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IPBiz

IPBiz

Intellectual property news affecting business and everyday life. From
patent lawyer Lawrence B. Ebert.

http://ipbiz.blogspot.com/
  • Feb 08

    IPCC gets facts about Netherlands ...

    IPCC gets facts about Netherlands wrong
    from Breitbart: The Netherlands has asked the UN climate change panel
    to explain an inaccurate claim in a landmark 2007 report that more
    than half the country was below sea level, the Dutch government said
    Friday. According to the Dutch authorities, only 26 percent of the
    country is below sea level, and the Intergovernmental Panel on Climate
    Change (IPCC) will be asked to account for its figures, environment
    ministry spokesman Trimo Vallaart told AFP. The incident could cause
    further embarrassment for the Posted on Monday, February 8, 2010 at 5:44 pm
  • Feb 08

    Patent to Sakurada iPS in Britain

    Patent to Sakurada iPS in Britain
    from PRNewswire: This patent is based upon the innovative research led
    by Dr. Kazuhiro Sakurada, former Head of Global Drug Discovery
    Regenerative Medicine Bayer Schering Pharma AG. Under an agreement in
    2008, the Sakurada patent estate related to iPSC technology was
    assigned to iZumi Bio, now iPierian. The newly granted UK patent
    covers the generation of human iPS cells from human postnatal cells
    through any combination of forced expression of genes that includes
    the Oct3/4, Sox2 and Klf4 genes, so long as Posted on Monday, February 8, 2010 at 5:44 pm
  • Feb 08

    Naples' Bova says Avatar not plag ...

    Naples' Bova says Avatar not plagiarized
    version of Altair
    Ben Bova of Naples, Florida says that Avatar is NOT a plagiarized
    version of his own "The Winds of Altair," first published in 1973.
    After going through a detailed analysis of the similarities, Bova
    disposed of the plagiarism issue with few words: James Cameron has not
    plagiarized my work. Plagiarism is when someone steals the words
    you've written and uses them as his own. Ideas are a different matter.
    Ideas can't be copyrighted or patented. Ideas are free. One might
    ponder "business method patents." Bova Posted on Monday, February 8, 2010 at 5:44 pm
Rank This Ths Week: 26

IPKat

IPKat

Covers copyright, patent, trade mark and privacy/confidentiality
issues from a UK and European perspective.

http://ipkitten.blogspot.com/
  • Feb 08

    Monday Musings

    Monday Musings
    The Kat's wish everyone a very happy start the week and hope, if you
    are in London, are enjoying the snow! The gloves are out for Aussie
    Olympic flag - The iconic Boxing Kangaroo flag (left) attracted
    controversy at the Winter Olympic Games Village in Vancouver over the
    weekend. The IOC believed that the flag, being flown by the Australian
    team in the Olympic Village, violated the IOC's rules on unauthorized
    commercial symbols being displayed at the Games. The flag is a
    registered trade mark of the Posted on Monday, February 8, 2010 at 10:30 am
  • Feb 08

    PCT applications fall 2009, Chine ...

    PCT applications fall 2009, Chinese PCT
    applications soar
    International patent filings under the Patent Cooperation Treaty (PCT)
    fell by 4.5% in 2009 with sharper than average declines experienced by
    some industrialized countries and growth in a number of East Asian
    countries, the WIPO announced today. Provisional data indicates that
    155,900 international patent applications were filed in 2009 as
    compared to the nearly 164,000 applications filed in 2008. The
    drop-off in Germany and the USA was about 11%, while PCT filings from
    China increased by nearly 30%. China Posted on Monday, February 8, 2010 at 10:30 am
  • Feb 06

    Quelle surprise - still no new EP ...

    Quelle surprise - still no new EPO President
    As Joff Wild noted earlier today, and the EPO have just confirmed, the
    EPO's Administrative Council has failed yet again to select a
    successor to Alison Brimelow for EPO President. At the latest meeting,
    none of the three remaining candidates received the required 75% of
    the votes to make it. The AC will apparently now try yet again when
    they meet in March. The IPKat thinks that this is making the
    Administrative Council look increasingly ridiculous. After three
    attempts, surely some bright spark could come Posted on Saturday, February 6, 2010 at 12:26 am
Rank This Ths Week: 40

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin,
branding, replacement parts, famous marks, grey goods and Madrid
Protocol. By Schwimmer Mitchell.

http://www.schwimmerlegal.com/
  • Feb 06

    Unfettered By Knowledge, I Speak ...

    Unfettered By Knowledge, I Speak Freely on
    Fox Business Live
    I'm still shuddering. I was supposed to appear on Fox Business Live (a
    streaming version of Fox Business) to discuss the IP aspects of
    Google's dispute with China. Then this morphed into 'the IP aspects of
    Secy of State Clinton's Internet Freedom speech' (which was a very
    good speech even though there was little to do with IP). Then we're
    live on the air and the anchor asks me about the Bank of China
    lowering interest rates. As I launch into it, I'm thinking "did he
    just ask me about interest rates?" To my Posted on Saturday, February 6, 2010 at 12:36 am
  • Feb 06

    Pryor Representation Doesn't Crea ...

    Pryor Representation Doesn't Create Conflict
    Law Firm reprented Plaintiff in a prior trademark litigation.
    Plaintiff sues Defendant, one of Law Firm's other clients, and Law
    Firm is retained to represent Defendant. Plaintiff moves to disqualify
    Law Firm arguing that either (1) Law Firm concurrently represents
    Plaintiff as a result of the prior litigation; or (2) this suit is
    substantially related to the prior litigation and Law Firm obtained
    confidential information about Plaintiff relevant to the current
    litigation. Held: 1. This is not a concurrent Posted on Saturday, February 6, 2010 at 12:36 am
  • Feb 06

    My Huffington Post Column On The ...

    My Huffington Post Column On The WHO DAT
    Dispute
    Trademark Nation: Who Dat Who Own Who Dat? Posted on Saturday, February 6, 2010 at 12:36 am
Rank This Ths Week: 55

The TTABlog

The TTABlog

Covers the Trademark Trial and Appeal Board. By John L. Welch.

http://thettablog.blogspot.com/
  • Feb 08

    Precedential No. 4: TxDOT Wins TT ...

    Precedential No. 4: TxDOT Wins TTAB 2(d)
    Tussle Over "DON'T MESS WITH TEXAS" for
    Clothing
    The Board granted plaintiff's summary judgment motion in this Section
    2(d) opposition/cancellation proceeding involving two entities owning
    registrations for the mark DON'T MESS WITH TEXAS for various clothing
    items. Applicant Richard Tucker admitted that TxDOT had priority of
    use (TxDOT proved it anyway), and TxDot easily fended off his feeble
    arguments regarding the lack of "significant" evidence regarding
    TxDOT's interstate use and the de mimimis nature of its actual
    confusion evidence. Texas Department Posted on Monday, February 8, 2010 at 10:54 am
  • Feb 06

    TTAB Affirms 2(e)(2) Geographical ...

    TTAB Affirms 2(e)(2) Geographical
    Descriptiveness Refusal of "US PATIENT
    REGISTRY" for Medical Information Database
    Rejecting Applicant's contention that the term "US" in US PATIENT
    REGISTRY would be perceived as meaning "we," the Board affirmed a
    Section 2(e)(2) refusal to register, finding the mark primarily
    geographically descriptive of Applicant's services: "providing a
    database of health and medical information" [PATIENT REGISTRY
    disclaimed]. In re Milwaukee Institute, Inc., Serial No. 77476467
    (January 28, 2009) [not precedential]. Applicant maintained that the
    primary significance of "US" is not geographic. It Posted on Saturday, February 6, 2010 at 12:52 am
  • Feb 06

    Bummer! TTAB Finds "PEACH CLAIRE" ...

    Bummer! TTAB Finds "PEACH CLAIRE" for
    Lingerie Not Confusingly Similar to "PEACH
    BUNS" for Clothing
    In an unexpectedly dull opinion, disappointingly devoid of
    illustrations, the Board dismissed an opposition to registration of
    the mark PEACH CLAIRE for lingerie, finding the mark not likely to
    cause confusion with the registered mark PEACH BUNS for women's
    clothing, including swimwear. Opposer's lack of proof regarding the
    relatedness of the goods, paired with the suggestiveness of the word
    PEACH for clothing, led to Opposer's downfall. GA Peach Buns, Inc. v.
    Voucia Corporation, Opposition No. 91174032 Posted on Saturday, February 6, 2010 at 12:52 am
Rank This Ths Week: 56

Recording Industry vs The People

Recording Industry vs The People

Covers the RIAA's lawsuits of against ordinary working people.

http://recordingindustryvspeople.blogspot.com/
  • Feb 09

    Oral argument rescheduled in SONY ...

    Oral argument rescheduled in SONY v Tenenbaum
    to Feb 23rd at 3:15 pm
    The oral argument of all of the pending motions in SONY BMG Music
    Entertainment v. Tenenbaum has been adjourned to February 23rd, at
    3:15 PM: Judge Nancy Gertner: Electronic ORDER entered GRANTING [35]
    JOINT Motion to Continue Mtn Hearing....motion hearing reset from
    2/16/10 to 2/23/10 at 3:15pm in ctrm #2, 3rd floor. Hearing will be
    held on MOTION for New Trial or Remittitur (Civ. Act. No. 07-cv-11446,
    document #26), and all pending motions. (Molloy, Maryellen) Keywords:
    lawyer digital copyright law online Posted on Tuesday, February 9, 2010 at 1:39 am
  • Feb 09

    RIAA opposes Tenenbaum's motion f ...

    RIAA opposes Tenenbaum's motion for
    remittitur
    In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has filed its
    opposition papers. RIAA's memorandum in opposition [Ed. note. As is
    their habit, and as their friends at the Department of Justice did as
    well, the RIAA's lawyers have ignored (a) all but one of the leading
    cases, (b) all of the leading law review articles and other
    scholarship, and (c) the actual contents of the Supreme Court's
    decisions. Fortunately these are contained in the amicus curiae brief
    we filed last year on behalf of the Free Posted on Tuesday, February 9, 2010 at 1:39 am
  • Feb 04

    Oral argument scheduled in SONY v ...

    Oral argument scheduled in SONY v Tenenbaum,
    February 16th, 9:30 A.M.
    In SONY BMG Music Entertainment v. Tenenbaum, the Judge has scheduled
    oral argument of all of the outstanding motions for February 16th, at
    9:30 AM. ELECTRONIC NOTICE of Hearing on [26] MOTION for New Trial or
    Remittitur (Civ. Act. No. 07-cv-11446, document #26), and all pending
    motions, including, Plaintiffs' Motion for Costs and Fees Under Rule
    37(a)(5) (Civ. Act. No. 03-cv-11661, document #851); Plaintiffs'
    Motion to Compel Defense Counsel to Cease Unauthorized Recording
    Activities, to Cease Publication Posted on Thursday, February 4, 2010 at 4:17 am
Rank This Ths Week: 63

Patent Docs

Patent Docs

Covers biotech and pharma patent law and news. By McDonnell Boehnen
Hulbert & Berghoff.

http://www.patentdocs.org/
  • Feb 09

    Conference & CLE Calendar

    Conference & CLE Calendar
    February 9, 2010 - Patent Prosecution: Best Practices for Reducing
    Costs While Improving Patent Quality (Technology Transfer Tactics) -
    1:00 - 2:30 PM (EST) February 17-18, 2010 - Biotech &
    Pharmaceutical Patenting (IIR) - Munich, Germany February 24-25, 2010
    - 2nd Expert Forum on ITC Litigation & Enforcement (American
    Conference Institute) - New York, NY March 1-2, 2010 - 4th Annual
    Patent Law Institute (Practising Law Institute) - New York, NY March
    2-4, 2010 - 6th Annual Biosimilars Conference Posted on Tuesday, February 9, 2010 at 2:31 am
  • Feb 09

    USPTO Extends Period for Public C ...

    USPTO Extends Period for Public Comment and
    Period of Effectiveness for Recent Programs
    By Sarah Fendrick -- The U.S. Patent and Trademark Office has extended
    the time for public comment for two recent Office initiatives and has
    extended the period of effectiveness for a third Office initiative.
    Extension of Period for Comments on Enhancement in the Quality of
    Patents In December 2009, the USPTO published a notice in the Federal
    Register seeking public comment on the enhancement in quality of
    patents. Specifically, the Office solicited public comment with
    respect to potential methods that may Posted on Tuesday, February 9, 2010 at 2:31 am
  • Feb 09

    USPTO Budget Request for FY 2011 ...

    USPTO Budget Request for FY 2011 and
    Perspectives from the Patent Community
    By Christopher P. Singer -- On February 1, 2010, the U.S. Patent and
    Trademark Office issued a press release announcing President Obama's
    $2.3 billion budget request for the USPTO for fiscal year 2011.
    According to the statement, the amount of the budget request is
    intended to support and achieve the strategic objectives of the
    five-year plan for the USPTO as mapped out by Director Kappos and
    Commerce Secretary Locke. Specific goals include reducing application
    pendency and the existing application backlog, Posted on Tuesday, February 9, 2010 at 2:31 am
Rank This Ths Week: 91

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By
Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • Feb 06

    The Soul of Creativity

    The Soul of Creativity
    This part of the semester is always tough for me, so I can't give you
    a full-scale review of Roberta Kwall's new The Soul of Creativity
    (Google books) (Amazon), though I hope to do so eventually. Kwall sets
    out an account of creativity as spiritual and author's rights as
    fundamentally moral, recognizing the intertwining of their
    personalities with their works. It's a very well-done argument though
    on a lot of issues we are in sharp disagreement. A policy-oriented
    chapter on creating a moral rights law for Posted on Saturday, February 6, 2010 at 7:12 am
  • Feb 03

    Announcement: Federal Circuit eve ...

    Announcement: Federal Circuit event at AU
    A First Look at the 2009 Decisions of the United States Court of
    Appeals for the Federal Circuit Feb 4, 2010 6:30PM - 8:00PM ET
    Washington College of Law, American University 4801 Massachusetts Ave,
    NW - Room 603 To commemorate the 25th Anniversary of its Federal
    Circuit issue, the American University Law Review will host a panel of
    practitioners who will discuss their impressions of the Federal
    Circuit's decisions in 2009. The panelists will offer their insights
    on significant cases and jurisprudential Posted on Wednesday, February 3, 2010 at 7:05 pm
  • Feb 03

    Goodnight for Twilight unofficial ...

    Goodnight for Twilight unofficial collectors'
    guide
    Summit Entertainment, LLC v. Beckett Media, LLC, 2010 WL 147958 (C.D.
    Cal.) Summit owns copyrights and trademarks associated with Twilight
    and New Moon, the movies. Beckett sold two "fanzines" (labeled
    unofficial collectors' guides, and not corresponding to my idea of a
    fanzine, but ok) reproducing numerous images from the films, along
    with trademarks and promotional images related to the films. In
    particular, Summit alleged that the fanzines used Summit's stylized
    Twilight trademark on their covers; Posted on Wednesday, February 3, 2010 at 7:05 pm
Rank This Ths Week: 103

Philip Brooks' Patent Infringement

Philip Brooks' Patent Infringement Updates

Covers infringement litigation case news, litigation case management,
patent trolls, reverse payments, software patents and willful
infringement.

http://www.infringementupdates.com/
  • Feb 05

    Patent Trolls: Acacia is One Comp ...

    Patent Trolls: Acacia is One Company Tech
    Giants Like to Avoid
    The following is excerpted from a February 2, 2010 article by Susan J.
    Campbell, TMCnet Contributing Editor: An intense look around any
    industry is likely to turn up companies that seem to operate on a
    different level. For the technology sector, that company is Acacia
    Research. According to a recent Business Week report, this company has
    filed at least 337 patent-related lawsuits in the 18 years since its
    inception. Just what does the company make? Nothing. Acacia's business
    plan consists of acquiring Posted on Friday, February 5, 2010 at 10:34 pm
  • Feb 05

    The Flip Side of 'Reverse Payments'

    The Flip Side of 'Reverse Payments'
    The following is excerpted from an article by Steven Seidenberg in the
    February 2010 issue of the ABA Journal: For the second time in three
    years a case about "reverse payments" is before the 2nd U.S. Circuit
    Court of Appeals. And this time the New York City-based court may
    ignore its own binding precedent and do a sharp about-face on the
    issue. The last time the 2nd Circuit considered the issue, in In re
    Tamoxifen Citrate Antitrust Litigation, a three-judge panel allowed a
    maker of a patented drug to Posted on Friday, February 5, 2010 at 10:34 pm
  • Feb 05

    Woodshedding Witnesses

    Woodshedding Witnesses
    The ABA's Section of Litigation presents a live audio webcast and
    teleconference on Tuesday, February 9, 2010: This session will discuss
    how far is too far when it comes to coaching witnesses for deposition
    or trial. Some have called coaching witnesses the law's "dirty little
    secret" because everyone does it, but no one gets caught. The recent
    case of Ibarra v. Baker, which upheld sanctions against attorneys for
    their role in improperly coaching witnesses prior to depositions,
    highlights the fact that Posted on Friday, February 5, 2010 at 10:34 pm
Rank This Ths Week: 109

Patently-O

Patently-O

Covers patents, claim drafting tips, patent cases, patent legislation
and patent prosecution. By Dennis Crouch.

http://www.patentlyo.com/patent/
  • Feb 08

    Patently-O Bits and Bytes

    Patently-O Bits and Bytes
    PTO Director Kappos has two interesting recent posts on his blog:
    Reengineering the MPEP (Asking for suggestions on improving the MPEP
    and questioning whether it should be developed as a WIKI). Thanks
    Patent Team (Anecdotes from practitioners that patent examiners are
    doing a better job of suggesting amendments that lead to allowance). Posted on Monday, February 8, 2010 at 2:27 pm
  • Feb 08

    USPTO Budget Shortfall Causes: Ma ...

    USPTO Budget Shortfall Causes: Maintenance
    Fees
    A major reason for the current USPTO budget shortfall is the dropping
    rate of renewal. According to the USPTO annual reports, the
    "maintenance fees have traditionally been the largest category of
    patent fees." Renewal rates are charged in three-stages. The
    first-stage payment of $980 is due 3.5 years after issuance. The
    second-stage payment of $2,480 is due 7.5 years after issuance. And,
    the third-stage payment of $4,110 is due 11.5 years after issuance. In
    FY2009 renewal rates dropped for each stage. Most Posted on Monday, February 8, 2010 at 2:27 pm
  • Feb 08

    Patent Examiner Experience Levels ...

    Patent Examiner Experience Levels, Part II
    The graph below shows examiner experience as grouped by technology
    center as of the end of FY2009. The blue-bars represent the percent of
    examiners and SPEs that have fewer than three years experience at the
    PTO. The red-bars represent the percent of examiners and SPEs that
    have ten or more years experience at the PTO. This is a continuation
    of an earlier discussion. Posted on Monday, February 8, 2010 at 2:27 pm
Rank This Ths Week: 119

TinyTechIP

TinyTechIP

Covers emerging patent developments in the areas of
microelectromechanical systems and nanotechnology. By Blaise Mouttet.

http://tinytechip.blogspot.com/
  • Feb 08

    Memjet® - Microelectromechanical ...

    Memjet® - Microelectromechanical Inkjet
    Printing
    Several years ago I worked as a U.S. Patent Examiner in the area of
    inkjet printing technology. Most of the companies which filed patent
    applications in this area are fairly well known such as Canon,
    Hewlett-Packard, Seiko-Epson, and Xerox. However, there was one
    company called Silverbrook Research which was not well known but
    nevertheless was filing patent applications at a similar pace to these
    larger companies. One of the key features that Silverbrook was
    focusing on was using microelectromechanical Posted on Monday, February 8, 2010 at 1:49 pm
  • Feb 08

    US Patent 7656252 - MEMS resonato ...

    US Patent 7656252 - MEMS resonator with
    tapered electrode
    http://www.freepatentsonline.com/7656252.html This patent is from
    Seiko Epson and teaches a MEMS resonator less susceptible to etching
    residue and current leakage by providing a tapered contact electrode.
    Claim 1 reads: 1. A micro-electro-mechanical-system resonator,
    comprising: a substrate; a fixed electrode formed on the substrate;
    and a movable electrode, arranged facing the fixed electrode and
    driven by an electrostatic attracting force or an electrostatic
    repulsion force that acts on a gap between the Posted on Monday, February 8, 2010 at 1:49 pm
  • Feb 08

    US Patent 7657142 - Manufacture o ...

    US Patent 7657142 - Manufacture of
    nanoparticle optical fiber
    http://www.freepatentsonline.com/7657142.html Telecommunication
    systems often employ glass fibers doped with ions to amplify optical
    signals. Nanoparticles have been proposed to assist in such doping but
    have been subject to oxidation which limit their effectiveness. This
    patent from Alcatel-Lucent discloses a method to avoid such oxidation.
    Claim 1 reads: 1. A method for manufacturing an optical fiber,
    comprising: creating a preform, containing nanoparticles bearing an
    active element including at least one Posted on Monday, February 8, 2010 at 1:49 pm
Rank This Ths Week: 169

Patent Baristas

Patent Baristas

Offers bio/pharma patent news. By Stephen R. Albainy-Jenei, Karlyn
Schnapp and Nicole Tepe.

http://www.patentbaristas.com
  • Feb 05

    AwakenIP: Helping to Reignite Rec ...

    AwakenIP: Helping to Reignite Recognition of
    the Value of Intellectual Property
    Jeff Kuester, a technology attorney with Taylor | English in Atlanta,
    Georgia, has started AwakenIP, a web site devoted to intellectual
    property law. As noted on the site: This website is an attempt to help
    reignite broader recognition of the full value of intellectual
    property. Much criticism has been levied against the usefulness of
    intellectual property and its place in our new economy, but there are
    those among us who continue to recognize the wisdom of maintaining
    strong intellectual property Posted on Friday, February 5, 2010 at 10:30 pm
  • Feb 03

    Changes in the Implementing Rules ...

    Changes in the Implementing Rules of the
    European Patent Convention (EPC)
    The Administrative Council of the EPO decided, in March 2009, to make
    significant changes to the Implementing Rules of the European Patent
    Convention (EPC). These changes will enter into force on April 1, 2010
    and will have a significant impact on the grant procedure before the
    EPO. Introduction of a new time limit for filing divisional
    applications Up until now, a divisional application could be filed
    relating to any pending earlier European patent application at any
    stage of the grant procedure of this Posted on Wednesday, February 3, 2010 at 7:43 am
  • Jan 31

    Prosecution Laches and Inequitabl ...

