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Life Sciences Stakeholders Assess Accessing Emerging Markets
PARIS –Life sciences stakeholders at a recent conference explored matters associated with market access in the BRICS (Brazil, Russia, India, China, South Africa) and in the Middle East and North Africa regions.
Students Re-Launch Open Access Button App to Find Free Access to Scientific and Scholarly...
Millions of people use research everyday. From students, medical professionals, to curious hobbyists, we all benefit from being able to access, read, and cite reliable, tested information. But getting the research we need can be hard and costly when it's locked up behind expensive...
International Copyright Policy Laundering and the Ongoing War on Access to Knowledge
How is it possible that someone could face years in prison for sharing an academic paper online? How did we arrive at such extreme criminal punishments for accessing knowledge and information? Well, this has been long in the making. We got here because Big Content interests have...
Little-Known Case May Dramatically Change US Patent System
The patent case recently argued before the US Supreme Court is relatively unknown, and for good reason. It involves no exciting new technology. It has no controversial patent claims (e.g., covering human genes). However, Teva Pharms. USA v. Sandoz, Inc. could produce major...
UPOV Meetings Conclude With New Observers; Tanzania Can Become UPOV Member
The international body protecting new varieties of plants concluded a week-long set of meetings with a number of decisions, among which was the re-appointment of its secretary general, and the addition of an international organisation and a farmers' organisation as observers...
Wednesday whimsies
"Thank you" 1 .  In a world which is as full of anger, resentment and selfishly bad manners as the one in which we sometimes seem to be living, it never hurts to express a little gratitude from time to time.  It is in a spirit of genuine appreciation that the IPKat, Merpel and all the...
EPO Relaxes Unity Procedural Rules - how it works in practice
Sometimes, topical and important IP developments do not lend themselves to levity or cat-based metaphors.  The relaxing of the procedural rules of the European Patent Office, in the case that the claims of an International application under the Patent Cooperation Treaty are...
AntiCancer, Inc. v. Pfizer, Inc. (Fed. Cir. 2014)
By Andrew Williams -- Anyone that has been monitoring the outcome of district court cases recently will be aware of the perils of not including sufficient information, or not timely supplementing, preliminary infringement or invalidity contentions required by many local patent rules. The...
WTO Director General Presents TRIPS As Major Tool For Trade Growth
World Trade Organization Director General Roberto Azevêdo this week hailed WTO’s intellectual property agreement, saying the past two decades show it provides a balanced multilateral foundation for the growth of trade in knowledge-rich products and services.
Open Letter from Diego Gomez: "Access to Knowledge Is a Global Right"
The progress of knowledge is fueled by people who dedicate their lives to a field—to read, examine, and absorb everything they can out of passionate intellectual curiosity. Diego Gomez is one of these individuals, and is dedicated to the conservation of reptiles and amphibians...
Review of “Digital Depression: Information Technology And Economic Crisis”
Information and communication technologies (ICTs), and in particular the internet, have revolutionized and disrupted all aspects of human activity, and even behaviour. This has resulted in many academic publications and much discussion, including in intergovernmental bodies...
Obviousness, common general knowledge and expectations of success: Leo gets a mauling
Obviousness and common general knowledge are features of patent law that are of very limited application, if any at all, in most other areas of intellectual property.  For this reason it all too often happens that Katposts on these issues are skipped by readers who consider patent law...
The Troubling Arguments from the Government in Smith v. Obama
We’ve filed our reply brief in the appeal of Smith v. Obama , our case challenging the NSA’s mass telephone records collection on behalf of Idaho nurse Anna Smith. The case will be argued before the Ninth Circuit Court of Appeal on December 8, 2014 in Seattle, and the public is welcome...
Online enforcement "has a colour and a name": blocking injunctions - A closer look at the...
Typical moment outside the Rolls Building last Friday As Jeremy announced with a breaking news post , last Friday Arnold J issued his 266-paragraph judgment in Cartier and Others v BskyB and Others , a case concerning the possibility of requiring internet service providers (ISPs) to...
Free as in Open Access and Wikipedia
This is a guest post by Yana Welinder, Legal Counsel at the Wikimedia Foundation and Non-Residential Fellow at Stanford CIS . If you have comments on this post, you can contact her on Twitter or her Wikimedia talk page . Wikipedia and the other Wikimedia sites are closely...
Celebrating Open Access Week: Research Should Be Free, Available, and Open
Welcome to the eighth annual Open Access Week ! We're joining an international community—researchers and students, doctors and patients, librarians and activists—to celebrate free and open access to knowledge. This is also a time to discuss the barriers and costs of keeping...
Never too late: if you missed the IPKat last week
Is it really sixteen weeks since our good friend and fellow blogger Alberto Bellan commenced this series of round-ups of the previous week's IPKat blogposts? It is indeed, and our Kat-stats show that, in some cases, the number of people reading blogposts the week after they were first...
