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Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 174

Re:Marks on Copyright and…

Re:Marks on Copyright and Trademark

By DLA Piper.

http://www.remarksblog.com
  • Sep 27

    DELETION OF THE “GRAPHIC REPRESENTATION” REQUIREMENT FOR TRADEMARKS: OPENING PANDORA’S BOX?

    DELETION OF THE “GRAPHIC REPRESENTATION” REQUIREMENT FOR TRADEMARKS: OPENING PANDORA’S BOX?
    By Ulrike Gruebler (Hamburg) and Gaspard Debiesse (Paris) To stay ahead of the competition, players of the fashion industry have a permanent need to renew their communication strategies, including the use of new technologies and media.…
  • Sep 22

    WHOSE NAME IS IT ANYWAY?

    WHOSE NAME IS IT ANYWAY?
    By Ruth Hoy and Emily Leach (London) Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry.  To protect their brand, designers often register their own…
  • Sep 20

    THE RIGHT OF A TRADEMARK OWNER TO ACT AGAINST PREPARATORY ACTS OF INFRINGEMENT

    THE RIGHT OF A TRADEMARK OWNER TO ACT AGAINST PREPARATORY ACTS OF INFRINGEMENT
    By Justyna Wilczynska-Baraniak and Aleksandra Baczykowska (Warsaw) In the fashion industry, tags and labels are a key element of the end product.  Therefore, the change of Regulation 2015/2424 and Directive 2008/95/EC of 16 December 2015…
Rank this Week: 3746

Revista Mi Patente

Revista Mi Patente

Una revista especializada en temas de propiedad intelectual, de contenido ágil y propositivo que gira en torno a las ideas que se convierten en negocios, desde su transformación, administración, protección y cuidado; así como las noticias más importantes que se desarrollan en el entorno.

http://www.mipatente.com/
Rank this Week: 4616

Patent Law Practice Center

Patent Law Practice Center

Features news, analysis and resources on patent law. From the Practicing Law Institute (PLI).

http://patentlawcenter.pli.edu
  • Sep 27

    Federal Circuit says automating 3D-animation method is patent eligible

    Federal Circuit says automating 3D-animation method is patent eligible
    The Federal Circuit recently issued a decision in McRo, Inc. v. Bandai Namco Games America, which found that the software patent claims at issue were not directed to an abstract idea and were patent eligible. The patents…
  • Sep 19

    USPTO Director Lee testifies before House Judiciary Committee

    USPTO Director Lee testifies before House Judiciary Committee
    On the afternoon of Tuesday, September 13th, the intellectual property subcommittee of the U.S. House of Representatives Judiciary Committee convened for a hearing on oversight of practices and procedures at the U.S.…
  • Aug 29

    CAFC rules Board misapplied law of common sense

    CAFC rules Board misapplied law of common sense
    On August 10, 2016, the Federal Circuit issued an important ruling in Arendi S.A.R.L. v. Apple, Inc. The dispute dates back several years to December 2, 2013, when Apple Inc., Google, Inc. and Motorola Mobility LLC (collectively…
Rank this Week: 4488

Deal Law Wire

Deal Law Wire

Addresses private equity, foreign investment in Canada, antitrust/competition, cross-border transactions, litigation, taxation, employment and intellectual property issues that affect deal-making. By Norton Rose Fulbright.

http://www.deallawwire.com/
  • Sep 27

    M&A prospects in the healthcare industry

    M&A prospects in the healthcare industry
    RR Donnelley’s August 2016 VENUE Market Spotlight focused on the healthcare industry and the prospects for M&A activity in that space over the next 12 months. The report notes that there were 678 healthcare transactions in the…
  • Sep 22

    Discipline: a key deal factor for mid-market companie

    Discipline: a key deal factor for mid-market companie
    Earlier this year, we reviewed Deloitte and Touche LLP’s (Deloitte) 2016 survey of M&A trends (the Survey), which predicted that the year would match or exceed deal volume as compared to 2015. Deloitte recently published an article…
  • Sep 20

    Deal protection measures: force-the-vote provision

    Deal protection measures: force-the-vote provision
    Negotiating an acquisition can be an intensive process for both buyers and sellers. For both parties, deal certainty is important when the right transaction is on the table. However for the target, the key is striking the appropriate balance…
Rank this Week: 1757

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
Rank this Week: 911

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Sep 27

    Free “legal” advice — pro bono, that i

    Free “legal” advice — pro bono, that i
    What do you know?  No one can own “pro bono” — regardless of how it’s spelled.  John Welch: The USPTO refused registration of the mark PROBOKNOW, in standard character form, deeming it merely descriptive of…
  • Sep 16

    Twice as nice in Ohio

    Twice as nice in Ohio
    Two times twice, really.  Next week I will be presenting in Ohio for the second time, which is nice twice once. Nice twice twice is that this second presentation is the 26th All Ohio Annual Institute on Intellectual Property…
  • Sep 9

