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Law & Disorder

Law & Disorder

The Art of Technology

http://arstechnica.com/tech-policy/
Rank this Week: 56

Duets Blog

Duets Blog

Collaborative blog on advertising, intellectual property, and marketing.

http://www.duetsblog.com/
  • Oct 17

    Does getaroom Make U Want 2 BookaRoom?

    Does getaroom Make U Want 2 BookaRoom?
    A tv commercial for yet another hotel booking website just caught my eye, called getaroom: This one was founded by a pair of lawyers, in fact, the same duo that founded Hotels.com. I was left wondering whether getaroom is…
  • Oct 16

    Former Rutgers Player Sues Alma Mater Over Nickname

    Former Rutgers Player Sues Alma Mater Over Nickname
    Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing position groups…
  • Oct 13

    Owning a (Wholesome) Four Letter Word

    Owning a (Wholesome) Four Letter Word
    I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind: Inquiring minds may wonder (and…
Rank this Week: 66

43(B)log

43(B)log

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

http://tushnet.blogspot.com/
Rank this Week: 87

IPKat

IPKat

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

http://ipkitten.blogspot.com/
  • Oct 17

    AIPPI Congress Report 8: Innovator v Innovator - injunction

    AIPPI Congress Report 8: Innovator v Innovator - injunction
    Innovator v Innovator - does this matter where injunctions are concerned? The AmeriKat is notso convinced....The wonderful AusKat Clare Cunliffe continues her reports from AIPPI's World Congress in Sydney with news from the second…
  • Oct 17

    AIPPI Congress Report 6: The business of IP – venturing with IP

    AIPPI Congress Report 6: The business of IP – venturing with IP
    The IPKat's view of venturing extends as far as the bottomof his lawnThe AmeriKat has just flown from Sydney to Washington D.C. for the ChIPs Annual Global Summit.  After a mere four days down under she has no idea what time zone her…
  • Oct 17

    AIPPI Congress Report 7: Medical devices and patent

    AIPPI Congress Report 7: Medical devices and patent
    Come near the AmeriKat with a medical device andthis is the look you will encounterWarwick Rothnie was back in AIPPI's Pharma Day sessions to report on the proceedings for the IPKat's readers.  Next up was what can be a complex matrix of…
Rank this Week: 101

Patently-O

Patently-O

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

http://patentlyo.com/patent
  • Oct 17

    Do you get the Gist: Tracking Mail is an Abstract Idea

    Do you get the Gist: Tracking Mail is an Abstract Idea
    Secured Mail v. Universal Wilde (Fed. Cir. 2017) The district court dismissed this case for failure to state a claim upon which relief can be granted – R.12(b)(6) – after finding that the claims of all seven asserted…
  • Oct 17

    Percent of US-Originated Patents That Claim Priority to a Provisional Application

    Percent of US-Originated Patents That Claim Priority to a Provisional Application
    For the chart above shows the percentage of US-originated utility patents that claim priority to one or more provisional filings, grouped by year of issuance.   You’ll note the steady upward trend – each year…
  • Oct 16

    Oil States and SAS arguments set for November 27

    Oil States and SAS arguments set for November 27
    Oral arguments for both Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 and SAS Institute Inc. v. Matal, No. 16-969, have been set for November 27, 2017. Oil States challenges the AIA trial…
Rank this Week: 99

The TTABlog

The TTABlog

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

http://thettablog.blogspot.com/
  • Oct 17

    TTAB Finds SUNBELT ORGANIC Confusable With SUNBELT and SUNBELT BAKERY For Some Food Item

    TTAB Finds SUNBELT ORGANIC Confusable With SUNBELT and SUNBELT BAKERY For Some Food Item
    Applicant Coastal Sunbelt sought to register the mark SUNBELT ORGANIC, in standard form and in several design forms, for "organic foodstuffs, namely, salsa" and "processed organic fruits and vegetables" [ORGANIC disclaimed]. Opposer claimed a…
  • Oct 16

    TTAB Rejects 5-Year Acquired Distinctiveness Claim Due To Lack of Continuous Use

    TTAB Rejects 5-Year Acquired Distinctiveness Claim Due To Lack of Continuous Use
    In a rare opposition based on the ground of Section 2(e)(2) geographical descriptiveness, the Board rejected applicant's Section 2(f) claim of acquired distinctiveness based on five years of use, finding that applicant's use had not been…
  • Oct 13

    GREATER OMAHA Not Confusable With OMAHA STEAKS for Meat, Says TTAB

    GREATER OMAHA Not Confusable With OMAHA STEAKS for Meat, Says TTAB
    In a 74-page opinion, the Board dismissed an opposition to the mark GREATER OMAHA & Design, shown below left, finding the mark not likely to cause confusion with the registered mark OMAHA STEAKS, both for meat. However, it sustained…
Rank this Week: 103

