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In re Baxter International, Inc. (Fed. Cir. 2012)
By Kevin E. Noonan -- In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be decided by the Supreme Court. Specifically, what...
Hey ITU Member States: No More Secrecy, Release the Treaty proposals
The International Telecommunication Union (ITU) will hold the World Conference on International Telecommunications ( WCIT-12 ) in December in Dubai, an all-important treaty-writing event where ITU Member States will discuss the proposed revisions to the International...
Oracle v. Google - JMOL Briefs on Patent Infringement
Not surprisingly, the Court has kicked out Google's JMOL on ownership and registration of the copyrights by Oracle. ( 1165 [PDF; Text ]) This was always a bit of a stretch, more because of timing than the actual issues raised. Had Google challenged the registration much earlier in the...
From the Courtroom, Day 19, Oracle v. Google, Jury Questions ~pj - Updated
The jury continues to deliberate in the patent phase of the Oracle v. Google trial. They just sent in a question, basically asking if they are allowed to consider an aspect of Dr. Terence Parr's testimony as evidence that Android does not do what the '520 patent describes, which of course...
New Project on "Unjustified Threats" Provisions
While researching whether there are any new developments relating to section 21 of the UK Trade Marks Act 1994, the so-called "unjustified threats provision" (a friend and fiend of many UK trade mark practitioners), this Kat came across this information   concerning an...
Trademark Trolling by SEO Consultant Provides Cautionary Anti-SOPA Tale (and Other...
By Eric Goldman Premier Pool Management Corp. v. Lusk, 2012 WL 1593206 (E.D. Cal. May 4, 2012) Have I mentioned...
South Africa Hopes New Bill Brings Traditional Knowledge Protection
The Intellectual Property Laws Amendment Bill currently in the in-tray of South African President Jacob Zuma and awaiting a signature, holds the hope that it will finally pave the way for the protection of the country's most famous red tea, Rooibos, as well as other local staples. Related...
Binding, but not to be followed blindly: some fresh air for Aerotel
Virtual reality has evolved from a paradox to a well-understood expression in colloquial English, but that wasn't much comfort for Really Virtual. In Really Virtual Co Ltd v UK Intellectual Property Office [2012] EWHC 1086 (Ch), John Baldwin QC, sitting as a Deputy Judge of the...
Examiner Interviews 101
May 30: Good looking upcoming seminar on Examiner Interviews being held simultaneously in DC (live), NYC, Chicago and Boston.  Cost is only $25 for Patently-O readers who use the code NLC530 and includes lunch. [ LINK ] Speakers are Kevin Greenleaf...
Wednesday Whimsies II
Top Brass: the Kat duets with Bird & Bird ... What do IPKats do in their summer holidays? This Kat goes back to school -- the 12th annual IBC Intellectual Property Summer School -- or at any rate for a little bit of it.  The school's setting is the congenially idyllic Downing...
Oracle v. Google - Stipulation on Copyright Damages Approved
The parties have just submitted a proposed stipulation on copyright damages, and Judge Alsup has already accepted it. The ordered stipulation:
Nokia v IPCom - still not over...
This guest Kat steps briefly out of his comfort zone to bring his dear readers slightly belated news of the Court of Appeal decision, handed down on 10 May 2012, in Nokia v IPCom [full citation:   Nokia OYJ (Nokia Corporation) v IPCom GmbH & Co Kg [2012] EWCA Civ 567 (10...
Oracle v. Google - Patent Infringement Instructions, Damage Phase Witnesses, and the...
The jury is out on the issue of patent infringement, and the instructions issued to the jury ( 1153 [PDF; Text ])are more favorable to Google than originally drafted. Gone are the references to "blind willfulness" and included are the definitions more favorable to Google than to Oracle. The...
CO2 concentrations over 400 ppm measured in Japan
This article at 47news reports on the latest announcement by the Japanese  government on CO2 measurements. For the first time in history since measurements started in 1987, the average was over 400 ppm. The numbers were 401.2 for March and 402.2 for April. Thanks to this tweet by H...
