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Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Apr 29

    What do you mean(s) we lost?!?

    What do you mean(s) we lost?!?
    Tomita Technologies USA, LLC was handed a devastating loss earlier this week in its long-enduring battle with Nintendo over stereoscopic (i.e. 3D) image technology.  Back in 2013, Nintendo lost a patent infringement jury trial in the…
  • Apr 28

    Who’s Got PRINCE Control?

    Who’s Got PRINCE Control?
    My home state of Minnesota prides itself primarily on three things:  our ability to withstand our winters, our 10,000 lakes, and our dearly beloved Prince.  While we take a beating when it comes to our sports teams, all of his…
  • Apr 27

    Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar

    Trademark Lessons for New Businesses from a Lawsuit Against a Colorado Juice Bar
    It is a big, exciting, and dangerous risk to start a new business. There were approximately 400,000 in 2014 (continuing a recent downward trend, according to Gallup). Most entrepreneurs know that the odds are stacked against them, as about…
Rank this Week: 25

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Feb 24

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim

    No Reasonable Construction Would Save Plaintiff’s Patent Infringement Claim
    Nalco Co. v. Chem-Mod, LLC, No. 14 C 2510, Slip Op. (N.D. Ill. Oct. 15, 2015) (Darrah, J.). Judge Darrah granted defendants’ motion to dismiss defendants’ motion to dismiss plaintiff Nalco’s Third Amended Complaint pursuant…
  • Feb 22

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee

    Counterfeit Sales Warrant Statutory Damages, Permanent Injunction and Attorney’s Fee
    Bulgari, S.P.A. V. Zou Xiaohong, No. 15 C 5148, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.). Judge Coleman granted in part plaintiff Bulgari’s motion for summary judgment of trademark infringement, a permanent injunction and its…
  • Feb 19

    Design Patent Functionality Decision is a Question of Law

    Design Patent Functionality Decision is a Question of Law
    Dyson, Inc. v. SharkNinja Operating LLC, No. 14 C 779, Slip Op. (N.D. Ill. Nov. 17, 2015) (Darrah, J.). Judge Darrah denied defendants’ (collectively “SharkNinja”) motion for reconsideration of the Court’s denial of…
Rank this Week: 24

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Apr 29

    Fluorosamine for myelin regeneration?

    Fluorosamine for myelin regeneration?
    See Multiple sclerosis: Drug boosts myelin regeneration in mice raising hope of future treatments for MS **Separately, from blawgsearch on 30 April 2016
  • Apr 29

    Legal decisions must rest on factually accurate information

    Legal decisions must rest on factually accurate information
    One takes note of the post at PatentDocs entitled The Fantastical World of Justice Stephen Breyer As a side comment to the text ["The tragedy, first explored by Stephen Jay Gould in "Carrie Buck's Daughter," The Flamingo's Smile (1985)..." …
  • Apr 29

    CAFC addresses venue, personal jurisdiction in Heartland case

    CAFC addresses venue, personal jurisdiction in Heartland case
    The issues:Heartland argues that it is entitled to a writ of mandamusbased on two legal theories. First, it argues that itdoes not “reside” in Delaware for venue purposes accordingto 28 U.S.C. § 1400(b). Second, it argues…
Rank this Week: 34

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Apr 29

    .52 repeal comes into force July 28 2016

    .52 repeal comes into force July 28 2016
    Transition period of s.52 expedited The repeal of s.52 of the Copyright, Designs and Patents Act 1988 (CDPA) has been expedited due to the outcome of a government consultation. s.52 stipulates the term for artistic works which have been…
  • Apr 29

    Freedom of panorama in France: could even a visit to Père Lachaise become a problem?

    Freedom of panorama in France: could even a visit to Père Lachaise become a problem?
    Adjusting the camera not to include any copyright materialGame of Thrones? House of Cards? Forget them.The battle around what until recently was an area of copyright not many cared knew about, ie freedom of panorama, has now become one of the…
  • Apr 29

    The end of the Google Books legal saga

    The end of the Google Books legal saga
    A few days ago the US Supreme Court refused [here] to grant certiorari in the long-running battle between the Authors Guild and Google over the latter's Books Library Project [Katposts here].Katfriend Shalini…
Rank this Week: 46

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Apr 28

    The Fantastical World of Justice Stephen Breyer

    The Fantastical World of Justice Stephen Breyer
    By Kevin E. Noonan -- In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that…
  • Apr 27

    Defend Trade Secrets Act Passes House, Moves to President for Signature

    Defend Trade Secrets Act Passes House, Moves to President for Signature
    By Josh Rich -- One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep. Justin…
  • Apr 26

    Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)

    Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)
    Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent By Joseph Herndon -- On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution of…
Rank this Week: 56

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
  • Apr 19

    Eli Lilly, Pfizer among those supporting Sequenom cert petition

    Eli Lilly, Pfizer among those supporting Sequenom cert petition
    Recently, a group of amici led by Eli Lilly filed an amici curiae brief with the United States Supreme Court in the matter of Sequenom, Inc. v. Ariosa Diagnostics, Inc. The Eli Lilly brief was filed in support of the petitioner, Sequenom. Eli…
  • Apr 18

