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ITC 337 Law Blog

ITC 337 Law Blog

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

http://www.itcblog.com
Rank this Week: 11

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 24

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Dec 15

    CBS Sunday Morning on December 14, 2014

    CBS Sunday Morning on December 14, 2014
    Charles Osgood introduced the stories for December 14, 2014. The cover story was "Game On," done by John Blackstone on people treating "E-sports" as spectator sports. Second was Anthony Mason on Misty Copeland.Almanac was on Nostradamus,…
  • Dec 15

    Anticipation is not the epitome of obviousne

    Anticipation is not the epitome of obviousne
    Within a PTAB decision from 2013, one has the textThe same issues are dispositive of each obviousness rejection on appeal. First, each of the rejections for obviousness relies on the Examiner‟sfinding that Surjadi, as evidence by…
  • Dec 13

    Allen West matter: not such a bombshell

    Allen West matter: not such a bombshell
    In a post titled Updated: Allen West plagiarism bombshell: Tea Party hero lifted passages from viral Internet post , Salon savages West for copying, without attribution, from a "viral internet post" relating to President Obama's silence on…
Rank this Week: 31

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Dec 17

    Soul survivor: publicity and TM claims against recorded performance fail

    Soul survivor: publicity and TM claims against recorded performance fail
    Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014)This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve…
  • Dec 17

    the intersection of FTC US origin guidelines and the Lanham Act

    the intersection of FTC US origin guidelines and the Lanham Act
    A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part…
  • Dec 15

    Is a bigger sucker a protected consumer?

    Is a bigger sucker a protected consumer?
    Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014)How sophisticated can you be and still be a consumer for the purpose of consumer protection law?  Pretty sophisticated,…
Rank this Week: 48

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's Center for Information Technology Policy.

https://freedom-to-tinker.com/
  • Dec 12

    Why ASICs may be good for Bitcoin

    Why ASICs may be good for Bitcoin
    Bitcoin mining is now almost exclusively performed by Bitcoin-specific ASICs (application-specific integrated circuits). These chips are made by a few startup manufacturers and cannot be used for anything else besides mining Bitcoin or…
  • Dec 11

    Striking a balance between advertising and ad blocking

    Striking a balance between advertising and ad blocking
    In the news, we have a consortium of French publishers, which somehow includes several major U.S. corporations (Google, Microsoft), attempting to sue AdBlock Plus developer Eyeo, a German firm with developers around the world. I have no…
  • Dec 5

    Expert Panel Report: A New Governance Model for Communications Security?

    Expert Panel Report: A New Governance Model for Communications Security?
    Today, the vulnerable state of electronic communications security dominates headlines across the globe, while surveillance, money and power increasingly permeate the ‘cybersecurity’ policy arena. With the stakes so high, how…
Rank this Week: 46

China Hearsay

China Hearsay

Covers China law, business and economics. By Stan Abrams.

http://www.chinahearsay.com/
  • Dec 15

    If you ask me, singing the national anthem at a we…

    If you ask me, singing the national anthem at a we…
    If you ask me, singing the national anthem at a wedding or funeral is super creepy, so no big loss here. cnn.it/1AbtifJ © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
  • Dec 15

    China says U.S. appropriations bill violates rules…

    China says U.S. appropriations bill violates rules…
    China says U.S. appropriations bill violates rules | Reuters yhoo.it/1AbsxTU — no doubt there is some protectionism here © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
  • Dec 15

    Why China’s faltering fight against ‘tea money’ is…

    Why China’s faltering fight against ‘tea money’ is…
    Why China’s faltering fight against ‘tea money’ is not all bad news | CNN cnn.it/1AblCKq — sounds reasonable © @chinahearsay for China Hearsay, 2014. | Permalink | No comment | Add to del.icio.us Post tags:
Rank this Week: 64

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Dec 18

    Precedential No. 43: TTAB Dismisses XBOX 360 Cancellation Petition as Sanction for Misconduct

    Precedential No. 43: TTAB Dismisses XBOX 360 Cancellation Petition as Sanction for Misconduct
    The Board granted Microsoft's Rule 12(b)(6) motion to dismiss a petition to cancel its registration for the mark XBOX 360 for publications in the field of computer games, finding that petitioners had failed to state a claim upon which relief…
  • Dec 17

    CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal

    CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal
    In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit reversed a TTAB decision (here) which had affirmed a Section 2(d) refusal to register the mark TAKETEN for "health care services, namely, evaluating weight and…
  • Dec 16

    Test Your TTAB Judge-Ability on these Four Section 2(d) Appeal

    Test Your TTAB Judge-Ability on these Four Section 2(d) Appeal
    I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods and/or services, without more. Well, try your skills on these four…
Rank this Week: 72

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Dec 18

    A Kat's 2014 Copyright Award

    A Kat's 2014 Copyright Award
    It's Katwards day!With the holidays and end of the year quickly approaching, it seems about time to think of what has been and what will be next in the world of the greatest IP right, ie copyright. Like last year, this Kat…
  • Dec 18

