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IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Jul 30

    Apple suffers setback over Siri in patent case in China

    Apple suffers setback over Siri in patent case in China
    Fortune on July 9, 2014 had a post Apple loses Round 1 of Siri patent case in China which noted that Apple had gone to court against Shanghai-based Zhizhen Internet Technology and China’s State Intellectual Property Office seeking a…
  • Jul 30

    Washington Times on paralegal issue at USPTO

    Washington Times on paralegal issue at USPTO
    In a post Patent workers paid to exercise, shop and do chores, investigation reveals , the Washington Times statesThe probe by the Commerce Department’s inspector general found that paralegals at the U.S. Patent and Trademark…
  • Jul 28

    Blogging of material in court records: can publicly available information be confidential?

    Blogging of material in court records: can publicly available information be confidential?
    From the case HORACE FRAZIER HUNTER v. VIRGINIA STATE BAR, EX REL. THIRD DISTRICT COMMITTEE, 285 Va. 485; 744 S.E.2d 611 (Va. 2013):All of Hunter's blog posts involved cases that had been concluded. Moreover, the VSB [p. 503] concedes that…
Rank this Week: 64

Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 74

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Jul 31

    7,000 EPO employees in DE, NL, AT & BE ... plus one in FR?

    7,000 EPO employees in DE, NL, AT & BE ... plus one in FR?
    EPO President Battistelli in his office. The Eiffel Tower is not visible from this angle, it would appear.Back in 2010, when Benoît Battistelli was first appointed as President of the European Patent Office (EPO), there was a certain…
  • Jul 30

    From 1 October UK will have exceptions for private copying, broader quotation and parody

    From 1 October UK will have exceptions for private copying, broader quotation and parody
    Following some fear [here and here] that UK Government could have decided not to introduce exceptions for private copying, broader quotation and parody into UK copyright after all, last month this blog reported that…
  • Jul 30

    A scoop ... of yoghurt!

    A scoop ... of yoghurt!
    Miffy just can't get enoughGreek yoghurt ..."Greek dairy company Fage wins yogurt case in Britain" is the headline of a piece of breaking news carried in Ekathimerini today. The yoghurt case in question is Fage UK Ltd & Another v…
Rank this Week: 84

Hollywood, Esq.

Hollywood, Esq.

Focuses on how the entertainment and media industries are impacted and influenced by the law. From The Hollywood Reporter.

http://www.hollywoodreporter.com/blogs/thr-esq
Rank this Week: 96

ITC 337 Law Blog

ITC 337 Law Blog

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

http://www.itcblog.com
Rank this Week: 118

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Dec 18

    HTML/CSS Test Page For Web Designer

    HTML/CSS Test Page For Web Designer
    Erik’s Clueful HTML Brain Dump. Below is just about everything you’ll need to style a WordPress theme (or any other CSS-based web design).  Check the source code (i.e. view source) to see the many embedded elements within…
  • Oct 3

    Time For A Patent Bar Oath

    Time For A Patent Bar Oath
    Proposed Patent Attorney's Oath.
  • Oct 2

    Drawing That Explains This Blog

    Drawing That Explains This Blog
    Technology, Law, Baseball, Rock 'n' Roll. Why do I write about more than one thing?  Because I think single-subject blogs are, for the most part, boring. Do you like musicians who play only one note?  Artists who use only one color?  OK…
Rank this Week: 119

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Jul 30

    In re Patel (Fed Cir 2014)

    In re Patel (Fed Cir 2014)
    By Kevin E. Noonan -- The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has…
  • Jul 29

    Court Report -- Part II

    Court Report -- Part II
    By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the District Court of Delaware…
  • Jul 28

    Finally, A Biosimilar Application Has Been Accepted By The FDA

    Finally, A Biosimilar Application Has Been Accepted By The FDA
    By Andrew Williams -- In what is thought to be the first application accepted under the new biosimilar pathway created by the Biologics Price Competition and Innovation (BPCI) Act, Sandoz announced last Thursday that the U.S. Food and Drug…
Rank this Week: 120

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Jul 30

    The PTO’s Cambridge Roundtable: Read all about it

    The PTO’s Cambridge Roundtable: Read all about it
    And so it was that, as previously blogged, on June 25, 2014, I participating in the copyright statutory damages segment of the PTO’ / Department of Commerce / Internet Policy Task Force public roundtable discussion “Green Paper…
  • Jul 24

    The Garden State Parkway and government trademarks: What exit?

    The Garden State Parkway and government trademarks: What exit?
    @RonColeman @likely2confuse Can you opine on this one: http://t.co/NTwO0K6XzH — Keith Kaplan (@kkaplan) July 24, 2014 So, yes:  One of my many continuing series around here has long been the assertion of trademark rights by…
  • Jul 22

    Cover me

    Cover me
    Originally posted 2010-05-18 13:02:18. Republished by Blog Post PromoterPhoto Attorney Carolyn Wright writes: Rebecca Tushnet over at the 43Blog reports on a recent case in New York where the court determined that the use of a woman’s…
Rank this Week: 124

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
  • Jul 31

    COOL story, part 3: dissent

    COOL story, part 3: dissent
    Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited.Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a…
  • Jul 31