    Prosecution Laches and Inequitable Conduct:
    Cancer Research Tech. v Barr Labs.
    A fellow patent attorney (who wishes to remain anonymous) called my
    attention to a recent decision issued by Judge Sue L. Robinson of the
    Delaware District Court. Cancer Research Technology et al. v Barr
    Laboratories et al., D-Del, Civ. No. 07-457-SLR, January 26, 2010.
    Download CRT v Barr. I'm not a district court decision junkie: since
    most patent cases revolve, at least in part, around claim
    construction, and since under Cybor the Federal Circuit reviews claim
    construction de novo, I tend to ignore many Posted on Sunday, January 31, 2010 at 5:19 am
Rank This Ths Week: 177

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases.
Published by attorney R. David Donoghue.

http://www.chicagoiplitigation.com/
  • Feb 08

    Court Proposes Dismissing Declara ...

    Court Proposes Dismissing Declaratory
    Judgment Counterclaims as Duplicative of
    Plaintiff's Patent Claims
    Continental Datalabel, Inc. v. Avery Dennison Corp., No. 09 C 5980,
    Slip. Op. (N.D. Ill. Dec. 9, 2009 (Shadur, Sen. J.). Judge Shadur
    ordered the parties to be prepared to discuss at a status conference
    why defendants' respective noninfringement and invalidity declaratory
    judgment counterclaims should not be stricken as duplicative of
    plaintiff's patent infringement claims. * Click here for more on this
    case in the Blog's archives. Posted on Monday, February 8, 2010 at 9:02 pm
  • Feb 06

    Chicago IP Colloquium: District C ...

    Chicago IP Colloquium: District Courts as
    Patent Laboratories
    The annual Chicago IP Colloquium continues this Tuesday, February 9,
    2010. The Chicago IP Colloquium is jointly sponsored by Chicago-Kent
    College of Law and Loyola University Chicago School of Law to discuss
    a range of issues in intellectual property and cyberspace law based
    upon papers by six nationally renowned intellectual property scholars.
    The sessions are uniformly excellent, and well worth your time. The
    next session will be Tuesday, February 9 from 4:10 pm to 5:50 pm at
    Loyola and will feature Posted on Saturday, February 6, 2010 at 11:24 am
  • Feb 03

    No Reverse Confusion Because of D ...

    No Reverse Confusion Because of Dissimilar
    Trademarks
    World Wide Sales, Inc. v. Church & Dwight Co., Inc., No. 08 C
    1198, Slip Op. (N.D. Ill. Nov. 9, 2009) (Kennelly, J.). Judge Kennelly
    granted defendant Church & Dwight ("CD") summary judgment on each
    of plaintiff World Wide Sales' ("WWS") claims for trademark
    infringement, Lanham Act unfair competition and fraud on the Patent
    and Trademark office. WWS claimed that CD infringed and unfairly
    competed with WWS's Forever Fresh for the Fridge trademark, used with
    a refrigerator odor elimination product, Posted on Wednesday, February 3, 2010 at 11:31 pm
Rank This Ths Week: 179

Seattle Trademark Lawyer

Seattle Trademark Lawyer

Covers trademark law developments from Seattle and beyond. By Michael
Atkins.

http://seattletrademarklawyer.com/blog/
  • Feb 08

    Ninth Circuit Affirms Injunction ...

    Ninth Circuit Affirms Injunction Against Use
    of Designer's Name as Trademark
    Ninth Circuit affirms injunction against Kira Plastinina in light of
    plaintiff's KIRRA registered trademarks Clothier Pacific Sunwear of
    California, Inc., owns the registered KIRRA family of trademarks.
    Competing clothier Kira Plastinina Style, Ltd., owns the KIRA
    PLASTININA trademark. In 2008, Pacific Sunwear sued Kira Plastinina
    for trademark infringement. Last year, the Central District of
    California found that Pacific Sunwear was likely to succeed on the
    merits of its claim and granted a preliminary Posted on Monday, February 8, 2010 at 6:53 pm
  • Feb 06

    Western District Denies Contempt ...

    Western District Denies Contempt Motion in
    "Hendrix Electric" Vodka Case
    The Experience Hendrix, LLC v. Electric Hendrix, LLC "Hendrix
    Electric" vodka case is over. Mostly. Plaintiffs now seek to collect
    their judgment against defendants, including Craig Dieffenbach.
    Plaintiffs recently complained that Mr. Dieffenbach was not
    forthcoming during supplemental proceedings. Indeed, they moved for an
    order of contempt, arguing that defendants' "evasive and incomplete
    responses" to plaintiffs' discovery efforts have "frustrated" their
    ability to determine if defendants have concealed Posted on Saturday, February 6, 2010 at 9:11 am
  • Feb 03

    Ninth Circuit Affirms Denial of E ...

    Ninth Circuit Affirms Denial of E!
    Entertainment's Injunction Motion
    Not "identical, or nearly identical": Plaintiff's logo (left) and
    defendants' logo Last year, E! Entertainment Television, Inc., sued
    Entertainment One GP Limited, d/b/a E1 Entertainment, and four related
    entities in the Central District of California for trademark
    infringement. E! Entertainment operates television networks and owns a
    number of "E!" design marks. The Entertainment One defendants
    distribute third-party CDs and DVDs; operate a record label; and own
    and distribute niche and direct-to-video Posted on Wednesday, February 3, 2010 at 9:21 pm
Rank This Ths Week: 189

Furd Log

Furd Log

Covers intellectual property, technology, culture and policy. By Frank
Field.

http://msl1.mit.edu/furdlog
  • Feb 03

    EU and Google on Collision Course?

    EU and Google on Collision Course?
    Europe Looms as Major Battleground for Google [pdf] Google has a
    problem in China. Is it headed for a bigger one in Europe? So far, no
    one has accused European governments of cyberattacks like those that
    Google says it has suffered in China. But on issues ranging from
    privacy to copyright protection to the dominance of Google's Internet
    search engine, clashes with European lawmakers, regulators and
    consumer advocates are escalating. The stakes are high - potentially
    higher for Google and its shareholders Posted on Wednesday, February 3, 2010 at 10:40 pm
  • Feb 03

    Lessig on © and Culture

    Lessig on © and Culture
    And Google…. For The Love Of Culture [pdf] So notice, then, how
    different our access to books is from our access to documentary films.
    After a limited time, almost all published books (but not all: put
    aside picture books, poetry, and, for reasons that will become
    obvious, an increasing range of relatively modern work) can be
    republished and redistributed. No heir of a long-dead author will stop
    us from accessing her published work (or at least the heart of it-some
    would say that the cover, the foreword, Posted on Wednesday, February 3, 2010 at 10:40 pm
  • Jan 25

    Really?

    Really?
    Swedish Music Fans Start to Steer Clear of Pirates (pdf) Sweden, long
    considered one of the world's most welcoming havens for digital
    piracy, is now showing signs of turning back toward legal, licensed
    music, both online and in stores. Music sales in Sweden rose 10.2
    percent last year, according to the recording companies' international
    trade group, even as they fell by nearly 10 percent worldwide,
    continuing a nearly decade-long downward spiral. Industry executives
    credit a combination of incentives for Posted on Monday, January 25, 2010 at 9:31 am
Rank This Ths Week: 190

Eastern District of Texas Federal

Eastern District of Texas Federal Court
Practice

Devoted to practice in the U.S. District Court for the Eastern
District of Texas, with special emphasis on patent litigation. By
Michael C. Smith.

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Feb 09

    Papers and Seminars: What Is It A ...

    Papers and Seminars: What Is It About Patent
    Venue...?
    It has already been a busy year on the speaking front, even with a
    busy trial schedule as local counsel in federal court here in Marshall
    and Tyler - we picked a jury in a patent case which resulted in a
    defense JMOL last month and picked another jury last Monday for a
    trial starting on the 17th - both Marshall cases in Judge Ward's
    court. Thankfully two other February patent cases - one before Judge
    Ward and one before Judge Davis - have been moved to April (with the
    one previously before Judge Ward Posted on Tuesday, February 9, 2010 at 7:15 am
  • Feb 04

    Plaintiff's verdict in Texarkana ...

    Plaintiff's verdict in Texarkana patent case
    After two defense wins earlier in the month January ended a little
    brighter for patent plaintiffs, with a Texarkana jury in Judge David
    Folsom's court returning a verdict of infringement in Ion v. Sercel,
    5:06cv236. The jury found yes on literal and doctrine of equivalents,
    no on obviousness and best mode defenses, and set damages at
    $25,155,645 in lost profits damages (but none on reasonable royalty). Posted on Thursday, February 4, 2010 at 7:12 am
  • Jan 29

    Marshall Jury Finds for Defendant ...

    Marshall Jury Finds for Defendant Google - No
    Infringement and Patents Invalid
    Today a Marshall jury in Judge Everingham's court in Function Media v.
    Google, 2:07cv279, found that defendant Google's AdSense products did
    not infringe the nine asserted claims of Function Media's two patents.
    The jury further found that Google had shown by clear and convincing
    evidence that all of the asserted claims of both patents were invalid
    as both obvious and as anticipated. That's a good start to the year
    for patent defendants in the Eastern District - a JMOL at the close of
    the plaintiff's case Posted on Friday, January 29, 2010 at 12:50 am
Rank This Ths Week: 212

Two-Seventy-One Patent Blog

Two-Seventy-One Patent Blog

Provides insight and analysis on patent law, patent portfolio
management and patent litigation in the fields of electronics,
software and computers. By Peter Zura.

http://271patent.blogspot.com/
  • Feb 08

    WIPO Reports 4.5% Drop in PCT Fil ...

    WIPO Reports 4.5% Drop in PCT Filings For
    2009
    WIPO reported today that, despite the economic turmoil in 2009, PCT
    applications experienced a mere 4.5% drop for the year - provisional
    data indicates that 155,900 applications were filed in 2009 as
    compared to the nearly 164,000 applications filed in 2008. The U.S.
    continues to be a top user of PCT applications, filing just under a
    third of all international applications in 2009. The top 10 filers
    include: (1) United States -- 45,790 applications (2) Japan -- 29,827
    applications (3) Germany -- 16,736 Posted on Monday, February 8, 2010 at 1:40 pm
  • Feb 03

    Here Comes the Hike: 15% Increase ...

    Here Comes the Hike: 15% Increase in Fees
    Proposed by USPTO
    From the Wall Street Jornal: Inventors and companies would face a new
    15% surcharge on patent fees under the Obama administration's proposed
    budget, with the funds going to help the U.S. Patent and Trademark
    Office to "improve the speed and quality of patent examinations." The
    head of the patent office floated the surcharge proposal late last
    year. The proposal would require congressional approval. The funds
    would allow the administration to hire more examiners and upgrade
    technology under the Patent and Posted on Wednesday, February 3, 2010 at 10:37 am
  • Feb 03

    D. Del: Only Pre-Litigation Condu ...

    D. Del: Only Pre-Litigation Conduct Admitted
    for Willfulness, Despite Prliminary
    Injunction and CAFC Affirmance
    Cordis Corporation v. Boston Scientific, et al., 1-03-cv-00027 (DED
    January 28, 2010, Memorandum Order) In the litigation, the court made
    a preliminary finding of infringement against defendants, which was
    affirmed on appeal. The accused devices were not taken off the market,
    however, and the case proceeded to trial based on the court's finding,
    upon a more developed record, that genuine issues of material fact
    precluded entry of a summary judgment as to infringement. A jury
    ultimately determined that Posted on Wednesday, February 3, 2010 at 10:37 am
Rank This Ths Week: 213

Scrivener's Error

Scrivener's Error

Provides legal commentary on intellectual property and publishing from
an author's perspective. By C.E. Petit.

http://scrivenerserror.blogspot.com/
  • Feb 08

    The Disintermediation Tango

    The Disintermediation Tango
    This is going to get rather convoluted — even for me, even for Monday
    morning — so consider yourself warned. Anybody left? (Around here,
    that probably means "everybody is leftist," as my few conservative
    readers tend to ignore anything I say is complicated...) These musings
    are incomplete, at least as of yet; it's hard to have complete musings
    when events are still evolving. In any event, the Posted on Monday, February 8, 2010 at 10:35 am
  • Feb 06

    Google Book Search Settlement

    Google Book Search Settlement
    Update: DOJ Not Satisfied With the Amended Settlement The Settlement
    (in essay form)The Lawsuit (in essay form) The Department of Justice
    has filed an objection to the Amended Settlement (Doc. 922, 04 Feb
    2010). Before jumping into that objection, I'd like to reemphasize
    something that it is not: The opinion of the Register of Copyright.
    Her objections on substantive copyright grounds — not Posted on Saturday, February 6, 2010 at 12:30 am
  • Feb 03

    GBS Musings

    GBS Musings
    Tangent: AmazonFail (version 3.21) The Settlement (in essay form)The
    Lawsuit (in essay form) Depending on how one counts, this is either
    the second or third major AmazonFail arising from egotistical — and
    ultimately stupid and self-defeating — mass delistings of material by
    Amazon. A pox on all their houses; although Amazon bears the most
    blame for this, Macmillan is hardly blame-free. Let's get Posted on Wednesday, February 3, 2010 at 10:26 am
Rank This Ths Week: 221

Filewrapper.com

Filewrapper.com

Features news and commentary on intellectual property law. By McKee,
Voorhees & Sease.

http://www.filewrapper.com/index.cfm
  • Dec 15

    If there are no sources of proof ...

    If there are no sources of proof in the
    Eastern District of Texas, expect to be
    transferred
    After the Fifth Circuit's Volkswagen and the Federal Circuit's TS Tech
    decisions, potential patent plaintiffs should be getting the message:
    Don't file in the Eastern District of Texas unless there are actually
    some sources of proof there. The Federal Circuit has again granted
    mandamus ordering the district court to transfer another case out of
    the district. In this case, there were no witnesses within the court's
    subpoena power. The allegedly infringing product was designed,
    manufactured, and tested Posted on Tuesday, December 15, 2009 at 9:23 am
  • Dec 14

    Are patent holding companies subj ...

    Are patent holding companies subject to
    different DJ jurisdiction standards than
    others?
    According to the Federal Circuit, the answer to this question appears
    to be "yes." The court reversed a district court's dismissal of a
    declaratory judgment action against a patent holding company (or
    non-practicing entity (NPE), sometimes pejoratively referred to as a
    patent troll). The DJ action was predicated on three letters, the
    first from the NPE to the DJ plaintiff, the second in reply, and the
    third from the NPE in reply to the second. The court held there was a
    sufficient "implied assertion of its Posted on Monday, December 14, 2009 at 12:47 pm
  • Dec 14

    Common sense held sufficient to i ...

    Common sense held sufficient to invalidate
    claims as obvious on summary judgment
    If anyone needed further proof that patents are more easily held
    obvious after KSR, look no further. The Federal Circuit held that a
    patent directed to a method of email marketing with improved
    efficiency was obvious based on the "common sense" of one in the art.
    The claimed method had four steps, the fourth of which was (as
    described by the court) repeating the first three steps until a
    minimum threshold of emails were successfully received. It was
    undisputed that the first three steps were known in the Posted on Monday, December 14, 2009 at 6:23 am
Rank This Ths Week: 251

I/P Updates

I/P Updates

Offers news and information for intellectual property practitioners.
By William F. Heinze.

http://ip-updates.blogspot.com/
  • Dec 23

    USPTO Rules on Special Status Pet ...

    USPTO Rules on Special Status Petitions for
    Green Technology Patent Applications
    In a Federal Register notice published and effective on December 8,
    2009, the U.S. Patent and Trademark Office announced rules for
    implementing its previously-announced pilot program in which an
    applicant may petition to have an application involving green
    technologies advanced out of turn without meeting all of the
    requirements of the existing accelerated examination program such as
    examination support documents. The Green Technology Pilot Program will
    run for twelve months from its effective date. The Posted on Wednesday, December 23, 2009 at 12:27 am
  • Oct 19

    USPTO Expands and "Enhances" Firs ...

    USPTO Expands and "Enhances" First Action
    Interview Pilot Program
    Effective October 1, 2009, the United States Patent and Trademark
    Office (USPTO) is expanding and "enhancing" the original First Action
    Interview Pilot Program which ended on June 28, 2009. Under the
    Enhanced First Action Interview Pilot Program ending April 1, 2010,
    the examiner will conduct a prior art search and provide the applicant
    a pre-interview communication, which is a condensed preview of
    objections or rejections proposed against the claims. Within 30 days
    from the issue date of the pre-interview Posted on Monday, October 19, 2009 at 3:34 am
  • Oct 12

    FTC Revises Guides Governing Endo ...

    FTC Revises Guides Governing Endorsements and
    Testimonials
    The Federal Trade Commission has issued revisions to its Guides
    Concerning the Use of Endorsements and Testimonials, which will take
    effect on December 1, 2009 under16 C.F.R. Part 255: Guides Concerning
    the Use of Endorsements and Testimonials in Advertising: Notice
    Announcing Adoption of Revised Guides Posted on Monday, October 12, 2009 at 10:51 pm
Rank This Ths Week: 253

The University of Chicago Law School

The University of Chicago Law School Faculty
Blog

Covers constitutional law, copyright/technology, corporate law,
criminal law, free speech, genetic testing, international law,
national security and more.

http://uchicagolaw.typepad.com/faculty/
  • Feb 08

    Student Blogger - Law and Econ Wo ...

    Student Blogger - Law and Econ Workshop:
    Racial/Political Biases in Bankruptcy?
    Last week, Professor Paige Marta Skiba of Vanderbilt Law School
    presented her paper, titled, "Race, Gender, and Political Ideology in
    Personal Bankruptcy Outcomes," to the Law and Economics Workshop here
    at Chicago (the most recent draft is available at
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1548473). What It's
    About The study collected 9,526 bankruptcy petitions across the United
    States, comparing dismissal rates based on gender, race, and the
    probable political allegiances of the judge and Posted on Monday, February 8, 2010 at 2:30 pm
  • Feb 06

    Student Blogger - Winter WIP: Mal ...

    Student Blogger - Winter WIP: Malani Asks if
    We Can Select Beliefs Without Evidence
    Most (not all) models of human preferences are rather agnostic about
    the process by which we form beliefs about the world. And on the
    occasion that scholars do think about the subject, they general posit
    that people change their beliefs based on the acquirement of new
    information. But this can't be right -- or at least, not always.
    First, people have to at some point form a set of priors, which
    necessarily occurs mostly devoid of factually inquiry. Second, people
    do seem to form beliefs about certain Posted on Saturday, February 6, 2010 at 4:32 am
  • Feb 06

    Moving Forward in Google Book Search

    Moving Forward in Google Book Search
    Yesterday, the Department of Justice filed its second statement of
    interest in the pending Google Book Search (GBS) case. We now have a
    full slate of second-round filings as we head towards the fairness
    hearing set for a New York federal court on February 18, 2010. Where
    do we stand? To recap very quickly, Google launched GBS with one core
    thought: all books available everywhere instantly. To try to come even
    close to that, Google entered into partnerships with leading libraries
    to gain access to their Posted on Saturday, February 6, 2010 at 4:32 am
Rank This Ths Week: 256

Lessig Blog

Lessig Blog

Covers copyright, creative commons, politics, telecom, good/bad code
and good/bad laws. By Stanford University Law Professor Lawrence
Lessig.

http://lessig.org/blog/
  • Aug 20

    Announcing the hibernation of les ...

    Announcing the hibernation of lessig.org/blog
    (from the blogs-deserve-a-sabbatical-too
    department)
    So my blog turns seven today. On August 20, 2002, while hiding north
    of San Francisco working on the Eldred appeal, I penned my first
    (wildly and embarrassingly defensive) missive to Dave. Some 1753
    entries later, I'm letting the blog rest. This will be the last post
    in this frame. Who knows what the future will bring, but in the near
    term, it won't bring more in lessig.org/blog. The reasons are many.
    First, as I peer over the abyss of child number 3 (expected in a
    couple weeks), I can't begin to imagine Posted on Thursday, August 20, 2009 at 3:15 am
  • Aug 20

    Remix supporting a Medieval world ...

    Remix supporting a Medieval world (as critics
    have insisted)
    Five-year old Felix's mom, Kierstin, sent me this image a bit ago. "I
    thought you would get a laugh out of these photos where your Remix
    became a crucial supporting wall for a Medieval Castle, manned by
    Playmobile guards and a plastic dinosaur." Indeed. Posted on Thursday, August 20, 2009 at 3:09 am
  • Aug 20

    REMIX unmixed

    REMIX unmixed
    Dave Wiley has an interesting idea he calls unmixing (in contrast to
    remixing), which he demonstrates with the first bit of REMIX.
    Basically, using Yahoo's BOSS, he reassociates every three words to
    another text on the web. Give it a look. (I think I'd call it
    re-remixing). Posted on Thursday, August 20, 2009 at 3:06 am
Rank This Ths Week: 258

The Patry Copyright Blog

The Patry Copyright Blog

By William Patry, Senior Copyright Counsel at Google Inc.

http://williampatry.blogspot.com/
  • Aug 06

    My new blog

    My new blog
    I launched a new blog today, called Moral Panics and the Copyright
    Wars. Here's the link. The blog is based on a book I just published of
    the same title, available here and here. Posted on Thursday, August 6, 2009 at 7:34 pm
  • Jul 18

    Rocky Mountain Ratings

    Rocky Mountain Ratings
    A recent decision by a district court in Colorado, Health Grades,
    Inc., v. Robert Wood Johnson University Hospital, Inc. (HT to Eric
    Goldman and Mike Masnick at Techdirt) raises once again courts'
    confusion over foundational holdings by the Supreme Court in its 1991
    Feist compilation opinion, confusion that has resulted in
    inappropriate extension of copyright to facts, prices, and ratings. In
    the Colorado case, the opinion was on a Rule 12(b)(6) motion to
    dismiss, meaning that there has been no decision on Posted on Saturday, July 18, 2009 at 11:41 am
  • Jun 08

    My "new" fair use book

    My "new" fair use book
    West Publishing just put out a "new" treatise of mine on fair use in
    copyright. Here is a link to buy it ($200, free shipping!). "New" is
    in quotes because the book goes back to 1985, when BNA published the
    first edition. The book got off to a good start: the week after it was
    published the Supreme Court cited it in its Harper & Row,
    Publishers v. Nation Enterprises opinion, the case about the Nation
    magazine's unauthorized publication of excerpts from former President
    Gerald Ford's memoirs before those Posted on Monday, June 8, 2009 at 7:40 am
Rank This Ths Week: 268

Technology & Marketing Law Blog

Technology & Marketing Law Blog

Covers Internet, technology and online marketing legal issues.
Published by Santa Clara University School of Law Professor Eric
Goldman.

http://blog.ericgoldman.org/
  • Feb 04

    FTC Privacy Roundtable Recap

    FTC Privacy Roundtable Recap
    By Eric Goldman [Introductory note: I have repeatedly criticized the
    FTC on this blog, and this post may implicitly criticize them as well.
    At the same time, I want to share a couple of compliments for the FTC.
    First, the FTC did a terrific job preparing for this event. For the
    panel I participated on, we had two official group organizing calls,
    plus I had at least 3 individual calls as well. I can't recall another
    event which had more pre-event preparation efforts. Second, I remain
    consistently impressed Posted on Thursday, February 4, 2010 at 7:47 pm
  • Feb 01

    January 2010 Quick Links

    January 2010 Quick Links
    By Eric Goldman Copyright * An English translation of Google's
    December loss in France on a Google Book Search lawsuit. * Ed Felten
    reports on a survey of files available via BitTorrent. Acknowledging
    some methodological limits, he estimates ~99% were likely copyright
    infringing. * Elsevier B.V. v. UnitedHealth Group, Inc., 2010 WL
    150167 (S.D.N.Y. Jan 14, 2010). Denying copyright statutory damages
    and attorneys' fees to unregistered foreign works is constitutional
    because the Berne Convention (which Posted on Monday, February 1, 2010 at 11:23 pm
  • Feb 01

    Google Street View Lawsuit Revive ...