Conference & CLE Calendar
October 21, 2014 - "Recent Judicial Decisions Impacting Technology Licensing" (McDonnell Boehnen Hulbert & Berghoff LLP) - 10:00 to 11:15 am (CT) October 21, 2014 - "Patent Reissue: Strategic Use for Pre- and Post-AIA -- Correcting Errors in Patents, Determining Whether and...
Fill in the form, keep your hair: UPC IT Prototype needs your feedback
The AmeriKat's Sunday evening screen For the AmeriKat, Sunday afternoons are all about scrubbing away the week's frustrations , been and to come, around her flat to the westward drum of Led Zeppelin.  Afterwards, if the siren call of her day job doesn't beckon her, she often...
Winning the lottery type game is your destiny - Sweepstakes Patent Company
Sweepstakes Patent Company, LLC v. Burns et al. and Mosely et al. Southern District of Florida Case Nos. 0-14-cv-62351 and 0-14-cv-62354  In two new cases, plaintiff Sweepstakes Patent Company (SPC) accuses internet cafe service providers in Florida of infringing two...
Another competition -- this time for the literary minded
Another competitition!  Fellow Kat Eleonora's friend and colleague Sophie Stalla-Bourdillon is already running this design-a-logo competition for The University of Southampton's iCLIC centre.  However, if your talents are more literary, there's a compose-a-limerick...
The innovation champs for 2014; the best of times or the worst of times?
First, a Dickensian moment, from " A Tale of Two Citie s": "It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the...
What Are You Doing For Open Access Week?
This Monday, October 20 marks the first day of Open Access Week , an international event that celebrates the wide-ranging benefits of enabling open access to information and research–as well as the dangerous costs of keeping knowledge locked behind publisher paywalls...
Munich Re Continues to Back Desert Based Solar
Says this article at PV-Tech. They cite Munich Re renewable energy spokesman Stefan Straub like this: “The concept phase is closed and something new needs to be developed. The three main companies that remain in Dii will continue this development as they are industrial...
Cyber-Espionage and Trade Agreements: An Ill-Fitting and Dangerous Combination
Yesterday's leak of a May 2014 draft of the Trans-Pacific Partnership (TPP) agreement revealed the addition of new text criminalizing the misuse of trade secrets through "computer systems", as mentioned in our previous post about the leak. This is a significant revelation, because...
French Designer Sonia Rykiel Did Not Copy Shoes, Says Paris Court
Readers of this blog already know that U.S. shoe maker Converse has filed a trademark infringement and trade mark dilution suit against K Mart in the Eastern District of New York and also requested the U.S. International Trade Commission to institute an investigation under Section 337...
The TPP’s New Plant-Related Intellectual Property Provisions
The newly-released Trans-Pacific Partnership (TPP) intellectual property (IP) chapter would help seed conglomerates like Monsanto prevent farmers from saving and using seeds that contain patented plant materials, even when such use is for their own personal...
Leaked TPP Draft Reveals Extreme Rights Holder Position Of US, Japan, Outraged Observers Say
Critics poring over a newly leaked alleged draft of the Trans-Pacific Partnership agreement (TPP) intellectual property chapter say it shows the United States is taking an all-out lurch toward greater protection and less access, causing outrage among public interest groups.
Lions, and Tigers, and.... Joustin' Beavers?
RC3, Inc. v Bieber Florida Middle District Court, No. 3:2012cv00193 Florida based game developer RC3 created a game, Joustin’ Beaver, in which a beaver that jousts must navigate the whirlpool of success, sign otter-graphs, and avoid the phot-hogs. Justin Bieber’s...
Converse sues for trade mark infringement of iconic Chuck Taylor All Star
It is commonly known that only successful products are copied, and Converse shoes are no exception. The Chuck Taylor All Star  sneakers, introduced almost a century ago (in 1917) are Converse’s signature shoes and are still very popular. Deciding that they had had enough of their...
Finland’s Citizen Copyright Initiative In Doubt: A Sad But Necessary Win For Cross-Border Online...
It was reported in a number of news outlets last week that the Finnish Parliament is close to  rejecting  the country's first crowdsourced copyright reform initiative. Titled  Common Sense For Copyright (“Initiative”), the Initiative  called for the expansion of copyright fair...
Latest TPP Leak Shows US Still Pushing Terrible DRM and Copyright Term Proposals—and New...
Today Wikileaks published a new draft of the Trans-Pacific Partnership (TPP)’s intellectual property chapter. This draft text, from May 2014, gives us another look into the current state of negotiations over this plurilateral trade agreement’s copyright provisions since another draft was leaked last...