    COOL story, part 2: concurrence

    COOL story, part 2: concurrence
    AMI continued: concurrencesJudge Rogers concurred in part.  She wrote to disassociate herself from the suggested collapse of Central Hudsonand Zauderer.  “Viewing Zaudereras simply an application of Central Hudson to special…
  • Jul 31

    COOL story, part 1: DC Circuit upholds country of origin labeling rule

    COOL story, part 1: DC Circuit upholds country of origin labeling rule
    American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014)The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s…
Rank this Week: 136

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Jul 31

    Jay Walker: Fix the Licensing System

    Jay Walker: Fix the Licensing System
  • Jul 30

    Supreme Court Patent Cases Per Decade

    Supreme Court Patent Cases Per Decade
    The Chart below is an update of one I published earlier this year. The new chart adds in a couple of extra cases that I had previously not included and also takes account of the Supreme Court’s spate of decisions this term, including…
  • Jul 29

    Interpreting Claims Against The Drafter

    Interpreting Claims Against The Drafter
    By Dennis Crouch Over the past year, the Federal Circuit has decided dozens of important patent cases. Of those, one of the most important appears to be 3M Innovative Props. Co. v. Tredegar Corp., 725 F.3d 1315 (Fed. Cir. 2013). When I wrote…
Rank this Week: 145

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Jul 31

    A Window into the Future for Apple’s Trade Dress?

    A Window into the Future for Apple’s Trade Dress?
    A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below: (Each image links to the corresponding application on file with the U.S. Patent and Trademark Office – USPTO).…
  • Jul 30

    The Horror – Bar Exam Software Server Problems Nationwide

    The Horror – Bar Exam Software Server Problems Nationwide
    As if the nation’s bar examinees didn’t have enough to worry about — last night, the company administering the process for any test-taker using his or her laptop to take yesterday’s essay portion of the exam…
  • Jul 29

    Farewell

    Farewell
    There’s a line in my favorite writer Kurt Vonnegut’s Jailbird that goes “‘Hello and goodbye.’ What else is there to say? Our language is much larger than it needs to be.” I didn’t actually say…
Rank this Week: 151

Freedom to Tinker

Freedom to Tinker

Focuses on issues related to legal regulation of technology, and especially on legal attempts to restrict the right of technologists and citizens to tinker with technological devices. From Princeton's Center for Information Technology Policy.

https://freedom-to-tinker.com/
  • Jul 30

    Are We Rushing to Judgment Against the Hidden Power of Algorithms?

    Are We Rushing to Judgment Against the Hidden Power of Algorithms?
    Several recent news stories have highlighted the ways that online social platforms can subtly shape our lives. First came the news that Facebook has “manipulated” users’ emotions by tweaking the balance of happy and sad…
  • Jul 16

    A Scanner Darkly: Protecting User Privacy from Perceptual Application

    A Scanner Darkly: Protecting User Privacy from Perceptual Application
    “A Scanner Darkly”, a dystopian 1977 Philip K. Dick novel (adapted to a 2006 film), describes a society with pervasive audio and video surveillance. Our paper “A Scanner Darkly”, which appeared in…
  • Jul 11

    “Loopholes for Circumventing the Constitution”, the NSA Statement, and Our Response

    “Loopholes for Circumventing the Constitution”, the NSA Statement, and Our Response
    CBS News and a host of other outlets have covered my new paper with Sharon Goldberg, Loopholes for Circumventing the Constitution: Warrantless Bulk Surveillance on Americans by Collecting Network Traffic Abroad. We’ll present the paper…
Rank this Week: 154

Technology & Marketing Law…

Technology & Marketing Law Blog

Covers Internet, technology and online marketing legal issues. Published by Santa Clara University School of Law Professor Eric Goldman.

http://blog.ericgoldman.org/
  • Jul 30

    ‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)

    ‘Silk Road’ Ruling Will Hurt Online Commerce (Forbes Cross-Post)
    You may have heard of Silk Road, an online marketplace that enabled hard-to-trace buying and selling of illegal goods. The court says it was “as if the purchases were occurring on eBay;” buyers and sellers could even leave…
  • Jul 28

    Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed

    Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed
    Plaintiffs alleged that Viacom and Google violated the Video Privacy Protection Act and other federal and state privacy laws by improperly collecting and passing along information when end users (kids) viewed videos or games at Viacom-owned…
  • Jul 27

    Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)

    Q2 2014 Quick Links, Part 4 (Content Regulation, Prostitution & More)
    Content Regulation * Jancik v. Redbox Automated Retail, LLC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (cites omitted). Another websites-and-ADA case diverging from the troubling 2012 Netflix ruling: However, the Redbox Instant website and the…
Rank this Week: 150

Indiana Intellectual Property…

Indiana Intellectual Property Lawyer Blog

Covers trademark, patent and copyright infringement. By Overhauser Law Offices, LLC.

http://www.iniplaw.org/
  • Jul 30

    Indiana Trade Secret Law: Removing Allegation of Theft of Trade Secrets Results in Defendants' Release from "Lockdown"

    Indiana Trade Secret Law: Removing Allegation of Theft of Trade Secrets Results in Defendants' Release from "Lockdown"
    Indianapolis, Indiana - In 2013, a federal indictment including counts of theft of trade secrets belonging to Eli Lilly and Company ("Lilly") was presented to the Southern District of Indiana. On the basis of this indictment, the court…
  • Jul 28

