MSPL is a unique and extremely rewarding challenge for students that ties in the topics taught in all the classes into one continuous project.  I think more engineers and scientists need to consider careers in patent law and that they should consider starting down that path through the MSPL.  The MSPL gives students incredible training that would be difficult for students to duplicate in any other setting.  In addition to the training, there are many opportunities to immerse yourself in the patent law community.  From guest lectures to office visits in San Francisco and Washington, D.C., students are brought into this community through the many experiences available through the MSPL.  Another advantage of the MSPL is that students are trail blazers, forging a new path on their journey from engineers and scientists to the patent practitioners of tomorrow.  It is rewarding to be on the cutting edge of such an important field and to be a part of an educational revolution.  The final benefit is that students are welcomed into the Notre Dame family.  At first, I thought this was a fluffy benefit people just talked about but that in reality meant very little.  I was very wrong.  Being on campus and talking to plenty of alumni I have realized that there truly is a Notre Dame family and that it is a special thing to be a part of.  It will be special to belong to a group as close knit as Notre Dame’s and I look forward to interacting with more and more alumni in the coming years.

Well, I guess it’s about that time.  This is it, my final MSPL goodbye!  Thank you for reading my posts and the posts of my fellow MSPL bloggers, Megan and Catie this year.  It has been an honor to share my experiences and I hope that they have shed some light on what life is like being a member of the MSPL at Notre Dame.  I would be more than happy to talk in more detail with anyone about my experiences and can be reached at the below correspondence or through my LinkedIn profile.

Go Irish!
-Roberto
Email: fernandezr519@gmail.com
LinkedIn

What’s my motivation

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A post from our student blogger Catie

After the patent application has been drafted and filed, the patent agent or attorney is still tasked with the prosecution of that application. This requires responding to Office actions regarding the application, and making arguments against any claim rejections. Basically, the patent practitioner is convincing the examiner that the patent application is complete and worthy of issuance.

In the MSPL, we are taking a course this semester that focuses on filing these responses. The process is extremely detail-oriented, and the document must be at least double or triple-checked to be sure that it meets all the meticulous formatting requirements called for by the USPTO. That’s only half of the battle. The other half is writing a response to rebut the examiner’s rejections. Some of the arguments against rejections may be simply stating and pointing out specific clauses of the patent laws that cause the rejection to be moot. That may sound pretty boring, but in some ways, these are the easiest of the rejections to which a patent practitioner may have to respond.

Other arguments may require the practitioner to argue more subjective matter. A common rejection to receive alleges that two or more earlier patents create the technology of the current application to have been an obvious improvement or combination of elements. In such a case, the practitioner has the option of formulating an argument that no motivation existed to create the invention prior to its conception and patent application filing. This kind of response to a rejection may seem more interesting than simply utilizing the law, but it is much more strategic than it sounds.

Firstly, it’s important to carefully read through the rejection to understand what components or aspects are involved in the examiner’s reasoning for the obviousness rejection. This almost always involves two or more patents or articles that the examiner cited as containing all of the elements in the technology of the current patent application. The patent practitioner must then carefully evaluate the language of the current patent application and the cited sources to determine if the examiner is correct in his or her assertion maintained by the rejection. If the examiner happened to forget an element, or possibly misinterpreted the art of the cited references, then the practitioner should (politely) point out those mistakes and assert that the technology of the current application is therefore not obvious.  It is important for the patent practitioner to formulate arguments against the rejection that are based upon the specific language and components utilized in the examiner’s rejection. This may include arguments against any motivation to combine elements from earlier patents to create the invention at any point prior to its filing.

Generally, when making an argument that no motivation existed to combine elements to create the current invention, the Teaching, Suggestion, Motivation (TSM) standard is used. This is a strategy to argue against the rejection that asserts that prior references did NOT explicitly teach that the particular elements may be combined, suggest that such a combination could be considered, or provide motivation to combine the particular elements  due to the functioning of the separate inventions. Making these arguments calls for plenty of research and focus regarding small aspects of your invention, but it definitely makes for an exciting challenge; especially considering that you get to ‘nerd-out’ on the intricacies of your technology! So, keep on searching for your motivation (or lack thereof)!