    BREAKING NEWS: breakfast ruling on unfertilised egg

    BREAKING NEWS: breakfast ruling on unfertilised egg
    Ova and out! "AG Villalón's parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...)" was the title of a helpful note by Shohta Ueno (an Associate with Allen & Overy's IP Litigation team in…
  • Dec 17

    The independence of the Boards of Appeal: Merpel roars again

    The independence of the Boards of Appeal: Merpel roars again
    Still troubled by goings-onat the European Patent OfficeThere are many aspects of the recent events (See here and links concerning the suspension of a member of the Board of Appeal, and here and links concerning the strikes and…
Rank this Week: 88

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
  • Sep 29

    Individual defendants found liable in Grooveshark case

    Individual defendants found liable in Grooveshark case
    In UMG Escape Media, the Court has granted summary judgment finding the individual defendants to be liable for copyright infringement. September 29, 2014, decision granting summary judgment against individual defendants Ray Beckerman, P.C.
  • Sep 29

    New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial

    New ruling in Capitol v MP3Tunes, reduces punitive damages, denies Robertson motion for new trial
    In Capitol Records v. MP3Tunes, the Judge has denied individual defendant Michael Robertson's motion for a new trial, but reduced the punitive damages award on the state law claims for pre-1972 recordings. September 29, 2014, Decision,…
  • Jun 13

    2nd Circuit OK's scanning whole books for research as fair use in Authors Guild v HathiTrust

    2nd Circuit OK's scanning whole books for research as fair use in Authors Guild v HathiTrust
    In Authors Guild v. HathiTrust, the US Court of Appeals has ruled that scanning whole books for research purposes is fair use. In HathiTrust, a group of universities took digital scans prepared by Google and stored them in a "digital…
Rank this Week: 87

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Dec 17

    Iowa Innovation, Business & Law Center

    Iowa Innovation, Business & Law Center
    By Jason Rantanen As most of you know, I am an associate professor of law at the University of Iowa College of Law, in Iowa City, Iowa.  One of my initiatives this past semester was a relaunch of the Iowa Innovation, Business & Law…
  • Dec 17

    Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid

    Federal Circuit: Next Round of Myriad Patent Claims Are Also Invalid
    by Dennis Crouch In an important decision, the Federal Circuit has affirmed the invalidity of a number of additional genetic testing claims.  Based upon this decision, the USPTO may need to again reevaluate its subject matter eligibility…
  • Dec 17

    IP as a Corporate Human Right

    IP as a Corporate Human Right
    by Dennis Crouch I am enjoying Professor Osei-Tutu’s (FIU) new article on intellectual property as a human right.  Corporate ‘Human Rights’ to Intellectual Property Protection, ___ Santa Clara L. Rev. ___ (2015)…
Rank this Week: 102

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/
  • Dec 17

    eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon

    eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon
    Due to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay, a 2000 case over bootleg recordings. More recently, in 2011, a…
  • Dec 16

    First Amendment Bars School Discipline For Student’s Rap Video About School Coache

    First Amendment Bars School Discipline For Student’s Rap Video About School Coache
    Bell was a student at Itawamba Agricultural High School in Fulton, Mississippi. A few female students told Bell that two male athletic coaches had made inappropriate comments toward them. Bell, an aspiring rapper, made a video about the two…
  • Dec 15

    Lawyer Disciplined for Sending Facebook Message to Adverse Party

    Lawyer Disciplined for Sending Facebook Message to Adverse Party
    An 18 year old had sex with a co-worker and ended up pregnant. She gave up the baby for adoption, but the biological father did not consent. The mother had signed an adoption consent form. Prior to the date of...
Rank this Week: 131

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/
  • Nov 25

    ED VA Denies Blackhorse Motion to Dismiss In REDSKINS District Court Appeal

    ED VA Denies Blackhorse Motion to Dismiss In REDSKINS District Court Appeal
    You need a little background on this. There was an inter-partes proceeding before the Trademark Trial and Appeal Board, where the Blackhorse petitioners successfully petitioned the TTAB to cancel Pro-Football’s REDSKINS trademark on the…
  • Nov 24

    5000 Trademark Blog Post

    5000 Trademark Blog Post
    There have been 5000 posts on The Trademark Blog since May 2002. If your trademark attorney had read all 5000 posts, then they would be informed. If they had written all 5000 posts, then they would be me.
  • Nov 24

    Recent District Court Decision

    Recent District Court Decision
    Chanel, Inc. v. PUKA CREATION, CD Cal A 'by the books' counterfeiting TRO http://t.co/XQKI6Vt741 — TrademarkBlog (@TrademarkBlog) November 24, 2014 Couldn't concentrate on the discussion of damages, due to the din of Billy Preston…
Rank this Week: 128

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/
  • Jul 15

    Karaoke Bar Fight! Elohim EPF & Ratt Sue Numerous Bars For Copyright Infringement

    Karaoke Bar Fight! Elohim EPF & Ratt Sue Numerous Bars For Copyright Infringement
    The U.S. music sub-publisher of Korean music publishers has filed copyright infringement lawsuits against several karaoke bars in Los Angeles and Korea town. I’m not sure how popular the 80’s glam-metal-hair-band Ratt is in Korean karaoke…
  • Jul 7

