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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/
Rank this Week: 4418

The High-touch Legal Services Blog

The High-touch Legal Services Blog

Provides information about the law for startup and early-stage companies. By Dana H. Shultz.

http://danashultz.com/blog
  • May 26

    What is an Operating Agreement?

    What is an Operating Agreement?
    I have used the term “operating agreement” in quite a few of this blog’s posts. However none of those posts explains in detail what a limited liability company (LLC) operating agreement must contain. This post provides that…
  • Apr 7

    What is the Origin of the Copyright Symbol (©)?

    What is the Origin of the Copyright Symbol (©)?
    This post about the origin of the copyright symbol (©) is based on my answer to a Quora question. See Why are the symbols of “©” and “®” used to identify copyrights and registered trademarks?…
  • Apr 1

    How can a Foreigner Open a Bank Account in the U.S.?

    How can a Foreigner Open a Bank Account in the U.S.?
    This post answers a question I have been asked many times: How can a foreigner open a bank account in the U.S.? This question usually is asked by foreign entrepreneurs. They want to start a business in the U.S. And to do so effectively, a…
Rank this Week: 1204

Information Law Group

Information Law Group

Covers advertising law, privacy, information security and intellectual property.

http://www.infolawgroup.com/
  • May 26

    InfoLawGroup Thanks Clients, Attorneys and Staff for 2015 Chambers Recognition

    InfoLawGroup Thanks Clients, Attorneys and Staff for 2015 Chambers Recognition
    InfoLawGroup is again honored to be recognized by Chambers and Partners in Media & Entertainment and Privacy & Data Security. Of special note, two of our attorneys, Justine Gottshall and Jamie Rubin, were…
  • May 14

    InfoLawGroup is hiring!

    InfoLawGroup is hiring!
    The Information Law Group is looking for one fantastic lawyer to join our team.  If you are interested, please see the information below. Requirements InfoLawGroup is looking for a candidate with 4-8 years of experience as an…
  • Apr 28

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy

    Retail-Tracking Service Provider Nomi Technologies Settles FTC Complaint Over False Statement in its Privacy Policy
    Last week, the Federal Trade Commission announced a complaint against and proposed settlement with Nomi Technologies, Inc.* (“Nomi”), based on allegations that Nomi included a false representation in its Privacy Policy. Nomi is an…
Rank this Week: 4950

nipc IP/it Update

nipc IP/it Update

News and comment on intellectual property, technology, media, entertainment and competition law from the UK, EC and around the world. By John Lambert.

http://nipclaw.blogspot.com/
  • May 26

    Whisky Galore - Whyte and MacKay Ltd v Origin Wine UK Ltd

    Whisky Galore - Whyte and MacKay Ltd v Origin Wine UK Ltd
    Beinn Shiantaidh on the Isle of Jura Photo Smith 609 Source Wikipedia Jura is an island off the west coast of Scotland that is well known for its whisky. It is not to be confused with the Jura region of France which…
  • May 24

    Another cautionary tale, - Stretchline v H & M

    Another cautionary tale, - Stretchline v H & M
    Jane Lambert Yesterday I told the tale of the claimant who sought an interim injunction and ended uo with a court order to pay £27 million damages to the defendant (see "Be careful for what you wish for when seeking an…
  • May 23

    Be careful for what you wish for when seeking an interim injunction - it may cost you plenty!

    Be careful for what you wish for when seeking an interim injunction - it may cost you plenty!
    Jane Lambert Whenever a court grants an interim injunction, or a respondent offers an undertaking, to do or refrain from doing something that might infringe a right claimed by the applicant, the applicant has to offer the…
Rank this Week: 1435

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: 2090

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 61

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • May 26

    Infringements of the heart

    Infringements of the heart
    Would you ever have thought that the question of whether a party is tortuously liable for inducing another to infringe a patent depends on what is in the inducing parties heart? If you did, today the Supreme Court decided in Commil v. Cisco…
  • May 13

    Bad for the Juice: The TTAB’s phantom tag

    Bad for the Juice: The TTAB’s phantom tag
    No, not that Juice.  He’s enough trouble already.  (And no, not the Juice that has this guy all in a froth either.)  I write, rather, about the too-clever-by-half would-be parodists recently sluiced through the…
  • May 6

    Dimming star?

    Dimming star?
    Originally posted 2008-01-31 11:43:10. Republished by Blog Post PromoterAnn Althouse: Starbucks used to seem like a luxury brand, and now it feels like a fallback when you can’t get to the real thing. Ouch. (Via Instapundit.) Ann sees…
Rank this Week: 87

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: 94

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/
  • May 26

    Is there a future for software patents in an age of software innovation?

