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Internet Law Professors File Amicus Brief in ‘Innocence of Muslims’ Case–Garcia v. Google
I’m sure you are familiar with Garcia v. Google , the copyright lawsuit against YouTube over the Innocence of Muslims video that led to a fatwa being issued against Garcia, an actress in the movie. In a truly awful opinion from February, a split Ninth Circuit panel led by Judge Kozinski...
U.S. Patent No. 6,368,111: System and method for interactively simulating and discouraging drug use
U.S. Patent No. 6,368,111: System and method for interactively simulating and discouraging drug use Issued April 9, 2002 Summary: The ‘111 patent describes a system for interactively simulating and discouraging drug taking behavior. The invention allows a player to simulate...
AdWords dock in a French safe harbour
If you thought that the Google AdWords saga ended when the Court of Justice of the European Union (‘CJEU’) ruled that hosting keywords corresponding to trade marks does not amount to a “use in the course of trade” that the right owner can prevent [ Google France v Louis Vuitton...
University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)
By Kevin E. Noonan -- The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District Court's claim construction and remanded for a retrial consisting...
The Patent Eligibility of Software: A Discussion with Prof. Robin Feldman (Hastings) and Daniel...
This Thursday, April 17, 2014, the San Francisco Bar Association will host a lunch time discussion on the patent eligiblity of sofware between myself, Prof. Robin Feldman of Hastings and Danial Nazier ("Staff Attorney and Mark Cuban Chair to Eliminate Stupid Patents") of the...
Tea Party, Taxes and Why the Original Patriots Would’ve Revolted Against the Surveillance State
Let’s just imagine we could transport an Internet-connected laptop back to the 1790s, when the United States was in its infancy. The technology would no doubt knock the founders out of their buckle-top boots, but once the original patriots got over the initial shock and novelty (and clearing up...
EFF Supports CafePress Safe Harbor Claim
After seven years of litigation , the basic contours of the Digital Millennium Copyright Act (DMCA) safe harbors should be pretty well established. Unfortunately, a new front may have opened up in a case called Gardner v. CafePress , thanks to a mistaken and dangerous...
Tuesday Tiddlywinks
Authors Guild files appeal against Google. Do you remember the Google Books copyright litigation saga? As this Kat reported back in December, it is still far from being concluded. Following the late 2013 summary judgment ruling  in which Judge Denny Chin held that...
UPDATE - Declaration on Patent Protection by MPI Now Online
Blogmeister Jeremy reported yesterday  that the Max Planck Institute for Innovation and Competition was about to issue a Declaration on Patent Protection.  Hearty Katpat to Kat Emeritus and ongoing Katfriend Matthias Lamping for alerting the IPKat...
Stiftung Umweltenergierecht On Commission Guidelines
The Stiftung Umweltenergierecht has published an 89 page analysis (in German language) explaining how the recent move by the European Commission to violate Germany’s legislation competences is illegal. Thanks to this Tweet by Heiko Stubner for the link. This study was commissioned...
BECCS and 600 ppm
I have a couple of comments about the “Mitigation of Climate Change” report released yesterday by the IGCC. First, I learned from this report what “BECCS” means. “CCS” of course is carbon capture and storage . Burn fossil fuel and dispose safely with the CO2 at the point of emission...
FBI Plans to Have 52 Million Photos in its NGI Face Recognition Database by Next Year
New documents released by the FBI show that the Bureau is well on its way toward its goal of a fully operational face recognition database by this summer. EFF received these records in response to our Freedom of Information Act lawsuit for information on Next Generation Identification...
Another two bite the dust – Hospira v Genentech
The IPKat has just been perusing the meaty yet compact decision in the case of Hospira v Genentech ( Hospira UK Ltd v Genentech Inc [2014] EWHC 1094 (Pat) (10 April 2014) ) which came out last Thursday from Mr Justice Birss.  It concerns two patents, related only in that they...
Terminal Dose
Hoffmann-La Roche got 7,718,634 & 7,410,957 , which claimed a dosing regime for treating osteoporosis. Against the law, the district court and a CAFC panel ( 2013-1128 ) found the patents obvious by now-routine hand-waving. Judge Newman dissented over "this court invoking...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al. 1:14-cv-00387; filed March 26, 2014 in the District Court of Delaware • Plaintiffs: Novartis...