    Copyright Office Requests Comments on Music Licensing

    Copyright Office Requests Comments on Music Licensing
    Washington, D.C. - The U.S. Copyright Office has undertaken a study to evaluate the effectiveness of current methods for licensing musical works and sound recordings. It seeks additional comments on whether and how existing music licensing…
  • Jul 25

    Indiana Passes New Statute Criminalizing Offenses Against Intellectual Property

    Indiana Passes New Statute Criminalizing Offenses Against Intellectual Property
    Indianapolis, Indiana - Indiana Code § 35-43-1-7 has been made effective as of July 1, 2014. This new criminal statute, enacted by P.L.158-2013, SEC. 458, covers certain computer-related offenses against intellectual property. It takes…
Rank this Week: 179

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/
  • Jul 2

    Ongoing Royalty Set at Five Percent

    Ongoing Royalty Set at Five Percent
    Bianco MD v. Globus Medical Inc., 2:12-cv-00147 (7/1/2014) Judge: William C. Bryson Holding: Ongoing royalty set at 5% The jury in this case found that defendant Globus Medical, Inc. had misappropriated trade secrets belonging to the…
  • Jul 2

    Marshall Status Conference

    Marshall Status Conference
    It's status conference week in Marshall, with nonpatent cases up Monday afternoon, and patent cases yesterday afternoon. That means I spent this morning analyzing the settings to provide clients and cocounsel with information on time to trial…
  • Jun 30

    More Information on ED Texas Judicial Nomination

    More Information on ED Texas Judicial Nomination
    Good article in Law360 about the new Eastern District of Texas judicial nominees Judge Amos Mazzant III of Sherman and Robert Schroeder III of Texarkana (calling him "Trey" at this point is only likely to lead to confusion for obvious...
Rank this Week: 200

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

Covers patents, copyrights, trademarks, trade secrets and Internet issues. By Gene Quinn.

http://www.ipwatchdog.com
  • Jul 31

    Nikon Patents: More Accessories, Improved Functionality for Digital Camera

    Nikon Patents: More Accessories, Improved Functionality for Digital Camera
    The patent applications published in recent weeks by the USPTO and assigned to Nikon include a couple of filings pertaining to camera accessories which we explored for today’s column. One of these accessories provides a continuous light…
  • Jul 30

    Congressional Testimony: Lee on USPTO Patent Operation

    Congressional Testimony: Lee on USPTO Patent Operation
    Lee will tell Congress that the USPTO is on pace during FY 2014 to receive nearly 600,000 patent applications, which represents an increase of more than 5% as compared to FY 2013. The PTO backlog of unexamined patent applications is less than…
  • Jul 30

    Canon Invents: Digital Cameras, Video Editing, Medical Imaging

    Canon Invents: Digital Cameras, Video Editing, Medical Imaging
    A worldwide leader in the development of camcorders, cameras, photocopiers and other imaging and printing devices, Canon Inc. of Tokyo, Japan, is one of the most active developers of new intellectual properties in the world. Although this…
Rank this Week: 218

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Jul 28

    Scheduling Delay Does Not Warrant Canceling the Deposition

    Scheduling Delay Does Not Warrant Canceling the Deposition
    Cleversafe, Inc. v. Amplidata, Inc., No. 11 C 4890, Slip Op. (N.D. Ill. Jan. 11, 2014) (Cole, Mag. J.). Judge Cole denied plaintiff Cleversafe’s motion for a protective order and sanctions preventing the deposition of Cleversafe’s…
  • Jul 25

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related

    “Growing Trend” That Bit Torrent Doe Defendants Need Not be Time-Related
    TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.). Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie…
  • Jul 22

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem

    Modifying the Innovation Act to Selectively Target the Patent Troll Problem
    The following is a blog post by Varun Shah, Aruba Network’s Director, Intellectual Property — full disclosure, I previously represented Aruba.  Shah has an interesting alternative patent reform proposal that seeks to target…
Rank this Week: 221

Clancco: Art & Law

Clancco: Art & Law

Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.

http://clancco.com/wp
  • Jul 28

    Cariou v. Prince: Toward a Theory of Aesthetic-Judicial Judgment

    Cariou v. Prince: Toward a Theory of Aesthetic-Judicial Judgment
    Here’s another new law review article on Cariou v. Prince, and this time it’s from yours truly in collaboration with art historian and curator, Lauren van Haaften-Schick. The article is the product of a paper I presented at Texas…
  • Jul 24

    Exhibition: To Shoot a Kite, at the CUE Art Foundation

    Exhibition: To Shoot a Kite, at the CUE Art Foundation
    “In June 2012, Sesame Street introduced Alex, a new character on its online interactive program Little Children, Big Challenges. In the short educational video, Alex admits his father is in prison after skirting questions from his…
  • Jul 24

    Court Case Claims Australian Art Market Is 30 Percent Forgerie

    Court Case Claims Australian Art Market Is 30 Percent Forgerie
    On the heels of this Guardian article on why fake artworks may just be good enough, now this. A quick note on The Guardian article. The Walter Benjamin reference is a bit superficial. For Benjamin the aura did rest in the singular object, but…
Rank this Week: 229

Illinois Business Law Journal

Illinois Business Law Journal

Covers recent developments affecting business law. From the University of Illinois College of Law.

http://www.law.illinois.edu/bljournal/
  • Jun 12

    Crowdfunding Limits – Raising the Cap

    Crowdfunding Limits – Raising the Cap
    Almost everyone has heard of Kickstarter by now: it’s the premier place for a team with an idea and a plan to raise capital to fund almost any sort of product. However, your return on your investment is the product itself if you pay…
  • Jun 12

    The Contraceptive Mandate: Birth Control or Business Control?