The patent process from start to finish

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Patent ProcessA post from our student blogger Megan

I get a lot of questions about how the patent process works. Because I think the patent process can seem a little daunting, I thought I’d give you a quick rundown of how it works from start to finish. Please note that this is just a general view of the process and how it works—each patent application is different and therefore the process is unique for each as well. In addition, while you may proceed pro se (without the help of a patent attorney or agent), it is highly recommended that you enlist the guidance of a patent practitioner when seeking patent protection.

Where do you begin when you want a patent? Well, first, you’ll want to know that this is not an extremely fast process. So how long does it take to get a patent? In true lawyer fashion, I have to tell you that it just depends. If you have a complex underlying technology then it could take years. Some dates that you will want to remember are that your application will publish eighteen months from filing and if you file a placeholder application, you will need to replace this with a real application within twelve months. Ok, so you can kind of see where this is going… patent law is complicated so you’ve got to know your dates and prepare accordingly.

Let’s swing back to the original question, though: where do you start when you want to get a patent. You need to figure out if your idea has already been acted on. In other words, you need to do a patentability search to determine if there are other patents, offers for sale, publications, patent applications, or anything else that has already discloses your idea. You will want to do this because if your idea is already within the public domain you will likely be prevented from receiving a patent. Remember, you cannot patent something that isn’t original.

Once you’ve performed a patentability search you will want to draft a patent application. Your application will have to comply with various statutes. For instance, the concept that you reveal in your application will need to be new and non-obvious. You will have to describe how to make and use your technology so a person who works in your technology area will be able to reproduce it. Careful planning and drafting are a must at this stage in the game. It is essential that you understand how to draft an application if you want the process to proceed as smoothly as possible. Drafting a patent application is both an art and a science. Patent agents and attorneys are trained to specialize in this.

If you choose to submit your application to the United State Patent and Trademark Office (USPTO), you will enter a phase called “prosecution.” Remember that this is patent prosecution, not a criminal prosecution—these two things are different. Patent prosecution involves sending your patent application to a person who reviews applications in a specified area of technology at the USPTO. You will likely encounter what are called “rejections” from your examiner. Don’t stress, this is a common occurrence. Patent prosecution involves going back and forth with the examiner until you get the application drafted in a proper form that the examiner accepts.

If the examiner sends you a “notice of allowance,” congratulations, you just snagged a patent on your inventive idea. If your examiner denies you at least two times through rejections, you have the option to appeal this decision. Appeal is an interesting court procedure that I won’t delve into it in this blog, but know that it is an alternative if you are struggling to get a patent grant.

This was a quick look at the patent process. Please note that it is far more complicated in real life. But as the saying goes, it may not be easy but it will be worth it. So, happy patenting!

The patent application

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http://www.toonpool.com/cartoons/Vanilla%20Ice%20Patent_145365

http://www.toonpool.com/cartoons/Vanilla%20Ice%20Patent_145365

A post from our student blogger Megan

Three words: patent application drafting. This is what the MSPL is immersed in as of right now. Our graduate thesis consists of drafting a patent application which is due on April 1. Drafting a patent application is a true art form and more in-depth than its moniker suggests. It is not simply an “application” that one fills in information into prepared blanks. In fact, patent application drafting requires serious skill and thought into the future. Most of what goes into a patent application is very calculated language and terminology, with careful consideration of what types of language could be litigated on at a later time.

One interesting aspect of the patent application is that there are rules that accompany each part of the application. There is even a rule for the title which states that: it must be 500 characters or less and the words ‘“new,” “improved,” “improvement of,” and “improvement in” are not considered as part of the title of an invention, these words should not be included at the beginning of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues. Similarly, the articles “a,” “an,” and “the” should not be included as the first words of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records, and when any patent issues.”’ This rule for invention titles is actually very short and understandable compared to the other rules for each part of the patent application.

Combine the pressure of submitting a patent application within a specific deadline (timing is everything in the patent world—if you miss a date your client can be enormously hindered) and the rapidly, seemingly never-ending evolving design of cutting-edge inventions, and you have the perfect storm of quiet chaos. My desk is stacked with notes from inventors, red-inked application drafts, and sticky notes with simple reminders to look up a rule of law. I work day in and day out on the application but somehow each new day brings a new challenge: this document is truly living and breathing, it changes each time the inventors email with a new drawing or ask about adding a detail that they hadn’t considered before.