    Official, municipal and trademarkable

    Official, municipal and trademarkable
    Originally posted 2012-07-23 14:01:30. Republished by Blog Post PromoterA long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he…
Rank this Week: 2000

IPWatchdog

IPWatchdog

Offers insights on current developments in the intellectual property space, and discusses patent, trademark, trade secret and copyright information and news.

http://www.ipwatchdog.com/
  • Sep 27

    Economic Trends and Productivity Growth Decline in America

    Economic Trends and Productivity Growth Decline in America
    In the past decade, economic growth, wage growth, business investment and productivity growth have declined dramatically. Economists have discovered that productivity growth alone explains the dramatic development of industrial economies.…
  • Sep 27

    Purolite brings trade secret misappropriation suit against Hitachi, includes DTSA claim

    Purolite brings trade secret misappropriation suit against Hitachi, includes DTSA claim
    American water treatment company Purolite of Bala Cynwyd, PA, recently filed a federal complaint over misappropriated trade secrets against the American division of Japanese conglomerate Hitachi (TYO:6501). Purolite alleges that Hitachi broke…
  • Sep 27

    Michael Solomita joins Chadbourne & Parke in New York

    Michael Solomita joins Chadbourne & Parke in New York
    Mr. Solomita is an experienced patent litigator who has led major cases before US District Courts and the US International Trade Commission. He defends large technology clients from patent claims, and he also has significant experience…
Rank this Week: 4794

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Sep 27

    A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knight

    A new NHL team: The Las Vegas Silver (or Desert) (or Golden) Knight
    Have you heard about the NHL’s newest, not-yet-fully-named hockey team, based in Las Vegas? Although the team’s inaugural season will not begin until October 2017, season tickets have already sold out. This exciting…
  • Sep 26

    How Would You Pronounce Infringement?

    How Would You Pronounce Infringement?
    Last week, we discussed Caribou Coffee’s billboard ad referencing transparency — this week another installment from Caribou’s current Minneapolis skyway billboard campaign: That one made me think of this one, a post from a…
  • Sep 23

    Michigan v. M22: The Road Sign Trademark Battle

    Michigan v. M22: The Road Sign Trademark Battle
    If you’ve ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau…
Rank this Week: 3841

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Sep 27

    3 Count: Stream Ripping

    3 Count: Stream Ripping
    Recorded music industry teams up to sue YouTube-mp3.org, Canadian t-shirt designer gets c&d over stadium and sculpture and Vita developer tries kindness. The post 3 Count: Stream Ripping appeared first on Plagiarism Today.
  • Sep 26

    3 Count: Jared Letdown

    3 Count: Jared Letdown
    Jared Leto loses lawsuit against TMZ over Taylor Swift video, Uploaded can not ignore 'spam' copyright notices and Nazi anthem at core of YouTube dispute. The post 3 Count: Jared Letdown appeared first on Plagiarism Today.
  • Sep 23

    3 Count: Closed Street

    3 Count: Closed Street
    Oracle gets permanent injunction and more damages in Rimini Street case, BMG threatened an ISP and two Reps support FCC's set-top box plan. The post 3 Count: Closed Street appeared first on Plagiarism Today.
Rank this Week: 1279

Patent Lawyer Blog

Patent Lawyer Blog

Covers developments in patent law and litigation. By Stan Gibson of Jeffer Mangels Butler & Mitchell LLP.

http://patentlaw.jmbm.com/
Rank this Week: 3007

Hollywood, Esq.

Hollywood, Esq.

Focuses on how the entertainment and media industries are impacted and influenced by the law. From The Hollywood Reporter.

http://www.hollywoodreporter.com/blogs/thr-esq
Rank this Week: 4867

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
Rank this Week: 182

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Sep 27

    Looking Intersectionally and Seeing Structural Bia

    Looking Intersectionally and Seeing Structural Bia
    Priscilla Ocen, (E)Racing Childhood: Examining the Racialized Construction of Childhood and Innocence in the Treatment of Sexually Exploited Minors, 62 UCLA L. Rev. 1586 (2015).Wendy Anne BachEvery day, across the criminal justice system,…
  • Sep 26

    How Do Lawyers’ Expertise Matter in Ordinary Litigation?

