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EFF Joins the Call for a NIST We Can Trust
It’s looking like we might be on the brink of another crypto war . The first one , in the 90s, was a misguided attempt to limit the public’s access to strong, secure cryptography. And since then, the reasons we need the good security provided by strong crypto have only multiplied. That’s why...
Les Mignardises du Vendredi
Wine and Donuts   Yesterday was Beaujolais Nouveau day and the celebrations may have lasted late into the night. Hopefully, the libations will help France forget the issues that the release by ICANN of two new generic top-level domain names (gTLD), .WINE and .VIN, may...
Versata Software, Inc. v. Callidus Software, Inc. (Fed. Cir. 2014)
By Andrew Williams -- The Federal Circuit made it clear earlier today that district courts should freely grant stays in view of Covered Business Method ("CBM") patent reviews instituted by the Patent Trial and Appeal Board ("PTAB"). In Versata Software, Inc. v. Callidus Software, Inc., the Court...
Back in England
Back in England!  IPKat blog team member is now back in Blighty after his Australia lecture tour .  He just wants to thank his fellow Kats for all their efforts in keeping the blog running smoothly -- and a separate and special "thank-you" to David Brophy for tackling a Google...
When the Time Comes We'll Need to Step Up the Fight Against TPP's Secret, Anti-User Agenda
If you missed our live teach-in yesterday on the Trans-Pacific Partnership (TPP) agreement and its restrictive, anti-user provisions, you can still check out the video of our discussion. It's embedded below. We invited experts from digital rights groups from several TPP...
BREAKING 'GOLDEN BALLS' NEWS: the CJEU sends the case back to OHIM
Alberto Bellan The trade mark decision everybody, including Jeremy and Merpel, was waiting for, ie that of the Court of Justice of the European Union (CJEU) in the GOLDEN BALLS saga  [on which see  earlier IPKat posts  here ,  here ,  here...
Australia Accuses Tobacco Industry Of ‘Regulatory Chill’ In WTO Plain Packaging Case
Australia this week at the World Trade Organization said the tobacco industry is applying a "well-known tactic" of instilling a "regulatory chill" on WTO members' efforts to implement plain-packaging anti-smoking strategies. It also said pro-tobacco countries should not keep putting the...
USPTO News Briefs
By Donald Zuhn -- Prioritized Examination Interim Rule Adopted As Final Last March, we reported on an interim rule implemented by the U.S. Patent and Trademark Office that expanded the time periods for meeting certain requirements for filing a request for Track I prioritized...
U.S. Patent No. 7,594,847: Squad command interface for console-based video game
U.S. Patent No. 7,594,847: Squad command interface for console-based video game Issued Sep. 29, 2009, to Microsoft Summary: The ‘847 patent provides for a squad-based game whereby the player can select characters and give commands which the computer...
Antares Pharma, Inc. v. Medac Pharma Inc. (Fed. Cir. 2014)
By Andrew Williams -- When can a sufficient disclosure for patentability purposes nevertheless fail to adequately "describe" the claims of a patent? According to the Federal Circuit in a case issued this week, when the claims are added in a broadening reissue application. In Antares...
EFF Statement on the Senate Failing to Advance the USA Freedom Act
We are disappointed that the Senate has failed to advance the USA Freedom Act, a good start for bipartisan surveillance reform that should have passed the Senate. The Senate still has the remainder of the current legislative session to pass the USA Freedom Act. We continue to...
EFF Fights Government's Effort to Get Cell Location Records Without a Warrant
Once again, a federal court will decide whether police can track your movements over an extended period of time without a search warrant. Federal and state courts have divided over whether the Fourth Amendment requires police seek a search warrant to obtain historical cell site...
Appeals Court Rules in Favor of Anonymous Speech in California Prop. 35 Case
ACLU of Northern California, EFF Prevail in Appeal Over Internet Restrictions for Registered Sex Offenders San Francisco - The Ninth Circuit Court of Appeals ruled today that Proposition 35, a 2012 California ballot initiative that would have restricted the rights of registered sex...