"Don't blame TRIPS for poor provisions of national IP law", say MPI and friends
The IPKat has known for a while that his friends at the Max Planck Institute  for Innovation and Competition , together with a number of eminent patent scholars from elsewhere on the planet, have been working on a Patent Declaration on the interpretation of TRIPS for the past...
District of New Jersey Allows ANDA Filer's Declaratory Judgment Action to Proceed Despite...
Purdue Pharm. Products v. TWI  Pharms. , No. 12-5311 (D.N.J.)     by Alex Menchaca In an  opinion  last week, the U.S. District Court for the District of New Jersey stymied what appears to be an attempt by Purdue Pharma to prevent TWi Pharmaceuticals from obtaining a final...
Court Lauds Blogs “As A Means Of Free Dissemination Of News And Public...
Photo credit: I Love Blogging // ShutterStock A number of states have “retraction” laws that require plaintiffs to demand a retraction from media defendants before suing for defamation. How these laws apply to Internet publishers arose early in the development of Internet jurisprudence...
The moose, loose in the non-use hoose
Emerging from the busyness of hearing preparation, this Kat has now found a moment to tell you about a clever little loophole just closed by OHIM (the Office for Harmonisation in the Internal Market) which previously made it possible to defeat (in part at least) an attempt to revoke a Community...
Bad News for E-ON
E.ON is one of the big German power companies. They decided to leave the Desertec industrial initiative, according to this article at WDR . Thanks to this Tweet by Heiko Stubner for the link. Maybe they think that they still have a chance to make money with their conventional...
ACI Biosimilars Conference
American Conference Institute (ACI) will be holding a conference on Biosimilars on June 4-6, 2014 in New York, NY. ACI faculty will help attendees: • Understand the battles over naming and substitution on the federal and state levels and exploring the implications on competition including the...
Useless and Harmful EU Guidelines On Renewable Energy
The EU Commission has adopted a useless and harmful Communication titled “ Guidelines on State aid for environmental protection and energy 2014-2020 “. Here are a couple of  remarks. 1. How To Work Around the Useless and Harmful EU Commission Guidelines These guidelines...
Australian Attorney General Picks Surveillance Over Fair Use on U.S. Visit
"Australia is ready for, and needs, a fair use exception now." These were the unambiguous words of the Australian Law Reform Commission's report investigating how to modernize the country's copyright laws. Specifically, the Commission called for a fair use doctrine that resembles...
EFF to Present Oral Argument in Copyright 'Troll' Case
Shake Down of BitTorrent Users Abuses Justice System Washington, DC - The Electronic Frontier Foundation (EFF) will ask a federal appeals court at a hearing on Monday, April 14, to prevent a notorious copyright troll from obtaining the identities of more than 1,000 Internet users. Speaking...
Appeals Court Overturns Andrew “weev” Auernheimer Conviction
Important Decision Impacts Constitutional Rights in the Internet Age San Francisco - A federal appeals court overturned the conviction of Andrew "weev" Auernheimer, the computer researcher who was charged with violating the Computer Fraud and Abuse Act (CFAA) after he exposed...
UN Indigenous Rights Expert Says ‘Redskins’ Name A “Hurtful Reminder” Of Past Mistreatment
ames Anaya, United Nations special rapporteur on the rights of indigenous peoples, today called on the owners of the Washington Redskins Football team to recognise that the name ‘Redskins’ constitutes a “hurtful reminder” of the “long history of mistreatment of Native American people in...
Indiana Governor Signs Biosimilar Substitution Bill
By Donald Zuhn -- On March 25, Indiana Governor Mike Pence signed legislation (Senate Bill 262) that will allow pharmacists in Indiana to substitute an interchangeable biosimilar product for a prescribed biological product if certain conditions are met. Senate Bill 262, which was...
Of Course The First Amendment Protects Baidu’s Search Engine, Even When It Censors...
Photo credit: Photo of Baidu homepage // Gil C / Shutterstock.com Baidu.com is the leading search engine in China. The plaintiffs in this case have published materials online about the democracy movement in China. They allege that, at the request of the Chinese government...
