For our weekly SoCal IP Institute meeting on Monday, January 25, 2021 we will discuss the following
DOJ decision (1/15/21) not to alter existing ASCAP/BMI consent decree structure (Decision here)
PROs vs Publishers explained here
In the final days of the Trump administration, the Dept. of Justice ended its ASCAP/BMI consent decree review without taking action, meaning the agreements governing how ASCAP and BMI operate will continue to exist exactly as they are now. ASCAP/BMI are organizations established nearly a century ago to facilitate collection of fees from businesses that use music on behalf of songwriters, composers, and music publishers and distribute them as royalties to those members whose works have been performed. ASCAP/BMI consent decrees originating in 1941 and periodically reviewed/revised forbid BMI and ASCAP from offering licenses to businesses on non-equivalent terms while forbidding BMI and ASCAP member companies from partially withdrawing portions of their rights to circumvent the decrees. Pros and cons of decision.
What are the impacts on potential Re-issue claims from a Restriction Requirement during prosecution?
Case law has limited the remedy of obtaining claims in Re-issues if a Restriction Requirement was entered in the patent prosecution (Discussion SoCalIP Institute – Reissues)