Intellectual Property Law Blogs - Law Blogs, Legal Blogs Directory & Search Engine

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/

Jun 17
Counterclaim Need Not Plead Facts to Overcome Statute of Limitations Affirmative Defense

Counterclaim Need Not Plead Facts to Overcome Statute of Limitations Affirmative Defense

Flava Works, Inc. v. Momient, No. 11 C 6306, Slip Op. (N.D. Ill. Mar. 18, 2013) (Shadur, Sen. J.). Judge Shadur denied plaintiff Flava Works’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s copyright infringement…
Jun 15
Court Sua Sponte Orders Production of Evidence and a Hearing on a Copyright Issue

Court Sua Sponte Orders Production of Evidence and a Hearing on a Copyright Issue

Flava Works, Inc. v. Momient, No. 11 C 6306, Slip Op. (N.D. Ill. Apr. 1, 2013) (Shadur, Sen. J.). Judge Shadur, after reading plaintiff FlavaWorks’ answer to defendant’s copyright counterclaims, sua sponte ordered FlavaWorks to…
May 28
Rocky Mountain IP & Technology Institute

Rocky Mountain IP & Technology Institute

At the end of this week, I will be heading to the Colorado Rockies at for the Annual Rocky Mountain IP & Technology Institute where I will be moderating a panel called “Damages Models: What Are We Seeing After the Federal…

Rank this Week: 155

China Hearsay

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

http://www.chinahearsay.com/

Jun 13
It’s 2013, and We’re Talking About Someone Defecting to the Red

It’s 2013, and We’re Talking About Someone Defecting to the Red

The most recent blah blah blah about NSA whistleblower Eddie Snowden, now running about somewhere in Hong Kong (I’m guessing Lamma Island, with all the other hippies), is that he may defect to the PRC with all his ill-gotten…
Jun 9
Protesting Too Much

Protesting Too Much

China will continue to create fair, justified and open conditions for foreign businesses, Vice Premier Zhang Gaoli said in Chengdu on Thursday. Zhang made the remarks while meeting with attendees of the 2013 Fortune Global Forum, which opened…
Jun 2
Smithfield-Shuanghui Deal: CFIUS, Food Quality, and More

Smithfield-Shuanghui Deal: CFIUS, Food Quality, and More

I missed quite a few good China stories during my trip to India, but this proposed takeover of Smithfield Foods by Chinese meat powerhouse Shuanghui (also trades under the oleaginous name Shineway) is probably the most important one in the…

Rank this Week: 2534

chosaq

Tracks copyright related policy & technology developments in Japan. By Andreas Bovens.

http://chosaq.net

Jan 16
Japan Times article on recent net related legislative development

Japan Times article on recent net related legislative development

A quick pointer to a Japan Times article about some of the issues mentioned in my last entry. Chris Salzberg, of Global Voices and Gyaku.jp fame, was so nice to include a quote from a recent conversation we had about this issue :-)
Jan 3
Japan to outlaw downloading illegally reproduced content?

Japan to outlaw downloading illegally reproduced content?

The Private Music and Video Recording Subcommittee (??????????) of Japan’s Agency for Cultural Affairs is pushing for a revision of Article 30 of the copyright law, which will outlaw downloading illegal copies of content. Under the current…
Dec 19
A long overdue update

A long overdue update

Now that has taken a while! More than 4 months without a single entry—luckily enough, my stats tool reminds me from time to time that people still find their way to this blog. Traffic hasn’t really gone down over the last four months, and…

Rank this Week: 3268

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

Jun 18
Is Prince Behind the Playboy Marfa Project?

Is Prince Behind the Playboy Marfa Project?

Just back from London, but I heard about his last week and have been meaning to write a bit about it. According to Texas-based, Big Bend Now, Playboy Enterprises Inc. has begun installing a large-scale sculpture on the outskirts of Marfa, but…
Jun 18
Seth Siegelaub: “You don’t need a gallery to show ideas”

Seth Siegelaub: “You don’t need a gallery to show ideas”

Seth Siegelaub passed away last week. Curator and artist, Lauren van Haaften-Schick provides a vivid memory of Seth, giving him credit and thanks for more than just artistic production. Seth Siegelaub’s simple dictum “You…
Jun 14
Happy Lawsuit to You

Happy Lawsuit to You

Via the paper of record (no, not The Guardian), a filmmaker is suing to prove that the song, “Happy Birthday to You,” is in the public domain.

Rank this Week: 14

cogito ergo teneo; an intellectual…

cogito ergo teneo; an intellectual property blawg

Covers recent U.S. copyright, trademark and trade secret law news.

http://cogitoergoteneo.blogspot.com/

Dec 4
112807 IP New

112807 IP New

Oh, just had to comment on this one:
Nov 28
Copyright Law: Viewfinder 060507

Copyright Law: Viewfinder 060507

Sarl Louis Fraud v. Viewfinder, 2nd U.S. Circuit Court of Appeals, No. 05-5927-cv (June 5, 2007):Issue:
Nov 28
Copyright Law: Loretta Lynn 060607

Copyright Law: Loretta Lynn 060607

Loretta Lynn v. Sure-Fire Music Company, 6th U.S. Circuit Court of Appeals, No. 06-5358 (June 6, 2007):Issue:The short of it is Loretta Lynn and Sure Fire were battling over copy rights to several songs penned by Loretta Lynn. Loretta Lynn…

Rank this Week: 3605

Come and Take It

Covers intellectual property protection litigation. By Mark Methenitis and Mary Goodrich.

http://tradesecrets.blogspot.com/

Sep 30
How do I learn to Trade Online

How do I learn to Trade Online

Read this and never worry about making money again… Featured below are the BEST TRAINING PRODUCTS available for learning how to TRADE ONLINE
Sep 29
Share Trade Secret

Share Trade Secret

Welcome to the site that will help you find the best training products to learn how to Trade Shares Online. Are you struggling to learn how to trade shares online with out loosing your pants! Do you want to have access to proven learning…
Jun 19
New Lawsuit Emerges Between Retractable Technologies and Becton