    How Do Lawyers’ Expertise Matter in Ordinary Litigation?
    Rebecca L. Sandefur, Elements of Professional Expertise: Understanding Relational and Substantive Expertise through Lawyers’ Impact, 80 Am. Soc. Rev. 909 (2015).Sida LiuLawyers play important roles in litigation. To scholars and law…
  • Sep 23

    Common Law in the Age of Arbitration

    Common Law in the Age of Arbitration
    Myriam Gilles, The Day Doctrine Died: Private Arbitration and the End of Law, 2016 U. Ill. L. Rev. 371 (2016).Allan ErbsenJudge-made law is dynamic. Rules adapt to innovations in technology, trends in human behavior and markets, and nascent…
Rank this Week: 123

Carter Law Firm Blog

Carter Law Firm Blog

Covers intellectual property and social media. By Ruth Carter.

http://carterlawaz.com/blog/
  • Sep 27

    Someone Posted a Photo of Me Online Without Consent

    Someone Posted a Photo of Me Online Without Consent
    People come to this site almost every day with questions about whether someone can post their picture on the internet without obtaining consent. Some people even ask if it’s a crime or whether they can sue. Sue for what? Which of…
  • Sep 4

    What’s Up with YouTube Pulling Ads from Videos?

    What’s Up with YouTube Pulling Ads from Videos?
    In the last week, several people have posted that YouTube pulled the ads from their videos because their content wasn’t “advertiser-friendly.” What’s Advertiser-Friendly Content? According to YouTube policies, ads can…
  • Aug 30

    Getting Fired because of your Side Hustle

    Getting Fired because of your Side Hustle
    When I was on one of the weekly calls with my mastermind group last week, one of my fellow Shankminders asked me to comment on a phenomenon amongst entrepreneurs – working on your side gig while at your full-time job. Wait . . . what?!…
Rank this Week: 3458

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Sep 27

    A wonderful future for EU copyright ... or not? An event reminder

    A wonderful future for EU copyright ... or not? An event reminder
    What happens when copyright enthusiasts meetAs reported by this blog a few days ago, further to the release by the EU Commission of its new copyright package, I am organising two new events to discuss the relevant implications for our…
  • Sep 26

    Ladies [and Gentlemen] Now Let’s Get [IP] [“INFORMATION”]

    Ladies [and Gentlemen] Now Let’s Get [IP] [“INFORMATION”]
    Matthew Fulks, an independent filmmaker, had filed a copyright infringement suit against Beyoncé on June 8, 2016, claiming that the trailer (the Trailer) for her “Lemonade” movie (the Movie), which accompanied the April…
  • Sep 25

    The CopyKat

    The CopyKat
    A photograph of the Northern Lights sparkling above a village in Belarus (right) has no artistic merit whatsoever according to a recent court ruling in a copyright dispute between a well-known photographer and Belarus's state-run television…
Rank this Week: 2339

Steiger Legal

Steiger Legal

Swiss Blawg – mostly in German – on current legal topics, in particular related to IP/IT.

http://www.steigerlegal.ch/
  • Sep 26

    Bildersuche mit Siri: Vorsicht, Urheberrecht!

    Bildersuche mit Siri: Vorsicht, Urheberrecht!
    Mit MacOS 10.12 «Sierra» hat die persönliche Assistentin Siri unter anderem gelernt, im Web nach Bildern zu suchen. Apple greift dafür auf die Bildersuche von Bing zurück. Die Ergebnisse kann …
  • Sep 24

    Lesenswerte juristische Weblinks #147

    Lesenswerte juristische Weblinks #147
    Ausgewählte Weblinks zu lesenswerten juristischen Inhalten – heute unter anderem zum Drogenhandel im Internet, zu Kunstfälschungen und zur Frage, was aus dem Briefgeheimnis geworden ist … Darknet: «Der…
  • Sep 23

    Urheberrecht: Kabinettspolitik hinter verschlossenen Türen

    Urheberrecht: Kabinettspolitik hinter verschlossenen Türen
    Das schweizerische Urheberrechtsgesetz (URG) soll revidiert werden. Im entsprechenden Vernehmlassungsverfahren ging bis Ende März 2016 «die aussergewöhnlich hohe Zahl von 1224 Stellungnahmen ein, deren Stossrichtungen zum Teil…
Rank this Week: 1483

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Sep 26

    Tridim Innovations LLC v. Amazon.com, Inc. (N.D. Cal. 2016)

    Tridim Innovations LLC v. Amazon.com, Inc. (N.D. Cal. 2016)
    "Computer Display System" Patent Found Invalid under § 101 By Joseph Herndon -- Tridim Innovations LLC sued Amazon.com, Inc. for patent infringement of U.S. Patent Nos. 5,838,326 and 5,847,709 in the U.S. District Court for the Northern…
  • Sep 25

    FDA Approves Amjevita -- Amgen's HUMIRA® Biosimilar

    FDA Approves Amjevita -- Amgen's HUMIRA® Biosimilar
    By Andrew Williams -- On Friday, the FDA approved Amgen's application to market Amjevita (adalimumab-atto), a biosimilar to AbbVie's HUMIRA (adalimumab) fully human anti-TNF-α antibody. This marks the fourth biosimilar approved by the…
  • Sep 25