If you can't beat 'em, watch 'em: here's the Observatory Regulation
The Observatory: the Kats will be watching you ... It's not a pretty title, but if you can remember 386 (like the classic 1985 microprocessor ), it shouldn't be too difficult to remember [and here's where you take a deep breath, before reciting ...] "Regulation 386/2012 of the European...
USPTO Seeks Comments on New Sequence Listing Standard
By Donald Zuhn -- The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions. The new standard -- proposed WIPO...
AstraZeneca fine looks fine, says AG Mazák
Of the major news sources, only Reuters and Bloomberg took the trouble to post any news concerning the Advocate General Jan Maz á k's Opinion today that the 52.5 million euro (£41.8 million) fine which the European Commission imposed on AstraZeneca for misleading...
15 Years Later, Prospects For WTO Information Technology Agreement Examined
The World Trade Organization this week celebrated 15 years of a tariff-cutting agreement on information technology products, and issued a publication charting the history of the agreement. Industry representatives invited to a symposium joined voices asking that the agreement be...
From the Courtroom - Day 17 of Oracle v. Google - Closing Statements ~pj - Updated 5Xs
Our first report from the courtroom is here, and it seems real life has thrown a little tack in the road. One of the jurors had car trouble, so after the judge and the lawyers finished their early morning discussions and called for the jury, no jury. So, they waited. When the difficulty couldn't be resolved...
In re Montgomery (Fed. Cir. 2012)
By Kevin E. Noonan -- In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery. The case involved claims to methods for...
Katonomics 17: IP, incentives and growth
It is simply not possible, from the portrait on her website, to know the size of  Doctor Nicola Searle , resident Katonomist of this Cyber-Parish. However, her first subject this week is growth -- something which both humans and felines generally experience without the need for any...
DHS Considers Collecting DNA From Kids; DEA and US Marshals Already Do
Documents just released by US Immigration & Customs Enforcement (ICE) in response to one of EFF’s Freedom of Information Act requests show that DHS is considering collecting DNA from kids ages 14 and up—and is exploring expanding its regulations to allow collection...
Reports from the Oracle v. Google Trial - Day 16 - Drs. August and Mitchell , ~pj - Updated 4Xs
The judge has ruled on the weird Oracle motion [ PDF ] to delay the damages phase of the trial to get a new jury. It's a no from Judge William Alsup, also calling their position on the 9 lines of code and the test files and damages "super extreme". They'll have to present it to *this* jury. There's...
Monday Miscellany II
Cats and cafes ...   Visitors to one of Vienna's newest cafes have more than just other customers to beat to a good seat, as the venue is a home from home for five cats. Cafe Neko is the brainchild of Takako Ishimitsu, a Japanese woman who moved to Vienna 20 years ago. A...
World Summit On The Information Society Review Launches This Week
The information and communications technology (ICT) for development community is meeting in Geneva this week for a series of conferences on the 2003-2005 World Summit on the Information Society. Government stakeholders, civil society, and the private sector will evaluate progress...
EU Court Of Justice Upholds Limits Of Copyright On Software
The European Court of Justice recently reaffirmed the limits of copyright protection in computer software. Related Articles: European Court Of Justice Rules Out Mandatory Filtering Systems At Intermediaries European High Court Hears Case With Impact On Buying Software Online...
Trouble ahead in Mongolia?
The New York Times reports in a longer article about the recent arrest of former Mongolian President Enkhbayar. He is now on a hunger strike, since he thinks that this arrest is aimed at stopping him from campaigning in the upcoming elections. The New York Times doesn’t say anything...
Conference & CLE Calendar
May 15, 2012 - FDA's New Biosimilar Guidances (Law Seminars International) - 3:00 - 4:00 pm (Eastern) May 16, 2012 - Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward (George Washington University Law School and Biotechnology...
Functional Alcohol: The History of Bourbon and the Mystery of Aesthetic Functionality in the Sixth...