New Lawsuit Emerges Between Retractable Technologies and Becton

Retractable Technologies Inc. (a company who makes safety needle devices) filed another lawsuit in Texas against Becton Dickinson and Co. accusing the medical technology giant of patent infringement, false advertising and anti-competitive…

Rank this Week: 2925

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

http://www.commlawblog.com/

Jun 18
Update: Comment Deadlines Set in Big House Burner Ban Proceeding

Update: Comment Deadlines Set in Big House Burner Ban Proceeding

Last month we reported on a Notice of Proposed Rulemaking (NPRM) looking to address the problem of contraband cell phone use in prisons. The NPRM has now been published in the Federal Register, which means that comment and reply comment…
Jun 17
Critical Infrastructure Proponents Seek Review of 14 GHz Turndown

Critical Infrastructure Proponents Seek Review of 14 GHz Turndown

Pleading asks full Commission to reverse decision of three bureaus. We reported in May that three of the FCC’s bureaus turned down, after five years, a Petition for Rulemaking from the Utilities Telecom Council and Winchester…
Jun 17
5 GHz Reply Date Extended

5 GHz Reply Date Extended

Reply comments in the proceeding on 5 GHz unlicensed operation are now due July 24. In February we reported on an FCC proposal that would not only add new 5 GHz frequencies but also overhaul – maybe even simplify…

Rank this Week: 152

Complex I.P. Blog

Covers intellectual property law. By Kain & Associates.

http://www.complexip.com/

Jun 17
Oprah’s OWN Network Powerless To Defend “Own Your Power” Trademark

Oprah’s OWN Network Powerless To Defend “Own Your Power” Trademark

The Second Circuit Court of Appeals has held that Oprah Winfrey’s use of the phrase “Own Your Power” is not protected by the fair use defense. Kelly-Brown and Own Your Power Communications, Inc., v. Oprah Winfrey, et…
Jun 6
“Premium Rush” Movie By Sony Pictures Not Substantially Similar Enough To “Ultimate Rush” Novel For Copyright Infringement

“Premium Rush” Movie By Sony Pictures Not Substantially Similar Enough To “Ultimate Rush” Novel For Copyright Infringement

The Court for the Northern District of California granted defendant Sony Pictures’ motion for summary judgment against plaintiff Joe Quirk regarding Quirk’s allegations that Sony made an unauthorized adaptation of Quirk’s…
Jun 4
Transformative Work Need Not Include Commentary To Be Classified As Transformative Under Copyright Act’s Fair Use Provision

Transformative Work Need Not Include Commentary To Be Classified As Transformative Under Copyright Act’s Fair Use Provision

The Second Circuit Court of Appeals in New York (2nd Circuit) reversed a lower court ruling which applied the wrong standard for determining whether a work was transformative under the Copyright Act’s fair use statute, 17 U.S.C. §…

Rank this Week: 1848

Connecticut Trademark Lawyer Blog

Covers trademark infringement and registration. By James Hastings.

http://www.connecticuttrademarklawyerblog.com/

Apr 24
U.S. Trademark Law Basic

U.S. Trademark Law Basic

If you are a company seeking a U.S. trademark registration for its business name, there are strict rules that must be followed. These rules are made available to the public at the United States Patent and Trademark Office website.
Apr 21
What is Trademark Infringement?

What is Trademark Infringement?

Trademark law provide companies with important exclusive ownership rights to use their trademark on goods and services to the exclusion of other parties. If a competitor begins to use an identical or similar trademark for the same or related…
Mar 26
Trademark Application Basic

Trademark Application Basic

For Connecticut companies, filing a trademark application with the United States Patent and Trademark Office is the first step in protecting a company's valuable Connecticut trademarks and brand names.

Rank this Week: 3002

Contemporary Intellectual…

Contemporary Intellectual Property, Licensing & Information Law

Covers intellectual property, licensing law, privacy, data protection and security and UCITA. By Raymond T. Nimmer.

http://www.ipinfoblog.com/

Aug 28
Arbitration as a consumer dispute resolution tool

Arbitration as a consumer dispute resolution tool

Several months ago the Supreme Court insulated arbitration clauses in consumer and other small claims settings from the most frequent challenge to their enforceability – the allegation that they are unconscionable unless they allow class…
Aug 8
Trademarks used functionally and not as a mark

Trademarks used functionally and not as a mark

Trademark law gives the mark owner a right to protect against conduct that is likely to create confusion about sources or sponsorship of a product or service. But trademark law does not give the mark owner control over all use of the image,…
Jul 30
Data protection privacy - meet the First Amendment

Data protection privacy - meet the First Amendment

I and others had been wondering when the political frenzy to protect pseudo privacy (actually, personal data protection) laws and regulations restricting a person or a corporation’s use of non-sensitive, personal information about another…

Rank this Week: 3386

Contemporary Intellectual…

Contemporary Intellectual Property, Licensing & Information Law

Covers issues around intellectual property, licensing law, privacy, data protection, and security and UCITA. Published by Raymond T. Nimmer, the Leonard Childs Professor of Law at the University of Houston Law Center and co-director of the Houston Intelle

http://www.ipinfoblog.com/

Aug 28
Arbitration as a consumer dispute resolution tool

Arbitration as a consumer dispute resolution tool

Several months ago the Supreme Court insulated arbitration clauses in consumer and other small claims settings from the most frequent challenge to their enforceability – the allegation that they are unconscionable unless they allow class…
Aug 8
Trademarks used functionally and not as a mark

Trademarks used functionally and not as a mark

Trademark law gives the mark owner a right to protect against conduct that is likely to create confusion about sources or sponsorship of a product or service. But trademark law does not give the mark owner control over all use of the image,…
Jul 30
Data protection privacy - meet the First Amendment

Data protection privacy - meet the First Amendment

I and others had been wondering when the political frenzy to protect pseudo privacy (actually, personal data protection) laws and regulations restricting a person or a corporation’s use of non-sensitive, personal information about another…

Rank this Week: 2382

Control Protect & Leverage

Covers patents, trademark, copyright, and business law. By Leyendecker & Lemire.

http://coloradoiplaw.com/wordpress/

Nov 19
Does Tim own Tebowing?