    Is there a future for software patents in an age of software innovation?
    Normally when there is a rejection the innovation itself has not been rejected, but rather the particular way in which it has been claimed is found to be unacceptable for one reason or another. The insidious nature of patent eligibility…
  • May 26

    Senators Booker, Hoeven draw up bipartisan bill promoting commercial drone use

    Senators Booker, Hoeven draw up bipartisan bill promoting commercial drone use
    The proposed bill comes as welcome news to large companies like Google and Amazon which have been looking for ways to start developing beyond line-of-sight flight plans and other complex operations. The rules may, however, be less well suited…
  • May 26

    Balancing Patent Quality and Patent Quantity to Maximize ROI

    Balancing Patent Quality and Patent Quantity to Maximize ROI
    Typically in our experience only about 3% to 5% of a patent portfolio consists of “star patents.” These are the patents that are demonstrably valuable because they claim technology that is commercially useful today or in a very…
Rank this Week: 2835

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
  • May 26

    A Primer on the Innovation Act

    A Primer on the Innovation Act
    It wasn’t so long ago that President Obama signed the America Invents Act (AIA) into law, on September 16, 2011. As with many complex pieces of legislation that will substantially revise an area of law, the AIA did not become…
  • May 6

    Two Near Misses in the History of Patent

    Two Near Misses in the History of Patent
    The U.S. Patent and Trademark Office recently issued U.S. Patent No. 9,000,000, entitled Windshield Washer Conditioner. The 9-millionth patent protects a system that collects and treats rainwater for replenishing a vehicle’s…
  • May 4

    Stoll Unanimously Approved by Senate Judiciary

    Stoll Unanimously Approved by Senate Judiciary
    On April 23, 2015, the Senate Judiciary Committee held an Executive Business Meeting of the Full Committee. On the agenda were three judicial nominations, including the nomination of Kara Stoll to the United States Court of Appeals for…
Rank this Week: 628

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: 12

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • May 26

    Cisco loses at Supreme Court in case involving Commil USA LLC

    Cisco loses at Supreme Court in case involving Commil USA LLC
    The US Supreme Court reversed the CAFC in a case involving Cisco and Commil.Note the text of a prior IPBiz post:The Bloomberg post Patent Suit Defense Gets U.S. High Court Review in Cisco Case put the questionThe question is whether an…
  • May 23

    Apple's US patent application 20150141083 titled HOTSPOT DEVICE

    Apple's US patent application 20150141083 titled HOTSPOT DEVICE
    The first published claim of Apple's application titled --HOTSPOT DEVICE -- isA wireless device for communicating with a portable computing device comprising: a first portion including: a main logic board; an antenna electromagnetically…
  • May 23

    Garfum drops case against BytePhoto

    Garfum drops case against BytePhoto
    Infozine reported of the dropped patent infringement case:But after all the briefing had been completed and just one day after the court scheduled a hearing on the motion to dismiss, Garfum capitulated: it dropped its case with a promise not…
Rank this Week: 54

43(B)log

43(B)log

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

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

    DMCA hearings, phone/tablet unlocking

    DMCA hearings, phone/tablet unlocking
    Copyright Office: Jacqueline CharlesworthMichelle ChoeRegan Smith Cy DonnellySteve RuheJohn RileyStacy Cheney (NTIA) Proposed Class 11-12: Unlocking – wireless telephone handsets and tablets Proposed class 11 would allow the…
  • May 26

    I intervene in SanMedica v. Amazon to disclose clickthrough

    I intervene in SanMedica v. Amazon to disclose clickthrough
    Kind of a busy day.  With the invaluable help of Public Citizen, I filed a motion to intervene and unseal in the SanMedica case, in which the court redacted the number of clickthroughs received by Amazon as a result of its ads using…
  • May 26

    DMCA hearings, security research, opponent

    DMCA hearings, security research, opponent
    Security research continued, opponents Copyright Office: Jacqueline CharlesworthMichelle ChoeRegan Smith Cy DonnellySteve RuheJohn RileyStacy Cheney (NTIA) Opponents:Christian Troncoso, BSA | The Software Alliance: we support good…
Rank this Week: 111

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/
  • May 26

    CAFC Yer Still Doin' It Wrong

    CAFC Yer Still Doin' It Wrong
    SCOTUS has reversed and remanded CAFC yet again. In a 6-2 ruling (Breyer recused) the Supreme Court has held that even if you think a patent is invalid you have to behave as if it is, as regards induced infringement. Specifically, the…
  • May 26

    Hi, I Still Exist

    Hi, I Still Exist
    Due to a series of personal setbacks I've rather let blogging fall off my priority list. Sorry about that. I will try to pick it up more. I've been doing this a long time and I remain dismayed by the trench warfare that the Copyright Wars…
  • Apr 7

    Inventing a Genre

    Inventing a Genre
    Nice piece in the NY Times on the 120th anniversary of the Lumieres' invention of the methods involved in putting visual stories onto 35mm strips of film. Lots of people worked on this idea around the same time - it's really impossible to say…
Rank this Week: 1138