    Conference & CLE Calendar

    Conference & CLE Calendar
    September 29, 2016 - IP & Diagnostics Symposium (Biotechnology Innovation Organization) - Alexandria, VA September 29, 2016 - "Patent Inventorship: Best Practices for Determination and Correction -- Distinguishing Between Inventor and…
Rank this Week: 162

CommLawBlog

CommLawBlog

Covers developments in the entire range of issues addressed by the Federal Communications Commission in its regulation of spectrum-related activities, as well as copyright, trademark, First Amendment and Internet issues. By Fletcher, Heald & Hildreth.

http://www.commlawblog.com/
  • Sep 26

    Nationwide EAS Test Still Set for September 28

    Nationwide EAS Test Still Set for September 28
    Just a quick reminder for all EAS participants. The second-ever nationwide test of the EAS system is still set for Wednesday, September 28, 2016 at 2:20 p.m. (ET). This is a command-performance-all-hands-on-deck gig for all participants, so…
  • Sep 26

    Six-Figure Fine for Failing to Focus on Former Felonie

    Six-Figure Fine for Failing to Focus on Former Felonie
    Many FCC forms completed on a “routine” basis may need extra attention. Anyone who fills in pretty much any FCC form should be familiar with the certifications required by those forms. Anyone who “signs” an FCC form…
  • Sep 25

    Mark Your Calendar: The Auction Date Has Been Set

    Mark Your Calendar: The Auction Date Has Been Set
    The FCBA’s Annual Charity Auction, that is. OK, all you current or wannabe high rollers, risk takers, deal makers, thrill seeking bargain hunters, bon vivants … and anybody else, for that matter. Get out your calendars and mark…
Rank this Week: 3151

Lenz Blog

Lenz Blog

Covers copyright, patents, and WTO.

http://k.lenz.name/LB
  • Sep 26

    Solar Aid: 10 Million Solar Lights for Africa

    Solar Aid: 10 Million Solar Lights for Africa
    But there is still a long way to go, since 600 million people still use dirty, expensive and unhealthy kerosene lamps. Here is a video published at the occasion of Solar Aid’s ten year anniversary:  
  • Sep 25

    Volker Quaschning Speech

    Volker Quaschning Speech
    A speech on recent German renewable energy policy (in German). I agree with most of his positions. Some highlights: While Germany has had some success introducing renewable sources in the electricity sector, there are also the heating and…
  • Jul 25

    Mine Gas Feed-in Tariff as Precedent for Hydrogen FiT

    Mine Gas Feed-in Tariff as Precedent for Hydrogen FiT
    I recall speculating about the possibility of a feed-in tariff for power to gas hydrogen in Germany yesterday. Meanwhile I noticed that there is a precedent for this in the EEG, which is the feed-in tariff for mine gas. Mine gas is mostly…
Rank this Week: 2132

Nigerian Law Intellectual Property…

Nigerian Law Intellectual Property Watch

An online repository for intellectual property articles, papers and news.

http://www.nlipw.com/
Rank this Week: 2282

Socially Aware Blog

Socially Aware Blog

Covers the law and business of social media. By Morrison Foerster.

http://www.sociallyawareblog.com/
  • Sep 26

    Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

    Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience
    The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits…
  • Sep 26

    5 Questions to Help Prepare for a Ransomware Attack

    5 Questions to Help Prepare for a Ransomware Attack
    The news has been filled this year with reports of ransomware attacks against companies and government agencies, including even law enforcement. Ransomware refers to a type of malware that encrypts or otherwise restricts access to a…
  • Sep 23

    Cybercrime and Victim Shaming

    Cybercrime and Victim Shaming
    Our Morrison & Foerster colleague and Socially Aware contributor Miriam Wugmeister has published a thought provoking and insightful op-ed piece in The Hill on how companies that are the targets of cyberattacks are too often…
Rank this Week: 3536

Deeplinks Blog

Deeplinks Blog

Covers bloggers' rights, DMCA, DRM, intellectual property, privacy and security issues. From the Electronic Frontier Foundation.

https://www.eff.org/deeplinks
Rank this Week: 2311

The Trademark Blog

The Trademark Blog

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

http://www.schwimmerlegal.com/
  • Sep 26

    Lawsuit re FOOTBALL FACTORY AT LEGENDS

    Lawsuit re FOOTBALL FACTORY AT LEGENDS
    We need Men In Blazers to sort this one out. Allegations that employee of NYC bar stole FOOTBALL FACTORY trademark.
  • Sep 19

    2d Cir: Brown v Winfrey re OWN YOUR POWER

    2d Cir: Brown v Winfrey re OWN YOUR POWER
    Blogged previously here and here. Plaintiff fails to establish protectability of OWN YOUR POWER, and likelihood of confusion arising from Oprah’s use on magazine cover and other usages.
  • Sep 14

