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Westlake Legal Group > Posts tagged "Intellectual Property"

I Dislike Tariffs; I Dislike Intellectual Property Theft Much, Much More

We’ve oft written about the abject phoniness that poses as “free trade” in Washington, D.C.

Where our trading partners impose all sorts of taxes and import limits on our stuff. And we do nothing of the sort to theirs – flinging wide open our worlds-largest-market to any and all comers.

Where our trading partners’ governments subsidize the living daylight out of their products. Which they then bring to global market – bringing with them the inherent, price-reducing advantages of all the government money behind them.

All of which woefully disadvantages our products – and their producers. Because our producers aren’t competing on anything remotely resembling a level playing field.

This decades-long inanity – has severely damaged our nation.

It has cost us millions of jobs. The Rust Belt – wasn’t always the Rust Belt. It used to be the heart of the world’s greatest manufacturing engine.

Gone are tens of thousands of plants and factories. Swap-outsourced – for government money checks, meth labs and opioid addictions.

Oh: But you can get a Communist Chinese TV at Walmart fo $20 less than you otherwise would – so that makes up for everything.

Speaking of Communist China….

Westlake Legal Group China-Stop-Stealing I Dislike Tariffs; I Dislike Intellectual Property Theft Much, Much More zte USPTO United States Patent and Trademark Office trade wars Trade War trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

Republican President Donald Trump campaigned for his current gig – against the bipartisan DC headwind: “Manufacturing jobs are never coming back.”

Trump won – and then went about the business of…bringing those jobs back. Over 304,000 such jobs have been created…and counting, as the regulatory and tax cuts continue to work their magic.

And things will additionally continue to improve – because Trump is also working on the third leg of the economy stool: Improving DCs awful trade track record.

And just in time. Because China has also been stealing the next generation of jobs – generated by and around the creation of Intellectual Property (IP). Having cornered much of our manufacturing job market – China is now moving on our world-leading IP creation.

China is working to steal our IP creation – by promising IP creators IP security…if you move your IP creation to China.

This is a protection-racket-shakedown – of trillions-of-dollars-proportions. Because China has spent the last several decades…stealing trillions of dollars of IP.

We in the US lose to Chinese IP theft about $600 billion per year. Oh – and China forces companies to “voluntarily” hand over their IP – in exchange for any access at all to China’s market.

Trump has been rightly decrying these sorts of awfulness…for decades. He campaigned for President – repeatedly denouncing China’s massive IP theft.

And after working domestically to address regulatory and tax overreach – in March Trump announced steel and aluminum tariffs on China. And did so – citing China’s IP theft as a principal reason therefore. Trump’s tariff total – topped out at $150 billion. Or…less than 25% of China’s annual IP theft from us.

The same DC fake free traders – who have spent several decades allowing to continue unabated this massive Chinese IP theft specifically and awful trade generally – screeched about Trump and his “Trade War.”

News flash, folks: We’ve been in a trade war with China…for decades. They declared it. And until Trump – only they were waging it.

I publicly, repeatedly said Trump’s tariffs were exactly the right thing to do.

If you’ve been punched in the face for half a century and done nothing about it – to get it to finally stop…you have to start punching back.

China has been Muhammad Ali-ing us forever. It’s about time we finally got up off the mat.

Now…I do not like tariffs. Nor do I like artificial government limits imposed on trade. Nor do I like government subsidies of products.

I do not like any of these things – because I like free trade. Not the fake “free trade” with which DC has for decades destroyed us. I like actual, real free trade.

But if I have to swallow some Trump tariffs – to address four times that amount in IP theft – I am all the way down with it.

Trump is threatening to tax some China fruit – to save the US IP fruit tree. Because that tree – is MUCH more important than that fruit.

If we have to pay more for steel and aluminum products – in exchange for saving domestic IP production – then hand me my wallet…I’ll happily pay.

But I also supported Trump’s steel and aluminum tariffs – because I knew they would never, ever actually be imposed. Because I know – as Trump does – China needs us…WAY more than we need them.

Who was right? Trump and I – or the DC Smart Set?