CommLawBlog

CommLawBlog

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

http://www.commlawblog.com/
  • Oct 16

    Initial Reimbursement Allocations Announced for Repack Expense

    Initial Reimbursement Allocations Announced for Repack Expense
    On October 16, 2017, the Incentive Auction Task Force and the FCC’s Media Bureau jointly announced the initial allocation from the TV Broadcaster Relocation Fund (Relocation Fund) for the reimbursement of eligible full power and Class A…
  • Oct 16

    Reminder: FREE Upcoming CPB Compliance Webinar

    Reminder: FREE Upcoming CPB Compliance Webinar
    This is a reminder to not snooze on next week’s CPB compliance webinar! On Wednesday, Oct. 25 at 2:00 p.m. EDT. Fletcher, Heald, & Hildreth’s CPB Compliance guru Bob Winteringham will present a FREE one-hour webinar…
  • Oct 13

    Limited Registration Period for .RADIO Domain Names Ends Oct.31, 2017 – The Time to Register Is Now!

    Limited Registration Period for .RADIO Domain Names Ends Oct.31, 2017 – The Time to Register Is Now!
    Now until Oct. 31, 2017, the European Broadcasting Union (EBU) is offering a “Special Limited Registration Period” – a pre-launch opportunity for the registration of .RADIO domain names by radio broadcasters, radio…
Rank this Week: 94

Deeplinks Blog

Deeplinks Blog

Covers bloggers' rights, DMCA, DRM, intellectual property, privacy and security issues. From the Electronic Frontier Foundation.

https://www.eff.org/deeplinks
  • Oct 17

    South Dakota Civil Liberties Groups Urge Senator Thune to Put the Brakes on SESTA

    South Dakota Civil Liberties Groups Urge Senator Thune to Put the Brakes on SESTA
    A coalition of civil liberties groups in South Dakota is sending a clear message to Senator John Thune: don’t turn your back on our right to assemble online. The ACLU of South Dakota, Indivisible 605, Indivisible Rapid City, and Queer…
  • Oct 17

    Alice Saves Medical Startup From Death By Telehealth Patent

    Alice Saves Medical Startup From Death By Telehealth Patent
    Justus Decher, a veteran of the U.S. Army, has a motto he uses when faced with adversity: “Don’t get even, get Justice.” A health scare in 2010 saw Justus going to the emergency room about 20 times for observation. Each time…
  • Oct 17

    Whistleblower Protections in USA Liberty Act Not Enough

    Whistleblower Protections in USA Liberty Act Not Enough
    The USA Liberty Act fails to safeguard whistleblowers—both as federal employees and contractors—because of a total lack of protection from criminal prosecution. These shortcomings—which exist in other whistleblower…
Rank this Week: 119

IPBiz

IPBiz

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

http://ipbiz.blogspot.com/
  • Oct 17

    COACH prevails in SD Texas; Huawei prevails in ED Texa

    COACH prevails in SD Texas; Huawei prevails in ED Texa
    In Coach v. Trendy Texas, 2017 U.S. Dist. LEXIS 171103 :Pending before the court is a motion for default judgment and permanent injunction againstdefendant Trendy Texas, Inc. ("Trendy"). Dkt. 20. Trendy has not responded to the motion.…
  • Oct 17

    CAFC affirms 101 patent ineligibility in SECURED MAIL SOLUTIONS LLC

    CAFC affirms 101 patent ineligibility in SECURED MAIL SOLUTIONS LLC
    A decision of CD Cal was affirmed by the CAFC in Secured Mail Solutions, 2017 U.S. App. LEXIS 20105.Alice is cited:In Alice, the Supreme Court applied a two-step framework for analyzing whether claims are patent-eligible under section 101.…
  • Oct 17

    CAFC affirms PTAB's inter partes review decisions in Boundary Solution

    CAFC affirms PTAB's inter partes review decisions in Boundary Solution
    Within Boundary Solutions v. CoreLogic, 2017 U.S. App. LEXIS 20214 (CAFC) :Rather than look to whether individual elements of the Asserted Claims are present in the prior art, the actual question we must address is whether the PTAB's…
Rank this Week: 167

IPWatchdog.com | Patent Copyright…

IPWatchdog.com | Patent Copyright Trademark

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

http://www.ipwatchdog.com
  • Oct 17

    Allergan’s RESTASIS® patents declared invalid by Eastern District of Texa

    Allergan’s RESTASIS® patents declared invalid by Eastern District of Texa
    Judge William C. Bryson of the United States Federal District Court for the Eastern District of Texas found that Allergan's RESTASIS® patents were infringed by Teva Pharmaceuticals USA, but that Teva had demonstrated invalidity of those…
  • Oct 17