EFF Asks Court To Allow Human Rights Case Against Cisco to Proceed
Case Argues Cisco Built Surveillance Tools Specifically Designed to Help Chinese Authorities Target Falun Gong EFF filed a request to submit an amicus brief today in the Federal District Court of the Northern District of California, urging the Court to let a case entitled Doe v. Cisco...
Presentation of UKIPO and OHIM mediation services (part 2) - an event report
Happy after a successful mediation? This Kat recently (on 31 March 2014 to be precise and does it not seem like a long time ago) attended a lunchtime "Presentation of UKIPO and OHIM mediation services" at CIPA Hall.  Part 1 of her event report on OHIM's mediation service can be...
Beyond belief: who needs the truth when you've got real evidence to rely on?
Beyond belief.  Lloyds TSB Insurance Services Ltd and Halifax General Insurance Services Ltd v James Michael Shanley [2014] EWCA Civ 407 is an unusual case. It's not unusual for the fact that it's an IP case which was not heard by a trial judge who was an IP specialist, since...
BREAKING NEWS: CJEU says that private copying may only apply to reproductions from lawful...
Can a national law understand the private copying exception pursuant to Article 5(2)(b) of the  InfoSoc Directive  as encompassing reproductions from lawful and unlawful sources alike? What is the role of the three-step test within Article 5(5) of the same directive in...
Shire Development, LLC v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2014)
By Kevin E. Noonan -- Claim construction in patent cases, and the propensity for the Federal Circuit to disagree with a district court's conclusions regarding the scope and meaning of claim terms, remains one of the most vexing aspects of patent litigation (yes, even more so than the...
EFF is Expanding into Student and Community Organizing, and We Need Your Help
Recent events have shown us more than ever that the technologies we use and create every day have astonishing implications on our basic, most cherished rights. Tens of thousands more people have joined us in the past year alone—together, we're building a movement. But we...
Medical Privacy: Digital Technology Can Leave Your Health History Exposed
New EFF Project Tackles Electronic Medical Records and Inherent Risks to Your Privacy San Francisco - The digitization of medical records is being pitched to the public as a way to revolutionize healthcare. But rapid technological innovation and lagging privacy laws are leaving patients...
Geneva Internet Platform Launches: Neutral Ground For Net Governance
With yesterday’s launch of the new Geneva Internet Platform, global internet governance stakeholders have a new venue for neutral engagement.
WHO Guidelines May Help With Price Reductions For Hepatitis C Drugs
Guidelines for the treatment of hepatitis C released by the World Health Organization today recommend revolutionary new drugs for the virus. However, the exorbitant price of these drugs means they will remain out of reach for most of the millions infected. The WHO guidelines themselves...
Should EU Courts know national statute law and case law? A comparative reprise
The Court of Justice of the European Union (CJEU) decision in the NLC case [ Case C-530/12 P OHIM v National Lottery Commission , on which see the earlier IPKat note here ; Advocate General Bot’s Opinion, here ] attracted a number of comments as to how EU bodies should treat...
Book Analyses Chinese IP And Technology Laws
The recently published book “Chinese Intellectual Property and Technology Laws” provides the “first” overview of Chinese IP and technology law, supported by extensive legal, historical and socioeconomic background to developments in these areas.
Trolling Shot Down
To extort license revenue, DataTern sued only the customers of Microsoft and SAP database products for patent infringement ( 5,937,402 & 6,101,502 ). Microsoft and SAP and were let alone. But, in response to customer complaints about DataTern, those two software...
Pick Up the Phone and Tell Congress To Fix Patents
Since the SHIELD Act was introduced two years ago, momentum has been building for patent reform in Congress. And when the House overwhelmingly passed the Innovation Act in December, it seemed real legislation might be close at hand. Since then, the Senate has been thrashing out its...
EU Data Retention Directive Declared In Violation Of EU Law
European data retention has to be rolled back after a clear judgment of the Grand Chamber of the European Court of Justice in Luxemburg today.The highest EU Court ruled that the directive which obliges telecommunication providers to collect and store communication traffic and location data...
Senju Pharmaceutical Co. v. Apotex Inc. (Fed. Cir. 2014)
By Kevin E. Noonan -- Applying the doctrine of claim preclusion (previously termed res judicata), a fractured majority of the Federal Circuit held that prior ANDA litigation to final judgment precluded reassertion of amended claims in the same patents against the same products after...