    FTC charges Endo Pharmaceuticals with “pay for delay” antitrust violation

    FTC charges Endo Pharmaceuticals with “pay for delay” antitrust violation
    On March 30, 2016, the Federal Trade Commission filed a complaint in the United States Federal District Court for the Eastern District of Pennsylvania alleging that Endo Pharmaceuticals Inc. and several other drug companies violated antitrust…
  • Apr 6

    Hulk Hogan victory over Gawker shows problems with a bond requirement

    Hulk Hogan victory over Gawker shows problems with a bond requirement
    A Florida jury recently awarded $115 million to former professional wrestler turned reality TV star Hulk Hogan.  As you might expect, Gawker immediately announced they would appeal. Unfortunately for Gawker, thanks to Florida law, they…
Rank this Week: 63

Counterfeit Chic

Counterfeit Chic

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

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

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 26

    Studies in cyber shopping: MarkMonitor Shopping Report

    Studies in cyber shopping: MarkMonitor Shopping Report
    This year's Cyber Monday may be merely part of a cyber shopping season -- for the first time over half of American consumers shopped online during the holiday weekend -- but one thing hasn't changed: the counterfeiting conundrum we might call…
  • Nov 7

    Of Burch battles, white bread, and wonder about WASP

    Of Burch battles, white bread, and wonder about WASP
    When Chris Burch's first C. Wonder store opened its lacquered lime-green doors, just around the corner from the distinctive lacquered orange doors of the original Tory Burch store, the visual association was striking.  The obvious question,…
Rank this Week: 80

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 111

IP Dragon

IP Dragon

Covers intellectual property in China.

http://ipdragon.blogspot.com/
  • Apr 24

    IP Dragon has found a new den: IPDRAGON.ORG

    IP Dragon has found a new den: IPDRAGON.ORG
    From now on, you can find new articles of IP Dragon on: ipdragon.org.So good bye to ipdragon.blogspot,com and hello ipdragon.org.All ipdragon.blogspot.com links will continue to be active, but will be redirected to ipdragon.orgAlso you…
  • Apr 7

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary
     Shades of Red by Skram1 see ColourloversThe real question: "What shade of red will attract liability?"After publishing a draft of the copyright law, the National Copyright Administration comes now with a A Brief Explanation…
  • Mar 12

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol
    Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese…
Rank this Week: 105

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
Rank this Week: 147

TechnoLlama

TechnoLlama

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

http://www.technollama.co.uk
  • Apr 23

    European Court rules on copyright jurisdiction and private copying

    European Court rules on copyright jurisdiction and private copying
    The Court of Justice of the European Union (CJEU) has once more helped to answer one of the most puzzling aspects of Internet regulation, where do things happen online? In particular, they have answered where can a copyright collective…
  • Apr 9

    Two Gikii events announced

    Two Gikii events announced
    There will be two Gikii events this year in September 2016. Gikii will be held in Australia and London thanks to the help of long-time Gikii enthusiasts Melissa de Zwart and Andrea Matwyshyn. Gikii Adelaide 2016 The first event will be hosted…
  • Apr 4

    Can you ever remove nasty internet content about yourself?

    Can you ever remove nasty internet content about yourself?
    Andres Guadamuz, University of Sussex For the last couple of years, journalist Dune Lawrence has been subject to constant harassment. She wrote several articles about an investment firm, and the owner initiated an online defamation campaign…
Rank this Week: 171

Filewrapper.com

Filewrapper.com

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

http://www.filewrapper.com/
  • Nov 4

    MVS Filewrapper® Blog: Ways to Accelerate Patent Examination Before the USPTO

    MVS Filewrapper® Blog: Ways to Accelerate Patent Examination Before the USPTO
    By Jill Link Long pendency, slow processing and delays in examination due to patent backlog before the United States Patent and Trademark Office (USPTO) are common concerns voiced by patent applicants. Although it may provide some comfort to…
  • Oct 17

    MVS Filewrapper® Blog: Is the Supreme Court Re-Aiming Markman?

    MVS Filewrapper® Blog: Is the Supreme Court Re-Aiming Markman?
    Post by Alex Christian The 1996 United States Supreme Court decision in Markman v. Westview Instruments established a landmark change for claim construction in patent infringement cases.  That case established that the meaning of the…
  • Oct 17

    MVS Filewrapper® Blog: 2014 World Food Day and Borlaug Dialogue Takes Place in Des Moines Iowa

    MVS Filewrapper® Blog: 2014 World Food Day and Borlaug Dialogue Takes Place in Des Moines Iowa
    Post by Jill Link The 2014 theme for World Food Day was “Family Farming: Feeding the world, caring for the earth.”  This event took place during the 2014 Borlaug Dialogue International Symposium held in Des Moines,…
Rank this Week: 127

Two-Seventy-One Patent Blog

Two-Seventy-One Patent Blog

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

http://271patent.blogspot.com/
Rank this Week: 164

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: 195

Trading Secrets

Trading Secrets

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

http://www.tradesecretslaw.com/
  • Apr 29

    Monitoring Employee Communications: A Brave New World

    Monitoring Employee Communications: A Brave New World
    Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of email. For…
  • Apr 28

    U.S. Treasury Department Suggests That Non-Compete Reform is Necessary

    U.S. Treasury Department Suggests That Non-Compete Reform is Necessary
    The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms.  Specifically, while the authors of the study…
  • Apr 27

    What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?

