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Personalized Medicine Bulletin

Personalized Medicine Bulletin

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

http://www.personalizedmedicinebulletin.com
  • Aug 30

    Nautilus Standard Sinks Dow Patent

    Nautilus Standard Sinks Dow Patent
    Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme…
  • Aug 25

    AmerisourceBergen Guest Post: SOLUTIONS TO OVERCOME REIMBURSEMENT CHALLENGES IN PERSONALIZED MEDICINE

    AmerisourceBergen Guest Post: SOLUTIONS TO OVERCOME REIMBURSEMENT CHALLENGES IN PERSONALIZED MEDICINE
    The continued development and refinement of personalized medicine (PM) has offered an opportunity to revolutionize medical practice and improve outcomes by providing treatments for patients with the notion that “this drug is for…
  • Aug 24

    Protecting Diagnostic Innovation – Two Actor Infringement Liability

    Protecting Diagnostic Innovation – Two Actor Infringement Liability
    In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur: ”where all steps of a claimed method are performed by or…
Rank this Week: 3882

Software Intellectual Property…

Software Intellectual Property Report

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

http://swipreport.com/
  • Aug 30

    Does the New Akamai Decision Breach the Logical Framework of Patent Infringement Law?

    Does the New Akamai Decision Breach the Logical Framework of Patent Infringement Law?
    The Federal Circuit, sitting en banc and in a per curiam opinion, has held a party can be liable as a direct patent infringer under 35 U.S.C. § 271(a) even though it did not make, use, sell, or offer to sell every element of the claimed…
  • Aug 22

    Emergency Call Analysis Patent Claims Invalid Under Alice

    Emergency Call Analysis Patent Claims Invalid Under Alice
    Patent claims directed to an “emergency call analysis system” were held patent ineligible, and a motion to dismiss for failure to claim patent-eligible subject matter under 35 U.S.C. § 101 granted, in Boar’s Head Corp.…
  • Aug 18

    Patent Claims to Use of Inertial Sensors Fail the Alice Test

    Patent Claims to Use of Inertial Sensors Fail the Alice Test
    The Court of Federal Claims recently held that patent claims for determining the orientation of a pilot in a fighter jet, although reciting hardware elements, were invalid as directed to a patent-ineligible abstract idea under 35 U.S.C.…
Rank this Week: 3900

Patentology

Patentology

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

http://blog.patentology.com.au/
  • Aug 29

    Australian High Court to Rule on Obviousne

    Australian High Court to Rule on Obviousne
    At 10.15am this coming Wednesday (2 September 2015) the Australian High Court will hand down its decision in the appeal by AstraZeneca AB against last year’s ruling, by a a special five-judge panel of the Federal Court of Australia,…
  • Aug 23

    Australia’s Productivity Commission to Examine ‘IP Arrangements’, but Hands Will Be Tied on Patent

    Australia’s Productivity Commission to Examine ‘IP Arrangements’, but Hands Will Be Tied on Patent
    The Australian Government has directed its Productivity Commission to undertake a 12 month public enquiry into the intellectual property system, including its effect ‘on investment, competition, trade, innovation and consumer…
  • Aug 16

    Five Easy Ways to Fix the Innovation Patent System

    Five Easy Ways to Fix the Innovation Patent System
    As I reported last week, IP Australia has opened a consultation on the belated recommendation by the now-defunct Australian Advisory Council on Intellectual Property (ACIP) that the government consider abolishing the innovation patent…
Rank this Week: 3106

In Re Bilski Blog

In Re Bilski Blog

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

http://www.bilskiblog.com/blog/
  • Aug 29

    #AliceStorm: The Summertime Blues Continue

    #AliceStorm: The Summertime Blues Continue
    By: Robert R. Sachs In my July post, I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions…
  • Jul 15

    Versata: What's Technological and The New Rule Against Improvement

    Versata: What's Technological and The New Rule Against Improvement
    By: Robert R. Sachs Part II: See Part I #AliceStorm: July is Hot, Hot, Hot…and Versata is Not, Not, Not What Is a "technological invention"? The other part of the CBM definition at issue in Versata is the exclusion of a…
  • Jul 13

    #AliceStorm: July is Hot, Hot, Hot…and Versata is Not, Not, Not

    #AliceStorm: July is Hot, Hot, Hot…and Versata is Not, Not, Not
    By: Robert R. Sachs Part I: #AliceStorm and Versata July invokes images of hot days, cool nights, and fireworks. When it comes to #Alicestorm, the fireworks are happening in the courts, with the Federal Circuit lighting up the sky. In just…
Rank this Week: 4924

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

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

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 2550

Steiger Legal

Steiger Legal

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

http://www.steigerlegal.ch/
  • Aug 28

    Lesenswerte juristische Weblinks #126

    Lesenswerte juristische Weblinks #126
    Ausgewählte Weblinks zu lesenswerten juristischen Inhalten – heute unter anderem zu nutzlosen Datenschutzerklärungen, zu einem Markenstreit zwischen Biermarken und zu beispielsloser Überwachung durch…
  • Aug 23

    ONE MORE THING: Markenrechtlicher Trollversuch von Swatch

    ONE MORE THING: Markenrechtlicher Trollversuch von Swatch
    Apple-Mitgründer Steve Jobs beendete seine Präsentationen – seine so genannten Stevenotes – meist im Stil von Peter Falk mit «One more thing …». In der Folge wurde «One more thing» zu einem…
  • Aug 18

    Vorsicht, Urheberrecht: Pinterest ≠ Public Domain

    Vorsicht, Urheberrecht: Pinterest ≠ Public Domain
    Unwissenheit schützt vor Strafe nicht – auch nicht bei etwaigen Missverständnissen im Urheberrecht. Ein solches Missverständnis begegnete mir kürzlich bei rechtlichen Schritten gegen ein ausländisches…
Rank this Week: 2306