    Google Street View Lawsuit Revived, But Only
    on Trespass Grounds--Boring v. Google
    By Eric Goldman Boring v. Google Inc., 2010 WL 318281 (3rd Cir. Jan.
    28, 2010). You may recall the book project A Day in the Life of
    America [Amazon affiliates link], which published what 200
    photojournalists saw on May 2, 1986. The book provided a great
    snapshot of Americana, both sensational and banal. As a dataset,
    Google's Street View reminds me a lot of that book. The Google camera
    cars automatically capture whatever they see, which in some cases can
    lead to unintentionally amusing results. See, for Posted on Monday, February 1, 2010 at 11:23 pm
Rank This Ths Week: 273

Likelihood of Confusion

Likelihood of Confusion

Covers developments in trademark, copyright, new media and free
speech. By Ron Coleman.

http://www.likelihoodofconfusion.com
  • Feb 08

    New Niche for the Numb of New York

    New Niche for the Numb of New York
    Originally posted 2006-01-03 13:05:07. Republished by Old Post
    PromoterJeff Jarvis reports that a new demographic has been
    discovered: I had to laugh at this quote from an entertainment exec in
    Saul Hansell's NY Times story about Starz offering movies for
    download. "We see a market out there of people who are saying, 'I want
    to [...] Posted on Monday, February 8, 2010 at 10:20 am
  • Feb 08

    Geekzone: "Things Are Looking Good"

    Geekzone: "Things Are Looking Good"
    Originally posted 2005-03-18 16:51:00. Republished by Old Post
    PromoterSays here that GEEKZONE is now a registered trademark in New
    Zealand. No word whether MIT (or any fellow travelers) entered an
    opposition to the registration due to its own prior and well known use
    of the term "geek." Geekzone: "Things Are Looking Good" ©, . Posted on Monday, February 8, 2010 at 10:20 am
  • Feb 06

    The hammer drops

    The hammer drops
    Originally posted 2006-07-19 19:54:53. Republished by Old Post
    Promoter The end is near for Leo Stoller. UPDATE: Now it's getting
    really silly! The hammer drops ©, . Posted on Saturday, February 6, 2010 at 12:16 am
Rank This Ths Week: 289

Trade Secrets Blog

Trade Secrets Blog

Covers trade secrets and trade legislation with a focus on the
Southeastern states. Published by Press Millen and Todd Sullivan of
Womble Carlyle.

http://wombletradesecrets.blogspot.com/
  • Feb 08

    Liberty Mutual Sues Nine Departed ...

    Liberty Mutual Sues Nine Departed Employees
    and Their New Employer for Trade Secret Theft
    The online magazine, Insurance Journal, is reporting that Liberty
    Mutual Insurance is suing nine former employees and their new
    employer, Bermuda-based Aspen Insurance Holdings, alleging they have
    plotted to steal professional liability insurance business from its
    Liberty International Underwriters unit. The suit, filed Feb. 1 in New
    York County Supreme Court, says the workers and Aspen "unlawfully
    conspired (and continue to conspire) to breach duties of loyalty to
    Liberty, raid Liberty's business Posted on Monday, February 8, 2010 at 6:19 pm
  • Feb 06

    Bristol-Myers-Squibb Employee Cha ...

    Bristol-Myers-Squibb Employee Charged with
    Extensive Trade Secret Theft
    ABC News is reporting that Shalin Jhaveri, 29, of Syracuse, was
    charged in U.S. District Court with stealing trade secrets and
    proprietary information from the New York-based company while taking
    part in a management training program. He was fired Tuesday. Employed
    on an immigrant worker's visa, Jhaveri had been a technical operations
    associate at Bristol since November 2007. If convicted, he could be
    sentenced to up to 10 years in prison and a $250,000 fine. The thefts
    of "hundreds of the company's Posted on Saturday, February 6, 2010 at 8:37 am
  • Feb 06

    Korean Authorities Arrest Many in ...

    Korean Authorities Arrest Many in Alleged
    Theft and Transfer of Samsung's Trade Secrets
    to Hynix
    The Wall Street Journal is reporting that the world's top producers of
    computer memory chips are embroiled in an alleged case of industrial
    espionage after South Korean prosecutors indicted 18 people over
    alleged technology theft. Prosecutors said Thursday those involved -
    including employees of U.S. company Allied Materials and its South
    Korean unit - are suspected of leaking semiconductor technology
    belonging to South Korea's Samsung Electronics Co. to its domestic
    rival Hynix Semiconductor Inc. Samsung Posted on Saturday, February 6, 2010 at 8:37 am
Rank This Ths Week: 308

IP Dragon

IP Dragon

Covers intellectual property in China.

http://ipdragon.blogspot.com/
  • Feb 06

    How To Acquire IP in China? Alan ...

    How To Acquire IP in China? Alan Adcock Gives
    The Steps
    Alan Adcock, deputy director of Thai law firm Tilleke & Gibbins,
    has worked before for Lovells and Rouse & Co. International in
    both Shanghai and Hong Kong, wrote the article: '5 Essential Steps to
    Acquiring IP in China'. 1. Identifying the technology; 2. Confirming
    ownership; 3. Assuring non-infringement; 4. Obtaining further
    assurances; 5. Government approval. Read Mr Adock's article here. Posted on Saturday, February 6, 2010 at 3:59 am
  • Feb 06

    Chinese Acceptance Of and Resista ...

    Chinese Acceptance Of and Resistance Against
    Global Copyright Law
    Jia Lu, affiliated with Tsinghua University and Ian Weber, affiliated
    with University of Southern Queensland, Australia wrote an interesting
    paper called: 'Internet Piracy Software in China: A User Analysis of
    Resistance to Global Software Copyright Enforcement'. Jia Lu and Ian
    Weber try to find reasons for why the Chinese accepted global
    copyright law, but also resist it at the same time. "The study uses
    Mittelman and Chin's (2005) framework of Polanyi's (1957)
    counter-hegemony and Gramsci's (1971) Posted on Saturday, February 6, 2010 at 3:59 am
  • Feb 03

    Safe Your Logo: Make Dragons More ...

    Safe Your Logo: Make Dragons More Vital
    Message from IP Dragon Duncan Bucknell of Duncan Bucknell Company
    wrote on his IP Think Tank Blog, see here, about an initiative that
    invites companies that use a certain animal in their logo to make a
    contribution that that animal does not become extinct. This makes
    sense. The love should come from two sides, not only from the animal
    to the company. Of course, IP Dragon is taking heed. To conserve the
    dragons in China, Hong Kong, Macao and Singapore, and given their
    special characteristics, I will put them Posted on Wednesday, February 3, 2010 at 2:38 pm
Rank This Ths Week: 316

The Journal of the Business Law

The Journal of the Business Law Society

Covers recent developments affecting business law . By the students of
the University of Illinois College of Law.

http://www.law.uiuc.edu/bljournal/
  • Feb 04

    Illinois Business Law Journal Ina ...

    Illinois Business Law Journal Inaugural Issue
    The Illinois Business Law Journal is proud to share our inaugural
    issue. This publication of the University of Illinois College of Law
    acknowledges the work of our student body. This issue has compiled
    writings from relevant areas of law related to business. We hope to
    bring you a new edition of the Illinois Business Law Journal this
    spring. Please click on the link below to access the Issue: The
    Illinois Business Law Journal Fall 2009 Issue 1.pdf (468.23 kb) Posted on Thursday, February 4, 2010 at 4:46 am
  • Dec 23

    Comcast and NBC Universal: The Im ...

    Comcast and NBC Universal: The Implications
    of Big Media Mergers in an Increasingly
    Smaller World
    I. Introduction Comcast's proposed takeover of NBC Universal is
    expected to completely restructure the entertainment industry's
    landscape. Analysts, investors, and public interest groups alike have
    responded strongly to the anticipated agreement, which is expected to
    be finalized imminently. The merger of the largest American cable
    company with one of the largest entertainment enterprises in the world
    would give the combined entity control over approximately one out of
    every five viewing hours in the United Posted on Wednesday, December 23, 2009 at 3:29 pm
  • Dec 23

    2008/9 Financial Crisis: A Lot to ...

    2008/9 Financial Crisis: A Lot to Learn On
    Bailouts and Too Big To Fail Companies In
    Order To Draft New Regulation
    I. Introduction Some basic financial concepts and the facts
    surrounding the 2008/9 economic crisis constitute the first stage of
    this article. The analysis of certain characteristics and effects of
    the Bailouts and of having Too Big To Fail Companies in the market is
    what follows. Finally, I will go into different opinions and
    strategies addressing main issues that are a challenge for the
    regulation to be enacted in order to prevent these kind crises and
    deal with the legacy of the bailouts. What to do with Posted on Wednesday, December 23, 2009 at 3:29 pm
Rank This Ths Week: 337

IPWatchdog.com | Patent Copyright

IPWatchdog.com | Patent Copyright Trademark

Covers patents, copyrights, trademarks, trade secrets and Internet
issues. By Gene Quinn.

http://www.ipwatchdog.com
  • Feb 07

    Copyrights Meet Politics: Joe Wal ...

    Copyrights Meet Politics: Joe Walsh
    (Rockstar) v. Joe Walsh (Republican)
    Anyone who has spent any time at a political rally or watching video
    from such a rally on the evening news understands that music and
    politics go together. Sometimes they mix well, for example when Bruce
    Springsteen is playing live for INSERT LIBERAL DEMOCRAT HERE, and
    sometimes they do not mix very well, almost like [...] Posted on Sunday, February 7, 2010 at 1:55 pm
  • Feb 07

    Biggest Problem Facing College Sp ...

    Biggest Problem Facing College Sports: Not
    BCS, It's Video Games
    In May 5, 2009, Sam Keller, a former quarterback at Arizona State and
    Nebraska University, filed a complaint against Electronic Arts (EA
    Sports), the National Collegiate Athletic Association (NCAA), and the
    Collegiate Licensing Company (CLC) for using his likeness. Keller is
    bringing a class-action lawsuit on behalf of all NCAA athletes for the
    "blatant and [...] Posted on Sunday, February 7, 2010 at 1:55 pm
  • Feb 07

    Judge Pauline Newman Headlines Al ...

    Judge Pauline Newman Headlines All-Star PLI
    Program
    Yes, a message from the shameless commerce division no doubt, but
    there are a handful of excellent PLI patent related programs coming up
    in February and March that deserve a mention. After all, how often can
    one attend a program, get CLE credits and meet Federal Circuit Judge
    Pauline Newman? Not all that often to [...] Posted on Sunday, February 7, 2010 at 1:55 pm
Rank This Ths Week: 353

Counterfeit Chic

Counterfeit Chic

Covers counterfeits and copycats in the fashion industry. By Susan
Scafidi.

http://www.counterfeitchic.com/
  • Apr 26

    Uniformly Detested, But Legal

    Uniformly Detested, But Legal
    In today's New York Times, the Ethicist takes on the question of
    whether it is OK to charge employees for their "invariably ugly"
    uniforms. Unfortunately, his analysis goes a bit too far and gets the
    law wrong. While Counterfeit Chic won't quibble with the conclusion
    that requiring workers to pay for hideous hats and horrible polyester
    shorts adds insult to injury, it is nevertheless usually legal. Under
    the federal regulations implementing the Fair Labor Standards Act,
    employers may require employees to Posted on Sunday, April 26, 2009 at 5:24 pm
  • Apr 24

    DVF Does the Right Thing

    DVF Does the Right Thing
    For hardcore fashion pirates, copying is just a business method --
    where the law lets them get away with it. But what happens when an
    otherwise creative designer finds that she's inadvertently plagiarized
    a little-known label? CFDA President and designer extraordinaire Diane
    von Furstenberg was "horrified" to learn this morning that her "Zaria"
    jacket for spring 2009 (right) bears a strong resemblance to a spring
    2008 look from the indie Canadian label Mercy (left) -- and she lost
    no time in taking action. Posted on Friday, April 24, 2009 at 10:50 am
  • Apr 23

    Battle of the Baggy Pants, Part 2

    Battle of the Baggy Pants, Part 2
    After a judge found a Florida town's ban on underwear-revealing saggy
    pants unconstitutional as applied, opponents of the law vowed to
    overturn the ordinance entirely on 14th Amendment grounds. Yesterday,
    a judge agreed -- and Riviera Beach's residents are now free to droop
    trou. (OK, go ahead and groan.) For a discussion of the earlier case
    -- and its cultural subtext -- click here. Posted on Thursday, April 23, 2009 at 10:47 am
Rank This Ths Week: 363

PlagiarismToday

PlagiarismToday

Covers content theft, plagiarism, and copyright issues on the Web. By
Jonathan Bailey.

http://www.plagiarismtoday.com
  • Feb 07

    3 Count: The Boss

    3 Count: The Boss
    Have any suggestions for the 3 Count? Let me know via Twitter
    @plagiarismtoday. 1: Justice Dept to Google Books: Close, But No Cigar
    First off today the Department of Justice has finally made its opinion
    of the revised Google Book Search settlement known and, though it
    found a lot of improvements in the revised deal, it still expressed
    grave concerns, especially that the settlement goes far beyond the
    scope of resolving past actions. This casts the revised settlement
    into doubt and makes the future of this Posted on Sunday, February 7, 2010 at 2:02 am
  • Feb 07

    Copyright 2.0 Show - Episode 139

    Copyright 2.0 Show - Episode 139
    It is Monday Friday again and that means that it is time for another
    episode of the Copyright 2.0 Show. That's right, for this week, and
    likely from here on out, the show will be going up on Friday rather
    than Monday. With the new recording time, Wednesdays at 6:00 PM ET,
    which you can now watch live on UStream, I felt it was important to
    get the podcast up earlier so the news would be more relevant. On that
    note, it was something of a slow week for copyright news but there was
    still some big updates to be Posted on Sunday, February 7, 2010 at 2:02 am
  • Feb 04

    3 Count: Big Screen

    3 Count: Big Screen
    Have any suggestions for the 3 Count? Let me know via Twitter
    @plagiarismtoday. 1: Will Your Big-Screen Super Bowl Party Violate
    Copyright Law? First off today, Ars Technica has a great examination
    of the myth that showing the Super Bowl on an ultra-large TV, greater
    than 55 inches, may be a violation of copyright law. The conclusion is
    that while the law does mention TVs above a certain size as being
    infringing, it only covers large establishments, not private homes as
    there is no public performance. So Posted on Thursday, February 4, 2010 at 2:47 pm
Rank This Ths Week: 373

Daily Dose of IP

Daily Dose of IP

Offers daily tidbits on intellectual property law. By Mark Reichel.

http://dailydoseofip.blogspot.com/
  • Feb 06

    USPTO FY 2011 Budget Request Anno ...

    USPTO FY 2011 Budget Request Announced
    On Monday, David Kappos announced President Obama's FY 2011 budget
    request for the USPTO of just over $2.3 billion. According to the
    USPTO announcement (available HERE), this budget request will support
    a new five-year plan to achieve certain USPTO objectives, including
    reducing pendency periods and the current patent application backlog,
    improving patent quality, enhancing IP protection and enforcement,
    global IP policy leadership, and a boost in its IT infrastructure.
    Kappos, the Under Secretary of Posted on Saturday, February 6, 2010 at 9:20 am
  • Feb 06

    Konami and Upper Deck Settle IP L ...

    Konami and Upper Deck Settle IP Lawsuit
    Regarding Counterfeit Yu-Gi-Oh! Cards
    It was announced last week that gaming company Konami and trading card
    manufacturer Upper Deck have settled their dispute regarding
    counterfeit Yu-Gi-Oh! cards. Last year Konami sued Upper Deck after
    learning that Upper Deck had been manufacturing and distributing
    hundreds of thousands of Yu-Gi-Oh! cards without permission by the
    holder of Yu-Gi-Oh! rights, Konami. As noted within the recent
    BloggingStocks article (link HERE), Konami was seeking $50 to $150
    million in damages from Upper Deck. According to Posted on Saturday, February 6, 2010 at 9:20 am
  • Feb 03

    Joint WIPO-ITU Accessibility Work ...

    Joint WIPO-ITU Accessibility Workshop to be
    Held This Week
    The World Intellectual Property Organization ("WIPO") and the
    International Telecommunications Union ("ITU") will jointly be hosting
    an Accessibility Workshop this week with an objective to "promote
    awareness on accessibility and encourage webmasters within the United
    Nations system and other International Organizations to implement
    accessibility in their daily work." This Workshop (details available
    HERE on WIPO's website) will include discussions on accessibility from
    companies such as Yahoo and Adobe, as Posted on Wednesday, February 3, 2010 at 9:29 pm
Rank This Ths Week: 379

IP Thinktank

IP Thinktank

Covers intellectual property strategy around the world. By Duncan
Bucknell.

http://duncanbucknell.com/ipthinktank.blog
  • Feb 09

    General Global Week in Review 8 F ...

    General Global Week in Review 8 February 2010
    from IP Think Tank
    Here is IP Think Tank's weekly selection of top intellectual property
    news breaking in the blogosphere and internet. Please join the
    discussion by adding your comments on any of these stories, and please
    do let us know if you think we've missed something important, or if
    there is a source you think should be monitored. You can separately
    subscribe to the IP Think Tank Global Week in Review at the Subscribe
    page: http://duncanbucknell.com/subscribe/ Highlights this week
    included: EPO suspends decision on new Posted on Tuesday, February 9, 2010 at 9:21 am
  • Feb 09

    2010 IP Hall of Fame inductees an ...

    2010 IP Hall of Fame inductees announced
    In case you missed it, the 2010 inductees have been announced. Here's
    the release from IAM Magazine: Five prominent figures from the global
    intellectual property community have been selected for induction into
    the IP Hall of Fame for 2010. This follows a selection process that
    involved IP professionals from around the world and culminated in a
    final vote by members of the IP Hall of Fame Academy. The individuals
    to be inducted are: • Thomas Blanco-White: An eminent barrister and
    former head of the largest Posted on Tuesday, February 9, 2010 at 9:21 am
  • Feb 06

    Online Global Week in Review 5 Fe ...

    Online Global Week in Review 5 February 2010
    from IP Think Tank
    Here is IP Think Tank's weekly selection of top Online intellectual
    property news breaking in the blogosphere and internet. Please join
    the discussion by adding your comments on any of these stories, and
    please do let us know if you think we've missed something important,
    or if there is a source you think should be monitored. You can
    separately subscribe to the IP Think Tank Global Week in Review at the
    Subscribe page: http://duncanbucknell.com/subscribe/ Highlights this
    week included: Federal Court finds Posted on Saturday, February 6, 2010 at 11:48 pm
Rank This Ths Week: 421

Los Angeles Intellectual Property

Los Angeles Intellectual Property Trademark
Attorney Blog

Includes topics such as copyright litigation, licensing, patent
litigation, TTAB, trademark applications, and trademark litigation. By
Los Angeles, California intellectual property lawyer, Milord A.
Keshishian.

http://www.iptrademarkattorney.com/
  • Feb 09

    Marc Jacobs Sues Christian Audigi ...

    Marc Jacobs Sues Christian Audigier's Company
    For Trade Dress and Trademark Infringement
    Los Angeles, CA - Designer Christian Audigier's Nervous Tattoo, Inc.
    is being sued by Marc Jacobs' company for trade dress and trademark
    infringement over purse designs. Marc Jacobs designs apparel and
    accessories, including purses, and has a pending application for its
    random "Marc Jacobs" scrambled trademark. Marc Jacobs has applied the
    scrambled trademark to the inside lining of the "Marc Jacobs Pretty
    Nylon" tote bag. And the tote bag's "size, shape, color or color
    combinations, product design, texture, Posted on Tuesday, February 9, 2010 at 9:56 am
  • Feb 04

    Major League Baseball Sues Upper ...

    Major League Baseball Sues Upper Deck For
    Trademark Infringement And Unfair Competition
    Over Baseball Trading Cards
    New York -- Major League Baseball Properties sued the Upper Deck
    Company for trademark infringement, trademark dilution, unfair
    competition, and breach of contract because Upper Deck continues to
    print baseball trading cards after its license was terminated. A copy
    of the complaint is available here. MLBP pulls no punches and
    extensively refers to the recent Court ruling that Upper Deck
    counterfeited hundreds of thousands of Yu-Gi-Oh! trading cards, its
    agreement to a multi-million dollar settlement and Posted on Thursday, February 4, 2010 at 10:06 am
  • Feb 01

    Who Dat? Who Dat Say Dey'll Sue F ...

    Who Dat? Who Dat Say Dey'll Sue For Trademark
    Infringement? Duuhh NFL, Dat's Who!
    During Super Bowl week, the NFL is usually busy cracking down on
    church congregations showing the game in violation of the league's
    copyrights. After not caring about the New Orleans Saints for over the
    last forty years (aka, the "Ain'ts" years), the NFL thought it would
    be a good public relations boost to send numerous cease and desist
    letters to merchants that were selling "Who Dat?" t-shirts and
    memorabilia. Who Dat? Who Dat trying to jump on Da Who Dat bandwagon?
    After local merchants complained, it Posted on Monday, February 1, 2010 at 10:57 am
Rank This Ths Week: 422

Orange Book Blog

Orange Book Blog

Covers patent and FDA law, including authorized generics, biogenerics,
Hatch-Waxman litigation and Orange Book patent listing/delisting. By
Aaron F. Barkoff.

http://www.orangebookblog.com/
  • Sep 11

    ACI "Maximizing Pharmaceutical Pa ...

    ACI "Maximizing Pharmaceutical Patent Life
    Cycles" Conference, New York, October 7-8
    American Conference Institute is hosting a special 10th Anniversary
    Edition of its annual "Maximizing Pharmaceutical Patent Life Cycles"
    conference on October 7th and 8th in New York. According to ACI, this
    is "the one and only event that consistently allows brand name and
    generic drug makers to benchmark their companies' current strategies
    and tactics against competitors in both camps." Here's the agenda: The
    endgame reinvented: preparing for an emerging pharmaceutical patent
    paradigm Patent reform and the Posted on Friday, September 11, 2009 at 8:51 pm
  • Aug 05

    Federal Circuit Affirms Invalidit ...

