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Ukunono, The Battle of the Ukulele Orchestras Plays its Last Tune
Trade marks and their distinctiveness seem to be the cats meow late this week, and this Kat  thoroughly   enjoyed  Jeremy’s wonderful lounge read on the Sofaworks case . Yet it seems the discussion is all but over; however, this time the case deals with far smaller...
Webinar on Non-Obviousness Post-AIA
Strafford will be offering a webinar/teleconference entitled "Section 103 and Non-Obviousness Post-AIA -- Navigating Timing Changes, Federal Court Treatment, and Secondary Considerations to Meet Patent Validity Requirements" on July 23, 2015 from 1:00 to 2:30 pm (EDT). Thomas L. Irving...
Sofa, so good? How to lose both your two trade marks and still come out on top ...
Sitting comfortably?   The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC), a 29 June decision of Judge Richard Hacon in the increasingly impressive and cost-effective Intellectual Property Enterprise Court, England and Wales, is impressive not...
Friday fantasies
Good day for maple leaf growers?  Well, maybe not quite, but the IPKat's friends at the World Intellectual Property Organization (WIPO) have just told him in  UPOV Notification 117 t hat Canada has ratified the International Convention for the Protection of New Varieties...
Broadcasting Treaty Discussions Open Way To New Convergence On Broad Principles
World Intellectual Property Organization delegates this week have underlined the positive mood which governed the discussions on a potential treaty protecting broadcasting organisations. The topic has been on the agenda of WIPO’s committee on copyright for some 17 years. This week...
Icons, flags and the Hazzards of intellectual property toxicity
Many people who had not previously heard of the Dukes of Hazzard TV series (1979 to 1985)  are now discovering it via the substantial media coverage attending the decision by Viacom subsidiary TV Land to pull the plug on a current re-run on US screens following the tragic...
Uninsured -- and unregistrable: the OAEE 'victims' mark in Greece
The OAEE (initials for Organismos Asfalisis Eleftheron Epaggelmation) or, roughly, Freelancers’ Social Security Organization is (what else) the Greek State’s social security organization for “freelancers” (this includes lawyers in Greece). Exercising its wisdom (at least in trade mark...
Copyright Exceptions And Limitations: Efforts By Chair To Break Status Quo Gather Support
Yesterday, the chair of the World Intellectual Property Organization committee on copyright issued a non-official paper to delegates in an effort to break what appeared at the beginning of the session as status quo as delegations camped on their previous positions.
At WIPO, Performers Make Case For More Help, Visual Artists Seek Resale Right
While the World Intellectual Property Organization committee on copyright was discussing the protection of broadcasting organisations this week, performers lobbied for fair remuneration in the digital age. Visual artists, for their part, campaigned member states for a new treaty to be...
No go for GO: Skechers scupper trade mark applications
In the next few weeks, this Kat will be posting on a number of cases that are still of interest though they are no longer "hot news", these being decisions on which was unable to comment at the time they were published since he was up to his whiskers in conferencing and foreign travel. The first...
Research Shows Internet Shutdowns and State Violence Go Hand in Hand in Syria
EFF has noted and protested when authorities  deliberately cut off  Internet access in times of unrest.  As a restraint on the freedom of expression of those affected, communication blackouts during protests are unconscionable.  But  recent research  by Anita Gohdes, a postdoctoral researcher at...
Motiva LLC v. Nintendo Co. Ltd. Case Dismissed
Motiva LLC v. Nintendo Co. Ltd. United States District Court for the Western District of Washington Case No. 10-cv-349, Filed March 2, 2010 This case was terminated on June 19, 2014.  The parties settled their claims in an out of court settlement agreement. All claims were dismissed...
Greek Tragedy
No, I am not talking about the default. Greece has failed to meet a payment to the IMF today. This post is about the complete shutdown of new solar energy in Greece. A couple of numbers show the extent of that collapse ( from PV Magazine ): In 2012, Greece added 890 MW. In 2013...
King Drug Co. of Florence, Inc. v. SmithKline Beecham Corp. (3rd Cir. 2015)
By Kevin E. Noonan -- Ever since the Supreme Court's decision in FTC v. Actavis in 2013, courts (predominantly district courts) have grappled with the scope of the decision. It was evident that the presence of a large cash payment from the innovator (branded) drug company to...