Los Angeles Intellectual Property…

Los Angeles Intellectual Property Lawyer Blog

Covers intellectual property law. By Erik Syverson, Partner at Raines Feldman.

http://www.losangelesintellectualpropertylawyer-blog.com/
  • Aug 28

    Data Breach Can Destroy Your Company and the Lives of Your Customer

    Data Breach Can Destroy Your Company and the Lives of Your Customer
    While Ashley Madison is hardly a pillar of the Fortune 500, or a traditional small market company for that matter, it should serve as a wake-up call to companies of all shapes and sizes.  The fact of the matter is, we are witnessing the…
  • Aug 24

    3rd Circuit Affirms FTC’s Authority to Regulate Data Security and Privacy

    3rd Circuit Affirms FTC’s Authority to Regulate Data Security and Privacy
    Data Security and privacy lawyers around the country have been closely monitoring the matter of FTC v. Wyndham Worldwide Corp pending in the 3rd Circuit.  The case arose over multiple data breaches suffered by Wyndham and its customers…
  • Aug 20

    Data Breach Negligence Cases Here to Stay or so Says the 7th Circuit

    Data Breach Negligence Cases Here to Stay or so Says the 7th Circuit
    Data breach incidents are on the rise and here to stay.  It seems like every week there is a new, high profile breach regarding a government agency, movie studio, retailer or health care provider.  Let’s face it, data breaches…
Rank this Week: 2471

Wisconsin Probate & Estate…

Wisconsin Probate & Estate Planning Blog

Covers estate planning, trusts and wills. By Krause Donovan Estate Law Partners, LLC

http://www.madisontrustlaw.com/
  • Aug 28

    Where is the Best Place to Store Your Original Estate Planning Documents?

    Where is the Best Place to Store Your Original Estate Planning Documents?
    Where is the Best Place to Store Your Original Estate Planning Documents? After you meet with your attorney to sign your estate planning documents, you need to secure the original documents for safekeeping. In order for your representatives…
  • Aug 17

    The Fight Over Robin Williams’ Estate Continue

    The Fight Over Robin Williams’ Estate Continue
    It has been a bit over a year since the tragic death of actor and comedian Robin Williams; however, the family has yet to settle their battle over his estate. Williams took his life in August of 2014 in his California home. The actor had…
  • Aug 8

    Estate Planning for Baby Boomer

    Estate Planning for Baby Boomer
    Estate Planning for Baby Boomers According to financial planners interviewed for an article in USA Today, Baby Boomers are neglecting or simply ignoring the importance of estate planning. They are more focused on their retirement and focused…
Rank this Week: 3979

Trademarkology

Trademarkology

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

http://www.trademarkologist.com/
  • Aug 28

    PECHU SANDWICH: Lettuce, Tomato, Cheese, Chicken – Hold the © and ®

    PECHU SANDWICH: Lettuce, Tomato, Cheese, Chicken – Hold the © and ®
    I read an article about a trademark/copyright lawsuit in Puerto Rico over the “Pechu Sandwich” which is a sandwich sold by Church’s Chicken on the island.  There is another interesting article about it in the…
  • Aug 27

    Watch Out!

    Watch Out!
    Are Apple and Swatch on a trademark collision course? Some think so, but some think different(ly). We will see in time. Last month, Swatch filed applications in Switzerland to register the mark TICK DIFFERENT for use in connection with…
  • Aug 25

    Stolichnaya® – A Tale of Two Owner

    Stolichnaya® – A Tale of Two Owner
    A Russian pseudo-governmental entity claims that it is the rightful owner of the Stolichnaya trademark and that as a result, U.S. distributors who sell the product are acting in violation of established trademark rights.  The problem…
Rank this Week: 2166

New York Trademark Attorney Blog

New York Trademark Attorney Blog

Covers intellectual property law. By Nikki Siesel, Esq. of the Law Offices Of Joseph C. Messina.

http://www.newyorktrademarkattorneyblog.com/
  • Aug 28

    TTAB Grants Petition To Cancel Based On Trademark Common Law Right

    TTAB Grants Petition To Cancel Based On Trademark Common Law Right
    Failure to conduct a proper trademark clearance search can cause significant legal issues for a trademark owner at some point in the future. It is our practice to continually reiterate and encourage our clients to take the time to conduct a…
  • Aug 7

    What If A Final Refusal Is Issued In A Trademark Application?

    What If A Final Refusal Is Issued In A Trademark Application?
    This question is one that is frequently asked by our trademark clients. Once a Final Refusal has issued in an Office Action, a trademark applicant can file a request for reconsideration with the Examining Attorney, file an appeal with…
  • Jul 26

    How To Avoid The Supplemental Register If The Mark Consists Of A Surname

    How To Avoid The Supplemental Register If The Mark Consists Of A Surname
    Under Section 2(e)4 of the Trademark Act a mark that is primarily merely a surname can not be registered on the Principal Register absent a showing of acquired distinctiveness under Section 2(f) of the Trademark Act. See Suisman, Shapiro,…
Rank this Week: 2329

Fashion Counsel with Anthony V.…

Fashion Counsel with Anthony V. Lupo

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

http://www.fashioncounsel.com/
  • Aug 28

    Cheerleader Uniform Designs Eligible for Copyright Protection, Sixth Circuit Rule

    Cheerleader Uniform Designs Eligible for Copyright Protection, Sixth Circuit Rule
    In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection. The US Copyright Act does not provide protection for functional aspects of…
  • Aug 18

    The Start of a New Wearable Brand Battle

    The Start of a New Wearable Brand Battle
    Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance. Jawbone recently filed three lawsuits in three different courts,…
  • Aug 14

    IKEA Repair Program Not Labeled “Recall” By CPSC

    IKEA Repair Program Not Labeled “Recall” By CPSC
    On July 22, 2015, the Consumer Product Safety Commission (CPSC) and the Swedish consumer products company, IKEA, issued a joint press release to announce a “repair program,” addressing a furniture tip-over safety hazard posed by…
Rank this Week: 2278

Seattle Copyright Watch

Seattle Copyright Watch

Covers copyright and other intellectual property topics. By Tonya Gisselberg.

http://www.seattlecopyrightwatch.com/
  • Aug 28

    Gimme a "V" for Cheerleader Uniform Design Copyright Validity!