PIT IP Tech Blog

PIT IP Tech Blog

Covers intellectual property and technology law. By Picadio Sneath Miller & Norton, P.C.

http://pitiptechblog.com/
  • May 26

    No Good Faith Invalidity Defense to Induced Infringement, Supreme Court Hold

    No Good Faith Invalidity Defense to Induced Infringement, Supreme Court Hold
    by: Robert Wagner, intellectual property attorney at the Pittsburgh law firm of Picadio Sneath Miller & Norton, P.C. (Robert Wagner on G+) The Supreme Court issued another patent law opinion today; this time focusing on…
  • May 21

    Business Leaders Rank Cyber Risk #2 on List of Main Concern

    Business Leaders Rank Cyber Risk #2 on List of Main Concern
    Posted By Henry M. Sneath, Chair of the Cybersecurity and Data Breach Prevention and Response Team at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C.  hsneath@psmn.com or 412-288-4013 Travelers Indemnity and Insurance…
  • May 11

    Updated Resources and Link Section

    Updated Resources and Link Section
    by: Robert Wagner, intellectual property attorney at the Pittsburgh law firm of Picadio Sneath Miller & Norton, P.C. (Robert Wagner on G+) We’ve updated our Resources and Links page with more links to helpful…
Rank this Week: 1677

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/
  • May 26

    Permanent Kibosh on "Temporary Facilities"?

    Permanent Kibosh on "Temporary Facilities"?
    Audio Division cracks down on permittees who construct non-compliant, less-than-permanent facilities. A broadcast construction permit comes with conventional expectations. The permittee is expected to build the facilities specified in the…
  • May 22

    2015 Regulatory Fees Proposed: Stability Reigns (At Least For Now)

    2015 Regulatory Fees Proposed: Stability Reigns (At Least For Now)
    Just in time for the Memorial Day weekend, the FCC has released its proposed regulatory fees for 2015. Now we all have something to mull over during all those boring parades, fireworks shows, baseball games and cook-outs. Lucky us! As usual,…
  • May 19

    This Should Get Your Attention III: iHeart Whacked for $1 Million for Misuse of EAS Tone

    This Should Get Your Attention III: iHeart Whacked for $1 Million for Misuse of EAS Tone
    A one-time only broadcast leads to a “multi-state cascade” of false alarms … and a big penalty We have previously reported on the FCC’s crackdown on the misuse of EAS tones, a crackdown that has thus far resulted in…
Rank this Week: 3271

The Business of Patents

The Business of Patents

Looks at patent law in a client-centered way and explains how the patent law should inform strategic decision making. By Hansen IP Law PLLC.

http://hanseniplaw.com/blog/
  • May 26

    Federal Circuit Clarifies “Divided Infringement” Rule

    Federal Circuit Clarifies “Divided Infringement” Rule
    Following a remand from the U.S. Supreme Court last June, on May 13, 2015 the Court of Appeals for the Federal Circuit issued another opinion in Akamai Technologies, Inc. et al. v. Limelight Networks, Inc.(Fed. Cir., Slip Opinion Case…
  • Apr 20

    Federal Circuit Clarifies Entire Market Value Rule

    Federal Circuit Clarifies Entire Market Value Rule
    Determining patent infringement damages is complicated and often borders on the metaphysical.  Under U.S. law, a patent holder is entitled to damages adequate to compensate for the infringement, but in no event less than a…
  • Feb 23

    Heading Off Obviousness Rejection

    Heading Off Obviousness Rejection
    Sometimes the best defense is a good offense. Clients often assume that they are entitled to a patent because no single piece of prior art shows all of their invention.  In that case the invention may be novel. However, it does not mean…
Rank this Week: 2484

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
Rank this Week: 2030

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog highlights critical issues for designers, retailers, and manufacturers.

http://www.fashioncounsel.com/
Rank this Week: 4345

Patently-O

Patently-O

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

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

    Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement

    Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement
    by Dennis Crouch In Commil v. Cisco (Supreme Court 2015), the Supreme Court has held: A defendant’s “belief” that a patent is invalid does not serve as a defense to charges of inducing infringement of the patent.…
  • May 26

    USPTO Grants and Applications Both Down (Slightly) for FY2015

    USPTO Grants and Applications Both Down (Slightly) for FY2015
    I am predicting that US patent grants will fall in Fiscal Year 2015.  The chart above shows that the expected numbers through September 2015 will likely be slightly below the all-time high of 300,000+ utility patents…
  • May 25

    Status of AIA Application

    Status of AIA Application
    Some applicants have asked about the current status of their AIA applications.  The chart above shows the current status of a sample of about 8,000 published patent applications claiming post-AIA status.*  Because of the…
Rank this Week: 201

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • May 26

    Seth in Sweatpants.