Asteroid Day
I am late with this. I just learned from this tweet by Neil deGrasse Tyson  that yesterday was asteroid day. There is a campaign that wants to increase awareness about the threat from asteroids. The date is set after the 1908 Tunguska event , which happened on June 30th. The...
The IPKat and his friends: the latest round-up of our IP weblog news
Once every three months or thereabouts, the IPKat and Merpel post an update of the goings-on both on this weblog and on other IP-flavoured blogs to which members of the IPKat's blog team contribute.  There are a couple of items of news relating to the blog team "regulars". First...
U.S. Patent No. 7,584,154: Arbitration of online game results using an arbitration server and...
U.S. Patent No. 7,584,154: Arbitration of online game results using an arbitration server and method Issued Sep. 1, 2009, to Microsoft Summary: The ‘154 patent provides an arbitration service for online gaming. Prior to the game, players register with an arbitration server which retains a...
Q2 2015 Quick Links, Part 2 (Censorship and More)
Photo credit: 3D Quick Link Crossword // ShutterStock Content Regulation * Oxera : The economic impact of safe harbours on Internet intermediary start-ups * South Korea is mandating that all cellphones sold to minors have an app called “Smart Sheriff” that censors their online experience...
Poland To Modify Authors’ Rights Violations Regulation After Constitutional Court Ruling
WARSAW - Poland’s Constitutional Court has released a ruling in which it states that the country’s regulation obliging any entity violating other entity’s author’s rights to pay the threefold amount of due payment is excessive, and, as a result, should be amended. The latest ruling will oblige...
Patent Déjà vu - Hospira v Genentech and another patent dies
There has been a superabundant deluge of patent cases last week, with two decisions from the Court of Appeal and two from the Patents Court.  So it is with slight delay that the IPKat comes to the latest decision in the apparently endless Hospira v Genentech saga.  Hospira is...
Developing Country Broadcasters Ask For International Signal Protection At WIPO
The World Intellectual Property Organization committee on copyright opened this week with an information panel that underlined that broadcasters in developing countries face more or less the same issues than their counterparts in developed countries. Piracy remains a shared issue. This...
Letter from AmeriKat: Spiderman's web ensnares the US Supreme Court in Kimble v Marvel
Try as she might, the AmeriKat is no Spiderman... It was a busy week for the US Supreme Court last week , as it delivered blockbuster judgments on Obamacare and same-sex marriage rights .  No surprise that the Supreme Court's decision in Kimble v Marvel may have...
Federal Circuit Creates New (non-Alice) Hurdle for Software Patents
By: Stuart P. Meyer In the wake of last year’s Supreme Court decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l , 134 S. Ct. 2347 (2014), dozens of courts have declared scores of patents to be invalid as not satisfying the requirements of §101 of the patent statute. The Federal Circuit recently...
Stupid Patent of the Month: Wetro Lan Sues Entire Network Security Industry With Expired Garbage...
Like all of the patents we highlight in our Stupid Patent of the Month series, this month’s winner, U.S. Patent No. 6,795,918 , is a terrible patent. But it earns a special place in the Pantheon of stupid patents because it is being wielded in one of most outrageous trolling campaigns we...
Never too late: if you missed the IPKat last week ...
From the brilliant and fertile brain of our staunch supporter and comrade-at-arms Alberto Bellan comes this week's harvest of last week's Katposts, the 52nd in the series (yes, we've kept them going for an entire year!)  Alberto's summary of the choicest posts from last week, which...
Jumpin' through hoops? A copyright claim that never got off the ground
Here's a note from Katfriend and occasional contributor Kevin Winters,   who takes a look at a recent US copyright dispute that has generated more columns in the popular press than it's ever going to do in the legal literature. One might say that, despite its soaring...
WIPO: Databases To Protect GRs, TK, Useful But Some Controversy
In the quest to find solutions to protect traditional knowledge and genetic resources from misappropriation, some countries have resorted to private databases to be used by patent examiners. Indigenous peoples are wary of the process primarily because they are not sure their...
Conference & CLE Calendar
July 8-10, 2015 - Fundamentals of Patent Prosecution 2015: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law Institute) - San Francisco, CA July 9, 2015 - "Leveraging Post-Grant Patent Proceedings Before the PTAB -- Best Practices for Patentees and Third Parties in...