    Gimme a "V" for Cheerleader Uniform Design Copyright Validity!
    Are cheerleading uniforms truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks? That is the question that strikes at the heart of this appeal. (Opinion pdf page 2). Varsity Brands and its affiliates registered…
  • Aug 21

    Smack Dab in the Middle of a Termination Rights Dispute!

    Smack Dab in the Middle of a Termination Rights Dispute!
    This case addresses the standing required to challenge a copyright grant termination.  Standing is the legal ability to sue another person or entity in a particular court.  Ray Charles entered into agreements with his twelve adult…
  • Aug 14

    Netflix Not Responsible for Nosy Friends and Family Viewing History and Queue

    Netflix Not Responsible for Nosy Friends and Family Viewing History and Queue
    This case is interesting and significant because it is both a case of first impression in the Ninth Circuit and involves the Video Privacy Protection Act (VPPA), which has entertaining historical roots. Meghan Mollett is a Netflix subscriber,…
Rank this Week: 3302

TeleFrieden

TeleFrieden

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

http://telefrieden.blogspot.com/
  • Aug 27

    Loving Wi-Fi to Death—Wireless Carriers Want to Commercialize Unlicensed Spectrum?

    Loving Wi-Fi to Death—Wireless Carriers Want to Commercialize Unlicensed Spectrum?
                Once upon a time, wireless carriers in the U.S. intentionally disabled handsets they sold/leased to prevent subscribers from using Wi-Fi in lieu of licensed and metered…
  • Aug 19

    Comcast Upselling Cable Modem

    Comcast Upselling Cable Modem
                Despite its commitment to improving its customer service, Comcast keeps writing and robocalling me  with an offer I can refuse.  In a rather alarmist tone, Comcast…
  • Aug 3

    Nokia Mapping and the In-Car Billboard

    Nokia Mapping and the In-Car Billboard
                BMW Audi AG and Daimler will pay about $3.1 billion for Nokia’s mapping assets; see…
Rank this Week: 1992

FOSS Patents

FOSS Patents

Covers software patent news and issues with a focus on wireless and mobile devices. By Florian Mueller.

http://www.fosspatents.com
Rank this Week: 3828

PharmaPatents

PharmaPatents

Covers intellectual property in the chemical, biotech, and pharmaceutical fields. By Foley & Lardner LLP.

http://www.pharmapatentsblog.com
  • Aug 26

    Amgen And Apotex Do The Biosimilar Patent Dance

    Amgen And Apotex Do The Biosimilar Patent Dance
    Amgen has filed a complaint under the Biologics Price Competition and Innovation Act (BPCIA), asserting that a biosimilar application filed by Apotex, Inc. infringes two of its patents. Although several complaints have invoked the BPCIA, this…
  • Aug 24

    PTAB Denies Institution Of Kyle Bass's Ampyra Patent Challenge

    PTAB Denies Institution Of Kyle Bass's Ampyra Patent Challenge
    The USPTO Patent Trial and Appeal Board (PTAB) has put an end to Kyle Bass’s Ampyra patent challenge, by denying institution of Inter Partes Review (IPR) proceedings. While many were hoping the PTAB would render a decision based on the…
  • Aug 19

    Federal Circuit Expands Direct Divided Infringement

    Federal Circuit Expands Direct Divided Infringement
    In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct infringement…
Rank this Week: 4056

Fashion Law 101

Fashion Law 101

Covers fashion intellectual property, licensing, and the Design Piracy Prohibition Act (DPPA). By Fox Rothschild LLP.

http://fashionlaw.foxrothschild.com
  • Aug 26

    A Colgate Map to “Circumventing” Retail Price Restraint

    A Colgate Map to “Circumventing” Retail Price Restraint
    The confusion over the Leegin case is legion.  Leegin[1] is a 2007 Supreme Court Case which was supposed to unloose price restraints.  This was and remains of critical concern to the fashion community.   Classically a…
  • Aug 17

    Louis Vuitton and Damier: Inherent versus Acquired Distinctiveness in the European Union

    Louis Vuitton and Damier: Inherent versus Acquired Distinctiveness in the European Union
    When a Louis Vuitton (“LV”) trademark, duly registered in the European Union, is subject to a declaration of invalidity and therefore cancelled, it is a worthwhile exercise to determine what went wrong; a legal post mortem. This…
  • Aug 10

    Co-tenancy Clauses in a Lease for a New Mall Construction

    Co-tenancy Clauses in a Lease for a New Mall Construction
    In the fashion world, we are constantly being approached by landlords and brokers anxious to bring our brands into the mix of their stores in a Mall. A Mall is a unique situation whereby the marketing of your brand is sublimated to the…
Rank this Week: 4043

IP Asset Maximizer Blog

IP Asset Maximizer Blog

Covers IP business strategies. By Jackie Hutter.