    The Contraceptive Mandate: Birth Control or Business Control?
    The Supreme Court heard oral arguments on March 25th, 2014, on the Tenth Circuit Case Hobby Lobby Stores, Inc. v. Sebelius and the Third Circuit Case Conestoga Wood Specialties v. Sebelius; a ruling is expected in late June.[i] Hobby Lobby…
  • Apr 17

    Owning the Internet: The Demise of Net Neutrality

    Owning the Internet: The Demise of Net Neutrality
    The Internet is the modern day printing press; a revolutionary game changer. The Internet owes much of its success to the theory of net neutrality. While net neutrality is not a new topic of discussion, it has been thrust in the limelight…
Rank this Week: 231

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Jul 30

    3 Count: Un-American Eagle

    3 Count: Un-American Eagle
    Rightsholders demand Austrian ISPs block access to The Pirate Bay, Kim Dotcom ordered to reveal his assets and Miami artist sues American Eagle over advertisements. The post 3 Count: Un-American Eagle appeared first on Plagiarism Today.
  • Jul 29

    The Looming Plagiarism Crisi

    The Looming Plagiarism Crisi
    As both Buzzfeed and CNN lose an editor to plagiarism scandals, it's clear these two aren't isolated cases, but a sign of a much larger crisis. The post The Looming Plagiarism Crisis appeared first on Plagiarism Today.
  • Jul 29

    3 Count: Unlock Me

    3 Count: Unlock Me
    Cell phone unlocking bill lands on President's desk, City of London Police seek to replace pirate ads with warnings and car makers sued over CD copying systems. The post 3 Count: Unlock Me appeared first on Plagiarism Today.
Rank this Week: 250

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/
Rank this Week: 253

PHOSITA

PHOSITA

Covers biotechnology, copyright, intellectual property, public policy, licensing, patents, software and trademark. By Douglas Sorocco, J. Matthew Buchanan and Laura C. Wood.

http://dunlapcodding.com/phosita
  • Aug 28

    R U YBS? OKC is 4 U!

    R U YBS? OKC is 4 U!
         We’re proud to be headquartered in Oklahoma City for many reasons, and you can expect to hear more from us on this topic.  Here’s one of the quirkier reasons:  Our city is ranked in the top 10 by…
  • Aug 19

    Oklahoma—What the Heck!

    Oklahoma—What the Heck!
    Did you know that Oklahoma City has been ranked the #1 most affordable and a Top 5 fastest-growing city in America? The oil and gas industry is a big economic contributor, but we are also home to 265 aviation and aerospace companies…
  • Jul 2

    Law of Nature or Patent Eligible Invention—The U.S. Supreme Court clarifies whether isolated DNA strands and synthetically created cDNA are patent eligible.

    Law of Nature or Patent Eligible Invention—The U.S. Supreme Court clarifies whether isolated DNA strands and synthetically created cDNA are patent eligible.
    Ward Hobson On June 13, 2013, the Supreme Court ruled in the Myriad gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.) that patent claims directed to…
Rank this Week: 287

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Jul 31

    Guest Post: Josh Jarvis, "The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use"

    Guest Post: Josh Jarvis, "The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use"
    My friend, Joshua S. Jarvis, of Foley Hoag LLP in Boston, has consented to my re-posting this article discussing the USPTO's recent report on its pilot study regarding post-registration proof of use - a study intended to "Assess the accuracy…
  • Jul 30

    Test Your TTAB Judge-Ability: Are Sci-Fi and Comedy TV Shows Related?

    Test Your TTAB Judge-Ability: Are Sci-Fi and Comedy TV Shows Related?
    Sherrilynn Kenyon applied to register the mark THE LEAGUE for science fiction films (class 9) and television programs (class 41), but the PTO refused registration under Section 2(d), finding a likelihood of confusion with the identical mark…
  • Jul 30

    Reminder: ABA IP Section: TTAB Hot Topics, Boston, August 7th

    Reminder: ABA IP Section: TTAB Hot Topics, Boston, August 7th
    Yours truly will be a panelist at the "TTAB Hot Topics" session of the ABA Annual Meeting in Boston, on August 7th from 8:30 to 10:00 AM at the Boston Marriott Copley Place Hotel. Register here. The session is hosted by the ABA Section of…
Rank this Week: 296

Blawg IT

Blawg IT

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

http://blawgit.com
  • Dec 9

    Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”

    Brett Trout Designated Des Moines Patent Law “Lawyer of the Year”
    Five Years Running For the fifth year in a row, Brett J. Trout has been selected by his peers for inclusion in the annual edition of The Best Lawyers in America®. For 2014, Mr. Trout has been selected for inclusion in the area of Patent…
  • Jun 10

    The Right of Publicity

    The Right of Publicity
    Hey, That’s Me! You spend months working on your cosplay outfit, and it turns out perfect. You are the hit of the con, with everyone taking your picture. Then, all of a sudden, you see you and your outfit on all kinds of merchandise,…
  • Feb 1

    What is the Difference Between ™, ®, and ©?