Special Report: ICANN Reviews Process For New Domains; Names Proposal For IANA Transition...
Experts at last week’s meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Buenos Aires reached a milestone with a final proposal from the ICANN working group for the transition of internet control away from the United States. But global governance without...
Case management decisions in the Lyrica case
The ongoing case between Warner-Lambert (a subsidiary of Pfizer) and Actavis concerning pregabalin (sold by Pfizer under the trade mark Lyrica, and by Actavis under the trade mark Lecaent) seems set to be the case of the year.  There has already been one Court of Appeal...
Conergy Heart Shaped Solar Project
You may have seen this picture. It is a popular choice for people commenting on Twitter about solar. The last time I saw it was on this Tweet by Conergy , at the occasion of a recent decision of the American Supreme Court  on same-sex marriages. This is the second real life example...
Old Carbon
Here is a short elevator pitch video from NASA about global warming: The interesting thing is that it talks about “old carbon”. It explains that the carbon stored in coal was stored there hundreds of millions of years before. And we are releasing it now. It does not discuss the issue from the...
Vietnamese Blogger Le Quoc Quan to be Released
EFF has long condemned the Vietnamese government's crackdown on bloggers, including the imprisonment of high-profile blogger and activist Le Quoc Quan . Our support for freedom of expression in Vietnam has even earned us the attention of the Vietnamese government...
Friday Fun 6/26/2015
Ann Robl In honor of National Take Your Dog to Work Day , we’re sharing this Canine Cleanroom Suit patent . So if you work in a testing lab for highly contagious material, you and your dog are good to go!  (Disclaimer – this is not an endorsement for taking your rambunctious pup into a...
Benna, Bnina, Baina: a carefully-scripted ruling from the CJEU
  Case C 147/14   Loutfi Management Propriété intellectuelle SARL v AMJ Meatproducts NV, Halalsupply NV  is a Court of Justice of the European Union (CJEU) ruling last Thursday in a Community trade mark-related reference from Belgium. This ruling did not...
California Attorney General Reverses Policy on Locked Data
Great news for open data advocates in California: Attorney General Kamala Harris' office has reversed a recent policy decision that would have locked down data collected by California Department of Justice (CADOJ).  Back in May, we wrote about how the CADOJ had denied our request for...
Shared Genetic Resources And Traditional Knowledge: National, Regional Efforts
The issue of genetic resources or traditional knowledge that are shared among different countries was discussed at a World Intellectual Property Organization seminar this week. Panellists presented national and regional efforts to protect such resources.
Freedom of panorama: what is going on at the EU level?
Freedom of panorama in Europe (red is no-no countries) As IPKat readers will be well aware of, debate is currently being undertaken at the EU level as regards possible reforms of the legislative framework in the area of copyright. Both the Commission   [...
A novel becomes a saga - Actavis v Lilly set to go on and on
This Kat blogged last year about the masterful and erudite judgment of Mr Justice Arnold in the case of Actavis v Lilly (judgment on BAILII here ), concerning pemetrexed.  A judgment that was Arnoldian even by Arnoldian standards was necessitated by the fact that the case...
Congratulations to the Winners of EFF's 8th Annual Cyberlaw Trivia Night
The best legal minds in the Bay Area gathered to participate in EFF's 8th Annual Cyberlaw Trivia Night last Thursday. Over 120 lawyers and friends from 20 technology law firms and Internet companies attended, making this our largest trivia night to date. EFF's staff joined forces to pull...
Canary Wharf: great place name, not much hope for a trade mark ...
Here's a curious tale of a trade mark that might have been. It's Canary Wharf Group Ltd v Comptroller General of Patents, Designs and Trade Marks [2015] EWHC 1588 (Ch) ,  an 8 June Chancery Division, England and Wales, decision of Iain Purvis QC, sitting as a Deputy...
Europe: The Next Front in the Battle for Net Neutrality
Americans won big on net neutrality in February, when the FCC voted to adopt new rules that would allow it to rein in the abusive and discriminatory practices of big telecommunications operators, such as blocking or throttling of Internet data, and charging content providers for...
US Political Trademarks And Campaign Branding 2016
As prospective presidential candidates prepare to plunge voters in the United States into campaign purgatory, it is time for pundits to examine how candidates are branding their political campaigns and crafting their messages to appeal to the electoral audience. With the presidential...