    What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?
    On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”).  Soon after, on April 20, 2016, the House Committee approved S. 1890 by voice vote.  Today, the DTSA will be voted on by…
Rank this Week: 194

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/
  • Apr 29

    Defend Trade Secrets Act

    Defend Trade Secrets Act
    Useful summary of DTSA:Implementing and Interpreting the Defend Trade Secrets ActPatently-O https://t.co/8n4Q9sUaKv — TrademarkBlog (@TrademarkBlog) April 29, 2016 Ex Parte Seizures and the Defend Trade Secrets ActEric GoldmanSSRN…
  • Apr 28

    UDRP complaint denied on first prong:…

    UDRP complaint denied on first prong: Complainant fails to establish secondary meaning in common law markhttps://t.co/tWa0gvpV9j — TrademarkBlog (@TrademarkBlog) April 28, 2016 Most expensive domain names of all timeBusiness Insider…
  • Apr 28

    BWP Media USA v Clarity Digital Group, 10th Cir re Use of DMCA re Content Generated by Independent Contractor

    BWP Media USA v Clarity Digital Group, 10th Cir re Use of DMCA re Content Generated by Independent Contractor
    Justia summary: Plaintiff-Appellant BWP Media USA, Inc. d/b/a Pacific Coast News and National Photo Group, LLC (“BWP”) appealed the district court’s grant of summary judgment in favor of Defendant-Appellee Clarity Digital…
Rank this Week: 300

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
  • Apr 29

    Copyright Policy Should Be Based On Facts, Not Rhetoric

    Copyright Policy Should Be Based On Facts, Not Rhetoric
    After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their views. For the most…
  • Apr 29

    Qualcomm with 700+ US patents in first quarter, invents airplane Internet and mobile device system

    Qualcomm with 700+ US patents in first quarter, invents airplane Internet and mobile device system
    Qualcomm, Inc. (NASDAQ:QCOM) of San Diego, CA, is a multinational semiconductor firm that designs and markets wireless telecommunications products. Despite weak global demand for new smartphone products, Qualcomm’s technology licensing…
  • Apr 29

    Improving efficiency of the examination process for patents worldwide

    Improving efficiency of the examination process for patents worldwide
    The IP5 is the name given to a forum of the five largest intellectual property offices in the world that was set-up to improve the efficiency of the examination process for patents worldwide. The top five Patent Offices (IP5) have recognized…
Rank this Week: 243

Indiana Intellectual Property &…

Indiana Intellectual Property & Technology Blog

Covers intellectual property & technology law, news and events, particularly focusing on stories that directly affect Indiana. By Kenan Farrell.

http://indianaintellectualproperty.com/
Rank this Week: 298

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/
  • Apr 23

    Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)

    Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
    Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is…
  • Apr 22

    Evidentiary Failings Undermine Arbitration Clauses in Online Term

    Evidentiary Failings Undermine Arbitration Clauses in Online Term
    Earlier this week, we posted about a Seventh Circuit case where an ambiguous user call-to-action undermined an online contract formation procecss. (See “Defective Call-to-Action Dooms Online Contract Formation–Sgouros v.…
  • Apr 21

    Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)

    Q1 2016 Quick Links, Part 3 (DOJ v. Apple, ISIS, Censorship & More)
    Surveillance * The whole Apple v. DOJ fracas was insane! NY Times: In Nod to Law Enforcement, Obama Ends Attempt to Straddle Privacy Divide. Vice: Obama’s Call for Encryption ‘Compromise’ Is Hypocritical. NY Times: For…
Rank this Week: 203

All Things Pros

All Things Pros

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

http://allthingspros.blogspot.com/
  • Apr 21

    Obviousness roundup for March 2016

    Obviousness roundup for March 2016
    [Today's guest post is from Robert K S, who is a patent attorney from Cleveland, Ohio.]Countering obviousness rejections can be both the most quotidian and the most challenging task of the patent practitioner or pro se applicant. For those…
  • Apr 14

    Board reverses 101 rejection of a method claim reciting particular machine component

    Board reverses 101 rejection of a method claim reciting particular machine component
    Takeaway:  A PTAB panel found that the Examiner failed to establish a prima facie case of unpatentability in reversing an Examiner’s § 101 rejection relating to hardware/software technology for establishing…
  • Apr 4

    Board finds that using input device from stowed location renders unsatisfatory for intended purpose

    Board finds that using input device from stowed location renders unsatisfatory for intended purpose
    Takeaway: The Applicant appealed an obviousness rejection of a claim to a personal portable storage device (PPSD) with simultaneous wireless access to host devices. The limitation at issue was "said PPSD remaining in a stowed location during…
Rank this Week: 283

Patentology

Patentology

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

http://blog.patentology.com.au/
  • Apr 16

    CRISPR Patent Dispute – Is It Just Too Big to Settle?