China Trade War ‘On Hold’ as Trump Pauses Tariffs: “The administration had threatened $50 billion to $150 billion in tariffs on Chinese goods as a way to deter the theft of U.S. intellectual property and forced transfers of technology. Beijing countered by threatening tariffs on $50 billion worth of U.S. farm, chemical and other exports.

“But (Treasury Secretary Steven) Mnuchin said Sunday that the two sides agreed on a framework for reducing the U.S. trade deficit with China and addressing technology trade irritants during high-level talks on Thursday and Friday….

“U.S. Trade Representative Robert Lighthizer, one of the driving forces behind the intellectual property theft investigation that led Trump to threaten tariffs on $50 billion to $150 billion worth of Chinese goods, said in a statement that the two sides have “agreed on a framework to address the very serious issues raised” in that probe. That includes putting the tariffs on hold, but keeping them in reserve if needed.”

Oh look – the Chinese blinked.

Now, I am not an idiot. Neither is Trump (despite widespread reporting to the contrary). I do not trust the Communist Chinese – as far as I can throw their Great Wall.

But we just watched them go – in just two months – from full-on bluster and threats of retaliation…to a unilateral buckling.

Because they know what we all should – that we can afford a “trade war” WAY more than they can.

And most importantly:

I think saving our status as the world leader in IP creation and implementation – is vitally, crucially, fundamentally important to our economic future.

Oh – and our national and international security as well.

5G wirelessand the all-encompassing Internet of Everything – is coming. We are but a couple of years away from everything – cars, stoplights, stoves…EVERYTHING – being online.

And the 5G world leader and standard-setter is either going to be the US – or Communist China. Guess for whom I’m rooting.

So we must do everything possible to protect everything Intellectual Property from Chinese theft.

Including threatening to pay a little more for steel and aluminum.

Which, again, we will never have to actually do.

Because as we have just seen – China needs us WAY more than we need them.

The post I Dislike Tariffs; I Dislike Intellectual Property Theft Much, Much More appeared first on RedState.

Westlake Legal Group China-IP-620x451-300x218 I Dislike Tariffs; I Dislike Intellectual Property Theft Much, Much More zte USPTO United States Patent and Trademark Office trade wars Trade War trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Businesses Race to Washington to Sway Trump on China Tariffs

Some of those testifying about the proposal commended the tariffs, and others criticized them. But all agreed on the potential for the plan to irrevocably alter the course of their businesses.

https://www.nytimes.com/2018/05/15/us/politics/trump-china-tariffs-hearings.html?partner=rss&emc=rss

Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up

Westlake Legal Group rapper-kanye-west-and-pro-wrestler-kane-well-take-wisdom-wherever-it-turns-up-2 Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

As the late, inordinately great Andrew Breitbart wisely noted: “Politics is downstream from culture.”

Our politics is so awful, awfully Leftist – in no small part because our culture is so awful, awfully Leftist.

Our media of all sorts – news, Hollywood, music, literature – is corrupt nigh to the core. And that rot – pollutes the waterways all the way down to our politics.

So ANY cultural glimmer of sanity and reason to pierce the dark veil – should be warmly welcomed.

Rapper Kanye West is currently offering one such glimmer. West is thankfully in the midst of melting down a decent portion of the Democrats’ horde-enforced lockdown on black people and their votes.

It all began with what what in saner times would be the most innocuous of pro-President Donald Trump comments. Delivered – as many things these days are – via Twitter:

Westlake Legal Group rapper-kanye-west-and-pro-wrestler-kane-well-take-wisdom-wherever-it-turns-up-4 Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

Really – this is inordinately innocuous. But every single word of this – is highly problematic for Democrats. Who loathe individual thought – and rely on horde violence to enforce any deviation from the Leftist mind meld. Especially when it comes to blacks – who have for decades overwhelmingly voted for Democrats.

West has hereby committed Leftist racial heresy.

Thankfully, West did what Trump also does when confronted by the hordes. He didn’t back down – he doubled down. Appearing on TMZ, West said:

“You’re choosing to enslave peoples’ minds. You’re choosing to not let the truth be free….

“It’s the mob. The mob tries to tell you what to think. The mob tries to make all blacks be Democrats for food stamps. It’s the mob.”

Yes, I know West hasn’t spent his life writing treatises on Austrian economics and traditional social doctrine. And he hasn’t now arrived at 100% conserva-tarian-ism.