Sometime Next Year, HBO Will Become Netflix
For a while now I've subscribed to the argument that Netflix had to become HBO faster than HBO could become Netflix . It's said that a large percentage of people keep their cable subscriptions for two reasons: HBO and ESPN. It seems like someone at HBO has finally woken up to the...
Chemists and mech/elecs unite!
The IPKat has been alerted to a change in format for the EQE (the qualifying exam to become a European Patent Attorney), thanks to Bart van Wezenbeek of V.O. Patents & Trademarks, who learnt of it last week at a meeting between EPO exam committee members and the EPO...
Desertec Setback
Most of the participating companies in the “ Desertec industrial initiative  (Dii)” have decided not to extend their membership over the end of this year. After this decision, Dii is left only with the World’s largest electric utility company ( SGCC ), one of the largest German utilities...
Sherry Knowles Addresses Real World Impact of Myriad-Mayo Guidance at BIO Symposium
By Donald Zuhn -- Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo Guidance. The Guidance, which...
New Report Finds Users Want Copyright to Respect Creators, Free Expression, and...
Canadian digital rights organization, OpenMedia , released a copyright report today that crowdsourced input from users from around the world. Their survey asked users to express their thoughts about copyright and to determine what issues they would like policymakers to prioritize in constructing...
Civil Liberties Groups Appeal Ruling Over Automatic License Plate Reader Data
The Electronic Frontier Foundation and the ACLU Foundation of Southern California are taking the fight over automatic license plate reader (ALPR) data to the next level by asking the California Court of Appeal to rule that the public has a right to know how Los Angeles cops are tracking...
Act Now: California Public Utilities Commission Will Take A Stand On Net Neutrality Tomorrow
UPDATE: Just hours before the California Public Utilities Commission was scheduled to vote on whether or not the powerful state regulator would support the FCC's deeply flawed net neutrality proposal, the item was removed from today's agenda. This is the second time a vote on this...
Les Wednesday Whimsies
Jeremy put me in charge of this week’s Whimsies, and I shamelessly take advantage of it to promote French products. Here it goes... The World is My [Counterfeited French] Oyster The Gillardeau company, a French oyster producer based in the Marennes-Oléron region, which is...
IT Innovation Supporting Home-Grown Solutions In Uganda
With the world’s youngest population, fast-rising access to internet and rapid spread of the use of mobile phones, Ugandans are starting to embrace information and communication technology innovations. This is confirmed by the increasing number of mobile and web applications...
College Students vs Rising Textbook Prices
NPR's "Planet Money" blog has an interesting piece on the tussle over college textbook pricing . The nominal cost of the (physical) books keeps skyrocketing, but the amount students actually pay out has stayed remarkably level. The reason has much to do with students' stubbornness and...
Special Report: Russia Modernises Its Intellectual Property Law
As of 1 October, major amendments of the Civil Code of the Russian Federation (the RF Civil Code) came into force concluding the most recent and extensive legislative revision since Part I of the Code was adopted in 1994. Changes affected substantive and procedural norms...
EU Legislation On Nagoya Protocol Becomes Effective; What Effect On Indigenous Peoples’...
The entry into force of an international treaty facilitating access to genetic resources and ensuring the fair sharing of potential commercial benefits has prompted the applicability of a European Union regulation relating to the treaty. This led a researcher to call on the treaty members...
Never too late: if you missed the IPKat last week
Maybe ... but not for Alberto and the IPKat! Our dear friend  Alberto Bellan  ( @albertobellan ) is back again with a great summary of last week's Katposts. Here we go with the fifteenth episode in his very much praised #NeverTooLate series: * Speaker needed: might...
UPOV Governing Body Meets This Week Amid Civil Society Concerns Over Harmonisation
The International Union for the Protection of New Varieties of Plants (UPOV) is holding meetings of its governing and technical bodies this week. In particular, the UPOV Council is expected to renew Francis Gurry's mandate as the organisation’s secretary-general, approve technical...
Guest Post: Myriad -- A Direct and Unexceptional Approach
By Paul Cole* -- Is there a chain of reasoning that leads to the outcome in Myriad more shortly and directly than that outlined by Justice Thomas and without invoking judicial exceptions? It is strongly arguable that this is indeed the case and that, applying Occam's razor, the shorter chain...
Bad Medium
EMD Millipore sued Allpure over its device to put "a medium" into and get out of a jar ( 6,032,543 ). It lost in summary judgment, for noninfringement, owing to prosecution estoppel. It's easy to tell how lame the assertion was when the claim construction argument went...
Sports Continue to Tiptoe Away from Cable Monopolies
Interesting piece on Techdirt about how the NBA is joining other major US professional sports leagues in moving away from an "all our viewers are cable subscribers" world . As more and more people cut the cord (or try to, if they're unfortunate enough to be Comcast customers) it's...