http://ipassetmaximizerblog.com/
  • Aug 26

    Companies Create Risk by Leaving IP Strategy Out of Innovation

    Companies Create Risk by Leaving IP Strategy Out of Innovation
    I recently had to give bad news to a new client, the CEO of a successful global electronic hardware company. This CEO hired me earlier this year to help ensure that his company’s upcoming innovations, which were the product of a several…
  • Aug 3

    Lack of Focus on IP Strategy Destroys $100 Millions in Value

    Lack of Focus on IP Strategy Destroys $100 Millions in Value
    As an IP Strategist, I am fascinated by stories from which declining business fortunes can be traced directly to failed patent strategies. Often, the failures can be traced to patent attorney errors that limit the effectiveness of a…
  • Jul 21

    Failure to Generate REAL Patent Protection: Keurig’s Story (Part 2)

    Failure to Generate REAL Patent Protection: Keurig’s Story (Part 2)
    In Part 1 of this “Failure to Create REAL Patent Value: Keurig’s Story,” I asserted that the company’s current business woes can be directly attributable to a flawed patent strategy. To summarize, as a result of the…
Rank this Week: 4392

Docket Alarm Blog

Docket Alarm Blog

Features news and information on PTAB and IP cases worldwide.

https://www.docketalarm.com/blog/
  • Aug 26

    Automate Financial Due Diligence with Docket Alarm

    Automate Financial Due Diligence with Docket Alarm
    Commercial banks, investment banks, brokerages, and other financial institutions spend an inordinate amount of time on due diligence: researching a potential debtor’s financial history and quantifying the amount of risk of a particular…
  • Aug 26

    PTAB Hits a Quarter-Million Filing

    PTAB Hits a Quarter-Million Filing
    Founded almost three years ago, the Patent Trial Appeal Board ("PTAB") has exploded in popularity as the venue of choice for challenging patent validity. This week, the PTAB reached a symbolic, but nevertheless real milestone: exceeding…
  • Aug 24

    War of the Fitness Trackers: Adidas v. Under Armour

    War of the Fitness Trackers: Adidas v. Under Armour
    Back in February of 2014, German sportswear giant Adidas filed a patent infringement suit against competitor Under Armour, Inc. in United States District Court for the District of Delaware.Adidas accused Under Armour and its newly acquired…
Rank this Week: 2559

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com/
  • Aug 25

    U.S. Patent No. 7,635,300: Damage control game program and game machine

    U.S. Patent No. 7,635,300: Damage control game program and game machine
    U.S. Patent No. 7,635,300: Damage control game program and game machineIssued Dec. 22, 2009, to KonamiSummary:The ‘300 patent provides a new way to treat character damage during a game. In past games, a player could heal his character…
  • Aug 18

    Graffiti Artist Sues Jeremy Scott and Moschino

    Graffiti Artist Sues Jeremy Scott and Moschino
    Tierney v. MoschinoUnited States District Court, Central District of CaliforniaCase No. 2:15-cv-05900Filed August 5, 2015While not exactly a video game case, we thought our readers might find this of interest.On August 5, 2015, Plaintiff…
  • Aug 11

    U.S. Patent No. 7,613,616: Training a user to execute a sequence of commands in a game environment by using voice control

    U.S. Patent No. 7,613,616: Training a user to execute a sequence of commands in a game environment by using voice control
    U.S. Patent No. 7,613,616: Training a user to execute a sequence of commands in a game environment by using voice controlIssued Nov. 3, 2009, to SonySummary:Put away your joysticks! The ‘616 patent describes a new way to control your…
Rank this Week: 2639

Scholarly Communications @ Duke

Scholarly Communications @ Duke

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

http://blogs.library.duke.edu/scholcomm/
  • Aug 24

    Defining derivative

    Defining derivative
    It is frequently interesting, and sometimes appalling, to see how a court that does not usually deal with copyright issues reacts when confronted with one.  Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia…
  • Aug 17

    Conspiracy theories, copyright term, and the TPP

    Conspiracy theories, copyright term, and the TPP
    I try to resist the urge to find conspiracies behind political developments; I tell myself that politicians and bureaucrats are just too unorganized and divided to really conspire about much of anything.  But sometimes that…
  • Aug 10

    What happens when there is no publication agreement?

    What happens when there is no publication agreement?
    Scholarly communication discussions and debates usually focus, quite obviously, on the terms of publication agreements and the licenses those agreements often give back to authors to use their own work in limited and specific ways.…
Rank this Week: 2067

North Carolina Journal of Law &…

North Carolina Journal of Law & Technology

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

http://ncjolt.org/
  • Aug 24

    Google’s Potential Influence: How The 2016 Presidential Election Could Be Decided

    Google’s Potential Influence: How The 2016 Presidential Election Could Be Decided
    Political influence is a funny thing because it comes in a variety of forms and originates from a variety of sources. Fortune 500 companies inherently possess the ability to have an astounding amount of political influence on the…
  • Aug 12

    A Game of I Spy: Neighborhood Drone Usage

    A Game of I Spy: Neighborhood Drone Usage
    In July, a Kentucky man was arrested after he shot down a neighbor’s drone that he says was hovering over his yard where his daughter was sunbathing.William “Willie” Merideth, 47, of Bullitt County was charged with first…
  • Aug 6

    Silicon Valley backing “Siri for legal knowledge”

    Silicon Valley backing “Siri for legal knowledge”
    Picture this: You take your seat in your first-year Contracts course. The topic of the day is the Statute of Frauds. After outlining a hypothetical and quickly scanning the seating chart, your professor puts you on the spot: “Under…
Rank this Week: 4387

IP Iustitia

IP Iustitia

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

http://www.ipiustitia.com
  • Aug 24

    Music Lost - The Beatles, US Fair Use and Estoppel in the UK

    Music Lost - The Beatles, US Fair Use and Estoppel in the UK
    The music industry is a hugely cut-throat business, with the 'little guy' often being dominated by the big companies that control the market and access to the more lucrative avenues within that industry. Due to this drastic imbalance…
  • Aug 10

    Tweets Stolen - Further Thoughts on Tweets and Copyright

    Tweets Stolen - Further Thoughts on Tweets and Copyright
    The impact of social media on today's social interaction is undeniable, with people turning to Instagram, Facebook and Twitter for more and more of their entertainment, social and news needs. As this new interaction space has grown, and…
  • Aug 4

    Icons Gone - Photography of Landmarks to be Prevented Through Copyright?