    SDNY: LVL XIII v LV re Metal toe plate

    SDNY: LVL XIII v LV re Metal toe plate
    107 page decision by Engelmeyer, J. Plaintiff targets its LVL XIII (Level 13) sneaker at the luxury ($500) market. The sneaker has a metal toe plate with LVL XIII engraved on it: Plaintiff’s sneaker got some traction: a few celebrities…
Rank this Week: 175

Indiana Intellectual Property…

Indiana Intellectual Property Lawyer Blog

Covers trademark, patent and copyright infringement. By Overhauser Law Offices, LLC.

http://www.iniplaw.org/
Rank this Week: 138

North Carolina Journal of Law &…

North Carolina Journal of Law & Technology

Features legal scholarship in law and technology topics, including intellectual property law, cyberspace law, environmental law, criminal law, health law, and privacy law.

http://ncjolt.org/
  • Sep 26

    Wearable Tech: Dream or Nightmare?

    Wearable Tech: Dream or Nightmare?
    With a majority of Americans not performing enough aerobic exercise, there has been a recent push for better physical fitness. Enter: wearable technology. The trend has taken over the market: Google is spending money on tech glasses, Apple…
  • Sep 26

    Auto-Uber in the Steel City: While Pittsburgh Hosts Uber’s Autonomous Vehicle Testing, PA Pushes for New Law

    Auto-Uber in the Steel City: While Pittsburgh Hosts Uber’s Autonomous Vehicle Testing, PA Pushes for New Law
    On September 14th, Uber unveiled its first self-driving vehicles in Pittsburgh, PA.  So, you’re ready to pick up your phone and order up one these automated Ubers to whisk you away to the Steelers game.  Picture yourself…
  • Sep 22

    The Drones Are Coming! The Drones Are Coming!… Or Maybe Not

    The Drones Are Coming! The Drones Are Coming!… Or Maybe Not
    FAA’s Latest Drone Regulations Undercut Commercial Drone Delivery Viability Drones are the future of fast, efficient, and environmentally friendly delivery. Imagine a world where drones simply dropped your packages, school supplies, or…
Rank this Week: 1014

Trading Secrets

Trading Secrets

Covers trade secrets, non-competes and computer fraud. By Seyfarth & Shaw LLP.

http://www.tradesecretslaw.com/
Rank this Week: 797

IPKat

IPKat

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

http://ipkitten.blogspot.com/
Rank this Week: 2001

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Sep 26

    Advertiser's self-voting on positive reviews as "helpful" may be false advertising

    Advertiser's self-voting on positive reviews as "helpful" may be false advertising
    Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 5106990, No. 13-CV-982 (D. Utah Sept. 19, 2016)Following up on its previous opinion, the court rules again about the possible falsity of reviews posted in exchange for undisclosed gifts of the…
  • Sep 26

    Speech in study would be commercial if knowingly false, court rule

    Speech in study would be commercial if knowingly false, court rule
    Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530,  No. 14cv1191 (S.D. Cal. Sept. 21, 2016)CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the…
  • Sep 26

    FTC wins second appellate victory over 230 defense

    FTC wins second appellate victory over 230 defense
    FTC v. LeadClick Media, LLC, 15‐1009‐cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of…
Rank this Week: 560

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Sep 26

    Affinity II: Who Has the Burden for Alice Step II?

    Affinity II: Who Has the Burden for Alice Step II?
    by Dennis Crouch A few days ago I wrote about the Federal Circuit decision in Affinity Labs. v. DirecTV  affirming that Affinity’s U.S. Patent No. 8,688,085 claims an ineligible abstract idea rather than a…
  • Sep 25

    Traditional equitable defenses do not apply to IPR proceeding

    Traditional equitable defenses do not apply to IPR proceeding
    Husky Injection Molding v. Athena Automation (Fed. Cir. 2016) Referring to the headline. The PTAB (acting on behalf of the PTO Director) held that traditional equitable defenses do not apply to IPR proceedings.  Because this holding…
  • Sep 23

    Point of Novelty Returns to Indefiniteness Analysi

    Point of Novelty Returns to Indefiniteness Analysi
    Cox Communications v. Sprint (Fed. Cir. 2016) The district court found all of Sprint’s asserted claims invalid as indefinite under 35 U.S.C. § 112, ¶ 2.  The term “processing system” was common to the…
Rank this Week: 2225

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

Review and analysis of cybersquatter cases decided under the Uniform Domain Name Resolution Policy. By Gerald M. Levine.

http://udrpcommentaries.wordpress.com
  • Sep 26

    Filing Cybersquatting Complaints With No Actionable Claim

    Filing Cybersquatting Complaints With No Actionable Claim
    I noted in last week’s essay three kinds of cybersquatting complaints typically filed under ICANN’S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the…
  • Sep 19

    Three Kinds of UDRP Disputes and Their Outcome

    Three Kinds of UDRP Disputes and Their Outcome
    There are three kinds of udrp disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes…
  • Sep 12