New, Free Certificate Authority to Dramatically Increase Encrypted Internet Traffic
Non-Profit to Offer One-Click Process to Implement Secure Web Browsing San Francisco - The Electronic Frontier Foundation (EFF) is helping to launch a new non-profit organization that aims to dramatically increase secure Internet browsing. Let's Encrypt is scheduled to offer free...
ITU Looks Into Issues Of Counterfeit, Substandard ICT Products
This week, the International Telecommunication Union is holding an event highlighting the UN agency's entry into what it describes as the growing problem of counterfeit and fake information and communication technology (ICT) products. Officials from the neighbouring World Intellectual...
The finances of the European Patent Office - Merpel takes a look
Merpel was in the process of deciding between duck with animal derivative sauce and fisherman’s feast when another type of derivative caught her eye.  Leaving her saucy decision to the side, she though she’d paw through the 2013 financial statements of the European...
"IP in Transition: Desperately Seeking the Big Picture"
IP in Transition: a Kat speaks* IPKat blogmeister Jeremy has now just finished delivering , in the Brisbane offices of Fisher Adams Kelly,   the fourth and final version of "IP in Transition: Desperately Seeking the Big Picture", this year's Francis Gurry Lecture.  This event has been...
Monday Melange
The AmeriKat ready to go for the final round of comments on the UPC prototype Countdown to final comments on UPC prototype:  Further to the AmeriKat's posts here about the testing of the Unified Patent Court's online prototype, comes news that the final workshop will be held in Munich...
The USA Freedom Act: What's to Come and What You Need to Know
Update, Nov 18: The USA Freedom Act does not renew the entirety of the Patriot Act , which consisted of over 100 sections changing numerous electronic surveillance laws. The USA Freedom Act does extend three provisions of the Patriot Act: the " lone wolf " provision, the " roving wire tap...
Bleg: Help Us Prepare For the Blog’s 10 Year Blogiversary
Photo credit: Happy 10th Anniversary gold mail letter illustration design over white // ShutterStock This blog launched on February 8, 2005, meaning that our 10th anniversary is just a couple of months away. Where did the time go??? With our big milestone looming, we’re cooking...
US IP Industry Meeting With Indian Judges A “Ruse”, Activists Say
Public health activists and others have been watching closely in recent months as United States government and industry officials meet steadily and intensively with Indian counterparts to press change in that country's intellectual property policy toward greater protection and recognition...
Kenyan Community Benefits From Its Genetic Resources
In Kenya, residents living around Lake Bogoria in Baringo County have received Kenya shillings 2.3 million, about USD 26,000, as royalties paid by a Danish bio-enzyme company.
Never too late! If you missed the IPKat last week
Did you miss the IPKat last week? Don’t worry, because our good friend   Alberto Bellan is back with his 20 th round-up of all the Kat-items that were posted while you were away. * "Desperately seeking the Big Picture": live and on stream ... Last week IPKat’s blogmeister Jeremy...
Conference & CLE Calendar
November 19, 2014 - "Navigating the Shoals between the PTAB and District Court" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) November 20, 2014 - "PTAB Invalidity Proceedings -- Lessons Learned in the First Two Years" (McDonnell Boehnen Hulbert &...
Japanese Translation of German Constitutional Court Decision on European Stability Mechanism II
I recall my Japanese translation of the 2012 decision of the German Constitutional Court on the European Stability Mechanism, which I published last year on this blog . That decision was about the plaintiffs’ request for a temporary injunction. Now I will be talking again at the Japanese...
WIPO Committee On Development Solves Two Standing Issues, Breaks Cycle Of Disagreement
After months of repeated difficulties in WIPO committees plagued by stalled decisions or inability to agree on future work, the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) appears to have turned the odds and managed to...
Webinar on Inter-Partes and Post-Grant Reviews
Technology Transfer Tactics will be offering a webinar entitled "Inter-Partes and Post-Grant Reviews: How to Protect Your University IP" on December 16, 2014 from 1:00 to 2:00 pm (ET). Shawn Ambwani, Chief Operating Officer of Unified Patents, Dipanjan "DJ" Nag, CEO and...
Victory! Court Finally Throws Out Ultramercial’s Infamous Patent on Advertising on the Internet
On September 9, 2009, a patent troll called Ultramercial sued a bunch of Internet companies alleging infringement of U.S. Patent 7,346,545 . This patent claims a method for allowing Internet users to view copyrighted material free of charge in exchange for watching certain advertisements...