    What is the Difference Between ™, ®, and ©?
    You see these symbols every day, but what do they mean? Here is a handy guide to help you understand the difference between ™, ®, and ©. ™ ™ stand for “trademark.” When you see a ™ next to a word,…
Rank this Week: 311

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
  • Jul 30

    Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use

    Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use
    Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the fourth (4(b)(iv)) describes bad faith use. A respondent may lack rights or legitimate interests in the domain name…
  • Jul 15

    Arbitrators Acting Within and Exceeding Their Power

    Arbitrators Acting Within and Exceeding Their Power
    Finding that an arbitrator has exceeded his or her powers is exceedingly rare. An arbitrator’s interpretation of the parties’ contract prevails even if there is “arguably a better [one].” American Postal Workers Union,…
  • Jul 12

    Standards of Proof, URS (Clear and Convincing) and UDRP (Preponderance of the Evidence)

    Standards of Proof, URS (Clear and Convincing) and UDRP (Preponderance of the Evidence)
    In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is higher than “preponderance of the evidence” (UDRP). The UDRP sets forth in…
Rank this Week: 371

this WEEK in LAW

this WEEK in LAW

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

http://twit.tv/twil
  • Jul 25

    TWiL 268: Ease Up Dude!

    TWiL 268: Ease Up Dude!
    Hosts: Denise Howell Fair Use for litigation briefs and bloggers, buying versus renting digital content, EA and NCAA video game settlements and more! Guests: Lateef Mtima and Rob Pegoraro Photo credit: David Download or subscribe to…
  • Jul 18

    TWiL 267: Eleemosynary, My Dear Watson

    TWiL 267: Eleemosynary, My Dear Watson
    Hosts: Denise Howell and Evan Brown. Are patent trolls losing ground? Dish Anywhere in the Aereo aftermath, FCC gets 1 million comments on U.S. net neutrality debate and more! Guests: Stephan Kinsella and Harry Surden Photo credit:…
  • Jul 11

    TWiL 266: Porncops and Popcorn

    TWiL 266: Porncops and Popcorn
    Hosts: Denise Howell and Evan Brown. Filming fireworks with drones, fair use in political campaigns, the IRS against open source projects and more! Guests: Randal L. Schwartz and Deidré A. Keller Photo credit: Aspa Download or…
Rank this Week: 372

The Trademark Blog

The Trademark Blog

Covers advertising, ambush marketing, appellations of origin, branding, replacement parts, famous marks, grey goods and Madrid Protocol. By Marty Schwimmer.

http://www.schwimmerlegal.com/
  • Jul 30

    Logo and Branding Infographic

    Logo and Branding Infographic
  • Jul 23

    Who Owns the ‘Gas, Food, Lodging’ Sign?

    Who Owns the ‘Gas, Food, Lodging’ Sign?
    The New Jersey Turnpike Authority operates the Garden State Parkway. It owns a federal registration for its logo. There are rest stops on the Garden State, and people stop there and eat pizza. Defendant has two pizza restaurants in Florida,…
  • Jul 21

    Finally, Someone In a Cubs Uniform Who Can Hit

    Finally, Someone In a Cubs Uniform Who Can Hit
    [click here for rimshot] Chicago Cubs sue guy who wears Cub mascot costume, who allegedly hit a fan. cubs v billy cub.pdf
Rank this Week: 403

The University of Chicago Law…

The University of Chicago Law School Faculty Podcast

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

https://soundcloud.com/uchicagolaw
  • Jun 5

    Tomiko Brown-Nagin, "The Honor and Burden of Being First: Judge Constance Baker Motley"

    Tomiko Brown-Nagin, "The Honor and Burden of Being First: Judge Constance Baker Motley"
    Professor Brown-Nagin's talk examines the legacy of The Honorable Constance Baker Motley—and break new ground in the study of civil rights, women's rights, and the legal profession. A protégée of Thurgood Marshall, Motley…
  • Jun 3

    M. Todd Henderson, "Do Judges Follow the Law?"

    M. Todd Henderson, "Do Judges Follow the Law?"
    In a naïve model of judging, Congress writes statutes, which courts know about and then slavishly apply. But a Chicago lawyer might doubt this model, believing judges are maximizing something other than compliance with the law. In this…
  • May 29

    A Fireside Chat with David Sacks '98, Founder and CEO of Yammer

    A Fireside Chat with David Sacks '98, Founder and CEO of Yammer
    Professor Todd Henderson leads an engaging discussion with Yammer Founder and CEO, David Sacks. David has been involved in the Internet space more than 10 years as an entrepreneur, executive and investor, starting with PayPal in 1999. He…
Rank this Week: 401

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Jul 30

    Patterns and Practice

    Patterns and Practice
    Kim D. Chanbonpin, Truth Stories: Credibility Determination at the Illinois Torture Inquiry and Relief Commission, 45 Loy. U. Chi. L.J. 1085 (2014).Elizabeth DaleThese days, I think a lot about police torture. To be more precise, these days I…
  • Jul 29