    McCormick and the Separation of Powers Constraints of Patent Invalidation

    McCormick and the Separation of Powers Constraints of Patent Invalidation
    Since patents belong to a class of private property rights, the adjudication of patent validity, infringement and damages have been allocated to Article III courts under common law. Even where courts of equity determine patent damages, the…
  • Oct 17

    The Patent Litigation Landscape in the Wake of TC Heartland & Cray

    The Patent Litigation Landscape in the Wake of TC Heartland & Cray
    In the wake of the Supreme Court’s decision in the TC Heartland case, as well as the Federal Circuit’s decision in In re Cray, many attorneys are speculating about how these decisions will change the patent litigation…
Rank this Week: 149

Hollywood, Esq.

Hollywood, Esq.

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

http://www.hollywoodreporter.com/blogs/thr-esq
Rank this Week: 166

Shades of Gray

Shades of Gray

Analyzes current developments in copyright law, including case law, legislation, pleadings, discovery, motion practice, pretrial and trial procedure, and Copyright Office practice. By Naomi Jane Gray.

http://www.shadesofgraylaw.com/
  • Nov 2

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case
    Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action.  The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
  • Nov 2

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

    A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case
    Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action.  The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
  • Jun 11

    Shades of GrayerNext Stop: IP Domination

    Shades of GrayerNext Stop: IP Domination
    We are pleased to announce the formation of Shades of Gray Law Group, P.C., a boutique law firm focusing on intellectual property and commercial prosecution, litigation, and counseling, with a particular emphasis on copyrights and trademarks.…
Rank this Week: 138

Software Intellectual Property…

Software Intellectual Property Report

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

http://swipreport.com/
  • Oct 16

    Telephone Call Processing Claims Patent-Ineligible

    Telephone Call Processing Claims Patent-Ineligible
    Various claims of two patents covering telephone call processing were found to be directed to respective patent-ineligible abstract ideas: “sequentially dialing a list of telephone numbers to overcome a busy signal,” and…
  • Oct 13

    Pleading Joint Patent Infringement

    Pleading Joint Patent Infringement
    Pleading joint patent infringement of a method claim requires alleging that one defendant controlled the action of a third party or that two parties were engaged in a joint venture. In Sonrai System, LLC v. AMCS Group Inc., No. 16 C…
  • Oct 11

    IPR Estoppel Extends to Non-Petitioned Ground

    IPR Estoppel Extends to Non-Petitioned Ground
    Hewlett Packard Enterprises (“HP”), accused of infringing U.S. Patent No. 6,218,930 owned by Network-1 Technologies, Inc. (“Network-1”), was recently estopped from relying on certain references and combinations thereof…
Rank this Week: 207

Copyright, Intellectual Property,…

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

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

http://www.barrysookman.com
Rank this Week: 222

Lipton, Weinberger & Husick Blog

Lipton, Weinberger & Husick Blog

Covers intellectual property issues. By Adam G. Garson.

http://www.garson-law.com/blog
  • Oct 13

    ©   2017 Solid Oak Sketches?

    ©   2017 Solid Oak Sketches?
      If you are a regular reader of our newsletter, you may recall that in 2014 we wrote about a copyright case involving Mike Tyson’s Maori-inspired facial tattoo. In that case, the tattoo artist, Victor Whitmill, sued Warner…
  • Oct 6

    Ask Dr. Copyright – Lawyers Must Learn Cybersecurity

    Ask Dr. Copyright – Lawyers Must Learn Cybersecurity
    Dear Doc: I’m an attorney, and like most other lawyers, I went to law school because just the thought of taking organic chemistry in college gave me the dry heaves. Now the state Supreme Court has added a new rule that all lawyers have…
  • Sep 22

    Ask Dr. Copyright about What is Intellectual Property

    Ask Dr. Copyright about What is Intellectual Property
    Dear Doc: At times, you write about copyrights. At other times, you write about patents, trademarks, trade secrets, and other legal mumbo-jumbo. I’m confused. What’s all of that got to do with intellectual property? Signed,…
Rank this Week: 259

Illinois Business Law Journal

Illinois Business Law Journal

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

https://publish.illinois.edu/illinoisblj/
Rank this Week: 233

Control Protect & Leverage

Control Protect & Leverage

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

http://www.coloradoiplaw.com/resources/blog/
  • Sep 6

    Copyright Infringement and the Snow Globe Cupcake War

    Copyright Infringement and the Snow Globe Cupcake War
    It is important to identify potential intellectual property protection early on By Peter Lemire One thing is for certain in the intellectual property world – no one likes the feeling that someone has stolen something. For business…
  • Jul 18