Quality, Not Quantity (Unless You’re a Fusion Center, Spending Taxpayer Money)
Who pays for government surveillance? Taxpayers. And we should all heed the age-old message:  buyer beware. Fusion centers are an excellent example of why. The point of fusion centers is to enable intelligence sharing between local, state, tribal, territorial, and federal agencies. But...
Bad Idea: Overdisclosing People’s Positive STD Status–Doe v. Successfulmatch
This is a privacy lawsuit brought by people who signed up for a dating site ( Positive Singles ) for people with STDs. Plaintiffs allege that Successfulmatch, the company that operates the site, made numerous privacy representations stating in its website copy that it “care[s] about [users’]...
WHO In Race To Find Promising Ebola Treatments As Many Products Ruled Out
Proposals for products to help fight Ebola are coming in to the World Health Organization, but few look promising so far, an official said today. Meanwhile, efforts are on to establish testing sites for potential products, and thinking is still in the early stages on intellectual property rights for...
BIO IPCC Panel Discusses Impact of Myriad-Mayo Guidance
By Donald Zuhn -- Yesterday, we reported on a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsel's Committee fall conference, which took place earlier this week in Nashville, TN, in which the U.S. Patent and Trademark Office provided a status update...
Digital Homicide Studio v Fair Use
Ken White (aka Popehat) has a nice piece up this week with more detail on the (false) claims by indie game developer Digital Homicide against game reviewer/critic Jim Sterling. I mentioned earlier this week that DH were abusing the over-generous YouTube takedown provisions...
WIPO’s Assistance To Developing Countries: Taking Forward The Unfinished Reform Agenda
At this week’s Committee on Development and Intellectual Property (CDIP), WIPO Member States continue to debate next steps on the unprecedented 2011 External Review of WIPO’s assistance to developing countries. With a new Deputy Director General for the WIPO’s Development...
African IP Body Steps Up Regional Effort To Adopt Plant Protection Protocol
The African Regional Intellectual Property Organization (ARIPO), with the help of the United States and an international plant variety organisation, is working to grow regional support for a controversial draft law. The draft protocol would boost protection for new plant varieties...
USPTO Provides Update on Status of Revised Myriad-Mayo Guidance
By Donald Zuhn -- During a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsels Committee (IPCC) fall conference, which took place this week in Nashville, TN, the U.S. Patent and Trademark Office provided a status update regarding forthcoming...
Senator Reid Moves Forward With NSA Reform Bill
We're pleased to see Sen. Harry Reid move toward a final vote on the Senate version of the USA FREEDOM Act , S. 2685. EFF has consistently urged the Senate to move forward on the bipartisan bill since it was first introduced in July. The USA FREEDOM Act is a good first step towards...
U.S. Patent No. 7,637,817: Information processing device, game device, image generation method...
U.S. Patent No. 7,637,817: Information processing device, game device, image generation method, and game image generation method Issued Dec. 29, 2009, to Sega Summary: The ‘817 patent describes a method of playing a game with a gun-like controller which uses infrared light to...
Wednesday Whimsies
Forget 99 flakes, the AmeriKat  is more of a snow cone kind of gal IP judge seen getting a sweet treat? The AmeriKat has spies filtering in the latest news and IP intrigue from across London and the world. Yesterday morning, one of her black messenger crows called...
Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)
By guest blogger Tyler Ochoa What does former Panamanian dictator Manuel Noriega have in common with former NFL running back Jim Brown and a host of former college athletes?  All of them are suing videogame companies for using their likenesses in videogames...
Limitations And Exceptions As Key Elements Of The Legal Framework For Copyright In The...
In this opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the Judgment of the Court of Justice of the European Union (CJEU) in Case C-201/13, Deckmyn, which departs from the doctrine of strict interpretation of exceptions and limitations in cases in...
Ariosa v. Sequenom -- Ariosa's Responsive Brief
By Kevin E. Noonan -- The Federal Circuit heard oral argument in the Ariosa v. Sequenom case last Friday, and a discussion of that argument will be posted in due course. Having posted on Sequenom's opening brief and the amicus brief filed by BIO, completeness requires a post...