But…politics is downstream from culture. And if this modern-day cultural icon is carpet-bombing his tens of millions of fans with these eminently reasonable truths – we should at the very least appreciatively applaud his efforts.

We’ll take wisdom – wherever it turns up.

Westlake Legal Group rapper-kanye-west-and-pro-wrestler-kane-well-take-wisdom-wherever-it-turns-up-6 Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

Which brings us to former WWE wrestler Glenn Jacobs – better known by his nom de singlet Kane.

Jacobs is running for mayor of Knoxville, Tennessee. And it looks like he’s going to win.

Our media – is likely even more stupid than it is corrupt. Get a load of this headline:

Glenn Jacobs, Expected to Be Elected Mayor is a Libertarian. What that Means for Knox County

Because for the media, seeing Libertarians and Conservatives – is like being on safari in Africa. They are examining what are for them weird and dangerous animals – from which they would very much like to distance themselves – and the nation.

But while Kanye West appears to have recently arrived at Reality – Jacobs seems to have thought about these things for a very long time. His less government ideology is very much fully-formed – and he is more than able and willing to discuss it.

Jacobs sat down for a discussion with fellow Libertarian Matt Kibbe – during which Jacobs eruditely eviscerated Socialism.

Perhaps the most interesting portion of the exchange – was Jacobs deviating from what seems to be dominate Libertarian doctrine on Intellectual Property (IP).

Most Libertarians are…awful on IP. They fly full-speed into the headwinds of human nature – and pretend that if you allow universal theft of the work product of IP producers – IP producers will continue to produce IP anyway.

Which is…simply, titanically stupid. Intellectual Property – is property. If we allow universal theft of a farmer’s crops – no one will ever farm again. Because…duh. If we allow universal theft of IP – no one will ever create IP again. Because…duh.

God bless Jacobs – he gets all of this. Describing the awfulness of Socialism – Jacobs champions IP:

“You can completely lose innovation – because there is no profit motive. Why would I want to go out there and work really hard – and as an entrepreneur put my capital and put my time into research and development and bring a product to market – when I’m not going to be able to keep the profits and the fruit of my labor? The incentives are completely, completely perverted and distorted.”

Indeed the incentives are.

And there’s the dirty little secret, my anti-intellectual Property friends – Libertarian and otherwise.

You can not be pro-capitalism – if you are anti-IP. Because you can not have capitalism – without IP.

If you champion IP theft – you are championing Socialism.

Socialism being the governmental, societal and cultural system – predicated upon theft.

So thank you Kanye West. Thank you Glenn Jacobs. Thank you comedian and podcast impresario Joe Rogan.

Cultural glimmers all – sending shards of hope downstream to our politics.

Long may you entertain – and inform.

We’ll take wisdom – wherever it turns up.

The post Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up appeared first on RedState.

Westlake Legal Group rapper-kanye-west-and-pro-wrestler-kane-well-take-wisdom-wherever-it-turns-up Rapper Kanye West and Pro Wrestler Kane – We’ll Take Wisdom Wherever It Turns Up USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple   https://www.redstate.com/setonmotley/2018/05/08/rapper-kanye-west-pro-wrestler-kane-we%e2%80%99ll-take-wisdom-wherever-turns/

China Prepares a Hard-Line Stance on Trump’s Trade Demands

Beijing sees its economy as robust enough to defy U.S. tariff threats, potentially leaving Washington with no choice but to escalate or back down.

https://www.nytimes.com/2018/04/30/business/china-trump-trade-talks.html?partner=rss&emc=rss

World Intellectual Property Day, April 26– On the Shelf

The following post is a joint effort by Jennifer Davis (collections text) and Betty Lupinacci (gazette curation and photo).

Today, April 26, is World Intellectual Property Day. At the Law Library, one subject matter area most frequently requested by patrons from our collections is intellectual property law. Since our foreign law specialists are frequently producing new content about intellectual property law, and this is such a hot topic with our users, the Law Library always remembers this day.

The World Intellectual Property Organization encourages people “to learn about the role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in encouraging innovation and creativity.” To start or continue that learning, read our legal reports on intellectual property, read articles in the Global Legal Monitor and investigate our holdings. The following is a list of some of our most recent acquisitions on intellectual property law, and a photo of some our recent foreign gazette issues including trademark notices.