The Kats and their 8,997 friends have all been de-herded and gone back to their homes around the world after what appeared to be quite a successful INTA.  It was this Kat’s inaugural debut at the trademark conference (you can find her musings about it here ), and she enjoyed it...
Fat lips and lost writs: CJEU refuses bids by L'Oreal and Helena Rubinstein to register...
What the AmeriKat would look like if she ever tried Botox.  Its not a good look for her. Last Thursday, after seven years of coursing through various boards of appeals and courts in Europe, the Court of Justice for the European Union (CJEU) held in their robust judgment in  Rubinstein...
Lightbulbs in the Desert (Powering the Planet)
That’s the title of a nice 6 minute introduction to the concept of Desertec. Thanks to this tweet by Desertec for the link.
The basic contradiction
How can humanity be both so clever as to develop modern civilization in the first place and so dumb as to burn all the fossil fuel?
Agreement On Future Work For Development Committee Snatched From Defeat At WIPO
In what could be compared to an obstacle course, World Intellectual Property Organization members agreed late at night yesterday on the future work of a committee working on the development dimension of the organisation's activities. Related Articles: WIPO Development Committee...
United States Navy and renewable energy
Dominique Browning of the “Moms Clean Air Force” blog has a very nice guest post at Climate Progress . I highlight that article for the following passage, where it cites Secretary of the Navy Mabus: Mabus pointed out that the Navy has always led in pioneering new sources of fuel...
Chisum Patent Academy Intensive Patent Law Seminar
The Chisum Patent Academy will be offering its next Intensive Patent Law Seminar from July 30 to August 1, 2012 in Seattle, WA. The three-day seminar will focus on recent and important legislative and case law developments in U.S. patent law, including the American...
CLE on FDA Biosimilar Guidelines
Law Seminars International (LSI) will be offering a one-hour telebriefing on the "FDA's New Biosimilar Guidances" on May 15, 2012 from 3:00 - 4:00 pm (Eastern). Timothy J. Shea, Jr. of Sterne Kessler will moderate a panel including Jennifer L. Fox of Brinks Hofer Gilson & Lione and Dr...
Day 15 at the Oracle v. Google Trial ~pj - McFadden, Parr, August - Updated 2Xs
Today's reporter for Groklaw at the Oracle v. Google trial has filed his reports, three of them so far, and they are voluminous. You will enjoy his thorough account of the day's events. I saw the tweeting journalists saying, Oh no, more code. But that's exactly what you want. The journalists...
DNDi Backs WHO ‘Neglected Patients’ R&D Treaty
The Drugs for Neglected Diseases initiative (DNDi) has released a policy brief in support of the proposed R&D convention to be considered at the upcoming World Health Assembly. Related Articles: Neglected Diseases R&D Financing Proposals Shaping Up At WHO Partnership To...
NY Twitter Decision Fails to Recognize Content and Location Data Require a Warrant
A New York judge's broad opinion, ordering Twitter to comply with a  subpoena  (PDF) and turn over account information about one of its users  arrested for disorderly conduct  in connection with an Occupy Wall Street protest, is worse the deeper you dig into it.  The judge ruled...
Fast By Senior WIPO Official Raises Old Staff Questions At UN Agency
A senior official at the World Intellectual Property Organization recently sent an internal letter to WIPO Director General Francis Gurry announcing that he would be undertaking a fast, depriving himself of food during a period of reflection in protest of his treatment as staff after more...
In Memoriam Best Mode
By Jason Rantanen When Congress passed the America Invents Act and President Obama signed it into law, courts were stripped of the power to declare patents either invalid or unenforceable for failure to disclose a best mode.  While it is true that amended section 112 of Title 35 still...
Dealing with some standard anti-renewable talking points: Storage
This post is another excerpt from my recent book, “Energy from the Mongolian desert”, chapter one. In that chapter, I focus on discussing briefly some standard anti-renewable talking points . My book is available as a free PDF-file (or, for people who prefer that, as a $10 print on demand...