Does Tim own Tebowing?

And does this mean you can’t do it any more? Has a trademark taken Tebowing off the table? The short answer: No. Neither Tim Tebow nor any business entity with which he is involved owns a trademark on his signature move.
Oct 15
The Perils of Employee Classification

The Perils of Employee Classification

An ounce of prevention and all that… One of the battles employment attorneys constantly struggle with is raising awareness about the consequences of misclassifying workers that are technically employees as independent contractors. While…
Aug 13
The perils of public-generated content

The perils of public-generated content

There is a well-known phrase known to businesses relying on the internet to help drive marketing and sales: “Content is king.” That phrase has expanded, in the wake of businesses turning to Facebook and YouTube and in the development and…

Rank this Week: 1604

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/home/corante/public_html/copyfight/

Jun 14
MSFT to Region-Lock Xbox One on Launch

MSFT to Region-Lock Xbox One on Launch

Microsoft seems to be all about the DRM with its latest entry into the consumer market. It is now confirmed (here reddit dissects the official Xbox Twitter feed) that only 21 countries will be able to use the console on launch. Notably this…
Jun 14
Myriad Genetics, One Opinion

Myriad Genetics, One Opinion

Probably the most surprising thing to me was that SCOTUS managed to craft a single unified opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. Given the complexities at issue and the previous rulings from the Court, I…
Jun 13
Analyzing Netflix's Economics Misses Netflix's Long Game

Analyzing Netflix's Economics Misses Netflix's Long Game

Trying to guess Netflix's content economics seems to be a popular pastime this year; however, as Felix Salmon describes, these analyses are missing the forest for the trees. The latest entry in this game is a nicely written in-depth piece by…

Rank this Week: 92

Copyhype

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

http://www.copyhype.com/

Jun 14
Friday’s Endnotes – 06/14/13

Friday’s Endnotes – 06/14/13

Time and Cost of Making an Album Case Study: NIRVANA — Justin Colletti offers an interesting look at how long and for how much it took to make three of Nirvana’s albums, and what that translates into in today’s dollars.…
Jun 13
Redefining Free Culture

Redefining Free Culture

In the prologue of his 2004 book, Free Culture, Lawrence Lessig writes: A free culture supports and protects creators and innovators. It does this directly by granting intellectual property rights. But it does so indirectly by limiting the…
Jun 10
The Downside of Disintermediation

The Downside of Disintermediation

Skeptics of copyright are generally not too fond of “gatekeepers.” Prior to the widescale adoption of the internet, these “gatekeepers”, the typical narrative goes, controlled what the masses read, watched, and…

Rank this Week: 165

CopyOwner

Written from the perspective owners of expressive materials (movies, books, pictures, songs, video games, etc.) who are subject to competition laws, copyright laws, and freedom of expression laws. By John T. Mitchell.

http://interactionlaw.com/wordpress

Dec 27
Boehner Abdicates, Along With House Republican

Boehner Abdicates, Along With House Republican

CNN reports, “Obama, congressional leaders to discuss impending fiscal cliff - CNN.com,” in coverage similar to that of so much other of the attention-addled media. For the last several weeks, we have been plastered with coverage…
Oct 31
Writing Wrong Kirtsaeng Headline

Writing Wrong Kirtsaeng Headline

After the Supreme Court heard oral argument on the case of Kirtsaeng v. John Wiley & Sons, Inc., on October 29, 2012, many of the reports contained some inaccuracies, and some got it generally right. But who writes the wrong headlines? Even…
Jun 25
Fuck the “F-Word”

Fuck the “F-Word”

The Supreme Court’s ruling in FCC v. Fox Television Stations, Inc. fizzled rather than sizzled, as far as First Amendment issues are concerned. In essence, the Court did not bother to assess the First Amendment constitutionality of the…

Rank this Week: 2573

Copyright & Trademark Matters

Offers insights and developments in copyright and trademark law. By Mintz Levin.

http://www.copyrighttrademarkmatters.com

Jun 17
More About Trademark Surnames: The Borghese Dispute

More About Trademark Surnames: The Borghese Dispute

Written by: Susan Neuberger Weller Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and…
Jun 12
Loutboutin Sees Red Again: Protecting Color as a Trademark

Loutboutin Sees Red Again: Protecting Color as a Trademark

Written by: Susan Neuberger Weller Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and…
Jun 6
Why Can’t I Use My Own Name? : Trademarks and Surname

Why Can’t I Use My Own Name? : Trademarks and Surname

Written by: Susan Neuberger Weller There are many “myths” that float about in the general public about what can and cannot function as a trademark. For example, people often tell me that they “know” that…

Rank this Week: 1005

Copyright Chronicle

Covers copyright law and current copyright issues. By Thomas P. Gulick.

http://copyrightchronicle.blogspot.com/

May 16
Builder Beware: Copyright Infringement for Architectural Design

Builder Beware: Copyright Infringement for Architectural Design

An often overlooked function of the Copyright Act is the protection it provides for architectural works. Recently, however, the Eastern District of New York was called upon to decide a copyright infringement claim involving…
Apr 8
Ray Charles Foundation told to "Hit the Road Jack."

Ray Charles Foundation told to "Hit the Road Jack."

In The Ray Charles Foundation v. Robinson (C.D. Cal. 12-cv-2725), the court takes an interesting side-step around what will undoubtedly be the hottest copyright issue in the very near future – termination. The musician Ray Charles…
Mar 6
Arbitron sues Cleveland television station

Arbitron sues Cleveland television station

Plaintiff Arbitron is an audience measurement firm which provides ratings information for such media as radio and television. Plaintiff prepares different reports for different media markets including Cleveland, Ohio. …

Rank this Week: 746

Copyright Infringement Advisor

Covers DMCA, fair use, and online piracy. By Whitaker Law Group.

http://www.copyrightinfringementadvisor.com

Oct 9
Copyright Trolling: Don’t Get A Default!

Copyright Trolling: Don’t Get A Default!