    Kendrick Lamar Sued For Infringing Music Copyrights In Rigamortus Song

    Kendrick Lamar Sued For Infringing Music Copyrights In Rigamortus Song
    Kendrick Lamar’s hit song “Rigamortus” may be DOA because he is accused of blatantly copying the music from “The Thorn.” Composer, musician, and recording artist Eric S. Reed composed “The Thorn” in 2009 for Willie Jones III’s…
  • Jul 1

    Levi’s Trademark Infringement Lawsuit Against Stussy’s Jeans Is Not Horseplay

    Levi’s Trademark Infringement Lawsuit Against Stussy’s Jeans Is Not Horseplay
    Levi Strauss & Co. has been making jeans forever and owns some of the earliest trademarks registered at the U.S. Patent & Trademark Office. The trademarks at issue involve Levi’s two-horses pulling on a pair of jeans design, one…
Rank this Week: 149

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
  • Dec 18

    An Exclusive Interview with Robert Litan

    An Exclusive Interview with Robert Litan
    LITAN: ''Cross industry variation in the use of patents shouldn’t mean that we should just junk the patent system. As I said, the alternatives to go to a system of trade secrets which has very, I think, suboptimal social implications…
  • Dec 18

    The Disclosure Revolution – A Report from the Front, 2014

    The Disclosure Revolution – A Report from the Front, 2014
    The Disclosure Revolution is an ongoing process that has transformed patent law over the last couple of decades. While courts continue to say, “The claims define the invention,” decision after decision rewrites broad claim terms…
  • Dec 17

    USPTO Reduces Fees for Trademark Applications and Renewal

    USPTO Reduces Fees for Trademark Applications and Renewal
    Yesterday, as authorized by the AIA, the USPTO published the final rule in the Federal Register that will work to reduce certain trademark fees. As you might expect, the USPTO explained in the Federal Register Notice that ''All commenters…
Rank this Week: 238

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Dec 17

    17 Seconds #6

    17 Seconds #6
    17 Seconds is a email and website newsletter that gives you useful info quickly. Believe it or not, Clocktower’s website design is coming up on two years old, so it’s time for a makeover. As part of the website redesign …
  • Nov 17

    Twitter Bug Makes Tweet Archives Unreliable For eDiscovery

    Twitter Bug Makes Tweet Archives Unreliable For eDiscovery
    Tweets from 2010 and earlier suffer from URL redirection problem. Old Tweets: Now You See Them, Now You Don’t I’ve been on Twitter continuously since 2008-10-30. Here’s my first Tweet: I'm betting that today's decision re…
  • Nov 7

    ‘It doesn’t take all types, there just are all types’ quote is by Tom Bohan, NOT Winston Churchill

    ‘It doesn’t take all types, there just are all types’ quote is by Tom Bohan, NOT Winston Churchill
    Thomas L. Bohan quotation ‘It doesn’t take all types, there just are all types’ erroneously attributed to Winston Churchill. I had the privilege of working for Thomas L. Bohan (hereinafter “Tom Bohan”) from…
Rank this Week: 197

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
  • Dec 17

    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game

    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game
    U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video gameIssued July 14, 2009, to MicrosoftSummary:The ‘834 patent allows for people to join in or leave a game without having to restart the current…
  • Dec 17

    Nintendo gets second chance from Federal Circuit on 3DS patent suit

    Nintendo gets second chance from Federal Circuit on 3DS patent suit
    Tomita Tech. USA, LLC et al. v. Nintendo Co., LTD et al.Federal CircuitCase No. 2014-1244(non-precedential)On appeal from S.D.N.Y., case no. 1:11-CV-04256Back in 2011, Tomita sued Nintendo over U.S. Pat. No. 7,417,664, "Stereoscopic Image…
  • Dec 16

    Patton goes to War Over Use of Name and Likeness in Video Game

    Patton goes to War Over Use of Name and Likeness in Video Game
    Catching up on some reading from last week, Ars Technica (via Video Gamer Law) reports on a new lawsuit filed by the rights holder to Patton's name and likeness against Maximum Family Games for their game "History(R) Legends of War: Patton."…
Rank this Week: 246

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: 204

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
  • Dec 17

    A Survey of Some Interesting New Patents from Microsoft

    A Survey of Some Interesting New Patents from Microsoft
    According to statistics released earlier this year by the Intellectual Property Owners Association, Microsoft is near the top of the list when it comes to companies applying for and receiving U.S. patents. In 2013, the company was issued…
  • Dec 15

    Innovation Focus: Cisco Pursues Telepresence Technologie

    Innovation Focus: Cisco Pursues Telepresence Technologie
    Cisco Systems, Inc. of San Jose, CA, is a corporation that is heavily involved with designing and manufacturing networking equipment along with other information technologies. A new inventory of products for Cisco’s Unified Computing…
  • Dec 11

    Tentative FDA Approval for Oral Pediatric HIV Treatment

    Tentative FDA Approval for Oral Pediatric HIV Treatment
    Mylan Inc. recently announced that its subsidiary Mylan Laboratories Limited has received tentative approval from the U.S. Food and Drug Administration (FDA) for its New Drug Applications (NDAs) for two dosages of abacavir/lamivudine…
Rank this Week: 178