Be forewarned: patent application drafting is not for the faint at heart. I joke, but in all honesty, while drafting my first patent application has admittedly been a struggle, it has also deepened my appreciation for the agents and attorneys that draft applications on a daily basis. These professionals walk a thin line between fully describing the underlying invention, and avoiding costly litigation blunders that may crop up sometime in the future. This requires the utmost in scientific and engineering comprehension, along with a deep-seated legal knowledge of rules.

The enjoyment in drafting the application has been in translating science and engineering principals into legal language. We are seeing the finished product after months of careful planning and understanding another person’s detailed creation. I am eternally grateful to the Notre Dame inventors I got to work with to draft my first patent application; I learned a ton and the experience was one-of-a-kind. I’d like to make this blog entry longer but please, excuse me, I have to get back to this application!

The intellectual property story of Legos

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Figure 1: Comparison of Mega Bloks (Top) and Legos (Bottom). (Courtesy of Wikipedia)

Figure 1: Comparison of Mega Bloks (Top) and Legos (Bottom). (Courtesy of Wikipedia)

A post from our student blogger Roberto

As a kid, I could usually be found playing ball in the yard with my brother until the sun went down.  When we were forced to be inside, either by the lack of sunlight or good weather, my brother and I would always find something fun to do.  Many times I would find myself with screwdriver and hammer in hand, plotting how to take something apart in order to figure out how it worked.  As you may be able to guess, this led to the absolute destruction of many valuable items, including a watch which was my mother’s wedding gift to my father.  Shockingly, my parents were in desperate need of a new way for me to get my early engineering fix and began investing in Legos.  Like any aspiring engineer, I spent days on end constructing the coolest hydrogen-powered intergalactic star destroyers and subterranean exploratory vehicles.  Pretty soon I was bringing my creations to family gatherings showing them off like blue ribbon cattle at the state fair.  Before long my amazing family contributed to the cause by routinely giving me Legos on birthdays and at Christmases.  I remember one year getting a set of Mega Bloks and initially not even realizing the difference.  For those who do not know, Mega Bloks are a direct competitor to Lego’s interlocking brick platform and often times can even be used interchangeably with Legos.  After using these new Mega Bloks with my old Legos I soon realized the truth; the Mega Bloks were simply not as nice as the Legos I had come to know and love.  These Mega Bloks looked and worked like Legos but were not made to the same quality.  Rather than precisely locking together like Legos, Mega Bloks were flimsy and never really fit well together often leading to weak structures that fell apart.  In contrast, my Lego creations were so rigid that they needed to be pried apart and often doubled as formidable defense measures against an unexpected onslaught by my brother.

So why am I spending all this time talking about Legos?  Well, while reminiscing about my childhood over our recent spring break I remembered my love for the little plastic blocks.  After I thought about them for a while I asked myself two things.  First, where the heck were they, I needed to find them and relive all these awesome memories.  And second, I wondered what kind of crazy intellectual property issues Legos ran into.  After doing some research I found out that the Danish company started selling toys in 1932 and introduced the first of their famous bricks in 1958.  As you may be able to guess, many of Lego’s patents have since expired with the last major one expiring in 1978.

Mega Bloks first entered direct competition with Legos in 1991 and has been involved in about a dozen lawsuits with Lego since then, many of which are still active.  The natural question now is, how did Mega Bloks’ activity after Lego’s patent expirations result in a lawsuit?  Well, after running out of patent protection Lego’s savvy legal team turned to copyright and trademark protection.  In particular, Lego has tried to protect the visual appearance of its standard brick with eight studs through trademark protection.  In 2005, Lego sued Mega Bloks for trademark violation in Canada and lost and after that, Lego brought a similar suit against Mega Bloks in Europe and lost again.  As it stands right now, Lego is currently grasping at straws to protect its intellectual property and facing the possibility of little real protection.

Figure 2: Image of "Lego Friends" Comparison (Courtesy of Cato).

Figure 2: Image of “Lego Friends” Comparison (Courtesy of Cato).