We all talk about these mass bittorrent lawyers like they are
Oct 4
Copyright Trolling: AF Holdings Names Another Doe

Copyright Trolling: AF Holdings Names Another Doe

It looks like the Copyright Trolls are trying to make good on their threats to start suing individuals who refuse to settle up. Earlier, Daniel G.
Sep 28
Open WiFi Is NOT Negligence

Open WiFi Is NOT Negligence

I wanted to post a quick note about the new case recently filed by Daniel G. Ruggiero in Pennsylvania, as reported by DieTrollDie.

Rank this Week: 2922

COPYRIGHT LAW and COPYRIGHT…

COPYRIGHT LAW and COPYRIGHT INFORMATION

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

http://researchcopyright.blogspot.com/

Aug 29
Copyright Infringement Basics - A Copyright Lawyer's Perspective

Copyright Infringement Basics - A Copyright Lawyer's Perspective

By Enrico SchaeferFew legal principles inspire more confusion than copyright law. Our copyright lawyers often spend as much time educating our clients as we do digging into their specific legal issues. Copyright law, like other intellectual…
Jul 17
Google Images for Royalty Free Photos?

Google Images for Royalty Free Photos?

By Stephen BrowneSearching Google Images is a great way to locate very targeted photos, artwork, drawings, logos, banners, and just about any other type of graphical image you can imagine.With Google's Advanced Image Search feature, anyone…
Jul 17
How to Research the Copyright Status of a Book

How to Research the Copyright Status of a Book

By Steven ChabotteWhen seeking US published works in the public domain, there is a gray area from 1923 to 1963 where the book may or may not be in the public domain.

Rank this Week: 2010

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/

Jun 13
Is Our Federal Justice System Being Dismantled?

Is Our Federal Justice System Being Dismantled?

THE FEDERAL BAR ASSOCIATION CHAPTERSFOR THE EASTERN AND SOUTHERN DISTRICTS OF NEW YORKInvite you to an important forumand information briefing:IS OUR FEDERAL JUSTICE SYSTEM BEING DISMANTLED? A report from Capitol Hill on the budget…
Jun 5
Call In At Lunchtime Today: Ethics and Intellectual Property CLE

Call In At Lunchtime Today: Ethics and Intellectual Property CLE

Ray Dowd, author of West’s Copyright Litigation Handbook, and partner at Dunnington…
May 30
Art Law - DePaul Article: It's OK for US Museums To Sue Jews Over Artworks Stolen During the Holocaust

Art Law - DePaul Article: It's OK for US Museums To Sue Jews Over Artworks Stolen During the Holocaust

I was provided with an article from Volume XXIII of the DePaul Journal of Art, Technology and Intellectual Property Law (2013) at page 279. The article is written by Simon Frankel, a partner of Covington & Burling who was…

Rank this Week: 180

Copyright, Intellectual Property,…

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

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

http://www.barrysookman.com

Jun 18
Computer and Internet Law Updates for 2013-06-18

Computer and Internet Law Updates for 2013-06-18

Retirement of Mario Bouchard http://wp.me/p3flp9-2NA Can a Website Disclaimer Prevent Declaratory Judgment Actions in IP Cases? Maybe…or Maybe Not http://buff.ly/126bL5l The Internet Society Wants to Punch Your Nose and Commoditize You…
Jun 18
Implications of Canada’s Anti-SPAM Legislation (CASL) for IT Busine

Implications of Canada’s Anti-SPAM Legislation (CASL) for IT Busine

Yesterday, Andre Leduc of Industry Canada, Lynn Perrault of the CRTC, along with Toronto IT lawyers Mike Fekete and Mark Hayes, spoke at IT.Can’s The 2003 Information Technology Law Spring Forum. Their topic was the Implications of…
Jun 17
Retirement of Mario Bouchard from Copyright Board

Retirement of Mario Bouchard from Copyright Board

Claude Majeau, Vice-Chairman & CEO of the Copyright Board just announded the retirement of Mario Bouchard, General Counsel of the Board. Here is a copy of the announcement: Retirement of Mario Bouchard / Retraite de Mario Bouchard…

Rank this Week: 45

Copywrite

Covers copyright, patents, trade secrets and trademarks. By D. Keith Henning of the William H. Bowen School of Law.

http://copywrite.org

Oct 14
Blog Ending

Blog Ending

You may have noticed that posting has been very slow as of late. After seeing that Prof. Paltry is closing down his blog, I am following suit. The reasons for ending the blog are the same as why I have not been blogging much and why Paltry is…
Sep 11
Arkansas Bar Exam Results – July 2008

Arkansas Bar Exam Results – July 2008

Bar exam results are out for July 2008. Congrats to all of my classmates and students. The full list, also available on the Ark. Supreme Court (pdf) web site, follows: Ables, Jason Keith 68 Kings River Rd. N. Little Rock, AR 72116
Sep 8
Posting will be slow – working on a business plan

Posting will be slow – working on a business plan

I will be posting very sporadically for the next few months. I am not teaching this semester and am working on a business plan in order to begin raising money in the spring.

Rank this Week: 2203

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 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,…
Sep 20
"Fashion Copyright" Bill (IDPA) Headed for Full Senate

"Fashion Copyright" Bill (IDPA) Headed for Full Senate

Once again, the little "fashion copyright" bill that could has been made it through the Senate Judiciary Committee and is headed for the full Senate!

