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IP Thinktank

IP Thinktank

Covers intellectual property strategy around the world. By Duncan Bucknell.

http://duncanbucknell.com/blog
  • Nov 18

    Pharma & Biotech Global Week in Review 18 Nov 09 from IP Think Tank

    Here is IP Think Tank's weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet. Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we've missed something important, or if there is a source you think should be monitored. You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: EU:... Posted on November 18, 2009 at 04:57 am
  • Nov 18

    Pharma & Biotech Global Week in Review 18 Nov 09 from IP Think Tank

    Here is IP Think Tank's weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet. Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we've missed something important, or if there is a source you think should be monitored. You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: EU:... Posted on November 18, 2009 at 04:57 am
  • Nov 16

    General Global Week in Review 16 Nov 09 from IP Think Tank

    Here is IP Think Tank's weekly selection of top intellectual property news breaking in the blogosphere and internet. Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we've missed something important, or if there is a source you think should be monitored. You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: Putting the USPTO to work for... Posted on November 16, 2009 at 04:51 am
Rank This Week: 7

Patent Troll Tracker

Patent Troll Tracker

Tracks patent litigation.

http://trolltracker.blogspot.com/
  • Feb 23

    Blogger, Revealed

    Live by anonymity, die by anonymity. Yes, I have been unmasked. It happened quite the way this blog happened - I got an anonymous email, from the guy who probably collected the bounty, telling me I better tell everyone who I am (and he clearly knew), or else he would take care of it for me. The clear threat in the email is that he would do it in a way I wouldn't be happy about. I don't know what that means, but as I have been growing weary of anonymity anyway, here I am. So now that it's... Posted on February 23, 2008 at 01:00 pm
  • Feb 22

    Desire2Appeal

    A Lufkin, Texas jury found for Blackboard in the Desire2Learn patent trial, finding the claims valid, infringed, and awarding $3.1 million in damages, according to Desire2Learn's blog and other newswires. News reports say that Blackboard sought $17 million. Ex parte and inter partes reexaminations have been ordered by the Patent Office (13 months ago), but there have been no office actions in those reexams, despite the Patent Office's commitment to resolve reexaminations with "special... Posted on February 22, 2008 at 04:20 pm
  • Feb 22

    Ted Frank on Patent Reform

    Ted Frank is a resident fellow at the American Enterprise Institute for Public Policy Research and Director of the AEI Legal Center for the Public Interest, and a blogger-contributor to Overlawyered ("Chronicling the high cost of our legal system"). Frank authored an interesting paper, published yesterday, titled "There Is a Role for Congress in Patent Reform." In it he concludes: Barfield and Calfee's Biotechnology and the Patent System is correct about the importance of the patent system to... Posted on February 22, 2008 at 12:30 pm
Rank This Week: 16

IPBiz

IPBiz

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

http://ipbiz.blogspot.com
  • Nov 22

    USPTO employee who stole from deposit accounts gets prison time

    Back in August 2009, the story of a corrupt USPTO employee was mentioned: Minister pleads guilty to stealing $500K from U.S. patent office Reid coordinated with a patent office employee, referred to as "K.L.P." in court documents, to have $451,252 transmitted from patent office accounts to a Redeemed Music House bank account, he admitted. http://www.washingtonexaminer.com/local/crime/Minister-pleads-guilty-to-stealing-_500K-from-U_S_-patent-office-8124071-53602837.html [See IPBiz post:... Posted on November 22, 2009 at 11:27 am by Lawrence B. Ebert
  • Nov 22

    Donor solvents in coal liquefaction

    A comment within the patentpending blog: While this is interesting. I agree with the other comment regarding the Bergius Process. And the now improved version, the "Kohleol" process, which is really just the Bergius with slightly different technology. Indirect CTL technicques such as F-T are inefficient, and produce less transportation fuels than direct techniques. There's about 7 different commercially viable direct techniques mainly developed in germany, usa and japan. The first commercial... Posted on November 22, 2009 at 10:49 am by Lawrence B. Ebert
  • Nov 22

    "New Jersey as paradise"

    In an interview on "60 Minutes" on 22 Nov. 09, Maziar Bahari noted of his detention in Iran -- "...a member of Iran's elite Revolutionary Guard, thought New Jersey was paradise on Earth." Maziar then noted he was totally screwed, because his guards must be stupid. Posted on November 22, 2009 at 09:47 am by Lawrence B. Ebert
Rank This Week: 22

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/
  • Nov 20

    Order Awarding Damages for Post-Verdict Sales

    Cummins-Allison Corp. v. SBM Co., Ltd., --- F.Supp.2d ----, 2009 WL 3855958 (E.D.Tex. Nov 13, 2009) (NO. CIV.A. 9:07CV196) Judge: Ron Clark Holding: Order re: Damages for Post-verdict Sales of Infringing Products This order arose in the context of sales made after the date of the verdict for the plaintiff and before the date the court entering an injunction to prevent future infringing conduct. In this case, pursuant to notice given to the parties well before trial, the jury was asked to... Posted on November 20, 2009 at 09:31 am by Michael C. Smith
  • Nov 19

    Motion to Transfer Granted as to California Defendants - Denied as to New Texas Defendants

    Balthaser Online, Inc. v. Network Solutions LLC et al., 2:08cv00430 (E.D. Tex. 2009) Judge: David Folsom Holding: Motion to Transfer Venue GRANTED in part. One of the interesting things about the recent venue cases out of the Federal Circuit (TS Tech, Telular, VW IV and Genentech) is seeing how they affect cases that were in the pipeline when the law changed. In this case, the California plaintiff had sued a raft of defendants, most from California. Then after TS Tech indicated that cases... Posted on November 19, 2009 at 09:16 am by Michael C. Smith
  • Nov 19

    New SBPS offices in Marshall featured in Marshall News Messenger

    This morning's front page story in the Marshall News Messenger was about some local attorney named Michael Smith, who has bought two historic old storefronts downtown next to his grandfather's old store and is in the process of restoring them for new office space for his firm Siebman, Burg, Phillips & Smith, LLP, and for use by visiting attorneys. The occasion for the article was the removal of the aluminum facade Tuesday to expose the original 1897 (or older) storefront. The article is a... Posted on November 19, 2009 at 08:47 am by Michael C. Smith
Rank This Week: 26

Chicago IP Litigation Blog

Chicago IP Litigation Blog

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

http://www.chicagoiplitigation.com/
  • Nov 20

    Seventh Circuit Pattern Trademark Jury Instructions

    Click here for the Seventh Circuit's new proposed pattern trademark jury instructions.* The committee that prepared the instructions included Northern District of Illinois Judges Kendall and Kennelly, as well as a broad spectrum of attorneys from academic, government and private practice. The pattern instructions are impressive for their thoroughness. They are also very well cited, making them an excellent primer on Seventh Circuit trademark law. Of particular note, the instructions do not... Posted on November 20, 2009 at 02:33 am
  • Nov 18

    Joint Authors Must Share Profits of Their Derivative Works

    /**/ Donovan v. Quade, No. 05 C 3533, Slip Op. (N.D. Ill. Oct. 15, 2009) (Nolan, Mag. J.) Judge Nolan granted in part defendants/counterplaintiffs' motion for summary judgment in this copyright suit. Initially, the Court deemed admitted all of plaintiff's properly supported supplemental statements of material fact because defendants failed to factually support their denials of the facts pursuant to Local Rule 56.1(b)(3)(B). The plaintiff and individual defendant were co-authors of the... Posted on November 18, 2009 at 02:56 am
  • Nov 16

    Court Stays Claims re One Patent, but Other Patent Claims Proceed

    Se-Kure Controls, Inc. v. Senneco Sol'ns., Inc., No. 08 C 6075, Slip Op. (N.D. Ill. Oct. 23, 2009) (Holderman, C. J.) Chief Judge Holderman stayed the case as to plaintiff Se-Kure Controls' '590 patent while Se-Kure appealed Judge Guzman's invalidity decision regarding the '590 patent. The Court, however, did not stay the case as to Se-Kune's other two patents-in-suit - the '807 and '822 patents. The Court held that defendant Senneco would be prejudiced by a delay as to the '807 and '822... Posted on November 16, 2009 at 02:52 am
Rank This Week: 35

Copywrite

Copywrite

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

http://copywrite.wordpress.com
  • Oct 15

    Blog Ending

    You may have noticed that posting has been very slow as of late. After seeing that Prof. Paltry is closing down his blog, I am following suit. The reasons for ending the blog are the same as why I have not been blogging much and why Paltry is quiting. 1. There are some strange people out [...] Posted on October 15, 2008 at 12:54 am by Keith Henning
  • Sep 11

    Arkansas Bar Exam Results - July 2008

    Bar exam results are out for July 2008. Congrats to all of my classmates and students. The full list, also available on the Ark. Supreme Court (pdf) web site, follows: Ables, Jason Keith 68 Kings River Rd. N. Little Rock, AR 72116 Albritton, Allison Curran 2325 Apple Blossom Lane Conway, AR 72034 Allen, Katie Summer 11901 Pleasant Ridge Rd, #127 Little Rock, AR [...] Posted on September 11, 2008 at 01:52 pm by Keith Henning
  • Sep 9

    Posting will be slow - working on a business plan

    I will be posting very sporadically for the next few months. I am not teaching this semester and am working on a business plan in order to begin raising money in the spring. Posted on September 9, 2008 at 01:57 am by Keith Henning
Rank This Week: 41

43(B)log

43(B)log

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

http://tushnet.blogspot.com/index.html
  • Nov 22

    NYT trend story on false advertising claims

    "Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route - filing lawsuits and other formal grievances challenging their competitors' claims." Related video. Posted on November 22, 2009 at 02:26 am by Rebecca Tushnet
  • Nov 21

    Pleading false advertising after Iqbal

    Tseng v. Marukai Corp. U.S.A., 2009 WL 3841933 (C.D. Cal.) Tseng alleged patent infringement and false advertising, but didn't include the level of detail required after Iqbal and Twombly. Reciting the elements of a cause of action isn't enough, so allegations that defendants sold goods that infringed plaintiff's patent were insufficient. Likewise, the allegation that "defendants falsely advertised their infringing goods as genuine and authorized products by imprinting the Patent In Suit's... Posted on November 21, 2009 at 09:57 pm by Rebecca Tushnet
  • Nov 21

    Hope my girlfriend don't mind it

    Consider the following songs: Stacy's Dad, after Stacy's Mom. I Kissed a Girl, sung by Ivri Lider. (Bonus Smallville video with Clark Kent as the POV character, on the same theme.) "I Kissed a Boy," sung by a female singer with the gendered nouns and pronouns reversed. (What does it say about our culture that this is the one I couldn't find?) I Kissed a Boy, same lyrics, sung by a male singer. (Bonus Cobra Starship I Kissed a Boy with substantially changed lyrics.) Which, if any, are... Posted on November 21, 2009 at 02:21 am by Rebecca Tushnet
Rank This Week: 45

Seattle Trademark Lawyer

Seattle Trademark Lawyer

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

http://seattletrademarklawyer.com/blog/
  • Nov 22

    Parties Agree that Plaintiff Has Exclusive Right to "Seattle Home Show" Trademark

    There's only one "Seattle Home Show." And it's run by Seattle Home Show Inc. That's what plaintiff Seattle Home Show Inc. and defendant HSD, LLC, agreed in a Stipulation and Agreed Order of Dismissal filed in the Western District on Nov. 18. Plaintiff is in the business of operating a home building and remodeling trade show under the SEATTLE HOME SHOW registered trademark. Plaintiff claimed that defendant began promoting a competing trade show under the SEATTLE HOMESHOW DAILY and HOMESHOW... Posted on November 22, 2009 at 05:30 pm by Michael Atkins
  • Nov 18

    Ninth Circuit Remands Cybersquatting Case to Western District

    In 2007, the Western District of Washington found that counterclaim plaintiff Vericheck, Inc., had proven its cybersquatting case against counterclaim defendant David Lahoti. (STL post on the summary judgment order here; post on the bench trial decision here.) Mr. Lahoti appealed. On Nov. 16, the Ninth Circuit vacated and remanded the district court's finding that counterclaim plaintiff's VERICHECK mark is distinctive. The Ninth Circuit separately affirmed the district court's finding that... Posted on November 18, 2009 at 07:47 pm by Michael Atkins
  • Nov 17

    Twilight-Themed Restaurant Re-Thinking Its "Volterra" Name

    Fans can get their fix at a forthcoming Twilight-themed restaurant, though it may not be named Volterra. The owners of a forthcoming Twilight-themed restaurant are thinking twice about their name. Tim and Annette Root own Dazzled by Twilight, a Forks, Wash., gift store centered on the locally-set vampire book series that's popular with today's youth. They plan to expand on the theme with a new restaurant, which they initially named Volterra. (For those not in the know, including me, Volterra is... Posted on November 17, 2009 at 07:29 pm by Michael Atkins
Rank This Week: 50

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/
  • Nov 22

    Keyword Advertising Lawsuit Survives Motion to Dismiss--Morningware v. Hearthware

    By Eric Goldman Morningware, Inc. v. Hearthware Home Products, Inc., 2009 WL 3878251 (N.D. Ill. Nov. 16, 2009) I keep getting calls from reporters operating under the misimpression that trademark owner-vs.-search engine keyword advertising lawsuits are more common than trademark owner-vs.-keyword advertiser lawsuits. While the lawsuits against search engines certainly get way more press coverage, in reality they are relatively rare. I don't have an exact count of pending lawsuits, but only 10... Posted on November 22, 2009 at 07:36 am by Eric
  • Nov 20

    A Look at Twitter's Updated Privacy Policy (November 19, 2009)

    [Post by Venkat] As noted on Twitter's blog, Twitter refreshed its privacy policy yesterday. Given that virtually everything Twitter does is placed under the microscope, I'm sure the policy will be pored over in detail. (Here's a link to the updated policy and a link to the old policy.) General thoughts on the policy: The policy is short, easy to understand, and in plain English. The thrust of the policy is that most users typically use Twitter to publicly disseminate information, and users... Posted on November 20, 2009 at 12:15 pm by Venkat
  • Nov 18

    Citysearch Click Fraud Class Certified--Menagerie v. Citysearch

    By Eric Goldman Menagerie Productions v. Citysearch, 2009 WL 3770668 (C.D. Cal. Nov. 9, 2009) While we don't hear much about click fraud litigation any more, there are still some click fraud lawsuits percolating through the courts, including this one against Citysearch. I initially blogged on the case under a different name, Lambotte v. IAC/InterActiveCorp.. Lambotte is out as a named plaintiff and Menagerie Productions now gets the honor. The big news is that earlier this month, the judge... Posted on November 18, 2009 at 07:04 am by Eric
Rank This Week: 52

Patently-O

Patently-O

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

http://www.patentlyo.com/patent/
  • Nov 11

    Survey of the Disruptive Impact of a First-to-File Switch

    Take the survey on a separate page: Click Here to take survey Take the survey on a separate page: Click Here to take survey Posted on November 11, 2009 at 01:02 pm by Dennis Crouch
  • Oct 29

    Supreme Court Clustering of Patent Cases

    The last time that the Supreme Court directly addressed the issue of subject matter eligibility under 35 U.S.C. &#xc2&#xa7 101 was in the early 1980's. In the waning days of the pre-CAFC era, the Supreme Court decided Diamond v. Chakrabarty, 447 U.S. 303 (1980) and Diamond v. Diehr, 450 U.S. 175 (1981). An interesting tidbit of history involves the grant of certiorari in the 1981 Diehr case. The Diehr grant of certiorari occurred on March 17, 1980 - the same day that the court heard oral arguments in... Posted on October 29, 2009 at 06:18 am by Dennis Crouch
  • Oct 28

    Mayo v. Prometheus: Medical Methods and Patentable Subject Matter at the Supreme Court

    Mayo v. Prometheus Labs., (on petition for writ of certiorari 2009) The Mayo Clinic has filed a petition asking the Supreme Court to hear its case challenging the patentable subject matter of Prometheus Labs' patents that cover a method of optimizing the dosing of a drug. U.S. Patents 6,355,623 and 6,680,302. The invention basically offers an iterative approach to dosing that involves three steps: (1) administer a drug to a subject; (2) then determine the level of drug in the subject; and (3)... Posted on October 28, 2009 at 01:47 pm by Dennis Crouch
Rank This Week: 59

Maryland Intellectual Property Law...

Maryland Intellectual Property Law Blog

Provides news, analysis of important case law, summaries of pending litigation, statistical information, and commentary relating to intellectual property issues affecting Maryland businesses and individuals. By Brian Wm. Higgins.

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

    Maryland IP Jobs, Seminar Announcement, Kanye West Lawsuit

    Please visit the Maryland IP Jobs page for a list of Intellectual Property jobs in Maryland (if you would like to have an IP-related job in Maryland listed on this website--for free--please send me the information) Invotex Group's Michele Riley will be co-presenting a WEBINAR to the MD Bar Association - IP Section titled "Removing the Mystery: Damages in Intellectual Property Disputes" on Thursday, September 10, 2009 from 8:30 to 9:30 a.m. For more information, click here. A reader pointed out... Posted on August 25, 2009 at 10:52 am
  • Jul 9

    Number of Patents Issued to Marylanders Inches Up

    U.S. Patent & Trademark Office (PTO) records show that for the year ending June 30, 2008, the PTO granted 1,983 patents naming at least one Maryland resident as an inventor or joint inventor (based on residence addresses supplied by patent applicants to the PTO). That represents a 1% increase in the number of patents issued to Maryland inventors for the previous year ending June 30, 2008 (1,956), but a 4% decline over the year ending June 30, 2007 (2,071). The number of published patent... Posted on July 9, 2009 at 08:36 pm
  • Jun 10

    Looking for a Few Good Patent Attorneys?

    If you're looking for a registered patent attorney (or patent agent) in Maryland near you, visit this website, which provides a map showing the location of registered patent attorneys and agents in Maryland based on address information supplied to the U.S. Patent & Trademark Office's Office of Enrollment, and their names and addresses. Rolling over the pointing tabs on the map brings up the practitioner's name and contact information. A snapshot of the map is shown below. Hat tip to Ryan... Posted on June 10, 2009 at 06:06 am
Rank This Week: 61

Patent Docs

Patent Docs

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

http://patentdocs.typepad.com/patent_docs/
  • Nov 20

    LEI National CLE Conference

    Law Education Institute, Inc. (LEI) will be holding the 27th Annual National CLE Conference on January 6-10, 2010 in Vail, Colorado. The Intellectual Property program of the conference, which will be held at the Vail Marriott Resort & Spa, will offer presentations on a number of topics, including: &#xe2€&#xa2 Federal Circuit and legislative update; &#xe2€&#xa2 Continued importance of opinions of counsel post-Seagate and Broadcom; &#xe2€&#xa2 Recent developments in licensing case law; &#xe2€&#xa2 Unglamorous but deadly --... Posted on November 20, 2009 at 09:39 pm by Patent Docs
  • Nov 19

    Amicus Briefs in Ariad v. Eli Lilly: Professor Christopher Holman

    By Kevin E. Noonan -- Christopher M. Holman, Associate Professor of Law at the University of Missouri-Kansas City (and proprietor of Holman's Biotech IP Blog), has filed an amicus brief in support of neither party in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. While not arguing on behalf of either party, Ariad would benefit if the Federal Circuit adopts Professor Holman's position: he not only advocates that there is no separate written description requirement in 35 U.S.C. &#xc2&#xa7 112, first... Posted on November 19, 2009 at 09:59 pm by Patent Docs
  • Nov 18

    Chisum on Patent Law Themes and Inequitable Conduct

    By Donald Zuhn -- Earlier this month, Donald Chisum (at right), who for the past 31 years has authored the patent treatise Chisum on Patents, was in Chicago to give a luncheon presentation on recent patent law developments to a group of local practitioners. Mr. Chisum, who was professor of law at the University of Washington from 1969 to 1996 and professor of law at Santa Clara University from 1997 to 2006, is also the author of the Patent Law Digest. Both Chisum on Patents and the Patent Law... Posted on November 18, 2009 at 09:59 pm by Patent Docs
Rank This Week: 64

ANTICIPATETHIS.com

ANTICIPATETHIS.com

A patent law blog providing thought-provoking commentary . . . with a dash of irreverent humor. By Jake Ward.

http://anticipatethis.wordpress.com
  • Nov 18

    Bilski-Hitler Satirical Video.

    JW Note: Hat-tips to Zura's 271 Blog and IPBIZ. Hilarious spoof on Youtube related to the ongoing Bilski v. Kappos case being considered at the SCOTUS. Apparently some patent attorney has had way too much time on his hands. Enjoy! Posted in General Commentary Posted on November 18, 2009 at 03:25 pm by Jake Ward
  • Nov 18

    NYT Op-Ed – Inventing a Better Patent System.

    An interesting op-ed article at the New York Times this week by Robert C. Pozen, the chairman of MFS Investment Management and a lecturer at Harvard Business School, on reforming the patent system in the United States. Check it out here. Posted in General Commentary Posted on November 18, 2009 at 10:47 am by Jake Ward
  • Nov 13

    They Invented What? (No. 153)

    U.S. Pat. No. 5,741,240: Float tube urinal. What is claimed is: 1. A containment device for receiving and containing urine and being capable of direct attachment and support along a leg of an individual between the leg and external forces that would tend to collapse the containment device against the leg, the containment device being configured for [...] Posted on November 13, 2009 at 12:40 pm by Jake Ward
Rank This Week: 69

I/P Updates

I/P Updates

Offers news and information for intellectual property practitioners. By William F. Heinze.

http://ip-updates.blogspot.com
  • Oct 19

    USPTO Expands and "Enhances" First Action Interview Pilot Program

    Effective October 1, 2009, the United States Patent and Trademark Office (USPTO) is expanding and "enhancing" the original First Action Interview Pilot Program which ended on June 28, 2009. Under the Enhanced First Action Interview Pilot Program ending April 1, 2010, the examiner will conduct a prior art search and provide the applicant a pre-interview communication, which is a condensed preview of objections or rejections proposed against the claims. Within 30 days from the issue date of the... Posted on October 19, 2009 at 03:34 am by Bill Heinze
  • Oct 12

    FTC Revises Guides Governing Endorsements and Testimonials

    The Federal Trade Commission has issued revisions to its Guides Concerning the Use of Endorsements and Testimonials, which will take effect on December 1, 2009 under16 C.F.R. Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising: Notice Announcing Adoption of Revised Guides Posted on October 12, 2009 at 10:51 pm by Bill Heinze
  • Jul 9

    TGIF for Religion and Intellectual Property

    On July 7, 2009, Pope Benedict XVI published his third encyclical letter titled "Caritas in veritate" (Charity in Truth) which, among other things, states that "On the part of rich countries there is excessive zeal for protecting knowledge through an unduly rigid assertion of the right to intellectual property, especially in the field of health care. At the same time, in some poor countries, cultural models and social norms of behaviour persist which hinder the process of development." In... Posted on July 9, 2009 at 04:38 am by Bill Heinze
Rank This Week: 74

The Journal of the Business Law...

The Journal of the Business Law Society

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

http://www.law.uiuc.edu/bljournal/
  • Nov 8

    Be Careful, They’re Unpaid Interns: Is the NCAA and its Member Schools Unfairly Profiting From the Likenesses of Its Athletes?

    I. Introduction We hear the debate all the time. Some sports writer will call for college athletes to be paid.[1] Another will rebut that they are given hundreds of thousands of dollars in college tuition, books and housing.[2] This debate is surely to drag out as long as there are intercollegiate sports, no matter what the rule on the NCAA's books is either way. As it stands, the NCAA and its member schools profits by selling the publicity rights of its athletes to video gaming companies, as... Posted on November 8, 2009 at 12:25 pm
  • Nov 5

    Implications of the Genetic Information Nondiscrimination Act (GINA) on Professional Sports

    I. Introduction The sports business industry is one of the largest and fastest growing industries in the United States. In fact, the Sports Business Journal estimates the size of the sports business industry to be $213 billion in the United States alone. [1] Furthermore, sports business law is a dynamic field of law with new issues arising on an almost daily basis due to courts decisions, new legislation, and regulation. [2] One piece of new legislation, the Genetic Information... Posted on November 5, 2009 at 03:59 pm
  • Nov 3

    Deficient in Deficiencies: The Potential Effects of the Refusal to Uphold Full-Recourse, Residential Real Estate Loans

    I. Introduction Foreclosures have taken on a new significance in the last few years as a result of the financial crisis. This has the led the finer points of the foreclosure proceedings to become extremely important for many lenders, and for many borrowers in default. One potentially important practice is the oft-rumored, but rarely documented routine of certain judges to simply refuse to grant any deficiency judgments in personal foreclosures. Cases have been brought before higher courts... Posted on November 3, 2009 at 03:06 pm
Rank This Week: 80

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com
  • Nov 19

    TTAB Rejects Another Fraud Claim for Inadequate Pleading

    The Board yesterday rejected another fraud claim for failing to meet the strict pleading requirements of Rule 9(b), Fed. R. Civ. P. Ayush Herbs, Inc. v. Hindustan Lever Ltd. Co., Opposition No. 91172885 (November 19, 2009) [not precedential]. The Board also threw in Rule 11, Fed. R. Civ. P., and Trademark Rule 11.18 as a warning shot for future pleaders. Here, applicant's counterclaim is insufficient because it does not set forth facts supporting its allegation that "opposer has never used or... Posted on November 19, 2009 at 09:40 pm by John L. Welch
  • Nov 19

    Recommended Blog: Rich Stim's "Dear Rich: Nolo's Patent, Copyright & Trademark Blog"

    Rich Stim answers those questions that your next-door-neighbor or your mother-in-law asks you about IP: can I copy this? can I market that? And he does it with unfailing good humor! Check it out here. Posted on November 19, 2009 at 08:50 pm by John L. Welch
  • Nov 19

    TTABlog Answers the Question: What is the Oldest Pending TTAB Case?