    I Love You, says Gene Simmon

    I Love You, says Gene Simmon
    What, aside from words and logos, can be trademarked? By Kurt Leyendecker Gene Simmons (of the rock band, “Kiss,” fame) recently filed a trademark application for the registration of a variation of the “devil horns”…
  • Jun 19

    Do your shopping: Not all patents are equal

    Do your shopping: Not all patents are equal
    Employ smart shopping tactics to the patent acquisition process By Kurt Leyendecker Every three to 10 years, the average consumer embarks on the process of buying a shiny new (or new-used) car. There are many decisions to be made as to the…
Rank this Week: 264

Case Clothesed For Fashion Law

Case Clothesed For Fashion Law

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

http://www.caseclothesed.com/
Rank this Week: 206

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/
  • Jan 3

    The End of One Era for EDTexweblog.com - The Beginning of Another

    The End of One Era for EDTexweblog.com - The Beginning of Another
    I wanted to thank my readers over the past 13 years for the time they've taken to read my blog on practice in the Eastern District of Texas, and invite all of you to follow the blog's next, upgraded phase....
  • Dec 29

    2016 EDTX patent verdicts review; 43% Marshall/Tyler win rate; 52% overall; competitor cases increase

    2016 EDTX patent verdicts review; 43% Marshall/Tyler win rate; 52% overall; competitor cases increase
    2016 saw 19 patent trials in the Eastern District of Texas. Plaintiffs won 43% in the patent-heavy Marshall and Tyler divisions, but the overall outcome was 52% due to three plaintiff wins in the traditionally less patent-intensive divisions…
  • Dec 29

    Marshall News Messenger review of local court activity in 2016

    Marshall News Messenger review of local court activity in 2016
    It's the time of year for 2016 reviews, and today's Marshall News Messenger had one I thought readers might be interested in Judicial system in review: Marshall courts saw throng of good, bad activity in 2016 in which the paper's...
Rank this Week: 195

China Hearsay

China Hearsay

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

http://www.chinahearsay.com/
  • Jan 13

    China to allow online sales of prescription drugs…

    China to allow online sales of prescription drugs…
    China to allow online sales of prescription drugs | Fox News fxn.ws/1xkkv7z — I really hope oversight is done correctly © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
  • Jan 13

    China’s Anticorruption Campaign Drives Out M.B.A….

    China’s Anticorruption Campaign Drives Out M.B.A….
    China’s Anticorruption Campaign Drives Out M.B.A. Students – WSJ on.wsj.com/1IGDS0Z – hmm, that never occurred to me © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
  • Jan 13

    +1 RT @SirSteven: sit back a moment and imagine ho…

    +1 RT @SirSteven: sit back a moment and imagine ho…
    +1 RT @SirSteven: sit back a moment and imagine how much better the world so far this year would be without religion. © @chinahearsay for China Hearsay, 2015. | Permalink | No comment | Add to del.icio.us Post tags:
Rank this Week: 174

Delaware IP Law Blog

Delaware IP Law Blog

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

http://www.delawareiplaw.com/
  • Jun 18

    Judge Andrews Construes Terms of Logic Circuit Patent

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

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

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

    Judge Andrews grants motion to dismiss inequitable conduct claim

    Judge Andrews grants motion to dismiss inequitable conduct claim
    Judge Richard G. Andrews recently granted plaintiff St. Jude's motion to dismiss defendant Volcano Corp.'s inequitable conduct counterclaim and affirmative defense. St. Jude Medical v. Volcano Corp., C.A. No. 12-441-RGA (D. Del. June 11,…
Rank this Week: 255

Docket Report Patent Infringement…

Docket Report Patent Infringement Blog

Detailing substantive events regarding patent cases in the district courts.

http://docketreport.blogspot.com/
Rank this Week: 331

Clancco: Art & Law

Clancco: Art & Law

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

http://clancco.com/wp
  • Oct 17

    In the age of political correctness, VARA may be the last hope

    In the age of political correctness, VARA may be the last hope
    Is anyone keeping a list of the number of recent artworks that have either been removed or destroyed due to political correctness? Add Erika Rothenberg’s Hollywood sculpture, The Road to Hollywood, to the list. Rothenberg’s art…
  • Oct 16