While many of the cases surrounding Lego’s trademark of a block with studs have been settled Lego is now going after competitors for making products similar to their new “Lego Friends” products.  Lego has recently filed a complaint to the U.S. International Trade Commission (ITC) against several companies to bar importation of several products similar to their “Lego Friends” products on the basis of copyright infringement.  The ITC’s intellectual property powers originate from their responsibility to protect domestic industries from “unfair competition”.  The key issue here is that Lego is a Danish company which manufactures its products in Europe and Mexico.  This may disqualify them from standing as a “domestic industry” and therefore they may not subject to the ITC’s protection.

What presents an even more interesting situation for Lego is the advent of 3D-printing technology.  As you may know, 3D-printers are becoming less expensive and are beginning to offer more capabilities.  In the coming years as 3D-printers become common place it will be impossible for Lego to prevent others from printing their own bricks.  In fact, a professor at Carnegie Mellon University recently created an online library of pieces which can be printed by anyone with a 3D-printer.  It is not out of the realm of possibility that 3D printers will dramatically impact sales of products like Legos which are largely uniform and easy to print.  As the cost of 3D-printers and supplies continue to decrease, at what point will Legos become simply too costly?  These issues are surely being considered by the company and it will be exciting to see how they adapt.  Before long Legos may no longer be bought at the store, but downloaded online and printed at your desk.

Getting down to business

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Enlightened Diagnostics™ (EnDx™) from left to right: Gaylene Anderson, advisor; Colin O’Toole, MA ’15; Scott Manwaring, MBA ’15; Chris Cali, MS ’15; Megan Usovsky, MS ’15; and Victoria Zellmer, PhD ’17

Enlightened Diagnostics™ (EnDx™) from left to right: Gaylene Anderson, advisor; Colin O’Toole, MA ’15; Scott Manwaring, MBA ’15; Chris Cali, MS ’15; Megan Usovsky, MS ’15; and Victoria Zellmer, PhD ’17

A post from our student blogger Megan

When we think about patents we normally don’t think about business. In reality, patents go hand-in-hand with business. Why do people seek patent protection in the first place? Ultimately, patents place a monopoly on a device, machine, manufacture, or method, and insure that others do not make or use the patented item for a specified period of time. Patenting, as you can see, means the difference between having the ability to create a business based around specified items or not.

At Notre Dame I have had the distinct honor of being part of a business team that competes at competitions around the country. This experience has been incredible to say the least. My capstone project for the MSPL has been intricately woven into a business venture. For the past eight months, Chris Cali, ESTEEM masters 2015 candidate; Victoria Zellmer, PhD in biochemistry 2017 candidate; Scott Manwaring, MBA 2015 candidate; Colin O’Toole, Masters of Accounting 2015 candidate, and myself, have met outside school hours to craft a business plan and presentation to sell our inventors’ technology to potential investors. The five of us have learned that building a business from scratch takes a lot of time and effort: sweat equity needs to be poured into creating a business formula that will work, as well as a healthy dose of personal time and attention.

When we first met on a balmy sunny day in August, our business team was all smiles; we had no idea the commitment we were about to engage. With the help of our steadfast business team advisor, Gaylene Anderson, we started to meet at least once every week. The process was slow at first but as we started to decipher the makeup of our technology and how it worked, we were able to begin drafting a rough copy of our business plan over first semester break. The original plan was the culmination of each team member’s contribution: our technology entrepreneur drafted the majority of the business plan, our biochemist added her expertise on the science, our engineer/MBA added his knowledge of the technology as applied to business, the accountant added his numbers throughout spreadsheets, and I added sections devoted to our intellectual property. We entered several competitions ranging from the McCloskey business plan competition here at Notre Dame, to national competitions in Texas and California.

Our first competition took place at the University of Louisville in Kentucky at the Cardinal Challenge on Valentine’s Day. We didn’t know what to expect but we looked dapper in our company color—royal blue—which also paid deference to the University of Notre Dame. With some nerves and a little trepidation, we made it through a fifteen minute presentation. There were four judges that provided feedback after we presented. Some of the feedback was harsh—since we didn’t know what to expect we were thrown off by some of the criticism. We left the first round with some worry that we would not make the final round; however, we also left with a huge sense of accomplishment.