    Well, at least I try to answer the question, with the help of Chris Shiplett at TTAB Across the Board. He reports that the oldest pending TTAB case is United Black Fund v. National Black United Fund, Inc., Cancellation No. 92013503. That case was commenced on September 9, 1982, and has been suspended since May 10, 1984. The reason for the suspension is the pendency of a civil action in the United States District Court for the District of Maryland. According to a paper filed by the parties in... Posted on November 19, 2009 at 07:30 pm by John L. Welch
Rank This Week: 86

Trade Secrets Blog

Trade Secrets Blog

Covers trade secrets and trade legislation with a focus on the Southeastern states. Published by Press Millen and Todd Sullivan of Womble Carlyle.

http://wombletradesecrets.blogspot.com
  • Nov 20

    Idaho Health and Home Products Company Sues Former Employees For Trade Secret Theft - And Ubiquitous News Stories Abound Regarding Longevity Payments

    The Associated Press is reporting that an Idaho health and home products company Melaleuca Inc. accuses a Utah company of raiding some of its top sales staff, infringing on company trade secrets and competing unfairly. Idaho Falls-based Melaleuca filed a lawsuit in federal court Monday against Max International, its top sales executive and dozens of former Melaleuca sales executives. The complaint seeks more than $10 million in damages and asks a judge to issue an injunction that would stop... Posted on November 20, 2009 at 12:47 pm
  • Nov 17

    Hedge Fund Withdraws Trade Secret Summons After Concluding its "Evidence" Was Too Shaky to Proceed

    The AmLaw Litigation Daily is reporting that Amaranth Advisors LLC, the energy trading hedge fund that lost almost $7 billion in 2006 trading in natural gas, has withdrawn its trade secret misappropriation lawsuit summons against Touradji Capital Management, another You can see the summons here: [amlawdaily.typepad.com]. According to the summons, Amaranth and Touradji signed a confidentiality agreement in advance of the transfer of Amaranth's base metals portfolio to Touradji. The transfer was... Posted on November 17, 2009 at 07:07 am
  • Nov 16

    IMAX Claims Former Partner, Cinemark, Stole The Trade Secrets of the IMAX Theater Experience

    Courthouse News Service is reporting that IMAX claims its former partner Cinemark defrauded it and stole trade secrets by trying to "reproduce" IMAX's "multiplex movie theaters across the Americas." It claims Cinemark used the secrets to create "Extreme Digital" or XD theaters to provide a "bootleg version of the IMAX Experience." In its complaint filed in state court in New York, IMAX says it teamed up Cinemark in the 1990s after "two principals of Cinemark ... professed an intent to become... Posted on November 16, 2009 at 07:29 am
Rank This Week: 120

Recording Industry vs The People

Recording Industry vs The People

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

http://recordingindustryvspeople.blogspot.com/index.html
  • Nov 16

    Attorneys fee appeal in Lava v Amurao rejected by "summary order"

    In Lava Records v. Amurao, the appeal by Rolando Amurao from a lower court order denying his attorneys fee motion, the Second Circuit has affirmed the order of the lower court by a "summary order" (an order having no precedential effect). The Court relied in part upon Amurao's pre-suit written admission to the plaintiffs that "[w]e downloaded the songs [in question] through a program called Lime Wire," Amurao's subsequent less-than-candid responses to plaintiffs' discovery requests, and the... Posted on November 16, 2009 at 04:30 am by Ray Beckerman
  • Nov 13

    Correction: Part of Tanya Andersen's class action dismissed by District Court judge

    In Andersen v. Atlantic Recording, Tanya Andersen's abuse-of-process class action, the Court granted the RIAA's motion for partial summary judgment dismissing so much of Ms. Andersen's claims as arise from initiation of an action against her. The motion did not involve so much of Ms. Andersen's claims as arise from the RIAA's continuation of the action against her. That aspect of her case remains pending. The basis for the Court's decision was the Noerr-Pennington doctrine. November 12, 2009,... Posted on November 13, 2009 at 07:08 am by Ray Beckerman
  • Oct 30

    Brooklyn Law School backs down; will not voluntarily investigate & "name names"

    Brooklyn Law School has modified the position it took the other day, in which it had indicated it was going to actively investigate who may have been downloading MPAA movies or shows, and turn over the names for "enforcement" purposes. It sent out the following email a day later: From: Announcements On Behalf Of Phil Allred Sent: Thursday, October 29, 2009 12:08 PM To: All Users Subject: [BLS] Update on illegal downloads e-mail notice Yesterday, I sent out an e-mail regarding the recent spate... Posted on October 30, 2009 at 05:16 am by Ray Beckerman
Rank This Week: 129

Erik J. Heels

Erik J. Heels

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

http://erikjheels.com
  • Oct 28

    Goodbye FeedBurner

    Taking control of my feed again. I just turned off FeedBurner. The problems with FeedBurner are well documented. No need for me to pile on. If you've subscribed to the FeedBurner feed (http://feeds.feedburner.com/erikjheels), then you'll need to re-subscribe. My blog's new feed is http://erikjheels.com/?feed=rss2. Please make a note of it. Posted on October 28, 2009 at 04:39 pm by @ErikJHeels
  • Oct 16

    LawLawLaw 2009-10-17

    /**/ Technology, Law, Baseball, Rock 'n' Roll, Etc. The opinions expressed in LawLawLaw do not necessarily reflect the opinions of Clock Tower Law Group, its employees, or the author. All your base are belong to us. Doing Our Part To Fight The Recession: Clock Tower Law Group's $45K Stimulus Program We added 30 new clients during our seven-month FreeTrademarksForStartups.com promotion, which was a $1500 credit for the filing of a trademark application. We were glad to be able to help startups... Posted on October 16, 2009 at 09:09 pm by @ErikJHeels
  • Oct 16

    The Perfect Treehouse

    /**/ Build one with your kids. In the summer of 2003 and 2004, the perfect treehouse took shape in a four-stem maple in the back yard of a house in Acton, MA. [web.mac.com] The treehouse was built by @ErikJHeels and his kids. This is a video tour of the treehouse. Part 1 - Red House, Red Cat House, Red Treehouse Part 2 - Apple Tree Ladder, Foundation Part 3 - Opening The Entrance Hatch Part 4 - Opening The Back Hatch, First Counterweighted Hatch Part 5 - Second Counterweighted Hatch, N-Hatches,... Posted on October 16, 2009 at 04:19 pm by @ErikJHeels
Rank This Week: 132

The Prior Art

The Prior Art

One reporter's notes on the IP beat. By Joe Mullin.

http://thepriorart.typepad.com/the_prior_art/
  • Nov 2

    Patent Litigation Weekly: How to win $25 million in a patent suit—and end up with a whole lot less

    This week: DeepNines collected $25 million when it won an infringement suit against anti-virus software giant McAfee Inc. in the Eastern District of Texas two years ago. But after paying off its Fish & Richardson lawyers and outside investors at Altitude Capital Partners, the small network-security company wound up with less than $800,000. And now DeepNines is being sued by Altitude, which wants millions more than it's already gotten. A revealing look at how a leading player in the... Posted on November 2, 2009 at 12:32 pm by Joe Mullin
  • Oct 23

    Patent Litigation Weekly: Revealed! How Much Money a "Patent Troll" Makes

    This week: a motion filed by a convicted felon/inventor spills the details of how he, patent-holding company SP Technologies, and the Niro Scavone law firm divvied up the loot from a set of suits against top tech companies-including one over Apple's iPhone. One thing that can make reporting about civil litigation frustrating is that so much of it ends in confidential settlements. Occasionally, though, a ray of light pierces the shroud of secrecy, and it's possible to find out how much money... Posted on October 23, 2009 at 12:16 pm by Joe Mullin
  • Oct 16

    Patent Litigation Weekly: Foley Tries Turning Tables on Spangenberg

    This week, the man behind a notorious network of patent-holding companies finds himself in an unaccustomed spot: on the defense. When it comes to litigation, Erich Spangenberg, well known for running a network of patent-holding companies, is usually a plaintiff. Now, though, he's on the other side of a lawsuit, having been named as a third-party defendant in a dispute between patent-holding company DataTern and its former lawyers at Foley & Lardner. DataTern-a spinoff of an operating... Posted on October 16, 2009 at 10:33 am by Joe Mullin
Rank This Week: 172

The Patry Copyright Blog

The Patry Copyright Blog

By William Patry, Senior Copyright Counsel at Google Inc.

http://williampatry.blogspot.com/index.html
  • Aug 6

    My new blog

    I launched a new blog today, called Moral Panics and the Copyright Wars. Here's the link. The blog is based on a book I just published of the same title, available here and here. Posted on August 6, 2009 at 07:34 pm
  • Jul 18

    Rocky Mountain Ratings

    A recent decision by a district court in Colorado, Health Grades, Inc., v. Robert Wood Johnson University Hospital, Inc. (HT to Eric Goldman and Mike Masnick at Techdirt) raises once again courts' confusion over foundational holdings by the Supreme Court in its 1991 Feist compilation opinion, confusion that has resulted in inappropriate extension of copyright to facts, prices, and ratings. In the Colorado case, the opinion was on a Rule 12(b)(6) motion to dismiss, meaning that there has been no... Posted on July 18, 2009 at 11:41 am
  • Jun 8

    My "new" fair use book

    West Publishing just put out a "new" treatise of mine on fair use in copyright. Here is a link to buy it ($200, free shipping!). "New" is in quotes because the book goes back to 1985, when BNA published the first edition. The book got off to a good start: the week after it was published the Supreme Court cited it in its Harper & Row, Publishers v. Nation Enterprises opinion, the case about the Nation magazine's unauthorized publication of excerpts from former President Gerald Ford's memoirs... Posted on June 8, 2009 at 07:40 am
Rank This Week: 177

The Trademark Blog

The Trademark Blog

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

http://www.schwimmerlegal.com/
  • Nov 18

    Philip Morris v. Various Groceries Selling Cigarettes

    This is a complaint Philip Morris brought against six grocery stores and ten John Does, for selling counterfeit cigarettes. What's interesting is how the Court will handle the joinder of these defendants - I did not see allegations in the complaint of any sort of connection between them (apart from the allegation that they all sell counterfeit cigarettes). Complaint Philip Morris Counterfeit Posted on November 18, 2009 at 05:18 pm by Marty Schwimmer
  • Nov 17

    Who Is The LAWYER OF LOVE?

    Playboy sues divorce lawyer/former columnist/former Playboy model, for filing application for LAWYER OF LOVE (name of her Playboy column). I would assume LAWYER OF LOVE was a generic term for trademark lawyer. Defendant owns a registration for the mark LIFE'S SHORT, GET A DIVORCE. Background here. Complaint Lawyer of Love Playboy Posted on November 17, 2009 at 11:55 am by Marty Schwimmer
  • Nov 16

    US Polo Association v Ralph Lauren re POLO and Horses

    The US Polo Association and Ralph Lauren have been fighting since 1984 over logos using the word POLO and depicting horses. The background of the this dispute is set out below in the Polo Association's complaint in a new declaratory judgement action. Noting the success of the Polo Association's licensing program, I will be reaching out to the governing body of water polo, in the hopes of securing a license. I would like to update the logo, perhaps to include ponies (yes, that's a Billy Wilder... Posted on November 16, 2009 at 07:51 am by Marty Schwimmer
Rank This Week: 178

Tech LawForum

Tech LawForum

Discussion, debate and dialogue of technology law issues. Sponsored by the High Tech Law Institute.

http://www.techlawforum.net
  • Jan 4

    Not Enough Nexuses for Daubert.

    In Rambus v. Hynix, 5:05CV334 (N.D. Cal. Dec. 29, 2008), at docket entry #2997, Judge Whyte largely rejected proffered expert testimony on the "secondary considerations" that indicate nonobviousness. A showing of these indicia of nonobviousness has grown in importance since the Supreme Court lowered the pedal against obvious combination patents, in KSR v. Teleflex. Using a Daubert analysis, mainly focused on whether the expert reliably made logical connections between historical facts and 'net'... Posted on January 4, 2009 at 06:49 am by Lee Thomason
  • Dec 18

    Attorney, Newly Merged In, and Entire Firm Disqualified in DRAM suit.

    After some 350 docket entries, a firm that was representing certain opt-out plaintiffs in the DRAM antitrust case was disqualified in Unisys Corp. v. Hynix Semiconductor, Inc., 3:06-CV-2915 (N.D. Cal. 12/18/2008). The D.C. firm had merged in a California firm in Oct. 2008, which brought in as a partner an attorney who had represented an executive of one defendant in the DOJ investigation of the DRAM market. The arguments against disqualification were that no attorney-client relation existed... Posted on December 18, 2008 at 09:27 pm by Lee Thomason
  • Dec 18

    Last Season’s Patented Gift Suggestions.

    It is remarkable how many patents get issued, either (i) just before the calendar year closes or (ii) within 90 days before the application is pending 36 months. Due to postulate (i), many patents (over 3500 last year) actually have an issue date of December 25th. At this time of giving and remembering, recall a few inventions patented on last Christmas Day 2007. First, is USP 7,312,773 for the "Illuminated Wearable Ornament," which includes "a fastener &#xe2€&#xa6for attachment to a human," and per... Posted on December 18, 2008 at 04:15 pm by Lee Thomason
Rank This Week: 179

IPKat

IPKat

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

http://ipkitten.blogspot.com
  • Nov 20

    Friday fantasies

    Have you checked the IPKat's list of Forthcoming Events? There's plenty coming up, as you can see from the side-bar on the IPKat's front page. It gets a bit quiet over Christmas, but January's only just around the corner. Are you IP-savvy, as fit as a fiddle and always carry an umbrella in case it rains? If so, the United Kingdom's IPO has a job for you as Senior Policy Advisor, International Policy on IP, Public Health and Climate Change. The post is based in London, not Newport, so you can't... Posted on November 20, 2009 at 04:42 am
  • Nov 20

    Internet-hosted prior art and proof of publication: UK not bound by EPO level of proof

    In a recent hearing concerning a UK patent application, Ranger Services Ltd's application, BL O/362/09, 17 November 2009, Hearing Officer Lawrence Cullen was faced with a question relating to the status of cited prior art which had been obtained from an internet archive. Rejecting the application before him, which was for a system of using an automatic number plate recognition system to detect cloned vehicle number plates, he considered that the current European Patent Office guidelines [see... Posted on November 20, 2009 at 01:59 am
  • Nov 20

    IP rights "not the driver" for vegetable varieties innovation

    While most felines have little affection for vegetation, the IPKat is something of an exception. He has just been perusing "Patents and Vegetable Crop Diversity", a US research paper by Paul J. Heald (Allen Post Professor of Law, University of Georgia School of Law) and his colleague Susannah Chapman of the same university's Department of Anthropology. According to the abstract: "The intellectual property system does not seem to drive the rate of innovation in the market for vegetable... Posted on November 20, 2009 at 12:54 am
Rank This Week: 192

Los Angeles Intellectual Property...

Los Angeles Intellectual Property Trademark Attorney Blog

Includes topics such as copyright litigation, licensing, patent litigation, TTAB, trademark applications, and trademark litigation. By Los Angeles, California intellectual property lawyer, Milord A. Keshishian.

http://www.iptrademarkattorney.com/
  • Nov 18

    Mixed Martial Arts Fight Over Gracie Jiu Jitsu Trademark

    Los Angeles, CA - Rorion Gracie, the patriarch of the famed Gracie family from Brazil, filed a trademark infringement, Lanham Act &#xc2&#xa7 43(a) unfair competition, and dilution lawsuit against Black Silver Enterprises and Un Mi Lee. Gracie is a 9th degree Red Belt in Brazilian Jiu-Jitsu and has been an owner of the "Gracie Jiu Jitsu" commercial endeavors since opening the first location in Southern California in 1978. In 1997, Plaintiff's Gracie Gear trademark was registered with the USPTO for use... Posted on November 18, 2009 at 09:08 pm by Milord A. Keshishian
  • Nov 16

    Breakdown Services Sues Netxplosion Entertainment For Copyright Infringement

    Los Angeles, CA - Breakdown Services, Ltd. prepares script analyses and summaries, commonly known as "breakdowns," to the entertainment community. The breakdowns are distributed via the Internet to authorized theatrical and other talent agencies and management companies. Plaintiff has applied for copyright registration of the material and alleges that all of the breakdowns prominently display the following warning: "This confidential information is the property of Breakdown Services, Ltd. - DO... Posted on November 16, 2009 at 02:50 am by Milord A. Keshishian
  • Nov 10

    Jewelry Design Copyright Infringement Lawsuit Filed Over Humpback Whale Earrings

    Los Angeles, CA - Jewelry designer David Rasnick sued Jewelry and Minerals of Las Vegas for copyright infringement. Rasnick has been designing jewelry for over 20 years and designed a teardrop shaped humpback whale loop earring. Rasnick registered the work with the Copyright Office on May 22, 1989. Rasnick alleges that "Defendant has sold unauthorized and infringing copies of the humpback whale earring, which bear a design that is substantially similar to the humpback whale earring at retail,... Posted on November 10, 2009 at 10:28 pm by Milord A. Keshishian
Rank This Week: 193

Daily Dose of IP

Daily Dose of IP

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

http://dailydoseofip.blogspot.com
  • Apr 30

    WIPO Magazine – 2/2009 Issue

    The 2/2009 issue of WIPO Magazine is available on line through the World Intellectual Property Organization's website, and as referenced in my prior post, this particular issue focuses on green technology. The following articles (as referenced on WIPO's website, each hyperlinked for convenience) are included within the 2/2009 issue: IP and Climate Change Negotiations: From Bali to Copenhagen, Via Pozna&#xc5&#x84 - This article discusses various conferences in connection with climate change, starting... Posted on April 30, 2009 at 07:00 am
  • Apr 28

    World Intellectual Property Day – 04/26/2009

    As highlighted by the World Intellectual Property Organization ("WIPO"), 2009's World Intellectual Property Day ("World IP Day") was April 26, 2009. According to the WIPO World IP Day website (link below), "WIPO and its Member States celebrate World Intellectual Property Day with activities, events and campaigns," which "seek to increase public understanding of what IP really means, and to demonstrate how the IP system fosters not only music, arts and entertainments, but also all the products... Posted on April 28, 2009 at 07:12 am
  • Apr 23

    USPTO Announces German PPH Program

    Last week, the USPTO announced that it has partnered with the German Patent and Trademark Office (DPMA) in establishing the newest Patent Prosecution Highway (PPH) pilot program. This new program, starting on April 27th of this year and running for an initial two period, is being established to "streamline the patent system and promote expeditious, inexpensive and high-quality patent protection throughout the world." According to John Doll, the Acting Director of the USPTO, "The Patent... Posted on April 23, 2009 at 08:19 am
Rank This Week: 205

Two-Seventy-One Patent Blog

Two-Seventy-One Patent Blog

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

http://271patent.blogspot.com
  • Nov 17

    How Not to Invent a Patent Crisis

    F. Scott Kieff and Henry E. Smith authored a chapter in the book "Reacting to the Spending Spree: Policy Changes We Can Afford" which examines challenges the Obama administration faces today, and in the foreseeable future, and the administration's planned responses. Kieff and Smith's contributions deal with the topic of patent reform and the authors' view that in light of the rapid (and arguably excessive) changes that have already occurred in the courts, patent law needs "a tweaking of... Posted on November 17, 2009 at 02:47 pm by Two-Seventy-One Patent Blog
  • Nov 16

    ED Tex: Computerized Business Method Patent Fails Bilski Test Under 35 USC 101

    H&R Block Tax Services v. Jackson Hewitt Tax Services Inc., No. 6:08-cv-37 (E.D. Tex., Nov. 10, 2009) H&R Block sued Jackson Hewitt in February 2008 alleging infringement of patents relating to "a system and method for distributing payments to individuals and, more particularly, to a system and method for allocating a portion or all of an individual's payment into a spending vehicle." Jackson Hewitt subsequently moved the court to find the patent invalid for claiming ineligible subject... Posted on November 16, 2009 at 02:02 pm by Two-Seventy-One Patent Blog
  • Nov 11

    Bilski Movie Spoof

    For whatever reason, numerous spoofs have been made using the "Hitler rant" scene from Der Untergang ("Downfall"), ranging from US elections, the real estate market, ACORN, etc. Well, a spoof relating to patent law (and more specifically Bilski) has now been made, and it's quite funny, although at times you can't tell if the character playing Hitler is pro-patent or anti-patent . . . Posted on November 11, 2009 at 08:26 am by Two-Seventy-One Patent Blog
Rank This Week: 243

Philip Brooks' Patent Infringement...

Philip Brooks' Patent Infringement Updates

Covers infringement litigation case news, litigation case management, patent trolls, reverse payments, software patents and willful infringement.

http://infringement.blogs.com/philip_brooks_patent_infr/
  • Nov 20

    OraSure Technologies Announces Settlement of Patent Infringement Lawsuit

    The following is excerpted from an OraSure press release published by GlobeNewswire on November 19, 2009 and available at The Wall Street Journal's Market Watch: OraSure Technologies, Inc. (OSUR) today announced the settlement of the patent infringement lawsuit filed against OraSure by Inverness Medical Innovations, Inc. (IMA) , Inverness Medical Switzerland GmbH and Church & Dwight, Co., Inc. (CHD) . Under the settlement, OraSure has agreed to pay Inverness a sum of $3,000,000 in cash and... Posted on November 20, 2009 at 02:38 am by Phil
  • Nov 19

    Athena Diagnostics Files Patent Infringement Suit Against Ambry Genetics

    The following item was posted on November 19, 2009 by MassDevice staff: The Worcester, Mass.-based Thermo Fisher Scientific subsidiary accuses Ambry Genetics Corp. of violating one of its diabetes test patents. Athena Diagnostics Inc. accused a California-based molecular biology firm of infringing one of its patents for a diagnostic test for certain forms of diabetes. The Worcester, Mass.-based subsidiary of Thermo Fisher Scientific Inc. (TMO) filed suit against Ambry Genetics Corp. Nov. 18 in... Posted on November 19, 2009 at 02:29 pm by Phil
  • Nov 18

    A123 Systems Seeks to Recharge Battery Again

    The following is excerpted from the "Defendants' Third Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Leave to File Second Amended Complaint" filed on November 16, 2009 in the Hydro-Quebec v. A123 Systems case: Defendants A123 Systems, Inc., Black & Decker Corporation, Black & Decker (U.S.) Inc., and China BAK Battery Inc. hereby request a 76-day extension to January 31, 2010 to file their response to Plaintiffs' Motion for Leave to File Second Amended... Posted on November 18, 2009 at 03:29 pm by Phil
Rank This Week: 277

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/
  • Sep 11

    ACI "Maximizing Pharmaceutical Patent Life Cycles" Conference, New York, October 7-8

    American Conference Institute is hosting a special 10th Anniversary Edition of its annual "Maximizing Pharmaceutical Patent Life Cycles" conference on October 7th and 8th in New York. According to ACI, this is "the one and only event that consistently allows brand name and generic drug makers to benchmark their companies' current strategies and tactics against competitors in both camps." Here's the agenda: The endgame reinvented: preparing for an emerging pharmaceutical patent paradigm Patent... Posted on September 11, 2009 at 08:51 pm by Aaron Barkoff
  • Aug 5

    Federal Circuit Affirms Invalidity of Bayer Patent on Yasmin

    Bayer Schering v. Barr Labs, No. 2008-1282 (Fed. Cir. 2009) A divided panel of the Federal Circuit today affirmed a district court decision holding Bayer's U.S. Patent No. 6,787,531 invalid due to obviousness. The '531 patent, which claims pharmaceutical compositions of drospirenone and ethinyl estradiol, protects Bayer's popular birth-control pill Yasmin. In today's decision, the majority (Judges Mayer and Friedman) held that "the invention would have been obvious to try." Judge Newman... Posted on August 5, 2009 at 09:59 pm by Aaron Barkoff
  • Jul 15

    ACI's FDA Boot Camp Coming to Chicago and Boston

    American Conference Institute's popular "FDA Boot Camp" conference is coming to Chicago next week, July 21-22, and to Boston on September 15-16. The conference is billed as "basic training for products liability and patent lawyers." Presentations likely of most interest to Orange Book Blog readers include: The Basics: Understanding and Working with the FDA and the New Administration--Jurisdiction, Functions, Organizations, and Operations The Nature of the Approval Process Essential Requirements... Posted on July 15, 2009 at 09:22 pm by Aaron Barkoff
Rank This Week: 278

IPTAblog

IPTAblog

Covers the relationship between the law, communications technology and the creative arts. By Andrew Raff.

http://www.iptablog.org/
  • Oct 13

    This post is a tribute to the greatest post in the blog

    If a tribute band uses choreography that's so original that it can deserve copyright protection on its own, what does that say about how good the tribute band is as a tribute band? ACES - Four Tops & Motown Tribute Show (1991-2002) "This routine seen here is currently being used without consent in The Magic of Motown show and How Sweet It Is. Freddie Lee Peterkin is taking legal action against these shows for infringement of copyright of his original dramatic works." And a gratuitous link... Posted on October 13, 2009 at 02:52 pm by Andrew Raff
  • Oct 12

    Franken on Net Neutrality

    I missed the Future of Music Policy Summit this year, but Senator Al Franken gave a keynote address that summarizes concisely the key concerns about the need for net neutrality, framed in terms of a First Amendment free speech concern and secondly about creating entrepeneurial opportunities (rather than enabling and entrenching incumbents.) Al Franken Keynote Address to Future of Music Policy Summit 2009, "The stifling of openness on the Internet isn't always about censorship. In the future, it... Posted on October 12, 2009 at 11:47 am by Andrew Raff
  • Sep 24

    Tasty, Tasty Sausage

    This story about the natural gas industry losing out to dirtier fossil fuels in the energy bill on NPR's Morning Edition demonstrates the fundamental problem with Federal policymaking today, With Little Clout, Natural Gas Lobby Strikes Out: "[Former Senator Tim] Wirth told the industry leaders that on Waxman-Markey, they blew it. 'Every industry was deeply engaged, except one: Yours,' he said. 'The natural gas industry, the industry with the most to gain and the most to offer, was not at the... Posted on September 24, 2009 at 08:32 am by Andrew Raff
Rank This Week: 311

Canadian Trademark Blog

Canadian Trademark Blog

Commentary on Canadian trademarks & technology law. From Neil Melliship, Larry Munn and Karen Monteith of the Canadian law firm Clark Wilson LLP.

http://www.trademarkblog.ca
  • Nov 20

    IDNs on the Fast Track

    As has been widely reported, ICANN (the Internet Corporation for Assigned Names and Numbers) recently approved the Internationalized Domain Name Fast Track Process at its Open Meeting in Seoul on October 30, 2009. Internationalized Domain Names (IDNs) are domain names featuring non-Latin characters before and after "the dot" - for example, imagine the domain name trademarkblog.ca where both the "trademarkblog" and the "ca" (thought it wouldn't be .ca) are both written in Chinese characters. The... Posted on November 20, 2009 at 01:08 pm by Karen Monteith
  • Nov 10

    Proving a Trademark Licence

    3082833 Nova Scotia Company v. Lang Michener LLP and Registrar of Trade-marks illustrates the importance of providing evidence of any licences in place when confronted with a summary expungement under section 45 of the Trademarks Act: an evidentiary burden that is not difficult to meet. 3082833 Nova Scotia Company ("3082&#xe2€&#xb3) owned the registered mark ENTRE NOUS for use in association with "telecommunication services, namely long distrance telephone services". The mark was originally owned and... Posted on November 10, 2009 at 05:46 pm by Larry Munn
  • Nov 4

    BTO Members Taking Care of Legal Business

    Fans of the 70's Canadian super group, Bachman Turner Overdrive (also commonly known as BTO), may have noted the report of a legal dispute between current and former band members over the rights to the band's trademarks. The mark BACHMAN-TURNER OVERDRIVE is the subject of two registrations in the Canadian Intellectual Property Office and there are several pending applications for similar marks. While disputes between ex-band mates are not unusual, this one has an added twist in that it pits one... Posted on November 4, 2009 at 04:39 pm by Neil Melliship
Rank This Week: 313

Control Protect & Leverage

Control Protect & Leverage

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

http://www.lld-law.com/IPblog.html
  • Sep 18

    What do you think?