    Getting it Right the First Time; Second Chance With New Fact

    Getting it Right the First Time; Second Chance With New Fact
    UDRP complainants are expected to get it right the first time, and if they don’t there’s a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not…
Rank this Week: 3921

MBBP's Good Company

MBBP's Good Company

Covers news, events and developments in business, intellectual property, employment law. By Morse, Barnes-Brown & Pendleton.

http://blogmbbp.wordpress.com
Rank this Week: 3969

Director's Forum: David Kappos'…

Director's Forum: David Kappos' Public Blog

From the US Patent and Trademark Office.

http://www.uspto.gov/blog/director/
  • Sep 26

    Commemorating Five Years of the America Invents Act

    Commemorating Five Years of the America Invents Act
    Guest Blog by Dana Robert Colarulli, Director of the Office of Governmental Affairs We’ve come a long way in five years. The Leahy-Smith America Invents Act (AIA), signed in 2011 by President Obama, modernized the U.S. patent system…
  • Sep 20

    Transparency in Patent Examination Prosecution: Master Review Form

    Transparency in Patent Examination Prosecution: Master Review Form
    Guest blog by Deputy Commissioner for Patent Quality Valencia Martin Wallace One important component of the USPTO’s commitment to achieve greater accuracy, clarity, and consistency in examination and prosecution is the Clarity and…
  • Sep 16

    Five Years of Patent Pro Bono Succe

    Five Years of Patent Pro Bono Succe
    Guest blog by Will Covey, Deputy General Counsel and John Kirkpatrick, Patent Pro Bono Coordinator Five years ago, President Obama signed the America Invents Act (AIA) into law, bringing sweeping changes to the U.S. patent system.  In…
Rank this Week: 4039

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Sep 25

    La fin des tomate

    La fin des tomate
    Après 2 décisions de la Grande Chambre, et 3 décisions de la Chambre 3.3.04, la saga "tomates" est sur le point de se terminer. Le brevet EP1211926, déposé en 2000, portait sur la production de tomates…
  • Sep 22

    T1377/15 : recours contre une notification selon la règle 71(3) CBE

    T1377/15 : recours contre une notification selon la règle 71(3) CBE
    La division d'examen, étant d'avis que la requête subsidiaire 1 satisfaisait les exigences de la CBE, avait envoyé une notification selon la règle 71(3) CBE accompagnée d'une annexe (formulaire 2906)…
  • Sep 20

    T2177/11 : pas de retour au brevet tel que délivré

    T2177/11 : pas de retour au brevet tel que délivré
    Un mois avant la procédure orale devant la Chambre de recours, la titulaire a requis le maintien du brevet tel que délivré. La Chambre n'admet pas cette requête. Elle note en effet que le brevet…
Rank this Week: 1065

In Re Bilski Blog

In Re Bilski Blog

Covers the Supreme Court's review of In re Bilski. By Fenwick & West.

http://www.bilskiblog.com/blog/
  • Sep 25

    More Lessons From McRo

    More Lessons From McRo
    More Lessons from McRo By Robert R. Sachs My previous blog on McRo focused on the direct aspects of the decision, but there are other excellent points that the court makes and that can be derived from the opinion, and that should play an…
  • Sep 19

    Bad Science Makes Bad Patent Law—No Science Makes It Worse (Part II)

    Bad Science Makes Bad Patent Law—No Science Makes It Worse (Part II)
    By: Robert R. Sachs In Part I, I explained some general criteria for laws of nature, considering the prototypes of Newton's laws and Einstein's E=mc2. Now I'll turn to whether there are laws of nature in biology. Biological generalizations,…
  • Sep 15

    McRo: Preemption Matters After All

    McRo: Preemption Matters After All
    By Robert R. Sachs The Federal Circuit has released its long-awaited opinion in McRo v. Bandai, reversing the lower court’s decision that the claims were ineligible subject matter. McRo’s invention in U.S. 6,307,576 was a method used in…
Rank this Week: 3791

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Sep 25

    September 25, 2016: Last Sunday Morning with Charles Osgood. Jane Pauley named replacement.

    September 25, 2016: Last Sunday Morning with Charles Osgood. Jane Pauley named replacement.
    The beginning of the special episode Celebrating Charlie included a sun with a bowtie. A different edition of Sunday morning. Last day of hosting. Black suit, white shirt. First up, Rita Braver tells Charlie: Relax. Almost fifty years…
  • Sep 23

    Nature discusses recent events in the CRISPR patent battle

    Nature discusses recent events in the CRISPR patent battle
    Obviousness in patent law is measured relevant to a person having ordinary skill in the art (sometimes designated PHOSITA). The CRISPR patent battles will, in part, turn on the level of skill.Nature wrote of the Doudna (Berkeley) vs. Zhang…
  • Sep 23

    CAFC affirms D. Delaware in Roche v. Lifescan: the meaning of "microelectrode"