    Icons Gone - Photography of Landmarks to be Prevented Through Copyright?
    Memories are an important part of life, especially when it comes to travels to far-away lands or places, filled with culture, icons and landmarks that dot human history's timeline. As an avid traveler, this writer has taken his share of…
Rank this Week: 2520

OC Patent Lawyer

OC Patent Lawyer

Provides basic patent information and case updates. By James Yang.

http://ocpatentlawyer.com
  • Aug 23

    Advantages of an IPR for defendant

    Advantages of an IPR for defendant
    Bottom line: For parties accused of patent infringement an IPR (inter partes review) for the reasons below is an attractive alternative to full blown litigation for attacking the validity of a patent.   Amendments to the claims are…
  • Aug 18

    CBM patents broadly construed as any financial activity

    CBM patents broadly construed as any financial activity
    Bottom line: A covered business method (CBM) proceeding is a post patent grant proceeding at the United States Patent and Trademark Office.  Anyone to challenge the validity of certain patents based on any invalidity ground, with minor…
  • Aug 10

    CAFC defines competitive injury for false patent marking

    CAFC defines competitive injury for false patent marking
    In order to unfairly deter competition, companies would falsely mark a product as “patent pending” or even place a patent number on the product when no patent application or patent existed. Sometimes companies would make an…
Rank this Week: 4956

TechLawBlog

TechLawBlog

Covers technology, social media and intellectual property issues. By Whyte Hirschboeck Dudek.

http://www.whdlaw.com/Blog.aspx
  • Aug 23

    PTAB Issues Third Decision to Institute Post Grant Review

    PTAB Issues Third Decision to Institute Post Grant Review
     On Aug. 4, 2015, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) issued its third decision to institute Post Grant Review (PGR). Netsirv, LLC and Local Motion MN (collectively, Netsirv) filed a petition for…
  • Jul 27

    What is Patent Post Grant Review and Why Use It?

    What is Patent Post Grant Review and Why Use It?
     Post Grant Review (PGR) is a U.S. Patent and Trademark Office (USPTO) proceeding where a third party can challenge a granted America Invents Act (AIA) patent. To be eligible for PGR, a patent must contain a claim with an effective…
  • Jul 15

    Post Grant Review Trumps Reissue

    Post Grant Review Trumps Reissue
    Patentee Leachman Cattle of Colorado (Leachman) filed a reissue application requesting reissue of USP 8,660,888 on Oct. 16, 2014. Thirty-six days later, American Simmental Association (American Simmental) filed a petition for Post Grant…
Rank this Week: 4921

Photo Attorney

Photo Attorney

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

http://www.photoattorney.com/
  • Aug 22

    Copyright Office Posts Responses to Visual Arts Notice of Inquiry

    Copyright Office Posts Responses to Visual Arts Notice of Inquiry
    From the Illustrators Partnership (posted with permission): The Copyright Office has posted the responses to its Visual Arts Notice of Inquiry: http://copyright.gov/policy/visualworks/comments/ They say they “received a large…
  • Aug 18

    Limited Time Offer: 30% off of Lynda.com Membership

    Limited Time Offer: 30% off of Lynda.com Membership
    All lynda.com memberships are 30% off starting today, August 18th, through August 24th. Lynda.com has long been a great resource for photographers. Get access to this great content, including the Photo Attorney…
  • Aug 7

    Copyright Office Announces Open Application Period for Ringer Fellowship

    Copyright Office Announces Open Application Period for Ringer Fellowship
      The Barbara A. Ringer Copyright Honors Program offers 18 to 24-month paid fellowships for recent law school graduates and other attorneys in the early stages of their careers. Candidates must have a strong interest in copyright law and…
Rank this Week: 3235

Photo Attorney

Photo Attorney

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

http://www.photoattorney.com
  • Aug 22

    Copyright Office Posts Responses to Visual Arts Notice of Inquiry

    Copyright Office Posts Responses to Visual Arts Notice of Inquiry
    From the Illustrators Partnership (posted with permission): The Copyright Office has posted the responses to its Visual Arts Notice of Inquiry: http://copyright.gov/policy/visualworks/comments/ They say they “received a large…
  • Aug 18

    Limited Time Offer: 30% off of Lynda.com Membership

    Limited Time Offer: 30% off of Lynda.com Membership
    All lynda.com memberships are 30% off starting today, August 18th, through August 24th. Lynda.com has long been a great resource for photographers. Get access to this great content, including the Photo Attorney…
  • Aug 7

    Copyright Office Announces Open Application Period for Ringer Fellowship

    Copyright Office Announces Open Application Period for Ringer Fellowship
      The Barbara A. Ringer Copyright Honors Program offers 18 to 24-month paid fellowships for recent law school graduates and other attorneys in the early stages of their careers. Candidates must have a strong interest in copyright law and…
Rank this Week: 4602