    Seth in Sweatpants.
    –Aaron Keller, Managing Principal, Capsule Okay, rockstars are who they are because they’ve done something to earn it. This applies to the ones who play guitar and those who write books and get up on stages and inspire millions…
  • May 25

    Top Ten Questions About Rapala Minnocchio

    Top Ten Questions About Rapala Minnocchio
    In typical DuetsBlog tradition, here is Rapala’s 2015 billboard for the fishing opener, albeit a few weeks late: I’ll have to admit, I like the telescoped Minnocchio word, and the consistent graphic display from past years, but my…
  • May 22

    Subway Drops Footlong TM from Advertising

    Subway Drops Footlong TM from Advertising
    The last time I was at the airport I snapped this photo showing how Subway finally appears to have dropped its use of the TM symbol in association with the word FOOTLONG: As you will recall, Subway had attempted to federally-register the word…
Rank this Week: 92

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • May 26

    Teva Does Not Require Reinstatement of District Court’s Claim Construction Reversed on Appeal

    Teva Does Not Require Reinstatement of District Court’s Claim Construction Reversed on Appeal
    The court denied defendant's motion to reopen the judgment and rejected its argument that Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S.Ct. 831 (2015), invalidated the Federal Circuit's claim construction in a prior appeal in this…
  • May 22

    Navigating PTAB Data: What to Look For and How to Find It

    Navigating PTAB Data: What to Look For and How to Find It
    Register here!Wednesday, May 27, 2015 1:00 PM - 1:45 PM CDTIn this interactive webinar, users will learn how to find the answers to a list of questions that came up in the recent PTAB IP Counsel Exchange in San Jose, using Docket Navigator.…
  • May 22

    Failure to Disclose IPR in Reexam May Support Inequitable Conduct Claim

    Failure to Disclose IPR in Reexam May Support Inequitable Conduct Claim
    The court granted defendant's motion to amend its pleadings to include a claim for inequitable conduct based on plaintiff's failure to disclose IPR proceedings in a related patent during reexamination of the patents-in-suit. "[Defendant] has…
Rank this Week: 792

TeleFrieden

TeleFrieden

Covers legal, regulatory, marketplace and cultural issues affecting the information, communications and entertainment industries. By Rob Frieden.

http://telefrieden.blogspot.com/
Rank this Week: 2186

Dear Rich: Nolo's Patent,…

Dear Rich: Nolo's Patent, Copyright & Trademark Blog

Provides answers to questions about copyright, trademarks and patents.

http://dearrichblog.blogspot.com/
  • May 26

    Amazon Seller Counter-Notice

    Amazon Seller Counter-Notice
    Dear Rich: I am an Amazon seller and received a notice that I was infringing another seller’s rights and that my seller page had been taken down. I’m pretty sure this was a bogus strategy done by one of my competitors. I have…
  • May 20

    Band Wants to Add New Member

    Band Wants to Add New Member
    Dear Rich: I'm in a band that has an incomplete lineup at the moment. Right now it is just 3 of us (2 guitar players, 1 drummer). We have a good handful of songs fully written and arranged. In the meantime, we are still looking for more…
  • May 18

    What Do I Write to Prevent Infringement?

    What Do I Write to Prevent Infringement?
    Dear Rich: I read your post on How Do I Word a Copyright Disclaimer for YouTube? How about if I am the copyright owner? What should I write to prevent somebody from infringing on my content? If you want to post a warning, something…
Rank this Week: 530

Business Litigation Info

Business Litigation Info

Covers business litigation, intellectual property, data security, and advertising and media. By Faruki Ireland & Cox P.L.L.

http://www.businesslitigationinfo.com/
Rank this Week: 3285

Faruki, Ireland & Cox P.L.L.…

Faruki, Ireland & Cox P.L.L. Business Litigation Blog

Covers data security, intellectual property, advertising & media, and business litigation.

http://businesslitigationinfo.com
Rank this Week: 4896

Copyright, Intellectual Property,…

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law

Covers IP/IT law, with a strong focus on copyright and internet law. By Barry Sookman.

http://www.barrysookman.com
  • May 26

    Computer and Internet Law Updates for 2015-05-25

    Computer and Internet Law Updates for 2015-05-25
    Lawyers circling lawyers in frenzied Facebook ownership flap http://t.co/YH3VmZXdu6 -> Mirror Phone Hacking Judgment: a turning point in the phone hacking litigation https://t.co/Aq8hUJDz7X -> Three-tiered system of data protection…
  • May 25

    Privacy by Design certification framework launched by Ryerson and Deloitte

    Privacy by Design certification framework launched by Ryerson and Deloitte
    This morning, Ryerson University and Deloitte announced a new certification framework based on Privacy by Design principles. Privacy by Design is a set of principles that builds privacy into the design, operation and management of a given…
  • May 25

    Computer and Internet Law Updates for 2015-05-24

    Computer and Internet Law Updates for 2015-05-24
    In the absence of actual harm, privacy cases are hardly worth pursuing http://t.co/6RYcmFS01Q -> United States: Nudity, Privacy and the Prostitute – Susan Brenner http://t.co/8r3oTanQVT -> Case Law: Gulati v MGN Ltd, A landmark…
Rank this Week: 3126

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/
  • May 26

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution
    Gregory Ablavsky, Beyond the Indian Commerce Clause, 124 Yale L.J. 1012 (2015).Bethany BergerFederal Indian law fits awkwardly in American constitutional doctrine, so much so that Justice Clarence Thomas has declared it “to say the…
  • May 25

    Are Prosecutors the Constitution’s Gatekeepers?