    CAFC affirms D. Delaware in Roche v. Lifescan: the meaning of "microelectrode"
    Roche Diagnostics Operations, Inc. and Corange InternationalLimited (“Roche”) appeal from the UnitedStates District Court for the District of Delaware’s grantof summary judgment in favor of Lifescan Incorporatedand Nova…
Rank this Week: 601

Technology & Marketing Law…

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/
  • Sep 25

    Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot

    Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot
    It’s a highlight of my day to read an opinion that starts out: the litigants “are competitors in the dog waste disposal industry.” Blogging can be a crappy gig, but someone’s gotta do it. The litigants have competing…
  • Sep 16

    Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L

    Trademark Law Can’t Stop Competitor’s Employee Recruitment Efforts–XPO v. R+L
    Con-way and R+L compete in the freight business. XPO bought Con-way, and the acquisition sparked apparently non-speculative concerns that some Con-way employees would be laid off (which layoffs did indeed ensue, e.g., 1, 2). Before any…
  • Sep 15

    Ninth Circuit Sends Uber Driver Claims to Arbitration

    Ninth Circuit Sends Uber Driver Claims to Arbitration
    This is a consolidated lawsuit brought by Uber drivers asserting FCRA and employee misclassification claims. Both named drivers were terminated after negative information surfaced in their credit report. Both drivers agreed to a 2013 version…
Rank this Week: 130

Clancco: Art & Law

Clancco: Art & Law

Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.

http://clancco.com/wp
  • Sep 24

    Do We Really Own the Tats on Our Bodies?

    Do We Really Own the Tats on Our Bodies?
    Many of us function under the assumption that tattoos on our bodies are ours to display in any form we wish. Intellectual property lawsuits regarding the rights of tattoo artists have begun to highlight a number of questions concerning who…
  • Sep 23

    Artist Suing Police for Violating her Constitutional Right

    Artist Suing Police for Violating her Constitutional Right
    The American Civil Liberties Union (ACLU) of Idaho and Co-counsel have filed a lawsuit against Idaho State Police on behalf of the Visual Arts Collective, Alley Repertory Theater, and performance artist Anne McDonald. McDonald is claiming the…
  • Sep 21

    Proposed Law will Protect International Art Loans from US Court Jurisdiction

    Proposed Law will Protect International Art Loans from US Court Jurisdiction
    According to many museum professionals, certain countries are reluctant to loan works of art to arts institutions in the United States due to ongoing ownership or provenance questions. A recent bill sent to Senate for consideration, the…
Rank this Week: 4458

Software Intellectual Property…

Software Intellectual Property Report

Covers the places where software intersects the law of intellectual property. By Charles A. Bieneman.

http://swipreport.com/
  • Sep 24

    Federal Circuit Reminder that “Comprising” is Open-Ended in Patent Claim

    Federal Circuit Reminder that “Comprising” is Open-Ended in Patent Claim
    Construing patent a patent claim whose preamble recited an “electrical power distribution plugstrip comprising in combination” a variety of elements listed in the body of the claim, the Federal Circuit overturned a finding of…
  • Sep 18

    What Is a Party’s Burden in Seeking a Determination of Patent-Ineligibility?

    What Is a Party’s Burden in Seeking a Determination of Patent-Ineligibility?
    A court denied a patent infringement defendant’s motion to dismiss under FRCP 12(b)(6); the defendant, alleging that four patents were invalid under 35 U.S.C. § 101 for failing to recite patent-eligible matter, failed in its…
  • Sep 15

    Patent Claims to Cellular Network Messaging Survive Summary Judgment

    Patent Claims to Cellular Network Messaging Survive Summary Judgment
    Case:  Comcast Cable Communications, LLC et al. v. Sprint Communications Company L.P., No. 12-859 (E.D. Pa. Aug. 24, 2016). Result: Summary judgment of patent-ineligibility under 35 U.S.C. § 101 denied (in the course of deciding a…
Rank this Week: 3455

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

Covers intellectual property and antitrust litigation. By Fox Rothschild LLP.

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 1835

Photo Attorney

Photo Attorney

Covers copyright and intellectual property law. By the Law Office of Carolyn E. Wright, LLC.

http://www.photoattorney.com/
  • Sep 23

    Sign Copyright Alliance’s Letter to Political Candidate

    Sign Copyright Alliance’s Letter to Political Candidate
    ~From the Copyright Alliance~ Dear Creators, As election season grows closer and important copyright issues take center stage, please sign our letter reminding candidates of the vital role that copyright, free expression, creativity and…
  • Sep 22

    Photography and the Law Courses on LinkedIn Learning

    Photography and the Law Courses on LinkedIn Learning
    LinkedIn announced today the launch of LinkedIn Learning, an online learning platform enabling individuals and organizations to achieve their objectives and aspirations. LinkedIn’s goal is to help people discover and develop the skills…
  • Sep 15

    Do You Want to Remove Your ID Info from Copyright Office Records?

