Transcript Intellectual Property-Intensive Industries Contribute $5 Trillion, 40

Prosecution Group Luncheon
June 2012
USPTO Report: Intellectual Property-Intensive
Industries Contribute $5 Trillion, 40 Million Jobs to
U.S. Economy
• virtually every industry either produces or uses IP
• IP-intensive industries (75) accounted for about
$5.06 trillion in value added, or 34.8% of U.S.
gross domestic product (GDP), in 2010.
• IP-intensive industries directly accounted for 27.1
million American jobs, or 18.8% of all
employment in the economy, in 2010.
• Avg weekly wages for IP-intensive industries
were $1,156 42% higher than the $815 weekly
wages in non-IP-intensive private industries.
USPTO Amends Rules For Specimens of Use,
Launches Pilot "Deadwood" Project
• The PTO has revised the Rules regarding specimens of
use, and has launched a pilot study to review a number of
registrations at the Section 8 or renewal stages.
– USPTO can upon request, require additional
specimens, information, exhibits, and affidavits or
declarations deemed reasonably necessary to
examine a post registration affidavit or declaration of
continued use, an allegation of use ( 1(a) or 1(b)), or
an amendment to a registered mark.
• These new Rules go into effect on June 22, 2012.
ICANN “REVEAL DAY” June 13th
• ~2000 applicants for gTLDs
• a rough list of the most-filed for strings:
.APP
13
.INC
11
.HOME
11
.ART
10
.LLC
9
.BLOG
9
.BOOK
9
.MUSIC
8
.MOVIE
8
.DESIGN
8
.WEB
7
.HOTEL
7
Review list for conflicts?
Not-so-Initial Disclosures
• Opposer first identified a potential witness in pre-trial
disclosures. In its initial disclosures, Spier had identified
another person who later left the company.
1) the surprise to the party against whom the
evidence would be offered;
2) the ability of that party to cure the surprise;
3) the extent to which allowing the testimony would
disrupt the trial;
4) the importance of the evidence; and
5) the non-disclosing party’s explanation for its failure
to disclose the evidence.
• TTAB granted motion to strike – should have updated
• Spier Wines (PTY) Ltd. v. Ofer Z. Shepher, Oppositions Nos.
91182155 and 91182825 (June 12, 2012) [precedential].