Westlake Legal Group world-intellectual-property-day-april-26-on-the-shelf World Intellectual Property Day, April 26– On the Shelf World Intellectual Property Day WIPO Law Library Intellectual Property Collections

Trademarks in gazettes [photo by Betty Lupinacci]

K1401.D564 2012 Dinwoodie, Graeme B. A Neofederalist vision of TRIPS:  the resilience of the international intellectual property regime.

K1401.D58 2015  Diversity in intellectual property: identities, interests, and intersections.

K1401.I6 2017  Introduction to intellectual property: theory and practice. Second edition.

Κ1401.Ο45 2013 Olwan, Rami M. Intellectual property and development: theory and practice.

K1401.R363 2013 Ramcharan, Robin. International intellectual property law and human security.

K1401.5.P76 2017  Protecting traditional knowledge: the WIPO intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore.

K1404.D44 2016  Deere-Birkbeck, Carolyn. The World Intellectual Property Organization (WIPO): a reference guide.

K1418 2015 Reinbothe, Jörg. The WIPO treaties on copyright: a commentary on the WCT, the WPPT, and the BTAP.

K1420.5.C676 2017  Research handbook on copyright law. Second edition.

K1505.K579 2010 Klunker, Nina. Harmonisierungsbestrebungen im materiellen Patentrecht: Bestandsaufnahme und Entwicklung auf der Ebene der WIPO und der trilateralen Verträge.

K1505.S73 2011 Stack, Alexander James. International patent law: cooperation, harmonization, and an institutional analysis of WIPO and the WTO.

K1505.W67 2011  World Intellectual Property Organization. Secretariat.  Guo ji zhuan li zhi du bao gao = Report on the international patent system.

K1562.G49 2017  Geographical indications at the crossroads of trade, development, and culture: focus on Asia-Pacific.

K1562.R47 2016 Research handbook on intellectual property and geographical indications.

K1577.5.I93 2011 Iwasaki, Emiko. Honmono:  genuine goods.

K3245.I575 A3 2010 Intellectual Property, Trade and the Knowledge Assets of Indigenous Peoples: the Developmental Frontier (2010 :  Victoria University of Wellington). Indigenous peoples’ innovation : intellectual property pathways to development.

K3791.I565 2016  Intellectual property and access to im/material goods.

K3943.T716 2012 Trade governance in the digital age: World Trade Forum.

K4610.5.F65 2012 Foltea, Marina. International organizations in WTO dispute settlement:  how much institutional sensitivity?

KD1269.L365 2017 Landmark cases in intellectual property law.

KG413.D78 B35 2014 Balancing wealth and health : the battle over intellectual property and access to medicines in Latin America.

KJE2636.C66 2016  Concise European copyright law. Second edition.

KRM 1160.2.A928 2014    al-Dhākirah al-mafqūdah li-tārīkh qānūn ḥaqq al-muʼallif al-Miṣrī: al-fuqahāʼ Līnān Dū Bilfūn wa-Būbīkūfīh wa-Byūlā Kāzaylī = Mémoire oubliée de l’histoire du droit d’auteur égyptien.

Contact us at: Westlake Legal Group Your Northern Virginia Full Service Law Firm. Call (703) 406-7616 or click here for our website: http://westlakelegal.com/

Communist China’s Latest Intellectual Property Con: Stealing IP Creation

Westlake Legal Group communist-chinas-latest-intellectual-property-con-stealing-ip-creation-1 Communist China’s Latest Intellectual Property Con: Stealing IP Creation USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

Communist China is not a nice place. Because…Communism.

Amongst its oh-so-many awful deeds – Communist China is a world-renowned den of intellectual property (IP) thieves.

Forget Tariffs, China’s Alleged Intellectual Property Theft a Bigger Threat to Market

China is an “alleged” IP thief – the way Don Juan was an “alleged” fan of women.

How Much Has the US Lost from China’s IP Theft?: “The United States Trade Representative, which led the seven-month investigation into China’s intellectual property theft and made recommendations to the Trump administration, found that ‘Chinese theft of American IP currently costs between $225 billion and $600 billion annually.’ Those numbers are in line with a 2017 report from the Commission on the Theft of American Intellectual Property.”