    CRISPR Patent Dispute – Is It Just Too Big to Settle?
    The proceedings at the US Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB), to determine who is entitled to foundational patent rights relating to CRISPR/Cas9 ‘gene editing’ technology, have been steadily…
  • Apr 10

    Appeal ‘Incompetent’ – Is This A Problem With Patent Opposition in Australia?

    Appeal ‘Incompetent’ – Is This A Problem With Patent Opposition in Australia?
    The Australian Patents Act 1990 provides for a pre-grant opposition process.  Specifically, once an application has passed examination, and is accepted, there is a three-month period during which anybody may file an objection, i.e.…
  • Apr 3

    How to Patent Your Invention in Australia and the US

    How to Patent Your Invention in Australia and the US
    For many of the Australian clients I work with, the most important markets are Australia (i.e. the ‘home’ market) and the US (because of its size and relative accessibility).  This means that when it comes to protecting their…
Rank this Week: 275

IP Notiz

IP Notiz

Covers intellectual property law rights in Germany.

http://www.ip-notiz.de
  • Feb 8

    IP|Rezension: Fezer, Handbuch der Markenpraxi

    IP|Rezension: Fezer, Handbuch der Markenpraxi
    Auch wenn es sich bei dem aktuellen „Handbuch der Markenpraxis“ schon um die 3. Auflage handelt: Mir war der Titel bislang unbekannt. Damit habe ich offenbar einiges verpasst. Schon oft sind Bücher mit dem Ziel angetreten,…
  • Dec 23

    IP|Rezension: Heid, Die Haftung bei Urheberrechtsverletzungen im Netz

    IP|Rezension: Heid, Die Haftung bei Urheberrechtsverletzungen im Netz
    Hier ein kurzer Hinweis auf die Dissertation der Kollegin Heid, die schon 2013 erschienen ist. Manches ist daher nicht mehr ganz aktuell. Insgesamt aber ist es ein lesenswertes Buch, um die komplexe Haftungsstruktur des Rechtsgebiets…
  • Dec 23

    Rechtsanwaltsfachangestellte hat genug

    Rechtsanwaltsfachangestellte hat genug
    Da ist wohl jemandem der Kragen geplatzt: Refa mit reichlich Erfahrung und erstklassigen Zeugnissen zieht ernsthaft in Erwägung die knausrige und ausbeuterische Kanzlei zu wechseln. Sofern sich eine Kanzlei findet, die in der Lage ist,…
Rank this Week: 262

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: 279

Eastern District of Texas Federal…

Eastern District of Texas Federal Court Practice

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

http://mcsmith.blogs.com/eastern_district_of_texas/
  • Apr 29

    EDTX denies plaintiff's motion for "exceptional case" under 285 after willful infringement verdict

    EDTX denies plaintiff's motion for "exceptional case" under 285 after willful infringement verdict
    Last year a jury in Judge Richard Schell's court in Plano returned a verdict for the plaintiff in Texas Advanced Optoelectronic Solutions v. Intersil Corp., 4:08cv0451, a complex breach of contract, trade secret misappropriation, tortious…
  • Apr 28

    Five (or Six) More Patent Verdict

    Five (or Six) More Patent Verdict
    Have been out of the office a lot lately doing lawyer-like things and needed to catch up on recent patent verdicts. I posted previously on the first four of the year, with the second ending the string of six defense...
  • Apr 27

    eDekka eFfects - 285 grant of attorneys fees in New Jersey; another 101 dismissal in EDTX

    eDekka eFfects - 285 grant of attorneys fees in New Jersey; another 101 dismissal in EDTX
    The ripples from the grant of the 101 motion to dismiss for lack of patentable subject matter and subsequent $390,829 fee award in the eDekka litigation continue. On March 30, 2016, the District of New Jersey in Garfum.com v. Reflections...
Rank this Week: 700

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
  • Apr 29

    “Unsettled and Rapidly Evolving” Patent Eligibility Landscape Weighs Against Award of Attorney Fee

    “Unsettled and Rapidly Evolving” Patent Eligibility Landscape Weighs Against Award of Attorney Fee
    Following summary judgment of invalidity for lack of patentable subject matter the court denied plaintiff's motion for attorney fees under 35 U.S.C. § 285 because defendant's litigation positions were not baseless. "[T]he patent issued…
  • Apr 28

    Patents for Digitally Labeling Websites Invalid Under 35 U.S.C. § 101

    Patents for Digitally Labeling Websites Invalid Under 35 U.S.C. § 101
    The court granted defendant's motion for summary judgment that the asserted claims of plaintiff’s patents for digitally labeling websites were invalid for lack of patentable subject matter and found that the claims were directed toward…
  • Apr 27