    Jury selection to begin in 5Pointz moral rights lawsuit

    Jury selection to begin in 5Pointz moral rights lawsuit
    Jury selection starts Monday in a case where more than 20 artists argue a developer wrongly whitewashed and destroyed a graffiti paradise at the Long Island City spot known as 5Pointz to put up rental towers. More here.
  • Oct 11

    BTW: There’s This Little Known Thing Called Copyright Termination

    BTW: There’s This Little Known Thing Called Copyright Termination
    A few people emailed me this story last month and for some reason it got lost in my inbox. Fret not, here it is. Quite interesting story actually, about termination rights in copyright and visual art. Implicit in this article are quite a few…
Rank this Week: 467

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • Oct 17

    Questioning the Queue

    Questioning the Queue
    Katharine G. Young, Rights and Queues: On Distributive Contests in the Modern State, 55 Colum. J. of Transnat’l L. 65 (2016).Lee Anne FennellA queue, whether it takes the form of a line or a list, is one of the simplest and most…
  • Oct 16

    Protecting the Right to Family Life in Immigration Law

    Protecting the Right to Family Life in Immigration Law
    Kerry Abrams, Family Reunification and the Security State (forthcoming, 2017), available at SSRN.Angela BanksMany Americans believe that one of the functions of United States immigration law is to facilitate family reunification. For…
  • Oct 13

    Three Strikes for Copyright

    Three Strikes for Copyright
    Abhishek Nagaraj, Does Copyright Affect Reuse? Evidence from Google Books and Wikipedia, Mgmt. Sci. (forthcoming 2017), available at abhishekn.com.Jessica SilbeyHow should copyright law change to take account of the internet? Should copyright…
Rank this Week: 350

Patent Docs

Patent Docs

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

http://www.patentdocs.org/
  • Oct 16

    District Court Allows Mohawk Tribe to Join ANDA Litigation, Finds Patents at Issue Invalid

    District Court Allows Mohawk Tribe to Join ANDA Litigation, Finds Patents at Issue Invalid
    By Kevin E. Noonan -- In something of an anticlimax, Federal Circuit Judge William Bryson, sitting by designation on the bench of the U.S. District Court for the Eastern District of Texas, granted Allergan's motion to join the St. Regis…
  • Oct 15

    Nevro Corp. v. Boston Scientific Corp. (N.D. Cal. 2017)

    Nevro Corp. v. Boston Scientific Corp. (N.D. Cal. 2017)
    Duty to Disclose Does Not Include Duty to Respond to Examiner Confusion By Donald Zuhn -- Earlier this month, in Nevro Corp. v. Boston Scientific Corp., District Judge Vince Chhabria of the U.S. District Court for the Northern District of…
  • Oct 15

    Conference & CLE Calendar

    Conference & CLE Calendar
    October 17, 2017 - "The Good, the Bad, and the Ugly: Patent Litigation Forum Selection in the Wake of TC Heartland" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 am to 11:15 am (CT) October 17, 2017 - "Strategic Considerations in…
Rank this Week: 462

Gray On Claims

Gray On Claims

Covers claim construction and patent law. By Justin E. Gray.

http://www.grayonclaims.com/
  • Oct 16

    All Quiet on the Eastern District of Texas Front? (Further Update)

    All Quiet on the Eastern District of Texas Front? (Further Update)
    Over four months have passed since the Supreme Court's TC Heartland decision.  New patent case activity in the Eastern District of Texas remains low, as demonstrated by the chart below, which shows the number of new patent cases…
  • Jun 12

    All Quiet on the Eastern District of Texas Front? (Updated)

    All Quiet on the Eastern District of Texas Front? (Updated)
    Three weeks have passed since the Supreme Court's TC Heartland decision.  New patent case activity in the Eastern District of Texas remains low, as demonstrated by the chart below, which shows the number of new patent cases filed in the…
  • May 30

    All Quiet on the Eastern District of Texas Front?

    All Quiet on the Eastern District of Texas Front?
    The U.S. Supreme Court decided TC Heartland on May 22, just over a week ago.  Since that decision, only four new patent cases have been filed in the Eastern District of Texas (all filed last Friday, May 26).  Below is a chart…
Rank this Week: 397

NorCal IP

NorCal IP

Covers notable new case filings and verdicts within the Northern District of California. By Orrick.

http://blogs.orrick.com/norcal-ip/
  • Oct 16

    Orrick Event (Santa Monica) – Understanding your IP

    Orrick Event (Santa Monica) – Understanding your IP
    It takes more than a great idea to develop a viable product.  Startups need to develop an intellectual property (IP) strategy in order to protect, commercialize and monetize their business.  Join a group of Orrick’s tech and…
  • Oct 13

    Hatch Hints at Changes to Patent Law

    Hatch Hints at Changes to Patent Law
    A Look Forward on Patent Reform, Senator Orrin Hatch, October 2, 2017 Patent law reform legislation reminds us of a horror movie zombie:  it’s never truly dead.  A recent post from Utah Senator Orrin Hatch is the latest…
  • Oct 9

    Is It Too Late For Velcro to Hook the Public on Hook and Loop?