Monday miscellany
Sun-up in New York? Must be time for a seminar Fordham IP Conference: draft programme revealed . The draft programme for this year's Fordham Intellectual Property Conference is now available online. You can check it out here . Kats will be on parade, as usual. Blogmeister...
Isaac Asimov On Working With Editors
So I just released my third novel “Last Week” as a PDF file (available for FREE here ). In contrast to my first and second effort, this time I paid Zoë Markham of markhamcorrect.com some money to provide copy editing service. In this post, I am going to discuss my experience. And to spice things...
Conference & CLE Calendar
April 16, 2014 - "Patent Subject Matter Eligibility: Navigating the New "Myriad" Guidelines -- Analyzing Subject Matter and Avoiding Rejection Under the USPTO's Detailed Framework" (Strafford) - 1:00 to 2:30 pm (EDT) April 22, 2014 - China Pharmaceutical Regulatory Law Boot Camp...
Germany Doesn’t Matter Much Anymore
The recent news about reforming the Law on Priority for Renewable Energy in Germany is not great for people like me. As Hans-Josef Fell (one of the original authors of the law) explains in much detail , the reform that will likely become law is restraining growth just about everywhere...
Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230
Goren is a lawyer. Dupont made a less than flattering post about Goren to the Ripoff Report site, which is famous for not removing posts even at the request of the author. (Ripoff Report is one of the most successful litigants in using Section 230 as a defense and has thus been the subject...
Last Week Cover
I did the cover for my global warming Bitcoin novel “Last Week” . Here it is: Of course I needed to use “Royal Blue” as the font color for this project. I am talking about Princess Angel here. With that decided, white seems to work best as a background color. I got my cover picture again (like with...
GW Law Symposium on Intellectual Property
The George Washington University Law School (with Mayer Brown and Pillsbury) will be holding its annual GW Law Symposium on Intellectual Property on May 6, 2014 at The George Washington University Law School, 2000 H Street NW, Washington, DC. The Symposium will offer...
Locum lawyer loses company cognomen* costs complaint
This one is about the ever-useful Company Names Tribunal, and the cost consequences of ignoring pre-action correspondence and waiting for a party to bring an application against you before you give in and change your company’s name. The decision is here . The company...
20 Years Of TRIPS: Max Planck Launches Declaration On Patent Protection
The Max Planck Institute for Innovation and Competition has launched a Declaration on Patent Protection with the aim to “clarify some of the regulatory options states still retain under international law, in particular the TRIPS Agreement,” which turns 20 years old this year.
Great News About Coal in China
Greenpeace has published a short report on recent trends in Chinese coal consumption, titled “ The End of China’s Coal Boom “. Thanks to this Tweet by Kees van der Leun for the link. The report shows plans of multiple provinces in China to either reduce or massively reduce the use of...
Dear Web Developers: EFF Needs Your Help
Donate a Few Hours to Help Us Create a Free Software Backend for Contacting Congress, Make the World a Better Place for Digital Rights UPDATE (4/16/14): We're lowering the threshold for getting prizes, take a look below. For years, EFF has been helping concerned technology...
Twibel Ruling: Tweeting That Someone is “Fucking Crazy” is Not Defamatory
This is a case that addresses how defamation can play out on Twitter, which is a perennial favorite of mine (perhaps owing to my excessive participation in that medium). Feld tried to buy a horse (“Munition”) that would become a companion horse. Unfortunately Feld never got to enjoy...
Is the SEC Obtaining Emails Without a Warrant?
Updates to the email privacy law called the Electronic Communications Privacy Act (ECPA) are long overdue. It's common sense that emails and other online private messages (like Twitter direct messages) are protected by the Fourth Amendment. But for a long time, the...
UPOV Approves ARIPO Draft Legislation Spreading Plant Variety Protection To Africa
The African Regional Intellectual Property Office last week obtained a positive decision at the international level on its draft law to protect new varieties of plants. Amid protest from civil society, the regional office now has to adopt the draft law and has said it would convene a diplomatic...