    MPEG Decoder Patent Not Invalid Under 35 U.S.C. § 101

    MPEG Decoder Patent Not Invalid Under 35 U.S.C. § 101
    The court denied defendant's motion to dismiss on the ground that plaintiff’s MPEG decoder patent encompassed unpatentable subject matter because the asserted claims were not directed to an abstract idea. "[T]he [Alice] step one inquiry…
Rank this Week: 633

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Apr 29

    3 Count: Useless Article

    3 Count: Useless Article
    US Trade Representative releases Special 301 report, YouTube announced Content ID improvements and there's no Klingon word for copyright... The post 3 Count: Useless Articles appeared first on Plagiarism Today.
  • Apr 28

    3 Count: White Royal Wedding

    3 Count: White Royal Wedding
    Fashion designer sues over dress at royal wedding, Getty Images claims Google Image Search promotes piracy and Goodlatte talks copyright reform. The post 3 Count: White Royal Wedding appeared first on Plagiarism Today.
  • Apr 27

    Plagiarism in Pop Culture: The Walton

    Plagiarism in Pop Culture: The Walton
    The Waltons was never a show to shy away from difficult topics, so when it tackled the issue of plagiarism, it did so with both complexity and humanity. The post Plagiarism in Pop Culture: The Waltons appeared first on Plagiarism Today.
Rank this Week: 361

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/
  • Apr 28

    Jonathan Masur on Improving Cost-Benefit Analysis at the PTO

    Jonathan Masur on Improving Cost-Benefit Analysis at the PTO
    Federal agencies are required to use cost-benefit analysis (CBA) for all "economically significant" regulations—those with an impact of at least $100 million. Given the economic importance of patents, even small procedural changes at…
  • Apr 26

    The AIA Is Not a Taking

    The AIA Is Not a Taking
    I have just published, along with Ben Picozzi, a response to Greg Dolin and Irina Manta's article, Taking Patents. In the response we refute Dolin and Manta's argument that the America Invents Act effectuated a compensable "taking" under the…
  • Apr 20

    McDowell & Vishnubhakat on the USPTO Patent Pro Bono Program

    McDowell & Vishnubhakat on the USPTO Patent Pro Bono Program
    Until I came across this new article by Jennifer McDowell (USPTO) and Saurabh Vishnubhakat (Texas A&M), I'll admit I wasn't aware that the USPTO has a pro-bono program to provide free legal assistance to inventors. Here is the abstract:In…
Rank this Week: 468

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/
  • Apr 28

    Copyright Law: Seventh Circuit Slaughters True Crime Writer On Motion To Dismi

    Copyright Law: Seventh Circuit Slaughters True Crime Writer On Motion To Dismi
    When a plaintiff sues you for copyright infringement but does not attach the allegedly infringed materials to the complaint, but refers to the materials in the complaint, can you move to dismiss the complaint under Rule 12(b)(6) of the…
  • Apr 23

    Copyright Law: What the Practitioner Needs to Know - Sign Up Today!

    Copyright Law: What the Practitioner Needs to Know - Sign Up Today!
     $245Live Broadcast on May 5, 2016This course covers the fundamentals of what a lawyer needs to know to identify, register and make claims to copyrighted materials, how to identify and negotiate deals involving copyrightable subject…
  • Apr 21

    Copyright Law In Cleveland's Kitchens: Sixth Circuit Says Recipe Book Not Copyrightable

    Copyright Law In Cleveland's Kitchens: Sixth Circuit Says Recipe Book Not Copyrightable
    In Tomaydo-Tomahhdo, LLC v. Vozary, --- Fed.Appx. --- (6th Cir. October 20, 2015), the United States Court of Appeals for the Sixth Circuit considered the claims of a Cleveland restaurant Tomaydo-Tomahhdo owner suing a former co-owner…
Rank this Week: 354

The 1709 Blog

The 1709 Blog

Covers all things copyright, warts and all.

http://the1709blog.blogspot.co.uk/
  • Apr 28

    The CopyKat.

    The CopyKat.
    The decade-long legal fight over Google’s effort to create a digital library of millions of books is finally over ... the Supreme Court has declined to hear a challenge from authors who had argued that the tech giant’s project was…
  • Apr 22

    Richard Hooper to stand down as Chairman of the Copyright Hub

    Richard Hooper to stand down as Chairman of the Copyright Hub
    The 1709 Blog has just learned that Richard Hooper, currently the Chairman of the Copyright Hub, has decided to leave his position.According to the relevant press release:"Today, at the WIPO conference The Global Digital Content…
  • Apr 21

    Are Languages Created by One Single Homo sapiens Protected by Copyright?