That’s a lot. Thankfully – after decades of our pretending Communist China isn’t…Communist China – we have elected a president who is in touch with Reality.

(Donald) Trump’s Actions Send a Clear Message: China’s Era of Intellectual Property Theft Is Over

Communist China, of course, knows the right things to say and do – so as to assuage the neglectful world community.

China Launches Campaign to Protect (Intellectual Property Rights) IPRs of Foreign Companies

But this is the set-up of yet another Communist China con. Here’s hoping Team Trump isn’t fooled – and keeps doing exactly what they’re doing to clean up our IP mess.

Westlake Legal Group communist-chinas-latest-intellectual-property-con-stealing-ip-creation-2 Communist China’s Latest Intellectual Property Con: Stealing IP Creation USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple

Decades of international enforcement abandonment – combined with a decade-plus of horrendous domestic policy – has severely damaged the United States as a safe haven for IP.

So much so – that we have now dropped out of the top ten on the list for best places for IP investment and development.

Enter the Communist China IP con.

Read carefully what China is saying about IP – and it becomes clear what they are really doing.

Which is setting themselves up to be the recipient of the massive investment coin that will leave the US – as our IP protection continues to deteriorate.

What China is establishing – is the latest version of their China First protectionism.

China has spent the last several decades doing this to other US economic sectors – most notably manufacturing. The IP pattern and plot-line…is disarmingly similar.

The US spent decades imposing all sorts of stupid, expensive government policies on domestic producers. High taxes and countless regulations – followed by even higher taxes and even more regulations.

Thereby making US domestic production…heinously unattractive.

Meanwhile, we allowed China to impose all sorts of impediments to our products entering their market. High tariffs and low import limits – followed by even higher tariffs and even lower import limits.

All the while, our government imposed relatively little government of any kind on imports. As but one of billions of examples: As Trump Tweeted, a car entering the US market – pays a 2.5% tariff. The same car entering China’s market – pays a 25% tariff. Because that’s equitable and fair.

Oh: And if US companies want to do business in China – China demands they hand over their technology and IP. Because that’s fair. Also about which we have done…absolutely nothing.

All of which makes US domestic production…even more heinously unattractive. And moving instead out of the US and into China…more and more alluring.

So US companies have spent the last several decades – making sense. Taking millions of manufacturing jobs out of the US – and into China. Because math.

And this blueprint – is exactly the model China is looking to replicate with IP.

For China – so far, so good. In no small part because we are replicating our stupidity.

We have spent the last decade-plus passing really stupid anti-IP laws.

And the Barack Obama Administration came up with a whole new, titanically stupid way to attack IP.

Federal Trade Commission Files Antitrust Lawsuit Against Qualcomm

Let us pause here for but a moment. Did you get that?

What is a patent? Merriam Webster says: “(T)he exclusive control and possession of a particular individual or party.”

So the Obama government attacking patent holders under antitrust law is – on its face – absolutely ridiculous.

But for China – it is policy worth emulating. Because China has Huawei – a Qualcomm competitor. So…even more protectionism. Help Huawei – by punishing Qualcomm.

Qualcomm Fined $975 Million in China

So let’s check the tally. All of our dumb domestic policy. Combined with China’s massive, ongoing, unaddressed IP theft. And…surprise – we’re no longer in the IP top ten.

China wants the hundreds of billions of IP investment dollars – we seem so intent on driving away.

So they are very publicly setting themselves up as an IP safe haven – if you’re located in China, that is.

That is what is really behind all of China’s public IP proclamations.

So we get statements like this: “‘Stronger IPR protection is the requirement of foreign enterprises, and even more so of Chinese enterprises,’ (Chinese President) Xi said.…”

And stories like this:

China Establishes 19 Intellectual Property Protection Centres: “China has established 19 intellectual property protection centres and will continue to provide more efficient and low-cost rights protection channels, Shen Changyu, head of the State Intellectual Property Office, declared on Tuesday.”

And more completely ridiculous statements like this: “Shen pointed out that the results of the Section 301 Investigation of China by the US ignores the objective facts that China has strengthened intellectual property protection, and has always insisted on the equal treatment of intellectual property rights of both domestic and foreign enterprises.”