Grzegorz Jarosław Pacek Blog

Grzegorz Jarosław Pacek Blog

Covers intellectual property law in Poland.

http://ip.pacek.name/
Rank this Week: 1991

The Business of Patents

The Business of Patents

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

http://hanseniplaw.com/blog/
  • Aug 20

    En Banc Federal Circuit Clarifies Divided Infringement Rule

    En Banc Federal Circuit Clarifies Divided Infringement Rule
    Last week, the Court of Appeals for the Federal Circuit vacated the May 13, 2015 panel opinion in Akamai Technologies, Inc. et al. v. Limelight Networks, Inc. (Fed. Cir., Slip Opinion Case No. 2019-1372, -1380, -1416, -1417) and issued a new…
  • Jul 15

    Federal Circuit Decision Concerning “Means-Plus-Function” Claiming

    Federal Circuit Decision Concerning “Means-Plus-Function” Claiming
    When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured.  Describing a device based on how it works is often referred to as “functional…
  • Jun 19

    Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense

    Active Inducement of Infringement: A Good Faith Belief in Invalidity is Not a Defense
    On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., (Case No. 13-896, May 26, 2015). A copy of the slip opinion may be found here.  Active Inducement of Infringement: A Good Faith Belief…
Rank this Week: 3863

Information Technology Law Blog

Information Technology Law Blog

Covers social media, e-discovery, privacy, and intellectual property. By Foster Swift Collins & Smith PC.

http://www.michiganitlaw.com/
  • Aug 20

    Patent Basic

    Patent Basic
    So you just had a Eureka moment and your epiphany is going to make you millions as soon as it hits shelves. Learn more about patent basics in this short video including: Time limits for filing a patent; Different kinds of patents;…
  • Aug 13

    What's in a Name: Selecting a Name for Your Busine

    What's in a Name: Selecting a Name for Your Busine
    Why is a business name so important? A name is everything, it is your business's identity. When you select your business name, from a legal perspective, you need to come up with a unique name, a name that does not infringe on others rights.…
  • Aug 5

    Why You Should Register Your Copyrights: The Benefits of Registration Under The Copyright Act

    Why You Should Register Your Copyrights: The Benefits of Registration Under The Copyright Act
    A copyright is automatically created upon the completion of an original work of authorship that is fixed in a tangible medium of expression. While an automatic copyright protects that work, a formal registration of copyrighted materials…
Rank this Week: 3130

Erik M Pelton & Associates, PLLC…

Erik M Pelton & Associates, PLLC Blog

Trademark, brand and social media news, analysis and tips.

http://www.erikpelton.com/resources/
  • Aug 20

    Recent Client Trademark Registrations LXXXI

    Recent Client Trademark Registrations LXXXI
    The following is another update of recent Erik M. Pelton & Associates client trademark registrations obtained from the public records of the USPTO so readers can see real  examples of brands and marks which are being protected…
  • Aug 17

    How to use your trademark on your book

    How to use your trademark on your book
    A book title cannot technically be protected under trademark law, unless it is the title for a series of multiple books. See TMEP §1202.08. But that doesn’t mean that an author cannot use a or phrase that he or she have…
  • Aug 13

    Does any brand – besides Coca-Cola – have multiple iconic trademarks?

    Does any brand – besides Coca-Cola – have multiple iconic trademarks?
    I can’t think of another brand with more than two iconic trademarks. Coca-cola has three! The bottle shape The cursive Coca-Cola script The ribbon that goes under the script and now stands alone on some bottling. A recent Wired article…
Rank this Week: 3306

Higher Ed IP Law Report

Higher Ed IP Law Report

Covers intellectual property issues in academia. By Bond Schoeneck & King.

http://www.higheredlawreport.com/
  • Aug 19

    The NLRB Unanimously Shuts Down Attempt to Unionize Northwestern’s Scholarship Football Player

    The NLRB Unanimously Shuts Down Attempt to Unionize Northwestern’s Scholarship Football Player
    In a long-awaited decision issued on August 17, 2015, the five-member National Labor Relations Board (“Board”) unanimously shut down an attempt by Northwestern University’s scholarship football players to become the…
  • Aug 3

    Ninth Circuit Orders Stay in O’Bannon Case

    Ninth Circuit Orders Stay in O’Bannon Case
    On July 31, 2015, the United States Court of Appeals for the Ninth Circuit granted the NCAA’s request to stay the injunctions ordered by the District Court in the O’Bannon v. NCAA case. In August 2014, the District Court enjoined…
  • Jul 30

    Second Circuit Decisions in Glatt and Wang Likely Preserve Essential Internship Opportunitie

    Second Circuit Decisions in Glatt and Wang Likely Preserve Essential Internship Opportunitie
    On July 2, 2015, in Glatt v. Fox Searchlight Pictures and Wang v. The Hearst Corporation, the Second Circuit Court of Appeals addressed when unpaid interns are “employees” entitled to compensation under the Fair Labor…
Rank this Week: 3849

LegalTXTS

LegalTXTS

Covers law and technology, with an emphasis on legal issues regarding digital media, privacy and data security, and information management. By Elijah Yip.

http://www.legaltxts.com/
Rank this Week: 3604

IP Law Tracker

IP Law Tracker

By Brooks Kushman.

http://www.iplawtracker.com/
  • Aug 18

    IP Law Tracker Docket Review

    IP Law Tracker Docket Review
    Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the summary of significant…
  • Aug 5

    PTAB Decisions Add Some Clarity to Estoppel in AIA Post-Grant Proceeding

    PTAB Decisions Add Some Clarity to Estoppel in AIA Post-Grant Proceeding
    The Leahy-Smith America Invents Act (“AIA”) created three new mechanisms for members of the public, including competitors, to challenge the validity of an issued U.S. Patent. As of June 30, 2015, 3,160 petitions for inter…
  • Aug 3