The top four teams were announced during lunch and we were called last. We made it, though! All the hard work had gotten us to at least a spot in the top four. We practiced for another couple hours and then it was show time again. We pitched our idea to a second set of tough judges as well as a larger audience.

I can still remember the feeling I had when the third and fourth runner-ups were announced: complete and utter happiness! Our company name was called for second-place. This was a respectable showing, but the entire team agreed that we were hooked on the spirit of the competition, our technology, and eventually, we set our minds to win it all going forward to other competitions.

Business is integrally tied to patents, and quite possibly to everything we do in life. As the old saying goes, “nothing in life is free.” This means you can capitalize on almost everything out there. But business is more than just making money. It is about selling something that is going to help someone. Our technology is an imaging platform that enhances cancer diagnostics. And I get to be part of this—simply amazing. Now, let’s get down to business, and I’ll update you on our progress as we compete for first place at further business competitions.

Trademark tactics

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The WalletHub logo is being opposed by Major League Baseball on behalf of the Washington Nationals and Chicago Cubs. (Courtesy of Evolution Finance) (All Courtesy of Washington Post)

The WalletHub logo is being opposed by Major League Baseball on behalf of the Washington Nationals and Chicago Cubs. (Courtesy of Evolution Finance) (All Courtesy of Washington Post)

A post from our student blogger Roberto

When many hear the words “intellectual property” they think only of patents.  In fact, there are many other forms of protection that are available depending on the subject matter.  For example, a trademark can be filed to protect any word, name, symbol, or design, or any combination of the proceeding, to be used in commerce.  This identifies and distinguishes the goods of one from the goods of another and serves as indication of the source of goods.  Not surprisingly, most of the work of patent agents relates to patents.  However, it is important to understand the other types of protect that exists and how they may fit in with your client’s needs.

For me, it has always been easiest to learn through examples.  Better still, it is more fun to learn through examples that peak my interest.  As you will likely find out in the coming months (through subsequent posts) I am an avid baseball fan and even play on a team back in Milwaukee.  With spring training starting just a few days ago, and a torturous ending to the Packers’ season, I admittedly have a bad case of baseball fever.  Out of the blue, I decided to do an online search for “baseball intellectual property”.  Oddly enough, there were a few news outlets covering a trademark dispute between the Chicago Cubs (Booooo!!), the Washington Nationals, and a small Washington D.C. startup called Evolution Finance.  Evolution Finance uses the trademark to represent WalletHub, a Web site they run where consumers can compare credit cards and find personal finance advice.  The dispute is over Evolution’s application for a trademark, the white W on the green background, which Major League Baseball (MLB) is opposing because of the trademarks owned by their clubs, the Cubs and Nationals.  While I have watched baseball my entire life, well since I can remember, I have watched baseball.  One of my first memories was hitting baseballs off a tee in my backyard and I can’t tell you how many summer hours I have put in on the diamond.  Even with my knowledge of baseball, I had absolutely no idea what the Cubs’ trademark was from.  While I had never seen the Washington trademark because it was from their early Senators years (1912-1927), I was shocked to hear that the Cubs trademark had been used at least 38 times each season since the 1940’s.  In fact, the Cubs trademark is actually depicted on a flag that is hoisted at their home stadium, Wrigley Field, after each home victory.  After learning this, it made sense to me why I had not seen the flag before.

MLB is arguing that consumers may be confused by the Evolution Finance trademark and mistakenly associate it with baseball or believe that it is endorsed or partnered with MLB.  Conversely, Evolution Finance is arguing that their uses are substantially different than those of MLB and that the uber-powerful baseball conglomerate is attempting to hijack the letter W and all its potential uses.  Currently the two sides are awaiting a trial before the Trademark Trial and Appeals Board which will decide the fate of Evolution Finance’s trademark.