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Dec 17

    Court Sua Sponte Strikes Portions of Answer

    Court Sua Sponte Strikes Portions of Answer
    Vogue Tyre & Rubber Co. v. Mendez, No. 14 C 5839, Slip Op. (N.D. Ill. Oct. 27, 2014) (Shadur, Sen. J.). Judge Shadur sua sponte struck portions of defendant’s answer and dismissed certain affirmative defenses as follows: The Court…
  • Dec 12

    District Court Claim Constructions Not Controlling

    District Court Claim Constructions Not Controlling
    Costar Realty Info., Inc. v. CIVIX-DDI, LLC, Nos. 12 C 4968, 7091 & 8632, Slip Op. (N.D. Ill. Sep. 23, 2013) (Holderman, Sen. J.). Judge Holderman construed the disputed claim terms in this patent case involving methods of locating points…
  • Dec 10

    Nominative Fair Use Not Decided on Motion to Dismi

    Nominative Fair Use Not Decided on Motion to Dismi
    Slep-Tone Ent. Corp. v. Elmwood Enterprises, Inc., No. 13 C 7346, Slip Op. (N.D. Ill. Apr. 21, 2014) (Lefkow, J.). Judge Lefkow denied defendant Elmwood’s Fed. R. Civ. P. 12(b)(6) & (7) motion to dismiss plaintiff Slep-Tone’s…
Rank this Week: 198

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
  • Dec 16

    Monkey-Selfie Guy Still Thinks He Has Copyright

    Monkey-Selfie Guy Still Thinks He Has Copyright
    I guess having the U.S. Copyright Office issue a draft of its Compendium of U.S. Copyright Office Practices and specifically point out that photos taken by monkeys are a good example of something that can’t be registered is not enough.…
  • Dec 15

    Is the Portrayal of Unprotected Sex a Matter of Free Speech?

    Is the Portrayal of Unprotected Sex a Matter of Free Speech?
    A Los Angeles voter-approved law that requires actors in pornographic films to wear condoms was upheld by the Ninth Circuit Court of Appeals over the objection of adult-film makers, who claim the portrayal of unprotected sex is a matter of…
  • Dec 15

    Do Artists Always Own What They Create?

    Do Artists Always Own What They Create?
    Here’s a good overview of copyright and the work-for-hire doctrine. Definitely a must-read if you hire others to create for you and/or if you are hired by others to create for them. If you think you know the legal definitions of…
Rank this Week: 200

Copyhype

Copyhype

Discusses copyright law for those in the content industries and the general public. By Terry Hart.

http://www.copyhype.com/
  • Dec 16

    A Sirius Setback: Two Courts Reject Motion for Reconsideration

    A Sirius Setback: Two Courts Reject Motion for Reconsideration
    Even after two courts in California, one federal and one state, determined in September and October that California state protection of pre-1972 sound recordings includes an exclusive right of public performance, the conventional wisdom…
  • Dec 12

    Friday’s Endnotes – 12/12/14

    Friday’s Endnotes – 12/12/14
    Flickr’s Wall Art Program Exposes Weaknesses in Licensing Automation — “The fact that a hosting website might exploit a Creative Commons-licensed work for its own commercial gain doesn’t sit right with many content…
  • Dec 5

    Friday’s Endnotes – 12/05/14

    Friday’s Endnotes – 12/05/14
    Second Circuit Hears Google Books Case — This week, the 2nd Circuit heard arguments in the dispute between authors and Google over the search giant’s mass digitization program. While this specific dispute has been going on…
Rank this Week: 244

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/
  • Dec 15

    “Transaction Security Apparatus” Held Not Patent-Eligible

    “Transaction Security Apparatus” Held Not Patent-Eligible
    Patent claims directed to securing banking transactions carried out over the Internet were held patent-ineligible in Joao Bock Transaction Sys. v. Jack Henry & Assocs., Civ. No. 12-1138-SLR (D. Del. Dec. 15, 2014).  Finding that the…
  • Dec 6

    Internet Business Method Claims Are and Are Not Patent-Eligible, Says Federal Circuit

    Internet Business Method Claims Are and Are Not Patent-Eligible, Says Federal Circuit
    A Federal Circuit panel has found that patent claims directed to managing the look and feel of e-commerce web pages are patent-eligible under 35 U.S.C. § 101. DDR Holdings, LLC v. Hotels.com, L.P., No. 2013-1505 (Fed. Cir. Dec. 5, 2014).…
  • Nov 9

    Webinar: How to Practice Patent Law After Alice

    Webinar: How to Practice Patent Law After Alice
    Presented by the IP Legal Network, this free webinar on December 9, 2014, at 1 pm EST, will provide practical advice for navigating the tumult that has followed the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank.  Many…
Rank this Week: 203

Patent Prospector

Patent Prospector

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

http://www.patenthawk.com/blog/
  • Dec 10

    Horrid Host

    Horrid Host
    DDR Holdings v. Hotels.com illustrates the incompetence and caprice of Federal courts in handling patent cases. Asserted claims in 6,993,572 & 7,818,399 were found valid and infringed by a jury. District court Judge Rodney Gilstrap in…
  • Nov 23