Toy marks under scrutiny: is there a rift between OHIM Appeal Boards?
What could be more appropriate, for a European Kat who is away in the Antipodes, than for him to post this guest item on Community trade mark law from a genuine Aussie who is now back in his native terrain after a stint in London? The Aussie in question is Bill Ladas of King & Wood...
Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)
Photo credit: a conceptual look at hypocrisy, insincerity, cant, bigotry, imposture, duplicity // ShutterStock OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for...
ISPs Removing Their Customers' Email Encryption
Recently, Verizon was caught  tampering with its customer's web requests to inject a tracking super-cookie . Another network-tampering threat to user safety has come to light from other providers: email encryption downgrade attacks. In recent months, researchers have reported ISPs in the...
In re Cuozzo Speed Technologies LLC Federal Circuit Argument -- The Patent Office Asks to...
By Andrew Williams -- Last week, the Federal Circuit heard the first oral argument for the first appeal of an inter partes review ("IPR") final written decision for the first IPR ever filed (IPR2012-00001). The IPR case caption was Garmin USA, Inc. (Petitioner) v. Cuozzo Speed Technologies LLC...
La Retención de Datos de Tráfico en Paraguay Es Espionaje Masivo e Inconstitucional
Este articulo ha sido co-escrito por Maricarmen Sequera, Luis Pablo Alonso Fulchi y Katitza Rodríguez El proyecto de ley de retención de datos de Paraguay obliga a los proveedores de servicios de Internet (ISPs) a conservar, durante 12 meses, los detalles de quién se comunica...
Scorecard Update: We Cannot Credit Skype For End-to-end Encryption
One of the most debated items in the launch version of our Secure Messaging Scorecard is whether communications via Skype are end-to-end encrypted, so that the provider (which is currently Microsoft ) can't access them. In preparing the scorecard, Skype was a hard case for us...
WIPO Committee On Development And IP Opens With Overloaded Agenda
The World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP) opened today with a heavy agenda and open issues that carried over from past sessions. In particular, delegates are expected to find agreement on a list of speakers, which...
Two Copyright-in-Gaming
TotalBiscuit's occasionally released "Content Patch" video series highlights two items of Copyfight interest this time around . First, an update by Rockstar games to their popular Grand Theft Auto: San Andreas release has resulted in a number of songs being removed from the...
Telecoms Fulfilled 90+ Illegitimate Subpoenas from New Mexico
New Mexico law is so devoid of any established authority for this practice, a reasonable prosecutor, upon the exercise of diligent research could determine that the practice was very probably unlawful. - Judge John Paternoster, Eighth Judicial District of New Mexico The...
The Consumer Protection Function of Trade Marks: Just so?
This Kat been has thinking a lot lately about trade mark first principles in connection with his participation, together with fellow Kat Jeremy, in a forthcoming program sponsored by the International Trademark Association (INTA) on the subject of trade marks and overlapping IP rights. One...
Balancing Profits and Human Rights: How ICT Companies Can Lift Their Game
This week EFF attended a meeting of the Human Rights Working Group of the Global e-Sustainability Initiative (GeSI), a global industry forum that includes many of the world's largest IT and communications companies, including AT&T, BlackBerry, HP, Microsoft, Telefónica, Verizon...
Why Make the Secondary Market?
In its "What the Lebron?" episode this month , the Planet Money bloggers ask this secondary-market question in regard to "sneakerheads" who buy and (re)sell Nike sneakers, primarily on eBay. The sneakers, which retail for USD 200-300 a pair, often resell for three times that much...
UK High Court Orders ISPs To Block Trademark-Infringing Websites
In what may be a test case for trademark owners battling counterfeiters, the UK High Court has ordered five internet service providers (ISPs) to block websites that were advertising and selling bogus goods. The ruling could have implications beyond Britain, the court said. ISPs...
Detekt: A New Malware Detection Tool That Can Expose Illegitimate State Surveillance
Recent years have seen a boom in the adoption of surveillance technology by governments around the world, including spyware that provides its purchasers the unchecked ability to target remote Internet users' computers, to read their personal emails, listen in on...