    Is It Too Late For Velcro to Hook the Public on Hook and Loop?
    In an effort to protect itself against genericide—the death of a trademark because the brand name becomes synonymous with the type of product—Velcro’s legal department released a video two weeks ago pleading with the public…
Rank this Week: 418

Kluwer Patent Blog

Kluwer Patent Blog

Provides information and news on European patent law. By Wolters Kluwer.

http://kluwerpatentblog.com
  • Oct 16

    EPO – All Problems Solved?

    EPO – All Problems Solved?
    The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European…
  • Oct 16

    Spanish Supreme Court clarifies that “problem & solution approach” is not legal doctrine

    Spanish Supreme Court clarifies that “problem & solution approach” is not legal doctrine
    For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of…
  • Oct 12

    Uncertainty about Irish referendum on Unified Patent Court

    Uncertainty about Irish referendum on Unified Patent Court
    Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them. This was confirmed by the Department of Business, Enterprise…
Rank this Week: 283

Fair Competition Law Blog

Fair Competition Law Blog

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

http://faircompetitionlaw.com
  • Oct 15

    Our Changing Trade Secrets | Noncompete Laws – Update

    Our Changing Trade Secrets | Noncompete Laws – Update
    For those following noncompete and trade secrets legislative activity around the country, I just updated our Changing Trade Secrets | Noncompete Laws page. (This is a never-ending task with so many states thinking about changing –…
  • Oct 10

    Massachusetts Noncompete Reform: What you need to know – by October 31

    Massachusetts Noncompete Reform: What you need to know – by October 31
    Almost nine years in the making, Massachusetts is on the cusp of noncompete reform. And, decades in the making (yes, decades, thanks to Steve Chow‘s extraordinary efforts), Massachusetts is also poised to update its trade secrets…
  • Aug 13

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (updated for Texas)

    Trade Secrets Laws and the UTSA – A 50 State and Federal Law Survey Chart (updated for Texas)
    This is an update to reflect statutory revisions to Texas’ version of its Uniform Trade Secrets Act statute, which will become effective on September 1.  For more on the changes, see Texas Updates Its Uniform Trade Secrets…
Rank this Week: 289

Photo Attorney

Photo Attorney

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

http://www.photoattorney.com
Rank this Week: 465

Kunkle Law Blog

Kunkle Law Blog

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

http://kunklelaw.com/blog
  • Oct 13

    Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Work

    Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Work
    NewsNet Issue 686 October 12, 2017 Copyright Office Proposes Rule to Establish a Group Registration for Unpublished Works The United States Copyright Office is proposing to create a new group registration option for a limited number of…
  • Oct 10

    Fair Use Guidelines for Teachers – Q&A

    Fair Use Guidelines for Teachers – Q&A
    I’m a Teacher, so copyright laws don’t apply – Right?? Answer “Face to Face” exception Well – sometimes.  While it is true that there are exceptions to the rules regarding use of copyright protected…
  • Oct 10

    Fair Use Guidelines for Teachers – Q&A

    Fair Use Guidelines for Teachers – Q&A
    I’m a Teacher, so copyright laws don’t apply – Right?? Answer “Face to Face” exception Well – sometimes.  While it is true that there are exceptions to the rules regarding use of copyright protected…
Rank this Week: 270

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/
  • Oct 12

    Google May be a Verb, but Verb Use Alone Does Not Constitute Genericne

    Google May be a Verb, but Verb Use Alone Does Not Constitute Genericne
    Just Google it. Can you Google the score? Have you Googled the restaurant’s reviews? These are all common phrases in today’s internet-reliant society, and it’s entirely due to the creation of Google and its widespread…
  • Oct 5

    Federal Circuit Clarifies Venue Requirements for Patent Case

    Federal Circuit Clarifies Venue Requirements for Patent Case
    Until the U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C. §1400(b), to…
  • Sep 28

    Wine and Spirits Are not Always Confusingly Similar

    Wine and Spirits Are not Always Confusingly Similar
      Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest).  It’s not uncommon for litigation to arise…
Rank this Week: 327

Filewrapper.com

Filewrapper.com

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

http://www.filewrapper.com/
  • Oct 9

    Levi's Sues Over Pocket "Tab"

