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Prosecution Group Luncheon

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

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Prosecution Group Luncheon

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  1. Prosecution Group Luncheon June 2012

  2. 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.

  3. 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.

  4. 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?

  5. 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].

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