Geneva Conference Looks At Internet Governance ‘At A Crossroads’
“Internet Governance at a Crossroads” was the title of the Geneva Internet Conference, which took place in Geneva this week for the first time.
Lexi Alexander vs the Copyright Cartel
Lexi Alexander, an actor, director, and producer , has very few kind words for the copyright maximalists who dominate Hollywood. In her post yesterday titled "5 Reasons Why I am Pro File-Sharing and Copyright Reform" she lays out her case for exactly why the system is as screwed up as it is...
Les Caprices du Mercredi
OHIM New Fast Track Program The Office for Harmonization in the Internal Market (OHIM) is introducing a faster way to register for a trade mark, Fast Track . The new program will start on November 24 and will be free of charge. Applicants will, however, have to pay all fees...
ACLU of California’s Smart About Surveillance Report: A Smart Way to Fight Local Spying
Think you know how your local cops are spying on you? The ACLU of California’s “ Making Smart Decisions About Surveillance: A Guide for Communities ” is a new resource that can help you figure out what surveillance technology is being deployed in your community—and what you can do...
Lantana's lament: no technical contribution, no patent
Technical contribution? Dream on ...! It may not be Alice v CLS Bank International all over again, but   Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks [2014] EWCA Civ 1463 ,   a Court of Appeal for England and Wales from 13 November, shows...
Seeing stars and non-dominant rabbits: a couple of trade mark decisions and a rant
Seeing stars .  All sorts of things have been occupying this Kat's attention for the past few weeks so he hasn't been able to bring you any thoughts or comments about some of the more interesting Community trade mark (CTM) cases that have come from the EU's General Court...
Fifth Annual Internet Law Work-in-Progress Conference: Initial Participant List
From last year’s Internet Law Work-in-Progress Conference at New York Law School On March 7, 2015, Santa Clara University will be hosting the Fifth Annual Internet Law Work-in-Progress conference . Over 50 Internet Law scholars from around the globe have signed up to come. If...
Launching in 2015: A Certificate Authority to Encrypt the Entire Web
Today EFF is pleased to announce Let’s Encrypt , a new certificate authority (CA) initiative that we have put together with Mozilla, Cisco, Akamai, IdenTrust, and researchers at the University of Michigan that aims to clear the remaining roadblocks to transition the Web from HTTP to HTTPS...
"The claim from Spain is heading down the drain ..." as Bot smacks challenge to unitary patent
"Sin comentarios" -- or should that be "sense comentaris"? Readers of this weblog will know that the Spanish have not been happy about the legality of Europe's new unitary patent and that, back in 22 March 2013, they initiated proceedings before the Court of Justice of the European...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AstraZeneca Pharmaceuticals LP et al. v. Pharmadax USA, Inc. et al. 1:14-cv-07105; filed November 3, 2014 in the District Court of New Jersey • Plaintiffs: AstraZeneca...
Index: Pharma Industry Improves On Access To Medicines, Needs Work On Ethics, Patent...
The 2014 edition of an independent ranking of leading pharmaceutical companies' efforts to help developing countries released today found new initiatives undertaken in the past two years. But it said corruption and insufficient disclosure of existing patents continue to plague the...
November 20 Rally and Forum on Net Neutrality at San Francisco City Hall
EFF Joins Local and National Groups in Call to Protect the Internet San Francisco - The Electronic Frontier Foundation (EFF) is joining a broad coalition of local and national public interest groups for a rally and forum in support of strong net neutrality rules at San Francisco City Hall on Thursday...
LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails
This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the grounds of standing but dismissed the federal claims for alleged violations of the Stored...
The Caravan Has Set Out For Neo-Liberal Capture Of Global Governance
The Net Mundial initiative of the World Economic Forum represents the first time that such a corporate-led venue – although sold as multistakeholder, open, and voluntary, among others – is positioned as being 'the' mechanism for global governance in a specific sector, the Just Net...
Taking escorts' photos from a competitor's website without permission? Not a smart idea, rules Birss J
An incredibly revealing picture of wannabe luxury escort Paulo This morning Birss J issued his decision in Omnibill v Egpsxxx and Carter   [2014] EWHC 3762 (IPEC), a saucy case concerning copyright, escort services and pornographic photographs [unlike his judgment in the Red...