    Are Prosecutors the Constitution’s Gatekeepers?
    Russell M. Gold, Beyond the Judicial Fourth Amendment: The Prosecutor’s Role, 47 UC Davis L. Rev. 1591 (2014).Rebecca RoipheThis is a bad time for the police officers. Last year, a series of cases in New York federal court exposed…
  • May 22

    Reframing (and Reclaiming) Pregnancy and Abortion

    Reframing (and Reclaiming) Pregnancy and Abortion
    Khiara Bridges, When Pregnancy is an Injury: Rape, Law, and Culture, 65 Stan. L. Rev. 457 (2013).Melissa MurrayIn recent years, anti-abortion advocates have argued that abortion harms not only a developing fetus, it also harms the woman who…
Rank this Week: 216

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • May 26

    TTAB Test: Is CHEF'S CUBE Merely Descriptive of Vacuum Packaging Machines?

    TTAB Test: Is CHEF'S CUBE Merely Descriptive of Vacuum Packaging Machines?
    Joseph E. Sielski applied to register the mark CHEF'S CUBE for "vacuum packaging machines for sealing plastic pouches" (Int'l Class 7), but the USPTO refused registration under Section 2(e)(1), deeming the mark merely descriptive of the…
  • May 22

    Three Summary Judgment Motions: Morehouse Defense, Claim Preclusion, and Contract Estoppel

    Three Summary Judgment Motions: Morehouse Defense, Claim Preclusion, and Contract Estoppel
    Here are three recent TTAB decisions granting motions for summary judgment (in whole or in part), the first rejecting an applicant's Morehouse defense, the second applying claim preclusion, and the third sustaining a defense of contract…
  • May 21

    TTAB Test: Are COW CREEK and BULL CREEK BREWING Confusable for Beer?

    TTAB Test: Are COW CREEK and BULL CREEK BREWING Confusable for Beer?
    This applicant found itself up a creek when the USPTO refused registration of its mark COW CREEK for beer, finding the mark likely to cause confusion with the registered mark BULL CREEK BREWING, in standard character and design forms, for…
Rank this Week: 212

Azrights

Azrights

Covers trade marks, copyright, internet marketing, social networking, search engine optimization, protection of reputations and brands on the internet.

http://www.azrights.com/blog/
  • May 26

    Data Protection – What Are The Implications Of The Snoopers Bill And Data Retention & Privacy On Your Business?

    Data Protection – What Are The Implications Of The Snoopers Bill And Data Retention & Privacy On Your Business?
    Keeping up with the election theme, the Snooper’s Charter, also known as the Snooper’s Bill, was first introduced by Theresa May in 2012 and vetoed by Nick Clegg in 2013, and has made a comeback. The legislation is designed to…
  • May 18

    Startups – Where will the next tech city be located?

    Startups – Where will the next tech city be located?
    Now that the Conservatives have gained another term in government it is likely that they will press ahead with many of their pledges. Of particular interest is George Osborne’s proposals set forth in his recent Budget Plan for 2015. The…
  • May 11

    EU Wants iPlayer Access Extended Across Europe

    EU Wants iPlayer Access Extended Across Europe
    The Digital Single Market Aims to Make Copyrighted Works Available Across Europe. With the self-imposed deadline for implementing the Digital Single Market (DSM) approaching, the EU Commission has set out some specific aims that it would like…
Rank this Week: 1248

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • May 26

    A call for financial transparency from the European Patent Office

    A call for financial transparency from the European Patent Office
    Having been returned to blogging duty, Merpel has turned her attention to the finances of the European Patent Office.  She wrote about this last year, examining the 2013 financial report of the EPO, and concluded that it was not possible…
  • May 26

    3D printing and the law: three recent studies and some recommendation

    3D printing and the law: three recent studies and some recommendation
    3D Cherries ...If you think that Bournemouth is just a rather old-fashioned traditional British seaside town, it's time to think again.  Not only has the local football team ("the Cherries") secured promotion to English…
  • May 25

    Monday miscellany

    Monday miscellany
    Forthcoming events.  Do please remember to check out the IPKat's Forthcoming Events list for lectures, seminars, conferences and other opportunities to get out and about, meet people and use IP as a perfect ice-breaker for those…
Rank this Week: 71