    As recently stated in the online blog Lexology, American Airlines recently sued Google for trademark misappropriation. See American Airlines, Inc. v. Google, Inc., No. 4-070V-487-A (N.D. Texas, Aug. 16, 2007). In its complaint, Amercian alleges that Google's policy of allowing other companies to display paid links to their sites when Google users enter American's trademarks as search terms, Posted on September 18, 2007 at 01:06 am by Shane Percival, Esq.
  • Aug 14

    I was right.

    Way back on April 19th of this year, I wrote about the potential for patent reform occuring this year, and stating my case for why I was against it (http://www.lld-law.com/2007/04/will-patent-reform-occur-this-year.html#links). Recently, the Wall Street Journal ran a commentary article on the Patent Reform Act of 2007. Although I missed this article, I was lucky enough to see the responses the Posted on August 14, 2007 at 05:05 am by Shane Percival, Esq.
  • Aug 9

    Who's the bad guy here?

    Another day, another post. I'm obvously trying to quickly break us out of the blogging slump we were in... So, in today's Wall Street Journal, an article states that Johnson & Johnson (J&J) is suing the Red Cross for trademark infringement (WSJ Article Link). Apparently, J&J owns the trademark of a greek red cross in conncection with health care services. J&J had licensed the cross mark to Posted on August 9, 2007 at 12:14 am by Shane Percival, Esq.
Rank This Week: 328

The Invent Blog

The Invent Blog

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

http://www.inventblog.com/patent/
  • Nov 20

    Firefox extension for cut/paste Westlaw/Lexis citations

    I rarely use Westlaw/Lexis, but the CiteGenie FireFox extension could be really useful for those of you whom do. As their website points out: Cutting and pasting when doing legal research using your browser is simple. But having to construct the citation for what you pasted is not so simple. This is especially true with legal citations from sources like Westlaw. You have to stop and copy the case name separately, determine the pinpoint page numbers, and adjust the date and court name format. So... Posted on November 20, 2009 at 08:42 am by nipper
  • Nov 18

    Google adds free legal case law research

    Via this article: Free Legal Research by Google & What It Means : My Shingle, Google has released the ability to search case law for free, including state case law. UNREAL. To test it out, use this URL: [scholar.google.com]. Scroll towards the bottom to select "Legal opinions and journals." This day was probably something the "other" case law providers have dreaded for a while (ergo why they have spent so many resources diversifying their offerings beyond just case law&#xe2€&#xa6). UPDATE. See... Posted on November 18, 2009 at 07:16 am by nipper
  • Nov 16

    Wikis and Law Firms

    Some useful articles/posts on wikis and law firms: Law Practice Today :: Using Wiki Technology to Streamline Information Sharing and Document Management Tasks Slaw: Wikis and KM at Law Firms CNNMoney.com::Boosting teamwork with wikis Wikis in Knowledge Management at Law Firms - Part One: ThoughtFarmer Example Wikis in Knowledge Management at Law Firms - Part Two: Sharepoint Example Wikis for the Legal Profession (Dennis Kennedy & Tom Mighell) Wikis at the Rosen Law Firm Book recommendation:... Posted on November 16, 2009 at 07:49 am by nipper
Rank This Week: 333

MassLawBlog.Com

MassLawBlog.Com

Covers IP, business litigation, Internet Law, antitrust and practice in the Massachusetts state and federal courts. By Lee Gesmer.

http://www.masslawblog.com
  • Jun 11

    “STOP PUTTING CLAUSES INTO YOUR CONTRACTS THAT SAY YOU CAN AMEND THE CONTRACT AT ANY TIME IN YOUR SOLE DISCRETION BY POSTING THE REVISED TERMS TO THE WEBSITE” . . .

    &#xe2€&#xa6 says Professor Eric Goldman, in his apologetically belated comments on Harris v. Blockbuster Inc., (N.D. Tex. April 15, 2009). I discussed this case briefly in April, shortly after the decision was published. To reprise, the court held that an arbitration clause in Blockbuster's online t's and c's was unenforceable because Blockbuster was permitted to unilaterally amend the contract without notice. Prof. Goldman's take on it (in addition to the title of this post), is - This language has a... Posted on June 11, 2009 at 05:23 am by Lee.Gesmer
  • Jun 9

    Google’s Antitrust “Charm Offensive” and Consumer Watchdog.Org’s Response

    Surely, Google doesn't want to go through what so many dominant companies in the U.S. have had to suffer - government antitrust scrutiny, in the form of merger/joint venture challenges and even, God forbid, a Microsoft-like monopolization suit. For better or worse, intensive antitrust scrutiny is the price of success in the U.S., and while it can't be avoided altogether, perhaps it can be minimized. Or so Google hopes. To that end, Google has made available a webinar entitled "Google,... Posted on June 9, 2009 at 04:58 am by Lee.Gesmer
  • Jun 8

    “No, You May Not Buy a Judge,” Supreme Court Rules

    "Turn it over, and turn it over, for all is therein." The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935), quoted in Justice Scalia's dissent in Caperton v. A.T. Massey Coal Co. ------ In mid-March I wrote a post about the decision facing the Supreme Court in Caperton v. A.T. Massey Coal Co. The issue was whether a state court judge's failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due... Posted on June 8, 2009 at 10:09 am by Lee.Gesmer
Rank This Week: 352

Patent Arcade

Patent Arcade

Covers video game IP law. By Ross Dannenberg.

http://www.patentarcade.com
  • Oct 22

    Checkmate for Innovention?

    Innovention Toys LLC ("Innovention") previously filed suit against MGA Entertainment Inc., Wal-Mart Stores Inc. and Toys R Us Inc. for allegedly infringing U.S. Patent No. 7,264,242, ("the '242 patent") entitled "Light Reflecting Board Game." As summarized by Judge Martin Feldman in his recent order, the '242 patent is directed towards a "chess-like board game in which opposing players shoot a laser beam at mirrored game pieces in order to reflect the beam in an attempt to strike (and thus... Posted on October 22, 2009 at 06:24 am by Shawn Gorman (Gamertag: pbot1)
  • Oct 20

    Back on Stage in the Guitar Hero/Gibson Suit?

    Harmonix Music Systems, Inc., along with a host of game retailers, is asking a court in Tennessee to resume proceedings in a patent suit brought by Gibson Guitar Corporation over the "Guitar Hero" line of video games. The suit was filed by Gibson in 2008, and alleged that the Guitar Hero games infringed U.S. Patent No. 5,990,405, entitled "System and Method for Generating and Controlling a Simulated Musical Concert Experience." The claims in the patent were generally directed to simulating... Posted on October 20, 2009 at 06:42 am by Steve Chang (Gamertag: BookEmDano 5 0)
  • Oct 10

    Copyright in Screen Shots - Sony v. Bleem (9th Cir. 2000)

    Sony Computer Entertainment America v. Bleem, LLC 214 F.3d 1022 (9th Cir. 2000) Background Bleem marketed a software emulator that allowed users to play Sony Playstation games on their personal computers. Bleem's emulator appealed both to gamers who did not want to buy a Playstation console and to those who sought the enhanced graphics and higher resolution offered by PC graphics cards. The program was written and marketed by two men who reverse-engineered the code in the Playstation's... Posted on October 10, 2009 at 02:46 am by Patent Arcade Staff
Rank This Week: 378

Chilling Effects Clearinghouse...

Chilling Effects Clearinghouse Notices

Features copyright, patent, trademark and trade secret cease and desist notices.

http://www.chillingeffects.org
Rank This Week: 384

Patent Baristas

Patent Baristas

Offers bio/pharma patent news. By Stephen R. Albainy-Jenei, Karlyn Schnapp and Nicole Tepe.

http://www.patentbaristas.com/
  • Nov 18

    UK High Court: Get Your Ducks in a Row for Entitlement of Patent Priority

    In a case highlighting the importance of ensuring a correct chain of title when filing a patent application, the UK High Court addressed the issues of loss of priority due to an incomplete assignment, as well as the credibility of expert witnesses. In particular, it is important to transfer rights to interests initially owned by consultant inventors as soon as possible - especially before the declaration in respect of the claim to priority needs to be made, i.e., within 12 months of the date of... Posted on November 18, 2009 at 06:36 pm by Stephen Albainy-Jenei
  • Nov 16

    Book Review Monday: Intellectual Property Rights and the Life Science Industries

    I aim to shed light on the extent to which advance in the life sciences was directed by the profit motive and the availability of the patent system &#xe2€&#xa6 and on the ways that the patent 'institution' evolved in response to science and to interest groups, mainly business ones, but also legal practitioners associated with business. ~ Graham Dutfield In Intellectual Property Rights and the Life Science Industries: Past, Present and Future, Graham Dutfield presents a perspective on how we got to... Posted on November 16, 2009 at 02:42 pm by Stephen Albainy-Jenei
  • Nov 13

    Friday IP Round-Up: Time Travel Edition

    Does Patent Reform Need Congressional Action? The Coalition for Patent Fairness (CPF) has put out a memo trying to debunk what it sees as the myth that patent reform no longer requires congressional action. From CPF: "The Court's ability to effect needed changes is limited because it is restricted by the language Congress enacted more than 50 years ago. Only Congress has the authority and the responsibility to ensure that our patent system is meeting the needs of the 21st century economy and... Posted on November 13, 2009 at 01:31 pm by Stephen Albainy-Jenei
Rank This Week: 385

Counterfeit Chic

Counterfeit Chic

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

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

    Uniformly Detested, But Legal

    In today's New York Times, the Ethicist takes on the question of whether it is OK to charge employees for their "invariably ugly" uniforms. Unfortunately, his analysis goes a bit too far and gets the law wrong. While Counterfeit Chic won't quibble with the conclusion that requiring workers to pay for hideous hats and horrible polyester shorts adds insult to injury, it is nevertheless usually legal. Under the federal regulations implementing the Fair Labor Standards Act, employers may require... Posted on April 26, 2009 at 05:24 pm
  • Apr 24

    DVF Does the Right Thing

    For hardcore fashion pirates, copying is just a business method -- where the law lets them get away with it. But what happens when an otherwise creative designer finds that she's inadvertently plagiarized a little-known label? CFDA President and designer extraordinaire Diane von Furstenberg was "horrified" to learn this morning that her "Zaria" jacket for spring 2009 (right) bears a strong resemblance to a spring 2008 look from the indie Canadian label Mercy (left) -- and she lost no time in... Posted on April 24, 2009 at 10:50 am
  • Apr 23

    Battle of the Baggy Pants, Part 2

    After a judge found a Florida town's ban on underwear-revealing saggy pants unconstitutional as applied, opponents of the law vowed to overturn the ordinance entirely on 14th Amendment grounds. Yesterday, a judge agreed -- and Riviera Beach's residents are now free to droop trou. (OK, go ahead and groan.) For a discussion of the earlier case -- and its cultural subtext -- click here. Posted on April 23, 2009 at 10:47 am
Rank This Week: 392

Technology Law Update

Technology Law Update

Covers judicial opinions and other developments in intellectual property, technology and media law. From Brown Raysman Millstein Felder & Steiner LLP.

http://brownraysman.typepad.com/technology_law_update/
Rank This Week: 394

IP Blawg

IP Blawg

Covers copyright, life sciences, patent, trademark and trade secrets. By Farella Braun + Martel.

http://iplaw.blogs.com/content/
  • Dec 31

    Federal Circuit's New Decision - In re Tech Decision

    On December 29, 2008, the United States Federal Circuit Court of Appeals issued the extraordinary remedy of a writ of mandamus in In re TS Tech USA Corp. et al. ("TS Tech USA") (Misc. Dkt. No. 888) to reverse the denial of a motion to transfer a patent infringement action from the Eastern District of Texas to the Southern District of Ohio. The decision is significant in that the Federal Circuit's ruling weakens several of the arguments that have previously been used by plaintiffs to oppose... Posted on December 31, 2008 at 09:48 am by David Bruns
  • Dec 23

    January ABA IP Roundtable

    Not Just for Hackers Anymore? Use of the Computer Fraud and Abuse Act to Respond to Theft of Information. January 21st - San Francisco location: Farella Braun + Martel January 22nd - Silicon Valley location: Garden Court Hotel, Palo Alto Information and registration at www.fbm.com/ABAIPRT A disgruntled departing employee can access computer infrastructure and copy or erase valuable files, resulting in devastating financial losses and significant disruption to a company's overall operations. In... Posted on December 23, 2008 at 10:00 pm by David Bruns
  • Dec 11

    Intellectual Property Litigation Database Launched by Stanford University

    With much fanfare, the Stanford Law School Intellectual Property Litigation Clearinghouse ("IPLC") was launched on December 1. The IPLC is a searchable online database that provides statistical information on patent lawsuit filings and outcomes since 2000. The database also includes copyright and trademark suits, although there is not yet statistical information available on those types of cases, and will in the future include trade secret filings. While still very much a work in progress, the... Posted on December 11, 2008 at 09:30 pm by David Bruns
Rank This Week: 426

Filewrapper.com

Filewrapper.com

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

http://www.Filewrapper.com/index.cfm
  • Nov 11

    Highlights from oral arguments in Bilski v. Kappos

    On Monday, the Supreme Court heard oral argument in Bilski v. Kappos in an effort to determine the proper test to be applied to determine whether a claim is patentable subject matter under &#xc2&#xa7 101. The oral argument transcript is available from the Court's website here. Click below for our thoughts on the arguments and some of the more interesting quotes from the Justices' questioning. [More] Posted on November 11, 2009 at 11:49 am
  • Oct 26

    Fourth Circuit: Plagiarism detection service is fair use of students' copyrighted papers

    In a recent decision by the Court of Appeals for the Fourth Circuit, the court decided that the anti-plagiarism service provided by iParadigms at turnitin.com, did not constitute copyright infringement of high school students' papers submitted via the service. Instead, the court held the service was a fair use of the copyrighted works and therefore not infringement under &#xc2&#xa7 107. However, the court reversed and remanded to a district court on the issue against a student for liability under the... Posted on October 26, 2009 at 12:27 pm
  • Oct 20

    En banc Federal Circuit to address potential patent misuse issues in license practices

    The Federal Circuit has agreed to hear en banc an interesting issue with regard to the potential for patent misuse in licensing. The case is Princo Corp. v. ITC. At issue is the patent pool related to the technology used for CD-R and CD-RW discs. The alleged infringer, Princo, admitted infringement before the ITC, but asserted the patents unenforceable due to patent misuse. The ITC originally rejected this defense, but a divided panel of the Federal Circuit held additional factual... Posted on October 20, 2009 at 02:42 pm
Rank This Week: 433

Fair Use Blog

Fair Use Blog

Covers the crossroads between First Amendment rights and intellectual property rights. By Blackwell Sanders.

http://fairuse.blackwellsanders.com/
  • Nov 2

    Now For Something Completely Different: Mattel Licenses "Barbie Girl" From Aqua

    A commercial that played this Halloween promoting a new line of Barbie Fashionista dolls reminded me of an earlier blog post in which I wrote about some of the legal lessons learned from Barbie. One of those lessons involved the parody of Barbie in the song "Barbie Girl" by the group Aqua to which Mattel did not take kindly and sued. In 2002, the Ninth Circuit ruled against Mattel in an opinion written by Judge Kozinski and in the process, helped shape the contours of the First Amendment and... Posted on November 2, 2009 at 03:26 am
  • Oct 17

    A Stunning Confession Potentially Destroys Fairey's Fair Use Defense

    Despite depictions in TV shows and the movies, most court cases do not involve dramatic confessions, cover ups and Presidential politics. Of course, most court cases don't involve Stephen Fairey. From pasting the Obey Giant (now his Twitter name) and other "Obey" posters on public property (much to the ire of city officials around the country) to talking smack with the Associated Press over the Presidential candidate Obama Hope poster, he seems to seek and thrive on controversey. But the... Posted on October 17, 2009 at 01:34 am
  • Sep 3

    Fraud On The Patent And Trademark Office Isn't What It Used To Be: In re Bose Corp.

    With the stroke of a quill pen pulled from their cap or with the tap of a keyboard, the Federal Circuit may have relegated an intensely litigated and debated line of fraud cases to the ancient history books. Likewise, it may yet send the stock price of Novartis, makers of Maalox, downward. More on stock prices and Maalox later . . . . Starting with the seminal case, Medinol Ltd. v. Neuro Vasx, the Trademark Trial and Appeal Board has held that the trademark applicant or registrant commits fraud... Posted on September 3, 2009 at 06:00 am
Rank This Week: 434

The University of Chicago Law...

The University of Chicago Law School Faculty Blog

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

http://uchicagolaw.typepad.com/faculty/
  • Nov 21

    Student Blogger - Fall WIP: Daniel Chen and the Effect of Sexual Harassment Law on Gender Inequality

    Scholars, particularly economists, are of two minds when it comes to employment regulations aimed at protecting vulnerable groups. The goal behind these laws, of course, is to equalize the status of groups seen as vulnerable to economic discrimination, such as women or the disabled. One prominent position amongst economists, however, is that these policies often are counterproductive, raising the cost of employing the relevant groups and thus imposing unneeded costs upon them. In a new paper... Posted on November 21, 2009 at 02:07 pm by David Schraub
  • Nov 20

    Audio: Epstein on Bilski

    Continuing with today's Epstein/Fed Soc theme, the Federalist Society has posted a recording of Prof. Epstein discussing Bilski v. Kappos. The SCOTUS heard oral argument in the case on November 9. According to the Fed Soc site, The issue in this case is whether a "process" must be tied to a particular machine or apparatus or transform a particular article into a different state or thing in order to be eligible for patenting under 35 U.S.C. &#xc2&#xa7 101. You can download the podcast here. Posted on November 20, 2009 at 08:23 am by UChicagoLaw
  • Nov 20

    Video: Richard Epstein on the Redistribution of Wealth

    Over on the Federalist Society's YouTube Channel, they've posted an 11-part series entitled "Redistribution of Wealth," recorded at the 2009 National Lawyers Convention on Thursday, November 12, 2009. Our own Richard Epstein was one of the discussants. Other participants included Steve Forbes, Chairman and CEO of Forbes Inc. and Editor of Forbes Magazine; Prof. Jed Rubenfeld of Yale Law School; Andrew L. Stern, President of the Service Employees International Union; and Judge J. Harvie... Posted on November 20, 2009 at 08:00 am by UChicagoLaw
Rank This Week: 448

TechnoLlama

TechnoLlama

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

http://technollama.blogspot.com/index.html
  • Nov 20

    Digital Economy Bill and orphan works

    So, the Digital Economy Bill has been unleashed upon an unsuspecting public (if we exclude the twittering and blogging classes of course). The Bill is already being scrutinised by various parties, and the veredict seems to be worrying, as it implements three strikes disconnection, as well as other seemingly abusive provisions. I will be going through it in more detail in the next couple of days, but initially I was pleasantly surprised to find that the bill contains a section related to orphan... Posted on November 20, 2009 at 09:42 am by Andres
  • Nov 19

    Queen announces disconnection for file-sharing

    As anticipated, Her Majesty the Queen has announced the implementation of measures against file-sharers, including notices and disconnection. The measures will be part of the Digital Economy Bill, which also proposes tougher classification for video games, and new powers to Ofcom regarding local news services. While the Bill's text is not yet available, Parliament has published both an outline of the Bill's contents, and how the plan fits into the government's legislative strategy for the next... Posted on November 19, 2009 at 01:14 am by Andres
  • Nov 18

    Academia v Business

    And while we are talking about academic life, here is the latest xkcd: Posted on November 18, 2009 at 06:17 am by Andres
Rank This Week: 451

InternetCases.com

InternetCases.com

Legal developments involving the Internet and new technologies. Published by Evan Brown of Hinshaw & Culbertson LLP.

http://www.internetcases.com/
  • Sep 11

    Do Twitter’s new terms of service forsake third party developers?

    Twitter announced its new Terms of Service yesterday. One big issue deals with copyright ownership. This is one of the perennial questions in the law of social media: "who owns the user-created content?" Twitter nods to this issue when it states that "Twitter is allowed to 'use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute' your tweets because that's what we do. However, they are your tweets and they belong to you." That's all well and good. And by not... Posted on September 11, 2009 at 09:43 am by Evan Brown
  • Sep 11

    Remembering

    Posted on September 11, 2009 at 05:42 am by Evan Brown
  • Aug 31

    Email snooping can be intrusion upon seclusion

    Analysis could also affect liability of enterprises using cloud computing technologies. Steinbach v. Village of Forest Park, No. 06-4215, 2009 WL 2605283 (N.D. Ill. Aug. 25, 2009) Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival. Steinbach... Posted on August 31, 2009 at 08:23 am by Evan Brown
Rank This Week: 485

IP Law Observer

IP Law Observer

Covers patent, copyright, trademark, trade secret and privacy law. By Folger Levin & Kahn.

http://www.iplawobserver.com
  • Sep 30

    Failure to Provide Detailed Expert Analysis of Hypothetical Royalty Negotiations Causes Reversal of Damages Award Against Microsoft

    Case: Lucent v. Gateway, Dell and Microsoft, Fed Cir. No. 08-1485 (9/11/09) The One Sentence Summary: Lump sum reasonable royalty damages award was not supported by evidence where plaintiff's expert analysis had flaws including not using comparable licenses, and not addressing the small contribution that the patented date picker function made to the success of Microsoft's Outlook program. What They Were Fighting About: Microsoft appealed a patent infringement damages award for $357,693,056.18.... Posted on September 30, 2009 at 03:23 pm
  • Sep 30

    Price Disclosed By Plaintiff to Customer Without Obligation of Confidentiality Was Not Plaintiff's Trade Secret

    Case: Southwest Stainless, LP v. Sappington, 10th Cir. No. 08-5127 (9/21/09) The One Sentence Summary: The panel affirmed damage and injunction awards in a case to enforce non-compete agreements under Oklahoma law, but reversed a trade secret finding based upon disclosure of a price to a customer without obligations not to disclose the price. What They Were Fighting About: In an action to enforce non-competition agreements against former employees, there was a verdict for plaintiffs on trade... Posted on September 30, 2009 at 02:53 pm
  • Sep 28

    Corporate Reorganization Caused Breach of Non-Transfer Provision of Software License

    Case: Cincom Sys., Inc. v. Novelis Corp., Sixth Cir. No. 07-4142 (9/25/09) The One Sentence Summary: Corporate reorganization of licensee caused a transfer of copyright license that was prohibited by express terms of license and by federal common law. Posted on September 28, 2009 at 05:13 pm
Rank This Week: 503

IMPACT&#xc2&#xae Intellectual property and...

IMPACT® Intellectual property and IT law blog

Covers intellectual property, information technology, data protection and freedom of information from a UK perspective. Published by the Intellectual Property and Technology team at UK law firm Freeth Cartwright LLP.

http://impact.freethcartwright.com/
  • Oct 16

    Facebook Firsht

    Creation of a fake profile on Facebook - the popular social networking website - by a former school friend has resulted in an award of &#xc2&#xa322,000 in damages to businessman Matthew Firsht and his company, Applause Store Productions. The case illustrates how a determined claimant can prove the source of internet posts. Background In July 2007 Mr Firsht, the claimant, discovered that somebody had set up a Facebook profile in his name. The profile contained a mixture of true and false private... Posted on October 16, 2008 at 05:54 pm by Ann
  • Oct 16

    Police powers to gather phone and email data.