    Meaning, Intention, and Mental State

    Meaning, Intention, and Mental State
    Lawrence B. Solum, Artificial Meaning, 89 Wash. L. Rev. 69 (2014), available at SSRN.Barbara LevenbookThis is a provocative and important essay that has implications Solum doesn’t spell out for some positions on meaning, communication,…
  • Jul 28

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm

    From Crowd-Sourcing to Crowd-Enforcing: An Empirical analysis of Threadless’s Community IP Norm
    Julia Bauer, Nikolaus Franke & Philipp Tuertscher, The Seven IP Commandments of a Crowdsourcing Community: How Self-Organized Norms-Based IP Systems Overcome Imitation Problems (forthcoming 2014).Jason SchultzEmpirical studies…
Rank this Week: 430

All Things Pros

All Things Pros

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

http://allthingspros.blogspot.com/
  • Jul 28

    PTAB assume any verb phrase using "to" signals intended use

    PTAB assume any verb phrase using "to" signals intended use
    Takeaway:Sometimes Examiners ignore claim language – give it no patentable weight – by characterizing a phrase as "intended use." However, not every verb phrase using "to" signals intended use. In many types of claims –…
  • Jul 25

    PTAB assume any verb phrase using "to" signals ntended use

    PTAB assume any verb phrase using "to" signals ntended use
    Takeaway:Sometimes Examiners ignore claim language – give it no patentable weight – by characterizing a phrase as "intended use." However, not every verb phrase using "to" signals intended use. In many types of claims –…
  • Jun 30

    New resource for searching and analyzing PTAB decision

    New resource for searching and analyzing PTAB decision
    There's a great new resource available for practitioners interested in PTAB decisions: the Patent Board Ferret.The Ferret includes both search and analysis tools. On the search side, you can search not only by text in the decision, but also…
Rank this Week: 417

China Hearsay

China Hearsay

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

http://www.chinahearsay.com/
  • Mar 28

    Baidu Wins New York Seach Results Lawsuit, and I’m Perplexed

    Baidu Wins New York Seach Results Lawsuit, and I’m Perplexed
    This case goes back a few years. Some activist types in New York filed a federal suit against Baidu because their propaganda political speech did not pop up in search results. Claimants said that Baidu had violated their right to free speech.…
  • Mar 19

    The Latest AmCham China Biz Survey: Perception and Reality

    The Latest AmCham China Biz Survey: Perception and Reality
    It’s always difficult for me to find something interesting to say about the American Chamber of Commerce’s annual China business survey. The content itself is often of marginal value, with only a couple significant trends hiding…
  • Mar 10

    China Dragged Away from XP Kicking and Screaming

    China Dragged Away from XP Kicking and Screaming
    The Chinese are none too pleased that Microsoft will be retiring XP next month, and the bitching and moaning has been fairly loud. But while it is true that in a sense, Microsoft will be leaving a large percentage of its PRC user base in the…
Rank this Week: 423

Trading Secrets

Trading Secrets

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

http://www.tradesecretslaw.com/
Rank this Week: 433

Copyhype

Copyhype

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

http://www.copyhype.com/
  • Jul 30

    Expendables 3 and the negative effects of piracy

    Expendables 3 and the negative effects of piracy
    This past week, a DVD quality copy of Expendables 3 leaked onto online pirate sites, weeks before its August 15 box office debut. Along with the news came the usual claims that filmmakers shouldn’t worry about pre-release…
  • Jul 25

    Friday’s Endnotes – 07/25/14

    Friday’s Endnotes – 07/25/14
    Garrett Brown: An Interview with a Visionary-Part 1 — Nick Friedman speaks with Garrett Brown, a cinematographer and inventor of the Steadicam, an innovation which, in the words of Stanley Kubrick (who famously used it in The Shining)…
  • Jul 18

    Friday’s Endnotes – 07/18/14

    Friday’s Endnotes – 07/18/14
    “Fifteen years of utter bollocks”: how a generation’s freeloading has starved creativity — A great essay from author Chris Ruen, whose excellent book Freeloading: How our insatiable appetite for free content is…
Rank this Week: 438

Le blog du droit europeen des…

Le blog du droit europeen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Jul 29

    Formation epi-CEIPI

    Formation epi-CEIPI
    Chaque année, le CEIPI organise en collaboration avec l’epi une formation en droit européen des brevets, appelée « formation de base », dans un grand nombre de villes européennes, et notamment…
  • Jul 27

    T1635/10 : modifications manuscrites en recour

    T1635/10 : modifications manuscrites en recour
    Rappel: l'ancien service d'abonnement par courriel n'est plus en service. Si vous souhaitez continuer à être informés par courriel de la publication de nouveaux articles, veuillez entrer votre adresse électronique…
  • Jul 24

    L'invention de la semaine

    L'invention de la semaine
    L'invention de la semaine est un détecteur de radiation. L'inventeur propose deux types d'applications fort différentes : - distinguer le chat roux de la maison du chat noir du voisin, de sorte à ne laisser entrer que le…
Rank this Week: 442

The Invent Blog

The Invent Blog

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

http://blogs.bnip.com/tib/
  • Jul 23

    Does Idaho need a Patent and Trademark Resource Center?