USPTO Announces Quick Path Information Disclosure Statement (QPIDS) Pilot Program
By Donald Zuhn -- The U.S. Patent and Trademark Office announced today that it is implementing a pilot program to allow applicants to have an Information Disclosure Statement (IDS) considered after the issue fee has been paid and without having to file a Request for Continued...
Oracle v. Google - Day 14 Filings - JMOL's Denied In Part
On Thursday Judge Alsup rejected a number of items requested by Oracle and Google in their respective motions for judgment as a matter of law. ( 1119 [PDF; Text ]) Judge Alsup denied Google's motion regarding rangeCheck, rejecting the notion that it was de minimis...
An Unmasking Effort Gets Gutted Some More – Art of Living Foundation v. Does
[Post by Venkat Balasubramani] Art of Living Foundation v. Does, 10-cv-05022-LHK (N.D. Cal.; May 1, 2012) I posted earlier about...
New IFPMA-Backed Report On R&D For Diseases In Developing Countries
With the launch of a new report concerning research and development for diseases predominately afflicting developing countries, the International Federation of Pharmaceutical Manufacturers & Associations (IFPMA) today convened a panel of public health specialists to...
The 2012 DMCA Rulemaking: A Primer
Every three years the U.S. Copyright Office considers granting exemptions to the Digital Millennium Copyright Act’s prohibition against circumventing measures that control access to digital copyrighted works. The first hearing in the 2012 DMCA rulemaking proceeding is set for this...
Topix Protected by 47 USC 230--Price v. Gannett
By Eric Goldman Price v. Gannett Co., 2012 WL 1570972, (S.D. W. Va. May 1, 2012) This is a pro...
Oracle v. Google - Day 13 Filings
The patent phase of the trial has now moved far enough along that the Court has presented its first draft of the charge to the jury ( 1108 [PDF; Text ]) and special verdict form. ( Special Verdict Form [PDF; Text ]) The special verdict form, itself, is far more straightforward than the one...
SAS: “Shake-and-Strain” : it's time for functionality again
"Shake-and -strain" -- the secret of functionality of a good cocktail Last week the IPKat posted a quick note ("Not much of an SOS for SAS", here ) on a Court of Justice of the European ruling on copyright in the functionality of computer software. The Kat then commissioned a...
Don’t let this sticky wicket overshadow Internet freedom
An upcoming treaty renegotiation process could prove to be the next great threat to online freedom in the international realm. As we have explained , the World Conference on International Telecommunications – “WCIT” for short, pronounced “wicket” by insiders – will be held in Dubai...
US Legal Academics Call For Congressional Review Of ACTA
An open letter was sent yesterday from 50 American legal academics encouraging members of the United States Senate Finance Committee to exercise their Constitutional responsibility to ensure that the Anti-Counterfeiting Trade Agreement (ACTA) is treated as a binding international...
Rospatent makes it three-in-a-bed for Patent Translate
The IPKat has read with fascination of the agreement which the European Patent Office (EPO) and its Russian counterpart Rospatent have signed in order to "facilitate innovation" by cooperating in the mechanical translation of patents. The EPO press-release (presumably there is a...
With New Privacy Policy, Twitter Commits to Respecting Do Not Track
Under a new policy announced today , Twitter will be suggesting accounts for Twitter users to follow based on data collected from an individual’s browsing habits on websites that have embedded Twitter buttons. While this is sure to garner scrutiny from the press and public, Twitter...
Ungluing Copyright
A friend pointed me to Unglue.it, a project that is raising money to buy the various and patchwork copyrights that are held in what was originally oral literature from Africa . The money raised will be used to buy copyrights in toto so that the work can be (re)released without restrictions (via...
Mongolia Renewable Energy -2012 International Conference opens in Ulaanbaatar
There is a short report in English at the website of the Mongolia Economic Forum about a conference on renewable energy that will run today and tomorrow in Ulan Bator. The article has this to say about President Elbegdorj’s opinion on these matters: In his greetings...