    Are Languages Created by One Single Homo sapiens Protected by Copyright?
    You may remember that Paramount Pictures and CBS Studios are suing Axanar Productions and its principal Alec Peters over the short movie Prelude to Axanar (see hereand here). Plaintiff claims the movie is an unauthorized derivative work, and…
Rank this Week: 475

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Apr 27

    Twitter’s Trademark Policy Suck

    Twitter’s Trademark Policy Suck
    The odd case of @YarnAttic vs. @TheYarnAttic. [Editor’s note: Clocktower Law represents The Yarn Attic LLC of NJ (TheYarnAttic.com) in intellectual property matters and has its client’s permission to publish this article.]…
  • Apr 26

    Uniform Username Dispute Resolution Policy (UUDRP)

    Uniform Username Dispute Resolution Policy (UUDRP)
    (As Drafted by GiantPeople LLC on April 26, 2016) 1. Purpose. This Uniform Username Dispute Resolution Policy (the “Policy” or “UUDRP”) was created to provide Service Providers whose services include user-created…
  • Apr 17

    17 Seconds #23

    17 Seconds #23
    Is Clocktower Law the best patent law firm in America? I was talking on the phone with an entrepreneur and prospective patent client (who did not hire us) when I said something like, “There are two ways to practice patent law: the…
Rank this Week: 521

IP Iustitia

IP Iustitia

Discusses news, cases, legislation and anything to do with Intellectual Property law.

http://www.ipiustitia.com
  • Apr 26

    Links A-OK - Hyperlinking to Infringing Material Online is OK, Says AG Wathelet

    Links A-OK - Hyperlinking to Infringing Material Online is OK, Says AG Wathelet
    Since the CJEU's decision in Svensson the fate of hyperlinking in a European context has been up in the air, especially when it comes to copyright infringing materials and directly linking to that content. This is an incredibly important…
  • Apr 18

    Bowled Away - 8-Second Cricket Clips Infringe Copyright

    Bowled Away - 8-Second Cricket Clips Infringe Copyright
    As a major consumer of North American sports, this writer is very reliant on the provision of highlights for this favorite sports, enabling him to keep on track with the latest developments and just to indulge in great sporting feats. Even…
  • Apr 6

    A Gleeful End - TV Show 'Glee' Infringes Comedy Venue's Trademark

    A Gleeful End - TV Show 'Glee' Infringes Comedy Venue's Trademark
    Whether you are old or young you cannot have escaped the phenomenon that was the TV show Glee, which reached its peak popularity some time just before the turn of the first decade in 2000. The show was a teen drama, encompassing musical…
Rank this Week: 518

this WEEK in LAW

this WEEK in LAW

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

http://twit.tv/twil
  • Apr 22

    TWiL 343: Moral Crumple Zone

    TWiL 343: Moral Crumple Zone
    Hosts: Denise Howell, J. Michael Keyes Guests: David Levine, A. Michael Froomkin We Robot 2016, The Defend Trade Secrets Act, Sean Parker's Screening Room streaming service, don't be fooled by crying babies and barking dogs, and…
  • Apr 15

    TWiL 342: Chim Chim Canary

    TWiL 342: Chim Chim Canary
    Hosts: Denise Howell, Emory Roane, J. Michael Keyes Guest: Lindsey Rogers Cook Wearables and the value of the data they collect, Uber's transperency report, U.S. aerial surveillance, the Led Zeppelin copyright dispute over "Stairway to…
  • Apr 1

    TWiL 341: Won't Someone Think of the Spies?

    TWiL 341: Won't Someone Think of the Spies?
    Host: Denise Howell Guests: Emory Roane, Derek Khanna, and Evan Brown. FBI vs Apple aftermath and Congress's reaction to it, should burner phones be banned in the US?, and this week's animal selfie. Photo credit: Octopus by Thomas…
Rank this Week: 687

Intellectual Property Law Blog

Intellectual Property Law Blog

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

http://www.intellectualpropertylawblog.com/
  • Apr 21

    News of Note in IP: April 15, 2016

    News of Note in IP: April 15, 2016
    Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that…
  • Apr 11

    News of Note in IP: April 8, 2016

    News of Note in IP: April 8, 2016
    Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team.  Here are some of the stories that…
  • Mar 30

    Patent Trial & Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings, LTD.

    Patent Trial & Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings, LTD.
    In Fiscal Year 2015, the Patent Trial and Appeal Board (“PTAB”) instituted inter partes reviews (“IPR”) on approximately 68% of petitions filed.  Overcoming these odds, the PTAB recently instituted 17 out of 17…
Rank this Week: 555

BlogIP - Galvani Legal's Blo

BlogIP - Galvani Legal's Blo

Covers intellectual property law.

http://www.galvanilegal.com/blog
Rank this Week: 741

QuestionCopyright.org

QuestionCopyright.org

Covers copyright and freedom-based distribution methods for artists.

http://questioncopyright.org/
Rank this Week: 407

Internet Cases

Internet Cases

Legal developments involving the Internet and new technologies. By Evan Brown.

http://blog.internetcases.com
  • Apr 5

    No statutory damages in online copyright case where infringement continued after copyright registration