    Does Idaho need a Patent and Trademark Resource Center?
    Did you know that there are currently three (3) U.S. states which do not have a Patent and Trademark Resource Center (PTRC) (f/k/a Patent and Trademark Depository Libraries (PTDL)). The states: Idaho, New Mexico, and Oregon. That list…
  • Jul 8

    What is the most current Java version for EFS-Web/Private PAIR?

    What is the most current Java version for EFS-Web/Private PAIR?
    According to an email I received from an agent at the USPTO Electronic Business Center earlier today (8 July 2014) – Java Version 7, Update 60 is the most currently supported version. How do you tell which version you have installed? PC…
  • Apr 24

    Gmail users should check their SPAM folder for USPTO email

    Gmail users should check their SPAM folder for USPTO email
    Gmail (and Google Apps) users beware! Gmail’s spam filter has been flagging official email from the USPTO as spam. Email flagged as spam skips your inbox and is labeled with a “SPAM” label. That could be disastrous to your…
Rank this Week: 441

Orange Book Blog

Orange Book Blog

Covers patent and FDA law, including authorized generics, biogenerics, Hatch-Waxman litigation and Orange Book patent listing/delisting. By Aaron F. Barkoff.

http://www.orangebookblog.com/
  • Jul 10

    ACI "Women Leaders in Life Sciences Law" Conference, Boston, MA, July 28-29

    ACI "Women Leaders in Life Sciences Law" Conference, Boston, MA, July 28-29
    We are proud that McAndrews Shareholder Nabeela Rasheed will be one of the featured speakers at American Conference Institute's inaugural "Women Leaders in Life Sciences Law" conference in Boston, July 28-29. Dr. Rasheed will be speaking on…
  • Jun 22

    Meet Us at BIO 2014 in San Diego!

    Meet Us at BIO 2014 in San Diego!
    A group of twelve attorneys from McAndrews, Held & Malloy will be attending BIO 2014 in San Diego this week, and we're hosting a cocktail reception on Tuesday night. Please join us if you'll be attending BIO!
  • Jun 20

    ACI "Legal and Regulatory Summit on Generic Drugs," New York City, July 24-25

    ACI "Legal and Regulatory Summit on Generic Drugs," New York City, July 24-25
    American Conference Institute will be holding its 2nd annual "Legal and Regulatory Summit on Generic Drugs" in New York on July 24-25. The conference promises to present "comprehensive strategies for the generic pharmaceutical industry's…
Rank this Week: 447

Seattle Trademark Lawyer

Seattle Trademark Lawyer

Covers trademark law developments from Seattle and beyond. By Michael Atkins.

http://seattletrademarklawyer.com/
  • Jun 27

    Decision on Redskins Trademark Proper but Mostly Symbollic

    Decision on Redskins Trademark Proper but Mostly Symbollic
    No question, the PTO got it right. The PTO’s administrative law branch, the U.S. Trademark Trial and Appeal Board, finally decided the REDSKINS trademark is too offensive to continue to justify the expanded rights that stem from…
  • Jun 1

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea

    Washington's Bill to Tax Marijuana Trademarks is a Bad Idea
    During Washington’s last legislative session, Olympia considered taxing marijuana trademarks. It’s a bad idea. But first, a little background on the bill. If passed, House Bill 1976, would have levied a “tax of three…
  • Apr 27

    Help Trademarks Serve Their Purpose by Adopting Memorable Mark

    Help Trademarks Serve Their Purpose by Adopting Memorable Mark
    Unusual — even risqué — brands are memorable, which can pay dividends. That’s the upshot of a recent New York Times article. For example, David Hall was running a small construction company when he decided to…
Rank this Week: 455

Delaware IP Law Blog

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 18

    Judge Andrews Construes Terms of Logic Circuit Patent

    Judge Andrews Construes Terms of Logic Circuit Patent
    Judge Andrews has issued his memorandum opinion construing disputed terms of four patents related to logic and memory circuits for integration into high density integrated circuit chips. In 2011, the plaintiffs, HSM Portfolio and Technology…
  • Jun 18

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure
    On Wednesday, June 18, Judge Leonard P. Stark published a new form scheduling order on the District of Delaware web site for non-ANDA patent cases, as well as a new form pre-trial order for patent cases, a new set of...
  • Jun 16

    Judge Andrews grants motion to dismiss inequitable conduct claim

    Judge Andrews grants motion to dismiss inequitable conduct claim
    Judge Richard G. Andrews recently granted plaintiff St. Jude's motion to dismiss defendant Volcano Corp.'s inequitable conduct counterclaim and affirmative defense. St. Jude Medical v. Volcano Corp., C.A. No. 12-441-RGA (D. Del. June 11,…
Rank this Week: 448

Patent Law Practice Center

Patent Law Practice Center

Features news, analysis and resources on patent law. From the Practicing Law Institute (PLI).

http://patentlawcenter.pli.edu
  • Jul 29

    PTO & Alice – Things Have Really Changed

    PTO & Alice – Things Have Really Changed
    Despite what the United States Patent and Trademark Office suggested in their initial guidance to patent examiners, the Supreme Court’s decision in Alice v. CLS Bank has substantially changed the prosecution landscape for…
  • Jul 28

    Talking Patent Litigation with Ray Niro

    Talking Patent Litigation with Ray Niro
    Ray Niro is one of the most well-known patent litigators in the country, and the attorney who was famously dubbed “a patent troll” some 14 years ago, marking the first time the term was used. See The Man They Call the…
  • Jul 26

    Breaking the Cycle – Stand Up and Fight Patent Troll

    Breaking the Cycle – Stand Up and Fight Patent Troll
    The term “patent troll” conjures up all kinds of images and ideas, but there is no universally accepted definition of who is a patent troll. This has lead many to recognize that, by and large, if you are being sued for patent…
Rank this Week: 461

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

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

http://www.caseclothesed.com/
  • Oct 11

    Artistic Expression: Fashion Friend or Faux Pas?