    Bad Injector

    Bad Injector
    "Antares is a developer of automatic injection devices used to self-administer pharmaceuticals." It got a patent (7,776,015) that it wanted broadened under reissue (35 U.S.C. § 251), as it had not bothered to file a continuation.…
  • Nov 23

    Stay

    Stay
    Verstata asserted software patents against rival Callidus, which counterclaimed with its own patents. Callidus filed limited reexamination proceedings against the Verstata patents, and asked the court for a stay pending reexam. The…
Rank this Week: 252

The Invent Blog

The Invent Blog

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

http://blogs.bnip.com/tib/
  • Sep 23

    USPTO First To File Roadshow

    USPTO First To File Roadshow
    Via this USPTO webpage: The USPTO will be hosting seven half-day roadshows across the country during September-October 2014 to increase the understanding of the First Inventor to File (FITF) provisions of the America Invents Act (AIA). In…
  • Sep 22

    Adobe Acrobat Tips for Patent and Trademark Practitioner

    Adobe Acrobat Tips for Patent and Trademark Practitioner
    Here are some helpful posts for patent and trademark practitioners on the use of Adobe Acrobat: Acrobat for Legal Professionals Blog (ALPB) on Converting Color PDFs to Greyscale or Black and White. ALPB on Converting Color PDF to Greyscale…
  • Sep 12

    Free/Low Cost IP Statute Supplement

    Free/Low Cost IP Statute Supplement
    It used to be that almost every intellectual property attorney would personally have a printed copy of all of the U.S. patent, trademark and copyright statutes sitting on their desk. Every year, a new edition would be bought to replace the…
Rank this Week: 232

IP in Brief

IP in Brief

Comments on developments in copyright and trademark law. By Andrew Berger.

http://www.ipinbrief.com
  • Jul 24

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

    Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law
       Introduction by Andrew Berger I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest. Robert is an experienced IP lawyer with Appleyard Lees,…
  • May 30

    Determing Genuine Use of a CTM in the EU after ONEL

    Determing Genuine Use of a CTM in the EU after ONEL
      Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM In the the European Union (EU). We briefly touched on Merken v. Beheer (better…
  • May 22

    Translating IP Translator For US Mark Holders Filing in Europe

    Translating IP Translator For US Mark Holders Filing in Europe
    I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was the case of Chartered Institute of…
Rank this Week: 182

The Arizona Copyright Blog

The Arizona Copyright Blog

Discusses copyright law with an emphasis on Arizona and Phoenix issues and courts. By Dennis Hall.

http://dennislhall.blogspot.com/
  • Aug 26

    Preempt . . . Preempt . . . Preempt

    Preempt . . . Preempt . . . Preempt
    So, you bring claims for Idea Misappropriation; Unfair Competition; Breach of Oral Contract; Breach of Implied Covenant of Good Faith and Fair Dealing; Negligence; Misappropriation of Trade Secrets; Conversion of Trade Secrets; and Promissory…
  • Aug 19

    Bad Faith: Trade Secret

    Bad Faith: Trade Secret
    The existence of a trade secret and wrongful misappropriation are two important elements of a theft of trade secrets claim. The focus here is on the latter, misappropriation.
  • Aug 4

    Protect Your Business Work Product: Copyright

    Protect Your Business Work Product: Copyright
    USI MidAtlantic, Inc. suffered a $22.5 million judgment for copyright infringement from competitor. A former employee of the competitor joined MidAtlantic and supplied them with binders of information about insurance products created by his…
Rank this Week: 253

Philip Brooks' Patent Infringement…

Philip Brooks' Patent Infringement Updates

Covers cases, verdicts and tools for patent infringement investigation, case management and damages.

http://www.infringementupdates.com/
  • Mar 14

    Pilot Patent Case Program May Bring More Litigation to Western PA

    Pilot Patent Case Program May Bring More Litigation to Western PA
    The following is excerpted from a March 12, 2012 Business Workshop article by David Oberdick published at the Pittsburgh Post-Gazette:
  • Mar 5

    Cast Vote Today for Medical Research - Halfway to March 18 Goal!

    Cast Vote Today for Medical Research - Halfway to March 18 Goal!
    The following is excerpted from an article posted at The Wistar Institute: My name is Scott Hensley, Ph.D., and I’m an assistant professor here at The Wistar Institute. Like most academic biomedical researchers, I rely on grants from the…
  • Jan 19

    Reasonable Royalty Damages: A Return to the Root

    Reasonable Royalty Damages: A Return to the Root
    The American Bar Association Section of Intellectual Property Law and the ABA Center for Continuing Legal Education are sponsoring the above-titled live webinar on Tuesday, February 14, 2012:
Rank this Week: 217

Honoring the Inventor

Honoring the Inventor

Spotlights inventors and patents.

http://honoringtheinventor.blogspot.com/
  • Dec 30

    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…
  • Dec 10

    Scaled & Burt Rutan

    Scaled & Burt Rutan
    Scaled is Burt Rutan's company (founded in 1982, based in Mojave, CA), and the firm has four patents.Consider Fabrication of structure having structural layers and layers of controllable electrical or magnetic properties from 2001--A…
  • Nov 30