    Levi's Sues Over Pocket "Tab"
    Post By Nicholas Krob Can you use of a piece of fabric no bigger than a fingernail to constitute a trademark infringement?  Levi’s appears to think so. Late last month, Levi Strauss & Co. filed a federal lawsuit in San…
  • Sep 29

    Broadest Reasonable Interpretation is NOT Broadest Possible Interpretation

    Broadest Reasonable Interpretation is NOT Broadest Possible Interpretation
    Post By Xiaohong Liu In a decision by the Federal Circuit Court of Appeals last week, In re Smith International, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (“the Board”) decision affirming the…
  • Sep 20

    Federal Circuit Emphasizes “Why” is Important Part of Obviousness Rationales in Chemical Patent Case

    Federal Circuit Emphasizes “Why” is Important Part of Obviousness Rationales in Chemical Patent Case
    Post By Jonathan L. Kennedy In a recent decision by the Federal Circuit Court of Appeals, In re Stepan Company, the Federal Circuit reversed the Patent Trial and Appeal Board decision to affirm an examiner’s rejection that claims…
Rank this Week: 391

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/
Rank this Week: 334

Freedom to Tinker

Freedom to Tinker

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

https://freedom-to-tinker.com/
  • Oct 4

    Avoid an Equifax-like breach? Help us understand how system administrators patch machine

    Avoid an Equifax-like breach? Help us understand how system administrators patch machine
    The recent Equifax breach that leaked around 140 million Americans’ personal information was boiled down to a system patch that was never applied, even after the company was alerted to the vulnerability in March 2017. Our work studying…
  • Sep 28

    I never signed up for this! Privacy implications of email tracking

    I never signed up for this! Privacy implications of email tracking
    In this post I discuss a new paper that will appear at PETS 2018, authored by myself, Jeffrey Han, and Arvind Narayanan. What happens when you open an email and allow it to display embedded images and pixels? You may expect the sender to…
  • Sep 19

    Breaking your bubble

    Breaking your bubble
    This is the first part of a two-part series about a class project on online filter bubbles. In this post, we talk about our pedagogical approach and how we carried out the project. To read more about the results of the project, go to Part…
Rank this Week: 308

Seattle Trademark Lawyer

Seattle Trademark Lawyer

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

http://seattletrademarklawyer.com/
  • Sep 19

    Amazon Gives Additional Benefits to Trademark Registrant

    Amazon Gives Additional Benefits to Trademark Registrant
    Amazon gives trademark owners a new reason to register their brands: it’s a ticket to enrolling in the Amazon Brand Registry program. Enrollment gives trademark owners access to enforcement tools within the Amazon marketplace,…
  • Aug 9

    Floodgates on "Offensive" Trademarks Not Open Yet

    Floodgates on "Offensive" Trademarks Not Open Yet
    Section 2(a) of the Lanham Act bars registration of trademarks that may “disparage” persons, institutions, beliefs, or national symbols, or bring them into “contempt, or disrepute” (the “disparagement”…
  • May 16

    Best IP Practices for the Small Business Owner

    Best IP Practices for the Small Business Owner
    I often get trademark and copyright questions from startups or small business owners. Though one size doesn’t fit all, there are some common things to think about when getting your IP house in order. 1. Consider registering your…
Rank this Week: 351

Oregon Intellectual Property Law

Oregon Intellectual Property Law

Covers on intellectual property law, news and events, particularly focusing on stories that directly affect Oregon. By Kenan L. Farrell.

http://oregonintellectualproperty.com/
Rank this Week: 313

Creative Arts Advocate

Creative Arts Advocate

Covers intellectual property, entrepreneurship, technology, social media, fashion and entertainment

http://creativeartsadvocate.com/
  • Sep 6

    (Drum)Sticks and Stones: Free Speech in Trademarks after Matal v. Tam

    (Drum)Sticks and Stones: Free Speech in Trademarks after Matal v. Tam
    The First Amendment and boundaries of free speech are on everyone’s minds these days, and the trademark world is no exception. In what is being considered a touchdown (pun 100% intended) for trademark owners, the Supreme Court recently…
  • Apr 24

    Body Painter, Natalie Fletcher, Discusses her ‘Bodies Across America” Project

    Body Painter, Natalie Fletcher, Discusses her ‘Bodies Across America” Project
    Body artist Natalie Fletcher blurs the line between landscape and portrait painting: using living, breathing canvases, she blends the human body seamlessly into its surroundings. In an exclusive interview with Creative Arts Advocate, she…
  • Apr 5

    2017 Film Festival Schedule

    2017 Film Festival Schedule
    The film festival circuit is a crucial way for independent filmmakers to have their voices heard. Festivals can be a few days long or spread out over a week, and frequently feature musical performances, art installations, and other events, in…
Rank this Week: 401