Rank this Week: 1347

Current copyright readings

Bibliography of current articles on the Digital Millennium Copyright Act, the TEACH act and other copyright issues. Maintained by Claire Stewart, Northwestern University Library. With contributions from Paul Clough, Stu Baker and Brian Nielsen.

http://copyrightreadings.blogspot.com/

Oct 4
Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Musicby Scott NicholsPC World, publication date: 29 September 2008 "Wal-Mart is just following the recent trend of screwing over customers by dropping DRM, as led by Microsoft and Yahoo. Sure,…
May 23
First Sale Victory in Vernor

First Sale Victory in Vernor

First Sale Victory in Vernorby WILLIAM PATRYPatry Copyright Blog, publication date: 22 May 2008 "...Judge Jones found that the transactions were legal. To do so, he had to wade through a thicket of court of appeals' opinions, ultimately…
May 23
Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

A very interesting week for Microsoft news: confirms a broadcast flag, announces ODF support, drops book programMicrosoft confirms Windows adheres to broadcast flagby Greg SandovalCNet News, publication date:18 May 2008 Open-Source File…

Rank this Week: 3050

Current copyright readings

Bibliography of current articles on the Digital Millennium Copyright Act, the Teach Act and other copyright issues. By M. Claire Stewart.

http://copyrightreadings.blogspot.com/

Oct 4
Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Musicby Scott NicholsPC World, publication date: 29 September 2008 "Wal-Mart is just following the recent trend of screwing over customers by dropping DRM, as led by Microsoft and Yahoo. Sure,…
May 23
First Sale Victory in Vernor

First Sale Victory in Vernor

First Sale Victory in Vernorby WILLIAM PATRYPatry Copyright Blog, publication date: 22 May 2008 "...Judge Jones found that the transactions were legal. To do so, he had to wade through a thicket of court of appeals' opinions, ultimately…
May 23
Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

A very interesting week for Microsoft news: confirms a broadcast flag, announces ODF support, drops book programMicrosoft confirms Windows adheres to broadcast flagby Greg SandovalCNet News, publication date:18 May 2008 Open-Source File…

Rank this Week: 2572

Current Trends in Copyright,…

Current Trends in Copyright, Trademark & Entertainment Law

By the Bennet Law Office.

http://ipandentertainmentlaw.wordpress.com

Jun 13
Trademark Basics Part 3: Intent to Use

Trademark Basics Part 3: Intent to Use

In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks. You may be interested in Part 1 on “Selecting A Trademark,” …
Jun 10
Trademark Basics Part 2: From Selection to Application

Trademark Basics Part 2: From Selection to Application

This post is Part 2 of Trademark Basics. Take a look at Part 1 here on selecting a trademark. You may also be interested in Part 3 on “Intent To Use” and Part 4 on “Post Registration.” Q: How does the…
Jun 6
Stone Temple Pilots Trademark and Band Dispute

Stone Temple Pilots Trademark and Band Dispute

The three remaining original band members of the Stone Temple Pilots sued expelled member Scott Weiland in May 2013 claiming breach of their written partnership agreement, breach of fiduciary duty and trademark infringement. Weiland was voted…

Rank this Week: 728

Daily Dose of IP

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

http://dailydoseofip.blogspot.com/

Apr 21
The Third Meeting of the IP5 Heads of Office Recently Held

The Third Meeting of the IP5 Heads of Office Recently Held

On April 15 and 16, 2010, the IP5 met to discuss a series of Foundation Projects geared toward creating a work-sharing environment and improvements to expedite the IP prosecution process. The IP5 is comprised of five patent offices,…
Apr 20
Recent Updates at the CIPO

Recent Updates at the CIPO

The Canadian Intellectual Property Office has recently announced a series of updates for visitors and users of its Web site:1. The Trade-marks Opposition Board (TMOB) has a new "Decisions" page that provides hyperlinks to final decisions…
Apr 16
EPO Provides Summary of Recent Rule Change

EPO Provides Summary of Recent Rule Change

On April 1, 2010, a series of patent practice changes at the European Patent Office (EPO) took effect, including new search and examination rules, as well as new timelines for filing divisional applications.

Rank this Week: 1677

Defend My Domain

Discusses UDRP law and decisions, the Anticybersquatting Consumer Protection Act (ACPA), trademark litigation theories and tactics, computer law principles and an understanding of the web-based transactions and Internet technology. By Kain & Associates.

http://www.defendmydomain.com

Apr 18
Panel tells Alcohol Monitoring Systems to SCRAM

Panel tells Alcohol Monitoring Systems to SCRAM

In a recent domain name dispute over the domain www.SCRAM.com a single member panel denied a request to transfer. See Alcohol Monitoring Systems, Inc.v. Peter Stranney (Nat. Arb. Forum FA 1488482, April 11, 2013). Complainant, offering…
Mar 7
“Tata Massage” can keep its domain

“Tata Massage” can keep its domain

In a recent domain name dispute over the domain, www.tatamassage.com, a single member Panel denied a request to transfer. See Tata Sons Limited v. Tata Massage (WIPO Case No. D2012-2467 , March 4, 2013). Complainant Tata Sons Limited is…
Feb 11
SPORT2000 Sleeps Too Long on its Right

SPORT2000 Sleeps Too Long on its Right

In a recent domain name dispute over the domain, www.SPORT2000.com, a single member Panel denied a request to transfer. See Sport 2000 Brand AG v. sport2000 (WIPO Case No. D2012-2449, January 28, 2013). Complainant Sport Brand AG owns…

Rank this Week: 3041

Defending SIIA Audits

Discusses how businesses should respond to software audits by the Software and Information Industry Association (SIIA). By Robert J. Scott.

http://blawg.scottandscottllp.com/defendingsiiaaudits/

Sep 28
Unauthorized Software: Costly to Your Bottom Line

Unauthorized Software: Costly to Your Bottom Line

The Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”) pursue copyright infringement claims against companies accused of installing unauthorized copies of software. …
Sep 28
Adopting Software Use Policies to Protect Against Copyright Infringement Claim

Adopting Software Use Policies to Protect Against Copyright Infringement Claim

The Business Software Alliance (“BSA”), and the Software & Information Industry Association (“SIIA”) pursue copyright infringement claims on behalf of software publishers, such as Microsoft, Adobe, and Autodesk,…
Sep 28
Judge Rejects Copyright Damages Compilation Component

Judge Rejects Copyright Damages Compilation Component

In Nature’s Enterprises, Inc. v. Pearson (2010), the U.S. District Court for the Southern District of New York rejected Nature’s Enterprises (“NEI’s”) request for damages for each component part of a compilation.…

Rank this Week: 2867

Delaware IP Law Blog

Covers case analysis and commentary on intellectual property law. Published by Young Conaway Stargatt & Taylor, LLP.