    Monsanto: Patents for Seed

    Monsanto: Patents for Seed
    St. Louis-based Monsanto has a lot of seed patents, to the growing chagrin of some farmers.How many U.S. patents & patent apps in total?14,183.See them here.Consider their most recent patent, #7,622,660 titled Plants and seeds of hybrid corn…
Rank this Week: 187

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/
  • Dec 18

    The Relevance of Professionalism in a Post-Legal Services Act World

    The Relevance of Professionalism in a Post-Legal Services Act World
    Nick Robinson, When Lawyers Don’t Get All the Profits: Non-Lawyer Ownership of Legal Services, Access, and Professionalism (Harv. Law Sch. Prog. Legal Prof., Research Paper No. 2014-20), available at SSRN.John FloodTo…
  • Dec 17

    The IRS as Tax Law Nonenforcer

    The IRS as Tax Law Nonenforcer
    Lawrence Zelenak, Custom and the Rule of Law in the Administration of the Income Tax, 62 Duke L.J. 829 (2012).Leigh OsofskyIn a recent essay, Custom and the Rule of Law in the Administration of the Income Tax, Larry Zelenak examines…
  • Dec 16

    Breaking the Deadlock in Bipartisan Election Administration

    Breaking the Deadlock in Bipartisan Election Administration
    Jennifer Nou, Sub-Regulating Elections, Sup Ct. Rev. (forthcoming 2014), available at SSRN.Bertrall RossWhat should courts do when bipartisan agencies deadlock on an interpretation of a statute? That conundrum recently…
Rank this Week: 579

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Dec 17

    In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)

    In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)
    By Kevin E. Noonan -- In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad…
  • Dec 17

    Impact of Interim Guidance on Business Method and Software Claim

    Impact of Interim Guidance on Business Method and Software Claim
    By Michael Borella -- On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility. This Interim Guidance was the long-anticipated update to the Procedure for…
  • Dec 16

    USPTO Issues Interim Guidance on Subject Matter Eligibility

    USPTO Issues Interim Guidance on Subject Matter Eligibility
    By Donald Zuhn -- Earlier today, the U.S. Patent and Trademark Office published its interim guidance regarding the examination of claims for subject matter eligibility under 35 U.S.C. § 101 (which the Office announced yesterday) in the…
Rank this Week: 477

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Dec 17

    Copyright 2.0 Show – Episode 351 – Sunk Pirate

    Copyright 2.0 Show – Episode 351 – Sunk Pirate
    The Pirate Bay closed in Swedish raid, sampling lawsuit against Jay Z dismissed and Actors Guild comes to the aid of Cindy Lee Garcia...
  • Dec 17

    3 Count: Genuine Improvement

    3 Count: Genuine Improvement
    Apple emerges victorious in iTunes DRM case, broadcasters try to halt sale of Aereo assets and U.S. artist accused of ripping off a French advertisement.
  • Dec 16

    3 Count: Burn Unit

    3 Count: Burn Unit
    Sirius XM suffers another setback in its case against The Turtles, Sweden released suspect in The Pirate Bay case and Google News shutters in Spain.
Rank this Week: 318

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Dec 17

    Rededication

    Rededication
    Originally posted 2010-12-01 20:08:12. Republished by Blog Post PromoterWelcome to Blawg Review.  Cold, rainy, prematurely wintry greetings from metropolitan New York. No exclamation point.  It has been that kind of year, it seems.…
  • Dec 9

    The TTAB, the trademark bloggers and the likelihood of preclusion

    The TTAB, the trademark bloggers and the likelihood of preclusion
    A trademark case involving LIKELIHOOD OF CONFUSION (the legal thing, not the fun blog) got unusual Supreme Court attention last week, as you doubtless know by now.  Good summary here by Sutherland Asbill & Brennan…
  • Dec 3

    I Read Dead Peoples’ Email: UPDATE

    I Read Dead Peoples’ Email: UPDATE
    Originally posted 2005-03-01 00:00:00. Republished by Blog Post PromoterRemember this item?  I wrote, regarding a family’s request for access to a serviceman’s email account after his death, as follows: I say that absent a…
Rank this Week: 710

IP Law Alert

IP Law Alert

By Gibbons, P.C.

http://www.iplawalert.com
  • Dec 17

    Heartburn Relief: AstraZeneca Wins Nexium Antitrust Trial

    Heartburn Relief: AstraZeneca Wins Nexium Antitrust Trial
    On December 5, 2014, an 11-person jury decided in favor of defendants AstraZeneca PLC and Ranbaxy Laboratories, Inc. in the first pay-for-delay class action trial since the United States Supreme Court in FTC v. Actavis, Inc. opened the door…
  • Dec 4

    Lacking A Certain Je Ne Sais Quoi – Federal Circuit Finally Holds Ultramercial’s Patent Does Not Cover Patent Eligible Material

    Lacking A Certain Je Ne Sais Quoi – Federal Circuit Finally Holds Ultramercial’s Patent Does Not Cover Patent Eligible Material
    On November 12, 2014, the United States Court of Appeals for the Federal Circuit held that Ultramercial, LLC’s patent covering an eleven step process of watching a commercial as a condition of accessing free media content is invalid as…
  • Nov 21

    Attorneys’ Fees, Costs, and an Enhancement! Oh My!