    Artistic Expression: Fashion Friend or Faux Pas?
    By: Andriana Chryssikos High fashion luxury labels have found themselves to be stuck somewhere in between our youth culture’s fashion craze: streetwear parodies of well-known luxury labels, and a trademark infringement lawsuit. …
  • Oct 9

    Business of Fashion Part 1: Fashion Licensing

    Business of Fashion Part 1: Fashion Licensing
    By: Sandra Stanfield Fashion companies utilize a mechanism called licensing to expand the brand and also increase revenue via royalties. So what exactly is licensing? Licensing is the process of “renting” a fashion company’s…
  • Oct 7

    Ready or Not: 3-D Printing

    Ready or Not: 3-D Printing
    Written By: Tracy Weintstein Technology, technology, technology. It is all we hear and read about, and whether we like it or not, technology is rapidly altering the world around us. Some are completely intrigued by it and some begrudgingly…
Rank this Week: 459

IP Dragon

IP Dragon

Covers intellectual property in China.

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

    IP Dragon has found a new den: IPDRAGON.ORG

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

    Constructed Knowledge Works Like a Red Flag To An Internet Intermediary

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

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

    Chinese Movie Posters Give You "Double Vision" Without The Alcohol
    Clone and OriginalThe silver screen is known to bring out the imagination of people. However, China's film industry has not given birth to a poster child of creativity, eyeing laboriously to any movie that has some measure of success, Chinese…
Rank this Week: 468

Lightbulb Blog by Dilanchian

Lightbulb Blog by Dilanchian

Covers intellectual property law and business law from an Australian perspective. Published by Dilanchian Lawyers and Consultants.

http://www.dilanchian.com.au
  • Jul 9

    Tax and valuation of crowdfunding initiative

    Tax and valuation of crowdfunding initiative
    Backgrounder, guide and checklist for crowdfunding from an Australian perspective. It ends with a list of 14 crowdfunding sites worldwide. Our related articles are Australian crowdfunding law, current and proposed and Start-up funding…
  • Jun 29

    Start-up intellectual property survival guide

    Start-up intellectual property survival guide
    Start-ups often find themselves in a David vs Goliath situation after an initial taste of success. Corporate giants often seize every opportunity to maximise and secure their competitive advantage and market monopoly or power. The years of…
  • Jun 19

    Applying U.S. fair use doctrine to academic research

    Applying U.S. fair use doctrine to academic research
    How can the fair use doctrine in U.S. copyright law be used for academic research? We recently and successfully advised an Australian academic on this subject. Our client had prepared a major, lengthy and heavily illustrated scholarly…
Rank this Week: 479

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
Rank this Week: 482

IP Law Blog

IP Law Blog

Covers copyrights, cyberspace law, music, patents, privacy, trade secrets and trademarks. By Weintraub Genshlea Chediak.

http://www.theiplawblog.com/
  • Jul 25

    Federal Regulatory Authority and Power of the Press Release

    Federal Regulatory Authority and Power of the Press Release
    Among the unstated powers of the federal (and sometimes state) government that few litigation targets think about is the power of the press release. Prosecutors, whether at the agency level or above (for example, at the state Attorney…
  • Jul 18

    The Duke and Duke Duke It Out In Trademark Rowe

    The Duke and Duke Duke It Out In Trademark Rowe
    Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to of John Wayne, and Duke University.   Both have…
  • Jul 11

    Funk, Copyrights, and Collecting Judgment

    Funk, Copyrights, and Collecting Judgment
    Litigants know that obtaining a judgment against an adversary is only half the battle.  Sometimes the efforts a litigant must expend to collect on that judgment are just as significant, if not more so, than obtaining the judgment. …
Rank this Week: 504

Copyfight

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/
  • Jul 30

    Muddying the Natural (Patent) Water

    Muddying the Natural (Patent) Water
    In the past couple of years (see for example the Prometheus decision). The Supreme Court has issued a series of rulings that attempted to clarify what is and is not patentable. Unfortunately, the result has been the exact opposite, with…
  • Jul 25

    Congress Restores Bulk Unlock Right

    Congress Restores Bulk Unlock Right
    Our friends at ISRI sent a note saying that Congress had gotten its act together to pass the bulkily named "Unlocking Consumer Choice and Wireless Competition Act" which includes provisions allowing companies and individuals who recycle and…
  • Jul 25

    When is a Game a Clone?

    When is a Game a Clone?
    Raph Koster has some musings on the topic of originality in games on his blog this week. He explores basic notions of games and their variants, looking at them from the point of view of rules and variants. This is kind of amusingly academic…
Rank this Week: 515