WIPO Seminar Looks At Protection Of TK, Genetic Resources Across Borders
Keen on maintaining momentum in the discussions on the protection of traditional knowledge and genetic resources, while the normative agenda on the issue is suspended, the World Intellectual Property Organization is holding a seminar on the subject this week.
Abstract Loss
Internet Patents asserted 7,707,505 against Active Network and others. The district court found '505 patent ineligible under §101, which the CAFC affirmed. On appeal, Judge Newman (CAFC 2014-1048) seemed to agree that case law for §101 has all the clarity of...
Europeans Make Really Stupid Copyright Decisions, Too
The EFF has a nice piece up about "European Copyright Madness" . At issue is a UK High Court decision that effectively says people aren't allowed to rip (mix, burn!) their own CDs. Uh, yeah. Guys, we fought this fight last century and the anti-ripping forces lost. Jeremy Malcom...
North Carolina Cyber-Bullying Statute Survives First Amendment Challenge
photo credit: Shutterstock/Memo Angeles – “Internet Troll Using a Computer” Defendant was accused of cyberbullying over posts he made about (and to) his high school classmate (Dillon) on Facebook. The opinion is unclear on the precise nature of the original post and...
Consultation event on Court Fees for the Unified Patent Court - and news on timing of UK...
This moggy crept over to the lovely and hospitable offices of Allen & Overy last night to attend the consultation event on the Court fees for the Unified Patents Court.  Readers may recall that he wrote about this consultation when it was launched, and the IPKat would...
Internet Patents Corp. v. Active Network, Inc. (Fed Cir. 2015)
By Michael Borella -- Since late last year, the main theme of many 35 U.S.C. § 101 disputes has been whether claims under review are more like those in Ultramercial Inc. v. Hulu LLC or DDR Holdings, LLC v. Hotels.com. In the former case, the Federal Circuit held that claiming a...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mayne Pharma International Pty Ltd. v. Merck & Co., Inc., et al. 1:15-cv-00438; filed May 29, 2015 in the District Court of Delaware • Plaintiff: Mayne Pharma International...
PLI Advanced Patent Prosecution Seminar
Practising Law Institute (PLI) will be holding a two-day seminar entitled: "Advanced Patent Prosecution Seminar 2015: Claim Drafting & Amendment Writing" on July 16-17, 2015 in New York, NY, on August 10-11, 2015 in San Francisco, CA, and on September 10-11, 2015 in...
Congratulations To Solar Impulse
Solar Impulse is an airplane that runs only on solar power. They are on their way to fly round the world. And they just made it from Japan to Hawaii, after an effort of flying close to five days. That’s good news, as far as it goes. On the other hand, this has only symbolic value. If you want to...
Why Finland is not Silicon Valley: farewell Matti Makkonen, the "father of SMS"
We are a society that worships innovation and idolize those who commercially capitalize on it. Mark Zuckerberg, the late Steve Jobs, Sergey Brin and Larry Page are (or were) all larger than life personalities. Indeed, the fame that each has enjoyed is part and parcel of his commercial...
News from Abroad: Ariosa Diagnostics V Sequenom and Isis Innovation -- A European View
By Paul Cole* -- The June 12, 2015 decision of the Federal Circuit in the above case has been discussed by Kevin Noonan in his posting of 22 June, but it is believed that the factual and legal background could benefit from further discussion. It is convenient to consider claims 1 and 2 of...
EFF Launches Badge Hacking Contest for DEF CON 23
The Electronic Frontier Foundation is proud to present the DEF CON 23 Badge Hack Pageant (1337 skills required, swimsuit optional). Now is the time to bring out your sweetest hacks and sickest mods in a no-holds-barred battle for hardware supremacy. You are free to excel in...
EFF Is Turning 25 and We Want to Celebrate With You
We're the Electronic Frontier Foundation, and we're thrilled to be celebrating a quarter-century of fighting for digital rights. We're kicking off this milestone in two ways: a membership drive and a party and minicon in San Francisco on July 16 . We're asking people to donate and...
DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites
Have you amended your “Interim Designation of Agent to Receive Notification of Claimed Infringement” today? I previously blogged this case, so see my earlier post for background. This week’s ruling focuses purely on the 512(c) safe harbor’s requirement that online services designate...