Singapore Builds Patent Capacity Ahead Of New System
The tiny island state of Singapore has begun to ramp up its capacity for patent search and examination ahead of a bold move to adopt a new patent system, one of the proposed major amendments to its Patents Act. The Southeast Asian economic high-flyer is pressing for changes to its laws to...
Survey Finds That Many U.S. Consumers Have Favorable Impression of Plant and Animal...
By Donald Zuhn -- A survey on consumer perceptions regarding food technology indicates that many U.S. consumers have favorable opinions concerning the benefits offered by plant and animal biotechnology. The survey, which was commissioned by the International Food...
Federal Circuit Annual Conference
I’m sorry that I can’t make it to Thursday’s Federal Circuit Judicial Conference at the Grand Hyatt in DC. The program looks excellent, including discussions from most of the Federal Circuit Judges, Supreme Court Chief Justice Roberts...
U.S. Law Professors Cast Further Doubt on ACTA's Constitutionality - State Department Confirms No...
Fifty leading U.S. legal scholars cast fresh doubt on the constitutionality of the Anti-Counterfeiting Trade Agreement in an open letter to the Senate Finance Committee today. ( Press Release ). At issue is whether the Office of the United States Trade Representative (USTR) had authority...
Groupon Defeats Trademark Challenge--Groupion v. Groupon
By Eric Goldman Groupion, LLC v. Groupon, Inc., 2012 WL 1655728 (N.D. Cal. May 8, 2012). Groupion makes CRM software....
Elsevier Loses a Big Name, Publicly
Elsevier took another shot to the face today, with the very public resignation of an associate editor of its journal Genomics . Winston Hide, the now-former editor, is a teacher at Harvard School of Public Health, and his resignation reasoning centered around his feeling that...
Public comment on renewable feed-in tariff in Japan
I just learned from this tweet by Kevin Meyerson that the public comment for the feed-in tariff Ordinance in Japan has started. Here is a link to the relevant page . Comments are possible until June first. I am looking forward to write a couple of things and blogging about it here.
After Sharp Concerns, Cooperation Prevails On UNCTAD’s Mandate For Next Four Years
After the thirteenth quadrennial session of the United Nations body focusing on trade and development, which was to set its mandate for the next four years, delegates reached consensus and avoided major pitfalls, according to several developed and developing country sources...
Wednesday whimsies I
Dogs, bears -- and cats: a word from the Wyse. The IPKat raised this question on Monday when considering the relative positions of PUDSEY BEAR (already registered in the UK) and Pudsey the dancing dog (for which a claim to trade mark protection has been asserted). He has now...
This Week in Internet Censorship: India, Iran, Brazil, Russia, and More
Iran Continues March Towards “Halal Internet” This past weekend, Iran’s minister of telecommunications announced that domestic institutions including banks, telecom companies, insurance firms, and universities are now prohibited from dealing with emails that do not come from...
Granick on CISPA's Deficiencies (With Some of My Own Comments)
By guest-blogger Jennifer Granick (with comments from Eric) [Eric's introduction: Some guest visitors to the blog need no introduction, and...
A Twitter Exception for Defamation?
[Post by Venkat Balasubramani] William Charron pubished a short piece for the Berkeley Journal of Entertainment and Sports Law that...
Oracle v. Google - Day 16 Filings
The further we go into the this trial the heavier the paperwork has become with no fewer than 26 documents on today's list. Because of that volume we will not be able to address all of them in detail or provide them in text, at least initially, but here are the highlights: Motions for Judgment...
TPP: Internet Freedom Activists Protest Secret Trade Agreement Being Negotiated This Week
The U.S. content industry will try anything to preserve its profit margin and power over the creative content market at the expense of the Internet. They will use any tactic that circumvents democratic processes to make new rules for the Internet that favor their interests and not the interests of...