http://www.delawareiplaw.com/

Jun 17
Judge Andrews construes claims related to cardiovascular pressure sensor technology

Judge Andrews construes claims related to cardiovascular pressure sensor technology

In St. Jude Medical, Cardiology Division, Inc., et al. v. Volcano Corp., C.A. No. 12-441-RGA (D. Del. May 30, 2013), Judge Richard G. Andrews recently construed the following disputed claim terms of U.S. Patent No. 6,565,514, entitled…
Jun 14
Federal Circuit holds that it may entertain appeals from patent liability determinations in bifurcated trials, confirms acceptability of bifurcation of liability from damages and willfulness issue

Federal Circuit holds that it may entertain appeals from patent liability determinations in bifurcated trials, confirms acceptability of bifurcation of liability from damages and willfulness issue

Today the Federal Circuit held that the Court has jurisdiction to entertain appeals from determinations on patent infringement liability where damages and/or willfulness issues have yet to be decided due to bifurcation. Robert Bosch, LLC v.…
Jun 14
Supreme Court: Mere isolation of naturally occurring DNA segment is not patent eligible. AMP v Myriad Genetics, 569 U.S. ___ (June 13, 2013)

Supreme Court: Mere isolation of naturally occurring DNA segment is not patent eligible. AMP v Myriad Genetics, 569 U.S. ___ (June 13, 2013)

The U.S. Supreme Court’s much anticipated decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., 569 U.S. ___, issued June 13, 2013. In short, the Supreme Court analyzed whether an isolated DNA sequence is…

Rank this Week: 248

Developing Concerns

Covers legal developments affecting the video game industry. By Reed Smith LLP.

http://www.developingconcerns.com

Dec 14
Mobile Games and Privacy - The FTC and California AG Are Taking This Seriously, So Should You

Mobile Games and Privacy - The FTC and California AG Are Taking This Seriously, So Should You

A lot has happened in the (cough) months since our last post, but privacy actions have to be right at the top of the list of recent occurrences that worry our clients. Take, for example, the FTC's new report on mobile application…
Oct 18
Turning Game Players into Game Developer

Turning Game Players into Game Developer

Gamasutra has a great article on why it makes good business sense to utilize players as developers of new content. It can be a new revenue stream for the publisher, it can build brand loyalty, it can increase the game's long tail, and it…
Oct 8
Legal Liability for Warcraft Massacre

Legal Liability for Warcraft Massacre

If you haven't already heard, over this last weekend a character in World of Warcraft went on a killing spree. A virtual killing spree, but a killing spree nonetheless. Video of the massacre can be found on the linked page (thanks to…

Rank this Week: 3633

Digital Rights Ireland

Covers data retention, defamation, DRI, DRM, ID cards, intellectual property, mass surveillance and more.

http://www.digitalrights.ie

Mar 20
Testifying before the Oireachtas Social Media hearing

Testifying before the Oireachtas Social Media hearing

DRI was represented today by TJ McIntyre and Fergal Crehan before the Oireachtas Joint Committee on Transport and Communications which is currently holding a series of hearings on “Social Media Ethics and Regulation”.…
May 11
Data retention threatens journalists also

Data retention threatens journalists also

Henry McDonald in today’s Guardian has an alarming story about Garda surveillance of crime journalists, including routine monitoring of their mobile phone calls and messages: Journalists in Ireland have raised concerns about the country’s…
Oct 17
Innovation, Information and the Internet: Modernising Copyright Law

Innovation, Information and the Internet: Modernising Copyright Law

DRI is organising a conference on copyright reform this Friday (21st October) and would encourage anyone with an interest in the topic to attend. The event is free and you can register online at http://www.dublincopyrightconference.com/. Full…

Rank this Week: 3276

Dirceu Santa Rosa

Covers IP, technology and entertainment law. In Portuguese.

http://dirceusrosa.wordpress.com

Jul 29
Evento na Câmara de Comércio França Brasil

Evento na Câmara de Comércio França Brasil

Prezados, Fiquei uns dias sem vir ao blog. Perdi, como sempre, a senha. Estarei palestrando no dia 09/08 sobre a Reforma da Lei 9610 em um evento da CCFB-Rio. Os dados seguem abaixo :
Jul 18
Seminario “Chapa Branca” sobre a #reformalda em São Paulo hoje !!!

Seminario “Chapa Branca” sobre a #reformalda em São Paulo hoje !!!

Fiquem de olho neste evento do IDEC sobre a Reforma da Lei de Direito Autoral , que ocorrerá no TucaArena hoje.
Jul 14
Gafe do Fantástico – Mais um caso de dano à imagem ?

Gafe do Fantástico – Mais um caso de dano à imagem ?

O site Não Salvo divulgou um pequeno erro em uma matéria do Fantástico envolvendo 2 famosos jogadores de futebol. Aparentemente, mesmo com a imagem sendo mostrada por meros segundos, entendo que o dano à imagem nunca seria do site, que…

Rank this Week: 2031

Director's Forum: David Kappos'…

Director's Forum: David Kappos' Public Blog

From the US Patent and Trademark Office.

http://www.uspto.gov/blog/director/

Jun 17
USPTO and the Obama Administration Taking Action to Improve Incentives for Future Innovation via High Tech Patent

USPTO and the Obama Administration Taking Action to Improve Incentives for Future Innovation via High Tech Patent

Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea This month, President Obama offered a series of sweeping actions that, alongside Congressional steps, will immediately…
Jun 3
Strengthening Our Engagement with China

Strengthening Our Engagement with China

Blog by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO Teresa Stanek Rea As part of our ongoing engagement with China, the USPTO recently hosted two Chinese delegations and two U.S.…
May 30
Advancing the Role of Trademark

Advancing the Role of Trademark

Guest blog by Commissioner for Trademarks Deborah S. Cohn For the last two years the USPTO’s Trademarks team has actively engaged the private sector in developing pro bono and educational outreach programs. The primary goal of these…

Rank this Week: 2020

Displacement of Concepts

Thoughts on technology, innovation, law, legal education, economics, cyberspace, and intellectual property. By Professor Robert Heverly.