    The Government hasn't exactly had the best record of late when it comes to the way in which it handles personal data. It was in November 2007 that the Chancellor Alastair Darling revealed that two unencrypted CD's containing the personal details of 25 million child benefit claimants and their parents had gone missing. Only a month later the Transport Secretary Ruth Kelly reported that the details of 3 million learner drivers were lost when the hard drive on which they were recorded was... Posted on October 16, 2008 at 05:49 pm by Ann
  • Oct 6

    GOOGLE REFUSES TO SUBMIT TO EUROPE???S DATA PROTECTION REGIME:

    The Article 29 Workers Party has stated recently that Google considers that the European law on data protection is not applicable to itself, even though Google has servers and establishments in . It also asserts that Google wishes to retain personal data of users beyond the 6 months period requested by the Article 29 Working Party, without any justification. The dispute centres on records of user's search queries. Google keeps these and uses them, it says, to improve the quality of search... Posted on October 6, 2008 at 03:27 pm by Ann
Rank This Week: 508

IP Legal Lounge

IP Legal Lounge

Reviews state and federal court decisions within the Seventh Circuit pertaining to trademarks, copyrights, trade secrets, unfair competition, Internet law, and related areas. By Boris Umansky.

http://www.IPLegalLounge.com/blog/
  • Apr 28

    INTA Annual Meeting In Full Swing

    This weekend marks the beginning of the 129th Annual Meeting of the International Trademark Association. My hometown of Chicago is pleased and privileged to host this year's meeting. Welcome to everyone in attendance, and I hope that you enjoy your stay in the Windy City. As an aside, Meet the Bloggers III will take place on Monday, April 30th starting at 7:30 p.m. at the Billy Goat Tavern, 430 N. Michigan Avenue. More information can be found at The TTABlog. I plan to attend and hope to see... Posted on April 28, 2007 at 09:16 pm by Boris
  • Apr 1

    Seventh Circuit Finds Particular Expression Of Farting Plush Doll Protected By Copyright And Other Party's Copying Of Numerous Features Is Thus Copyright Infringement

    We've all seen it on Beavis & Butt-Head, South Park, or The Simpsons. Some of us even participated in the childish prank in our more juvenile days. Yet how many of us ever thought that the phrase "pull my finger" would one day become the topic of a United States Court of Appeals case? This is precisely what happened when a manufacturer of a farting plush doll took issue with another company's production of a similar looking doll. As the Seventh Circuit eloquently put it, "Somewhat to our... Posted on April 1, 2007 at 08:56 pm by Boris
  • Mar 18

    Beanie Babies Trademark Infringement Case Found To Be "Exceptional" For Purpose Of Attorney Fees Award

    Ty, Inc., creator of the popular "Beanie Babies" plush toys, prevailed on a trademark infringement and unfair competition claim against two defendants, and moved for attorneys' fees based on the contention that this was an "exceptional case." The Lanham Act provides that the "court in exceptional cases may award reasonable attorney fees to the prevailing party." The general rule is that each party to a trademark infringement suit is responsible for its own fees. However, fee-shifting is... Posted on March 18, 2007 at 09:36 pm by Boris
Rank This Week: 510

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/
  • Nov 6

    7th Circuit Case Should Serve As A Reminder To Business Attorneys

    by Scott Hervey Recently the 7th Circuit in Sunstar, Inc. v. Alberto-Culver Company provided a reminder to attorneys engaging in a business transaction between domestic and a foreign parties. Stated plainly, the 7th Circuit reminded business attorneys that if a term is included in a transaction document - especially if that term is a foreign word - be sure you understand what it means. This case presented the question of how a foreign legal term included in a trademark license agreement should... Posted on November 6, 2009 at 03:42 pm
  • Oct 23

    Patent Enablement Requires More Than a Guess

    By Audrey Millemann One of the requirements for obtaining a patent is enablement. As set forth in 35 U.S.C. &#xc2&#xa7112, &#xc2&#xb61, the specification of the patent must teach a person skilled in the art how to make and use the invention without undue experimentation. The enablement requirement must be satisfied at the time the patent application is filed for each claim. If a claim in a patent is not enabled, it is invalid. In In re '318 Patent Infringement Litigation (Janssen Pharmaceutica N.V. v. Teva... Posted on October 23, 2009 at 04:12 pm
  • Oct 16

    The First Circuit Takes a Novel View of the Attorney Work Product Privilege

    by Dale C. Campbell, David Muradyan* and Sara Davidson* Is the work product of an attorney always protected? No, according to the First Circuit in a decision which may draw the attention of the U. S. Supreme Court. The First Circuit, sitting en banc (the "Court") ruled that the attorney work product doctrine did not protect tax accrual work papers prepared by in-house attorneys to support defendant Textron Inc.'s ("Textron") calculation of tax reserves. United States v. Textron Inc., 577 F.3d... Posted on October 16, 2009 at 09:20 am
Rank This Week: 534

IP Dragon

IP Dragon

Covers intellectual property in China.

http://ipdragon.blogspot.com
  • Nov 11

    Push Up the Plagiarism: It's a Photo, No ... It's a Painting

    Joel Martinsen of the great site about Chinese media, advertising, urban life and many more fascinating subjects, Danwei.org, has a great blog about 'Painted plagiarism of push-up photograph' read here. Posted on November 11, 2009 at 12:35 am by IP Dragon
  • Nov 9

    R&D in China: No Genuine Research, Only Development Thanks to Poor Execution IPR Laws

    New Europe reports about EU firms' enthusiasm about China's market prospects and their concern about the execution of the IPR laws in China. " "China's intellectual property laws are not bad. The problem is their implementation," [EU's Chamber of Commerce in China (EUCCC) President Joerg] Wuttke said. One result of the poor execution of IPR laws is that companies don't conduct "genuine" research and development in China, he said. "Companies build R&D centers, but the focus is on... Posted on November 9, 2009 at 07:53 am by IP Dragon
  • Nov 9

    Promotion and Protection of China's Culture: Hard Copyright For Soft Power

    In The Economist special report on China and the US called 'Overkill' where the author James Miles postulates the opinion that China is piling up more weapons than it appears to need, Mr Miles also writes about the need for China to develop its soft power: "Soft power was mentioned for the first time by a Chinese leader in public in 2007. Culture, said Mr Hu [Jintao, China's president IP Dragon] (oblivious, it seemed, of the cold-war overtones of his remarks), was of growing significance in the... Posted on November 9, 2009 at 02:40 am by IP Dragon
Rank This Week: 572

Texas Non-Compete Law Blog

Texas Non-Compete Law Blog

Covers breach of fiduciary duty, non-compete agreements, trade secrets and tortious interference. By Hughes & Luce.

http://blog.texasnoncompetelaw.com/
  • May 16

    Dallas Noncompete Attorney: Texas Supreme Court Makes Agreements Easier to Enforce

    The Texas Supreme Court recently made it even easier to enforce noncompete agreements. Ever since the court's opinion in the Sheshunoff case, it has been an open question whether, to be enforceable, a noncompete agreement must contain an explicit promise by the employer to provide confidential information to the employee. In Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 52 Tex. Sup. J. 616 (Tex. April 17, 2009), the court answered this question, and held that the employer's... Posted on May 16, 2009 at 07:35 am
  • Mar 23

    Non-solicitation provisions must bear relation to employees' activities

    A recurring issue in employee mobility cases is the extent to which a non-solicitation provision in an employment contract is enforceable. Typically, an employment agreement will contain a provision prohibiting post-employment competition, provisions prohibiting post-employment solicitation of customers and/or employees, or both. It's not uncommon for a provision prohibiting solicitation of employees to apply to all of the employer's employees. However, several Texas cases, including a recent... Posted on March 23, 2009 at 08:00 am
  • Dec 22

    Texas Non-Compete Agreements: Is A Promise to Provide Confidential Information Required Anymore?

    A recurring issue in non-compete cases involves how definite the employer's promise to provide confidential information must be for the agreement to be enforceable. Historically, disputes have focused on whether an explicit promise to provide the information was required, or whether an implied promise (e.g., language in which the employee "acknowledged" that he would receive information) was sufficient. In a recent case from the United States Court of Appeals for the Fifth Circuit, the court... Posted on December 22, 2008 at 02:23 pm
Rank This Week: 597

Pierce Law IP News Blog

Pierce Law IP News Blog

Covers intellectual property law, commerce and technology. By Franklin Pierce Law Center.

http://ipnewsblog.com
  • Sep 17

    The Game and Timbaland Sued…

    Warning: preg_replace_callback() [function.preg-replace-callback]: Unknown modifier '|' in /home/ipnews/public_html/wp-content/plugins/markdown.php on line 826 Posted on September 17, 2007 at 02:37 pm by Jeremiah
  • Sep 17

    Prince sueing to set a precedent.

    Warning: preg_replace_callback() [function.preg-replace-callback]: Unknown modifier '|' in /home/ipnews/public_html/wp-content/plugins/markdown.php on line 826 Posted on September 17, 2007 at 02:18 pm by Jeremiah
  • Sep 10

    Universal files a copyright suit

    Warning: preg_replace_callback() [function.preg-replace-callback]: Unknown modifier '|' in /home/ipnews/public_html/wp-content/plugins/markdown.php on line 826 Posted on September 10, 2007 at 01:39 pm by Jeremiah
Rank This Week: 598

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 Computer Science and Public Affairs Professor Ed Felten

http://www.freedom-to-tinker.com
  • Nov 23

    Inaccurate Copyright Enforcement: Questionable "best" practices and BitTorrent specification flaws

    /**/ [Today we welcome my Princeton Computer Science colleague Mike Freedman. Mike's research areas include computer systems, network software, and security. He writes a technical blog about these topics at the Princeton S* Network Systems -- required reading for serious systems geeks like me. -- Ed Felten] In the past few weeks, Ed has been writing about targeted and inaccurate copyright enforcement. While it may be difficult to quantify the actual extent of inaccurate claims, we can at least... Posted on November 23, 2009 at 05:45 am by Mike Freedman
  • Nov 16

    Robots and the Law

    Stanford Law School held a panel Thursday on "Legal Challenges in an Age of Robotics". I happened to be in town so I dropped by and heard an interesting discussion. Here's the official announcement: Once relegated to factories and fiction, robots are rapidly entering the mainstream. Advances in artificial intelligence translate into ever-broadening functionality and autonomy. Recent years have seen an explosion in the use of robotics in warfare, medicine, and exploration. Industry analysts and... Posted on November 16, 2009 at 09:29 am by Ed Felten
  • Nov 12

    Targeted Copyright Enforcement vs. Inaccurate Enforcement

    Let's continue our discussion about copyright enforcement against online infringers. I wrote last time about how targeted enforcement can deter many possible violators even if the enforcer can only punish a few violators. Clever targeting of enforcement can destroy the safety-in-numbers effect that might otherwise shelter a crowd of would-be violators. In the online copyright context, the implication is that large copyright owners might be able to use lawsuit threats to deter a huge population... Posted on November 12, 2009 at 11:22 am by Ed Felten
Rank This Week: 599

PlagiarismToday

PlagiarismToday

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

http://www.plagiarismtoday.com
  • Nov 20

    5 Copyright Verification Services Compared

    Last week I covered a new startup in the copyright verification field, Myows, which stands for "My Own Works" and even produced a short video about how to use the service. However, Myows is far from the only service that that is providing instant, unofficial verification of ownership of created works. The non-repudiation field has exploded in recent years. Gone are the days of expensive registries that rivaled the Copyright Office in price (while still being unofficial in nature) as now we have... Posted on November 20, 2009 at 10:33 am by Jonathan Bailey
  • Nov 20

    3 Count: Who’s Next?

    Got any suggestions for the 3 Count. Let me know via Twitter @plagiarismtoday. 1: Hollywood Takes OpenBitTorrent's ISP to Court First off today, now that The Pirate Bay's tracker has shut down, though in its case to force users to use decentralized methods of downloading, the movie studios have turned their attention to other prominent trackers including OpenBitTorrent, which has had its hosting company receive a lawsuit from the various movie studios. OpenBitTorrent is a different kind of... Posted on November 20, 2009 at 08:43 am by Jonathan Bailey
  • Nov 19

    3 Count: Sweeping Reform

    Got any suggestions for the 3 Count. Let me know via Twitter @plagiarismtoday. 1: Leaked UK government Plan to Create "Pirate Finder General" with Power to Appoint Militias, Create Laws First off today, Cory Doctorow is reporting on a leak he received from a previously reliable source within the UK government about upcoming proposed changes to the UK's Digital Economy Bill that is currently before Parliament. According to Doctorow and his source, the changes would create sweeping reforms to the... Posted on November 19, 2009 at 08:37 am by Jonathan Bailey
Rank This Week: 617

Current Trends in Copyright,...

Current Trends in Copyright, Trademark & Entertainment Law

By the Bennet Law Office.

http://ipandentertainmentlaw.wordpress.com
  • Nov 17

    Entertainment Law Update Podcast Episode 6

    by Tamera H. Bennett Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast. Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below. Noonan v. Staples - Jury: Truthful E-Mail Sent About Fired Staples Manager [...] Posted on November 17, 2009 at 09:34 am by ipandentertainmentlaw
  • Nov 12

    Cayman Crocs v. Cayman Porsche: Are You Confused?

    by Tamera H. Bennett Does a pair of plastic slip on shoes purchased for $29.99 bring to mind a luxury automobile priced at $51,000? Me neither. But, did you know Porsche is in the shoe business? Me Neither. The parent company for the Porsche auto-maker sued the maker of the slip on shoes in Germany in July [...] Posted on November 12, 2009 at 02:24 pm by ipandentertainmentlaw
  • Nov 6

    Music Attorney Tamera H. Bennett To Speak On Music Piracy Panel

    posted November 6, 2009 Texas based music lawyer Tamera H. Bennett will join music industry veterans, James Griffen, Kim Guggenheim, Jim Hillegass, Andrew Schuon, and Owen J. Sloane, Jr. , in Beverly Hills on November 19 to discuss "The Music Industry's Response to Piracy: Intervention or Innovation." Posted on November 6, 2009 at 01:43 pm by ipandentertainmentlaw
Rank This Week: 622

Furd Log

Furd Log

Covers intellectual property, technology, culture and policy. By Frank Field.

http://msl1.mit.edu/furdlog
  • Nov 9

    Gaming Regulation and Government Policy

    Chinese Agencies Struggle Over Video Game (pdf) On Monday, the Chinese General Administration of Press and Publication ordered the Shanghai-based operator of World of Warcraft, NetEase, to shut down its servers for World of Warcraft. The agency said that it had rejected the company's application to become the new host of the game's four million Chinese players. But by Wednesday, the Ministry of Culture had struck back. "In regards to the World of Warcraft incident, the General Administration of... Posted on November 9, 2009 at 04:32 am by admin
  • Oct 14

    “Ironies” — Riiiight

    Pair Plan Venture to Sell Music Subscriptions (pdf) But as CD sales continue to plummet, and the music industry searches for a profitable future, entrepreneurs with various approaches say they believe they can finally make music subscriptions work. Rdio is hoping to introduce a music subscription service by early next year that offers seamless access to music from both PCs and cellphones. The big challenge will be to get licenses from the major music labels, which have not viewed past digital... Posted on October 14, 2009 at 08:21 am by admin
  • Oct 13

    Of Course You Agreed To Participate!

    FBI delves into DMV photos in high-tech search for fugitives (pdf) The project in North Carolina has already helped apprehend at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong. "Everybody's participating, essentially, in a virtual lineup by getting a driver's license,'' said Christopher Calabrese, an attorney who focuses on... Posted on October 13, 2009 at 10:12 am by admin
Rank This Week: 628

Google Copyright Blog

Google Copyright Blog

Covers search engines and copyright issues.

http://googlecopyright.blogspot.com/
  • Nov 10

    The Limits of Google Gas

    Google at the pumpmay be a boon for drivers,but won't help this guy. Posted on November 10, 2007 at 01:36 am by Nick
  • Nov 2

    YouTube, Fair Use, and Automated Filters (Recent News)

    In October, YouTube finally unveiled its anti-piracy filter that it began testing over the summer. While the move can be seen as a response to both the Viacom lawsuit and as an appeasement to content partners, the parties in the Viacom and Premiere League lawsuits are unimpressed. Shortly after YouTube announced its filtering technology, an alliance of major media companies (CBS, Dailymation, Posted on November 2, 2007 at 03:30 am by Nick
  • Nov 1

    Viacom v. YouTube Discussion

    William wrote in to provide a link to a video of a symposium on the Viacom v. YouTube case, sponsored by Santa Clara High Tech Law Institute. The speakers (Fred von Lohman, Tyler Ochoa, Mindy Morton, and Jenny Lynn Cox) provide in depth coverage of the lawsuit, DMCA 512 and the state of the law in this area, and the policy questions raised by the suit. There's pretty much nothing that the group Posted on November 1, 2007 at 07:49 am by Nick
Rank This Week: 642

Law & Life: Silicon Valley

Law & Life: Silicon Valley

Covers intellectual property law, open source software, and technology. By Mark Radcliffe.

http://lawandlifesiliconvalley.com/blog/
  • Nov 15

    Microsoft and Windows: Lessons on Managing Open Source Software Use

    On Friday, Microsoft acknowledged that the code for the Windows 7 USB/DVD Download Tool improperly included GPLv2 licensed code and they did not comply with GPLv2. Like the GPLv2 licensed code found in the Linksys operating system, the software had been written by a consultant. Peter Galli's blog was very frank: we are now able to confirm this (inclusion of improperly licensed GPL v2 code) was indeed the case, although it was not intentional on our part. While we had contracted with a third... Posted on November 15, 2009 at 06:23 pm by Mark Radcliffe
  • Oct 27

    Most Influential People in Open Source

    Mindtouch recently named the Most Influential People in Open Source in their blog [www.mindtouch.com]. I think that it is a measure of the health of the industry that it is difficult to identify those people and it is always difficult to choose only five people. Mindtouch deserves the thanks of the industry for the survey and creating an excellent list (in the interest of full disclosure, I was named in the Honorable Mentions category, so how can I disagree?). However, I think that they should... Posted on October 27, 2009 at 02:43 pm by Mark Radcliffe
  • Oct 15

    GPLv2 is Not Legally Unsound, but It Has Challenges

    A recent article by the Register incorrectly stated that Karen Copenhaver and I thought that the GPLv2 was "legally unsound" in a recent Black Duck webinar. (you can listen to the webinar if you want to check for yourself [www.blackducksoftware.com]). The article has been changed by the author (apparently some unreviewed editing caused the problem) to read: "Two prominent IP lawyers have warned that the all-pervasive General Public License version 2 (GPLv2) contains legally ambiguous wording... Posted on October 15, 2009 at 01:48 pm by Mark Radcliffe
Rank This Week: 650

Patent Pending Blog - Patents and...

Patent Pending Blog - Patents and the History of Technology

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

http://patentpending.blogs.com/patent_pending_blog/
  • Nov 8

    Patent Pending Blog has Sister Blogs!

    The Patent Pending Blog has always had a lot of bicycling and outdoors posts, as well as posts on firearms, ancient technology, historical patents, motorcycle technology, and diverse other technologies. I have recently started a separate blog just for bicycle technology, and one just for outdoor technology. The other diverse fields of technology will continue to have postings on the Patent Pending blog, but bicycle technology will be featured at "Bicycle Technology and Patents":... Posted on November 8, 2009 at 07:10 pm by Robert Shaver
  • Nov 24

    Belt Drive Bike from 1890

    Here is an interesting belt drive bike from 1890. Posted on November 24, 2008 at 05:07 pm by Bob Shaver
  • Nov 3

    Arizona Whip Lighted Flagpole

    I have been looking for a way to light up the flagpole on my recumbent trike, and found a product that looked like it would work, the Arizona Whip. Jerry at arizonzawhips.com was very nice to work with, and I got it hooked up this past weekend. The whip is 5" tall, and is of clear lexan. Inside the clear tube are 24 LED lights, 12 facing forward and 12 facing backward. Each side has a red group, and a yellow group, and on one side the red and yellow groups of LEDs flash on alternately. Jerry... Posted on November 3, 2008 at 03:49 am by Bob Shaver
Rank This Week: 651

Copyright Litigation Blog

Copyright Litigation Blog

By Ray Dowd.

http://copyrightlitigation.blogspot.com/
  • Nov 1

    Second Annual Art Litigation and Dispute Resolution Institute at New York County Lawyers' Association on Nov 20

    Duchamps L.H.O.O.Q. 1919 Course begins Friday, November 20, 2009, 8:30 AM - 5:30 PM Additional Dates Thursday, November 19, 2009, 5:30 - 7:30 PM Member Price: $200 Non-Member Attorney Price: $250 Location: 14 Vesey Street, 2nd Floor Auditorium Credits: 9 MCLE Credits 9 MCLE Credits: 4 Ethics, 1 Skills, 4 Professional Practice; Transitional and Non-transitional Course Description: Join us for a full day event featuring unparalled panels of experts from the bench, bar, museums, art galleries,... Posted on November 1, 2009 at 07:10 am by Ray Dowd
  • Oct 1

    Judge Finds Egon Schiele's Portait of Wally to Be Stolen: Leopold To Go on Trial

    From Chief Judge Loretta Preska's 110-page decision dated 9/30/2009 in United States v. Portrait of Wally, A Painting by Egon Schiele: "As explained below, I find that abstention is not warranted, there is no genuine dispute that Wally was, and remains, stolen, and the Museum's laches defense and constitutional objections are without merit. The trier of fact must, however, determine whether Dr. Leopold, and hence the Museum, knew Wally was stolen when shipped into this country."Copyright... Posted on October 1, 2009 at 03:53 am by Ray Dowd
  • Sep 27

    Statutory Mergers Trigger Copyright Infringement: M&A Lawyers Beware!

    In Cincom Systems, Inc. v. Novelis Corp., --F.3d ---, 2009 WL 3048436 (6th Cir. Sept. 25, 2009), the Sixth Circuit found that a statutory merger not approved by a software licensor triggered a copyright infringement against the remaining entity, a subsidiary of Novelis (formerly Alcan Aluminum). State law encourages statutory mergers, which are often viewed by M&A lawyers as little more than internal housekeeping or tax planning. Statutory mergers are used for a variety of reasons and often... Posted on September 27, 2009 at 06:35 am by Ray Dowd
Rank This Week: 652

Biz-Media-Law Blog

Biz-Media-Law Blog

By Wahab & Medenica.

http://www.wrlawfirm.com/Blog/wrmbizipjournal.html
  • Dec 25

    I think even attorneys can safely agree...

    I think even attorneys can safely agree there are few things as tedious and by the numbers as serving legal papers on someone. In the US notice for legally binding instruments is fundamental, ancient, and sacrosanct. And few things in the law require as much religious devotion in practice. Hence in the US, most states have notice provisions that impose some kind of registered mail requirement. This approach is time honored for a reason. With American society moving from apple pie to sci-fi,... Posted on December 25, 2008 at 12:08 pm by Kaiser
  • Dec 23

    Is Your Credit Card Merchant PCI Compliant?

    For the would be ecommerce startup in this next round of net startups, sometimes PayPal isn't going to cut it for the "look and feel" of a pro. So you may want to take a look at the PCI Compliance Guide. This is a best practices and compliance guide that has been adopted in the US (and founded by the credit card bigwigs) for credit card merchant services. As with most of the major net battle fronts this was motivated by privacy and identity theft concerns. Hence when choosing a credit card... Posted on December 23, 2008 at 02:01 pm by Kaiser
  • Nov 27

    Facebook Apps Now Less Coy with Application Verification Program

    Facebook is a serious marketplace for brands looking to capitalize on the productivity lost by your employer, while you post your Monday bender pics at work. But let's face it, you're not going to fall for the ol' tell me about your product and its benefits routine. You want a new fangled, post-modern ad that nary bares a trademark, but cleverly enables you further mug the nation's GDP by wasting time in your cubicle. Enter the Facebook "app." These Facebook platform widgets are small footprint... Posted on November 27, 2008 at 02:13 pm by Kaiser
Rank This Week: 659

The Soft IP Blog

The Soft IP Blog

Covers soft IP, copyright, trademark and design patents. By Joel Rothman and Misha Kerr.

http://softipblog.com
  • Jul 18

    Tiffany & Co. loses to eBay

    The Southern District Court of New York this week ruled against the famous jeweler in favor eBay, the online marketplace, in Tiffany's suit for trademark infringement. Tiffany accused eBay of not being proactive enough in preventing sales of counterfeit Tiffany jewelry, specifically between 2003 to 2006. District Judge Richard Sullivan believed that the controvery at its bare bones centered on who bears the burden of policing Tiffany's valuable trademarks in Internet commerce. Determinitive to... Posted on July 18, 2008 at 11:41 pm by Misha
  • Jun 30

    French court to eBay: “Pay up for fake goods”

    A Parisian court today ruled against eBay in a suit brough by luxury brands, Louis Vuitton, Christian Dior, Guerlain, Kenzo and Givenchy ("LVMH"), for eBay's "negligence in allowing illegal copies of their goods to be sold in online auctions." Specifically, perfume and counterfeit handbags were at issue as LVMH argued that 90% of the Louis Vuitton bags and Dior perfume sold on eBay are fakes. "When counterfeits appear on our site we take them down swiftly, and today's ruling is not about our... Posted on June 30, 2008 at 10:01 pm by Misha
  • Jun 25

    Florida’s New Counterfeiting Bill

    During the 2008 Regular Session, Florida's House and Senate passed a bill re-organizing the provisions of ss.831.03 and 831.05, F.S., and created new statutory sections relating to counterfeiting based upon model legislation drafted by the U.S. Chamber of Commerce. Noteworthy provisions of the bill, as passed provide: 1. that proof of a person possessing more than 25 pieces of property that bear a counterfeit mark gives rise to an inference that such property is being possessed with an intent... Posted on June 25, 2008 at 06:35 pm by Misha
Rank This Week: 660

Arborlaw Blog

Arborlaw Blog

Provides business and intellectual law commentary for entrepreneurs and small business. From Arborlaw PLC.

http://arborlaw.biz/blog/
  • Oct 20

    EMU Copy Shop Held Liable for Students Copying Course Packs

    The federal District Court for the Eastern District of Michigan found on Wednesday that an Ypsilanti, MI copy shop was directly liable (as opposed to contributorily liable) for copyright infringement, by allowing students to copy course packs on its own photocopy machines. Blackwell Publishing Group, Inc. v. Excel Research Group, LLC (Docket No. 07-12731, ED Mich, October 14, 2009)[PDF]. The Court in Blackwell found that because Excel maintained a 'master' of the course pack, gave it to a... Posted on October 20, 2009 at 07:21 am by Arborlaw
  • Sep 24

    ReadTheBill.org: House Resolution 554 Would Require Bills To Be Posted 72 Hours Prior To Debate

    H. Res. 554 is a bill sponsored by one Republican and one Democrat and would require that all non-emergency proposed federal legislation be posted 72 hours on the Internet, prior to any Congressional debate. As I have been saying to clients for years, don't sign contracts without reading them - and it certainly makes sense that your elected representatives should not vote on legislation that they haven't had an opportunity to read. If this makes sense to you, take a moment to contact your... Posted on September 24, 2009 at 12:13 pm by Arborlaw
  • Sep 24

    Happy National Punctuation Day!

    It's National Punctuation Day - make sure you properly use as many commas, quotation marks, semicolons and exclamation marks as you can. (There is some controversy as to whether that double-dash counts. It's the "black sheep" of punctuation. I think it's more readable.) Copyright &#xc2&#xa9 2009 a r b o r l a w. This Feed is for personal non-commercial use only. If you are not reading this material in your news aggregator, the site you are looking at is guilty of copyright infringement. Please contact... Posted on September 24, 2009 at 10:25 am by Arborlaw
Rank This Week: 684

Idea Lawyer Blog

Idea Lawyer Blog

Covers business, inventions, music, intellectual property and tech initiatives. By the Neville Law Group.

http://www.idealawyerblog.com/
  • May 19

    Wolfram Alpha !!!!