    Attorneys’ Fees, Costs, and an Enhancement! Oh My!
    We have previously posted on the judiciary’s attempts to address frivolous and unwarranted suits brought by patent holding, non-practicing entities (“NPEs”). To deter such litigation, courts have the power to award…
Rank this Week: 628

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: 441

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Dec 17

    Is Every Orc an Author? On Rehearing, Judges Challenge 5-Second Copyright in Garcia v. Google

    Is Every Orc an Author? On Rehearing, Judges Challenge 5-Second Copyright in Garcia v. Google
    This article comes from the EFF website and is written by CORYNNE MCSHERRYA panel of eleven Ninth Circuit federal judges heard oral arguments yesterday in Garcia v. Google, a copyright case arising from the notorious "Innocence of…
  • Dec 15

    The CopyKat - last Christmas you ......

    The CopyKat - last Christmas you ......
    As Eleonora reports over on theIPKat, Google has announced that it will be permanently shutting down the Spanish version of Google News, effective from December 16, 2014. The shutdown comes in direct response toamendments to the Spanish…
  • Dec 11

    Swedish raid knocks The Pirate Bay offline

    Swedish raid knocks The Pirate Bay offline
    Swedish police have seized servers, computers and other equipment used by The Pirate Bay, effectively (for the time being) taking the controversial file-sharing platform offline. The takedown directly affected the service's…
Rank this Week: 327

Scholarly Communications @ Duke

Scholarly Communications @ Duke

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

http://blogs.library.duke.edu/scholcomm/
  • Dec 16

    Cancelling Wiley?

    Cancelling Wiley?
    Because they were spaced almost a full year apart, I really did not connect the dots when two Canadian universities announced that they were cancelling their “Big Deals” with John Wiley & Sons publisher.  The Times Higher…
  • Dec 4

    Public access and protectionism

    Public access and protectionism
    By now many folks have commented on the announcement from Nature Publishing Group early this week about public access to all of its content and most have sussed out the fairly obvious fact that this is not open access, in spite of the rah-rah…
  • Nov 13

    Going all in on GSU

    Going all in on GSU
    On Friday the publishers who are suing Georgia State University for allegedly infringing copyright by scanning short excerpts from academic books to provide students with access through electronic reserves and learning management…
Rank this Week: 387

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/
  • Dec 15

    Chick-fil-A’s Feathers Get Ruffled Over “EAT MORE KALE”

    Chick-fil-A’s Feathers Get Ruffled Over “EAT MORE KALE”
    Eat more kale! I’ve been saying this for months now, but a Vermont folk artist has taken this belief to a whole new level. Three years ago Vermonter Bo Muller-Moore filed an application to register the mark “EAT MORE…
  • Dec 12

    Trademark Week in Review: December 12, 2014

    Trademark Week in Review: December 12, 2014
    Here’s your weekly roundup of stories in the world of trademarks: Mari-Elise reported that Oklahoma State University and New Mexico State University put down their six-shooters in their trademark dispute; Randy revealed what Santa Claus…
  • Dec 11

    Santa Claus: The Trademark

    Santa Claus: The Trademark
    When I was growing up, I spent Christmas with my family in Henderson, North Carolina. We would pile into my grandparents’ small house along with uncles, aunts, cousins, and dogs. It was crazy, but it was incredibly fun. One particular…
Rank this Week: 668

brandGEEK

brandGEEK

Covers trademark and branding. By Lara Pearson.

http://brandgeek.net/
  • Dec 13

    Kale Conquers Chicken and my Computer Karma Conquers me!

    Kale Conquers Chicken and my Computer Karma Conquers me!
    Bo Beat the Bully!     YES!!! We can rest easy and Eat More Kale now, thanks to the tenacity of Bo Muller, who today announced that he squashed  Chick fil A like a the slug it is (not that I recommend squashing slugs). I…
  • Nov 23

    Is GoLite Really Gone, Along with its Trademark?

    Is GoLite Really Gone, Along with its Trademark?
     GoLite is Going Out Of Business . . . Since its founding in 1998, GoLite accomplished amazing things. The company is widely admired for sustainably manufacturing lightweight, high-performance gear. Sadly, despite being one of…
  • Nov 15

    Mayo? Or Mayo NOT?

    Mayo? Or Mayo NOT?
      Hellmann’s “A Brand With Eggs For Brains” Hellmann’s filed a lawsuit against Just Mayo on Halloween, claiming that Just Mayo’s egg laden label is a poor costume for a product that (proudly)…
Rank this Week: 505

Copyright Litigation Blog

Copyright Litigation Blog

Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.

http://copyrightlitigation.blogspot.com/
  • Dec 13

    75 Last Minute 2014 Year-End Tax Savings Tips from Dunnington

    75 Last Minute 2014 Year-End Tax Savings Tips from Dunnington
      Season’s Greetings!As the year comes to a close, so does the period for tax planning for the year 2014.  My partner Joe Michaels has composed a Memorandum entitled "75 Last Minute 2014 Year-End Tax Savings Tips” that…
  • Dec 7

    Saving Mona Lisa: Nazi Art Looting and The Great Treasures of The Louvre

    Saving Mona Lisa: Nazi Art Looting and The Great Treasures of The Louvre
    Nazi Art Looting Revealed: Book Review: Saving Mona Lisa: The Battle To Protect The Louvre & Its Treasures During World War II by Gerri Chanel (2014 Heliopa Press) $18.95 325 pp.        …
  • Nov 19

    Art Law Event Of The Year This Friday!