Not So Wild Tangent
Ultramercial sued Hulu and WildTangent for infringing 7,346,545 , which claims receiving payment for a consumer viewing Internet advertising. The district found the patent invalid under § 101. The CAFC balked at that, but reversed itself after the Supreme Court Alice ruling (CAFC...
Ultramercial Inc. v. Hulu LLC (Fed. Cir. 2014)
By Michael Borella -- Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, and without construing the claims, the District Court held that the '545 patent does...
EPO, SIPO, PEEPO! We take a look at a fascinating event
Two of the most fascinating organisations in the world of IP are the European Patent Office (EPO) and its Chinese counterpart (SIPO). Both receive quantities of both criticism and praise for reasons that we need not adumbrate here, and both have been talking to one another in what looks a...
Damages for trade mark infringement: the "user principle" and a Haconian ruling
How much should an infringing user of another's intellectual property right be made to pay for the infringement? This question can never be comfortably answered by a one-size-fits-all rule since the following situations illustrate the different scenarios that may have to be faced: * a...
Webinar on Patent Eligibility Post-Alice Corp.
Strafford will be offering a webinar/teleconference entitled "Demonstrating Patent Eligibility Post-Alice Corp. Decision -- Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinions" on December 8, 2014 from 1:00 to 2:30 pm (EST). Michael L. Kiklis and Stephen...
Webinar on IP Due Diligence
Strafford will be offering a webinar/teleconference entitled "IP Due Diligence in M&A Transactions -- Conducting IP Investigations and Leveraging Results During Deal Negotiations " on December 11, 2014 from 1:00 to 2:30 pm (EST). Carey C. Jordan of McDermott Will & Emery...
AT&T Ditches Tracking Header Program; Verizon Still Refuses
Julia Angwin reported late Thursday that AT&T is dropping their tracking supercookie program . This comes in the wake of massive customer pressure over the discovery that AT&T and Verizon were quietly inserting unique tracking identifiers in their customers' web browsing and...
Patents In, Garbage Out? When machine translation mangles the prior art
Voltaire had it right when he said: “Woe to the makers of literal translations, who by rendering every word weaken the meaning.” Was he foreseeing the unfortunate results of feeding a Japanese specification through Google Translate? Probably not, but he had a point nonetheless...
WHO Influenza Preparedness Report Shows Companies Not Fulfilling Obligations
The World Health Organization Pandemic Influenza Preparedness (PIP) Framework is at risk due to some companies not fulfilling their obligations, a new WHO report says.
Les Fantaisies du Vendredi
I am shamelessly copying Eleonora’s idea of using one’s mother tongue for the title of the Whimsies and Fantasies posts, as I find it to be a wonderful way to hint that the Kats are an international bunch. So, while Jeremy is Down Under, here are my fantaisies . Garcia v. Google, to be...
Unsealed Filing Shows DOJ Misled Appeals Court About National Security Letter Gag Orders
A court filing unsealed late Wednesday shows that the U.S. Department of Justice (DOJ) made a highly misleading argument to an appeals court in October during a hearing on the constitutionality of National Security Letters (NSLs). On October 8, the Electronic Frontier Foundation argued...
Are Parents Liable For Their Children’s Online Pranks?–Boston v. Athearn
Dustin Athearn, who was 13, decided to “have some fun” at a “friend’s” expense. He did what any modern teenager does to poke fun at someone: he created a fake Facebook page in their name. Along with a friend Melissa, Dustin created an email address for his target, Alexandria...
Mr Kohl and his ghostwriter... the Regional Court of Cologne decides
As he was: Dr Helmut Kohl as Chancellor According to German media  reports , the Regional Court of Cologne yesterday handed down an interim injunction banning journalist Heribert Schwan (the ex-ghostwriter of former German chancellor...
Apologies: IPKat emails causing problems
In the last 24 hours we have been told by several readers that posts received by email from the IPKat are causing problems when opened in Outlook: the program hangs for anything from several seconds to a minute or two, or even crashes. We are investigating the problem, which only...
Zephyr Of Hope For Longstanding Issues At WIPO Committee On Development And IP
A lighter mood seems to have set in at the World Intellectual Property Organization Committee on Development and Intellectual Property (CDIP), after a year of what was qualified as a cycle of disagreements by some. Although delegates reiterated previous positions on...