    Federal Circuit Adopts USPTO Positions in Clarifying Ground Rules For CBM Review, Holds Versata Pricing Patent Invalid

    Federal Circuit Adopts USPTO Positions in Clarifying Ground Rules For CBM Review, Holds Versata Pricing Patent Invalid
    The Leahy-Smith America Invents Act (AIA) introduced post-grant administrative proceedings as a new mechanism for challenging the validity of issued patents without the need to resort to federal court litigation. In a recent decision, the…
Rank this Week: 2414

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 1972

Anti-Generic Trademark

Anti-Generic Trademark

Covers strategic brand planning and foundation with commentary on trademark prosecution, trademark enforcement, making a brand famous, confronting online infringement and cybersquatting, and licensing a trademark. By Justin Clark.

http://www.antigenerictrademark.com
Rank this Week: 2869

PIT IP Tech Blog

PIT IP Tech Blog

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

http://pitiptechblog.com/
  • Aug 10

    Another Attempt at a Federal Trade Secrets Law

    Another Attempt at a Federal Trade Secrets Law
    by: Kelly A. Williams, a shareholder at Picadio Sneath Miller & Norton, P.C. A bill was introduced on Wednesday, July 29, 2015, in the U.S. Senate and House of Representatives by a bipartisan group of senators and…
  • Aug 5

    2d Circuit Punts on Copyright Registration Question Again

    2d Circuit Punts on Copyright Registration Question Again
    by: Robert Wagner, intellectual property attorney at the Pittsburgh law firm of Picadio Sneath Miller & Norton, P.C. (Robert Wagner on G+) An interesting copyright question continues to percolate in the Circuit Courts over…
  • Jul 30

    Peace, Love, and . . . Trademarks?

    Peace, Love, and . . . Trademarks?
    by: Robert Wagner, intellectual property attorney at the Pittsburgh law firm of Picadio Sneath Miller & Norton, P.C. (Robert Wagner on G+) In Juice Generation, Inc. v. GS Enterprises, LLC (Case No. 2014-1853), the Federal…
Rank this Week: 3527

Fair Competition Law Blog

Fair Competition Law Blog

Covers trade secrets, noncompetes, privacy and security, the Computer Fraud and Abuse Act, trademarks, copyrights, and business torts. By Russell Beck.

http://faircompetitionlaw.com
  • Aug 9

    BRR 50-State Noncompete Chart Updated

    BRR 50-State Noncompete Chart Updated
    The BRR 50 State Noncompete Chart has been substantially updated to reflect numerous developments in statutory or case law since the last draft, as well as clarifications of existing laws. Click here to get the latest…
  • Aug 9

    Arkansas Strengthened Its Noncompete Law

    Arkansas Strengthened Its Noncompete Law
    As of Thursday, August 6, Arkansas noncompete law was statutorily modified by the addition of Ark. Code 4-70-207. With all of the talk about states (like New Hampshire, Hawaii, Massachusetts, Michigan, and Oregon) that have imposed, or…
  • Jun 4

    Proposed Federal Noncompete Law

    Proposed Federal Noncompete Law
    Noncompete law is a creature of state regulation. As such, no surprise, we have 50 variations (really 51, when you factor in DC – albeit 3 states (California, Oklahoma, and North Dakota) prohibit employee noncompetes altogether, so…
Rank this Week: 4613

pharmaundmarke.com

pharmaundmarke.com

The blog pharmaundmarke.com is dedicated to pharmaceutical trade marks. It is operated by highly specified lawyers and covers all relevant decisions of both European and German courts. Whilst the blog is currently in German only, the monthly newsletter and the annual magazine will include English summaries and abstracts.

http://www.pharmaundmarke.com
  • Aug 7

    Silicium-Sorbent (-)

    Silicium-Sorbent (-)
    Sind bei einer Wortkombination wie hier „Silicium-Sorbent“ ohne konkreten Produktbezug mehrere Verständnismöglichkeiten gegeben, so ist das Zeichen regelmäßig bereits dann schutzunfähig, wenn eine der…
  • Jul 26

    HOT (+/-)

    HOT (+/-)
    Die Schutzfähigkeit einer Marke ist stets mit Blick auf die konkret beanspruchten Waren zu beurteilen. Die Wort-/Bildmarke HOT ist nur für Gleitmittel für pharmazeutische Zwecke, nicht aber für…
  • Jul 12

    Krukenform

    Krukenform
    Der in Rede stehende weiß-rot gefärbte zylindrische Behälter ist mangels Unterscheidungskraft selbst dann nicht als 3D-Marke in das Gemeinschaftsmarkenregister einzutragen, wenn er eine innovative Form aufweist, die sich von…
Rank this Week: 2379

Lipton, Weinberger & Husick Blog

Lipton, Weinberger & Husick Blog

Covers intellectual property issues. By Adam G. Garson.

http://www.garson-law.com/blog
  • Aug 4

    Free “Happy Birthday” May Become a Reality

    Free “Happy Birthday” May Become a Reality
    Ask Dr. Copyright … Dear Doc: Some time ago, I wrote to you about the song “Happy Birthday” and the law suit over whether restaurants and film makers must still pay royalties if they sing it in public. Has…
  • Aug 3

    Taylor Swift’s Turn to Capitulate (Sort of…)

    Taylor Swift’s Turn to Capitulate (Sort of…)
    In our last newsletter we wrote about Taylor Swift’s open letter to Apple, Inc. and the ensuing kerfuffle over Taylor Swift’s hypocrisy for the way she treated photographers covering her concerts. Just to recap, Swift’s…
  • Jul 31

