Will Google’s Patent Purchase Promotion Foster Innovation?

patent By Cheryl Lee

Some believe the US patent system is being used to curb innovation, handicap inventors and drain corporate resources in lengthy litigation that cripples competition rather than being used to drive innovation. Many US legislators believe that patent ‘trolls,’ the non-practicing entities that purchase patents and pursue infringement litigation, threaten America’s economy and ability to innovate. In response to the patent trolls, Representative Bob Goodlatte (R-VA), along with 27 cosponsors, introduced the anti-troll legislation, H.R. 9 – Innovation Act in February, 2015.

However, the US Congress is not the only entity that wishes to solve the problems within the patent system. On April 27, 2015, Google announced the ‘Patent Purchase Promotion,’ an experimental marketplace inviting owners to directly sell their patents. Google stated that bad things such as lawsuits and wasted efforts happen when smaller participants sometimes end up working with patent trolls. Therefore, the Patent Purchase Promotion is Google’s attempt to “remove friction from the patent market” and “help improve the patent landscape and make the patent system work better for everyone.” The Patent Opportunity Submission Portal opened from May 8 – 22, 2015 for patent holders to submit information to Google about the patents they wanted to sell and at what price. Continue reading

Ninth Circuit Holds Stock Photography Collection Registration Protects Individual Images, Defers to Longstanding Copyright Office Practice

By Amanda BringsImage

In Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co., the Ninth Circuit recently weighed in on the much-contested issue of whether the copyright registration for a photograph collection protects the individual images within the collection. Adopting the approach of the Fourth and Fifth circuits, the court held that when a stock photography agency registers a collection of images and the agency has ownership rights in both the collection and the individual images, the registration covers both the collection as a whole and the individual images.

The case arose when Alaska Stock, a stock photography agency, filed a complaint against the major publisher Houghton Mifflin Harcourt (HMH) alleging that HMH committed copyright infringement when it exceeded its license to use Alaska Stock’s images. HMH moved to dismiss the complaint on the grounds that Alaska Stock did not have valid copyright registrations for the individual images under 17 U.S.C. § 409, and therefore could not bring suit under 17 U.S.C. § 411(a), which makes registration a precondition for an infringement action. Continue reading