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/
  • May 25

    Software Patent Claims Are Invalid Under 35 U.S.C. § 101 Without Magic (Statutory) Word

    Software Patent Claims Are Invalid Under 35 U.S.C. § 101 Without Magic (Statutory) Word
    A savvy drafter of software patent claims will, to use one of the worst legal cliches, exalt form over substance.  Software in general unquestionably can be patent-eligible even after Alice Corp. v. CLS Bank International. …
  • May 24

    Single Patent Yields Two Results (for now) on the Question of Patent-Eligibility

    Single Patent Yields Two Results (for now) on the Question of Patent-Eligibility
    A court held one independent claim of U.S. Patent No. 8,332,475 patent-eligible, and another not, in Triplay, Inc. v. Whatsapp Inc., No. 13-1703-LPS (D. Del. April 28, 2015). Alleging that claimed subject matter encompassed an abstract idea,…
  • May 19

    When Is a (Software) Patent Claim Indefinite?

    When Is a (Software) Patent Claim Indefinite?
    Patent drafters received a reminder to include terms in the specification as they will appear in the claims, and to make sure claim terms are adequately defined and understood, in Dunnhumby USA, LLC v. Emnos USA Corp., No. 13-CV-0399…
Rank this Week: 1148

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • May 25

    Allvoice Developments US, LLC v. Microsoft Corp. (Fed. Cir. 2015)

    Allvoice Developments US, LLC v. Microsoft Corp. (Fed. Cir. 2015)
    By Michael Borella -- In August, 2009, Allvoice sued Microsoft in the Western District of Washington, alleging infringement of its U.S. Patent No. 5,799,273. In December, 2013, the District Court granted Microsoft's motion for summary…
  • May 25

    Conference & CLE Calendar

    Conference & CLE Calendar
    May 26, 2015 - "Prosecuting Patents for Sales and Licensing" (American Bar Association (ABA) Center for Professional Development, Section of Intellectual Property Law, and Young Lawyers Division) - 1:00 to 2:30 pm (ET) May 27, 2015 - "Patent…
  • May 24

    Patent Litigation Report Raises Question

    Patent Litigation Report Raises Question
    By Grantland Drutchas -- A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank,…
Rank this Week: 106

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

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

    T617/11 : technique ou esthétique ?

    T617/11 : technique ou esthétique ?
    Un lecteur attentif me signale cette intéressante décision. Qu'il en soit remercié! La revendication principale du brevet en cause a pour objet un récipient comprenant une pluralité de tablettes pour…
  • May 21

    T755/09 : recours formé au seul nom d'un co-déposant

    T755/09 : recours formé au seul nom d'un co-déposant
    Dans l'acte de recours, le mandataire agréé avait indiqué que le déposant Nortel Networks limited formait un recours contre la décision de rejet de la demande. Or, cette dernière avait…
  • May 19

    T1756/11 : observations de tiers en opposition

    T1756/11 : observations de tiers en opposition
    Cette décision traite de la manière de considérer les observations de tiers soumises en procédure d'opposition et de recours sur opposition. Des observations de tiers avaient été…
Rank this Week: 546

Trademarkology

Trademarkology

Provides insight and guidance on selecting a brand name or logo and protecting it with a federally registered trademark. By Stites & Harbison, PLLC.

http://www.trademarkologist.com/
  • May 25

    What are “Crisps”?

    What are “Crisps”?
    England and America are two countries separated by a common language. –George Bernard Shaw How true, how true. Take the word “lift” for instance.  Here in America, that’s what I do when I go pick up my longtime…
  • May 22

    Batman and Rihanna: What happens when an unstoppable force meets an immovable object?

    Batman and Rihanna: What happens when an unstoppable force meets an immovable object?
    Found this at a great blog (pirated thoughts), which features all sorts of exciting developments in the world of comic book trademark law.  Rihanna filed a trademark application last summer for her real name “ROBYN” for…
  • May 21

    Knocking out the Knock-Off

    Knocking out the Knock-Off
    Gucci, Yves Saint Laurent, Puma, and other brands owned by the French company Kering SA filed a lawsuit last week in New York, alleging that the Chinese online giant Alibaba Group knowingly let counterfeit goods be advertised and sold on its…
Rank this Week: 2555

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 626

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/
  • May 25

    A Few More Recent Trademark Decision

    A Few More Recent Trademark Decision
    WD Wash: If You Negotiate W/ Def, Ask That They Agree To Waive SoL/Laches First Eat Right v Whole Foods http://t.co/D8NH7U81pj — TrademarkBlog (@TrademarkBlog) May 25, 2015 "Original" as a Misstatement under 43(a)1(B) The Original Bomb…
  • May 25