http://robert.heverly.org/blog/

Mar 31
Depressing

Depressing

I must admit that at times I display a distinct naivety in my approach to life. I like people. I trust people. Sometimes my own experiences have provided me with reason to behave this way. For example, I worked for many years at the…
Mar 31
Strange Reasoning

Strange Reasoning

Via the Patry Copyright Blog, it seems there was a bit of an interesting discussion over the advertisement run in the UK for Transport for London and created by folks at or associated with WCRS.
Mar 11
Sometimes Location Matter

Sometimes Location Matter

William Patry writes about a recent U.S. Federal District Court decision that is “a masterpiece of analysis and witty writing” (Ricky Gervais Inspires Copyright Opinion). Patry quotes from the decision (citations omitted):

Rank this Week: 1912

DMCA Handbook

Covers online copyright infringement and DMCA for ISPs and content creators and rights holders. By Connie J. Mableson.

http://www.dmcahandbook.com/

May 10
Case puts 512(f) at the forefront with lots of twist

Case puts 512(f) at the forefront with lots of twist

Section 512(f) of the DMCA provides that if someone makes a material misrepresentation in a DMCA notice or counter-notification, they can be liable for damages, including costs and attorney’s fees. The standard applied is a difficult…
Apr 26
Grooveshark Loses to UMG in DMCA Case as to pre-1972 Sound Recording

Grooveshark Loses to UMG in DMCA Case as to pre-1972 Sound Recording

The U.S. Copyright Act has undergone many amendments and revisions since the law was first passed. One type of creative work that is protected by the US Copyright Act are “sound recordings” – recordings of music, spoken…
Apr 25
House Judiciary Committee to Undertake Comprehensive Review of Copyright Law

House Judiciary Committee to Undertake Comprehensive Review of Copyright Law

Today, House Judiciary Committee Chairman Bob Goodlatte (R – Va.) announced that the Judiciary Committee will conduct a comprehensive review of US Copyright Law in the coming months. In remarks made by the Chairman, he said: “The…

Rank this Week: 5036

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/

Jun 17
No Distinction Between Method and System Claims for Divided Infringement Analysi

No Distinction Between Method and System Claims for Divided Infringement Analysi

The court denied in part defendants' motion for summary judgment of noninfringement as to plaintiff's call processing patents and rejected defendants' argument regarding divided infringement. "[Plaintiff] argues that [defendant] is liable for…
Jun 14
Creation of Affiliate to Avoid Injunction Warrants Lost Profits, Attorneys’ Fees and Possibly Enhanced Damage

Creation of Affiliate to Avoid Injunction Warrants Lost Profits, Attorneys’ Fees and Possibly Enhanced Damage

The court granted plaintiff's motion for contempt of a consent permanent injunction against defendant and its affiliate. Plaintiff was awarded lost profits and attorneys' fees along with a potential enhancement of double lost profits because…
Jun 13
First Final Decision by PTAB in CBM Review: Challenged Claims Unpatentable Under Section 101

First Final Decision by PTAB in CBM Review: Challenged Claims Unpatentable Under Section 101

The Board issued its final written decision that the patent-at -issue, directed to pricing products and services using hierarchies, was unpatentable under 35 U.S.C. § 101. "[E]ach of challenged claims involves the use of an abstract…

Rank this Week: 497

Domain Name Jurisprudence &…

Domain Name Jurisprudence & Commentaries on UDRP Cases

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

http://udrpcommentaries.wordpress.com

May 17
Trademarks Composed of Elements that Include Dictionary Word

Trademarks Composed of Elements that Include Dictionary Word

www.udrpcommentaries.comTrademarks gather strength as they ascend the classification scale. In order, fanciful, arbitrary and suggestive are at the strong end of the scale, while descriptive and generic (if they qualify for registration) are…
May 2
Similarity of Domain Name to Trademark Is Only the Beginning of the Assessment

Similarity of Domain Name to Trademark Is Only the Beginning of the Assessment

www.udrpcommentaries.comUDRP provides remedies on proof of abusive registration of domain names. What constitutes abuse sufficient to support a remedy is something more than having a trademark that another party is using as a domain name.…
Apr 22
Inadvertent Lapse of Both Trademark Registration and Domain Name

Inadvertent Lapse of Both Trademark Registration and Domain Name

www.udrpcommentaries.comFalling out of the trademark registry for failure to file a section 8 affidavit may be embarrassing but not fatal; losing a domain name for inadvertence may be fatal depending on the strength or weakness of the…

Rank this Week: 1476

Dozier Internet Law

Comments on Internet law issues including hacking, intellectual property infringment, spam, free speech and regulatory matters. By John W. Dozier, Jr.

http://johndozierjr.typepad.com/dozierinternetlaw/

Oct 12
Internet Law: MySpace Murder in Virginia

Internet Law: MySpace Murder in Virginia

A suspect in the mass murder of four parents and teens in Farmville, Virginia has been arrested at the airport trying to flee to California. In "Google Bomb" I call for changes to Section 230 immunity so that web sites have the ability to…
Apr 16
Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Eric Goldman is a professor at Santa Clara University and as a former general counsel to Epinions.com has a long standing view of free speech that is, to say the least, one sided. He seems to always support a very liberal interpretation of…
Apr 16
Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Eric Goldman is a professor at Santa Clara University and as a former general counsel to Epinions.com has a long standing view of free speech that is, to say the least, one sided. He seems to always support a very liberal interpretation of…

Rank this Week: 1991

DRG Law

Business, intellectual property, litigation, and transactional issues from a legal and relational perspective. By Douglas R. Griess.

http://drglaw.blogspot.com/

Feb 5
Started My Own Firm, New Blog/RSS Location

Started My Own Firm, New Blog/RSS Location

Back in November, I headed out on my own to start The Griess Law Firm, LLC. As a part of the process, I have created a new website with a new domain and a new location for my blog posts. The new RSS feed is located at…
Sep 15
Civil Theft, Breach of Contract, and Software Development with a Copyright Ownership Defense in Colorado State Court

Civil Theft, Breach of Contract, and Software Development with a Copyright Ownership Defense in Colorado State Court

A recent Colorado Court of Appeals case addresses an interesting situation invol
Sep 1
Sorry, Been Real Busy, Blessings of Flexible Work Schedule, and How the Workplace Has Changed

Sorry, Been Real Busy, Blessings of Flexible Work Schedule, and How the Workplace Has Changed

First, let me apologize that this is the first post in over a month. At first I was real busy with work, and then a whole set of problems occurred at work that prevented me from being able to pay attention to the blog.