“China…has always insisted on the equal treatment of intellectual property rights of both domestic and foreign enterprises”…? Ladies and Gentlemen – your Joke of the Day.

Bet this: Communist China is tightening up IP protection – for Chinese companies. And only Chinese companies.

And inviting the US and the world’s IP creators – to become Chinese IP creators. And bring their hundreds of billions of investment dollars with them.

Which would be outstanding…for Communist China.

And absolutely destructive and awful for the US – and everyone else on the planet.

The post Communist China’s Latest Intellectual Property Con: Stealing IP Creation appeared first on RedState.

Westlake Legal Group communist-chinas-latest-intellectual-property-con-stealing-ip-creation Communist China’s Latest Intellectual Property Con: Stealing IP Creation USPTO United States Patent and Trademark Office trade South Korea Samsung republicans Qualcomm private property rights private property Politics Policy Patents Patent Troll patent and trade office patent act Patent News National Security Michelle Lee law Intellectual Property innovation act Huawei Government Google FTC Front Page Stories Front Page Free trade Federal Trade Commission fair trade Economy democrats Cronyism crony socialism crony capitalism crony cronies corruption China cfius Business & Economy broadcom bribery apple   https://www.redstate.com/setonmotley/2018/04/24/communist-china%e2%80%99s-latest-intellectual-property-con-stealing-ip-creation/

Judge Andrews Grants Defendants’ Motions to Dismiss After Finding Certain Claims of the Patents-in-Suit Are Directed to Patent Ineligible Subject Matter

By Memorandum Opinion entered by The Honorable Richard G. Andrews in the IPA Technologies, Inc. v. Amazon.com, Inc. et al., Civil Action No. 16-1266-RGA (D. Del. March 31, 2018) (consolidated), the Court granted Defendants’ motions to dismiss as to claim 1 of U. S. Patent No. 6,742,021 (“the ‘021 patent”), claim 1 of U. S. Patent No. 6,523,061 (“the ‘061 patent”), and claim 1 of U. S. Patent No. 6,757,718 (“the ‘718 patent”) after finding that those claims are each drawn to an abstract idea and that none of them provide an inventive concept. In%) of its findings, the Court noted, among other things, that the subject claims are “aspirational in nature and devoid of any implementation details or technical description” that would permit the Court to conclude that any of the subject claims as a whole are directed to something other than the abstract idea of retrieving electronic data in response to a spoken request, and transmitting the retrieved data to a user. Id. at *18.

A copy of the Memorandum Opinion is attached.

http://feeds.lexblog.com/~r/DelawareIntellectualPropertyLitigation/~3/KvjRHJaR77Y/

Accessing Former Employer’s Google Account May Violate CFAA

Suppose your employer asks you to create a Google account for the company. So you do. You set up everything yourself: Google Drive, Google+, Gmail–the works. You even set the password to your dog’s name. All of Google’s terms and conditions are accepted by you personally when creating the account. You proceed to use the account on behalf of the company, using Google Drive to store hundreds of company documents. Then you leave your job. Is the Google account yours? You created it, so are you free to make whatever use of the account you wish? Can you delete it?

Marcelo Cuellar thought so, but he was wrong. According to papers filed in Estes Forwarding Worldwide v. Cuellar in the Eastern District of Virginia, here are the facts. Cuellar joined Estes Forwarding Worldwide (“EFW”)–a transportation logistics company–in 2010. EFW has developed trade secrets relating to the best transportation solutions for various types of shipments, including information about type of freight, freight dimensions, routing decisions, vendor selection, and so on. It keeps this information in spreadsheets and other electronic documents.

For whatever reason, one of EFW’s customers had certain IT restrictions in place that prohibited EFW from installing its own IT infrastructure on-site at the customer’s location. So that it could share information about shipments from the location, EFW turned to the cloud. Cuellar, “acting on behalf of EFW and in furtherance of Westlake Legal Group accessing-former-employers-google-account-may-violate-cfaa Accessing Former Employer’s Google Account May Violate CFAA Trade Secrets SCA Internet Law Intellectual Property computer fraud CFAA   its business,” created a Google Drive account for EFW at the company’s request. The idea was that EFW’s on-site employees (all of whom had signed confidentiality agreements) could use the account to record information such as shipments being handled, routing decisions being made, cost information, etc. The login name was “efwsfo@gmail.com”. (The customer was located in San Francisco).