Allfiled allegations and interim relief: balancing the interests of litigants -- and customers
Another in this Kat's series of not-quite-so-recent cases that he is writing up now because they flashed past him when he was too busy to grasp hold of them a couple of months ago is   Allfiled UK Ltd v Eltis & 16 Others [2015] EWHC 1300 (Ch) ,  a 19 May 2015 decision of Mr...
IPO Releases List of Top 300 Patent Holders for 2014
Life Sciences Top 55 By Donald Zuhn -- Last week, the Intellectual Property Owners Association (IPO) announced the release of its 32nd annual list of the top 300 organizations receiving U.S. patents (see "Top 300 Organizations Granted U.S. Patents in 2014"). Patent...
#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO
By: Robert R. Sachs The most important thing that happened in June was not the invalidation of yet another pile of patents, but the rather more consequential decision of the Supreme Court to recognize the right of same-sex couples to marry.  Unlike patent law issues, when it...
UPDATED: T5 Labs, LLC v. Gaikai, Inc.
T5 Labs, LLC v. Gaikai, Inc. United States District Court, District of Delaware Case No. 1:12-cv-01281, Filed October 5, 2012 This case was terminated on April 11, 2014. The parties settled the suit in a confidential settlement agreement dated April 1, 2014. T5 Labs filed suit against...
Same Old FISA Court? Thoughts on the Opinion Extending Mass Surveillance for Six More Months
The first line of the opinion issued earlier this week by the Foreign Intelligence Surveillance Court (FISA Court) reauthorizing the NSA’s mass surveillance of telephone records is telling: “‘ Plus ça change, plus c’est la même chose ,’ well, at least for 180 days.” The court’s...
EFF Stands With Innovative Developers in the Wake of Oracle v. Google
The Supreme Court’s refusal to review the Federal Circuit’s dangerous decision in Oracle v. Google means that court’s decision will stand for now. EFF, along with leading computer scientists and copyright practitioners, thinks the Federal Circuit got it wrong: the legal precedents that the...
Report: New Technologies For Visually And Hearing Impaired People Lack Commercialisation
A World Intellectual Property Organization patent landscaping report launched this week shows that although a large number of patents have been granted on technologies aimed to help visually and hearing impaired persons, most of them have not been commercialised yet.
Padmapper and 3Taps Settle Suit with craigslist over Use of Real Estate Facts
Padmapper and 3Taps ended their three-year legal fight with craigslist on Monday, agreeing to stop using classified ad data from craigslist on their own sites. 3Taps has also agreed to pay craigslist $1 million on the condition that craigslist donate the money to EFF. While we’re pleased...
Tuesday tiddlywinks
The advantage of a furry face: no-one can see you blush Justia Blawgsearch. Via a post on the excellent Copyright Litigation blog ("All practice, no theory") this Kat read with happiness, excitement and not a little embarrassment that the IPKat weblog has come top...
As Diego Stands Trial, Show Your Support for Open Access
UPDATE 06/30/2015 : The hearing has been postponed and will proceed in October. Thanks to everyone who helped us raise awareness today. "Access to knowledge is a global right." These are the words of student Diego Gomez, who begins his trial in Colombia today , and...
One Year Anniversary of Alice
Marc Brockhaus and Jordan Sigale On this one year anniversary of the Supreme Court’s decision in Alice Corp ., much of the Section 101 jurisprudence still remains a little jumbled, which gave us at Dunlap Codding, an idea: What would Alice and its progeny look like as word jumbles...
Are EU policy-makers fighting the right copyright battles?
Amidst all these polite conversations around EU copyright reform ... Debate is currently being undertaken at the level of EU institutions as to whether the existing legislative framework in the area of copyright should be updated.  In May 2015 the EU Commission issued...
McRo, Inc. v. Square Enix, Inc. (C.D. Cal. 2014)
By Eddie Obissi and Michael Borella -- Note: This coverage of a district court case from last year provides an overview of the patented invention, as well as the decision currently being appealed to the Federal Circuit. In a subsequent article, we will review the parties' briefs. On November 21...
Christian Roselund On “Capacity Factor Limit”
I recall that I discussed the strange theory of limiting the market share of some variable renewable energy technology by its capacity factor a couple of days ago. Now Christian Roselund goes into more detail . He agrees with me. There is no reason why the share of solar in some...