    Federal Circuit Affirms Invalidity of Bayer
    Patent on Yasmin
    Bayer Schering v. Barr Labs, No. 2008-1282 (Fed. Cir. 2009) A divided
    panel of the Federal Circuit today affirmed a district court decision
    holding Bayer's U.S. Patent No. 6,787,531 invalid due to obviousness.
    The '531 patent, which claims pharmaceutical compositions of
    drospirenone and ethinyl estradiol, protects Bayer's popular
    birth-control pill Yasmin. In today's decision, the majority (Judges
    Mayer and Friedman) held that "the invention would have been obvious
    to try." Judge Newman dissented. Posted on Wednesday, August 5, 2009 at 9:59 pm
  • Jul 15

    ACI's FDA Boot Camp Coming to Chi ...

    ACI's FDA Boot Camp Coming to Chicago and
    Boston
    American Conference Institute's popular "FDA Boot Camp" conference is
    coming to Chicago next week, July 21-22, and to Boston on September
    15-16. The conference is billed as "basic training for products
    liability and patent lawyers." Presentations likely of most interest
    to Orange Book Blog readers include: The Basics: Understanding and
    Working with the FDA and the New Administration--Jurisdiction,
    Functions, Organizations, and Operations The Nature of the Approval
    Process Essential Requirements of the Posted on Wednesday, July 15, 2009 at 9:22 pm
Rank This Ths Week: 426

Docket Report Patent Infringement

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district
courts.

http://docketreport.blogspot.com/
  • Feb 07

    "Confidential" Accusation Creates ...

    "Confidential" Accusation Creates Substantial
    Controversy Sufficient to Exercise Subject
    Matter Jurisdiction
    The magistrate judge recommended denying defendant's motion to dismiss
    plaintiff's declaratory relief action for lack of subject matter
    jurisdiction where plaintiff's suit was based upon an allegedly
    confidential email between defendant and a third party. "There is
    nothing inherently confidential about a statement accusing a third
    party's product of patent infringement. [Defendant] should reasonably
    have anticipated -- and perhaps even intended -- that its claim of
    infringement by [plaintiff's] product Posted on Sunday, February 7, 2010 at 10:08 am
  • Feb 04

    Real World Difficulty in Combinin ...

    Real World Difficulty in Combining Prior Art
    Teachings Does Not Trump Express Suggestion
    to Combine
    In concluding that one of ordinary skill in the art would be motivated
    to combine the teachings of a prior art betting system with the
    teachings of a prior art banking system, the court found a suggestion
    to combine where the betting system stated that its "voice response
    unit can be applied to other fields" and listed potential
    applications, including "credit card checking" and "deposit balance
    information." The court rejected plaintiff's argument that the "urgent
    time pressures" associated with "[the] Posted on Thursday, February 4, 2010 at 11:18 pm
  • Feb 04

    Allegation That Plaintiff "Buried ...

    Allegation That Plaintiff "Buried" Prior Art
    in IDS is Sufficient to State a Claim for
    Inequitable Conduct
    The court denied plaintiff's motion for judgment on the pleadings as
    to defendant's inequitable conduct claim based on the theory that
    plaintiff buried relevant prior art among 597 other prior art
    references. "Defendants have sufficiently alleged with particularity
    that [plaintiff's] prosecuting attorney . . . filed [two IDSes] in
    connection with the prosecution of the . . . patents that contained
    approximately 598 prior art references in which [plaintiff] failed to
    identify the relevant prior art Posted on Thursday, February 4, 2010 at 11:18 pm
Rank This Ths Week: 440

TechnoLlama

TechnoLlama

Covers copyrights, creative commons, DRM, open source and more. By
Andres Guadamuz.

http://www.technollama.co.uk
  • Feb 06

    There ain't such thing as privacy

    There ain't such thing as privacy
    1984 is so last century. A world without privacy has often been
    depicted as part of a dystopian nightmare in various works of
    speculative fiction. Yet when we are suddenly thrust upon a world
    where the very notion of privacy seems to be melting before our very
    eyes, the public's response is not one of shock, but rather of
    celebration. At the heart of the modern privacy debate we cannot
    ignore the inescapable conclusion that people are perfectly happy to
    forego their privacy in exchange for something else. Posted on Saturday, February 6, 2010 at 6:37 am
  • Feb 06

    Landmark ISP liability case decid ...

    Landmark ISP liability case decided in
    Australia
    What did you say Skippy? ISPs are not liable for the infringement
    committed by their customers? As was mentioned last week, we have been
    expecting an important ruling with regards to internet service
    provider (ISP) liability from Australia. Behold Roadshow Films Pty Ltd
    v iiNet Limited [2010] FCA 24. This is a case of tremendous importance
    because it is one of the first skirmishes in the brewing struggle
    between content owners and intermediaries (I use the term
    intermediaries on purpose, as the wider Posted on Saturday, February 6, 2010 at 6:37 am
  • Jan 31

    Is deep-packet inspection a crimi ...

    Is deep-packet inspection a criminal offence?
    "These are not the packets you are looking for" Things are heating up
    in the fight against piracy in the UK. Virgin Media has announced that
    it will use deep packet inspection (DPI) software to analyse whether
    its customers are sharing copyright infringing material. Privacy
    International has brought this practice to the attention of both the
    European Commission and the Information Commissioner, who are looking
    into the affair. But most interestingly, Privacy International has
    also threatened to report Posted on Sunday, January 31, 2010 at 3:39 pm
Rank This Ths Week: 450

Freedom to Tinker

Freedom to Tinker

Focuses on issues related to legal regulation of technology, and
especially on legal attempts to restrict the right of technologists
and citizens to tinker with technological devices. From Princeton
Computer Science and Public Affairs Professor Ed Felten

http://www.freedom-to-tinker.com
  • Feb 08

    Identifying John Doe: It might be ...

    Identifying John Doe: It might be easier than
    you think
    Imagine that you want to sue someone for what they wrote, anonymously,
    in a web-based online forum. To succeed, you'll first have to figure
    out who they really are. How hard is that task? It's a question that
    Harlan Yu, Ed Felten, and I have been kicking around for several
    months. We've come to some tentative answers that surprised us, and
    that may surprise you. Until recently, I thought the picture was very
    grim for would-be plaintiffs, writing that it should be simple for
    "even a non-technical Internet Posted on Monday, February 8, 2010 at 9:08 pm
  • Feb 06

    iPad to Test Zittrain's "Future o ...

    iPad to Test Zittrain's "Future of the
    Internet" Thesis
    Jonathan Zittrain famously argued in his book "The Future of the
    Internet, and How to Stop It" that we were headed for a future in
    which general purpose computers would be replaced by locked-down
    computing appliances. Apple's new iPad will put Zittrain's thesis to
    the test. The iPad, as announced, has aspects of both an appliance and
    a general purpose computer. (Zittrain would say "generative", but I'll
    stick with the standard computer science term "general purpose".) Will
    the appliance side kill the Posted on Saturday, February 6, 2010 at 11:31 am
  • Feb 06

    CITP Seeks Visiting Faculty, Scho ...

    CITP Seeks Visiting Faculty, Scholars or
    Policy Experts for 2010-2011
    The Center for Information Technology Policy (CITP) at Princeton
    University seeks candidates for positions as visiting faculty members
    or researchers, or postdoctoral research associates for the 2010-2011
    academic year. About CITP Digital technologies and public life are
    constantly reshaping each other-from net neutrality and broadband
    adoption, to copyright and file sharing, to electronic voting and
    beyond. Realizing digital technology's promise requires a constant
    sharing of ideas, competencies and norms Posted on Saturday, February 6, 2010 at 11:31 am
Rank This Ths Week: 463

Excess Copyright

Excess Copyright

Covers the harm of excess copyright enforcement. By Howard Knopf.

http://excesscopyright.blogspot.com/
  • Feb 04

    Jon Newton Shuts Down P2PNet

    Jon Newton Shuts Down P2PNet
    Jon Newton's one of a kind P2PNet site is shutting down for lack of
    funds. Even Wired has taken notice. Jon was ahead of his time in many
    ways with this site, which was often a "go to" place for information
    on lots of things relevant to copyright law and other eclectic topics.
    He was persistent in his criticism of the film and record industry,
    especially the RIAA "sue 'em all" litigation campaign. He had to fight
    off defamation litigation and constantly struggle to get enough income
    to support his family Posted on Thursday, February 4, 2010 at 4:35 pm
  • Feb 04

    ISP beats Hollywood in Oz iiNet d ...

    ISP beats Hollywood in Oz iiNet decision
    The Federal Court in Australia has given a huge victory to an ISP that
    fought back against Hollywood. Justice Cowdroy's landmark judgment is
    summarized as follows: In summary, in this proceeding, the key
    question is: Did iiNet authorise copyright infringement? The Court
    answers such question in the negative for three reasons: first because
    the copyright infringements occurred directly as a result of the use
    of the BitTorrent system, not the use of the internet, and the
    respondent did not create and does not Posted on Thursday, February 4, 2010 at 4:35 pm
  • Feb 04

    Secondary Liability v. Authorizat ...

    Secondary Liability v. Authorization -
    Terminology Matters
    There will likely be another round of confusing use of terminology
    involving "secondary liability" and "authorization" following the
    landmark iiNet decision of February 4, 2010 decision in Oz. In 2005, I
    was asked to co-author an amicus brief on behalf of Sharman in the US
    Supreme Court Grokster case. In that brief, we stated: While the legal
    systems of many countries are capable of dealing with the issue of
    secondary liability in copyright law, there is no consistent pattern
    in terms of doctrine or even Posted on Thursday, February 4, 2010 at 4:35 pm
Rank This Ths Week: 472

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and
marketing.

http://www.duetsblog.com/
  • Feb 08

    Super Bowl Advertising: A Super M ...

    Super Bowl Advertising: A Super Media Buy?
    The Super Bowl is much more than a football game to determine a
    champion; it is a cultural phenomenon. One of the most important
    elements of Super Bowl Sunday isn't the on the field action; it is the
    commercials on television during the breaks in the action. For
    companies that want to advertise during the game, it is quite costly
    to partake in this action. A 30 second spot during Super Bowl XLIV
    will cost $2.5-2.8 million. That figure only includes paying the
    television network for the time. It doesn't Posted on Monday, February 8, 2010 at 1:57 am
  • Feb 08

    Question Mark Brands?

    Question Mark Brands?
    A couple of months ago I blogged about Branding Exclamations! Before
    that I blogged about Increasingly Intense Ellipsis Branding . . . .
    Now, it appears I must revisit the subject of punctuation mark
    branding given Cadbury Adams' new Mega Mystery Stride brand gum,
    prominently featuring a question mark logo on the packaging where the
    S logo normally appears. The mystery apparently surrounds the
    presently undisclosed flavor of the gum. The unknown flavor appears to
    be part of Stride's claimed Ridiculously Posted on Monday, February 8, 2010 at 1:57 am
  • Feb 05

    Of (USC) Trojans and (USC) Gamecocks

    Of (USC) Trojans and (USC) Gamecocks
    A few weeks ago, the Federal Circuit Court of Appeals issued its
    decision in The University of South Carolina v. the University of
    Southern California in South Carolina's appeal from the Trademark
    Trial and Appeal Board ("TTAB"). The Federal Circuit affirmed the
    TTAB's finding that consumers are likely to be confused by South
    Carolina's use of this design on clothing: And Southern California's
    use of this design on clothing: I've written before about the
    lucrative field of collegiate sports merchandising. Posted on Friday, February 5, 2010 at 3:34 pm
Rank This Ths Week: 485

Blawg IT

Blawg IT

Covers patent, copyright, trademark and Internet related legal issues.
By Patent Attorney Brett Trout.

http://blawgit.com
  • Feb 03

    The Latest Online Scams

    The Latest Online Scams
    Not Your Father's Online Scam By now, everyone is familiar with the
    Nigerian scam. You receive an e-mail for an offer you cannot refuse.
    The sender alleges he or she is trustee of a large sum of unclaimed
    money. If you will agree to take the money into the United States, you
    will receive half the money (typically millions) for your trouble.
    After sending $200 for paperwork, $500 for bribes, $2000 for customs
    and $10,000 for lawyers you get the impression things are not quite as
    they seem. With so many Posted on Wednesday, February 3, 2010 at 10:25 pm
  • Jan 22

    How Do I Patent My Idea?

    How Do I Patent My Idea?
    What is a Patent? Patents are documents that protect inventions. Good
    patents describe the invention in broad terms, making it more
    difficult to design around the patent or challenge a claim of
    infringement. Good patents are hard to draft. If they are drafted too
    broadly, broadly enough to cover something that has already been
    invented, the patent is invalid. As you might imagine, patents are
    quite complex. Patents are so complicated and technical that ordinary
    attorneys are not even allowed to draft them. Posted on Friday, January 22, 2010 at 11:21 am
  • Jan 22

    Monsanto wins first round in "nas ...

    Monsanto wins first round in "nasty" patent
    fight with Pioneer
    The Lawsuit Last year, Monsanto sued Iowa-based Pioneer and its parent
    company DuPont in federal court alleging among other things, patent
    infringement and breach of contract. In the lawsuit, Monsanto alleges
    Pioneer developed glyphosate (Roundup)-tolerant genetics called
    Optimum GAT. Monsanto asserts Pioneer abandoned trying to market seeds
    containing only Optimum GAT and began combining Optimum GAT to
    Monsanto's patented Roundup Ready seeds in a process called
    "stacking." Smack Talk According to The AMLaw Posted on Friday, January 22, 2010 at 11:21 am
Rank This Ths Week: 488

Current Trends in Copyright,

Current Trends in Copyright, Trademark &
Entertainment Law

By the Bennet Law Office.

http://ipandentertainmentlaw.wordpress.com
  • Feb 07

    Sly Stone Sues Manager For Fraud, ...

    Sly Stone Sues Manager For Fraud, Breach of
    Fiduciary Duty, Cancel Trademark
    Sylvester Stewart p/k/a Sly Stone of Sly and the Family Stone filed
    suit in Los Angeles Superior Court against his longtime manager, Jerry
    Goldstein, alleging Goldstein stole $80 million in licensing and
    royalty income, and filed a trademark for Sly and the Family Stone
    without Stone's permission. He also alleges Goldstein never provided
    him any royalty accounting for albums between 1989 and 2009 and the
    manager breached his fiduciary duty. Read more from The Hollywood
    Reporter Esq. blog which also includes Posted on Sunday, February 7, 2010 at 2:04 am
  • Feb 07

    Monopoly The Game Meets Music Pub ...

    Monopoly The Game Meets Music Publishing
    Hasbro is promoting the 75th anniversary edition of the Monopoly board
    game. Not only does it have a new circular game board, it contains
    clips of popular songs from artists such as Beyonce and Rihanna. So,
    how did they do that? Hasbro had to secure permission to use the
    underlying songs from the music publishers that own the song
    copyrights. To be able to use the actual recording by Beyonce and
    other artists, a master use license had to be secured from each record
    label that owned the master recording. Use Posted on Sunday, February 7, 2010 at 2:04 am
  • Feb 04

    Yo Quiero Domain Name - Yum! Bran ...

    Yo Quiero Domain Name - Yum! Brands (Taco
    Bell) v. Nelson Wellness & Therapy Center
    You may have seen Taco Bell's New Year weight loss campaign, "Drive
    Thru Diet." I have to admit, I have sampled the menu. Taco Bell
    acquired www.drivethrudiet.com prior to the campaign launch in 2010,
    but did not secure www.drivethroughdiet.com, a domain owned by a
    Georgia weight loss center. Yum! Brands, the parent company of Taco
    Bell, filed a UDRP Bad Faith action to acquire the Georgia weight loss
    center's domain name. The arbitration panel denied Yum! Brand's
    request to transfer drivethroughdiet.com Posted on Thursday, February 4, 2010 at 2:48 pm
Rank This Ths Week: 491

Video Game Law Blog

Video Game Law Blog

Covers current Issues in video game law. By Davis LLP.

http://www.davis.ca/en/blog/Video-Game-Law
  • Dec 01

    Some Xbox 360 users losing their ...

    Some Xbox 360 users losing their memory
    Microsoft locks out aftermarket Xbox 360 memory units; Datel objects,
    launches antitrust lawsuit Are you one of thousands of Microsoft Xbox
    360 users that have recently purchased a third-party memory unit for
    the Xbox 360 to store data and saved games? If so, you are likely
    suffering from memory loss. As a consequence of a recent mandatory
    update of Xbox 360's firmware, all third-party memory units have been
    disabled by Microsoft. Datel Design & Development ("Datel"), for
    one, is not taking this Posted on Tuesday, December 1, 2009 at 10:21 am
  • Oct 26

    Left 4 Dead 2 Appeal Unsuccessful

    Left 4 Dead 2 Appeal Unsuccessful
    Valve to issue heavily edited version to satisfy Australian censors It
    appears that Australian fans of Valve's critically acclaimed Left 4
    Dead survival horror franchise will have to miss out on much of the
    blood n' guts that the rest of us have been eagerly anticipating in
    its latest installment, Left 4 Dead 2. On October 22, 2009,
    Australia's Classification Review Board unanimously upheld an earlier
    decision of its ratings board to refuse classification to the unedited
    version of Left 4 Dead 2, citing its Posted on Monday, October 26, 2009 at 7:12 am
  • Nov 18

    Modern Censorship in Russia

    Modern Censorship in Russia
    Folks in Russia weren't impressed with a scene in Call of Duty: Modern
    Warfare 2 where a Russian terror cell shoots up an airport full of
    civilians. After threats of government bans or recalls, Activision has
    reportedly decided to remove the offensive scene from the Russian
    version of the game. Russia has no formal ratings board for video
    games, so the approach to game review in Russia is different. Equally
    effective, though, it would appear... Gamasutra coverage here.
    Bookmarks: Delicious, Digg , Facebook, Posted on Wednesday, November 18, 2009 at 7:00 pm
Rank This Ths Week: 520

Patent Prospector

Patent Prospector

Offers an open forum for patent practitioners. Sponsored by Patent
Hawk.

http://www.patenthawk.com/blog/
  • Feb 09

    Deep Fryer

    Deep Fryer
    SEB sued Montgomery Ward and others for infringing 4,995,312 by
    selling a cheap deep fryer manufactured by Pentalpha. Speedy justice
    meant that getting to trial took a mere seven years, whereupon a jury
    found willful infringement, awarding $4.65 million in damages, which
    the district court judge hence cut by $2 million. The district court
    had awarded enhanced damages and attorneys' fees to SEB, but then
    snatched them back in light of the 2007 CAFC Seagate ruling that
    willfully gutted willfulness. Herein, a Posted on Tuesday, February 9, 2010 at 9:34 am
  • Feb 09

    Unpublished

    Unpublished
    ResQNet sued Lansa in 2001 for infringing five patents related to
    terminal emulation. Lansa found art, two unpublished user manuals for
    a software product called Flashpoint, that it argued anticipated one
    of the asserted patents, 6,295,075. But the district court wouldn't
    admit the art as public, and hence not legally prior art. Lansa tried
    to argue that NewLook 1.0 anticipated '075 by being sold more than a
    year prior to 075's filing date, but NewLook 1.0 "lacked an essential
    limitation," so was not found Posted on Tuesday, February 9, 2010 at 9:34 am
  • Feb 04

    Inherent Anticipation

    Inherent Anticipation
    Abbott sued Beckton, Dickinson and Company and Nova Biomedical for
    infringing 5,628,890, which claims a glucose sensor. A jury found '890
    anticipated. Abbott appealed the trial judge's jury instruction over
    the meaning of anticipation. The CAFC surveyed the boundary of
    inherency, and found the nugget: "all elements must be disclosed in an
    anticipatory reference in the same way as they are arranged or
    combined in the claim." Abbott v. Becton, Dickinson and Company and
    Nova Biomedical (CAFC 2009-1008, -1009, Posted on Thursday, February 4, 2010 at 9:49 am
Rank This Ths Week: 548

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/home/corante/public_html/copyfight/
  • Feb 08

    Remix As Social Activity

    Remix As Social Activity
    Boingboing pointed to a very interesting YouTube video on "The
    Evolution of Remix Culture". The video is, in lovely recursive
    fashion, also something of a mash-up of previous videos. In a short
    eight minutes, the author identifies a generational change in how
    remixes are being used. First generation remixes involved the
    appropriation of pop culture material for the creation of new work, as
    has been done since oral storytellers sat around a fire listening to
    each others' tales and improving on them. Second Posted on Monday, February 8, 2010 at 5:52 pm
  • Feb 03

    Scalzi on Amazon Fail

    Scalzi on Amazon Fail
    I find myself unable to add anything to the snarky but oh-so-on-point
    commentary by John Scalzi on just exactly how epic Amazon's fail was
    this past weekend in its spat with Macmillan. You'd think after the
    1984 fiasco, and the gay books fiasco they would have learned
    something. Apparently not. Posted on Wednesday, February 3, 2010 at 4:21 pm
  • Feb 03

    Publishing for People Who Want to ...

    Publishing for People Who Want to Read
    (Magazines)
    The state of magazine publication is the suck these days. You can read
    it anywhere - the magazines themselves are smaller, printed on cheaper
    paper, and so full to bursting with ads that you get barely any
    content. This is in large part because the single-issue and
    subscription prices do not cover the costs of print publication and
    newsstand distribution. So many unsold magazines end up as pulp it's a
    shame and an environmental mess. Bucking this trend comes the first
    issue of the official World of Warcraft Posted on Wednesday, February 3, 2010 at 4:21 pm
Rank This Ths Week: 561

IP Notiz

IP Notiz

Covers intellectual property law rights in Germany.

http://www.ip-notiz.de
  • Feb 05

    Der ePerso kommt!

    Der ePerso kommt!
    Nach dem europaweiten ePass (vergleiche die entsprechende EU
    Verordnung) kommt nun in Deutschland auch der ePerso - oder wie er
    seit neuestem genannt wird "nPerso" (neuer Personalausweis). Hier soll
    ein kleiner Überblick gegeben werden, was der neue Perso alles kann.
    Soviel vorab: Der ePerso hat zumindest das Potenzial
    Identifikationsprozesse in der der virtuellen Welt zu revolutionieren.
    Möglich macht dies die neue eID-Funktion und die Verbindung mit
    eigener eSignatur. Im Dezember 2008 hat der Deutsche Posted on Friday, February 5, 2010 at 2:06 am
  • Feb 05

    IP|Webnotizen VII

    IP|Webnotizen VII
    EMI in Schwierigkeiten Umckaloabo I Umckaloabo II Neues Logo für die
    GEZ LG Hamburg: Abmahnung als Email Die lustigste Abmahnung des Jahres
    Veranstaltung: Transmediale Berlin Bundesnetzagentur verhängt
    Bußgelder Posted on Friday, February 5, 2010 at 2:06 am
  • Jan 20

    IP|Rezension: Eisenmann, Hartmut, ...