Copycat
Apple tried to get a preliminary injunction against Samsung over design and utility patents, accusing Samsung of infringing its "distinctive design." The district court was unpersuaded, finding, among other faults, that "Apple had failed to show a likelihood of success on the merits." The...
How The Harvard Book Store is Reinventing Retail Bookselling
Writing for Forbes last week, Phil Johnson profiles the modern-day re-creation of the venerable Harvard Book Store . When I moved to Cambridge in the pre-Web days it boasted more bookstores (and ice cream parlors) per square meter than any other place on earth. Awesome...
The Dangerous Meme That Won't Go Away: Using Copyright Assignments to Suppress Unwanted...
By Eric Goldman Scott v. WorldStarHipHop, Inc., 2012 WL 1592229 (S.D.N.Y. May 3, 2012) Copyright law wasn't designed as a...
Oracle v. Google - Some Background on the Copyright Damages Issue
We've all seen the fur flying on the issue of copyright infringement damages with respect to rangeCheck and the decompiled files. It's worth stepping back and putting this into perspective, and it's also worth considering the arguments advanced. First, the perspective. The jury...
Amid “Korean Wave,” South Korea Opens IP Office In The Philippines
The Republic of Korea has opened its fourth satellite copyright office, in the Philippines, in a bid to protect its copyrighted works amid the popularity of Korean entertainment in this Southeast Asian nation. Related Articles: Philippines IP Office: ‘Our Meeting Is Not...
Monday miscellany I
Back from his trip to the International Trademark Association's Meeting last week in Washington DC, this Kat is wasting no time bringing readers back up to speed after what seems like an absolute age without his regular update posts. He had hoped to do plenty of reporting on the event...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al. 1:12-cv-00411; filed April 26, 2012 in the Middle District of North Carolina • Plaintiff: Esoterix Genetic...
Patently-O Bits & Bytes by Lawrence Higgins
Freedom of Speech and Facebook Technology is forever changing, and with technological change there is also legal change. In a recent Virginia District Court case, the judge decided that liking a Facebook page is not protected speech. The judge stated that, "It is the court's...
Oracle v. Google - Weekend Filings
PJ has separately covered the more important filings from the weekend, namely Google's motion for summary judgment on the damages issue with respect to rangeCheck and the decompiled files and Oracle's motion to delay phase 3 of the trial until the copyright liability...
Google Files for SJ on Copyright Damages; Oracle: Could We Wait and Get a New Jury...
Google has filed a motion for Summary Judgment on copyright damages, arguing that Oracle has no evidence that Google gained anything financially that can be linked to rangeCheck or the test files: Oracle has no evidence, and cannot possibly prove, that Google earned any revenue...
Цэлмү € Хайр амлаач үтэй
Another Mongolian pop music Youtube video.
No Breiner
Sheldon Breiner tried to get a patent on networked data collation from far-flung places. With Obzilla riding shotgun, the examiner combined three far-flung references, supplying motivation to combine as "obvious to one of ordinary skill in the art." Rejection affirmed at the BPAI...
New York Judge *Slams* Bittorrent Copyright Plaintiffs – K-Beech; Malibu Media; and Patrick...
[Post by Venkat Balasubramani] K-Beech, Inc. v. Does 1-37, CV 11-3995 (E.D.N.Y.) Malibu Media, LLC v. Does 1-26, CV 11-1147...
Extacy: You Win
Another Mongolian pop music Youtube video, already at close to 400,000 views.
GW and BIO Roundtable on Patent-Eligible Subject Matter
The George Washington University Law School and Biotechnology Industry Organization (BIO) will be holding a public roundtable entitled "Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward" from 2:00 - 5:00 pm on May 16, 2012 at The George...
Patent Institutions Summit
The Stanford Program in Law, Science & Technology and the Berkeley Center for Law & Technology will be co-sponsoring a Patent Institutions Summit on May 21, 2012 at Sanford Law School. The Summit will bring together the USPTO, Federal Circuit, District Courts, and the ITC...