    No statutory damages in online copyright case where infringement continued after copyright registration
    If a copyright infringement begins before the plaintiff registers its copyright, and continues after the date of registration, can the plaintiff recover its attorney’s fees and statutory damages for the infringement that occurs after…
  • Apr 3

    Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection

    Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection
    Online platforms that allow user-generated content should take advantage of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), which protect the platform in the event of a third party claim of copyright infringement…
  • Mar 19

    Court holds browsewrap agreement not enforceable

    Court holds browsewrap agreement not enforceable
    Plaintiff filed a consumer fraud class action lawsuit against defendant, the operator of an ecommerce website. Defendant moved to have the case heard by arbitration, arguing that the arbitration provision in its website’s terms of use…
Rank this Week: 307

UsefulArts.us

UsefulArts.us

Covers online branding and the law.

http://usefularts.us
  • Apr 3

    Google’s Adwords Redesign Beats Space Elevators and Robot Car

    Google’s Adwords Redesign Beats Space Elevators and Robot Car
    Sure, Google is full of exciting projects - but how about using design to fix 'the money door' which drives literally all of its current profits? Wouldn't that be at least as exciting as designing concepts for markets that don't yet exist? If…
  • Mar 12

    Hitch Your Wagon Elsewhere: Donald Trump Simply Isn’t the Epitome of Content Marketing

    Hitch Your Wagon Elsewhere: Donald Trump Simply Isn’t the Epitome of Content Marketing
    Hey Marketing pundits. Don't take the easy bait and claim that Donald Trump is a content marketing genius. There's little evidence of this. The things that have driven his GOP rise are more structural than marketing tactics.Claims that his…
  • Feb 27

    Are The Boston Globe and WBUR just making-up primary poll results now?

    Are The Boston Globe and WBUR just making-up primary poll results now?
    This week two Boston news organizations drew starkly different headlines from the same research. Is this a case of team out reporting the other - or of creating a story rather than reporting it?
Rank this Week: 460

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

Covers trade dress, trademark, design patent and counterfeiting issues in the fashion industry. By New York Law School.

http://www.caseclothesed.com/
Rank this Week: 658

Patent Prospector

Patent Prospector

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

http://www.patenthawk.com/blog/
  • Mar 28

    Apple v. Samsung Saga

    Apple v. Samsung Saga
    The long-running patent battle between Apple and Samsung took a comedic turn when the CAFC (2015-1171) threw out a $120 million judgment against Samsung for infringing Apple touch-screen patents that were obvious (8,046,721…
  • Feb 28

    Sheeted

    Sheeted
    Zoltek sued the US Air Force and Navy for making carbon fiber sheets for its aircraft claimed under Re 34,162. The federal trial court gave the government a ridiculous degree of deferrence, and found in its favor out of legal ignorance.…
  • Feb 28

    Shredded

    Shredded
    Fellowes got 7,963,468, claiming a particular paper shredder, and sued competitor ACCO for infringement the day the patent was issued. ACCO filed a reexam which stayed court proceedings. ACCO Brands v. Fellowes (CAFC 2015-1045)…
Rank this Week: 419

Blawg IT

Blawg IT

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

http://blawgit.com
  • Mar 21

    Supreme Court Takes On Design Patent Damage

    Supreme Court Takes On Design Patent Damage
    Apple v. Samsung Apple applied for and received two design patents covering design elements on the front face of the Apple iPhone. Apple then successfully sued Samsung for infringement of these design patents. The jury awarded Apple damages…
  • Sep 23

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain

    Not So Fast – “Happy Birthday To You” May Not Be in the Public Domain
    The World’s Most popular Song You all know the tune, so why do you rarely hear the song Happy Birthday To You in movies and on television? The reason is that from 1988 until yesterday Warner/Chappell Music, Inc. had been demanding…
  • Mar 17

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow

    Brett Trout Named Iowa Academy of Trial Lawyers Fellow
    Des Moines patent attorney Brett J. Trout has just been named a Fellow of the Iowa Academy of Trial Lawyers. Membership in the Academy is by invitation only, upon sponsorship and recommendation from peers and judges, and unanimous approval by…
Rank this Week: 559

William Carleton, Counselor @ Law

William Carleton, Counselor @ Law

Covers legal and investment issues facing emerging tech companies.

http://www.wac6.com/wac6/
  • Mar 16

    Secondary Sales and An Investor Covenant You Don’t Want To Mi

    Secondary Sales and An Investor Covenant You Don’t Want To Mi
    Dear Readers: This is a post I co-wrote with Joe Wallin, who has published the almost identical post here. If you are investing in early stage companies, there are certain deal terms you want. Most you probably know already: if...
  • Mar 11

    A Gift from Congress to Angel

    A Gift from Congress to Angel
    The picture here was taken by Joe Wallin, who was on a panel with me, Gary Kocher of K&L Gates, Tom Alberg of Madrona Ventures, and Dan Rosen of the Alliance of Angels, talking to the Angel Capital Association's NW...
  • Mar 3

    Looking for Mr. 506(c)