    IP|Rezension: Eisenmann, Hartmut, Jautz /
    Ulrich; Grundriss Gewerblicher Rechtsschutz
    und Urheberrecht
    Der Eisenmann/Jautz ist nunmehr in der 8. Auflage erschienen (inkl.
    der Neuerungen im UWG u. UrhG), Grund genug, das einzige Skript zum
    Thema Gewerblicher Rechtsschutz vorzustellen. Die Reihe "Start ins
    Rechtsgebiet" von C. F. Müller ist mittlerweile ja in einem neuen
    Outfit an der Start gegangen, inhaltlich hat sich optisch allerdings
    nicht viel verändert. Noch immer wird durch intelligente Fettung auf
    die wichtigen Dinge hingewiesen, die Gliederung bleibt stets
    verständlich, was ein dickes Plus darstellt. Posted on Wednesday, January 20, 2010 at 9:06 pm
Rank This Ths Week: 584

Media Beak

Media Beak

Covers media law, ethics and intellectual property law. By Ed Forbes.

http://mediabeak.blogspot.com/
  • Jan 21

    Use of 'tranny' pejorative rules PCC

    Use of 'tranny' pejorative rules PCC
    The PPC has declared that the use of the word "tranny" was both
    pejorative and a 'needless abbreviation' and as such was
    discrimination under Clause 12 of the PPC code Facts:A male to female
    transsexual had worked as a rape counsellor in Belfast. Sunday Life
    newspaper ran a story in November 2009 about the person under the
    headline "Tranny worked in rape centre". The article questioned their Posted on Thursday, January 21, 2010 at 8:08 am
  • Jan 21

    Court Reporting: Child 'not conce ...

    Court Reporting: Child 'not concerned in
    proceedings' can be named
    The Press Association successfully challenged a court order that -
    using the discretionary powers of Section 39 of the Childrens and
    Young Persons Act 1933 - prevented journalists from naming the child
    of a mother who was convicted for child neglect.Facts:Rebecca Ireland
    had gone on a drink and drunk binge in April last year before ending
    up in bed with her six week old daughter. She awoke to Posted on Thursday, January 21, 2010 at 8:08 am
  • Jan 21

    France mulls Google tax

    France mulls Google tax
    As reported in the Guardian and Liberation, France is planning to
    introduce a 'Google Tax' aimed at returning revenues from the internet
    to the artistic and cultural sphere. The idea is to tax Google, Yahoo
    and potentially other major internet portals on their advertising
    revenue and then use the monies to fund cultural projects. This very
    much follows the spirit of continental European copyright Posted on Thursday, January 21, 2010 at 8:08 am
Rank This Ths Week: 591

ITC 337 Law Blog

ITC 337 Law Blog

Covers International Trade Commission cases and news. By Oblon Spivak.

http://www.itcblog.com
  • Feb 05

    ITC Institutes Investigation (337 ...

    ITC Institutes Investigation (337-TA-702)
    Regarding Certain Liquid Crystal Display
    Modules
    On February 3, 2010, the U.S. International Trade Commission issued a
    Notice of Investigation regarding institution of Certain Liquid
    Crystal Display Modules and Products Containing the Same, and Methods
    for Making the Same (Inv. No. 337-TA-702). The investigation is based
    on a January 8, 2010 complaint filed by Sharp Corporation of Japan
    alleging violation of Section 337 in the importation into the U.S. and
    sale of certain liquid crystal display ("LCD") modules and products
    containing the same, and methods Posted on Friday, February 5, 2010 at 5:49 pm
  • Feb 05

    Update Regarding Certain Liquid C ...

    Update Regarding Certain Liquid Crystal
    Display Modules (337-TA-702)
    Further to our February 3 post, Chief ALJ Paul J. Luckern issued a
    notice assigning ALJ Theodore R. Essex as the presiding Administrative
    Law Judge in Certain Liquid Crystal Display Modules and Products
    Containing the Same, and Methods for Making the Same (Inv. No.
    337-TA-702). Posted on Friday, February 5, 2010 at 5:49 pm
  • Feb 03

    ALJ Rogers Denies Motion To Compe ...

    ALJ Rogers Denies Motion To Compel In Certain
    Bulk Welding Wire Containers (337-TA-686)
    On January 28, 2010, ALJ Robert K. Rogers, Jr. issued Order No. 35 in
    Certain Bulk Welding Wire Containers and Components Thereof and
    Welding Wire (Inv. No. 337-TA-686). In the Order, ALJ Rogers denied
    Complainants The Lincoln Electric Company and Lincoln Global, Inc.'s
    (collectively, "Lincoln") motion to compel Respondent Sidergas SpA
    ("Sidergas") to respond to Lincoln's Interrogatory Nos. 33-36. In its
    motion, Lincoln stated that Sidergas had taken the position that it
    was not obligated to respond to Posted on Wednesday, February 3, 2010 at 2:25 am
Rank This Ths Week: 599

ANTICIPATETHIS.com

ANTICIPATETHIS.com

A patent law blog providing thought-provoking commentary . . . with a
dash of irreverent humor. By Jake Ward.

http://anticipatethis.wordpress.com
  • Feb 06

    They Invented What? (No. 159)

    They Invented What? (No. 159)
    U.S. Pat. No. 6,784,792: Method and device for recognition of a
    collision with a pedestrian. What is claimed is: 1. A method of
    detecting a pedestrian impact with a vehicle, the method comprising:
    providing at least one first sensor on a bumper and at least one
    second sensor in an area of a front edge of an engine hood; measuring
    one of a first pressure and a first deformation caused by the
    pedestrian impact; forming a first criterion for deciding whether the
    pedestrian impact has occurred by comparing at Posted on Saturday, February 6, 2010 at 7:49 am
  • Jan 31

    USPTO Announces Interim Procedure ...

    USPTO Announces Interim Procedure for
    Patentees to Request Patent Term Adjustment
    Recalculation.
    Per this press release at the USPTO today: Procedure to Comply with
    the Federal Circuit Decision in Wyeth v. Kappos Regarding the
    Overlapping Delay Provision of 35 U.S.C.154(b)(2)(A) WASHINGTON - The
    Commerce Department's United States Patent and Trademark Office
    (USPTO) is providing patentees with the ability to request a
    recalculation of their patent term adjustment without a fee or
    petition as is normally required pending completion of necessary
    modifications to the USPTO's computer program for Posted on Sunday, January 31, 2010 at 1:56 pm
  • Jan 28

    IPWatchdog Sued by Invention Subm ...

    IPWatchdog Sued by Invention Submission
    Corporation (dba InventHelp).
    Per this post at the IPWatchdog last week, patent law blogger Gene
    Quinn is being sued by Invention Submission Corporation (ISC), an
    invention promotion company that currently does business as
    "InventHelp®". A copy of the complaint may be downloaded here.
    IPWatchdog has long been a vocal critic of invention promotion
    companies, and for good reason. As most patent attorneys and agents
    will attest, invention promotion companies do not directly compete
    with patent law firms. Rather, many invention promotion Posted on Thursday, January 28, 2010 at 11:09 am
Rank This Ths Week: 618

UsefulArts.us

UsefulArts.us

Covers online branding and the law.

http://usefularts.us
  • Feb 09

    Litigants Are Often Caregivers Wh ...

    Litigants Are Often Caregivers Who Need Help
    Too: Online Tools Help Bring Community In
    Last week a family member had serious enough surgery that I took time
    away from my job to be a caregiver. Surprisingly, this has connected
    me more to social networks and this blog. You see, our hospital has
    wi-fi in its waiting areas, so writing online is productive way to
    pass time, and absorb the waiting with grace. When I wake up at night
    to give medication, the online community is there and I appreciate it.
    I'm finishing this in a waiting room now. Research shows that more
    than three in ten U.S. Posted on Tuesday, February 9, 2010 at 10:03 am
  • Feb 09

    Offensive Game on Yahoo Kids Teac ...

    Offensive Game on Yahoo Kids Teaches Girls
    Age 6-12 to Win By Dressing (or not) To
    Please Boys
    A few months ago we got the most offensive legal advertising ever
    taken down. (Remember, it advertised a sex offender defense practice
    using a photo of a girl showing skin and looking guilty….and an
    adult hand keeping a scared child from speaking.) As the father of two
    girls who have never watched television, I'm astounded by the messages
    lots of family accept as normative "becuase" they are on "insert the
    network name of your choice." We we on Yahoo! Kids, which provides
    select games for kids age six Posted on Tuesday, February 9, 2010 at 10:03 am
  • Feb 09

    Altaf Shaikh: Do you think that B ...

    Altaf Shaikh: Do you think that Bill Gates or
    Richard Branson is always on the other end of
    your social media conversations?
    First off, I just wanted to thank Dave for inviting me to join in the
    conversation on Ghostwriting in Social Media. Secondly, I want to make
    something very clear before I stand up on my soapbox: I am a
    marketer-and founder & CEO of the interactive e-marketing firm
    ListEngage.com-and as a company, we do represent various clients and
    organizations in the social media space by helping them market their
    products and services on a daily basis. As an organization, when
    invited to work with a client, although Posted on Tuesday, February 9, 2010 at 10:03 am
Rank This Ths Week: 622

Nolo's Patent, Copyright, and

Nolo's Patent, Copyright, and Trademark Blog

By Nolo.

http://www.patentcopyrighttrademarkblog.com/
  • Feb 09

    Fiction Writer Asks ... May I?

    Fiction Writer Asks ... May I?
    Dear Rich: In a work of fiction may I write about an adventure in a
    well known museum and describe specific exhibits that get vandalized?
    May I write critically about a well known writer who has been dead for
    over 100 years? May I write about stuffing a family into a Chevy
    truck? May I write about a fictitious company that clearly resembles a
    large fortune 500 company? Yes, yes, yes, and yes, although the Dear
    Rich Staff is a little concerned about the idea of "stuffing a family
    into a Chevy truck." Posted on Tuesday, February 9, 2010 at 8:59 am
  • Feb 09

    Failed to Pay Maintenance Fees: I ...

    Failed to Pay Maintenance Fees: Is the Patent
    Lost?
    Dear Rich: Help! A friend of a friend failed to pay his patent
    maintenance fees timely and his patents have expired. Is there any way
    to pay a late fee and "revive" the patents? Yes there is. If it's been
    less than two years since the patent expired, you can revive it if you
    pay the fee and a surcharge of between $700 and $1640 depending on
    whether the reason for the failure was 'unavoidable' or
    'unintentional.' You'll need to file a petition and you can learn more
    about the requirements, here. If it's been Posted on Tuesday, February 9, 2010 at 8:59 am
  • Feb 09

    Value of Nuremberg Trial Transcript

    Value of Nuremberg Trial Transcript
    Dear Rich: I saw your question about the Nuremberg trial transcripts.
    My father was Justice Robert Jackson's driver during the Nuremberg
    trials. He gave my father a signed copy of the transcript along with
    several pictures. Is there any value to this original document? You'll
    need the advice of an appraisor who specializes in autographs,
    manuscripts and rare books. We're afraid that question is just out of
    our bailiwick. But if any readers know, drop us a line. Posted on Tuesday, February 9, 2010 at 8:59 am
Rank This Ths Week: 665

Trading Secrets

Trading Secrets

A blog on trade secrets, non-competes and computer fraud. Published by
Seyfarth & Shaw LLP.

http://www.tradesecretslaw.com/
  • Feb 02

    Inevitable Disclosure of Nooks an ...

    Inevitable Disclosure of Nooks and Crannies
    When explaining to lay people what we do, trade secret practitioners
    often use the classic examples of the formula for Coca-Cola or KFC's
    secret recipe of eleven herbs and spices. Now, we can add as an
    illustration the nooks and crannies of Thomas' English Muffins, as
    demonstrated by a case filed by Bimbo Bakeries ("BBakeries") in the
    Eastern District of Pennsylvania. BBakeries, which sells a variety of
    different breads and baked goods, brought an action against Chris
    Botticella, a high-level BBakeries Posted on Tuesday, February 2, 2010 at 4:58 am
  • Jan 30

    Webinar: Computer Fraud and Abuse ...

    Webinar: Computer Fraud and Abuse Act - What
    do you need to know?
    Tomorrow - January 28, 2010, 10 A.M. PDT Our previous webinars have
    covered the basics of trade secrets and trade secret litigation. The
    third in our webinar series will focus on claims under the federal
    Computer Fraud and Abuse Act. The CFAA has, over the last decade,
    gained traction as a powerful weapon for companies to obtain
    injunctive and monetary relief when employees steal their employers'
    proprietary information. However, asserting a CFAA claim is not as
    straightforward as it seems. Over the years, Posted on Saturday, January 30, 2010 at 3:01 am
  • Jan 06

    First Circuit Court of Appeals Li ...

    First Circuit Court of Appeals Liberally
    Construes Personal Jurisdiction, Leading to
    1.16 Million Dollar Verdict
    Can a California corporation with virtually no ties to Rhode Island
    nonetheless be sued in Rhode Island federal court for misappropriation
    of a Rhode Island company's trade secrets because the California
    corporation lured away a Florida employee who had a confidentiality
    agreement with the Rhode Island company? Yes, according to the United
    States Court of Appeals for the First Circuit. Astro-Med, Inc. v.
    Nihon Kohden America, Inc., Nos. 08-2334 and 08-2335, 2009 WL 3384786,
    158 Lab. Cas. ¶60,887, and 29 IER Posted on Wednesday, January 6, 2010 at 6:32 pm
Rank This Ths Week: 667

K's law

K's law

Features extracts from recently published decisions of the Boards of
Appeal of the EPO.

http://k-slaw.blogspot.com/
  • Feb 08

    T 1266/07 - Video Conference Refu ...

    T 1266/07 - Video Conference Refused, But …
    The request for the oral proceedings (OPs) to be held by video
    conference was received some two weeks before the appointed date. This
    was too short a time for the board to deal with the legal and
    practical issues arising from the request, which was accordingly
    refused. [1.1] This board accepts that in future it is conceivable
    that such a request might be allowed. For this to happen however it
    will be necessary that a general framework exist. Inter alia the
    following issues will require to be resolved: (a) Posted on Monday, February 8, 2010 at 5:21 am
  • Feb 08

    J 1/08 - European Zombie

    J 1/08 - European Zombie
    The present decision deals with a situation where the applicant was
    allowed to enter the European phase very late (51 months from the
    priority date) because the EPO could not prove that the applicant had
    received the notification under R 108(3). However, the bliss was
    short-lived: it was indeed a dead application that entered the
    European phase as it was too late to pay the renewal fees that had
    fallen due. The following timeline summarises the situation. (click to
    enlarge) NB: All the articles and rules Posted on Monday, February 8, 2010 at 5:21 am
  • Feb 05

    T 570/05 - A Borderline Case

    T 570/05 - A Borderline Case
    The patentee claimed a coated transparent substrate. The application
    as filed taught a coating thickness of from 100 to 500 nm. The
    patentee then amended the lower limit to 220 nm. […] The
    [patentee's] arguments may be summarized as follows: The newly claimed
    ranges find support in the application as originally filed. […]
    There was no need for the new range of 220 to 500 nm to be originally
    disclosed as such as long there was a clear basis for the claimed
    upper and lower limit of the coating thickness. The Posted on Friday, February 5, 2010 at 7:01 pm
Rank This Ths Week: 691

Ruling Imagination: Law and

Ruling Imagination: Law and Creativity

Discusses the ways law rules creativity and law employs creativity. By
Professor Peter Friedman.

http://blogs.geniocity.com/friedman
  • Feb 07

    Go Saints!

    Go Saints!
    No self-respecting Browns fan could root for a team that fled the city
    it belongs to in the middle of the night. And no self-respecting
    Browns fan could help but feel the Saints fans are among the few who
    can appreciate our loyalty. Arlo Guthrie: City of New Orleans Posted on Sunday, February 7, 2010 at 11:04 am
  • Feb 05

    Trying Proposition 8 as teachable ...

    Trying Proposition 8 as teachable moment
    Margaret Talbot notes that a trial can be a terrific method of
    educating the public on controversial issues. In particular, she
    focuses on Perry v. Schwarzenegger, the case in which the
    constitutionality of California's Proposition 8, overturning the
    state's gay marriage law, is being challenged. Talbot has been
    blogging about the trial throughout the 3 weeks it has been going on.
    Her latest post points out that trials, in subjecting witnesses to
    cross examination, permits scrutiny of controversial views Posted on Friday, February 5, 2010 at 12:15 am
  • Feb 05

    Mark Twain on invention

    Mark Twain on invention
    It takes a thousand men to invent a telegraph, or a steam engine, or a
    phonograph, or a photograph, or a telephone, or any other Important
    thing-and the last man gets the credit and we forget the others. He
    added his little mite-that is all he did. - letter to Anne Macy.
    Reprinted in Anne Sullivan Macy, The Story Behind Helen Keller (Garden
    City, N.Y.: Doubleday, Doran, and Co., 1933), p.162. Posted on Friday, February 5, 2010 at 12:15 am
Rank This Ths Week: 696

IP Law Blog

IP Law Blog

Covers copyrights, cyberspace law, music, patents, privacy, trade
secrets and trademarks. By Weintraub Genshlea Chediak.

http://www.theiplawblog.com/
  • Feb 04

    Unwanted Text Messages Does Not E ...

    Unwanted Text Messages Does Not Equal
    Computer Fraud and Abuse
    by Jeff Pietsch A federal district court in Minnesota dismissed claims
    made under the Computer Fraud and Abuse Act (18 U.S.C. § 1030)
    ("CFAA") for the receipt of unwanted text messages. The CFAA, which
    was originally adopted as criminal law to prohibit actions that
    damaged another's computer system or stealing information from it, now
    permits a claim for civil damages. In this case, the defendant Wall
    Street on Demand ("WSOD") provides financial information services to
    customers sent by text messages to the Posted on Thursday, February 4, 2010 at 10:51 am
  • Feb 04

    Why Establishing Trademark Use Is ...

    Why Establishing Trademark Use Is Not As Easy
    As One Would Think
    by Scott Hervey A basic prerequisite for the ownership and
    registration of a trademark is that the mark is "used in commerce."
    The Trademark Act defines "use in commerce" as the bona fide use of a
    mark in the ordinary course of trade. Under the Act, a mark is deemed
    to be used in commerce when: (i) the mark is placed in any manner on
    goods, their containers, their displays, on the goods' tags or labels
    and, in certain cases, on documents associated with the goods or their
    sale; and (ii) the goods are sold Posted on Thursday, February 4, 2010 at 10:51 am
  • Dec 18

    Federal Circuit Puts Generic 1800 ...

    Federal Circuit Puts Generic 1800Mattress
    Trademark to Bed
    by Scott Hervey After four years, the quest to obtain federal
    trademark protection for the mark MATTRESS.COM by owner
    1800Mattress.com IP, LLC, formerly Dial-A-Mattress Operating Corp, has
    been put to bed. The United States Court of Appeals for the Federal
    Circuit has finally held that the mark is generic and not entitled to
    registration. On December 9, 2005, Dial-A-Mattress filed U.S.
    Trademark Application Serial No. 78/976,682, seeking to register the
    mark MATTRESS.COM for an "online retail store services Posted on Friday, December 18, 2009 at 11:14 am
Rank This Ths Week: 697

COPYRIGHT LAW and COPYRIGHT

COPYRIGHT LAW and COPYRIGHT INFORMATION

Reporting on news that affects copyright law, patents, trademarks,
intellectual property, fraud and identity theft in the U.S. and
abroad. Published by the editors and writers of ResearchCopyright.com

http://researchcopyright.blogspot.com/
  • Nov 01

    Chinese Writers Ask Copyright Com ...

    Chinese Writers Ask Copyright Compensation
    from Google
    The China Written Works Copyright Society (CWWCS) will send a letter
    to Google China to discuss over the latter's compensations to Chinese
    writers relating to copyright. Previously, Google Inc. (Nasdaq: GOOG |
    Quote | Chart | News | PowerRating) reached an agreement in the US,
    which aimed to come up with a regulation for the emerging e-book
    industry. However, the agreement irritated writers and publishers in
    Europe, which forbade Google to print European books published within
    150 years. Some believe that Posted on Sunday, November 1, 2009 at 9:35 pm
  • Oct 12

    Artists to Ask Administration to ...

    Artists to Ask Administration to Protect
    Copyright
    The Copyright Alliance and its grassroots network of creators today
    announced circulation among creators nationwide of a letter to
    President Obama and Vice President Biden, asking the Administration to
    pursue policies supportive of the rights of artists. "Artists and
    creators make important contributions not only to our society and
    culture, but also to our economy," said Lucinda Dugger, the Alliance's
    Director of Outreach. "Increasingly, creators are finding their work
    misappropriated, reproduced and Posted on Monday, October 12, 2009 at 5:08 am
  • Oct 12

    Consequences of Plagiarism by Joh ...

    Consequences of Plagiarism by John Halasz
    Plagiarism is a wide-spread problem in academia, and its personal and
    societal consequences are equally diverse. Although the penalties for
    plagiarism vary among different academic institutions, it is not
    acceptable in any college or university. Consequences may range from a
    simple warning to being expelled from the school. Personal
    Consequences of plagiarism On a personal level, being caught
    plagiarizing can be quite embarrassing. People usually view those who
    plagiarize as being a fraud or phony, a Posted on Monday, October 12, 2009 at 5:07 am
Rank This Ths Week: 701

Ex(c)lusive Rights

Ex(c)lusive Rights

A copyright law blog covering litigation, policy and academia. By
Shourin Sen.

http://www.exclusiverights.net
  • Feb 09

    DOJ Amicus in Google Books: Despi ...

    DOJ Amicus in Google Books: Despite
    substantial progress, substantial issues
    remain
    On Thursday, the Department of Justice filed an amicus brief in the
    Google Books Settlement litigation arguing against the adoption of the
    proposed amended settlement agreement. The brief recognized the
    promise of the proposal and the substantial progress made from the
    original settlement proposal, but noted that antitrust concerns
    remain: As the United States noted in its September 18, 2009 Statement
    of Interest (D.E. 720) ("U.S. SOI"), widespread lawful electronic
    distribution and use of copyrighted Posted on Tuesday, February 9, 2010 at 7:44 am
  • Feb 09

    Bombay High Court: Authority to g ...

    Bombay High Court: Authority to grant
    compulsory licenses exclusively vested with
    Copyright Board
    Music Choice India Private Limited v. Phonographic Performance
    Limited, Appeal No. 150 of 2009 in Suit No. 2124 of 2007 (High Court
    at Bombay 2010) Music Choice India wanted to launch a 24 hour music
    channel in India that would only play music and static graphics. The
    broadcaster entered into negotiations with Phonographic Performance, a
    royalty collection society, for the necessary rights. The negotiations
    stalled (with Music Choice offering 4-7% of prorated net profits and
    Phonographic Performance Posted on Tuesday, February 9, 2010 at 7:44 am
  • Feb 06

    80's hit "Down Under" infringes " ...