    [www.wolframalpha.com] Great fun - watched the video - many new ways to create the illusion of knowing by rearranging data..... Without detracting in the slightest from the genuine accomplishment of WA, I here repeat my concern that proper critical thinking skills must be taught and practiced. For example, does the average citizen differentiate causality from correlation from co-incidence? Too much psuedo-science popular press depends on the non-appreciation of the distinctions in order to make... Posted on May 19, 2009 at 10:08 am by Deborah Neville
  • May 14

    FEMA TRAILER Evictions? (speaking of off the grid)

    [www.upi.com] Posted on May 14, 2009 at 09:42 am by Deborah Neville
  • May 14

    Off- the- Grid Green Airstream!

    [www.jetsongreen.com] Posted on May 14, 2009 at 09:37 am by Deborah Neville
Rank This Week: 689

Guiding Rights Blog

Guiding Rights Blog

Covers trademarks, copyright and the Internet. By Mark V.B. Partridge.

http://guidingrights.blogcollective.com/blog
  • Nov 20

    Will ICANN Protect IP Rights?

    ICANN is in the middle of plans for launching new gTLDs. I'm serving on a team called the STI to consider mechanisms to protect IP rights. These are important issues - Overarching Issues, ICANN calls it - which create a lot of interest and controversy. ICANN's public face provides assurance to brand owners. A September 22, 2009 letter to the House Committee on the Judiciary states: "ICANN will, to the extent possible, protect trademark holders from abusive registrations and from the need for... Posted on November 20, 2009 at 02:42 pm by Mark VB Partridge
  • Nov 7

    ICANN IPC Submits Position Statement on Rights Protection

    The ICANN GNSO has formed a committee called the STI (Special Trademarks Issues) to consider the use of a Rights Clearinghouse and Uniform Rapid Suspension policy for the introduction of new gTLDs. The Intellectual Property Constituency has posted its position statement in support of rights protection. A copy of the statement appears below (full disclosure: I am a member of the IPC and STI). "The Intellectual Property Constituency position on the proposed amendments made by ICANN staff to the... Posted on November 7, 2009 at 11:17 am by Mark VB Partridge
  • Jun 1

    Protecting And Defending Your Brand - Teleseminar June 11

    You're invited to the following teleseminar on June 11, 2009. Please contact samantha@mikkiwilliams.com to RSVP. A strong brand is essential in this economic climate. Your brand differentiates you from the competition and confirms your credibility. Learn how to create your brand and how to protect it in this engaging and informative TELESEMINAR on BRANDING ***ONLY $29*** June 11, 2009 at 12:00 Noon (CST) for approximately 60 minutes HOW TO BE YOU-NIQUE! Mikki Williams, CSP "We're all born... Posted on June 1, 2009 at 02:22 pm by Mark VB Partridge
Rank This Week: 705

Silicon Valley Media Law Blog

Silicon Valley Media Law Blog

Covers content, e-commerce, technology and venture capital. By Cathy Kirkman.

http://www.svmedialaw.com/
  • May 21

    Stanford E-Commerce Conference 6/13

    Hope to see you at the E-Commerce Best Practices Conference at Stanford Law School on June 13. I think it's consistently one of the best events around about online legal issues -- credit organizers Roland Vogl, Mark Lemley, and Ian Ballon, among others. I'm moderating a panel -- the agenda's here. It's really the audience that makes the event what it is-- always a great turn-out of the Valley legal crowd. Posted on May 21, 2008 at 06:01 pm
  • May 21

    Stanford E-Commerce Conference 6/13

    Hope to see you at the E-Commerce Best Practices Conference at Stanford Law School on June 13. I think it's consistently one of the best events around about online legal issues -- credit organizers Roland Vogl, Mark Lemley, and Ian Ballon, among others. I'm moderating a panel -- the agenda's here. It's really the audience that makes the event what it is-- always a great turn-out of the Valley legal crowd. Posted on May 21, 2008 at 06:01 pm by Cathy
  • Apr 6

    Make Way for Duck Bites -- Roommates.com

    Jumping in with a few thoughts on the 9th Circuit's Roommates.com decision, which came out last week -- some viewpoints include Eric Goldman, Michael Erdman, and Evan Brown. Roommates was sued for violating the fair housing laws, and it unsuccessfully argued that as an interactive computer service it was immune from liability for the content posted by its users, under Section 230 of the Communications Decency Act. Under the statute, the immunity does not apply if the service provider also... Posted on April 6, 2008 at 05:08 pm
Rank This Week: 787

Florida Intellectual Property Law...

Florida Intellectual Property Law Blog

Covers patents, trademarks, copyright law, franchise law, trade secret law and unfair competition law. By John Rizvi.

http://www.floridaipblog.com/
  • Oct 20

    Tampa Patent Attorney

    Posted on October 20, 2009 at 06:24 am
  • Oct 20

    Orlando Patent Attorney

    Posted on October 20, 2009 at 06:22 am
  • Sep 25

    Patent Claiming, Like Football, is a Game of Inches

    In the movie Any Given Sunday, Al Pacino played a football coach tony D'Amato in a wonderful locker-room motivational speech telling his players to keep playing even when everything seems stacked against them and fight for every inch. Watch the short 3-4 minute video below first and then lets look into how this is relevant to drafting the claims of a patent. "An inch can mean the difference between victory and defeat", he said, and if you want to win in football or in life, you have to give it... Posted on September 25, 2009 at 07:17 pm
Rank This Week: 794

Video Game Law Blog

Video Game Law Blog

Covers current Issues in video game law. By Davis LLP.

http://www.davis.ca/en/blog/Video-Game-Law
  • Nov 18

    Don't You Wish You Were an Activision Shareholder Now?

    Set to be the most successful video game of all time (according to press releases anyway), Activision paired up with retailers like Game Stop and Best Buy to ensure that shelves were fully stocked for stores open late to receive the throngs of gamers vying to be among the first to claim the latest version of its earlier hit Call of Duty, "Call of Duty: Modern Warfare 2". If what analysts have been saying has any truth to it, this game should pull in upwards of $700 million U.S. dollars by the... Posted on November 18, 2009 at 12:29 pm
  • Nov 18

    Modern Censorship in Russia

    Folks in Russia weren't impressed with a scene in Call of Duty: Modern Warfare 2 where a Russian terror cell shoots up an airport full of civilians. After threats of government bans or recalls, Activision has reportedly decided to remove the offensive scene from the Russian version of the game. Russia has no formal ratings board for video games, so the approach to game review in Russia is different. Equally effective, though, it would appear... Gamasutra coverage here. Bookmarks: Delicious,... Posted on November 18, 2009 at 05:01 am
  • Oct 26

    "Hot Coffee" Dispute Changes Industry

    It has been reported that the class-action lawsuit opposing Take-Two and its shareholders has now been settled for $20 million. The dispute allegedly began when it was discovered that a sexual minigame hidden in the code of Grand Theft Auto: San Andreas could be unlocked by a downloaded hack. This discovery reportedly lead to the game being re-rated to "Adults Only", to copies being removed from store shelves and to a drop in stock price for the company. The scandal was allegedly named "Hot... Posted on October 26, 2009 at 08:39 am
Rank This Week: 802

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
  • Nov 10

    Financial planners and professional services marketing

    I answered a Linkedin question today about the lack of marketing use of social media by financial planners. The question and the answer are relevant to other professionals. Our insights emerge from dealings with public relations firms, financial planners, and from establishing this Lightbulb lawyers blog and maintaining it since mid-2006. We've also learned from Michael Perkins, a lawyer and author who works closely with financial planners. Here's the question as posed by Des Walsh, a... Posted on November 10, 2009 at 08:26 pm by Noric Dilanchian
  • Nov 10

    Murdoch on internet advertising, pay walls and competition

    Mr Rupert Murdoch was interviewed over 37 minutes this week by David Spears of SkyNews on his views on a broad range of subjects. We'll focus here on his perception of the challenge from Google and other search engines for the traditional core of News Corp's power, its newspapers and their advertising-supported business model. You can watch the video here, and go on to read our take on it. {youtube}M7GkJqRv3BI&feature{/youtube} Posted on November 10, 2009 at 06:00 am by Noric Dilanchian
  • Nov 2

    Entertainment law contract cancer

    Just as concrete cancer plays havoc with structures, so does what I'll call "contract cancer". In the early hours of last night I finalised email advice for an entertainment industry client. My advice was on a licence agreement for my client's sound recordings. The contract was prepared by a multinational company seeking to distribute my client's content. The contract was littered with little signs of weaknesses. These were gaps or errors in - grammar, clause numbering, and the choice of words.... Posted on November 2, 2009 at 04:41 pm by Noric Dilanchian
Rank This Week: 808

Hearsay Culture

Hearsay Culture

KZSU-FM (Stanford) Tech/Law Talk Show. Hosted by Dave Levine.

http://www.hearsayculture.com
  • Nov 8

    shows #100 and 101 — William Patry and Larry Downes — posted

    I am thrilled to post shows #100 and 101! After over three years of shows, a few thank yous are appropriate. While I get into an Oscar-type thank you speech on show #100, I thank my friends at KZSU-FM (especially Mark Lawrence and Kathryn Todd, as well as numerous DJs) and Stanford Law School (especially former Center for Internet and Society colleagues Lauren Gelman, Jennifer Granick and Larry Lessig, as well as Mark Lemley and Joe Neto) for their early, continuing and ongoing support! Of... Posted on November 8, 2009 at 08:09 pm by dave
  • Oct 23

    Shows #98 and 99 — Prof. Jacqui Lipton, Prof. Elizabeth Townsend-Gard and Justin Levy — posted and show #100 — William Patry, Esq. — coming!

    I am pleased to post two more new shows. The first is Show # 98, October 14, my interview with Prof. Jacqui Lipton of Case Western Reserve University School of Law. Jacqui is writing a book, Global Real Property: Internet Domain Names, Trademark and Free Speech, examining the intricacies of trademark domain name disputes. These disputes take a number of forms, and have a variety of permutations that require consideration. In the discussion, we dissect these different disputes and discuss how... Posted on October 23, 2009 at 02:39 pm by dave
  • Oct 23

    Letter in support of FCC’s Open Internet Proceeding

    I signed on to a letter drafted by Profs. Adam Candeub and Brett Frischmann (Brett has been on the show in the past) in support of the FCC's Notice of Proposed Rulemaking ("NPRM") regarding protecting the Internet as a free and open network. As the letter states: We believe the NPRM is a laudatory next step. First, from a legal perspective, it is the appropriate regulatory mechanism to evaluate the central substantive and procedural issues regarding discrimination, network management,... Posted on October 23, 2009 at 08:34 am by dave
Rank This Week: 809

LibraryLaw Blog

LibraryLaw Blog

Covers issues concerning libraries and the law. By Peter Hirtle, Raizel Liebler, Mary Minow and Susan Nevelow Mart.

http://blog.librarylaw.com/librarylaw/
  • Nov 17

    Crews: Important studies on ereserves

    (posted by Peter Hirtle) One of the more interesting recent conflicts in the Georgia ereserves case concerns an expert report on ereserves prepared by Kenneth Crews of Columbia for the defendants. The plaintiffs tried to stop the report from being entered into the trial, but the judge allowed it. The plaintiffs then filed their responses to the expert report and Crews has responded to them. I had been hoping that the expert report might show up on the Justia web site for the case or in the... Posted on November 17, 2009 at 12:18 am by Peter Hirtle
  • Nov 15

    Copyright book now on Amazon

    (posted by Peter Hirtle) Print copies of Copyright and Cultural Institutions, whose publication I announced here, are now available from Amazon.com at a discounted price of $31.54. It remains available for purchase at CreateSpace, and for free download through SSRN and eCommons@Cornell. Posted on November 15, 2009 at 01:46 pm by Peter Hirtle
  • Nov 11

    Action alert: reader privacy

    From Larry Siems, Director, Freedom to Write and International Programs Dear Core Freedoms Friends and Supporters, Now is the time to raise your voice in support of reader privacy. This week, the House Judiciary Committee approved a bill to amend the Patriot Act's bookstore and library provisions. This proposed bill would essentially accomplish the principal goals we've been working towards with our partners in the Campaign for Reader Privacy. The USA Patriot Amendments Act of 2009 (H.R. 3845)... Posted on November 11, 2009 at 07:42 pm by Mary
Rank This Week: 820

Australian Trade Marks Law Blog

Australian Trade Marks Law Blog

Covers business names, brands, domain names, and trade marks. By Nicholas Weston.

http://www.australiantrademarkslawblog.com/
  • Nov 16

    Trade Mark Use: We need a more balanced solution

    The 12 November 2009 decision in Alcon Inc v Bausch & Lomb (Australia) Pty Ltd [2009] FCA 1299 focuses almost exclusively on whether the defendant had used the plaintiff's trade mark 'as a trade mark'. Alcon has a registered trade mark 'BSS' for ophthalmic irrigation products and, not surprisingly, objected to Bausch & Lomb (BL) using the expression 'BSS' on its labels for its products. The case revolved primarily around the issues of whether BL had used the trade mark as a trade mark... Posted on November 16, 2009 at 08:32 pm
  • Nov 16

    Cannot Understand Non-Latin Domain Name Endings?

    /**/ From 16 November 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) will take the first step in a long process to introduce the option of ending domain names in non-Latin characters with an aim to improving access for 800 million-plus Internet users in non-Latin script using countries. However, no-one can register domain names with the new endings yet, so keep your hairy shirt on. If you cannot understand non-Latin domain name endings, this article may help, but finding... Posted on November 16, 2009 at 07:39 pm
  • Oct 5

    Apple picks Woolworths in trade marks dispute

    /**/ Apple is opposing registration as a trade mark the new logo of Australian supermarket chain Woolworths, claiming that the stylised green W is too similar to its own famous apple logo. Woolworths' applications were submitted in August 2008, and seek to include a wide range of electrical goods and technology. Woolworths is seeking a blanket trade mark registration of the logo from IP Australia and, as the attached copy of the applications show, they are seeking to cover goods ranging from... Posted on October 5, 2009 at 10:01 pm
Rank This Week: 821

RobWebb2k

RobWebb2k

Covers DMCA, technology and e-commerce issues and litigation.

http://blog.robwebb2k.com
  • Sep 10

    Side Benefit of User Testing: Team Unity

    For the last several months, we've been undergoing a large redesign of a critical and complex user flow at Adroll. At this point, several hundred hours of work have gone into the project. Our UX intern started the project with a company-wide customer identification exercise that got everyone focused on who we're targeting with our [...] Posted on September 10, 2009 at 10:18 pm by Rob Webb
  • Sep 9

    Gear Burger: Outdoor gear deals straight to your inbox

    My buddy Chad and I launched Gear Burger a while back as a little side project. When you sign up for the service, you select your preferred gear type and gear brand preferences (e.g. men's hiking and skiing gear made by Patagonia, Salomon and Volkl). Gear Burger then monitors one-deal-at-a-time sites like Steep and [...] Posted on September 9, 2009 at 08:24 am by Rob Webb
  • Sep 2

    Better can beat better + cheaper

    I recently met a scrappy entrepreneur who is working on some very interesting technology that has potential to help large enterprises. He described his product as "ten times better and ten times cheaper than the competition." It's easy for entrepreneurs to slip into the mindset that their product needs to beat the competition on [...] Posted on September 2, 2009 at 09:49 pm by Rob Webb
Rank This Week: 827

Anything Under The Sun Made By Man...

Anything Under The Sun Made By Man

Covers patents and business strategies. By Russ Krajec.

http://www.krajec.com/index.php?/weblog/
  • Aug 3

    60 Day Pendency for Design Patent - A New Personal Record

    I just received a Notice of Allowance on August 3, 2009 for a design patent filed June 3, 2009. That is a pendency of 61 days. This eclipses my previous record of 71 days for a design patent. The current case was filed electronically with a Petition to Make Special based on Age. Posted on August 3, 2009 at 07:05 am
  • Aug 2

    Inventor Grandiosity: Dealing with the Kitchen Sink Invention

    This post is part of a series of posts relating to inventor interviews. Other posts include The Art of the Disclosure Meeting, Doing the Disclosure Meeting, Setting the Stage and Issuing Warnings, and Inventor Myopia. During the invention disclosure meeting, I can count on running into the Kitchen Sink Invention at least once in five inventions. The Kitchen Sink Invention is the result of grandiose expectations of the invention or extremely overbroad view of the invention. The Kitchen Sink... Posted on August 2, 2009 at 08:49 am
  • Aug 2

    Dealing with Inventor Mypoia

    This post is part of a series of posts relating to inventor interviews. Other posts include The Art of the Disclosure Meeting, Doing the Disclosure Meeting, and Setting the Stage and Issuing Warnings. Often, inventors stumble into two different pitfalls. The first is myopia, where the inventors think their invention is much smaller than it may well be. The other state is one of grandiosity, where the inventor thinks too highly of the invention. In this post, I will discuss myopia. In the next... Posted on August 2, 2009 at 08:40 am
Rank This Week: 828

Patent Prospector

Patent Prospector

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

http://www.patenthawk.com/blog/
  • Nov 19

    Fatigued

    /**/ 6,100,287 claims a nutritional supplement for "enhancing muscle performance" and recovering from fatigue. Iovate sued BSN over '287. The district court found the asserted claims anticipated by advertisements in Flex magazine. It took no muscle flex for the CAFC to confirm. Iovate Health Sciences v. BioEngineered Supplements & Nutrition (BSN) (CAFC 2009-1018) precedential On August 27, 2008, the district court granted BSN's motion, holding claims 1, 2, 5, 7, 8, 9, and 18 invalid under... Posted on November 19, 2009 at 10:30 pm
  • Nov 15

    Heritage of the Heretic

    In the ultimate backfire, political hack Jon Dudas has left his mark on the patent office. Dudas demeaned the PTO by being openly hostile to its bread-and-butter clientele, patent applicants, with proposed rules that would limit claims and even applications, in a banal attempt to address pendency. Challenged by Dr. Triantafyllos Tafas, with GlaxoSmithKline riding shotgun, the district court shot the agency down. The PTO appealed. In a muddled decision, a CAFC panel partly reversed, which lead... Posted on November 15, 2009 at 07:15 pm
  • Nov 14

    All Red Hat and No Cattle

    The open source software crowd have had their knickers in a twist for some time about patented processes via software, being fervently against them, and having more generally quaint notions about intellectual property, including copyright. Patrick Anderson provides an incisive analysis of this week's tempest in a teapot in his blog entry: "Free" Sells, But Who's Buying? There doesn't appear to be much innovation in open source software crowd, otherwise, those kids would be pounding on the PTO's... Posted on November 14, 2009 at 07:22 pm
Rank This Week: 838

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.

http://www.law.uchicago.edu
  • Nov 19

    Bernard Harcourt, "Neoliberal Penality: A Genealogy of Excess"

    What work do the categories "the free market" and "regulation" do for us? Why do we incarcerate one out of every one hundred adults? These seemingly unrelated questions, it turns out, are deeply interconnected. The categories of free and regulated markets emerged as an effort to make sense of irreducibly individual phenomena-unique forms of social organization. In the process, the categories helped shape the dominant belief that the economic realm is characterized by natural order, and that the... Posted on November 19, 2009 at 09:38 am by arester
  • Nov 5

    Shakespeare and the Law: Keynote Discussion featuring Justice Stephen Breyer, Richard Posner, Martha Nussbaum, & Richard Strier

    The University of Chicago Law School's "Shakespeare and the Law" conference brought together thinkers from law, literature, and philosophy to investigate the legal dimensions of Shakespeare's plays. Participants explored the ways in which the plays show awareness of law and legal regimes and comment on a variety of legal topics, ranging from general themes, such as mercy and the rule of law, to highly concrete legal issues of his time. Other papers investigated the subsequent influence of his... Posted on November 5, 2009 at 08:52 am by arester
  • Oct 29

    Panel Discussion on Gay Marriage with Professors Mary Ann Case, Martha Nussbaum, David Strauss and Lecturer James Madigan

    This panel discussion was recorded on October 20, 2009 and was sponsored by Outlaw, the Law School Democrats, and the Law School Republicans. Mary Anne Case is Arnold I. Shure Professor of Law at the University of Chicago Law School; Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School; David Strauss is Gerald Ratner Distinguished Service Professor of Law at the University of Chicago Law School; and James Madigan is Class of... Posted on October 29, 2009 at 09:49 am by arester
Rank This Week: 841

Software Audit Blog

Software Audit Blog

Covers software audits, including Microsoft, BSA, and Adobe audits. By Scott & Scott.

http://www.scottandscottllp.com/main/blogindex.aspx?id=154
  • Aug 10

    When to Seek Help for a BSA Audit

    Many companies choose to pursue an internal audit of software systems after receiving a request from the Business Software Alliance (BSA). When it comes to deciding how to proceed with an audit, there are multiple considerations, including, but not limited to, the size of the company, amount of computers, type of software at issue, IT support, and accuracy of a company's records. A small company with few computers is better suited than a larger corporation to conduct its own audit either... Posted on August 10, 2009 at 07:54 am by Marketing Department
  • Jul 27

    Tracking Down Proofs of Purchase for Software Licenses

    When a company receives a letter from the Business Software Alliance (BSA) questioning the authenticity of software licensing status and demanding an in-house audit, it is very important to have proofs of purchase for the licenses in question. Absent sufficient proof of purchase, the BSA will assume that the associated software installations are unlicensed and will demand that the company pay a penalty to resolve claims of alleged copyright infringement. It is also important to note that the... Posted on July 27, 2009 at 07:54 am by Marketing Department
  • Jul 7

    Audit Inspections: How to Proceed with Inspecting Computers for Software Installations

    The Business Software Alliance (BSA) is an organization that represents software companies and prosecutes alleged unlicensed use of those member companies' software products. The BSA generally initially sends a company a letter indicating the company may be out of compliance with applicable software license agreements and demanding that the company investigate and inspect each computer for BSA-member software installations. Then the inspection begins. This process varies depending on the size... Posted on July 7, 2009 at 07:54 am by Mariqus Alexander
Rank This Week: 860

Excess Copyright

Excess Copyright

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

http://excesscopyright.blogspot.com/
  • Nov 21

    USA Treaty Priorities?

    It's been widely reported via Reuters that: Somalia has announced it plans to ratify a global treaty aimed at protecting children, leaving the United States as the only country outside the pact, UNICEF said on Friday.Somalia and the United States have long been the last hold-outs to the Convention on the Rights of the Child, adopted by the United Nations General Assembly exactly 20 years ago.The most widely ratified international human rights treaty, it declares that those under 18 years old... Posted on November 21, 2009 at 02:30 am by Howard Knopf
  • Nov 16

    Longer Copyright Term and Disincentives

    Here's an economics paper by Francisco Alcal&#xc3&#xa1 (Universidad de Murcia) and Miguel Gonz&#xc3&#xa1lez-Maestre (Universidad de Murcia) that is getting much attention and that concludes that longer copyright terms may actually be a disincentive to new production by emerging artists. Here's the abstract: Abstract Promoting high-quality artistic creation requires sorting the most talented people of each generation and developing their skills. This paper takes a professional-career perspective in analyzing... Posted on November 16, 2009 at 09:15 am by Howard Knopf
  • Nov 15

    Scary Friday the 13th Interview

    Here's a seriously scary ill-informed interview on CTV Power Play ironically on Friday the 13th at about the 3:30 mark with with former Liberal & Tory Minister David Emerson and interviewer Tom Clark. Somebody has misinformed Clark a lot about Canadian law - and fed him lots of property talk about "theft" and "stealing." Tom Clark wonders why we can't bring in a law to "prevent theft" and why this is a "delicate" matter and who are the stakeholders? Tom Clark states that "one example I was... Posted on November 15, 2009 at 02:19 pm by Howard Knopf
Rank This Week: 873

ISinIP

ISinIP

Covers innovative strategies in IP. By Lee Thomason.

http://leethomason.com
  • Nov 20

    Rule 403 Prejudice Comes with the Combo.

    As one Delaware jurist used to ask, 'how many times do you patent lawyers want me to try your case?' It was a rhetorical inquiry, since the judge had the power to keep it to one, even though the lawyers might prefer 3 trials: claim construction, liability and damages (plus maybe a TRO mini-trial on the front end). The new school of patentee's counsel tend to prefer one trial, hit hard and quick on the big issues, then shift the burden to infringer's counsel to bore the jurors with proving all... Posted on November 20, 2009 at 12:58 pm by thomason
  • Nov 18

    Local Patent Rules Might Have Unintended Impact.