    Art Law Event Of The Year This Friday!
    7th Annual Art Litigation and Dispute Resolution Practice InstituteFriday, November 21, 2014, 9:00 AM – 5:00 PM Member Price:   $200Non-Member Attorney Price:   $250Law Office…
Rank this Week: 433

Written Description

Written Description

Reviews recent scholarship in patent law, intellectual property theory, and innovation. By Christopher Suarez, Sarah Tran, and Tan Mau Wu.

http://writtendescription.blogspot.com/
  • Dec 11

    Christopher Beauchamp: Invented By Law

    Christopher Beauchamp: Invented By Law
    I have just obtained my copy of Christopher Beauchamp's new book, Invented by Law: Alexander Graham Bell and the Patent That Changed America, which recounts the story of Alexander Graham Bell's legal battles over his…
  • Dec 8

    Commil v. Cisco and the Tort of Patent Infringement

    Commil v. Cisco and the Tort of Patent Infringement
    Guest post by Saurabh Vishnubhakat, Postdoctoral Associate at Duke Law School. Vishnubhakat is also an expert legal advisor in the USPTO's Office of Chief Economist. His scholarship is available on SSRN, and you can follow him at @emptydoors.…
  • Dec 8

    Final CELS Recap: Trolls, Anticommons, M&A

    Final CELS Recap: Trolls, Anticommons, M&A
    I have already posted on the papers from the Intellectual Property I session at the Conference on Empirical Legal Studies (CELS) by Aghion et al., Abrams et al., and Frakes & Wasserman. There were three more papers selected for the…
Rank this Week: 455

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 457

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
  • Dec 9

    Social media and the law - book review

    Social media and the law - book review
    Social media is an inevitable and integral part of the lives of most individuals around the world seeking to communicate and share information. In terms of businesses and other organisations, social media is  largely a marketing channel…
  • Nov 26

    Why collaboration contracts are popular

    Why collaboration contracts are popular
    Business owners and executives worry when fortunes decline as competitors enter their former stable market. They worry over fewer calls from customers, lower sales and their best staff leaving one after another. The response is typically cost…
  • Nov 18

    Copyright's label exception to parallel importation

    Copyright's label exception to parallel importation
    The introduction in 2003 of section 44C and related sections amended the Copyright Act 1968 (Cth) to block the proliferation in parallel importation circumstances of silly claims to copyright in mere product labels. Parallel importation is…
Rank this Week: 663

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: 495

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/
  • Dec 6

    SIC avaló tres patentes en la industria gráfica

    SIC avaló tres patentes en la industria gráfica
    La Superintendencia de Industria y Comercio (SIC), acreditó tres patentes de la empresa de la industria gráfica ABC Displays. Las patentes corresponden a los productos Sistema expandible Decoración Punta de…
  • Dec 6

    Diputado resalta importancia de patentes para la ciencia

    Diputado resalta importancia de patentes para la ciencia
    A fin de fomentar el número de patentes en el país y generar incentivos para la actividad científica, es necesario reformar la Ley de Ciencia y Tecnología, así como la Ley de Responsabilidades…
  • Dec 5

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente

    Samsung Apela la Indemnización de 930 Millones a Apple por Violación de Patente
    En uno de tantos frentes abiertos en los tribunales, muchos de ellos por violación de patentes, la surcoreana fue condenada a pagar a Apple la friolera de 930 millones de dólares a principios de este mismo año. Ahora…
Rank this Week: 498

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

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

https://soundcloud.com/uchicagolaw
  • Dec 4

    Baude, Harel, & McAdams, "How Should We Interpret our Constitutions?"

    Baude, Harel, & McAdams, "How Should We Interpret our Constitutions?"
    How Should We Interpret our Constitutions? A Debate between Professors Baude and Harel Moderated by Professor McAdams William Baude is Neubauer Family Assistant Professor of Law at the University of Chicago Law School, where he teaches…
  • Nov 18

    Adam Chilton, "Why We Know Very Little About the Effectiveness of International Law"

    Adam Chilton, "Why We Know Very Little About the Effectiveness of International Law"
    While scholars in most fields argue about how laws can be changed to maximize their effectiveness, scholars of international law still regularly debate whether many of the most prominent international agreements have any effect on state…
  • Nov 13

    Richard Posner, Empirical Legal Studies Conference keynote

    Richard Posner, Empirical Legal Studies Conference keynote
    Richard A. Posner, Senior Lecturer in Law and a judge on the Seventh Circuit Court of Appeals, devoted a lunchtime keynote to discussing how judges might receive and view empirical research. Richard A. Posner is a Senior Lecturer in Law at…
Rank this Week: 573