Threateners don’t fret, your concerns may just have been met…
A peculiarity of intellectual property law is those provisions which make it actionable in itself to threaten bringing infringement proceedings against another party. These provisions, which apply to claims of trade mark, patent and design right infringement (but not copyright), are often a...
Hoffman-La Roche Inc. v. Apotex Inc. (Fed. Cir. 2014)
By Michael Greenfield -- Last Friday, the Federal Circuit issued an opinion in Hoffman La-Roche Inc. v. Apotex Inc. that is a cautionary tale of patent lifecycle and the difficulties those seeking to extend patent protection face -- namely the blooming of prior art relating to an approved product...
Build More Coal Power Plants!
That’s probably not a headline readers expect here. Let me explain. Cleantechnica just published an interesting interview with Peter Terium, CEO of RWE , one of the big German power utilities. From that interview: EP: Still, I get the impression that you are filling the gaps in renewables, but...
Prenda On Appeal: Copyright Troll Tactics Challenged in DC Circuit
The DC Circuit Court of Appeals heard argument today in AF Holdings v. Does 1-1058, one of the few mass copyright cases to reach an appellate court, and the first to specifically raise the fundamental procedural problems that tilt the playing field firmly against the Doe Defendants...
Copyright Ruling In US May Impair Free Speech
The 9th Circuit’s recent decision in Garcia v. Google has sparked outrage among many internet businesses, media organisations, civil rights groups, and copyright experts. They assert the ruling significantly alters US law in a manner that will greatly restrict free speech. But a minority...
Incomplete Means
In Univ. of Pittsburgh v. Varian Medical (CAFC 2012-1575 ), CAFC Judge DYK caught cohorts Lourie and O'Malley (the majority) out for sloppy work product. A means-plus-function claim element was given cursory treatment by the majority, completely missing the meat of the claim element in...
#HappyKat event: materials and webcast recording now available
Luca followed the #HappyKat event from Italy (GMT +1) IPKat readers will of course remember our #HappyKat   event that was held on 1st April last at the lovely London offices of Bristows LLP   [a big thanks for hosting us, and a special thanks to  Zuleika Walsh...
Conference & CLE Calendar
April 16, 2014 - "Patent Subject Matter Eligibility: Navigating the New "Myriad" Guidelines -- Analyzing Subject Matter and Avoiding Rejection Under the USPTO's Detailed Framework" (Strafford) - 1:00 to 2:30 pm (EDT) April 16, 2014 - Biotechnology/Chemical/Pharmaceutical (BCP)...
Hi Hotel: CJEU rules on copyright jurisdiction, Merpel floored by long sentence ...
Taking photos of buildings is easy: they don't keep moving around ... Oh what a tangle the single European market remains in, when we have a single market in which pan-European and national IP rights coexist and in which enforcement can depend more on the accident of...
New Merit Order
I have written extensively about the fact that the market order for electricity in Germany is broken. A search with the term “merit order” brings up those posts. These questions are complicated. With this post, I will try to make a very simple point: “Merit” should not be based simply on price...
Commission publishes responses to Public Consultation on the Review of EU Copyright Rules
Getting ready for an intense weekend of ... copyright reading? Would you fancy some reading this weekend?  Of course, you will remember the Public Consultation on the Review of EU Copyright Rules [ here ] , which the Commission launched back in December and...
Patent exhaustion:"Patent-by-patent" or "claim-by-claim"?
This Kat has long wondered why it is that so many basic legal issues with respect to third-party uses of an IP right are still unsettled. Let’s take patent exhaustion. True, the creation of the European Community/European Union has added a layer of complexity because of the separate...
BCP Customer Partnership Meeting
The U.S. Patent and Trademark Office will be holding its next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting on Wednesday, April 16, 2014. The agenda for the meeting is as follows: Morning Session • Welcoming Remarks (9:00 - 9:10 am ET) -...
Webinar on International Trade Secret Misappropriation
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "International Trade Secret Misappropriation Update 2014" on April 22, 2014 from 10:00 am to 11:15 am (CT). MBHB attorney Joshua R. Rich will address the steps that have been taken (and those...
404 Day Recap
Friday, April 4th was 404 Day - a day meant to call attention to Internet censorship in public schools and libraries in the United States. This censorship is the result of a well-meaning but misguided law, the Children's Internet Protection Act (CIPA), which ties federal funding for public...