    LegalMetric sends out routine emails referring to its statistical analysis of patent litigation. Recently, it reported the most pro-patentee and [allegedly] pro-infringer districts among the federal courts. In order, the top 10 districts favoring parties accused of infringement are: 1. Northern District of California * 2. Southern District of California * 3. Eastern District of Pennsylvania 4. Central District of California * 5. Southern District of New York 6. Southern District of Ohio * 7.... Posted on November 18, 2009 at 05:13 pm by thomason
  • Nov 16

    Spring IP

    As 2009 winds down, I begin preparing to teach in the Spring semester. The greatest number of IP law courses yet are offered in the coming semester. My class on IP Transactions L936 is one among the classes offered in Copyright Law L929, Patent Law L934, and also, the seminars in Advanced Patent Law L 950 and IP Litigation L950. It shows the increased level of student interest in IP law. Posted on November 16, 2009 at 09:20 am by thomason
Rank This Week: 874

Scrivener's Error

Scrivener's Error

Provides legal commentary on intellectual property and publishing from an author's perspective. By C.E. Petit.

http://scrivenerserror.blogspot.com
  • Nov 20

    Canadian Madames

    Apparently, the world's largest romance publisher &#xc2&#x97 already notorious for short shelf-lives, miserly author compensation, and improper treatment of copyright &#xc2&#x97 thinks that aspiring romance authors could learn from Velvet Jones. At least 'hos get paid, though. Harlequin has announced that it is establishing a vanity press arm to go along with its commercial publishing business &#xc2&#x97 where, for Posted on November 20, 2009 at 06:00 am by C.E. Petit
  • Nov 20

    GBS: Settlement 2.0 Deadlines

    Judge Chin has provided "preliminary approval" (PDF image) of Settlement 2.0. This does not mean he thinks it should/will be approved; it means, instead, that: 7. The Court has reviewed the Amended Settlement Agreement and determined it to be within the range of possible approval; GBS Doc. 772 (19 Nov 2009) at 2. The critical dates and procedures established are: Supplemental notice shall Posted on November 20, 2009 at 12:43 am by C.E. Petit
  • Nov 19

    Google Book Search Settlement

    Tangent: A Short Gloss on Antitrust (1) The Settlement (in essay form)The Lawsuit (in essay form) While I was in the midst of expounding upon the antitrust implications of the GBS settlement proposals &#xc2&#x97 and, indeed, whether any settlement could pass antitrust scrutiny absent legislative approval &#xc2&#x97 I realized that I was using a great many technical terms and concepts. As mysterious as the Posted on November 19, 2009 at 02:50 am by C.E. Petit
Rank This Week: 875

IP Spotlight

IP Spotlight

Offers news and information from the intersection of intellectual property and business law. By Jim Singer.

http://ipspotlight.com
  • Nov 18

    Upcoming Pennsylvania CLE to Focus on e-Commerce

    The Pennsylvania Bar Institute (PBI) has planned a continuing legal education course that will focus on the legal matters affecting e-commerce. Now in its sixth year, PBI's e-commerce update will provide an update on the latest legal issues affecting e-commerce, including: e-contracting issues that arise when using social networking sites for e-commerce privacy law records management security (practical and legal [...] Posted on November 18, 2009 at 03:10 am by Jim Singer
  • Nov 6

    New Developments in Licensing Law

    This week's court decisions include two cases in which courts highlighted the importance of specific phrases or terms that the parties used in IP license agreements. One decision (Sunstar Inc. v. Alberto-Culver Company) highlights the importance of understanding non-English terms, or phrases that may have different meanings in different countries. The other (Imation Corp. v. Kononklijke [...] Posted on November 6, 2009 at 06:06 am by Jim Singer
  • Oct 23

    New USPTO procedures likely to delay action in Requests for Continued Examination of patent applications

    When patent applicants receive a final rejection from the USPTO, they currently have three options: (1) appeal the final rejection, (2) abandon the application, or (3) amend the claims and file a request for continued examination (RCE). Currently, many applicants file an RCE because it receives priority over new applications, with USPTO review occurring within [...] Posted on October 23, 2009 at 08:32 am by Jim Singer
Rank This Week: 878

CyberLawg

CyberLawg

Comments on intellectual property and information technology law.

http://www.cyberlawonline.com
  • Nov 16

    A Potential New Defense Under UDRP

    The recent UDRP decision (http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-1139.html) concerning &#xc2&#x93razorbacks.com&#xc2&#x94 caught my eye due to a relatively comprehensive panel discussion on the issue of laches (pronounced: &#xcbˆla-ch&#xc9&#x99z) under the UDRP. Laches in law is a defense that calls into question the complaining party&#xc2&#x92s good faith in bringing its complaint in a untimely manner. A defendant asserting laches argues that a plaintiff that delays in asserting its claims, to the detriment... Posted on November 16, 2009 at 07:43 am
  • May 23

    Eric Menhart Helps Win TCPA Appeal

    A recent decision by the District of Columbia Court of Appeals addressed whether a private right of action under the Telephone Consumer Protection Act (TCPA) required a separate act of enabling legislation. The Court found that private causes of action may be brought in the D.C. Superior Court under the Act without the need for enabling legislation. CyberLaw PC attorney Eric Menhart was on the brief for the prevailing appellant. Read the full text of the opinion: Portuguese American Leadership... Posted on May 23, 2009 at 09:17 am
  • Apr 17

    Understanding Attorney Hourly Billing and Tips for Saving Money

    Everyone wants great value when they spend money. The same is true when it comes to law firms and legal services. Occasionally, clients have questions about hourly billing and want to know how to keep their costs as low as possible without sacrificing the quality professional services to which they are accustomed. This short article is intended to answer some of those questions and offers tips to clients to assist in keeping their costs as low as possible. Remember, this memo is intended to be... Posted on April 17, 2009 at 05:45 am
Rank This Week: 879

Fairly Used

Fairly Used

The Fairly Used Blog discusses news in the Copyright and Fair Use industry, as well as updates to the Stanford Copyright and Fair Use site.

http://fairuse.stanford.edu/blog/
  • Oct 22

    Disability access comments due to Copyright Office Nov 13

    Copyright Office Notice of Inquiry and Request for Comments on the Topic of Facilitating Access to Copyrighted Works for the Blind or Other Persons With Disabilities The proposal would permit the cross-border import, export and qualified distribution of copyrighted works in accessible formats without the permission of the rights holders, including to countries that presently lack, in their national laws, a specific copyright exception or other legal framework for serving the visually impaired.... Posted on October 22, 2009 at 05:11 pm by Mary Minow
  • Oct 18

    Mostly bad news for educational fair use

    (posted by Peter Hirtle; cross-posted from http://blog.librarylaw.com) Earlier this fall I wrote about what I called "the other coursepack case" (in Michigan, as opposed to the Georgia State case). Partial summary judgment has been granted, and it is a mixed bag for educational fair use. In the decision, the judge rejected all of the defenses that the defendant, Excel Copying, put forward. First, the court rejected, as I suspected it would, the argument that the licenses secured by the... Posted on October 18, 2009 at 04:28 am by Peter Hirtle
  • Oct 15

    Update: District court grants partial s.j. to publishers in copyshop case

    Although the students press the "start" button to make a copy of a coursepack, the copyshop is the "source of the reproduction" supplying a master copy of the coursepack, equipment and staff assistance. This is vastly different, says the court, from a scenario in which a student gets a coursepack from a friend and steps into a copyshop to duplicate. Short work is made of the Fair Use analysis: Purpose is commercial (it's the copyshop's purpose, not the student's) Nature - creative Amount - MDS... Posted on October 15, 2009 at 03:07 pm by Mary Minow
Rank This Week: 884

tech law advisor

tech law advisor

Covers copyright, DMCA and internet regulation. By Kevin Heller.

http://techlawadvisor.com/blog/
  • Mar 4

    Recently Read

    Posted on March 4, 2009 at 11:33 am
  • Dec 18

    About TechLawAdvisor @kevinhell

    Thank you for visiting Tech Law Advisor. @kevinhell This is an example of a twitter landing page. This site is under serious maintenance. Posted on December 18, 2008 at 06:59 pm
  • Dec 17

    Looking Back

    The Induce Act Blog was something to be proud of doing http://techlawadvisor.com/induce/ Posted on December 17, 2008 at 07:25 pm
Rank This Week: 887

Maier & Maier, PLLC IP Blawg

Maier & Maier, PLLC IP Blawg

Covers patent litigation, prosecution and searches.

http://www.postgrant.com/
  • Feb 2

    Petition for certiorari filed in Bilski case

    A petition for a writ of certiorari has recently been filed with the Supreme Court regarding the Federal Circuit's decision in In re Bilski. The petition presents the questions of whether the Federal Circuit erred in holding that a process must be tied to a particular machine or apparatus or transform an article into a different state or thing, and whether that "machine-or-transformation" test contradicts Congressional intent that patents protect methods of doing business. Further briefs,... Posted on February 2, 2009 at 08:58 am
  • Jan 30

    Center for Patent Innovations starts post-grant review of patents

    The Center for Patent Innovations at the New York Law School has recently begun a post-grant review project that seeks to harness the public community via the Center's peer-to-patent project. The post-grant review project invites all parties to request posting of patents on the website for peer review by the public. Certain firms have also posted bounties for finding prior art that may invalidate particular patents. Stay tuned for further developments at www.maierandmaier.com Posted on January 30, 2009 at 08:23 am
  • Jan 16

    BPAI applies Bilski, holds machine claim unpatentable

    In Ex parte Cornea-Hasegan, the Board of Patent Appeals and Interferences has found that a method for predicting results of floating point mathematical operations and calculating the results using software--when the result is too small to be accurately calculated via floating-point hardware--is not patentable subject matter in light of In re Bilski, 545 F.3d 943 (Fed. Cir. 2008). While the claim recited a "processor", the BPAI stated that the recitation did not impose any limits on the claim's... Posted on January 16, 2009 at 12:30 pm
Rank This Week: 888

AS-IS: Ecommerce, Internet,...

AS-IS: Ecommerce, Internet, Software & Technology Law and Contracts

Comments on technology deals and companies. By Harry Boadwee.

http://boadweelaw.com/blog/
  • Apr 3

    Strategy at the Edge of Intellectual Property

    Imagine working in an industry with no intellectual property protection at all. Unlike the book, music, and high tech industries, you couldn't use the law to shut down an infringer who was ripping off your products. How would you stay in business? Ask the fashion design business. That's what BusinessWeek did. According to BW, garment designs are not copyrightable (but "counterfeit garments ... right down to the label ... are illegal"). BW found these strategies: 1. Protect what you can under... Posted on April 3, 2008 at 02:03 pm
  • Jan 7

    Data Scraping from Web Services

    This month's Wired magazine has a perceptive article about so-called "data scraping" or "screen scraping" practices. It discusses the practical aspects of data scraping (such as IP address banning or blocking as a practical remedy to prevent scraping), use of cease and desist letters, and use of properly-licensed web services application programming interfaces (API's) as a way to control such practices. The article does not provide any detail about underlying legal theories or court cases to... Posted on January 7, 2008 at 03:55 pm
  • Dec 21

    Silicon Valley Micro-Cultures and Industry Clusters

    A New York Times article describes where the "niche neighborhoods" and industry clusters are located in Silicon Valley, with web design and online advertising centered in San Francisco, software in the Palo Alto area, and semiconductors, disk drives and and network equipment located in the south Bay near San Jose. No mention of Cupertino, where my office is located, which has an eclectic mix of hardware, software and great design: Apple Computer, Symantec, and the U.S. office of open source... Posted on December 21, 2007 at 09:47 am
Rank This Week: 890

Tsibouris & Associates Law...

Tsibouris & Associates Law Blog

Covers trademarks and copyrights.

http://www.mt-law.com/blog/index.html
  • Mar 31

    Google Health Starts Pilot Project at the Cleveland Clinic

    By Dino Tsibouris & Mehmet Munur On February 21, 2008, Google announced a partnership with the Cleveland Clinic to test its online personal health records management platform called Google Health. While Google is late to bring its platform to the party, its offering appears to go beyond Microsoft's HealthVault offering. The goal of the project is "to give the patients the ability to interact with multiple physicians, healthcare service providers and pharmacies." The pilot project will test... Posted on March 31, 2008 at 05:10 pm by Dino Tsibouris
  • Mar 17

    Tsibouris Law Blog Features in Columbus Business First

    Tsibouris & Associates Law Blog was recently featured in Columbus Business First article on Columbus law firm blogs. The article discusses the burgeoning law firm blog scene in Columbus, Ohio. To read more, please click here. Posted on March 17, 2008 at 04:25 am by Dino Tsibouris
  • Dec 19

    NY AG Cuomo Announces Code of Conduct for Private Student Loan Programs

    By: Dino Tsibouris and Mehmet Munur New York Attorney General Andrew M. Cuomo reached a settlement with University Financial Services (UFS), a private student loan consolidation service and announced a Direct Marketing Code of Conduct that would apply to student loans marketed directly to students. This represents a new regulatory approach. The proposed code of conduct: (1) Prohibits lenders from using misleading tactics such as using insignia to appear to be a part of the federal government;... Posted on December 19, 2007 at 12:36 am by Terri Miller
Rank This Week: 891

chosaq

chosaq

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

http://akira.arts.kuleuven.ac.be/andreas/blog/
  • Jan 16

    Japan Times article on recent net related legislative developments

    A quick pointer to a Japan Times article about some of the issues mentioned in my last entry. Chris Salzberg, of Global Voices and Gyaku.jp fame, was so nice to include a quote from a recent conversation we had about this issue :-) The problem, however, is that everything on the Web is downloaded. Just to view a page, a browser must store its contents on the user's computer. Since it is impossible to know beforehand whether downloaded content is legal or not, any page view would, under the... Posted on January 16, 2008 at 07:58 am by Andreas
  • Jan 3

    Japan to outlaw downloading illegally reproduced content?

    The Private Music and Video Recording Subcommittee (&#xe7&#xa7&#xe7&#x9a&#x84&#xe9&#x8c&#xb2&#xe9&#x9f&#xb3&#xe9&#x8c&#xb2&#xe7&#x94&#xbb&#xe5&#xb0&#xe5&#xa7&#x94&#xe5&#x93&#xa1&#xe4&#xbc&#x9a) of Japan's Agency for Cultural Affairs is pushing for a revision of Article 30 of the copyright law, which will outlaw downloading illegal copies of content. Under the current legislation, only uploading such copies is forbidden (earlier chosaq coverage). The rationale behind this move is the same pro-regulation argument Japan's content industry has been repeating over and over again. From a recent Nikkei BP... Posted on January 3, 2008 at 07:11 pm by Andreas
  • Dec 19

    A long overdue update

    Now that has taken a while! More than 4 months without a single entry-luckily enough, my stats tool reminds me from time to time that people still find their way to this blog. Traffic hasn't really gone down over the last four months, and old posts get unexpected pings and comments. Thanks for sticking around :-) But more about me: I have quit my job at Keio University earlier this year and, since the Summer, I'm working for Opera Software in Tokyo (and quite a bit in Oslo, too)-my meishi reads... Posted on December 19, 2007 at 01:22 pm by Andreas
Rank This Week: 892

cogito ergo teneo; an intellectual...

cogito ergo teneo; an intellectual property blawg

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

http://cogitoergoteneo.blogspot.com/
  • Dec 4

    112807 IP News

    Oh, just had to comment on this one: &#xe2€&#xa2 SCOTUS has passed on taking up the Perfect 10 v. CCBill case. Story on Mashable, but the deliberations and breaking of the news to the law clerks may have gone a lot like this little bit presented by MZOnline. Posted on December 4, 2007 at 08:10 am by Sean FWJ Fowler, Esq.
  • Nov 28

    Copyright Law: Viewfinder 060507

    Sarl Louis Fraud v. Viewfinder, 2nd U.S. Circuit Court of Appeals, No. 05-5927-cv (June 5, 2007): Issue: Viewfinder operates a site, "FirstView," that offers photographs from various national and international fashion shows. For old fashion shows, the viewing is free. For a current subscription to the site, it costs just shy of a thousand dollars a year. The company fashions (no pun intended) itself as an online fashion magazine of sorts. French fashion companies caught wind of the site and... Posted on November 28, 2007 at 04:21 am by Sean FWJ Fowler, Esq.
  • Nov 28

    Copyright Law: Loretta Lynn 060607

    Loretta Lynn v. Sure-Fire Music Company, 6th U.S. Circuit Court of Appeals, No. 06-5358 (June 6, 2007): Issue: The short of it is Loretta Lynn and Sure Fire were battling over copy rights to several songs penned by Loretta Lynn. Loretta Lynn brought six of her claims under state law. Sure Fire protested under the equivalency rule. Pertinent issue of Copyright Law: 1) Does federal copyright law automatically preempt any state claims over penned lyrics? Conclusion: No. "Lynn carefully pleaded her... Posted on November 28, 2007 at 04:00 am by Sean FWJ Fowler, Esq.
Rank This Week: 893

Impact Kings

Impact Kings

Covers Internet law, technology, and property.

http://impactkings.com
  • Aug 27

    The Pay-Per Chase

    So it seems that the long smoldering American fascination with Australian culture has flared up again. Not limited this time to obsession with quirky entertainment giants and bland rock style bands, this go-round has seen the frenzy extend to that most American of pastimes: the lawsuit. Following closely on the heels of an Australian consumer watchdog's suit against Google, American Airlines has sued the Internet search leader for alleged actual and vicarious trademark infringement. At issue is... Posted on August 27, 2007 at 09:43 pm by jrnarayan
  • Aug 20

    One is silver and the other’s gold…

    As the new media vs. old media battle continues to unfold, it has been interesting to watch how each vacillates between courageous innovator and meek victim. First we had the DMCA and the proliferation of semi-hidden, contract based schemes of reservation and denial of traditional rights. Then the old media guys started suing their customers. Then the old media guys started suing the new media guys. And now this: The Computer & Communications Industry Association, a trade group consisting... Posted on August 20, 2007 at 08:54 am by jrnarayan
  • Aug 12

    If You Don’t Believe Me You Can Ask John Doe

    So I know I'm supposed to finish my missive about compliance by certain service providers with certain subpoenas that seek to unmask John Doe defendants&#xe2€&#xa6and I will get back to that. In the interim, I came across an interesting (and tangentially relevant) development out of law and technology powerhouse Oklahoma. In another flare-up in the ongoing assault by the record insustry against its (potential) customers, Arista Records issued a subpoena to non-party Oklahoma State University seeking to... Posted on August 12, 2007 at 09:46 pm by jrnarayan
Rank This Week: 895

Now, Why Didn't I Think of That?

Now, Why Didn't I Think of That?

Covers patents, trademarks, copyright, and intellectual property. By Sander Gelsing.

http://www.gelsing.ca/blog
  • Aug 13

    Canadian i4i, Inc wins abroad, but is there any protection at home?

    Toronto based firm i4i, Inc. has been getting a fair bit of press lately as the tiny firm that took on Microsoft Corp. and succeeded in winning an injunction against sales of certain versions of Microsoft Word software in the United States as well as a US$290-million award for damages, willful infringement and prejudgment interest. See, for example, Financial Post's article entitled Canadian firm's lawsuit halts some Microsoft Word sales in U.S. or the Globe and Mail's Canadian firm gets patent... Posted on August 13, 2009 at 05:35 am by Sander Gelsing
  • Sep 25

    Vancouver Olympic Organizing Committee to Trade-mark part of our Anthem

    The Globe and Mail reports today that the Vancouver Olympic Organizing Committee (VANOC) quietly applied to the Canadian Intellectual Property Office for trade-mark rights to the phrase "with glowing hearts" which is part of the well-known refrain in our national anthem O Canada: "With glowing hearts we see thee rise, the true North strong and free." Our National Anthem Act declares both the words and the music of our national anthem to be in the public domain. An unofficial copy of the... Posted on September 25, 2008 at 06:08 pm by Sander Gelsing
  • Mar 13

    Drugs are a (patent) lawyer’s best friend?

    There was an interesting article in yesterday's Report on Business, entitled As patent cases clog courts, drugs are a lawyer's best friend, which describes how the Federal Court of Canada judges are swamped with a rising tide of complex patent litigation and how law firms are scrambling for talent to keep up with one of the country's fastest-growing practice areas. The article states that currently there is a team of approximately 30 Federal Court judges devoting some or all of their time to... Posted on March 13, 2008 at 04:23 pm by Sander Gelsing
Rank This Week: 928

Promote the Progress

Promote the Progress

Covers worldwide patent law and policy. By J. Matthew Buchanan.

http://promotetheprogress.com/
  • May 29

    Oral argument next week for en banc review of extraterritorial patent infringement

    Remember that the Court of Appeals for the Federal Circuit, sitting en banc, is scheduled to hear oral argument in Cardiac Pacemakers v. St. Jude Medical next Monday (June 1st). The en banc appeal is limited to the following question: "Does 35 U.S.C. &#xc2&#xa7 271(f) apply to method claims, as well as product claims?" Once available from the court, I'll make the oral argument file available on the casepage for the en banc appeal. (I'll post my notes on the oral argument once prepared). Related posts:... Posted on May 29, 2009 at 04:41 am by J. Matthew Buchanan
  • May 6

    Federal Reserve Chairman Benanke: patent reform as encouraging innovation

    In a hearing yesterday before the Joint Economic Committee, Federal Reserve Chairman Ben Bernanke answered questions about the economic outlook of the United States. The majority of the hearing focused on the financial industry bailout, the credit crisis, and the forthcoming results of the "stress analysis" of the country's largest banks. Somewhat suprisingly, there was an interesting patent-related exchange between Congressman Elijah Cummings (D-Maryland) and Chairman Bernanke. Congressman... Posted on May 6, 2009 at 08:12 am by J. Matthew Buchanan
  • May 4

    Google’s sea-based data center patent highlights the narrow focus of the company’s call for patent reform

    Last week, Google restated its call for patent reform in an editorial published in the Detroit Free Press. The content of the message was not a surprise - clearly playing to the Michigan audience, the company added a "jobs" twist to the familiar rant about litigation costs, dubious claims, and "patent trolls." The timing of the article was just as predictable - the House Judiciary Committee, chaired by Representative Conyers from Michigan, was set to hold a hearing on its version of the Patent... Posted on May 4, 2009 at 03:05 am by J. Matthew Buchanan
Rank This Week: 931

California Biotech Law Blog

California Biotech Law Blog

Covers biotech dealmaking, disputes, and patents. By the Prinz Law Office.

http://www.californiabiotechlaw.com/
  • Mar 27

    Genetic Engineering & Biotechology News Interviews Kristie Prinz

    Following up on our recent coverage of the patent reform debate, Genetic Engineering & Biotechnology News recently interviewed me for their article Patent Reform Battle Pits Biotech against High-Tech. The interview addressed the competing perspectives of the biotech and high tech industries on the issue of patent reform. Related postings on patent reform: Patent Reform Debate Revived in Congress Patent Reform Bill Stalled in Senate Patent Reform Bill Passed in House Kristie Prinz Interview... Posted on March 27, 2009 at 10:57 pm
  • Mar 26

    Patent Reform Debate Revived in Congress

    Here we go again. . . .Patent reform is back on the table: two bills have been introduced and are again being debated in Congress. The first of the two bills, the Leahy-Hatch bill, S. 515, was introduced on March 3, 2009. According to a summary by the Congressional Research Service, the key points of this patent bill, also known as The Patent Reform Act of 2009, are as follows: Defines "effective filing date of a claimed invention" as the filing date of the patent or the application for patent... Posted on March 26, 2009 at 09:49 pm
  • Mar 23

    Federal Circuit Rules on Case Involving New USPTO Patent Rules

    The Federal Circuit issued a long-awaited decision late last week in the case of Tafas v. Doll. At issue in this case was whether or not the USPTO had the authority to adopt a set of rules in 2007, which were aimed at reducing the backlog of unexamined patent applications and also at addressing the USPTO's difficult in examining applications that contained a large number of claims. The Federal Circuit held in its decision that the rules at issue were procedural in nature, and that they... Posted on March 23, 2009 at 05:24 pm
Rank This Week: 934

UsefulArts.us

UsefulArts.us

Covers online branding and the law.

http://usefularts.us
  • Nov 21

    Drug Makers Beg for FDA Regulations to Allow Them to Twitter and Blog

    In April, the FDA sent warning letters to 14 companies, including Eli Lilly and Co and Merck & Co Inc., about their drug marketing online, saying that ads for certain products were misleading and did not contain any risk information. But it's hard to include risk information when your Twitter post is limited to 140 characters. So the FDA called a hearing. More than 800 people attempted to attend the event, which had seating for only 350. Fortunately, proceedings were streamed on video, so... Posted on November 21, 2009 at 03:35 am by Dave Wieneke
  • Nov 20

    Litl Computer: Meet the Next Apple Computer While It Still has 40 Staff

    Litl Computer is to netbooks as iPods were to MP3 players. The beauty of the iPod was that it was designed to fit people's worlds. It fit physically and it conceptually allowed users to find and get music from the web without being transfixed by technology. Imagine a laptop built from its roots to be an easy, maintenance-free interface to the web. That's what Litl does. Like the iPod, it has its own OS and unique hardware design to be an interface between your home life and the web. So what... Posted on November 20, 2009 at 04:25 am by Dave Wieneke
  • Nov 18

    The Truth Hurts: ATT Looses Ridiculous Lawsuit to Verizon

    Verizon's defense against ATT's request for a temporary restraining order was blazing, and a fantastic read. Its like they let their savage ad team help write the brief. ATT demanded that Verizon pull five disputed ads from the air as they were "misleading". Verizon's defense was, literally, "the truth hurts." Defense's introduction nails its theme in the opening sentence: "AT&T did not file this lawsuit because Verizon's 'There's A Map For That' advertisements are untrue; AT&T sued... Posted on November 18, 2009 at 11:14 pm by Dave Wieneke
Rank This Week: 965

COPYRIGHT LAW and COPYRIGHT...

COPYRIGHT LAW and COPYRIGHT INFORMATION

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

http://researchcopyright.blogspot.com/
  • Nov 1

    Chinese Writers Ask Copyright Compensation from Google

    The China Written Works Copyright Society (CWWCS) will send a letter to Google China to discuss over the latter's compensations to Chinese writers relating to copyright. Previously, Google Inc. (Nasdaq: GOOG | Quote | Chart | News | PowerRating) reached an agreement in the US, which aimed to come up with a regulation for the emerging e-book industry. However, the agreement irritated writers and publishers in Europe, which forbade Google to print European books published within 150 years. Some... Posted on November 1, 2009 at 09:35 pm by Brian Scott
  • Oct 12

    Artists to Ask Administration to Protect Copyright

    The Copyright Alliance and its grassroots network of creators today announced circulation among creators nationwide of a letter to President Obama and Vice President Biden, asking the Administration to pursue policies supportive of the rights of artists. "Artists and creators make important contributions not only to our society and culture, but also to our economy," said Lucinda Dugger, the Alliance's Director of Outreach. "Increasingly, creators are finding their work misappropriated,... Posted on October 12, 2009 at 05:08 am by Brian Scott
  • Oct 12

    Consequences of Plagiarism by John Halasz

    Plagiarism is a wide-spread problem in academia, and its personal and societal consequences are equally diverse. Although the penalties for plagiarism vary among different academic institutions, it is not acceptable in any college or university. Consequences may range from a simple warning to being expelled from the school. Personal Consequences of plagiarism On a personal level, being caught plagiarizing can be quite embarrassing. People usually view those who plagiarize as being a fraud or... Posted on October 12, 2009 at 05:07 am by Brian Scott
Rank This Week: 1042

Poland - IP law news and resources...

Poland - IP law news and resources

Covers recent developments in the Polish IP Law and hi-tech business. By Dariusz Czuchaj.

http://iplawpoland.blogspot.com
  • Nov 6

    Class action in Poland - close to introduction

    Long awaited regulations concerning introduction to te Polish legal system of class action suits will be withhold until some important issues will be clarified. Among others the discussion will be aimed towards renumeration of the law professionals taking the case (the last proposal is to allow no more than 20 % of the claim), court fees (normally 5% will be reduced to 2%). The claims may be result of a delict or a contract. Te new regulation will be introduced in c.a. 8 monhts. Posted on November 6, 2009 at 06:51 pm by Dariusz Czuchaj
  • Nov 5

    Internet gambling banned in Poland ?