    Looking for Mr. 506(c)
    "On a relative basis, issuances claiming the new Rule 506(c) exemption have accounted for only 2.1% of the reported capital raised pursuant to Rule 506 since becoming effective in September 2014." So reads a key finding of a report,…
Rank this Week: 367

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
  • Mar 9

    Laura Weinrib, “Freedom of Conscience and the Civil Liberties Path Not Taken”

    Laura Weinrib, “Freedom of Conscience and the Civil Liberties Path Not Taken”
    Recent efforts by opponents of same-sex marriage and reproductive rights to reorient their agenda around religious freedom have sparked an explosion of scholarship on religious claims for exemption from generally applicable laws. Professor…
  • Mar 8

    Dhammika Dharmapala, "The 'Credibility Revolution' in Empirical Law and Economics"

    Dhammika Dharmapala, "The 'Credibility Revolution' in Empirical Law and Economics"
    Dhammika Dharmapala is the Julius Kreeger Professor of Law at the University of Chicago Law School. The 2016 Coase Lecture was presented on February 16, 2016.
  • Feb 19

    Chief Judge Diane Wood, "Making Your Voice Heard"

    Chief Judge Diane Wood, "Making Your Voice Heard"
    Chief Judge Diane Wood presents "Making Your Voice Heard" and speaks on issues related to women's professional development and the difficulties they face. Judge Diane Wood is the Chief Judge of the United States Court of Appeals for the…
Rank this Week: 502

Patent Pending Blog - Patents and…

Patent Pending Blog - Patents and the History of Technology

A blog celebrating the history of technology and creative genius over the centuries. By Bob Shaver.

http://patentpending.blogs.com/patent_pending_blog/
  • Feb 23

    The Battle of Platea, 479 B.C.

    The Battle of Platea, 479 B.C.
    After the delaying battle of Thermopyle, in which the 300 Spartans (and 8700 other Greeks) fought and delayed the massive army of Xerxes, and after the Persian navy was destroyed at Salimis, Xerxes departed for Persia and left a sizable...
  • Jun 22

    The Pendulum Clock, and building a wooden gear clock from a kit

    The Pendulum Clock, and building a wooden gear clock from a kit
    The first pendulum clock was invented in 1656 by Christian Huygens in the Netherlands. This clock as based on an escapement, a device which allows the first gear of the clock to advance only one gear at a time, with...
  • Mar 31

    Shaver and Swanson, LLP, our new patent law firm

    Shaver and Swanson, LLP, our new patent law firm
    Scott Swanson, our Paralegal Amy Hennig, and our Office Manager Dicsie Gullick and I recently started a new law firm, to continue our work in patent and trademark law, as well as litigation involving patents and trademarks. We got my...
Rank this Week: 699

The University of Chicago Law…

The University of Chicago Law School Faculty Blog

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

http://uchicagolaw.typepad.com/faculty/
  • Jan 22

    Notice and Comment, Behavioral Economics, and United States v. Texa

    Notice and Comment, Behavioral Economics, and United States v. Texa
    Assistant Professor Daniel Hemel on the Supreme Court’s certiorari grant in United States v. Texas: In many respects, the Supreme Court’s cert grant earlier this week in United States v. Texas was utterly unsurprising. The Fifth Circuit…
  • Jan 6

    Friedrichs, Free-Riding, and Life After the Agency Shop

    Friedrichs, Free-Riding, and Life After the Agency Shop
    Assistant Professor Daniel Hemel and UC Berkeley Jurisprudence & Social Policy Ph.D. candidate David Louk on next Monday’s Supreme Court oral argument in Friedrichs v. California Teachers Association: The Supreme Court will soon decide…
  • Jan 1

    The Tax Returns of the Top 400: A Deeper Dive

    The Tax Returns of the Top 400: A Deeper Dive
    Assistant Professor Daniel Hemel on taxes paid by the highest earners in the United States: The IRS released data this week on the 400 individual income tax returns with the highest adjusted gross incomes (AGIs). According to the IRS data,...
Rank this Week: 714

Kunkle Law Blog

Kunkle Law Blog

Covers trademark, copyright and entertainment law. By Kenneth L. Kunkle.

http://kunklelaw.com/blog
  • Nov 2

    FAQ – Common law trademark

    FAQ – Common law trademark
    Am I protected with a common law trademark – without federal registration? Q: I recently started selling a product in the US.  I registered the copyright for photos and designed some unique product packaging that included…
  • Nov 2

    FAQ – Am I protected under trademark law, without federal registration?

    FAQ – Am I protected under trademark law, without federal registration?
    Q: I recently started selling a product throughout the US.  I have registered the copyright for photos and designed some unique product packaging that included the brand name I came up with.  I think it pretty distinctive and I…
  • Oct 26

    10 Trademarks Just in Time for Halloween

    10 Trademarks Just in Time for Halloween
    While some folks might think trademarks can be a little scary, I know that they can also be a little fun. G&S: Processed cereal-based food to be used as a breakfast food, snack food or ingredient for making other foods.Serial ……
Rank this Week: 655