The Net Neutrality Battle Isn’t Over, and Californians Are Speaking Out
The San Francisco Bay Area has been most vocal in the fight for net neutrality, and there's a reason: Internet openness is crucial to the trailblazing new artists, technologies, and businesses that thrive in this state. And San Francisco’s own Mayor Ed Lee has been an...
FBI's "Suicide Letter" to Dr. Martin Luther King, Jr., and the Dangers of Unchecked Surveillance
The New York Times has published an unredacted version of the famous “ suicide letter ” from the FBI to Dr. Martin Luther King, Jr. The letter, recently discovered by historian and professor Beverly Gage, is a disturbing document. But it’s also something that everyone in the United States...
Americans Want More Privacy from Companies and Government
Pew released a report today detailing the extensive privacy concerns of Americans. The report, which surveyed a nationally representative sample, highlighted their skepticism towards both corporate and government data collection, Americans' enthusiasm for privacy, and...
European Conference Promotes Use Of Standards As A Tool For Innovation
BRUSSELS – European experts in research, industry and policymaking at a recent conference here discussed the importance of integrating standards, research and business into the cycle of innovation in Europe.
Dimensions from patent drawings
EPO decision T 1488/10 considers a new twist on a hoary old question: can one rely on measurements taken from a prior art drawing to invalidate a patent? The twist in this case was that the drawing in question had some measurements indicated for the device shown, just not...
Toy marks under scrutiny: is there a rift between OHIM Appeal Boards?
What could be more appropriate, for a European Kat who is away in the Antipodes, than for him to post this guest item on Community trade mark law from a genuine Aussie who is now back in his native terrain after a stint in London? The Aussie in question is Bill Ladas of King & Wood...
"Desperately seeking the Big Picture": live and on stream ...
Today (for those of you who are in Australia, at any rate) IPKat blogmeister Jeremy will be delivering this year's Francis Gurry Lecture on Intellectual Property -- the sixth in the series -- under the title ""IP in Transition: desperately seeking the Big Picture". Details of this lecture...
The Art of Asking for "The Art of Asking"
Once upon a time, Amanda Palmer did a Kickstarter . That succeeded wildly, and turned into tours and various forms of art and music and eventually a TED talk on "The Art of Asking" . Through it all, AFP has relentlessly pushed her vision of a world in which people pay for art they love . To...
China’s First Intellectual Property Court Makes Its Debut, Two More To Follow
The following is a contributed summary of recent news in China from various sources. The Beijing Intellectual Property Court, China’s first specialised IP court, came into being on 6 November, for which a ceremony unveiling the court’s nameplate was held at the court’s domicile in the...
Wrong Address
Texas gets a lot of patent cases, but the judges there are as incompetent as in the rest of the country. In Azure Networks v. CSR , East Texas Judge Michael H. Schneider got bamboozled into an ersatz claim construction for "MAC address" during an assertion of 7,756,129 , claiming a...
Hard Bargaining In IP Chapter Of Trans-Pacific Partnership, Trade Ministers Say
Intellectual property is still one of the most complex and challenging areas of the Trans-Pacific Partnership (TPP), as some countries are holding fast to high levels of IP protection to promote innovation and creativity, while others continue to seek a greater emphasis on access to ideas...
Monday Meraviglia
An ancillary right over news content also in Italy?   IPKat readers will remember that a few days ago Spain adopted a major reform of its IP system. Similarly to what happened in Germany last year, from 1 January 2015 also Spain will have an ancillary right over news content. And...
California Anti-Spam Law Doesn’t Require Sender’s Name In The ‘From’ Line or Domain Name
While spam litigation generally has diminished, plaintiffs continue to push claims under California’s anti-spam statute. Federal court decisions were mixed on what types of California’s anti-spam claims are preempted by CAN-SPAM (whether plaintiffs had to allege fraud or...
The White House Gets It Right On Net Neutrality. Will the FCC?
Over the past year, millions of Internet users have spoken out in defense of the open Internet. Today, we know the White House heard us. In a statement issued this morning, President Barack Obama has called on the Federal Communications Commission to develop new “net...
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