    The Polish government proposes a new law aimed at total delegalization of the internet gambling in Poland. This is a consequence of the recent policital affair which wiped out three ministers from Donald Tusk cabinet. What measures will be introduced ? Today it was announced that certain 'unlawfull' internet domains will be blocked. When asked for details the Prime Minister stated that 'yes, it can be done'. So how they will do it ? Maybe this will be te task of the newly appointed chief of... Posted on November 5, 2009 at 11:29 pm by Dariusz Czuchaj
  • Jun 29

    Airberlin.pl cybersquatted

    I came acrros an interesting discussion about steps which need to be taken to sell with great profit the domain name airberlin.pl The pucharser of the domain discuss with the forum members the strategy - they advise a trademark registration in different trademark classes to the airberlin airlines tradmark. This means that domainers are really creative in thier stratiegies and will not give up. What can be done when such regsitration is done ? First if all I would advise an opposition to the... Posted on June 29, 2009 at 07:46 pm by Dariusz Czuchaj
Rank This Week: 1206

Najnowsze wpisy z blog'a

Najnowsze wpisy z blog'a

Covers intellectual property law in Poland. By Greg Pacek.

http://ip.pacek.name/Home/tabid/376/Default.aspx
  • Nov 18

    Konkurs UPRP

    Mi&#xc5&#x82o mi poinformowa&#xc4&#x87, &#xc5&#xbce w kolejnym ju&#xc5&#xbc konkursie zorganizowanym przez UPRP na najlepsz&#xc4&#x85 prac&#xc4&#x99 habilitacyjn&#xc4&#x85 doktorsk&#xc4&#x85, magistersk&#xc4&#x85 i studenck&#xc4&#x85 o tematyce zwi&#xc4&#x85zanej z ochron&#xc4&#x85 w&#xc5&#x82asno&#xc5&#x9bci przemys&#xc5&#x82owej, jednym z laureat&#xc3&#xb3w zosta&#xc5&#x82 prawnik z naszej kancelarii, absolwent - oczywi&#xc5&#x9bcie najlepszego;) - Uniwersytetu Jagiello&#xc5&#x84skiego, a od wrze&#xc5&#x9bnia tak&#xc5&#xbce aplikant radcowski OIRP w Katowicach - Pawe&#xc5&#x82 P&#xc5&#x82onka. Gratuluj&#xc4&#x99 serdecznie! Posted on November 18, 2009 at 12:32 pm
  • Sep 7

    Herby, flagi, godła i inne emblematy państwowe a prawo znaków towarowych.

    Wyrok z dnia 16 lipca 2009r. w po&#xc5&#x82&#xc4&#x85czonych sprawach C 202/08 P i C 208/08 P, wydany przez Trybuna&#xc5&#x82 Sprawiedliwo&#xc5&#x9bci w Luksemburgu (American Clothing Associates NV v. OHIM) to ostatni judykat odnosz&#xc4&#x85cy si&#xc4&#x99 do interpretacji art. 6 ter konwencji paryskiej o ochronie w&#xc5&#x82asno&#xc5&#x9bci przemys&#xc5&#x82owej z 1883r., ale nie jedyny. No i wcale nie musi by&#xc4&#x87 ostateczny. Posted on September 7, 2009 at 04:01 am
  • Jul 9

    Wydawcy - zgłaszajcie się do nas, prawników ;)

    W&#xc5&#x82a&#xc5&#x9bnie otrzyma&#xc5&#x82em kopi&#xc4&#x99 uzasadnienia (nie)s&#xc5&#x82awnego wyroku S&#xc4&#x85du Rejonowego w Bielsku-Bia&#xc5&#x82ej z dnia 2 czerwca 2009r. (sygn. akt IX K 2011/08), kt&#xc3&#xb3rej skan w pedeefie przedstawiam poni&#xc5&#xbcej (przepraszam za jako&#xc5&#x9b&#xc4&#x87, ale to jedyne co na razie mam). Posted on July 9, 2009 at 06:48 am
Rank This Week: 1225

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://www.okpatents.com/phosita/
  • Sep 24

    Brands that are weird – Avoiding the Waldo Paradox

    The Ignite phenomenon is bubbling up throughout the world and it is happening within the state of Oklahoma as well (yes, even Oklahoma!) Last week was the first Ignite Tulsa event and our own Emily Campbell dove into the fray with a talk entitled "How Not to be Waldo: Brands that Stand Out in a Crowd." I may be a bit biased - but she rocked it! Emily's mantra of "Be Weird, Be Different and Think Outside the Box" is a great way of thinking about your branding efforts and the need to stand out in... Posted on September 24, 2009 at 10:20 am by Douglas Sorocco
  • Sep 11

    IgniteOKC – Leadership Committee Meeting

    Want to be a part of something cool in Oklahoma City? Well - come help us prepare for IgniteOKC. We will provide some snacks and drinks - you provide your brain and creativity. What is Ignite, you ask? Ignite is a community intellect exchange - it is an open forum to share your knowledge, learn what others think is cool and socialize. Ignite captures the best of geek culture in a series of five-minute speedy presentations on topics ranging from "The Best Way to Buy a Car" to "Hacking... Posted on September 11, 2009 at 02:40 pm by Douglas Sorocco
  • Sep 4

    Google gets a design patent – aka the Twitterverse’s collective head explodes

    Just a warning - this may sound a little snarky. So, you may or may not have heard - although I find it tough to believe you haven't heard - but Google received a patent on the familiar search page interface we all know and love. It's been a hot topic on Twitter the last two days - and I would hazard a guess that it is being viewed as akin to Darth Vader doing the Macarena while shopping for sheets. Or some such nonsense. From a few of the more "interesting" tweets: tompolk: Who's on crack in... Posted on September 4, 2009 at 08:12 am by Douglas Sorocco
Rank This Week: 1228

Navigating the Patent Maze

Navigating the Patent Maze

Covers biotechnology and patent law issues. By Carol Nottenburg.

http://lorac.typepad.com/patent_blog/
  • Jun 7

    BLOG HAS MOVED

    Please change your bookmarks to point to: http://patentmaze.cougarlaw.com/blawg. The posts here have all been moved, and this site will be deleted soon.... Posted on June 7, 2007 at 10:00 am by lorac
  • May 4

    UK Patent Office Resources

    On World IP Day 2007, the UK Intellectual Property Office published several booklets aimed at businesses and those wanting to learn more about IP and protecting it. (Link to resources) My IP is a basic introduction to patents, trademarks, design... Posted on May 4, 2007 at 09:19 am by lorac
  • Feb 9

    Plans for access to Australian patent data online

    IP Australia is undertaking to provide a patent data search facility that will eventually provide online access to all Australia patent data. (announcement) Anyone who has tried to obtain Australian patents or search for patents becomes stone-walled by the paucity... Posted on February 9, 2007 at 12:25 pm by lorac
Rank This Week: 1232

IP Due Diligence

IP Due Diligence

Features thoughts and comments on strategies to protect intellectual property. By Derek Schaffner.

http://ipduediligence.blogspot.com
  • Jan 12

    More on the iPhone trademark saga

    There is an article over at C|Net today that analyzes some of the arguments Apple could advance to defend its use of "iPhone" in the trademark infringement lawsuit filed on Wednesday by Cisco. The networking giant inherited the federal trademark registration for "iPhone" after it acquired the mark's original owner, Infogear, in 2000. I blogged about this issue yesterday. The C|Net article raises the argument that Apple could defend its use of the mark by claiming its product is in a different... Posted on January 12, 2007 at 02:24 am by Derek Schaffner
  • Jan 11

    Apple, err Cisco, iPhone

    Well it seems that Apple does not have a monopoly on placing the letter "i" before every new product the company introduces. This Tuesday at Macworld Expo, Steve Jobs introduced the long-rumored Apple iPhone. The announcement garnered a ton of press, and shares of Apple stock rose $7 that day while shares of other cell phone manufacturers dropped. However, it appears that networking giant Cisco owns the trademark for "iPhone" as a result of its acquisition of Infogear in 2000. The federal... Posted on January 11, 2007 at 02:03 am by Derek Schaffner
  • Jan 4

    Kodak and Sony end patent dispute

    Kodak and Sony have reached an accord regarding their long-standing dispute over digital camera inventions, and have agreed to cross-license technology to each other. The film giant originally sued Sony in 2004, alleging the company infringed ten digital camera patents issued to Kodak between 1987 and 2003. Sony subsequently counter-sued, alleging that Kodak violated several Sony digital camera patents. The agreement is royalty-bearing to Kodak, suggesting that it had a stronger position in the... Posted on January 4, 2007 at 09:55 am by Derek Schaffner
Rank This Week: 1234

Likelihood of Confusion

Likelihood of Confusion

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

http://www.likelihoodofconfusion.com
  • Nov 19

    New trademark blog: Pittsburgh Trademark Lawyer

    Daniel Corbett, who unlike some people does not merely have a sadly un-updated picture of his younger self but who is by all indications actually as terrifyingly youthful as the visual evidence suggests, has despite this seeming deficiency quite ably rolled out the Pittsburgh Trademark Lawyer blog. Welcome to the party, Daniel! The more the merrier. Just keep [...] Posted on November 19, 2009 at 12:05 pm by Ron Coleman
  • Nov 17

    Life Imitates the National Debate

    Outgoing New York Times ombudsman Daniel Okrent writes about 13 Things I Meant to Write About but Never Did. A favorite, via Best of the Web Today: Op-Ed columnist Paul Krugman has the disturbing habit of shaping, slicing and selectively citing numbers in a fashion that pleases his acolytes but leaves him open to substantive assaults. &#xe2€&#xa6 I didn't give Krugman [...] Posted on November 17, 2009 at 03:33 pm by Ron Coleman
  • Nov 17

    I Read Dead Peoples’ Email: UPDATE

    Remember this item? I wrote, regarding a family's request for access to a serviceman's email account after his death, as follows: I say that absent a specific compelling reason to get the email information - i.e., the location of his will or the buried treasure or something like that - it should die with the man. [...] Posted on November 17, 2009 at 03:33 pm by Ron Coleman
Rank This Week: 1237

this WEEK in LAW

this WEEK in LAW

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

http://twit.tv/twil
  • Nov 17

    TWiL 38: Don't Swallow That Phone

    Hosts: Denise Howell, Colette Vogele, Evan Brown, and Ernie Svenson DWI La-Z-Boys, Murdoch and Google, no tweeting in court, police searching cell phones, and more. Talking points: [delicious.com] TWiL shownotes TWiL on Friendfeed For a free audiobook, visit AudiblePodcast.com/twil. Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show. Running time: 1:09:38 Posted on November 17, 2009 at 08:40 am
  • Nov 12

    TWiL 37: Copyright In Extremis

    Hosts: Denise Howell, Colette Vogele, Evan Brown, and Ernie Svenson AT&T vs Verizon, MPAA to the FCC, robots, copyright, and more. Talking points: [delicious.com] TWiL shownotes TWiL on Friendfeed For a free audiobook, visit AudiblePodcast.com/twil. Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show. Running time: 1:38:08 Posted on November 12, 2009 at 02:08 am
  • Nov 3

    TWiL 36: Mars Needs Lawyers

    Hosts: Denise Howell, Colette Vogele, Evan Brown, and Ernie Svenson Facebook Spammers, Windows 7 Upgrade tricks, Net Neutrality, and more. Talking points: http://delicious.com/thisweekinlaw/35 TWiL shownotes TWiL on Friendfeed For a free audiobook, visit AudiblePodcast.com/twil. Special thanks to Nigel Clutterbuck for the TWiL theme music. Thanks to Cachefly for the bandwidth for this show. Running time: 1:41:50 Posted on November 3, 2009 at 02:15 pm
Rank This Week: 1239

e^(ip)

e^(ip)

Covers intellectual property management. By Erin-Michael Gill.

http://emgill.blogspot.com/
  • Aug 4

    Good reporting

    (Reporter Sara-Jayne Adams of the UK's Intellectual Asset Management and Erin-Michael Gill) Sara-Jane Adams has pulled together a number of IP professionals for this months cover story (registration required) on fighting back against the IP backlash, especially with respect to international perceptions of IP. Interesting topic and bit of a surprising read. Also, I recently started Twittering ([twitter.com]). While it is not exactly an outlet for the kind of in depth IP journalism one might find... Posted on August 4, 2009 at 12:10 pm by Erin-Michael Gill
  • Jul 17

    Re: Patent Backlog

    Department of Commerce Secretary Gary Locke has been telling key USPTO stakeholders (p1 paragraph 6) that the new pendency goal for Office is going to be 12 months. Professor Crouch at Patently-O just put together some numbers regarding pendency at the PTO, then re-posted a comment from a practitioner essentially stating that the numbers don't look that bad. Before addressing some of the nuance in the pendency numbers, I need to address an ill-informed line in the re-posted comment. The... Posted on July 17, 2009 at 02:14 am by Erin-Michael Gill
  • Jul 5

    plenIPotentiary discussions at 2009 IPBC

    An international working group, assembled and tasked by the UK's Intellectual Asset Management Magazine, met for the first time late last month to discuss and define the role of Chief Intellectual Property Officer for attendees of the IP Business Congress in Chicago. The results of these discussions were shared at the IPBC and will be further developed into articles and other publications by both IAM and the session facilitators (Ron Laurie and Rob Sterne). Great overview here by Joff Wild and... Posted on July 5, 2009 at 11:00 pm by Erin-Michael Gill
Rank This Week: 1250

Stand Pat

Stand Pat

Commentary, opinion and advice on U.S. and PCT patent prosecution practice. By Graham Alig.

http://standpat.blogspot.com
  • Dec 20

    I Give Up

    If you actually read this, (which I'm sure many people don't), here's a quick announcement: Due to the time that it takes to continuously post things on here, I'm not going to do it anymore. If you want to read my stuff, just do it on FanIQ. It's as simple as that. Posted on December 20, 2008 at 04:57 am
  • Nov 18

    A Case Of The Mondays

    Picking On The Pollsters -----Other Goodness----- Hockey Fight Of The Day Randy Couture Post-Fight Interview Where Is Matt Cassel Going After This Year? Boxer Gets Knocked Down Before The Fight Even Starts Questionable Officiating At The End Of Steelers-Chargers Game Troy Polamalu Makes The Catch Of The Year Posted on November 18, 2008 at 12:32 am
  • Nov 17

    Blogging Day Of Rest

    Jim Fassel Wants To Work For This Man. ------------------------------------------------ You Can Indeed Have A Tie Game In The NFL. Hockey Fight Of The Day Posted on November 17, 2008 at 08:03 am
Rank This Week: 1255

Bridging The Gap:

Bridging The Gap:

Covers trademarks. By Patrick Guevara.

http://www.trademark-blawg.com
  • May 23

    National Arbitration Forum Issues Three Decisions on Internet Domain Name Disputes

    /**/ Hot from my email inbox is this release from the National Arbitration Forum. Looks like the Los Angeles Angels of Anaheim (the "Angels") stuck out. MINNEAPOLIS, May 23, 2007 - The National Arbitration Forum recently issued decisions on three separate domain name disputes filed by Disney, Jimmy Buffett and Angels Baseball. "We continue to see a trend towards filing complaints under the UDRP, rather than lawsuits, for these Internet conflicts," said Kristine Dorrain, Internet Legal Counsel... Posted on May 23, 2007 at 04:04 am by Patrick E Guevara
  • May 10

    The Madden Curse Strikes the NFL

    The Madden curse has struck again...this time against the NFL itself, which was sued for its use of the "Voice of God" on an NFL Films "documentary" to "promote" Madden NFL 06. This week, a U.S. Magistrate judge in Pennsylvania issued an opinion granting John Facenda's estate summary judgment against the NFL. A pre-existing agreement between the parties allows NFL Films to use Facenda's trademark "Voice of God" so long as that it does not promote a product. The NFL argued the film, "The Making... Posted on May 10, 2007 at 02:52 am by Patrick E Guevara
  • Feb 22

    The Apple of Cisco's Eye

    Apple (Computer not Fiona) and Cisco released news yesterday of their settlement over the iPhone trademark dispute in a press release: SAN JOSE and CUPERTINO, California-February 21, 2007-Cisco and Apple&#xc2&#xae today announced that they have resolved their dispute involving the "iPhone" trademark. Under the agreement, both companies are free to use the "iPhone" trademark on their products throughout the world. Both companies acknowledge the trademark ownership rights that have been granted, and each... Posted on February 22, 2007 at 07:49 am
Rank This Week: 1259

bIPlog UC Berkeley Intellectual...

bIPlog UC Berkeley Intellectual Property Weblog

Covers technology, media, communications and the law. From UC Berkeley's Boalt.org student group working for the public interest in technology law.

http://boalt.org/biplog
  • May 7

    09 f9 and Statutory Interpretation

    Cross posted to Substantial Similarity. The 09 f9 story is practically geriatric in internet age, but after reading Fred's legal primer and Ed's reductio, I had a couple of thoughts. First, does the posting of a key really violate 1201? And if so, which part? Section 1201(a)(2) provides: ((The text of 1201(b) sets out an equivalent test for copy controls. The occasionally nonsensical line drawing between access and copy controls is a topic for another day.)) No person shall manufacture, import,... Posted on May 7, 2007 at 06:48 pm by Aaron Perzanowski
  • May 5

    DRM as Flux Capacitor

    Cross posted to Substantial Similarity. Forbes has a short article up (flash-free and ad-free printable version here) wherein executives from two major labels, Sony BMG and Warner, make clear that if there is to be a DRM-less future for online music downloads, they shall not go gentle into that good night. According to Michael Nash, Warner's senior vice president of digital strategy: "No intellectual property business is going to cross the digital divide without figuring out how to protect its... Posted on May 5, 2007 at 08:36 pm by Aaron Perzanowski
  • Mar 19

    RIAA makes offer you can’t refuse.. maybe..

    Recently the Recording Industry Association of America offered a "deal" to college students on 13 campuses whom they suspect of illegally downloading copyrighted music: "pay us off now, and we'll give you a discount on what you'll be hit with after we take you to Federal court." But what is the basis of this deal? First: there are many examples of uploading/downloading music that are completely legal - if the copyright holder has given permission, if the music is in the public domain or... Posted on March 19, 2007 at 07:49 pm by Larisa Mann
Rank This Week: 1260

IP Counsel Blog

IP Counsel Blog

Discusses issues that concern the practice of in-house intellectual property attorneys. By Todd Lewis Mayover.

http://ipcounsel.blogspot.com
  • Apr 10

    Getting Back To Legal Research Basics

    For many in-house practitioners, basic legal research begins at the computer, searching legal web sites or professional services, news sites, and blogs for the lasted blip on the "law of the land". While this exercise may bear fruitful, there are some pitfalls as well. For example, using databases or search engines could prohibit or narrowly tailor a search, instead of providing the most comprehensive results. In Guerrilla Research published in The Florida Bar Journal, author, Nancy Wear,... Posted on April 10, 2007 at 06:43 am by Todd Lewis Mayover
  • Jul 17

    Patent Litigation: Good Communication Among Lawyers Is Key To Manage Patent Cases Efficiently and Effectively

    The stakes are high in the realm of patent lawsuits. Not surprisingly, patent cases continually increase in complexity, costs and frequency which are why these cases are feared by many emerging companies who see patent lawsuits as obstacles in the path to their success. These fears heavily influence how companies deal with patent lawsuits. Therefore, it is more important now than ever before for companies to better manage their patent lawsuits. As the sole in-house attorney of a medical device... Posted on July 17, 2006 at 08:07 am by Todd Lewis Mayover
  • Jun 29

    Law.com Profiles IP Counsel Blog

    A few months ago, I was interviewed by GC South Magazine on blogging and IP Counsel Blog. Recently, my interview was republished by a sister publication, Law.com. If you are interested in reading my interview, you may do so by clicking the following link. Lawyers' Blogs Aren't Just For Marketing Posted on June 29, 2006 at 05:33 am by Todd Lewis Mayover
Rank This Week: 1261

Patent Law Blog

Patent Law Blog

Features intellectual property news and Information. From Hope Baldauff Hartman.

http://www.hbhlawfirm.com/page1/page1.html
  • Nov 8

    The HBH Patent Law Blog

    Welcome to the Hope Baldauff Hartman, LLC patent law blog. This blog is the continuation of The Patent Prosecution Law Blog, also published by HBH. We hope to be your source for patent prosecution-related news and information. Our goal is to provide a practical outlook on recent developments in the patent law, rather than just reporting that a new development has occurred. In this regard, we will continue to publish articles that we hope will be valuable to individuals and companies new to the... Posted on November 8, 2006 at 11:18 am by leonard@hbhlawfirm.com
  • Sep 7

    Patent Office to Harden IDS Requirements

    The Patent & Trademark Office recently published a Notice of Proposed Rulemaking affecting the submission of related references when applying for a patent. Such references are typically listed in an Information Disclosure Statement (IDS). Currently, there are no limits on the number of references which can be sent, and there is no requirement that their relevancy be identified. According to the co-published Media Advisory, the Patent Office found that the filing of unlimited IDSes... Posted on September 7, 2006 at 01:37 pm by leonard@hbhlawfirm.com
  • Sep 6

    Practitioners Should Avoid Using the Phrase "The Invention" in Patent Applications

    The Federal Circuit Court of Appeals recently affirmed a lower court's finding of noninfringement in a case involving fuel system components. (Honeywell Intl. v. ITT Industries, Docket No. 05-1407, June 22, 2006). The key portion of the decision, which should serve as a warning to practitioners, limited claim scope based on the content of the specification. According to the CAFC, the patent's use of the terms "the invention" and "the present invention" with reference to a fuel filter... Posted on September 6, 2006 at 02:06 pm by leonard@hbhlawfirm.com
Rank This Week: 1262

Patent Pros

Patent Pros

Covers patent drafting, patent office rules, cases, opinions and office actions. By Benjamin Tramm and Andrew DeMaster.

http://patentpros.typepad.com/patent_pros/
  • Nov 1

    A Great Way To Impress Your Clients

    A good way to impress your client is to test them to make sure they have adequately reviewed the patent application. One way that this can be done is illustrated in U.S. Patent Application No. 20040161257 titled "Display Control Apparatus for Image Forming Apparatus." Among the 30 claims of the application is claim 9, which recites: 9. The method of providing user interface displays in an image forming apparatus which is really a bogus claim included amongst real claims, and which should be... Posted on November 1, 2006 at 10:01 am by Benjamin Tramm
  • Oct 28

    Introducing A Handy Grammatical Tool: The Period

    At times the law demands that we not use periods, such as in drafting claims. At other times, periods can come in rather handy. Case in point: U.S. Patent No. 5,897,961. Take a look at the portion of the detailed description beginning on col. 10, line 40. The description begins with: The binder polymers of the first layer coating composition which are present, for example, in amounts of from about 5 parts by weight to about 70 parts by weight and preferably from about 16 parts by weight to... Posted on October 28, 2006 at 04:00 am by Benjamin Tramm
  • Oct 26

    "Your Honor, Will You Please Order Lunch?"

    If you ever find yourself arguing in front of Judge Pendleton Gaines, see if you can get him to order lunch for you... ORDER IT IS ORDERED: 1. Plaintiff's motion to compel Defendant's counsel's acceptance of lunch invitation is granted on the terms and conditions set forth above. See ruling here. [Hat Tip to Peter Zura] Posted on October 26, 2006 at 07:01 am by Benjamin Tramm
Rank This Week: 1263

Ruttler Law Patent Podcast

Ruttler Law Patent Podcast

Patent Information and news. From Ruttler Law.

www.RuttlerAdams.com
  • Jun 27

    A RuttlerAdams Patent Podcast

    Episode 3: Working With a Patent Professional, Patent Trolls & Crazy Patents Posted on June 27, 2006 at 07:08 pm
  • Jun 5

    A RuttlerAdams Patent Podcast

    Episode 2: Safe Invention Disclosures, A Water Car, Crazy Patents & Lisener Mail Posted on June 5, 2006 at 11:26 pm
  • May 22

    A RuttlerAdams Patent Podcast

    Episode 1: Provisional vs. Non-Provisional Applications, What is Patent Pending?, Crazy Patents & News Posted on May 22, 2006 at 01:22 am
Rank This Week: 1264

Blawg IT

Blawg IT

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

http://blog.bretttrout.com/
  • Nov 17

    Luddite Patent Attorneys Are More Expensive Than You Think

    Is Your Attorney as Tech Savvy as You Are? You go to great lengths to protect your computer from hackers. But does your attorney? Hackers know all of your most important documents reside on your attorney's computer. If your attorney is not as tech savvy as your company, who is a seasoned hacker going to target? The scariest part is that if a hacker does steal from your attorney, your attorney, and you, may be none the wiser. Taking Candy From a Baby Charged with protecting your most sensitive... Posted on November 17, 2009 at 07:22 am by Brett Trout
  • Nov 10

    Bilski Oral Argument

    Bilski Yesterday oral argument took place in the Supreme Court in what could be the most pivotal patent ruling of our time. The case revolves around Bilski's patent application for a method of hedging the risk of fuel price fluctuations associated with bad weather. State Street Back in 1998, the Supreme Court ruled in State Street that a computer programmed with novel software is patentable even if the output is merely numbers. The State Street ruling led to a deluge of business method patent... Posted on November 10, 2009 at 08:24 am by Brett Trout
  • Nov 6

    The Farnsworth Invention

    The play The Farnsworth Invention begins tonight at the Des Moines Community Playhouse. Why would a patent blog write about a play? Well, unbeknownst to me before last night, The Farnsworth Invention is a play about patents. It explores patentability, infringement, enablement, interference, licensing and litigation. It even pastes parts of actual patents right into the script. You simply could not ask for any more patent and invention in a single play. Now I realize the foregoing description... Posted on November 6, 2009 at 09:17 am by Brett Trout
Rank This Week: 1281

Small Business IP Protection and...

Small Business IP Protection and Management

Covers the intellectual property needs of individuals and small- to medium-sized companies. By J. Douglas Miller.

http://jdmesq.typepad.com/small_business_intellectu/
  • Aug 20

    New USPTO Beta Web Site

    The USPTO has revealed a new streamlined web site. For a look at the beta vesion of the USPTO web site click here. Posted on August 20, 2009 at 06:18 am by J. Douglas Miller
  • Feb 7

    How do I get a patent?