Payment for use of protected barley seeds: when prospects for dodging payment recede ...
Case C‑242/14   Saatgut-Treuhandverwaltungs GmbH v Gerhard und Jürgen Vogel GbR, Jürgen Vogel, Gerhard Vogel  is a request for a preliminary ruling from the Court of Justice of the European Union (CJEU) made by the Landgericht Mannheim (Germany), on a...
Bad News: Supreme Court Refuses to Review Oracle v. Google API Copyright Decision
Sadly, today the U.S. Supreme Court refused to review the Federal Circuit’s dangerous decision in Oracle v. Google . Oracle claims a copyright on the Java Application Programming Interface (API), and that Google infringed that copyright by using certain Java APIs in the Android OS...
Sometimes Saying Nothing is Saying Something
The Supreme Court has denied a cert petition in the Oracle vs Google fight over Java . This is a victory for Oracle, as it won in the CAFC and that decision now stands. It is probably also a loss for everyone else and may well be a significant blow to Java as Oracle is now free to charge...
Q2 2015 Quick Links, Part 1 (IP, Marketing and More)
Photo credit: 3D Quick Link Crossword // ShutterStock Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the...
Is UberPOP a transport service? A new reference to the CJEU
Like it or not, we have entered the age of Uber  -- the love-it-or-loathe-it ride-share scheme which has caught not only the imagination of the public but the attention of the lawyers.  In this guest post, Katfriend  Revital Cohen  (Baker & McKenzie, Barcelona) tells...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Teijin Ltd. et al. v. Macleods Pharmaceuticals Ltd. et al. 1:15-cv-00454; filed June 4, 2015 in the District Court of Delaware • Plaintiffs: Teijin Ltd.; Teijin Pharma Ltd....
When Can Defendants Defeat A Criminal Threat Prosecution By Claiming They Were Joking? Not...
The “ Twitter joke trial ,” where a UK man was prosecuted for joking about blowing up an airport, made waves and resulted in widespread criticism, but recent cases in the US show that prosecutions for jokey threats over social media are alive and well. And the First Amendment is not a...
Round, round: how to round? How do we round?
Please do not read this post if you have already read Jeremy’s beautifully succinct summary of the recent appeal hearing between Smith & Nephew and ConvaTec, and have absolutely no inclination to get further bogged down in numerical semantics. However, if you’re a glutton for...
AIPLA Patent Cooperation Treaty Seminar
The American Intellectual Property Law Association (AIPLA) will be its 19th annual Patent Cooperation Treaty Seminar on July 20-21, 2015 in San Francisco, CA and on July 23-24, 2015 in Alexandria, VA. The Seminar is designed for practicing attorneys, patent agents, paralegals and...
Will proof of a well-known mark ultimately be determined by a brain scan?
Is there a better way to determine whether a mark is well-known, if not today, then in the future? Will technology play a role? This Kat got to wondering about these questions as he made his way through Charles Duhigg’s best-seller , The Power of Habit: Why We Do What We...
Tony Seba Interview
Christian Roselund interviewed Tony Seba, who is the author of “ Clean Disruption “, an excellent book I have reviewed on this blog . I can’t embed the interview, so here is a screenshot. Please click over to the SolarPV.tv site to watch. I mostly agree with Seba’s ideas. So I would like to...
Trial Starts Tuesday for Diego Gomez, Colombian Student Facing Prison Time for Sharing a Paper...
Colombian student Diego Gomez uploaded an academic paper to document-service Scribd a few years ago to share with his graduate school peers who, like him, studied biodiversity and amphibious animals. When the author of the paper later found out about this, he decided to press...
Iran is Still Imprisoning Netizens and Blocking Sites After Two Years of 'Reform'
UPDATE: June 29, 2015 According to Iranian news sources, the Supreme Court reviewed Soheil Arabi's death sentence and decided to cancel it. While Arabi remains in prison, his successful challenge of the death penalty is cause for celebration. Iran’s President Hassan Rouhani and a...
USPTO Launches New Quality Chat Program
Ann Robl On June 9, 2015, the USPTO held its first “Quality Chat” webcast. The Quality Chat series will be broadcast on the second Tuesday of the month for the remainder of 2015, with the possibility of extending the program into 2016 based on public interest. The first Quality Chat...