EFF Urges Appeals Court to Reconsider Dangerous Copyright Ruling
Decision About “Innocence of Muslims” Video Could Be Disastrous for Free Speech San Francisco - The Electronic Frontier Foundation (EFF) is urging a federal appeals court to reconsider its decision to order Google to take down the controversial "Innocence of Muslims" video while a...
Geneva Health Forum Meets To Discuss Solutions To Common Problems
The Geneva Health Forum (GHF), taking place on 15-17 April in Geneva, will discuss the theme “Global Health: Interconnected Challenges, Integrated Solutions.” This year’s forum aims to encourage an “integrative approach” to global health, “which better captures the underlying...
East African Community Moves To Harmonise IP Rights Regulation
KAMPALA - As the East African Community nears full revival, a bloc market covering five countries with a population of about 145 million people has emerged. But the member countries face another challenge: they have different levels of intellectual property rights protection.
Off-label uses of pharmaceuticals: News from Italy
A smiling Silvia Scalzini ... As patent law aficionados  may  know, this Kat is not the ultimate commentator on patent law and life sciences matters. However, she has recently been informed of interesting developments in the regulation of off-label uses of pharmaceuticals in her...
Zygmunt Bauman -- liquid copyright or solid plagiarism?
What a joyful era is that of postmodern society, when fixed hierarchies, old orders and classical scholarly rules of solid modernity have melted around us. What a wonderful world we live in, where a brave PhD student can catch one of the most famous sociologists alive with his hand in the cookie...
Warrant Canary Frequently Asked Questions
What is a warrant canary? A warrant canary is a colloquial term for a regularly published statement that a service provider has not received legal process that it would be prohibited from saying it had received. Once a service provider does receive legal process, the speech...
Educating the patent attorney profession - CEIPI course seeks trainees
The route to qualification as a patent attorney in the UK is a hot topic at the moment, with IPReg having consulted on a couple of proposals to significantly change the examination process for becoming a UK patent attorney, these proposals having been roundly criticised by both the...
Wild at Heart: Were Intelligence Agencies Using Heartbleed in November 2013?
Yesterday afternoon, Ars Technica published a story reporting two possible logs of Heartbleed attacks occurring in the wild, months before Monday's public disclosure of the vulnerability. It would be very bad news if these stories were true, indicating that blackhats and/or intelligence...
EU Trademark Case Leads To Rules On Use Of Nice Classification
The perhaps underestimated list of goods or services that applicants file with their trademark applications play an essential role in defining the protection the trademark will have.Registrars use this list to determine if an application should be refused and if it limits a trademark’s exclusive...
The Bleeding Hearts Club: Heartbleed Recovery for System Administrators
The Heartbleed SSL vulnerability presents significant concerns for users and major challenges for site operators. This article presents a series of steps server and site owners should carry out as soon as possible to help protect the public. We acknowledge that some steps might not...
House and Senate Bills Would Provide Incentive for Repurposing Old Biologics
By Donald Zuhn -- Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using a biological product. The companion bills, entitled...
Wednesday whimsies
Well done, Birgit, we're proud of you!   The IPKat and Merpel extend their paws in hearty congratulation of one of their own.  Fellow Kat Birgit Clark -- who started her blogging career as an ordinary mortal -- has now ascended to the lofty rank of Partner in the thriving IP practice of...
Of bottles and customs: a sensible ruling from the CJEU
Today the Court of Justice of the European Union (CJEU) delivered its ruling in Case C‑583/12 Sintax [or, if you prefer, Syntax: the CJEU uses both spellings] Trading OÜ v Maksu- ja Tolliameti Põhja maksu- ja tollikeskus , a reference for a preliminary ruling from Estonia's...
U.S. Patent No. 6,358,148: Control method, apparatus and carrier wave for difficulty in a...
U.S. Patent No. 6,358,148: Control method, apparatus and carrier wave for difficulty in a video game Issued March 19, 2002, to Square Co., Ltd. Summary: The ‘148 patent provides methods for controlling the difficulty in a role playing game. In the game the player can progress his...