    Recent Trademark Decision

    Recent Trademark Decision
    "No coherent recitation of facts" http://t.co/2QXBasU5ru — TrademarkBlog (@TrademarkBlog) May 25, 2015 ND CAL: WII PLAY MOTION not counterfeit of PLAYMOTION! http://t.co/6dnK4Kjper — TrademarkBlog (@TrademarkBlog) May 25, 2015…
  • May 25

    Complaint: Gucci v Alibaba, SDNY

    Complaint: Gucci v Alibaba, SDNY
    gucci alibaba complaint.pdf by martyschwimmerSorry the embed feature seems to be broken follow the link to the document
Rank this Week: 309

Carter Law Firm Blog

Carter Law Firm Blog

Covers intellectual property and social media. By Ruth Carter.

http://carterlawaz.com/blog/
  • May 25

    Richard Prince’s “New Portraits” – Art or Infringement?

    Richard Prince’s “New Portraits” – Art or Infringement?
    A few people sent me links to articles about Richard Prince’s art show called “New Portraits” at Gagosian gallery. He took screen shots of other people’s Instagram photos, added one comment, and is selling them for…
  • May 21

    Dislike or Defamation – Rules about Online Review

    Dislike or Defamation – Rules about Online Review
    When it comes to online review sites like Yelp and TripAdvisor, it may be difficult to do to determine when a reviewer is a legally sharing their dissatisfaction about you and when they are out-and-out defaming you. The former is legally…
  • May 14

    If Someone Sends you a Photo of Themselves, Do you Own It?

    If Someone Sends you a Photo of Themselves, Do you Own It?
    Frequently I hear questions like, “If someone emails or texts me a photo of themselves, does it become my property?” Many people in this situation want to know if they own the photo and what they are allowed to do with it. The…
Rank this Week: 2348

Law, Technology & Arts Blog

Law, Technology & Arts Blog

Covers emerging legal issues in IP, technology, commerce, and the arts. From the Washington Journal of Law, Technology & Arts.

http://wjlta.wordpress.com/
  • May 25

    Will Congress Allow Consumers More Privacy?

    Will Congress Allow Consumers More Privacy?
    By Naazaneen Hodjat The courts are redefining the hot topic of privacy law in today’s digital age. The most recent ruling, American Civil Liberties Union v. Clapper, came in the wake of a series of disclosures by Edward Snowden, a…
  • May 20

    “Mobile Justice”? or Risky Vigilante Journalism?

    “Mobile Justice”? or Risky Vigilante Journalism?
     By Andrew H. Fuller The American Civil Liberties Union’s (ACLU) Oregon chapter and four other state chapters offer a smartphone app called Mobile Justice, which allows users to easily record interactions with the police. In…
  • May 20

    Telecoms’ Latest Attempt to Kill Net Neutrality

    Telecoms’ Latest Attempt to Kill Net Neutrality
     By Brennen Johnson Last month, the Federal Communications Commission published its new net neutrality rules in the Federal Register. In response to the new rules, there has been an onslaught of legal challenges brought by telecom…
Rank this Week: 4506

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • May 25

    A new case for Sherlock Holme

    A new case for Sherlock Holme
    Illustration by Howard K. ElcockThe Estate of Sir Arthur Conan Doyle is suing Hollywood film producers over a soon-to-be released blockbuster movie which follows Sherlock Holmes during his retirement. The author's Estate, which has…
  • May 24

    Of Copyright and Spider

    Of Copyright and Spider
    In early 2006 HRH the Prince of Wales successfully sued Associated Newspapers for breach of confidence and infringement of copyright after the Mail on Sunday published extracts from Prince Charles's journals recording his impressions on a…
  • May 22

    Is Peggy Guggenheim’s Collection a Work of Art Protected by French Copyright?

    Is Peggy Guggenheim’s Collection a Work of Art Protected by French Copyright?
    Daily newspaper Le Monde reportedrecently about an intriguing case unfolding in the Paris Court of Appeals. The Guardian reported about the case here. The Paris court will have to decide whether the art collection Peggy Guggenheim spent years…
Rank this Week: 2072

Chicago IP Litigation Blog

Chicago IP Litigation Blog

Covers Northern District of Illinois intellectual property cases. By R. David Donoghue.

http://www.chicagoiplitigation.com/
  • May 25

    The Courts and Patent Litigation

    The Courts and Patent Litigation
    We often hear concerns with the ability or the willingness of the courts to handle sophisticated patent cases.  While we feel the concern is overstated, there are legitimate concerns.  Roy Strom examines a number of these concerns…
  • May 22

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay

    Covered Business Method Review of Four of Fifteen Patents Warrants Stay
    Trading Techs. Int’l, Inc. v. BCG Partners, Inc., Nos. 10 C 715, 716, 718, 720, 721, 726, 882-885, 929 & 931, Slip Op. (N.D. Ill. Mar. 25, 2015) (Kendall, J.). Judge Kendall granted defendants’ motion to stay this patent…
  • May 20