Two Sides Of Copyright Law To Be Considered By WIPO Committee Next Week
The World Intellectual Property Organization committee on copyright is meeting next week with an agenda of discussions on a potential international instrument to protect broadcasting organisations’ copyrights, and at the same time exceptions and limitations to copyright for the benefit...
Friday fantasies
Greenpeace and the patent system share the same objective -- world change A week and a half ago, the IPKat's Tuesday Tiddlywinks feature contained a reader's request to know what actually has happened to the controversial human embryonic stem-cell patent that was...
Council of Europe focuses on Eponia, and there's more to come
Pierre Yves le Borgn' [the apostrophe is not a typo -- it belongs to his name] , a French Representative in the Parliamentary Assembly of the Council of Europe , has initiated a Declaration concerning recent developments in Eponia that has been signed by 82 MPs/senators...
Federal Circuit Tackles Claim Construction Review under New Standard
The More Things Change (Lighting Ballast Control LLC v. Philips Electronics North America), the More They Stay the Same (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.) By Andrew Williams -- On June 18, 2015, the Federal Circuit handed down its second opinion in the Teva...
Effects Of New Australian Blocking Legislation Remain Highly Controversial
Much will depend on Australian federal judges after a website blocking bill targeting copyright violations was passed by both houses of the Australian legislature this week.
Kazakhstan Misusing Court Order to Censor Online Newspaper
U.S. Battle Over Leaked Emails Leads to Threats to ‘Respublika’ Site San Francisco - Online news publisher Respublika has asked a federal judge in New York to clarify that officials in Kazakhstan can’t use a U.S. court order in a battle over leaked emails to censor news...
David Roberts On Solar And Wind Limits
David Roberts discusses the question if there are any economic limits for solar and wind grid penetration. In that article he discusses a “rule of thumb” recently developed by Jesse Jenkins and Alex Trembarth, authors working with the “Breakthrough Institute”. Their rule of thumb is that...
Not so secret agent: when Bond isn't 007 but 0.77
In "The wounded patent survived, was only just infringed, but no injunction" , here , fellow Kat Darren wrote about the decision of Birss J in Smith & Nephew Plc v ConvaTec Technologies Inc [2013] EWHC 3955 (Pat) , a technically detailed case which amused Merpel, who commented...
G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015)
By Kevin E. Noonan -- Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is 4-[5-(4-methylphenyl)-3-(trifluoromethyl)-1H-pyrazol-1-yl]benzenesulfonamide)...
The Senate Passes Fast Track—But We Can Still Prevent the TPP Train Wreck
The U.S. Senate has paved the way for the passage of Fast Track legislation , to give the White House and the U.S. Trade Representative almost unilateral power to negotiate and finalize secret anti-user trade deals like the Trans-Pacific Partnership (TPP) . Yesterday a “cloture”...
Alice and East v. West . . . Texas
Ann Robl A District Court split regarding how courts apply the Alice Corp. decision that recently came to my attention borders on the ridiculous (pun intended).  The Eastern District of Texas recently posted an interesting sample patent docket control order (hat tip Ryan Davis, Law360)...
Secret Regional Comprehensive Economic Partnership (RCEP) Takes Centre Stage In Asia
The Trans-Pacific Partnership (TPP), part of US President Barack Obama’s promised pivot to Asia, has stirred up a hornet’s nest on the ethics of trying to hammer out a trade deal in secrecy. But it is not the only one. A proposed trade agreement in Asia, the Regional Comprehensive...
Delfi v Estonia: ISPs and the freedom to impart information
The IPKat doesn't often feature human rights matters on his weblog,  but that doesn't mean that the topic has no relevance to intellectual property matters; much the same applies to disputes relating to defamation.  However, when the potential liability of internet service providers is...
Carbon Tracker Initiative Youtube Video
This is a very short explanation of their basic idea of “unburnable carbon”. Two thirds of global fossil fuel reserves need to stay in the ground. That means, in their view, that fossil fuel companies may lose a lot of value because of climate change regulation. I of course think that the exact...
Changes to Domain Name Rules Place User Privacy in Jeopardy
TG Storytime is a free community website for transgender authors, operated by Joe Six-Pack, himself a transgender author and publisher. If you look up the registration details of Joe's domain tgstorytime.com using the WHOIS application, you get this result: Registrant Name: Registration Private...
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