    80's hit "Down Under" infringes "Kookaburra,"
    Australian Fed Court
    In early August, I mentioned a case Larrikin Music Publishing Pty Ltd
    v EMI Songs Australia Pty Limited pending in the Federal Court of
    Australia in Sydney. To briefly review, Larrikin, an Australian music
    publisher, alleged that the 1980s hit "Down Under" infringed it's
    copyright in the round "Kookaburra Sits in the Old Gum Tree." At the
    time, the Court found that Larrikin was the rightsholder of
    "Kookaburra," and the original author had not assigned the song to the
    Victorian Girl Guides in 1932. The Posted on Saturday, February 6, 2010 at 10:10 pm
Rank This Ths Week: 720

Internet Television Law Blog

Internet Television Law Blog

Covers the interaction between the law and the rise of internet
television.

http://internet-televisionlaw.blogspot.com/
  • Feb 08

    News Roundup - January 2010

    News Roundup - January 2010
    Baidu gets out of jail free Aussie censor balks at bijou boobs Sky 3D
    to launch in April Virgin Media to monitor music piracy Copyright,
    companies, individuals and news: the rules of the road Neutralize UK
    File-Sharing Legal Threats - Join TalkTalk 3 Strikes Coming To The
    United States Via The Back Door? Settlement Rejected in 'Shocking'
    RIAA File Sharing Verdict Med Student Turns to Test-Prep Piracy
    YouTube and Hulu dabble in for-pay vids MPs frozen out of super-secret
    copyright talks Piracy continues to Posted on Monday, February 8, 2010 at 4:27 am
  • Feb 08

    Funny Picture # 15

    Funny Picture # 15
    Funny copyright/piracy picture. Enjoy! Posted on Monday, February 8, 2010 at 4:27 am
  • Feb 08

    Funny Picture # 16

    Funny Picture # 16
    Funny copyright/piracy picture. Enjoy! Posted on Monday, February 8, 2010 at 4:27 am
Rank This Ths Week: 722

Maryland Intellectual Property Law

Maryland Intellectual Property Law Blog

Provides news, analysis of important case law, summaries of pending
litigation, statistical information, and commentary relating to
intellectual property issues affecting Maryland businesses and
individuals. By Brian Wm. Higgins.

http://www.marylandiplaw.com/
  • Dec 13

    Vacating Previous Judgment, Maryl ...

    Vacating Previous Judgment, Maryland Court
    Finds MENSA Trademark Famous After All
    American Mensa, Ltd. v. Inpharmatica, Ltd. et al., No. 07-3283 (D. Md
    filed Dec. 6, 2007); assigned to J. Quarles In American Mensa v.
    Inpharmatic, the U.S. District Court for the District of Maryland, on
    a motion to vacate, issued an order (July 29, 2009) vacating its
    earlier final judgment that the MENSA trademark was not famous,
    finding good cause to do so. Previously, the U.S. district court had
    found that the MENSA trademark was not a household name like marks
    that have earned dilution protection, such Posted on Sunday, December 13, 2009 at 10:36 am
  • Dec 10

    Green Patent Applications To Get ...

    Green Patent Applications To Get Accelerated
    Examination at USPTO
    Today the U.S. Patent and Trademark Office (USPTO) announced it will
    pilot a program to accelerate the examination of certain "green"
    technology patent applications. Under the pilot program, patent
    applications meeting certain criteria will be accelerated in order to
    "further the development and deployment of green technology, create
    green jobs, and promote U.S. competitiveness," a USPTO press release
    said. Pending patent applications in green technologies will be
    eligible to be accorded special status and Posted on Thursday, December 10, 2009 at 5:00 am
  • Aug 25

    Maryland IP Jobs, Seminar Announc ...

    Maryland IP Jobs, Seminar Announcement, Kanye
    West Lawsuit
    Please visit the Maryland IP Jobs page for a list of Intellectual
    Property jobs in Maryland (if you would like to have an IP-related job
    in Maryland listed on this website--for free--please send me the
    information) Invotex Group's Michele Riley will be co-presenting a
    WEBINAR to the MD Bar Association - IP Section titled "Removing the
    Mystery: Damages in Intellectual Property Disputes" on Thursday,
    September 10, 2009 from 8:30 to 9:30 a.m. For more information, click
    here. A reader pointed out that in the Posted on Tuesday, August 25, 2009 at 10:52 am
Rank This Ths Week: 797

Le blog du droit europeen des

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Feb 09

    Therasense v. Becton : de l'impor ...

    Therasense v. Becton : de l'importance de ne
    pas dire � l'USPTO le contraire de ce que
    l'on a dit � l'OEB
    Par Philippe Signore La décision récente Therasense v. Becton, de la
    Cour d'Appel pour le Circuit Fédéral, illustre l'importance pour les
    déposants de bien coordonner leurs examens devant l'OEB et l'USPTO.
    Dans cette affaire, le déposant d'une demande européenne avait pris
    position devant l'OEB sur l'interprétation d'une phrase
    («optionally, but preferably ») figurant dans sa demande. Plus tard,
    pendant l'examen d'une demande américaine (ne revendiquant d'ailleurs
    pas la priorité de la demande européenne), Posted on Tuesday, February 9, 2010 at 5:14 am
  • Feb 09

    Validation des acquis : résultats

    Validation des acquis : résultats
    La liste des candidats reçus � l'examen de validation des acquis
    (Art R421-1-1 CPI), session de février 2010, est disponible ici. Par
    ailleurs, toutes les informations sur la formation EQF organisée par
    le CEIPI du 25 au 27 mars � Saint-Ouen se trouvent sur le site du
    CEIPI. Vous avez jusqu'au 15 mars pour vous inscrire. Posted on Tuesday, February 9, 2010 at 5:14 am
  • Feb 06

    L'invention de la semaine

    L'invention de la semaine
    FR 2.934.440 MOTEUR A ENERGIE COSNTANTE (sic) Le dispositif présent
    permet d'obtenir un moteur a mouvement continu par l'intermédiaire
    D'aimants permanent au Néodymium. L'invention présente concerne un
    mouvement moteur continu,où l'énergie de base est l'énergie
    Magnétique. Cette énergie n'est en aucun cas consommé. Cette
    énergie stockée dans les aimants au Néodymium n'a qu'un seul
    objectif, c'est celui de Produire une force. (Je tiens a préciser
    dans cet abrégé qu'il est transcrit ici présent des laits Posted on Saturday, February 6, 2010 at 7:26 pm
Rank This Ths Week: 800

Copyright Litigation Blog

Copyright Litigation Blog

By Ray Dowd.

http://copyrightlitigation.blogspot.com/
  • Feb 06

    Oral Termination of License Agree ...

    Oral Termination of License Agreements, Jury
    Instructions and the Copyright Act
    Caballo Viejo - image courtesy Wikipedia - the song by Simon Diaz that
    inspired the Gypsy Kings' Bamboleo featured in a recent decision by
    the First Circuit Court of Appeals Latin American Music Company v.
    ASCAP, 2010 WL 324526 (1st Cir. 2010). At issue: we all know that
    Section 204 of the Copyright Act requires transfers of copyright
    ownership to be in writing, signed by the transferor. Section 204
    provides: § 204. Execution of transfers of copyright ownership (a) A
    transfer of copyright ownership, other Posted on Saturday, February 6, 2010 at 3:49 pm
  • Feb 04

    Egon Schiele's Dead City: Current ...

    Egon Schiele's Dead City: Current Issues In
    Nazi Art Looting and Recovery
    Egon Schiele's Dead City III, from the collection of Fritz Grunbaum
    when he was arrested by the Gestapo in 1938 and then died penniless in
    Dachau, currently at the Leopold Museum in Vienna, Austria NYSBA
    Sections: Entertainment, Arts & Sports and Law (EASL) Section
    Events http://www.nysba.org/ Egon Schiele's Dead City: Current Issues
    In Nazi Art Looting and Recovery March 24, 2010 6:00 to 8:00 p.m.
    Sotheby's Institute of Art 570 Lexington Ave., NYC 1.5 MCLE credits in
    Professional Practice Register Posted on Thursday, February 4, 2010 at 4:14 am
  • Feb 01

    Visual Artists Rights Act: Artist ...

    Visual Artists Rights Act: Artist Moral
    Rights in Unfinished Sculptural Works
    In Massachusetts Museum of Contemporary Art Foundation v. Buchel, ---
    F.3d ---, 2010 WL 297834 (1st. Cir. January 27, 2010), the First
    Circuit decided a case of first impression that decided a number of
    complex issues related to the Visual Artists Rights Act ("VARA"). I
    first wrote about the case here (Visual Artists Rights Act - Right to
    Display Works That Do Not Yet Exist - December 16, 2007). The case
    involved a Swiss installation artist, Christoph Buechel (The "u" in
    Buechel has an umlaut, but Blogger, Posted on Monday, February 1, 2010 at 12:14 pm
Rank This Ths Week: 805

Erik J. Heels

Erik J. Heels

Covers technology, law, baseball, and rock 'n' roll. By Erik J. Heels.

http://erikjheels.com
  • Feb 06

    Drawing That Explains Contact Syncing

    Drawing That Explains Contact Syncing
    Email is social networking glue. It is difficult to sync your
    contacts. Email, social networking, mobile devices. Each has its own
    set of contacts. One may or may not be able to sync with the other. I
    drew this drawing to keep track of where my data is, where I want it
    to be, and how to connect it all together. Every month, I perform the
    following 14 tasks to sync my contacts. Export a CSV file of new
    contacts from my Email Service Provider (ESP) to my contacts database.
    I used to use Constant Contact for Posted on Saturday, February 6, 2010 at 7:24 am
  • Jan 31

    LawLawLaw 2009-01-29

    LawLawLaw 2009-01-29
    Apple vs. Google, Bilski, Recession Ending? Greetings, Welcome to the
    latest installment of my LawLawLaw newsletter. 2010 is the 10th year
    of the newsletter, and for this issue, I'm going retro: plain text, no
    graphics. I'm also using MailChimp for delivery. Why the name
    LawLawLaw? Originally, LawLawLaw mapped nicely onto intellectual
    property law's three areas: patent law, trademark law, and copyright
    law. Plus I owned the lawlawlaw.com domain name, so it was an easy
    choice! Over the years, LawLawLaw has Posted on Sunday, January 31, 2010 at 4:43 pm
  • Jan 28

    How Real Life Interfered With My ...

    How Real Life Interfered With My Social
    Networking Fun
    Don't sweat the small stuff. In 2009, my social networking fun was
    interrupted by Big Stuff: my wife and I decided to amicably divorce.
    We sold our big house in Acton, moved into two separate places, and
    are spending 2010 starting over. Why do I blog about this? Three
    reasons. First, to remind my readers (and myself) how precious life,
    friends, and family are. Life is a house of cards. It takes very
    little to disrupt what we consider to be normal. Death, disease,
    injury, unemployment, recession, war, or Posted on Thursday, January 28, 2010 at 1:39 pm
Rank This Ths Week: 811

IP Law Observer

IP Law Observer

Covers patent, copyright, trademark, trade secret and privacy law. By
Folger Levin & Kahn.

http://www.iplawobserver.com/
  • Sep 30

    Failure to Provide Detailed Exper ...

    Failure to Provide Detailed Expert Analysis
    of Hypothetical Royalty Negotiations Causes
    Reversal of Damages Award Against Microsoft
    Case: Lucent v. Gateway, Dell and Microsoft, Fed Cir. No. 08-1485
    (9/11/09) The One Sentence Summary: Lump sum reasonable royalty
    damages award was not supported by evidence where plaintiff's expert
    analysis had flaws including not using comparable licenses, and not
    addressing the small contribution that the patented date picker
    function made to the success of Microsoft's Outlook program. What They
    Were Fighting About: Microsoft appealed a patent infringement damages
    award for $357,693,056.18. The patent Posted on Wednesday, September 30, 2009 at 3:23 pm
  • Sep 30

    Price Disclosed By Plaintiff to C ...

    Price Disclosed By Plaintiff to Customer
    Without Obligation of Confidentiality Was Not
    Plaintiff's Trade Secret
    Case: Southwest Stainless, LP v. Sappington, 10th Cir. No. 08-5127
    (9/21/09) The One Sentence Summary: The panel affirmed damage and
    injunction awards in a case to enforce non-compete agreements under
    Oklahoma law, but reversed a trade secret finding based upon
    disclosure of a price to a customer without obligations not to
    disclose the price. What They Were Fighting About: In an action to
    enforce non-competition agreements against former employees, there was
    a verdict for plaintiffs on trade secret and Posted on Wednesday, September 30, 2009 at 2:53 pm
  • Sep 28

    Corporate Reorganization Caused B ...

    Corporate Reorganization Caused Breach of
    Non-Transfer Provision of Software License
    Case: Cincom Sys., Inc. v. Novelis Corp., Sixth Cir. No. 07-4142
    (9/25/09) The One Sentence Summary: Corporate reorganization of
    licensee caused a transfer of copyright license that was prohibited by
    express terms of license and by federal common law. Posted on Monday, September 28, 2009 at 5:13 pm
Rank This Ths Week: 843

Digital Media Lawyer Blog

Digital Media Lawyer Blog

Covers consumer electronics, licensing, DMCA and internet decency and
defamation. By David Johnson of Jeffer Mangels Butler & Marmaro
LLP.

http://www.digitalmedialawyerblog.com/
  • Feb 07

    Williams v. MetroPCS: Consumer Ca ...

    Williams v. MetroPCS: Consumer Cannot be
    Bound by Terms of Contract She Never Received
    While some courts are willing to enforce click-wrap or browse-wrap
    agreements that a consumer may have never read, a Federal judge in the
    Southern District of Florida drew the line at enforcing an agreement
    that a consumer never received. The case is Williams v. MetroPCS
    Wireless, Inc., S.D. Fla, No. 1:09-cv-22890, Order (Jan. 5, 2010), a
    proposed class action against a pre-paid wireless phone carrier. The
    complaint alleged that MetroPCS marketed itself as a provider of
    unlimited nationwide coverage, but Posted on Sunday, February 7, 2010 at 4:31 pm
  • Feb 05

    The FTC's Privacy Initiatives Pos ...

    The FTC's Privacy Initiatives Pose a Threat
    to Online Behavioral Advertising, Despite the
    Lack of a Clear Congressional or Public
    Mandate
    Digital media law update: The FTC has been working on Internet privacy
    policy since at least 1995. It is currently engaged in a series of
    roundtables focusing on privacy and behavioral advertising. However,
    the shape of any new regulations is very fuzzy. This may be because
    the data is conflicting on the public's true interest in the issue, as
    well as the lack of a clear Congressional mandate. At the FTC's
    December 2009 privacy roundtable, panelists raised concerns that
    collection and third party use of Posted on Friday, February 5, 2010 at 5:51 am
  • Jan 27

    Apex Technology v. Doe: May a Cou ...

    Apex Technology v. Doe: May a Court Enter an
    Injunction Requiring an ISP to Take Down an
    Allegedly Defamatory Third Party Post?
    Communications Decency Act update: A New Jersey Superior Court judge
    recently evoked controversy among First Amendment and media law
    experts by ordering GoDaddy, Domains by Proxy, ASP.net and Verisign to
    "shut down and disable" three websites which published allegedly
    defamatory posts. See Apex Technology Group, Inc. v. Doe, N.J.
    Superior Ct., Law Division, Middlesex County, No. MID-L-7878-09, Order
    (Dec. 23, 2009). The preliminary injunction order was issued based on
    the plaintiffs' claim that it had been Posted on Wednesday, January 27, 2010 at 2:03 am
Rank This Ths Week: 856

MassLawBlog.Com

MassLawBlog.Com

Covers IP, business litigation, Internet Law, antitrust and practice
in the Massachusetts state and federal courts. By Lee Gesmer.

http://www.masslawblog.com
  • Feb 03

    Defendant Choses a New Trial in M ...

    Defendant Choses a New Trial in Minnesota
    File Sharing Case
    When I wrote about the trial judge's remittitur order in the Jamie
    Thomas case last week, I didn't mention that a legal aspect of
    remittitur is that the defendant may accept it, or reject it and
    demand a new trial. I now understand that the defendant in this case
    has not accepted the judge's remittitur, and has informed the court
    that she elects instead to proceed with a new trial. This would be the
    third trial in this case, since the first was set aside by the judge
    following verdict. Obviously, this Posted on Wednesday, February 3, 2010 at 7:34 pm
  • Feb 03

    Judge Young, Bulger/Flemmi and "T ...

    Judge Young, Bulger/Flemmi and "The
    Government - Our Government"
    U.S. Federal District Court Judge William Young has issued a lengthy
    decision, awarding $2.7 million in damages to the estates of three
    people murdered by James J. Bulger, Stephen J. Flemmi, and their
    associates. Judge Young describes the story as "harrowing," which may
    be an understatement. The key defendant in this case is the U.S.
    Government, which will foot the bill if the decision survives appeal.
    Here are some quotes, pulled from the opinion, which is linked in all
    of its gory detail at the bottom of Posted on Wednesday, February 3, 2010 at 7:34 pm
  • Jan 28

    Judge Young Issues Mea Culpa on E ...

    Judge Young Issues Mea Culpa on Expert
    Witness Testimony in Patent Case, Orders a
    Do-Over
    Massachusetts U.S. District Court William Young has been teaching
    evidence law for as long as I can recall, even as far back as his
    pre-federal court days, when he was on the Superior Court bench (Judge
    Young was appointed to the federal bench in 1985, and had been a
    Massachusetts Superior Court Judge from 1978 to 1985). So it comes as
    a surprise to many when Judge Young admits he made an evidence-related
    error during a recent patent trial, and that as a result he will order
    a new trial. The case is Posted on Thursday, January 28, 2010 at 1:55 pm
Rank This Ths Week: 864

The IP ADR Blog

The IP ADR Blog

Covers issues relating to resolving intellectual property disputes
through ADR. Published by Eric Van Ginkel, Les Weinstein, Michael
Young, and Victoria Pynchon of Intellectual Property ADR Services.

http://www.ipadrblog.com/
  • Jan 09

    The IP ADR Blog Continues

    The IP ADR Blog Continues
    As I mentioned in my last post, I decided to more or less abandon the
    IP ADR Blog and pursue a more general blog about Commercial ADR,
    including arbitration and mediation, focusing on the business of
    business and the substantive laws with which business people and their
    lawyers must grapple, recommending litigation in some cases,
    arbitration occasionally and mediation and settlement (a lot!) One of
    the long-standing members of the IP ADR Blog and IPADR.COM, as well as
    my good friend and Straus Institute Posted on Saturday, January 9, 2010 at 3:58 am
  • Dec 16

    Insurance Coverage for Trademark ...

    Insurance Coverage for Trademark Infringement
    Actions
    Whether a commercial case can be settled or not often depends upon the
    existence of insurance coverage. This opinion - answering the question
    "yes" for a trademark infringement action - was sent down by the
    California Court of Appeal today. Caveat reader: I haven't read the
    case yet and am only providing the summary provided by a local legal
    rag below (I'll come back to this). Where insurance policy defined
    covered "advertising injury" as "injury arising out of one or more of
    the following offenses: a) oral Posted on Wednesday, December 16, 2009 at 1:30 am
  • Dec 16

    Von Dutch Tradename Settlement Gi ...

    Von Dutch Tradename Settlement Gives Rise to
    Legal Malpractice Action and Questionable
    Mediation Confidentiality Decision
    by Michael D. Young Here we go again. A California appellate court has
    judicially created another exception to mediation confidentiality --
    this one for alleged attorney malpractice occurring during the
    mediation but outside the presence of the mediator or opposing
    parties. Cassel v. Superior Court (.pdf). Essentially, the court (in a
    2-1 vote) holds that a communication with one's attorneys only -- one
    that does not involve the mediator or the opposing party -- is not
    part of the mediation process, does Posted on Wednesday, December 16, 2009 at 1:30 am
Rank This Ths Week: 877

Likely to be Confused â€" The Softer

Likely to be Confused â€" The Softer Side
of IP Law

Highlights recent appellate court decisions involving trademark, trade
dress, copyright, and related issues. By Tom Casagrande.

http://secondarymeaning.blogspot.com/
  • Jan 04

    Federal Circuit ruling on website ...

    Federal Circuit ruling on website-based
    trademark specimens
    In a mundane but useful decision, the Federal Circuit recently
    overturned the PTO's "bright-line rule that a trademark specimen of
    use taken from a website must contain a picture." In In re Sones, No.
    2009-1140 (Fed. Cir. Dec. 23, 2009), the specimen consisted of two
    webpage print-outs. One was a page from a website advertising a
    "charity bracelet" under the asserted mark "ONE NATION UNDER GOD™."
    There was no picture of the bracelet on the webpage, only a
    placeholder icon stating "Photo not available." This Posted on Monday, January 4, 2010 at 6:33 pm
  • Dec 23

    2d Circuit Federal Trademark Dilu ...

    2d Circuit Federal Trademark Dilution Act
    decision in Starbucks v. Charbucks dispute
    The Second Circuit today revived Starbucks' Federal Trademark Dilution
    Act (FTDA) claim against the mark CHARBUCKS, but affirmed a judgment,
    entered after a bench trial, dismissing Starbucks' federal
    infringement and New York state dilution claims. In Starbucks Corp. v.
    Wolfe's Borough Coffee, Inc., No. 08-3331-cv (Dec. 3, 2009), the
    Second Circuit found that the district court erred in ruling against
    Starbucks on the FTDA claim when it held that the "similarity" factor
    in the FTDA claim requires that the Posted on Wednesday, December 23, 2009 at 12:36 am
  • Nov 18

    7th Circuit decision on who gets ...

    7th Circuit decision on who gets to
    "copyright" derivative works
    Here's a good lesson in how to bite the hand that previously fed you.
    In Schrock v. Learning Curve Int'l, Inc., No. 08-1296 (7th Cir. Nov.
    5, 2009), the owner of copyrights in toy characters licensed a company
    to make the toys. The toy maker then licensed a photographer to take
    photos of the toys for marketing purposes. When the toymaker stopped
    using the photographer, the photographer registered the photos and
    sued the character owner and the toymaker for copyright infringement
    for continuing to use the Posted on Wednesday, November 18, 2009 at 6:00 pm
Rank This Ths Week: 890

Georgia Patent Law Blog

Georgia Patent Law Blog

Provides summaries of patent-related opinions and orders by the U.S.
District Court for the Northern District of Georgia. By Coby Nixon.

http://www.georgiapatentlaw.com/
  • Dec 18

    Order Granting Motions for Summar ...