The Google account was used on a daily basis by EFW employees for several years. In 2015, Cuellar left the company and joined a competitor. In 2016, over a year after leaving EFW, he logged in to the Google account he had created several years earlier on behalf of EFW. He downloaded the entire collection of over 1900 spreadsheets, changed the password, and then deleted the account.

EFW did not appreciate this. It sued Cuellar for violation of the Computer Fraud and Abuse Act (“CFAA”), violation of the Stored Communications Act (“SCA”), and other claims.

The CFAA is a fairly lengthy statute setting out a long list of prohibited activity. The court analyzed EFW’s claims under the following three provisions:

  • 18 U.S.C. § 1030(a)(2)(C). To successfully state a claim based on a violation of § 1030(a)(2)(C), a plaintiff must allege that the defendant: (1) intentionally (2) accessed a computer (3) without authorization or in such a way that exceeded his authorized access, and (4) obtained information (5) from any “protected computer,” (6) resulting in a loss to one or more persons during any one-year period aggregating at least $5,000 in value.
  • 18 U.S.C. § 1030(a)(4). Under this section, a plaintiff must plead that the defendant: (1) knowingly and with the intent to defraud (2) accessed a “protected computer” (3) without authorization or exceeding such authorization that was granted and (4) furthered the intended fraud by obtaining anything of value, (5) causing a loss to one or more persons during any one-year period aggregating at least $5,000 in value.
  • 18 U.S.C. § 1030(a)(5)(C). Similarly, a plaintiff seeking to recover under this section must assert that the defendant: (1) intentionally (2) accessed a “protected computer” (3) without authorization, and, as a result of such conduct, (4) caused damage and loss (5) to one or more persons during any one-year period aggregating at least $5,000 in value.

Cuellar argued that he could not be held liable under any of these sections because he did not act “without authorization.” His position was that because he was the one who created the account, it was Google, rather than EFW, who was the source of his authority. In other words, so long as he did not violate Google’s Terms of Use, he did not act “without authorization.” Judge Hudson was not impressed. An employee is authorized to access a computer when the employer approves or sanctions admission to that computer. Although it was Cuellar who created the Google account, he “only did so while acting in the course and scope of his employment and for the benefit of EFW, not for personal use.” Thus, it was EFW who owned the account and had the right to authorize access to it. And clearly, EFW did not authorize Cuellar to go in and steal its proprietary data.

The court noted that the Hoofnagle v. Smyth-Wythe Airport case was different because in that case, the employee created a Yahoo! account that he used for both personal and business purposes. In Hoofnagle, the employee had created the account on his own accord and not at the direction of his employer. In Cuellar’s case, by contrast, the Google account was clearly created as a business account for the benefit of EFW and not a personal account.

Cuellar also argued that because he had created the account on-site at the customer’s location and there were no allegations of internet usage or interstate commerce, he had not accessed a “protected computer” within the meaning of the statute. The court did not find that argument compelling, either. Any computer with Internet access is effectively being used in interstate commerce or communication and is therefore a protected computer. Google Drive is stored in the cloud–the entire account was located exclusively on the Internet. It was therefore entitled to protection under the CFAA as a “protected computer.” The court denied Cuellar’s motion to dismiss the CFAA claim.

The SCA claim was also permitted to go forward, for much of the same reasons. The test for “without authorization” is the same under both the CFAA and the SCA. And the court rejected Cuellar’s argument that the spreadsheets on Google Drive did not qualify as “communication” protected by the SCA. The court noted that Congress has defined “electronic communication” broadly as “any transfer of signs, signals…data, or intelligence of any nature transmitted in whole or in part by a wire…system that affects interstate or foreign commerce.” 18 U.S.C. § 2510(12). Because EFW had alleged that information was transferred from one employee to another via updating the spreadsheet on the shared online account, that definition was satisfied.

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Trademark Licensing Agreement Foreclosed Naked Licensing Defense

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Use of Misappropriated Trade Secret Not Required For a Trade Secrets Act Violation

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