    One of the most asked questions we hear is "How do I get a patent?". Although we have posted this before, below is an overview of the important steps in beginning the patent process. The first step: One of the most important first steps when something is invented is to make a record of the invention. The record can consist of a simple a written description accompanied by any sketches, drawings, and/or diagrams. The written description does not necessarily have to be long, but should include... Posted on February 7, 2009 at 07:13 am by J. Douglas Miller
  • Feb 5

    IP Audit Information

    Here is an article of interest on IP Audits. Posted on February 5, 2009 at 11:54 am by J. Douglas Miller
Rank This Week: 1306

free the books

free the books

Covers the international treaties and copyright laws that govern foreign works. From the University of Texas Libraries.

http://blogs.lib.utexas.edu/freethebooks
  • Apr 8

    Golan v. Holder gets a second wind

    As Lessig described it, "from the there's-no-way-in-hell-you'll-win-that-one department," the case challenging the US roll-back of public domain status for foreign works that entered the pd here because their copyright owners failed to comply with US formalities at a time we had them, has gotten new life. Golan v. Holder (the defendant is always named as the current Attorney General - the case started out as Golan v. Ashcroft) was sent back to the district court to consider whether the... Posted on April 8, 2009 at 12:40 pm by georgia harper
  • Jan 23

    Air and Simple Gifts: Public domain shines within latest compositions

    I was so happy all day long on Tuesday, watching the country, indeed the world, watch us welcome a new administration. One of the high-points was the fabulous rendering by four of the world's finest musicians (even if they recorded it in the warmth) of John Williams' composition, "Air and Simple Gifts," based on the familiar Shaker melody referenced in the title. Because Simple Gifts belongs to the world, John was free as the air to weave his beautiful composition around it. It was and is a... Posted on January 23, 2009 at 12:17 pm by georgia harper
  • Jan 16

    Ah, is the public in for a treat!

    A little off-topic, about the public interest in access to the goings on of the justice system more so than the public interest in access to the works the public is entitled to use as it sees fit when coyright has done its job already - Harvard's Berkman Center founder, Charles Nesson, is representing Joel Tanenbaum, one of the 35,000 individuals sued so far in the RIAA's "sue your customers into accepting your ideas about the future of the music industry" approach to its decade of... Posted on January 16, 2009 at 06:09 am by georgia harper
Rank This Week: 1313

Academic Copyright

Academic Copyright

Covers law, culture and the use of intellectual property by scholars, teachers, students and librarians. By Elizabeth Townsend Gard.

http://academiccopyright.typepad.com/academiccopyright/
  • Jul 23

    New blogging home

    I am now blogging regularly at the Tulane Law School website. Posted on July 23, 2007 at 06:48 am by Elizabeth Townsend Gard
  • Apr 2

    The Schloss case

    It is strange... there hasn't been a lot (and by that I mean NO) discussion of the Schloss case on any of the listservs that come in... wierd. I'm not sure why. It seems to be staying under the radar. But I think it seems like a good thing -- a very good thing -- to get the Joyce estate to agree to have a website with the materials they did not want in the first place. This seems huge. Anyway, just a few quick thoughts on a busy day.... Posted on April 2, 2007 at 01:19 pm by Elizabeth Townsend Gard
  • Apr 2

    Guest Blogging at Terra Nova

    Rachel and I are guest blogging over at Terra Nova this month. We are very excited.... [terranova.blogs.com]. Also, episodes 1-7 of Fizzy's Second Life can be seen at [fizzysecondlife.blogspot.com]. Posted on April 2, 2007 at 12:43 pm by Elizabeth Townsend Gard
Rank This Week: 1319

Patent Pod

Patent Pod

Patent Podcast delivering U.S. patent law case summaries and court opinions. From attorney Andrew P. Lahser.

http://www.patentpod.com
  • Feb 1

    Patents

    If you have never been through the patent process before, and even if you have, do you understand the stategies and tactics used to evaluate the strength of a patent? Do you have a method for determining when an idea is worth pursuing and when it is worth passing? If not, don't worry, your just like many of our clients. We wrote a free e-Book that teaches: 5 Steps to clearly think about your money-making chances; The Secrecy Problem: steps to take before revealing anything; 3 Factors to... Posted on February 1, 2007 at 08:49 am
  • Feb 1

    Contact Us

    13239 N. La Montana Drive Suite 215 Fountain Hills, AZ 85268 (480) 816-9383 Office (480) 837-5378 Fax Please use email form. In order to maintain high quality, the Law Office of Andrew P. Lahser, PLC limits its practice to intellectual property law matters for selected technology areas. Legal Areas Patents Trademarks Copyrights Trade Secrets Technology Areas Computer Software Industrial Operations Electical Mechanical Business Methods Should you require legal services outside of these areas,... Posted on February 1, 2007 at 08:47 am
  • Feb 1

    Biography

    Andrew P. Lahser is a registered patent attorney. He is licensed to practice in Arizona and before the U.S. Patent and Trademark Office. His practice is limited exclusively to intellectual property law. Professional Activities Mr. Lahser participates in the following professional activities: Arizona Bar Association's Intellectual Property Law Section; American Intellectual Property Law Association (AIPLA); American Bar Association (ABA); Scottsdale Bar Association; and frequent speaker on... Posted on February 1, 2007 at 08:45 am
Rank This Week: 1323

Le blog du droit europ&#xc3&#xa9en des...

Le blog du droit européen des brevets

Covers European patent law (in French).

http://europeanpatentcaselaw.blogspot.com/
  • Nov 20

    Révisions : les membres des Chambres de recours sont-ils juges et parties ?

    Dans l'affaire R12/09, le requ&#xc3&#xa9rant/titulaire du brevet requiert la r&#xc3&#xa9cusation de tous les membres de la Grande Chambre dans la mesure o&#xc3&#xb9 ils sont aussi membres des Chambres de recours de l'OEB. Pour le requ&#xc3&#xa9rant, les membres des Chambres de recours (techniques et juridique) poss&#xc3&#xa8dent un int&#xc3&#xa9r&#xc3&#xaat personnel dans les affaires de r&#xc3&#xa9vision et peuvent &#xc3&#xaatre soup&#xc3&#xa7onn&#xc3&#xa9s de partialit&#xc3&#xa9 : en jugeant les affaires de r&#xc3&#xa9vision, ils &#xc3&#xa9tablissent eux-m&#xc3&#xaames les crit&#xc3&#xa8res sur la base desquels ils... Posted on November 20, 2009 at 11:30 pm
  • Nov 19

    Cellules souches : après la Grande Chambre, à la CJCE de décider

    On se souvient que dans la d&#xc3&#xa9cision G2/06, la Grande Chambre de recours a d&#xc3&#xa9cid&#xc3&#xa9 que tout produit ne pouvant &#xc3&#xaatre obtenu, au moment du d&#xc3&#xa9p&#xc3&#xb4t de la demande, que par destruction d'embryons humains, n'&#xc3&#xa9tait pas brevetable eu &#xc3&#xa9gard &#xc3 l'Art 53a) et &#xc3 la R. 28c) CBE. C'est maintenant au tour de la CJCE de s'int&#xc3&#xa9resser au sujet, suite &#xc3 une question pr&#xc3&#xa9judicielle qui vient de lui &#xc3&#xaatre pos&#xc3&#xa9e par le Bundesgerichtshof (BGH). L'affaire concerne un brevet portant sur une m&#xc3&#xa9thode de fabrication... Posted on November 19, 2009 at 09:00 pm
  • Nov 17

    L'invention de la semaine

    FR 2.930.418 PALETTE GOURMANDE DU VENTOUX Demandeur : SYNDICAT GENERAL DES VIGNERONS DES COTES DU VENTOUX Dispositif pour mettre sur un m&#xc3&#xaame plan v&#xc3&#xa9rines et verre de vin, &#xc3 porter avec une seule main caract&#xc3&#xa9ris&#xc3&#xa9 en ce qu'il comporte 5 trous de forme ronde (1) et une encoche pour caler le verre (2). La pr&#xc3&#xa9sente invention d&#xc3&#xa9nomm&#xc3&#xa9e la Palette Gourmande du Ventoux, concerne un dispositif d'aide &#xc3 la d&#xc3&#xa9gustation des vins et la mise en valeur des accords mets et vins gr&#xc3&#xa2ce &#xc3 des v&#xc3&#xa9rines... Posted on November 17, 2009 at 09:00 pm
Rank This Week: 1327

Nolo's Patent, Copyright, and...

Nolo’s Patent, Copyright, and Trademark Blog

By Nolo.

http://blogs.nolo.com/intellectualproperty
  • Nov 20

    Reach Out and Infringe Someone: Using Ad Slogans as Chapter Headings

    Dear Rich: I work for a publisher and recently ran across a manuscript for a fiction book that used advertising slogans for chapter headings. For example, the authors used Hebrew National's, "We Answer to a Higher Authority." The authors thought it was fair use but since it's an advertising slogan is that also considered fair use? I told them to check with an attorney but they decided to just remove them. The Dear Rich Staff gets so sad when someone's creativity is stifled by legal... Posted on November 20, 2009 at 08:27 am
  • Nov 19

    How Do You Copyright an Educational CD?

    Dear Rich: A friend of mine has a CD with educational material (not school-related) but some type of teaching program she has put together and wants to copyright. Do you have any suggestions? Start with the principle that your friend already owns a copyright for her work. It's automatic. She should include a copyright notice on the CD, packaging and on the materials that appear on the user's screen. The notice should be something such as "Copyright 2009 [Your Friend's Name]" and if she is... Posted on November 19, 2009 at 08:21 am
  • Nov 18

    Will Wayne Dyer Love You If You Infringe?

    Dear Rich: I wrote a study guide for my church for The Power of Intention by Wayne Dyer. It was given to people for free. In the study guide we quoted brief sections from Dyer's book, giving him credit, and then I wrote questions about each chapter. I want to start a little business developing study guides of existing books for churches to use. Is it fair use? The short answer is that we don't know. Issues of fair use can only really be decided by a judge who weighs several factors and does... Posted on November 18, 2009 at 06:36 am
Rank This Week: 1328

The Substantially Similar Weblog

The Substantially Similar Weblog

Covers intellectual property and technology, law. Published by Fish & Richardson attorney Adam J. Kessel.

http://adam.rosi-kessel.org/weblog
  • Nov 19

    Algorithmic Glitch

    How did Facebook come up with this? Posted on November 19, 2009 at 05:54 pm by adam
  • Nov 14

    Comcast Upgrade

    Not bad! Posted on November 14, 2009 at 04:39 am by adam
  • Jul 20

    Dismantle Storrow Drive

    Most brilliant idea so far this year. In brief, Storrow Drive was never supposed to exist. Now it needs massive repairs, which will be both expensive and disruptive. Rather than fix it, some are calling to simply remove it, similar to when San Francisco decided to tear down its elevated highway after it was severely damaged in an earthquake. Proponents of dismantling Storrow Drive include former Secretary of Transportation Fred Salvucci and former DPW associate commissioner Ken Kruckemeyer. Not... Posted on July 20, 2009 at 06:12 am by adam
Rank This Week: 1329

Trademark Law Briefs

Trademark Law Briefs

Features summaries of recent 9th Circuit trademark decisions. By Avatar Legal.

http://trademarklawbriefs.com
  • Nov 17

    No Preliminary Injunction for Alleged Burrito Trade Dress Infringement

    Ruiz Food Products v. Camino Real Foods, Inc., 2009 US Dist. LEXIS 105941 (E.D. Cal. 2009) Plaintiff alleged that Defendant's new packaging for burritos (sold in multi-burrito packages) infringed on its trade dress. Plaintiff filed for a preliminary injunction. The court compared the packaging in question and determined that a preliminary injunction was not warranted but invited Plaintiff to refile the motion if it discovered evidence of actual confusion or evidence of a higher the degree of... Posted on November 17, 2009 at 09:35 am by admin
  • Nov 16

    Prior Publictation Exclusion Bars Insurance Coverage in Trademark Infringement Suit

    Kim Seng Company v. Great American Insurance Co. of New York, et al., (2009) Cal.App. LEXIS 1826. Defendant insurance company refused to pay for defense of a trademark infringement claim against Plaintiff. Defendant argued that the claim was excluded under the prior publication exclusion in the policy because Plaintiff commenced using the trademark before entering into the policy. The court agreed, also finding that later uses of the same mark (such as the same word mark but with a new logo)... Posted on November 16, 2009 at 09:56 am by admin
  • Nov 11

    Arbitration clause covers trademark disputes associated with business sale

    Value Selling Associates, LLC, et al. v. Temple, 2009 U.S. Dist. LEXIS 104174 (S.D. Cal. 2009) Defendant sold its business to Plaintiff including all intellectual property rights and entered into a consulting agreement with Plaintiff. The consulting arrangement was later terminated with a settlement agreement. All agreements contained clauses stating that any dispute arising under or related to the agreement would be submitted to arbitration. The Court ruled that trademark infringement claims... Posted on November 11, 2009 at 10:05 am by admin
Rank This Week: 1333

nipc IP/it Update

nipc IP/it Update

News and comment on intellectual property, technology, media, entertainment and competition law from the UK, EC and around the world. By John Lambert.

http://nipclaw.blogspot.com/index.html
Rank This Week: 1334

TradeMark Express: A Daily Blog

TradeMark Express: A Daily Blog

Covers issues pertaining to trademarks, copyrights, patents and starting a business. By Shannon Moore.

http://tmexpress.blogspot.com
  • Nov 17

    What a Tweeting Mess! Back in August, I...

    What a Tweeting Mess! Back in August, I posted about Twitter filing for the mark Retweet. The USPTO has since sent Twitter's legal counsel an Office Action suspending Retweet's application based on prior filings. However, let's take a closer look at these filings & perhaps we can figure out where Retweet is going to end up - abandoned or a real, live Federal trademark. Here's what the USPTO is telling Twitter: "Although the examining attorney has searched the Office records and has found no... Posted on November 17, 2009 at 12:40 am by Shannon Moore
  • Nov 10

    Trademarks for the Troops A hearty...

    Trademarks for the Troops A hearty THANK YOU from all of us at TradeMark Express to our troops. Since it's Veteran's Day, I thought it'd be nifty to take a look at filed trademarks that are about the vets. Hope for Veterans is owned by Community Hope and "is a transitional housing program...to provide a safe, supportive environment wherein former servicemen and women can start rebuilding their lives." Find out more about them here. Recruit Veterans "is a service-disabled veteran owned and... Posted on November 10, 2009 at 11:54 pm by Shannon Moore
  • Nov 9

    Trademarkia Launched in September of...

    Trademarkia Launched in September of this year, Trademarkia is a free, incredibly easy to use search engine that allows users to search the USPTO database of Federal trademarks, be they live or dead. Two of my favorite features: * Logo Themes: The USPTO does offer the capability to search logos on their site but it's a bit cumbersome. Here's an article about how one can do so. But Trademarkia's interface is much easier & really, it's just neat to browse through logos. * Trademark... Posted on November 9, 2009 at 11:25 pm by Shannon Moore
Rank This Week: 1335

Lenz Blog

Lenz Blog

Covers copyright, patents, and WTO.

http://k.lenz.name/LB
  • Nov 11

    Recommendations on Privacy for Search Engines

    The following text is a recommendation of the "International Working Group on Data Protection in Telecommunications", adopted first in 1998 and revised in 2006. At the original host it does not have a single URL, making it impossible to point to exactly this file. Since I need to do that for a paper I am writing now, I mirror the original PDF file here. International Working Group on Data Protection in Telecommunications The Working Group has been initiated by Data Protection Commissioners from... Posted on November 11, 2009 at 03:48 pm by Karl-Friedrich Lenz
  • Nov 1

    Sri Lanka GSP+ Status

    The EU Commission has issued a statement confirming that Sri Lanka is not living up to the commitments to international human rights protection standards that are conditions for access to the GSP+ program. The Commission will now consult with the Member States about temporarily suspending GSP+ status, while calling on Sri Lanka to constructively work on the issue. Posted on November 1, 2009 at 03:23 pm by Karl-Friedrich Lenz
  • Oct 30

    Book Review: William F. Patry, Moral Panics and the Copyright Wars

    Recently Amazon released their Kindle internationally. I immediately ordered one. The first book I bought for it was Patry's. When reviewing it, the first thing I need to point out is that the author is Senior Copyright Counsel at Google. The first reason is that the author does not want people to note this fact when discussing the book, as he writes in his "Disclaimer". Under the copyright system Patry's book is attacking, authors get to control many things. What reviewers write about their... Posted on October 30, 2009 at 08:19 pm by Karl-Friedrich Lenz
Rank This Week: 1336

Digital Rights Ireland

Digital Rights Ireland

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

http://www.digitalrights.ie
  • Nov 11

    Data Retention Bill at Committee Stage

    The Data Retention Bill goes to Committee Stage before the D&#xc3&#xa1il today. The Irish Council for Civil Liberties have put together some excellent submissions on how the Bill should be amended to protect fundamental rights - we've uploaded a copy here. S&#xc3&#xa9an Sherlock (Lab.) is also on top of this issue and has put forward extremely desirable amendments designed to reduce the retention period and to establish greater transparency in the oversight of data retention - these are available on the... Posted on November 11, 2009 at 06:44 am by Administrator
  • Oct 9

    Romanian Constitutional Court finds data retention law unconstitutional

    From an email by Bogdan Manolea: The Romanian Constitutional Court declared, yesterday afternoon, the data retention law (law 298/2008) as unconstitutional, as it breaches art 28 of the Romanian Constitution which provides that secrecy of the letters, telegrams and other postal communications, of telephone conversations, and of any other legal means of communication is inviolable. So far there is no press release of the Court and the decision has not been published yet, there are only press... Posted on October 9, 2009 at 02:38 am by Administrator
  • Sep 25

    JC Decaux should backpedal on iPhone app threat

    [Cross-posted from IT Law in Ireland] I'm quoted in today's Irish Times on the threats made by JC Decaux against Fusio resulting in their taking down their Dublin Bikes App. Leave aside for a moment the PR stupidity of this strategy. Ignore if you will the dubious legal basis of their claim. (Without going into the finer points of copyright in facts, database rights, clickwrap agreements or possible passing off, the vague nature of their complaint - "Following our conversion, I confirm that you... Posted on September 25, 2009 at 06:19 am by Administrator
Rank This Week: 1337

ipmINDs

ipmINDs

Covers patent and intellectual property law.

http://ipminds.wordpress.com
  • Nov 9

    Indian brings “Minority Report” like hand gestures navigation called “SixthSense” to reality

    Remember the scene in the movie Minority Report where Tom Cruise uses hand gestures instead of a mouse to interact with a computer screen displayed on the wall? Pranav Mistry has brought this to close to reality with USD 320 devices.. Pranav Mistry is the creator of SixthSense, a wearable gesture interface that uses a camera and [...] Posted on November 9, 2009 at 03:44 am by mais
  • Oct 27

    MJ’s antigravity step secret is out

    MJ is known for many things- also as innovator, who invented and patented "system for allowing a shoe wearer to lean forwardly beyond his center of gravity by virtue of wearing a specially designed pair of shoes" (US patent5,255,452). A heel slot in the shoes gets hitched to retractable pegs in a stage floor. [...] Posted on October 27, 2009 at 05:19 am by mais
  • Oct 24

    Patent Application filing – India

    Posted on October 24, 2009 at 11:01 pm by mais
Rank This Week: 1339

The Law of the Game

The Law of the Game

Covers video games, gambling and other legal discussions. By Mark Methenitis.

http://lawofthegame.blogspot.com/
  • Oct 24

    LGJ: Revenge of the Regulators

    This week's LGJ dissects 'ecogenerism' as it applies to regulating video games based on a new paper from Michigan State University School of Law. Read on!Disclaimer The content of this blog is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this blog, replying to its posts, or any other interaction on this site does not create an attorney-client privilege between you and the author. The opinions expressed on this... Posted on October 24, 2009 at 08:38 am by Mark Methenitis
  • Oct 23

    LGJ: 3D Dot Game Infringement

    In this LGJ, I talk about the allegations of 'copyright infringement' in 3D Dot Game Heroes. Read on!Disclaimer The content of this blog is not legal advice. It only constitutes commentary on legal issues, and is for educational and informational purposes only. Reading this blog, replying to its posts, or any other interaction on this site does not create an attorney-client privilege between you and the author. The opinions expressed on this site are not the opinions of The Vernon Law Group,... Posted on October 23, 2009 at 08:41 am by Mark Methenitis
  • Oct 5

    Game::Business::Law 2010 is Official

    I wanted to take a moment to post the following press release. Last year's event was outstanding, and I think the upcoming conference will be even better. I will be a speaker again this year, and hope to see some readers in the audience. Registration is limited, so be sure to secure a spot soon. News Release Registration for 2010 Game::Business:: Law Summit Now Open via game-business-law.com 2nd Annual International Summit on the Law and Business of Video Games to be Held January 27-28, 2010 at... Posted on October 5, 2009 at 10:56 am by Mark Methenitis
Rank This Week: 1343

The DCC Blawg

The DCC Blawg

By the Digital Curation Centre.

http://dccblawg.blogspot.com/
  • Oct 23

    Final post

    A short and final post to let you know the DCC Blawg has come to an end. As part of the Phase III restructuring of the DCC there will be some changes in the coming months. One of these is that the DCC will no longer have a legal component. Should you have any queries about the legal aspects of your digital curation activities you may find the JISC Legal service a useful source of guidance. Best wishes Mags Posted on October 23, 2009 at 10:06 am by Mags McGeever
  • Oct 19

    Digital Lives - New Paper on Legal and Ethical Issues

    The Digital Lives Project has just released what looks to be a very useful and comprehensive discussion paper on Legal and Ethical Issues authored by Andrew Charlesworth. The paper examines a range of legal and ethical issues that pertain to personal digital archives and their collection, preservation and access. The legal areas covered include copyright, data protection and privacy law, freedom of information requirements, and content liability both civil and criminal. The paper also examines... Posted on October 19, 2009 at 09:20 am by Mags McGeever
  • Oct 15

    New data protection resources

    The DCC has published a new standards watch paper on BS 10012 Data Protection - Specification for a Personal Information Management System. The standard, which is the first British standard for the management of personal information was introduced in May this year. It was developed by the British Standards Insitute (BSI) to provide a framework that enables effective management of personal information, paving the way for an infrastructure for maintaining and improving compliance with data... Posted on October 15, 2009 at 09:36 am by Mags McGeever
Rank This Week: 1344

TeleFrieden

TeleFrieden

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

http://telefrieden.blogspot.com/
Rank This Week: 1345

Panzer on Point

Panzer on Point

Covers the areas and intersections of technology and intellectual property law. By Doug Panzer.

http://law.96exposures.com/index.html
  • Oct 23

    The Internet Turns 40

    Oliver Burkeman of The Guardian has written a great article looking forward to next week's 40th birthday of the Internet. It really needs no commentary. Just give it a look for an interesting read, including the following "wow" realization: Unless you are 15 years old or younger, you have lived through the dotcom bubble and bust, the birth of Friends Reunited and Craigslist and eBay and Facebook and Twitter, blogging, the browser wars, Google Earth, filesharing controversies, the transformation... Posted on October 23, 2009 at 03:42 am by Doug Panzer, Esq.
  • Oct 19

    The Discerning Downloader

    Those who have read this blog before know that I strongly believe that the Big Content industries' major weakness in the fight against file sharing is that they lag behind consumers in their exploration and exploitation of new technologies. A recent survey from TorrentFreak seems to confirm that. The survey shows that uTorrent has made massive gains in market share among file sharers (now enjoying over 60% share), primarily at the expense of Vuze, the second most popular Bit Torrent client (now... Posted on October 19, 2009 at 04:29 am by Doug Panzer, Esq.
  • Oct 9

    Japanese Court's Reversal in File-Sharing Case is a Clear Win for Software Innovators

    A Japanese appeals court yesterday reversed a lower court ruling against file-sharing software developer Isamu Kaneko related to his "Winny" program. This ruling is a departure from recent rulings in both the US and Sweden, and clearly demonstrates that Japan's courts have an eye toward fostering innovation rather than protecting the status quo on behalf of content owners. The criminal proceeding against Kaneko turned on the issue of whether the Winny program "encouraged" file-sharing and... Posted on October 9, 2009 at 03:40 am by Doug Panzer, Esq.
Rank This Week: 1346

Generic Pharmaceuticals and IP

Generic Pharmaceuticals and IP

Covers patent and business issues affecting generic pharmaceutical drugs. By Sandeep K. Rathod.

http://genericpharmaceuticals.blogspot.com/
Rank This Week: 1351

CopyOwner

CopyOwner

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

http://interactionlaw.com/wordpress
  • Sep 29

    Lending Your Textbook, Watch or Car Illegal?

    If you lend me your car they can sue you for copyright infringement! This sounds crazy, and it is. Crazy but true. Copyright law is being distorted in the craziest ways, and today, the U.S. Supreme Court is scheduled to decide whether to hear an appeal from one of the crazy rulings. Back in 1998, shampoo makers used copyright to go after people who sold their shampoo cheaper than the price at which they wanted to gouge the U.S. consumer. They claimed that the longstanding first sale doctrine,... Posted on September 29, 2009 at 10:00 am by Administrator
  • Apr 14

    Judy Krug - Thanks for the good work

    About 20 years ago, Judy Krug changed my attitude toward librarians. Raised in a childhood environment in which librarians were viewed as disciplinarians, my adult exposure to librarians as resourceful facilitators of my access to knowledge hardly shook that early childhood impression - until I met Judy. I had been in the trenches of the defense of First Amendment freedoms against government censorship. Video retailers were still the new kids on the block, and state and federal lawmakers... Posted on April 14, 2009 at 10:40 pm by Administrator
  • Nov 7

    Four Days in November: Reflections From the Gut

    Morning of November 5, 2008, I reluctantly crawl out of bed, extend checkout time long enough to get breakfast, and contemplate the 3-hour drive back from Hampton, Virginia to my home in Maryland. I emerge from the Holiday Inn elevator to receive the well trained - and rote - greeting from the 5 hotel staff chatting in my path. "Good morning, indeed!" I responded with a big, tired, happy grin, as I flashed the front page of the newspaper. They dropped all pretense of professional politeness,... Posted on November 7, 2008 at 04:11 am by Administrator
Rank This Week: 1353

Lessig Blog

Lessig Blog

Covers copyright, creative commons, politics, telecom, good/bad code and good/bad laws. By Stanfor