    Order Granting Motions for Summary Judgment
    of Invalidity and Non-Infringement
    Auction Management Solutions, Inc. v. Manheim Auctions Inc., et al.,
    1:05-cv-00639 (N.D. Ga. March 24, 2009) (Story, J.) Ruling on several
    motions for summary judgment, the Court first held that the claims of
    the patent-in-suit, which related to a software system for
    facilitating auctions, were invalid based on the public use and
    on-sale bars. The Court also found, in the alternative, that the
    claims were invalid because the specification failed to enable the
    full scope of the claims and failed to satisfy Posted on Friday, December 18, 2009 at 2:30 pm
  • Dec 18

    Order Denying Motions to Strike E ...

    Order Denying Motions to Strike Expert
    Reports
    Chemfree Corp. v. J. Walter, Inc., et al., 1:04-cv-03711 (N.D. Ga.
    March 27, 2009) (Camp, J.) Plaintiff argued that the expert report
    offered by the Defendant on non-enablement failed to satisfy the
    minimum requirements for expert reports under Federal Rule of Civil
    Procedure 26(a)(2)(B), improperly sought to expand the scope of
    Defendant's enablement theories, and contained experimental results
    that contradicted results submitted in an earlier expert report. Judge
    Camp rejected each of these arguments and Posted on Friday, December 18, 2009 at 2:30 pm
  • Dec 18

    Order on Motion to Strike

    Order on Motion to Strike
    Fitel USA Corp., et al. v. Fibercore, Inc., et al., 1:02-cv-02149
    (N.D. Ga. March 30, 2009) (Pannell, Jr, J.) Plaintiff moved to strike
    portions of Defendant's motion for summary judgment, as well as
    certain witness declarations submitted in support of Defendant's
    motion. The Court granted Plaintiff's motion in-part, and ordered that
    Defendant refile its summary judgment pleadings without any language
    or statements of fact concerning Defendant's alleged efforts to
    design-around the asserted patents and Posted on Friday, December 18, 2009 at 2:30 pm
Rank This Ths Week: 891

Arborlaw Blog

Arborlaw Blog

Provides business and intellectual law commentary for entrepreneurs
and small business. From Arborlaw PLC.

http://arborlaw.biz/blog
  • Feb 04

    The iPad may not be a netbook …

    The iPad may not be a netbook …
    The iPad may not be a netbook or a smart phone, but my 80-year old
    mother wants one. Another Wii-like mature market in the making?
    Copyright © 2010 a r b o r l a w. This Feed is for personal
    non-commercial use only. If you are not reading this material in your
    news aggregator, the site you are looking at is guilty of copyright
    infringement. Please contact legal@arborlaw.biz so we can take legal
    action immediately. Plugin by Taragana \\\"arborlaw - legal services
    for 21st century businesses\\\" Posted on Thursday, February 4, 2010 at 11:52 am
  • Feb 04

    I am currently looking for any…

    I am currently looking for any…
    I am currently looking for any resources on #JSOX compliance with
    regard to intellectual property portfolio management. Thanks!
    Copyright © 2010 a r b o r l a w. This Feed is for personal
    non-commercial use only. If you are not reading this material in your
    news aggregator, the site you are looking at is guilty of copyright
    infringement. Please contact legal@arborlaw.biz so we can take legal
    action immediately. Plugin by Taragana \\\"arborlaw - legal services
    for 21st century businesses\\\" Posted on Thursday, February 4, 2010 at 11:52 am
  • Jan 23

    Why would your employer plan stil ...

    Why would your employer plan still allow
    denial of claims after health reform?
    Why would your employer plan still allow denial of claims after health
    reform? Existing federal law-ERISA (good point) http://bit.ly/nUtW
    Copyright © 2010 a r b o r l a w. This Feed is for personal
    non-commercial use only. If you are not reading this material in your
    news aggregator, the site you are looking at is guilty of copyright
    infringement. Please contact legal@arborlaw.biz so we can take legal
    action immediately. Plugin by Taragana \\\"arborlaw - legal services
    for 21st century businesses\\\" Posted on Saturday, January 23, 2010 at 1:05 am
Rank This Ths Week: 897

Canadian Trademark Blog

Canadian Trademark Blog

Commentary on Canadian trademarks & technology law. From Neil
Melliship, Larry Munn and Karen Monteith of the Canadian law firm
Clark Wilson LLP.

http://www.trademarkblog.ca
  • Feb 09

    Olympic Flag Flap

    Olympic Flag Flap
    With the clock ticking towards the start of the Vancouver Olympic
    Winter 2010 Games next Friday, some athletes have already arrived in
    the City and moved into the Olympic Athletes' Village. Amongst these
    are members of the Australian Olympic Team, who have already found
    themselves in some in hot water with the International Olympic
    Committee ("IOC'). According to a recent story, team members have hung
    a 50-metre flag, depicting a boxing kangaroo, on the side of one of
    the housing complexes in the Olympic Posted on Tuesday, February 9, 2010 at 4:19 am
  • Feb 06

    Proposed Practice Notices: Profes ...

    Proposed Practice Notices: Professional
    Designations and Abbreviations, Acronyms and
    Initials
    The Canadian Intellectual Property Office has initiated two short
    consultations (January 29 to February 28, 2010) for proposed Practice
    Notices regarding section 12(1)(b) of the Trade-marks Act. Section
    12(1)(b) provides that "a trademark is registrable if it is not,
    whether depicted, written or sounded, either clearly descriptive or
    deceptively misdescriptive in the English or French language of the
    character or quality of the wares or services in association with
    which it is used or proposed to be used or Posted on Saturday, February 6, 2010 at 6:34 pm
  • Jan 22

    Limiting Extensions of Time in Ex ...

    Limiting Extensions of Time in Examination
    Further to an earlier post, the Canadian Intellectual Property Office
    ("CIPO") has announced a change in practice with respect to the
    granting of extensions of time in examination. This new Practice
    Notice will come into effect on March 11, 2010. Currently, responses
    to examiner's reports are due within six months of the date of
    issuance of the report. Under the changed practice, CIPO will grant an
    applicant one extension of time up to a maximum of six months to
    respond to the examiner's report, "if the Posted on Friday, January 22, 2010 at 11:30 am
Rank This Ths Week: 907

LibraryLaw Blog

LibraryLaw Blog

Covers issues concerning libraries and the law. By Peter Hirtle,
Raizel Liebler, Mary Minow and Susan Nevelow Mart.

http://blog.librarylaw.com/librarylaw/
  • Jan 31

    NOLO Press - a Librarian's lifeline

    NOLO Press - a Librarian's lifeline
    I am a big fan of Nolo Press. When I talk to librarians about
    copyright, I invariably recommend Nolo titles. So when Nolo's Jennifer
    Balaco, Library Sales & Marketing Assistant contacted me, I asked
    her to put together a broader list of Nolo titles of special interest
    to librarians. Of course libraries should get ALL their titles for
    library patrons, but which ones are useful for librarians to draw on
    to answer questions they face in their own work? Below is the list
    Jennifer culled, and here's a Posted on Sunday, January 31, 2010 at 3:19 pm
  • Jan 28

    Great news! Digital Promise has f ...

    Great news! Digital Promise has funding to
    get started - mission is to fund
    education/library projects
    The Digital Promise Project, also known as the National Center for
    Research in Advanced Information and Digital Technologies, has
    announced that it is up and running with its initial $500,000 in
    funding. It was created by Congress in 2008, but was on hold until it
    its first seed money was allocated. Now that this is a reality, it can
    seek private funds as well as public funds, and will likely grow in
    size and importance. Its intent is to fund digital projects for
    universities, schools and libraries. It is Posted on Thursday, January 28, 2010 at 12:37 pm
  • Jan 22

    Copyright update webinar - today ...

    Copyright update webinar - today at noon
    (Pacific)
    New Copyright Tools and Best Practices: Copyright Law Update 2010 Log
    in to this webinar at
    http://infopeople.org/training/webcasts/webcast_data/348/index.html
    to: * Get updates on new copyright tools and best practices that can
    be helpful for libraries; * Learn the latest developments in copyright
    laws and cases, including the latest in the Google Book Search case,
    e-reserve and coursepack lawsuits. * Learn about a simple procedure to
    file with the Copyright Office to minimize liability for Posted on Friday, January 22, 2010 at 8:10 am
Rank This Ths Week: 921

The Invent Blog

The Invent Blog

Covers case law, inventors, patents and the USPTO. By Stephen M.
Nipper.

http://inventblog.com
  • Jan 25

    Patent blogger sued by invention ...

    Patent blogger sued by invention promoter
    Patent blogger Gene Quinn of IPWatchdog.com was sued yesterday by
    invention promotion company InventHelp. Gene wrote a post on his blog
    entitled "Invent Help Sues IPWatchdog Alleging they are Not a Scam"
    which has the complete story. In the post, Gene indicates that he is
    looking for information about InventHelp's practices from former
    Invent Help customers, as well as patent attorneys/agents. FYI, in
    case you have information for him. Related posts: Advent Product
    Development sued for fraud, improper and Posted on Monday, January 25, 2010 at 7:21 am
  • Jan 22

    Book Review - The Way Toys Work

    Book Review - The Way Toys Work
    Most larger cities have a "children's museum" where kids (and grown
    ups) can experience "hands on" science. Anything that teaches kids
    that science is cool is worth supporting! Our local children's museum
    is called the "Discovery Center of Idaho." For about ten years now, I
    have provided free patent searches to the winners of the Discovery
    Center's annual "Invent Idaho" science fair contest for elementary and
    middle school students. It has been a blast working with young kids
    that are so excited about Posted on Friday, January 22, 2010 at 8:11 am
  • Jan 22

    Why entrepreneurs hate lawyers

    Why entrepreneurs hate lawyers
    Read: Venture Hacks blog on Top 10 reasons why entrepreneurs hate
    lawyers. Note: Eight of his reasons are about failures to communicate,
    the other two are about money. Related posts: Five by Five - The
    Entrepreneurs Matt Homann (one of my favorite blawgers) has been
    doing... Interviews with famous entrepreneurs Have you checked out
    nPost.com? They have an extensive list... Posted on Friday, January 22, 2010 at 8:11 am
Rank This Ths Week: 924

Who Is Your Lawyer?

Who Is Your Lawyer?

Covers intangible assets, fair use and parody. By Robert Scott
Lawrence.

http://www.whoisyourlawyer.com
  • Feb 08

    The Busy Executive's Guide to Sel ...

    The Busy Executive's Guide to Self-Defense
    (Against Hackers)
    In her new guide for corporate management, Enterprise Security for the
    Executive: Setting the Tone From The Top, Jennifer Bayuk, former head
    of information security for Bear Stearns, contends that assaults on
    corporate security over the Internet continue to put valuable
    corporate assets at risk, and offers guidance for measuring, [...] Posted on Monday, February 8, 2010 at 2:41 pm
  • Feb 08

    McDonald's sues teen over use of ...

    McDonald's sues teen over use of "McFest"
    A Chicago teenager suddenly finds herself embroiled in a trademark
    dispute with McDonald's Corp. over her use of the name McFest for an
    annual charity concert featuring high school and college bands.
    Although the concert, which raises money for the Special Olympics, has
    been promoted under the McFest name since 2007, and the teen's surname
    [...] Posted on Monday, February 8, 2010 at 2:41 pm
  • Feb 08

    Baidu Beats Piracy Charges

    Baidu Beats Piracy Charges
    A Chinese court found no wrongdoing by Baidu in a copyright
    infringement case launched against the largest search engine in China
    some two years ago by Universal Music, Sony BMG Music Entertainment
    Hong Kong and Warner Music Hong Kong. The Beijing court ruled that the
    search engine had not broken the law [...] Posted on Monday, February 8, 2010 at 2:41 pm
Rank This Ths Week: 929

California Biotech Law Blog

California Biotech Law Blog

Covers biotech dealmaking, disputes, and patents. By the Prinz Law
Office.

http://californiabiotechlaw.com
  • Dec 05

    Genentech and Roche Agree on Acqu ...

    Genentech and Roche Agree on Acquisition
    Deal; Employees End Up as Big Winners
    On Thursday, an agreement on the prospective deal we have been
    discussing for months finally was reached: Roche formally agreed to
    acquire Genentech for $95 per share at a total price of $46.8 billion.
    Who came out the big winner here? Well, while Roche ended up with the
    Genentech pipeline prize, it has been suggested that the real winners
    are the Genentech employees and of course all of the Genentech
    investors. The San Francisco Business Journal reported on the deal as
    follows: On paper, Roche appears to Posted on Saturday, December 5, 2009 at 11:30 am
  • Dec 05

    Gilead Sciences to Buy CV Therape ...

    Gilead Sciences to Buy CV Therapeutics for
    $1.4 Billion
    Gilead Sciences has agreed to buy Palo Alto-based CV Therapeutics for
    $1.4 billion dollars. According to SF Gate, Gilead Sciences will pay
    $20 per share for CV Therapeutics, which reported $154.5 million in
    revenue in 2008. Most of that revenue comes from Ranexa, a drug from
    chronic angina. Is this a good deal for Gilead Sciences? Well, SF Gate
    reported that a Citi investment research analyst backed the deal as
    making "strategic sense" but described the price as "very steep." The
    Mercury News explained the Posted on Saturday, December 5, 2009 at 11:30 am
  • Dec 05

    Congress Reaches Compromise to Ex ...

    Congress Reaches Compromise to Extend SBIR
    The House and Senate have reached a compromise to extend SBIR through
    July 31, 2009, according to a report that broke late this evening by
    the SBIR Insider. The SBIR Insider reports that the House will
    originate the bill and that the legislation will amend PL 110-235 (the
    current CR), which expires on March 20, 2009. The compromise was
    announced on the same day that President Obama announced his new plan
    to assist small businesses. The President's plan is intended to
    unfreeze the credit markets for small Posted on Saturday, December 5, 2009 at 11:30 am
Rank This Ths Week: 934

The Law of the Game

The Law of the Game

Covers video games, gambling and other legal discussions. By Mark
Methenitis.

http://lawofthegame.blogspot.com/
  • Jan 29

    Law of the Game on Twitter

    Law of the Game on Twitter
    I'm pleased to announce that Law of the Game is now on Twitter at
    http://twitter.com/LawoftheGame. While I don't expect the feed to be
    extremely active, it will contain short thoughts from conferences as I
    attend them and links to the latest Law of the Game and LGJ content,
    which may be more convenient for some than following via RSS or e-mail
    subscription. Disclaimer The content of this blog is not legal advice.
    It only constitutes commentary on legal issues, and is for educational
    and informational Posted on Friday, January 29, 2010 at 8:55 am
  • Jan 29

    Will Currency Hedges Be Key in th ...

    Will Currency Hedges Be Key in the Global
    Microtransaction Model?
    I was chatting with Zack Karlsson and Stephanie O'Malley Deming at
    Game::Business::Law last evening, and the topic of currency hedging
    came up. The discussion was certainly interesting, but unfortunately
    short lived, and I thought it might serve as an interesting point to
    examine. While hedging has been going on to mitigate risk in the
    global market for quite some time, the broader question may well be
    how currency analysis may be the next big step in managing a global
    micro-transaction model. It may very Posted on Friday, January 29, 2010 at 8:55 am
  • Jan 29

    LGJ: Wait, it's not a derivative?

    LGJ: Wait, it's not a derivative?
    This week's LGJ takes another look at NBA Jam and examines a rare
    example of a sequel potentially not being a derivative. Read on!
    Disclaimer The content of this blog is not legal advice. It only
    constitutes commentary on legal issues, and is for educational and
    informational purposes only. Reading this blog, replying to its posts,
    or any other interaction on this site does not create an
    attorney-client privilege between you and the author. The opinions
    expressed on this site are not the opinions of The Posted on Friday, January 29, 2010 at 8:55 am
Rank This Ths Week: 952

TradeMark Express: A Daily Blog

TradeMark Express: A Daily Blog

Covers issues pertaining to trademarks, copyrights, patents and
starting a business. By Shannon Moore.

http://tmexpress.blogspot.com/
  • There is no posts on this blog.
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Rank This Ths Week: 956

Promote the Progress

Promote the Progress

Covers worldwide patent law and policy. By J. Matthew Buchanan.

http://promotetheprogress.com/blog
  • Jan 04

    Creative Commons wine - Share

    Creative Commons wine - Share
    We enjoyed a delicious 2007 Pinot Noir from Joseph Carr Wines over the
    holiday. The beautifully simple instructions on the back label - share
    - have a Creative Commons feel to them, don't you think? We complied,
    sharing with friends. And after a couple few glasses, I found myself
    wishing for an easy way to make perfect copies of the creation. No
    luck. Posted on Monday, January 4, 2010 at 6:41 pm
  • Dec 14

    Kappos on patent reform â€" legis ...

    Kappos on patent reform â€" legislation
    will absolutely reduce application pendency
    Looking at the recent decline in patent applications from US
    businesses, this CNNMoney article claims that innovation is the latest
    victim of the recession. The article examines several peripheral
    issues related to the decline in filings, including the application
    backlog at the Patent and Trademark Office. Calling it a "vicious
    cycle," the article notes that the backlog operates to "further
    discourage patent filers." Pointing to the pending patent reform
    legislation, USPTO Director David Kappos offers a Posted on Monday, December 14, 2009 at 8:09 am
  • Dec 23

    The USPTO Practitioner Maintenanc ...

    The USPTO Practitioner Maintenance Fee - Back
    on the table?
    Remember the USPTO proposal that would require patent practitioners to
    pay an annual fee to maintain their license? The practitioner
    maintenance fee surfaced in November of 2008 when the outgoing Dudas
    administration pulled it from the shelf - it was published in draft
    form nearly five years earlier - and fast-tracked it to final form. At
    the time, the sudden appearance of the final rule in the waning days
    of the administration looked like a desperate move to put a new
    regulation on the books as the Posted on Wednesday, December 23, 2009 at 12:54 am
Rank This Ths Week: 957

The University of Chicago Law School

The University of Chicago Law School Faculty
Podcast

Listen to lectures by and discussions with the faculty of the
University of Chicago Law School.

http://www.law.uchicago.edu/facultypodcast.rss
  • Jan 29

    Panel Discussion: Easterbrook on ...

    Panel Discussion: Easterbrook on Contracts
    and Copyright
    This panel discussion was the first in a series of three events,
    initiated by the University of Chicago Law Review, celebrating Judge
    Frank Easterbrook's 25 years on the 7th Circuit Court of Appeals. The
    panel, which featured professors Omri Ben-Shahar, Randy Picker, Eric
    Posner and Judge Easterbrook, was held on January 11, 2010. Posted on Friday, January 29, 2010 at 1:05 pm
  • Jan 29

    Panel Discussion: Easterbrook on ...

    Panel Discussion: Easterbrook on the
    Constitution
    This panel discussion was the second in a series of three events,
    initiated by the University of Chicago Law Review, celebrating Judge
    Frank Easterbrook's 25 years on the 7th Circuit Court of Appeals. The
    panel, which featured professors Aziz Huq, Jonathan Masur, Geoffrey
    Stone, and Judge Easterbrook, was held on January 12, 2010. Posted on Friday, January 29, 2010 at 1:05 pm
  • Jan 29

    Panel Discussion: Easterbrook on ...

    Panel Discussion: Easterbrook on Statutes
    This panel discussion was the second in a series of three events,
    initiated by the University of Chicago Law Review, celebrating Judge
    Frank Easterbrook's 25 years on the 7th Circuit Court of Appeals. The
    panel, which featured professors Douglas Baird, Saul Levmore, Martha
    Nussbaum, David Strauss, and Judge Easterbrook, was held on January
    13, 2010. Posted on Friday, January 29, 2010 at 1:05 pm
Rank This Ths Week: 995

Honoring the Inventor

Honoring the Inventor

Spotlights inventors and patents.

http://honoringtheinventor.blogspot.com/
  • Jan 06

    Smith & Wesson IP

    Smith & Wesson IP
    Springfield, MA-based Smith & Wesson has 123 U.S. patents and
    patent apps, see them here. Their latest was from 11/17/2009 titled
    Fire Control Mechanism for a Firearm, #7,617,628 [the lone inventor
    for this patent is the prolific Brett Curry]-- A firearm includes a
    frame and a slide. A firing mechanism for the firearm includes a
    striker-type firing pin, a trigger, and a trigger bar. A sear inside
    the frame is pivotally balanced about a central fulcrum, and is biased
    in a first pivotal direction by a Posted on Wednesday, January 6, 2010 at 9:42 pm
  • Dec 19

    Inventor Jacques Cousteau

    Inventor Jacques Cousteau
    Jacques Cousteau received his first U.S. patent in 1949, called Diving
    Unit. Over his long life, he garnered a total of 16 U.S. patents. The
    last was Apparatus for Producing a Force When in a Moving Fluid, from
    12/23/1986-- A device for producing a force when in a moving fluid,
    such as air or water, and a method for using said device. The device
    may be placed in a fluid moving in a first direction for producing a
    force in a second direction, which is substantially transverse with
    respect to the first Posted on Saturday, December 19, 2009 at 1:30 am
  • Dec 19

    Blackwater IP

    Blackwater IP
    Blackwater (Moyock, NC) is pretty controversial. But like them or not,
    they have IP-- eleven U.S. patents and patent apps, see them all here.
    Consider Target System, from 5/30/2006, invented by Jim Dehart-- A
    target system provides a unified target solution where a plurality of
    targets are fixed to a base member. This base member allows, for
    example, easy portability of the plurality of targets as well as
    provides a mechanism for allowing multiple targets systems to be
    interconnected and interchanged. And Posted on Saturday, December 19, 2009 at 1:30 am
Rank This Ths Week: 1,002

IMPACT(r): Intellectual property and

IMPACT(r): Intellectual property and IT law
blog

Covers intellectual property, information technology, data protection
and freedom of information from a UK perspective. By Freeth Cartwright
LLP.

http://impact.freethcartwright.com/
  • Oct 16

    Facebook Firsht

    Facebook Firsht
    Creation of a fake profile on Facebook - the popular social networking
    website - by a former school friend has resulted in an award of
    £22,000 in damages to businessman Matthew Firsht and his company,
    Applause Store Productions. The case illustrates how a determined
    claimant can prove the source of internet posts. Background In July
    2007 Mr Firsht, the claimant, discovered that somebody had set up a
    Facebook profile in his name. The profile contained a mixture of true
    and false private material including Posted on Thursday, October 16, 2008 at 5:54 pm
  • Oct 16

    Police powers to gather phone and ...

    Police powers to gather phone and email data.
    The Government hasn't exactly had the best record of late when it
    comes to the way in which it handles personal data. It was in November
    2007 that the Chancellor Alastair Darling revealed that two
    unencrypted CD's containing the personal details of 25 million child
    benefit claimants and their parents had gone missing. Only a month
    later the Transport Secretary Ruth Kelly reported that the details of
    3 million learner drivers were lost when the hard drive on which they
    were recorded was misplaced in Iowa. In Posted on Thursday, October 16, 2008 at 5:49 pm
  • Oct 06

    GOOGLE REFUSES TO SUBMIT TO EUROP ...