Rank this Week: 2684

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/

Jun 18
As Seen On TV

As Seen On TV

- Mark Prus, Principal, NameFlash One of my local stores has a huge selection of “As Seen on TV” products. In reviewing their offerings, it occurred to me that the brand names are almost all descriptive & highly…
Jun 17
This Mac Needs a Knife Too

This Mac Needs a Knife Too

Louis Armstrong first performed “Mack the Knife” in 1956, a year later McDonald’s introduced the Big Mac, and then, Bobby Darin’s version of ”Mack the Knife” became a chart-topper in 1959.…
Jun 14
It’s Not Easy Being Green…Or Is It.

It’s Not Easy Being Green…Or Is It.

Anyone that watches TV or reads magazine or listens to the radio or otherwise participates in the day-to-day interactions with society know that “green” marketing is a hot item right now. Normally, I suffer silently through…

Rank this Week: 166

e^(ip)

Covers intellectual property management. By Erin-Michael Gill.

http://www.gillip.com/

Jun 8
Explaining Patent Trolls to a Wall Street Audience

Explaining Patent Trolls to a Wall Street Audience

Asked to detail the President’s patent troll initiatives to an investor focused viewership. Thanks from e^(ip) - www.gillip.com - emg@gillip.com
Jun 8
Recent segment on Bloomberg TV

Recent segment on Bloomberg TV

Discussing the Samsung-Apple patent wars with Sara Eisen and Erik Schatzker on Bloomberg Television's "Market Makers." (Source: Bloomberg)Thanks from e^(ip) - www.gillip.com - emg@gillip.com
Nov 19
Discussing Samsung IP Strategy On Bloomberg Asia TV's "First Up"

Discussing Samsung IP Strategy On Bloomberg Asia TV's "First Up"

The Washington Post picked up the related long form story from Bloomberg, where I was quoted about how the the endgame for Samsung could well be designing around Apple's portfolio.

Rank this Week: 2673

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/

Jun 17
Texas Lawyer - "Patent Law: Best Practices As Seen From The Bench" with Judge Gilstrap and Judge Payne - part 2

Texas Lawyer - "Patent Law: Best Practices As Seen From The Bench" with Judge Gilstrap and Judge Payne - part 2

Texas Lawyer's patent judge roundtable continued this week, with Judges Lynn and Judge Godbey from the Northern District of Texas and Judge Gilstrap and Magistrate Judge Payne from the Eastern District covering joinder and multi-defendant…
Jun 17
Motion for Leave to Supplement Invalidity Contentions Denied

Motion for Leave to Supplement Invalidity Contentions Denied

GeoTag v. Frontier, et al., 2:10cv265 (6/12/13) Judge: Rodney Gilstrap Holding: Defendants' Motion for Leave to Supplement Invalidity Contentions DENIED Defendants sought leave to amend their invalidity contentions pursuant to P.R. 3-6 to add…
Jun 17
Marshall jury finds for defendant Reynold

Marshall jury finds for defendant Reynold

Friday afternoon a Marshall jury in Judge Rodney Gilstrap's court found for defendant Reynolds Consumer Products in a patent infringement case brought by KKG, LLC dealing with crock pot liners. The jury also found that the single asserted…

Rank this Week: 259

ED Michigan IP Report

Discusses patent and other intellectual property litigation news from the U.S. District Court for the Eastern District of Michigan.

http://edmichipreport.com/

Jun 13
Supreme Court Rules 9-0 in Myriad – cDNA is Patentable, Isolated Human DNA Molecules Are Not

Supreme Court Rules 9-0 in Myriad – cDNA is Patentable, Isolated Human DNA Molecules Are Not

A quick report on this morning’s decision is HERE. The link to the opinions is HERE. Tweet
May 13
Supreme Court Decides Bowman v. Monsanto Co.

Supreme Court Decides Bowman v. Monsanto Co.

The Supreme Court ruled today in Bowman v. Monsanto Co., holding that the doctrine of patent exhaustion does not protect the use of patented genetically-modified seed to cultivate a new crop. The court reasoned that the replanting…
May 10
Stalemate in CLS v. Alice

Stalemate in CLS v. Alice

The U.S. Court of Appeals for the Federal Circuit decided CLS Bank Int’l v. Alice Corp. today. In 7 opinions spanning 135 or so pages, the court affirmed the determination that the method, media and system claims were…

Rank this Week: 2088

Elman Technology Law

Covers intellectual property and internet business law. By Elman Technology Law, P.C.

http://elman.com

Jun 14
Supreme Court, snowed by ACLU smear campaign, resurrects archaic requirement of “invention” as a test of patent eligibility.

Supreme Court, snowed by ACLU smear campaign, resurrects archaic requirement of “invention” as a test of patent eligibility.

In their decision June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, the Supreme Court seems to have been snowed by an anti-patent publicity campaign engineered by a brilliant but diabolical law professor and gullible…
May 25
State of Vermont Declares War on “Patent Trolls”

State of Vermont Declares War on “Patent Trolls”

Senator Patrick Leahy (D-VT) spearheaded the Leahy-Smith America Invents Act, which was signed into law on September 16, 2011, and took effect in stages culminating March 16, 2013. During the pendency of the legislation, Sen. Leahy…
May 22
Are Human Genes Patentable?—The Experts Weigh In

Are Human Genes Patentable?—The Experts Weigh In

Pending Supreme Court Case Against Myriad Genetics Is Analyzed in Biotechnology Law Report New Rochelle, NY, May 22, 2013—A landmark case for the biotechnology industry awaits a Supreme Court ruling, expected in June, on whether…

Rank this Week: 2942

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