Global Network Initiative Gets an Inside Look at Tech Firms’ Human Rights Practices
On April 18, the Global Network Initiative (GNI) released its annual report documenting third-party assessments conducted in 2011 and 2012 for GNI’s three founding corporate participants: Google, Yahoo! and Microsoft. GNI was formed to bring major Internet companies together...
ICANN IP Advisory Group: Whois, Dot-Brands, Contracts Key Sticking Points In New Domains
Washington, DC – Wary eyes are on the Internet Corporation for Assigned Names and Numbers (ICANN), which on 12 January opened a first window for applications for new generic top level domains (gTLDs), expected to be made public later this month. Related Articles: WIPO...
And the Privacy Invasion Award Goes To …
Who’s playing fast and loose with your data? The Big Brother Awards , billed as the “Oscars for data leeches” by the hackers and privacy advocates who hand out the prizes, shine a high-intensity spotlight on companies and individuals with poor privacy track records. Since 1998...
When Publication of Books Really Did Need Angels
The online world has so expanded the reach of authors and writers, by collapsing the publication and distribution functions into one, that we sometimes forget the challenge that the world of traditional publishing posed for certain groups who were long on literacy but short of funds. One...
Oracle's [Mostly] Denied Motion For JMOL on Fair Use, as text ~ pj Updated 2Xs
I thought you'd like to see the Oracle motion that the Hon. William Alsup denied Wednesday, after a couple of hours of oral argument. I see at least one person tweeting that the judge has ruled that APIs are not copyrightable. He hasn't ruled on that yet. This was something else. You can read...
Wind power from the Gobi desert cost less than 3 yen per kWh
Masayoshi Son has been at the “Clean Energy Summit” in Korea yesterday. This article at the Korea Herald website gives some background on clean energy in that country. For one, the Korean government has a “green budget” of 2 percent of GDP, with the aim of reducing the use of fossil...
Price of solar down to 1460 euro per kW in Germany
Atsushi Murakami just said in this tweet that average prices for rooftop solar in Germany have dropped again massively to 1460 euro per kW. He is a Japanese journalist based in Freiburg, Germany, and knows a thing or two about renewable energy. Last time I blogged about...
An INTA First Timer's Post-Conference Musings: 17 Tips for Next Year's Newbies
As this Kat reflects a bit at 37,000 feet on her trip home from her very first INTA (while patiently waiting for the drink cart to finally make it to her seat row), she thinks this would be a good time to jot down a few of the things that crossed her mind as she networked her way through ten thousand...
Swiss Government Postpones ACTA Signature
Switzerland has postponed signature of the Anti-Counterfeiting Trade Agreement (ACTA) until it has more information from several ongoing processes in Europe, the government said yesterday. Related Articles: New “Final” ACTA Text Published, Open For Signature ACTA In...
EFF to Testify at Hearings on Expanding DMCA Exemptions for Jailbreaking and Video Remixing
Copyright Office to Hear Public Testimony in Washington, D.C. and Los Angeles Washington, D.C. and Los Angeles - Experts from the Electronic Frontier Foundation (EFF) will testify at public hearings held by the U.S. Copyright Office this month, urging officials to renew and expand the critical...
"The Mongoliad" As Business Model
I recently got to hear Neal Stephenson talk at MIT. As usual, he was a pleasure*, and the talk ranged over a wide variety of topics, from why America is in a massive idea deficit to why we should all stand up more and sit down less. What he didn't really discuss, to my disappointment...
Call For Transparency In The Trans-Pacific Partnership Negotiation
In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly...
As WIPO Director Reports On Development Agenda, Developing Countries Demand Full...
A World Intellectual Property Organization committee meeting this week to assess the development dimension of WIPO activities heard the progress report of the director general. Developing countries took the opportunity to claim that the mandate of the committee was not completed, in...
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation (Fed...
By Kevin E. Noonan -- The Federal Circuit reversed a finding of obviousness in Eurand Inc. v. Mylan Pharmaceuticals Inc. (under the caption In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation), taking the occasion to expound...
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