    GOOGLE REFUSES TO SUBMIT TO EUROPE'S DATA
    PROTECTION REGIME:
    The Article 29 Workers Party has stated recently that Google considers
    that the European law on data protection is not applicable to itself,
    even though Google has servers and establishments in . It also asserts
    that Google wishes to retain personal data of users beyond the 6
    months period requested by the Article 29 Working Party, without any
    justification. The dispute centres on records of user's search
    queries. Google keeps these and uses them, it says, to improve the
    quality of search results, to fight Posted on Monday, October 6, 2008 at 3:27 pm
Rank This Ths Week: 1,007

Scholarly Communications @ Duke

Scholarly Communications @ Duke

Duke's source for advice and information about copyright and
publication issues

http://library.duke.edu/blogs/scholcomm
  • Feb 07

    LOL at the Federal Register

    LOL at the Federal Register
    It sounds very strange, but I really did find myself laughing as I
    read a long notice from the Copyright Office in volume 75, number 15
    (Jan. 25, 2010) of the Federal Register. Admittedly, some background
    is necessary to acquit me of the suspicion of insanity. The Copyright
    Office notice details a interim rule that makes an interesting change
    in Office policy. Essentially, the Office is now giving itself the
    right to ask for mandatory deposit of a certain class of online-only
    publications. Deposit is Posted on Sunday, February 7, 2010 at 6:28 am
  • Feb 04

    "Renewing copyright" and a reflec ...

    "Renewing copyright" and a reflection on
    versions
    In a post about two months ago I promised that I would offer a link to
    the article I wrote on reforming copyright law from the perspective of
    academic libraries. That article was published this month in portal:
    Libraries and the Academy, and is now also available in DukeSpace, the
    open access repository at the Duke Libraries. The full citation for
    the article is: Kevin L. Smith, "Copyright Renewal for Libraries:
    Seven Steps Toward a User-friendly Law," portal: Libraries and the
    Academy, Volume 10, Number 1, Posted on Thursday, February 4, 2010 at 7:02 pm
  • Jan 29

    Can we stream digital video?

    Can we stream digital video?
    I had not even had a chance to open my daily e-mail from Inside Higher
    Ed yesterday before four colleagues had sent me a link to this story
    about an educational video trade association forcing UCLA to halt its
    practice of streaming digitized video on course Web sites. Several
    suggested that I would surely want to blog about the story, and they
    were, of course, correct. The story contains some chilling rhetoric
    from the representative of the Association for Information and Media
    Equipment - intentional, I am Posted on Friday, January 29, 2010 at 4:09 pm
Rank This Ths Week: 1,012

All Things Pros

All Things Pros

A patent prosecution blog, with in-depth discussion of decisions by
the Board of Patent Appeals and Interferences (BPAI), prosecution
strategies, and PTO procedures. By Karen Hazzah.

http://allthingspros.blogspot.com/
  • Feb 09

    Case law you can use

    Case law you can use
    One of the benefits of reading BPAI decisions is that occasionally I
    see the Board citing specific case law supporting an argument that
    makes sense to me, but which I can't find addressed in the MPEP. For
    example, I cite In re Arkley for the proposition "the Examiner can't
    pick and choose from unrelated embodiments in an anticipation
    rejection." I couldn't find anything in the MPEP about this, but when
    I saw the Board refer to it in a decision, I started using this
    argument and citing the case. (See my Posted on Tuesday, February 9, 2010 at 2:58 am
  • Feb 09

    Case law you can use: improper fo ...

    Case law you can use: improper for Examiner
    to rely on the same structure to disclose two
    separate claimed elements
    Takeaway: The BPAI has interpreted Federal Circuit case law to say
    it's improper for the Examiner to rely on the same structure as
    disclosing two separate claimed elements. In several decisions where
    this issue arose, the Board used the following cites: Lantech, Inc. v.
    Keip Machine Co., 32 F.3d 542 (Fed. Cir. 1994)(in infringement
    context, a single conveyor held to not meet claim element requiring at
    least two conveyors). In re Robertson, 169 F.3d 743 (Fed. Cir.
    1999)(claim requiring three separate means Posted on Tuesday, February 9, 2010 at 2:58 am
  • Feb 06

    Does the BPAI have to decide on a ...

    Does the BPAI have to decide on all
    rejections in the case?
    From what I've seen, it's quite common for the BPAI to issue a new
    rejection under § 101. Not too surprising, since many claims now on
    appeal are obviously vulnerable under Bilski. But I just read a BPAI
    decision from a couple of weeks ago (Ex parte Lancefield) where the
    Board raised a § 101 rejection without deciding on the prior art
    rejections. Technically, they "vacated" the outstanding rejections and
    remanded back to the Examiner with both the old and the new
    rejections. Apparently the BPAI is taking a Posted on Saturday, February 6, 2010 at 5:17 pm
Rank This Ths Week: 1,018

PHOSITA

PHOSITA

Covers biotechnology, copyright, intellectual property, public policy,
licensing, patents, software and trademark. By Douglas Sorocco, J.
Matthew Buchanan and Laura C. Wood.

http://dunlapcodding.com/phosita
  • Jan 22

    IgniteOKC Sparks Creativity and R ...

    IgniteOKC Sparks Creativity and Rockin Good
    Time
    Everyone at Dunlap Codding is extremely proud of Emily E. Campbell and
    Michelle M. Llanderosos for the incredible work they undertook in
    organizing and spearheading the steering committee for Oklahoma City's
    first Ignite event - IgniteOKC (Twitter: @igniteokc). Dunlap Codding
    was thrilled to be able to sponsor the event, support the efforts of
    Emily and Michelle and encourage the efforts of everyone on the
    steering committee, including: Seth Spillman Dirk Keiser Michael To
    Blake Jackson Justin Briggs Tyler Posted on Friday, January 22, 2010 at 5:42 am
  • Sep 24

    Brands that are weird - Avoiding ...

    Brands that are weird - Avoiding the Waldo
    Paradox
    The Ignite phenomenon is bubbling up throughout the world and it is
    happening within the state of Oklahoma as well (yes, even Oklahoma!)
    Last week was the first Ignite Tulsa event and our own Emily Campbell
    dove into the fray with a talk entitled "How Not to be Waldo: Brands
    that Stand Out in a Crowd." I may be a bit biased - but she rocked it!
    Emily's mantra of "Be Weird, Be Different and Think Outside the Box"
    is a great way of thinking about your branding efforts and the need to
    stand out in a crowd. It Posted on Thursday, September 24, 2009 at 10:20 am
  • Sep 11

    IgniteOKC - Leadership Committee ...

    IgniteOKC - Leadership Committee Meeting
    Want to be a part of something cool in Oklahoma City? Well - come help
    us prepare for IgniteOKC. We will provide some snacks and drinks - you
    provide your brain and creativity. What is Ignite, you ask? Ignite is
    a community intellect exchange - it is an open forum to share your
    knowledge, learn what others think is cool and socialize. Ignite
    captures the best of geek culture in a series of five-minute speedy
    presentations on topics ranging from "The Best Way to Buy a Car" to
    "Hacking Chocolate." Imagine Posted on Friday, September 11, 2009 at 2:40 pm
Rank This Ths Week: 1,061

nerdlaw.org

nerdlaw.org

Covers intellectual property and technology news.

http://nerdlaw.org/
  • Jul 21

    Something for the

    Something for the
    Something for the Family Guy Fans Out There. PrawfsBlawg has this
    assessment of a recent court decision in a copyright infringement case
    brought by Arthur Metrano over a scene in the movie Stewie Griffin:
    The Untold Story. Posted on Tuesday, July 21, 2009 at 9:29 am
  • Jul 21

    All Google All

    All Google All
    All Google, All the Time. Alexander Macgillivray, Deputy General
    Counsel for Products and Intellectual Property at Google, returned to
    @berkmancenter today for an engaging discussion of the Google Book
    Settlement. And John Palfrey has an announcement about two upcoming
    events to discuss the settlement. Meanwhile, Google has gone where few
    have gone before by winning a libel case in the UK (although a website
    in Amsterdam wasn't that lucky). And finally, Ars Technica reports
    that Barnes & Noble has Posted on Tuesday, July 21, 2009 at 9:09 am
  • Jul 15

    I Couldn't Pass

    I Couldn't Pass
    I Couldn't Pass Up the Headline. The AmLaw Daily has this post today
    about the on-going legal battle between Tolkien's heirs and New Line
    Cinema regarding royalties from the Lord of the Rings trilogy. The
    headline? "Nerd Law Heaven." Posted on Wednesday, July 15, 2009 at 9:17 am
Rank This Ths Week: 1,062

InternetCases.com

InternetCases.com

Legal developments involving the Internet and new technologies.
Published by Evan Brown of Hinshaw & Culbertson LLP.

http://blog.internetcases.com
  • Jan 28

    Wait just a second . . . isn't on ...

    Wait just a second . . . isn't online
    gambling illegal?
    Wong v. Partygaming Ltd., - F.3d -, 2009 WL 4893955 (6th Cir. December
    21, 2009) The Sixth Circuit's recent opinion in the case of Wong v.
    Partygaming is interesting if you're a civil procedure wonk and care
    about things like which law applies to determine the enforceability of
    forum selection clauses in website terms and conditions and what
    factors a court should consider when dismissing a case on the basis of
    forum non conveniens. The most intriguing part of the case, however,
    comes from Judge Merritt's Posted on Thursday, January 28, 2010 at 4:15 am
  • Jan 28

    File extensions cannot be trademarks

    File extensions cannot be trademarks
    Autodesk, Inc. v. Dassault Systemes Solidworks Corp., 2009 WL 5218009
    (N.D. Cal. December 31, 2009) One of the issues in the case of
    Autodesk, Inc. v. Dassault Systemes Solidworks was whether Autodesk
    could claim trademark rights and the letters "DWG". The .dwg
    ("drawing") file extension is the native file format for Autodesk's
    flagship product AutoCAD. Plaintiff Autodesk moved for summary
    judgment on the trademark issue. The defendant pointed out that the
    trademark laws do not permit one to claim exclusive Posted on Thursday, January 28, 2010 at 4:15 am
  • Jan 22

    How Section 230 is like arson law ...

    How Section 230 is like arson laws when it
    comes to enjoining website operators
    The case of Blockowicz v. Williams, - F.Supp.2d -, 2009 WL 4929111
    (N.D. Ill. December 21, 2009), which I posted on last week is worthy
    of discussion in that it raises the question of whether website
    operators like Ripoff Report could get off too easily when they
    knowingly host harmful third party content. Immunity under 47 U.S.C.
    230 is often criticized for going too far in shielding operators.
    Under Section 230, sites cannot be treated as the publisher or speaker
    of information provided by third party Posted on Friday, January 22, 2010 at 5:35 am
Rank This Ths Week: 1,125

IP Blawg

IP Blawg

Covers copyright, life sciences, patent, trademark and trade secrets.
By Farella Braun + Martel.

http://iplaw.blogs.com/content/
  • Dec 31

    Federal Circuit's New Decision - ...

    Federal Circuit's New Decision - In re Tech
    Decision
    On December 29, 2008, the United States Federal Circuit Court of
    Appeals issued the extraordinary remedy of a writ of mandamus in In re
    TS Tech USA Corp. et al. ("TS Tech USA") (Misc. Dkt. No. 888) to
    reverse the denial of a motion to transfer a patent infringement
    action from the Eastern District of Texas to the Southern District of
    Ohio. The decision is significant in that the Federal Circuit's ruling
    weakens several of the arguments that have previously been used by
    plaintiffs to oppose motions to Posted on Wednesday, December 31, 2008 at 9:48 am
  • Dec 23

    January ABA IP Roundtable

    January ABA IP Roundtable
    Not Just for Hackers Anymore? Use of the Computer Fraud and Abuse Act
    to Respond to Theft of Information. January 21st - San Francisco
    location: Farella Braun + Martel January 22nd - Silicon Valley
    location: Garden Court Hotel, Palo Alto Information and registration
    at www.fbm.com/ABAIPRT A disgruntled departing employee can access
    computer infrastructure and copy or erase valuable files, resulting in
    devastating financial losses and significant disruption to a company's
    overall operations. In some Posted on Tuesday, December 23, 2008 at 10:00 pm
  • Dec 11

    Intellectual Property Litigation ...

    Intellectual Property Litigation Database
    Launched by Stanford University
    With much fanfare, the Stanford Law School Intellectual Property
    Litigation Clearinghouse ("IPLC") was launched on December 1. The IPLC
    is a searchable online database that provides statistical information
    on patent lawsuit filings and outcomes since 2000. The database also
    includes copyright and trademark suits, although there is not yet
    statistical information available on those types of cases, and will in
    the future include trade secret filings. While still very much a work
    in progress, the IPLC yields Posted on Thursday, December 11, 2008 at 9:30 pm
Rank This Ths Week: 1,138

Patent Troll Tracker

Patent Troll Tracker

Tracks patent litigation.

http://trolltracker.blogspot.com/
  • Feb 23

    Blogger, Revealed

    Blogger, Revealed
    Live by anonymity, die by anonymity. Yes, I have been unmasked. It
    happened quite the way this blog happened - I got an anonymous email,
    from the guy who probably collected the bounty, telling me I better
    tell everyone who I am (and he clearly knew), or else he would take
    care of it for me. The clear threat in the email is that he would do
    it in a way I wouldn't be happy about. I don't know what that means,
    but as I have been growing weary of anonymity anyway, here I am. So
    now that it's happened, let me Posted on Saturday, February 23, 2008 at 1:00 pm
  • Feb 22

    Desire2Appeal

    Desire2Appeal
    A Lufkin, Texas jury found for Blackboard in the Desire2Learn patent
    trial, finding the claims valid, infringed, and awarding $3.1 million
    in damages, according to Desire2Learn's blog and other newswires. News
    reports say that Blackboard sought $17 million. Ex parte and inter
    partes reexaminations have been ordered by the Patent Office (13
    months ago), but there have been no office actions in those reexams,
    despite the Patent Office's commitment to resolve reexaminations with
    "special dispatch." An Posted on Friday, February 22, 2008 at 4:20 pm
  • Feb 22

    Ted Frank on Patent Reform

    Ted Frank on Patent Reform
    Ted Frank is a resident fellow at the American Enterprise Institute
    for Public Policy Research and Director of the AEI Legal Center for
    the Public Interest, and a blogger-contributor to Overlawyered
    ("Chronicling the high cost of our legal system"). Frank authored an
    interesting paper, published yesterday, titled "There Is a Role for
    Congress in Patent Reform." In it he concludes: Barfield and Calfee's
    Biotechnology and the Patent System is correct about the importance of
    the patent system to American Posted on Friday, February 22, 2008 at 12:30 pm
Rank This Ths Week: 1,139

ipwars.com

ipwars.com

Covers intellectual property (IP) issues Down Under. By Warwick
Rothnie.

http://ipwars.com
  • Feb 08

    Larrikin Merry As It Can Be

    Larrikin Merry As It Can Be
    While on the subject of Mars and darkened conference rooms, Men at
    Work have been found to infringe Larrikin's copyright in Kookaburra
    Sits on the Old Gum Tree. It would seem (from newspaper reports) that
    2 bars were a substantial part - shades of the old Colonel Bogey
    newsreel case. The video on the Age's website has the clips of every
    kid's favourite folk song and that flute riff. Richard Acland
    highlights the crucial comparison in a vacuum: Even though there was
    evidence that the pitch, key, rhythm, Posted on Monday, February 8, 2010 at 12:07 am
  • Feb 05

    ISPs, authorisation and copyright ...

    ISPs, authorisation and copyright DownUnder
    In case you have been on Mars, or locked in a conference room writing
    submissions, you have probably heard that the Federal Court has
    rejected the music industry's attempt to impose liability on iiNet,
    and ISP, for copyright infringement by authorising the infringing
    activities of users of its network. Roadshow Films Pty Ltd v iiNet
    Limited (No. 3) [2010] FCA 24 (636 para judgment) here. Since I will
    find myself still locked in aforesaid conference room, I'll simply
    quote (at this stage) from the 21 para Posted on Friday, February 5, 2010 at 1:36 pm
  • Feb 02

    Enforcement of PBR in Australia

    Enforcement of PBR in Australia
    ACIP has published its final report into the Enforcement of plant
    breeder's rights in Australia. The report is here (pdf) - be warned
    138pp, Exec Summary is 10pp. Some recommendations: Recommendation 1. A
    new "purchase" right be added to s.11. This new right would only apply
    to those taxa that are specifically declared in the regulations.
    Industry sectors such as wheat breeders would apply to the PBR Office
    to have particular taxa so declared. Recommendation 2. The PBR Act be
    amended to clarify that Posted on Tuesday, February 2, 2010 at 9:35 pm
Rank This Ths Week: 1,141

Inventive Step

Inventive Step

Discusses patent law issues and strategies.

http://inventivestep.net
  • Feb 05

    Patent Reform Legislation Update

    Patent Reform Legislation Update
    It's been a while since we've heard much on the Patent Reform bill
    that is pending in Congress. The last we heard, Secretary Locke was
    pushing the bill forward and Sen. Leahy promised to bring it to the
    Senate floor before the end of the 2009. That obviously didn't happen
    as Congress has been busy with things like health care reform and
    bailouts. And in 2010, it would seem that legislators would be more
    concerned with reelection than mundane things like patent reform. On
    Tuesday, a group of House members, Posted on Friday, February 5, 2010 at 3:57 am
  • Feb 02

    Obama's FY2011 PTO Budget

    Obama's FY2011 PTO Budget
    Yesterday, the White House sent its proposed budget for FY2011 to
    Congress. Included in the budget is a significant increase in funding
    for the PTO to $2.322 billion, up from $1.887 billion for FY2010. The
    funding request is a 23% increase from FY2010. The budget is also
    expected to give the PTO full access to all of the fees that it
    collects, unlike in other years such as FY2010. The increase would
    come not only from anticipated increase in filings, but also from a
    15% surcharge to be assessed for patent Posted on Tuesday, February 2, 2010 at 8:38 am
  • Jan 30

    PTO BPAI Roundtable

    PTO BPAI Roundtable
    BNA (subscription service) is reporting on the BPAI Roundtable held on
    January 20. The primary discussion concerned the new appeal brief
    rules. PTO Deputy Director Sharon Barner and the BPAI's Chief
    Administrative Patent Judge Michael Fleming represented the PTO, along
    with initial comments from Director Kappos. The participants were
    generally positive about the new PTO administration's transparency in
    the process, but, in the future, requested that the PTO include the
    purpose behind each new rule in the Posted on Saturday, January 30, 2010 at 5:56 am
Rank This Ths Week: 1,145

Gray On Claims

Gray On Claims

Covers claim construction and patent law. By Justin E. Gray.

http://www.grayonclaims.com/home/
  • Feb 08

    Federal Circuit Finds No Prosecut ...

    Federal Circuit Finds No Prosecution
    Disclaimer and Affirms Claim Construction
    From Preliminary Injunction Hearing
    SEB S.A. v. Montgomery Ward & Co. (Fed. Cir. Feb. 5, 2010) In this
    case, the district court, after holding a claim construction hearing,
    granted a motion for preliminary injunction in 1999. The Federal
    Circuit affirmed the preliminary injunction order without opinion.
    After the defendant redesigned the accused product, the plaintiff
    successfully sought to supplement the preliminary injunction to
    include the redesigned product. After a jury trial, the defendant's
    accused products were found to infringe Posted on Monday, February 8, 2010 at 8:36 am
  • Feb 05

    Firm Disqualified From Representi ...

    Firm Disqualified From Representing Party on
    Appeal Where Partner Served As Opponent's
    Expert at Trial
    Outside the Box Innovations, LLC v. Travel Caddy, Inc. (Fed. Cir. Feb.
    1, 2010) (nonprecedential) In this case, a partner for King &
    Spalding had served as an expert witness in support of plaintiff's
    motion for attorneys fees at trial. Defendant opposed this motion for
    attorneys fees and challenged the strength of and analysis in the
    expert's declaration. The district court denied the request for
    attorneys fees. After the district court proceedings concluded,
    defendant selected three attorneys from King Posted on Friday, February 5, 2010 at 10:23 pm
  • Jan 24

    Omitting Step in Process Does Not ...

    Omitting Step in Process Does Not Expand
    Claim to Cover Use Nothing Like That
    Described as Integral to Invention
    Catch Curve, Inc. v. Venali, Inc. (Fed. Cir. Jan. 22, 2010)
    (nonprecedential) In the case the Federal Circuit affirmed the
    district court's order granting summary judgment of noninfringement of
    patents relating to the transmission and storage of facsimile messages
    over switched telephone networks. The claims at issue on appeal
    concerned methods for transmitting fax messages over switched
    telephone networks from an originating fax machine to an "SAFF" (a
    computer-based device known as a "store and forward Posted on Sunday, January 24, 2010 at 3:50 pm
Rank This Ths Week: 1,156

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

Covers intellectual property law and business law from an Australian
perspective. Published by Dilanchian Lawyers and Consultants.

http://www.dilanchian.com.au
  • Jan 28

    How to make people and their prod ...

    How to make people and their products
    celebrities
    How does puffery about Sarah Palin become valuable airspace? How are
    Palin and Poh Ling Yeow linked by their desire for media presence?
    Consider what process may have occurred that caused Australians to
    collectively recognise "Po" as a reference to a TV chef and not a
    Teletubbie, and the potential commercial value of that shift. We have
    often written about the use of law to make and keep products and
    people celebrities. It's the story of how to identify, build and own a
    trend. Posted on Thursday, January 28, 2010 at 6:54 pm
  • Dec 09

    Working for free is bad for business

    Working for free is bad for business
    You have to give to get. This is a great principle to follow when
    preparing a proposal for a client or negotiating a deal. But there
    should be limits on how much is given free-of-charge. The interesting
    point is how and why this is so. Service providers such as IT
    developers and consultants are selling intangible services. Often they
    have to give quite a lot free-of-charge before being paid back or
    winning a legally binding contract. Posted on Wednesday, December 9, 2009 at 6:22 pm
  • Dec 02

    Training courseware intellectual ...

    Training courseware intellectual property
    protection
    To earn and secure revenues from intellectual property licensing,
    providers of training or training courseware are well advised to apply
    available legal solutions with rigour. This is easily done, it is
    neither expensive nor complex. However, implementation of the
    solutions requires specialist knowledge that is not commonplace.
    Because of that reality it is commonplace for training organisations
    to poorly protect their intellectual property. Posted on Wednesday, December 2, 2009 at 5:10 pm
Rank This Ths Week: 1,182