Copyright Litigation Blog

Copyright Litigation Blog

Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.

http://copyrightlitigation.blogspot.com/
Rank this Week: 439

Patent Lawyer Blog

Patent Lawyer Blog

Covers developments in patent law and litigation. By Stan Gibson of Jeffer Mangels Butler & Mitchell LLP.

http://patentlaw.jmbm.com/
Rank this Week: 310

Internet Cases

Internet Cases

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

http://blog.internetcases.com
  • Feb 16

    Florida court rules that online seller’s terms and conditions were not enforceable

    Florida court rules that online seller’s terms and conditions were not enforceable
    Beware the browsewrap. A Florida state appellate court recently held that an online seller’s terms and conditions, appearing in a “browsewrap” agreement linked-to from the bottom of its web pages, were not enforceable.…
  • Nov 28

    Quora gets Section 230 victory in the Tenth Circuit

    Quora gets Section 230 victory in the Tenth Circuit
    Pro se plaintiff Silver filed suit in federal court in New Mexico against the online question-and-answer website Quora, alleging that statements made by two different individuals concerning his professional services were defamatory. Quora…
  • Sep 15

    Website operator faces copyright liability over use of allegedly infringing third party add-on

    Website operator faces copyright liability over use of allegedly infringing third party add-on
    The recent case of Live Face on Web, LLC v. Biblio Holdings LLC illustrates some important risks of which any purchaser of third-party technology services or deliverables should be aware. The defendant in this case faces potential…
Rank this Week: 344

In Between Cases

In Between Cases

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

http://harvardlaw74.com
  • Jul 27

    My Team

    My Team
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  • May 10

    Required Reading 2015 for HarvardLaw74 Startup Client

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

    Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage

    Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage
    “There is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination, that Kleiner Perkins acted with malice, fraud or oppression,” wrote Judge Harold Kahn.…
Rank this Week: 457

IP in Brief

IP in Brief

Comments on developments in copyright and trademark law. By Andrew Berger.

http://www.ipinbrief.com
  • Jun 30

    Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement

    Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement
    On September 17, 2012, I along with my colleague Don Prutzman presented a program at the firm entitled How to Protect Your Intellectual Property from New Forms of Online Infringements and Brand Attacks. I outlined why online infringement is a…
  • Apr 15

    Will Moderate a Panel Dealing with Misuse of Social Media at Trial

    Will Moderate a Panel Dealing with Misuse of Social Media at Trial
    I will moderate a panel entitled “Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age of Social Media” at the Litigation Counsel of America’s 2015 Spring Conference & Celebration of…
  • Mar 19

    Proving and Disproving Trade Secret Claim

    Proving and Disproving Trade Secret Claim
    Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation.
Rank this Week: 381

chosaq

chosaq

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

http://chosaq.net
  • Jan 16

    Japan Times article on recent net related legislative development

    Japan Times article on recent net related legislative development
    A quick pointer to a Japan Times article about some of the issues mentioned in my last entry. Chris Salzberg, of Global Voices and Gyaku.jp fame, was so nice to include a quote from a recent conversation we had about this issue :-)
  • Jan 3

    Japan to outlaw downloading illegally reproduced content?

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

    A long overdue update

    A long overdue update
    Now that has taken a while! More than 4 months without a single entry—luckily enough, my stats tool reminds me from time to time that people still find their way to this blog. Traffic hasn’t really gone down over the last four months, and…
Rank this Week: 335

Erik J. Heels

Erik J. Heels

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

http://www.erikjheels.com/
  • Oct 17

    * When To File Patents In Europe And China

    * When To File Patents In Europe And China
    17 Seconds #41 The most important thing for startups to do is to inject IP thinking into their product launch process. Before any new product (or an improvement to an existing product) is launched (i.e. sold, offered for sale, publicly used,…
  • Sep 17

    * Intentional Patents, Intentional Marketing

    * Intentional Patents, Intentional Marketing
    17 Seconds #40 , Intentional IP = Intentional Patents + Intentional Trademarks Clocktower Law‘s approach to patent law and trademark law is to encourage our (mostly startup) clients to inject IP planning into the product launch process.…
  • Aug 22

    * Rename Yawkey Way Yaz Way

    * Rename Yawkey Way Yaz Way
    Red Sox Nation should rally around its founding father, Carl “Yaz” Yastrzemski, and convince Boston Red Sox ownership to rename Yawkey Way to Yaz Way. By Erik J. Heels First published 08/22/2017; ‘Rename Yawkey Way Yaz…
Rank this Week: 615