    Do You Want to Remove Your ID Info from Copyright Office Records?
    The U.S. Copyright Office today published a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on proposed new rules related to personally identifiable information (“PII”) that may be found in the…
Rank this Week: 2720

Photo Attorney

Photo Attorney

Covers legal issues for photographers. By Carolyn E. Wright.

http://www.photoattorney.com
  • Sep 23

    Sign Copyright Alliance’s Letter to Political Candidate

    Sign Copyright Alliance’s Letter to Political Candidate
    ~From the Copyright Alliance~ Dear Creators, As election season grows closer and important copyright issues take center stage, please sign our letter reminding candidates of the vital role that copyright, free expression, creativity and…
  • Sep 22

    Photography and the Law Courses on LinkedIn Learning

    Photography and the Law Courses on LinkedIn Learning
    LinkedIn announced today the launch of LinkedIn Learning, an online learning platform enabling individuals and organizations to achieve their objectives and aspirations. LinkedIn’s goal is to help people discover and develop the skills…
  • Sep 15

    Do You Want to Remove Your ID Info from Copyright Office Records?

    Do You Want to Remove Your ID Info from Copyright Office Records?
    The U.S. Copyright Office today published a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on proposed new rules related to personally identifiable information (“PII”) that may be found in the…
Rank this Week: 4508

Intellectual Property Law Blog

Intellectual Property Law Blog

Up to date information on intellectual property law. By Sheppard Mullin.

http://www.intellectualpropertylawblog.com/
  • Sep 23

    Software and Business Method Inventions After Alice

    Software and Business Method Inventions After Alice
    Patent attorneys are often asked the question: “Is my idea patentable?”  Often the idea is related to software or business methods.  Well-known business methods include Amazon’s “1-click shopping” and…
  • Sep 16

    Federal Circuit is In Sync with Patent’s Validity Under Section 101

    Federal Circuit is In Sync with Patent’s Validity Under Section 101
    The Federal Circuit overturned a District Court ruling that a patent directed to automated lip synchronization and manipulation of animated characters’ facial expressions was invalid under Section 101 as being an abstract idea. The…
  • Jul 28

    Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration

    Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration
    Does your company’s wholly-owned subsidiary own trademarks in its own name?  Has your company acquired any companies that own trademarks?  If so, your company’s use of those trademarks will not prevent cancellation of…
Rank this Week: 882

this WEEK in LAW

this WEEK in LAW

Denise Howell and guests discuss technology law. From the TWiT netcast network.

http://twit.tv/twil
  • Sep 23

    TWiL 361: We're Tracking Snorlax, What's Tracking You?

    TWiL 361: We're Tracking Snorlax, What's Tracking You?
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Franziska Roesner Beyonce and Scène à faire, Web tracking over the past 20 years, the new rules for self driving cars, IoT privacy etiquette and more! Download or…
  • Sep 16

    TWiL 360: Miniature UAV, You Complete Me

    TWiL 360: Miniature UAV, You Complete Me
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Scot Refsland, Ph.D. Playboy and copyright over web links to its images, do longer tweets change their copyrightability?  YouTube is fixing Content ID, a girl sues parents over…
  • Sep 9

    TWiL 359: My Fridge Is Playing Tetri

    TWiL 359: My Fridge Is Playing Tetri
    Hosts: Denise Howell, Emory Roane Guest: Fr. Robert Ballecer, SJ Star Trek fan films, Fr. Robert Ballecer on the new drone rules from the FAA, security and the Internet of Things, a national park is granted personhood and more! Download…
Rank this Week: 492

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/
  • Sep 23

    No infringement; claims invalid in Intel v. HTC case

    No infringement; claims invalid in Intel v. HTC case
    Chalk another one up for the double loss column for plaintiffs. After a pair of plaintiff wins last week in Tyler and Marshall, a patent plaintiff lost on both infringement and invalidity today. A Marshall jury in Judge Gilstrap's court...
  • Sep 21

    Cybersecurity for Law Firms - Presentation at 40th Annual Page Keeton Civil Litigation conference

    Cybersecurity for Law Firms - Presentation at 40th Annual Page Keeton Civil Litigation conference
    Well, if you're going to miss me talking about the effect of the new federal rules on discovery and pleadings on patent litigation in Plano in November, or moderating a panel on trade secret litigation at the EDTX bench/bar in...
  • Sep 20

    Institute for Law and Technology’s 54th Annual Conference on IP Law - Plano, TX

    Institute for Law and Technology’s 54th Annual Conference on IP Law - Plano, TX
    My cochair Steve Malin (Chen Malin) and I would like to invite you to attend the Institute for Law and Technology’s 54th Annual Conference on Intellectual Property Law. The program will be held November 14-15, 2016 at the Center for...
Rank this Week: 657