    Bit Torrent Default Judgment Gets $750/Movie

    Bit Torrent Default Judgment Gets $750/Movie
    Malibu Media, LLC v. Funderburg, No. 13 C 2614, Slip Op. (N.D. Ill. Apr. 24, 2015) (Dow, J.). Judge Dow granted plaintiff Malibu Media’s motion for default judgment in this copyright case regarding pornographic movies.  Malibu…
Rank this Week: 125

Personalized Medicine Bulletin

Personalized Medicine Bulletin

Covers legal, business and regulatory developments in the personalized medical industry. By Foley & Lardner LLP.

http://www.personalizedmedicinebulletin.com
  • May 24

    An Update on 21st Century Cures Legislation

    An Update on 21st Century Cures Legislation
    Guest Post By: Jennifer F. Walsh , Director of Public Affairs, Foley & Lardner, LLP Last week the Personalized Medicine Coalition held its 11th Annual State of Personalized Medicine luncheon in Washington, D.C. U.S. Representative…
  • Apr 25

    California’s Bet on Precision Medicine

    California’s Bet on Precision Medicine
    California sees opportunities in personalized medicine. Earlier this month, Governor Brown announced the creation of a two year initiative – California Initiative to Advance Precision Medicine to “begin building infrastructure and…
  • Mar 29

    Perspectives on the President’s Precision Medicine Initiative

    Perspectives on the President’s Precision Medicine Initiative
    President Obama’s “precision medicine initiative” earmarked over $200 million from his proposed 2016 budget to “bring us closer to curing diseases like cancer and diabetes – and to give all of us access to the…
Rank this Week: 2437

Patentology

Patentology

News and views on patents and innovation, with a focus on Australia and New Zealand.

http://blog.patentology.com.au/
  • May 23

    On Extensions of Patent Term and Genetic Technologie

    On Extensions of Patent Term and Genetic Technologie
    Two recent decisions issued by the Australian Patent Office address the requirements for extending the term of a patent encompassing a pharmaceutical substance ‘when produced by a process that involves the use of recombinant DNA…
  • May 17

    Can the High Court Fix Australia’s Obviousness Problem?

    Can the High Court Fix Australia’s Obviousness Problem?
    Australia has an obvious problem with obviousness.  For over three decades, we have been out-of-step on inventive step.  The law of obviousness under the Patents Act 1952 was originally messed up by the High Court in the ‘3M…
  • May 10

    ‘Software Patents’ Back Under the Appeals Court Microscope

    ‘Software Patents’ Back Under the Appeals Court Microscope
    On Thursday, 7 May 2015, a full bench of the Federal Court of Australia, comprising Justices Bennett, Kenny and Nicholson, heard the appeal of the earlier single-judge decision in RPL Central Pty Ltd v Commissioner of Patents [2013] FCA…
Rank this Week: 1086

Patent Prospector

Patent Prospector

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

http://www.patenthawk.com/blog/
  • May 23

    No Way For Mean

    No Way For Mean
    The incompetence of the patent office was demonstrated with 5,663,757, which EON asserted against 17 defendants. '757 survived two reexaminations. Then the district court found the patent indefinite for eight different means claim elements…
  • May 23

    Personal

    Personal
    Fenner Investments sued Verizon Wireless for infringing 5,561,706, which claimed locating and tracking "personal identification numbers." Claim construction of "personal identification numbers" as being personal led to stipulation of…
  • Apr 27

    Elevator Music

    Elevator Music
    Info-Hold sued Muzak and Applied Media Technologies for infringing 5,991,374, which claims playing the music ubiquitously found in commercial establishments. Ohio district court judge Timothy S. Black demonstrated bias towards Muzak in his…
Rank this Week: 772

Lenz Blog

Lenz Blog

Covers copyright, patents, and WTO.

http://k.lenz.name/LB
  • May 23

    Influence of Renewable Transition on Oil Price

    Influence of Renewable Transition on Oil Price
    That’s a question Zachary Shahan just discussed on Cleantechnica under the headline “What Are Clean Energy & Energy Efficiency Doing To Oil Prices?” I just entered the following comment to that: All things equal, more…
  • May 22

    Quantitative Restrictions for EU Oil Import

    Quantitative Restrictions for EU Oil Import
    The EU Emission Trade System sets a cap on CO2 emissions. That cap is reduced by 1.74% each year (Article 9 of Directive 2003/87). There is no equivalent cap on EU oil imports. Let’s imagine for a moment that such a cap would be…
  • May 19

    Relaunch of Lenz Blog

    Relaunch of Lenz Blog
    Some hackers were able to insert a spam link into the header of this blog. Two of my readers kindly informed me by mail of that fact. I have installed a new version of the latest WordPress software from scratch. I hope this solves this…
Rank this Week: 703