In a follow up to my last post, it looks like football player has followed in Marshawn Lynch’s footsteps and filed their own trademark application.  Jameis Winston, the highly touted and potential first overall selection in this year’s draft, has filed a trademark application on his nickname “Famous Jameis”.  In addition to the contract he will sign, last year’s number one pick Jadeveon Clowney signed for $23M guaranteed, Winston will look to cash in on branding much like Lynch aims to do.  The trend of sports players seeking trademark protection for nicknames or catch phrases definitely seems to be heating up.  In recent years Johnny Manziel, Roberto Griffin III, Jared Allen, Darrelle Revis and former players John Elway, Bart Scott, Michael Strahan, and Terrell Owens all have filed trademarks.  Given the cash cow that sports marketing is, it is not surprising that athletes are looking to capitalize.

Decoding the matrix

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A post from our student blogger Roberto

As an undergraduate I remember waking up one morning and everything changed.  Before that day I remember straining my brain each second trying to memorize every piece of information my teachers went over in class.  When the time came to prepare for the test I would work through the notes and redo all the practice problems hoping to just re-learn all those examples from class.  Then exam day would come and the questions would be different. As a result, I would be forced to exercise my creative knowledge on test day.  As if those tests weren’t hard enough I would later learn that this method of studying made them far more difficult than they had to be.

As I said, there was a day when this all changed.  Maybe it was a result of staying up all night in computer lab trying to figure out which sign change I needed to make in order for my code to work but one morning I woke up and everything was different.  It was almost a matrix-like moment, for all of my Keanu Reeves fans out there.  Rather than furiously copying down everything I saw on the chalk board I was found myself taking very few notes.  I had finally connected the dots, I had begun to piece the concepts together.  I actually began to look at problems and see the numbers and underlying concepts behind what was going on.  I would take pieces from my other classes and use them to predict what the teacher would say next.  Before long I had unlocked a whole new level of learning and understanding.

When I was going through bootcamp here in the MSPL I realized that I had to become a student of something entirely different than the engineering coursework I was used too.  My reset button had been pressed and back again were the days of tirelessly scribbling notes I would probably never make sense of.  Initially, it was a bit of transition for me going from engineering to law.  I was not used to analyzing words so carefully nor was I accustomed to memorizing statutes and laws.  While I knew all of our classes had been carefully interwoven together it was hard for me to see the common thread at first.  Each time our professors lectured or we listened to guest speakers I was amazed at the level of knowledge they possessed of the law.  They spoke about the law so fluently and eloquently it was as if I was in a foreign country.

After a while the hard work in the classes started to pay off.  I began to put the pieces together and I started to truly understand, rather than memorize, concepts.  While I was studying for the patent bar I began to realize the true intent of the system and that answers to questions would always flow from that understanding.  It was a really great to feel like I understood what patent law was about and what the goal of it was.  The closest comparison I can make is that when you were young your parents instilled in you a sense of right and wrong, a moral compass.  At first, it was difficult to differentiate right from wrong and we would often pay for the price for it.  After a while though we began to trust our moral compass and simply ask ourselves what would be the right thing to do.  Rather than memorizing rules we relied upon our understanding of much larger concepts.

For my news tidbit of the week I (regrettably) once again turn our attention to the Seattle Seahawks and their running back Marshawn Lynch.  As many who follow the NFL know, star NFL players are required to be available for public media interviews after games or at league scheduled events.  Many stars, including Aaron Rodgers, Jordy Nelson, Eddie Lacy and Randall Cobb, rarely make headlines for these interviews.  Some players however have utilized the venue to air grievances with coaches, opposing players or teammates.  Lynch made headlines this season not for what he said, but what he did not say.  After refusing to answer questions from the media during the majority of the season, and being subsequently fined by the NFL, Lynch decided to answer all media questions with the simple word “yeah”.    The next week Lynch answered all questions with “Nope” and over the next few weeks all questions were answered with “Thank you for asking”, “I appreciate it” or “I’m thankful”.  Many wondered what Lynch would say during “media week”, which is the week before the Superbowl.  Rather than answering questions with one of his already coined responses or not answering at all, this time Lynch responded to every single question with a variant of “I’m just here so I won’t get fined”.  Now, a few weeks after that now famous interview, Lynch is attempting to file a U.S. trademark on the phrase.  Presumably, Lynch intends on reproducing his famous line on his own personal brand of clothing.  As you may know, this trademark would allow him to stop others from reproducing that phrase. While Lynch’s series of interviews will go down in sports lore it is awesome to see intellectual property coming into play and I am excited to see what he does with the phrase.