I Think Using “Ƀ” For bitcoins Is a Good Idea
Some people push for using the Unicode symbol “Ƀ” for bitcoins . I am all for it. I think it is a big advantage that Unicode already has this covered. In contrast, using a capital “B” with four strokes added is impossible to write with a normal keyboard. And this is a good occasion to once...
Warning! You Are Being Watched.
The explosive growth of technology in recent years has given governments, intelligence agencies and big businesses, like Google and Facebook, monitoring tools to create a new empire of Big Brother. People have never been more scrutinised at any other time in human history...
Deliverance
United Video Properties, which owns TV Guide and Rovi, decided it wanted a prime cut of Amazon for infringing 6,769,128 & 7,603,690 . Carefully biased claim construction insured noninfringement.  The lynchpin was prosecution estoppel. Ironically, a term was struck...
Endo Pharmaceuticals Inc. v. Actavis, Inc. & Endo Pharmaceuticals Inc. v. Roxane Laboratories, Inc...
By Kevin E. Noonan -- The Federal Circuit's decision in the consolidated appeals of Endo Pharmaceuticals Inc. v. Actavis, Inc. and Endo Pharmaceuticals Inc. v. Roxane Laboratories, Inc. amply demonstrates the concept that you should be careful what you bargain for, wherein the Court...
UPOV To Examine ARIPO Legislation On Plant Variety Protection
Several committees of the International Union for the Protection of New Varieties of Plants (UPOV) will meet this week. One of them is called to assess a draft legal framework on plant variety protection from the African Regional Intellectual Property Office (ARIPO). The draft...
Old Tricks, New Rulings
Back in 2012, I noted that the magician and performer Teller was in hot legal pursuit of someone whom he accused of stealing his magic performance . Note that word carefully - performance is at issue here, as a judge who finally ruled for Teller last month has reaffirmed, you can't...
ACI "Paragraph IV Disputes" Conference, New York, April 28-28
American Conference Institute will be holding their 8th annual "Paragraph IV Disputes" conference on April 28-29 in New York.  Highlights of the conference include a district court judges panel, a magistrate judges panel, and an FTC keynote address.  Here is the...
Forging a new path: cost caps and contrary behaviour in cut-price IP court
Today has been one of those English spring days where the warmth of the approaching summer is starting to sneak into an otherwise dull and oppressive London sky, but the truth of the matter is that it's still worth snuggling up against the nearest available radiator It's also more than somewhat...
Supreme Court Hears Oral Argument in Alice Corp. v. CLS Bank Int'l
By Michael Borella -- On Monday, March 31, the Supreme Court heard oral arguments in the closely-watched Alice Corp. v. CLS Bank Int'l case. The question presented was "[w]hether claims to computer-implemented inventions -- including claims to systems and machines, processes...
EU Pharmaceutical Law Forum
Informa Life Sciences will be holding its 23rd Annual EU Pharmaceutical Law Forum on May 14-15, 2014 in Brussels, Belgium. The conference will offer presentations on the following topics: • Feedback from the EU Commission on competition law (keynote presentation) -- to be presented...
Nine Months Later
Part 52 of my  third global warming science fiction novel “Last Week” (last part) . Link to Part 1:  “Back To Paradise Era”. Tuesday, November 21, 2023, 1:34 P.M. Nine months had passed since Angel’s last week. Oil had gone up to $900 a barrel from the double shock of the 24th Century...
Another Reason E-Books Suck
A European reader wrote to tell me that in the EU, there is in inter-library loan possible for e-books. Is that also true in the US? Yet another way e-books are inferior to their physical older brothers I guess.
PLI Fundamentals of Patent Prosecution Seminar
Practising Law Institute (PLI) will be holding its Fundamentals of Patent Prosecution 2014: A Boot Camp for Claim Drafting & Amendment Writing seminar on May 13-15, 2014 in Chicago, IL, on June 11-13, 2014 in New York, NY, and on July 9-11, 2014 in San Francisco, CA...
Employer Gets Section 230 Immunity For Employee’s Posts–Miller v. FedEx
[Note: I am massively behind in blogging Section 230 cases. I probably have a dozen or so festering in my queue. C'est la vie. This case jumps to the front of the queue because of its recency and its relatively novel result.] Photo credit: enameled house number two...
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