    Hostility to Computer Inventions Moves Past Computer

    Hostility to Computer Inventions Moves Past Computer
    In Alice v CLS Bank, the Supreme Court determined that an abstract business method implemented by software entirely within a computer was not ‘patentable subject matter,’ meaning that the invention could not be protected by patent…
Rank this Week: 4637

Lenz Blog

Lenz Blog

Covers copyright, patents, and WTO.

http://k.lenz.name/LB
  • Aug 4

    Running Your Home With One 100W Solar Panel

    Running Your Home With One 100W Solar Panel
    It can be done, as this post by Ron Rhinehart shows. All you need to do is get rid of your kitchen (eat out or live on Soylent instead). Rhinehart is behind a startup producing the Soylent brand of artificial food. Then get rid of laundry by…
  • Jul 28

    Friends of Fossil Fuel (FOFF)

    Friends of Fossil Fuel (FOFF)
    Contrary to what people might assume from reading this blog, I like fossil fuel. I don’t think that oil, gas, and coal companies should go out of business. And I am grateful for the fact that the generous use of fossil fuel in my…
  • Jul 21

    Toaster Challenge

    Toaster Challenge
    I have made this point before: Energy is extremely cheap in our age, if you compare it to using human work. The last time my headline was “Energy Slaves”, because of an Wikipedia article with that title. Now a team has put Olympic…
Rank this Week: 2835

Florida IP

Florida IP

Covers intellectual property developments. By Woodrow Pollack.

http://floridaip.blogspot.com/
  • Aug 3

    Middle District of Florida Releases New Discovery Handbook

    Middle District of Florida Releases New Discovery Handbook
    The Handbook on Civil Discovery Practice has been revised (dated June 5, 2015).  You may download a copy here.  (You may receive a printed copy at the Intake counter in each divisional Clerk's office.)  It's a good idea to take…
  • Jun 28

    Fraud Detection in Patient Records Patent -- Is it Patent-Eligible?

    Fraud Detection in Patient Records Patent -- Is it Patent-Eligible?
    "In other words, Claim 1 comprises..." Perhaps the most dangerous words in a court opinion directed to the patent eligibility of a challenged patent. I say dangerous because essentially any patent claim can be presented "in other words" in…
  • May 11

    Are the Kardashians' European Activities Beyond The Reach of a U.S. Court?

    Are the Kardashians' European Activities Beyond The Reach of a U.S. Court?
    Nope.Lee Tillett owns U.S. Trademark No. 4079066 for KROMA in connection with cosmetics.  Tillett exclusively licensed the mark to Kroma Makeup EU, LLC ("Kroma EU") granting Kroma EU the right to import, distribute, and sell products…
Rank this Week: 4255

Nigerian Law Intellectual Property…

Nigerian Law Intellectual Property Watch

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

http://www.nlipw.com/
Rank this Week: 3058

In Between Cases

In Between Cases

Covers copyright, fair use, and sometimes trademark. By Christopher F. Meatto.

http://harvardlaw74.com
  • Jul 27

    My Team

    My Team
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  • May 10

    Required Reading 2015 for HarvardLaw74 Startup Client

    Required Reading 2015 for HarvardLaw74 Startup Client
    Teaser Article Quote: “While there is certainly something more admirable, and typically less noxious, about those who innovate ideas and services than those who place bets and structure deals, let’s call it what it is. No matter…
  • Mar 23

    Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage

    Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage
    “There is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination, that Kleiner Perkins acted with malice, fraud or oppression,” wrote Judge Harold Kahn.…
Rank this Week: 4596

IPEye

IPEye

IPEye chronicles developments in intellectual property (IP) law, innovation and startup culture in emerging economies.

http://ipeyeblog.com/
  • Jul 23

    9 Things To Know About Brazil’s Internet Legislation

    9 Things To Know About Brazil’s Internet Legislation
    Helped by thousands of Twitter and blog commentaries, the so-called Brazilian Internet Constitution Act (“Marco Civil”) was created in 2014. This law is one of the first internet regulations in the world, and for this ...…
  • Jun 4

    A Study in Google Gla

    A Study in Google Gla
    When Google began to attract attention to their search engine in 1998, no one knew how far the technology company would go. Following their breakthrough in the internet domain, they continued their success by ... The post A Study in Google…
  • Apr 19

    Internet.org, India and Net Neutrality

    Internet.org, India and Net Neutrality
    In recent days, Internet.org India has received an immense amount of criticism for offering services that are “incompatible with net neutrality” – a concept that all web services should be equally accessible. The…
Rank this Week: 2580

New Media & Technology Law Blog

New Media & Technology Law Blog

Covers intellectual property, data security, online marketing and online commerce. By Proskauer.

http://newmedialaw.proskauer.com
  • Jul 23

    Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law

    Clickwrap Agreement Available Only Through Hyperlink Enforceable Under New York Law
    Last week, the Southern District of New York followed a long line of precedent under New York law and upheld the enforceability of a website clickwrap agreement, granting a website operator’s motion to compel arbitration pursuant to a…
  • Jun 30

    Supreme Court Rejects Google’s Appeal in Java API Dispute

    Supreme Court Rejects Google’s Appeal in Java API Dispute
    On Monday, the Supreme Court denied certiorari in Google’s appeal of the Federal Circuit’s 2014 ruling that that the declaring code and the structure, sequence, and organization of 37 Java API packages are entitled to copyright…
  • Jun 23

    Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

    Facial Recognition Technology: Social Media and Beyond, an Emerging Concern
    This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block.  Nine consumer advocacy groups withdrew from the National…
Rank this Week: 3896