Google Asks for Supreme Court Review
As I figured back in June , Google has asked the Supreme Court to review the (let's not mince words here) complete hash that the CAFC made of the decision . If you recall, this started out being a patent case and somehow mutated into a copyright decision that allowed Oracle to hold...
Third Quarter Venture Funding Declines 27% from Second Quarter
By Donald Zuhn -- Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the third quarter of 2014. The report, which is prepared by the NVCA and...
This Week’s Vote Will Show Who Finnish MPs Listen To On Copyright, EFFi Says
On 24 October, the Finnish Parliament is expected to vote on the Citizens' Initiative for Common Sense for Copyright Act, which aims to make Finnish copyright law more user-oriented. But with a proposal to gut the Act, a counter-proposal to save it, and unprecedented lobbying...
Congress Is Considering A New Federal Trade Secret Law. Why? (Forbes Cross-Post)
[Two brief introductory notes: (1) the trade secret bills have been dormant in Congress pending the November elections, but don't rule out the possibility of them roaring back immediately thereafter, and (2) I have uploaded an expanded version of this post , with extensive citations, to...
TRIPS Council Next Week: Tobacco, Innovation, Non-Violations, Public Health Review
The next meeting of the World Trade Organization Council on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is scheduled to take place on 28-29 October. In addition to the regular agenda items of the Council, two additional agenda items have been submitted by...
BGH decision "Yellow dictionary" colour trade mark dispute
The German Federal Court of Justice (Bundesgerichtshof, short: BGH) has now published the full grounds (in German) of its recent decision in the "yellow dictionary" trade mark dispute between German publishing house Langenscheidt and RosettaStone...
Patentability: a perpetual problem
First law of thermodynamics strikes again. Peter Crowley v United Kingdom Intellectual Property Office  (unreported, but noted on the Lawtel subscription-only service) is one of those cases that should never be allowed to happen. It's an extempore Patent...
Obvious After the Fact
A petition for rehearing en banc at the CAFC for a drug obviousness case ( Bristol-Myers Squibb v. Teva - CAFC 2013-1306 ) was denied. What was remarkable was the inane confusion at the court. Judges Dyk and Wallach stated that "post-invention evidence" is rightly not allowed...
EFF, Internet Archive, and reddit Oppose New York’s BitLicense Proposal
Privacy, Economic and Free Speech Flaws in Proposed Bitcoin Regulatory Scheme San Francisco - The Electronic Frontier Foundation (EFF), along with reddit and the Internet Archive, today filed formal comments with the New York State Department of Financial Services opposing the...
Event: Patentable Subject Matter After Alice v. CLS Bank: How Courts and the USPTO Are Reacting
The Palo Alto Area Bar Association (PAABA) and the International Technology Law Association (ITechLaw) are teaming up to provide a luncheon panel discussion on the practical implications of the Alice v. CLS Bank decision. In her dissent to the Federal Circuit Alice decision, Judge...
Ebola Vaccine Candidates Centre Of Attention; Clinical Trials, IP Negotiations Start
Today, the World Health Organization gave a press briefing to update journalists on what to expect in the near future on Ebola treatments and vaccines.
Tripp Trapp and the Third Dimension: a study in trade mark registrability
It's catch-up time again as the impossible quest to keep abreast of all the major IP rulings continues and this Kat gets the feeling that he is not so much making progress as merely chasing his tail.   Case C‑205/13   Hauck GmbH & Co. KG v Stokke A/S, Stokke...
The Indefiniteness of What is "Routine, Well-understood and Conventional" in Assessing...
By Kevin E. Noonan -- Castigating the Supreme Court, at least in patent circles, has become as prevalent as the Court's forays into patent law have been to overrule the Federal Circuit. While even those who give the Court the benefit of the doubt and appreciate the parsimony with...
Monday miscellany
It is with sadness that the IPKat records the death of Peter Low. Peter, a European and UK patent attorney with Wilson, Gunn M'Caw till his retirement in 1997, has the unenviable record of having given tutorials for the UK patent attorney qualifying examinations for over twenty years, as well has...
EFF Launches Updated Know Your Rights Guide
In the U.S., if the police come knocking at your door, the Constitution offers you some protection. But the Constitution is just a piece of paper— if you don’t know how to assert your rights. And even if you do assert your rights…what happens next? That answer may seem complicated, but...
Art & Law in Chicago
Our friends at the John Marshall Law School in Chicago sent me an announcement for their 6th Annual Symposium that is taking place in a couple weeks. The theme this time is "Art Meets Law: The Intersection of Art and Intellectual Property" and features filmmaker and political critic...
USTR’s Investigations On IP Rights Against India: Is There A Tenable Case?
On 14 October, the US Trade Representative (USTR) began the out-of-cycle review (OCR) of India’s intellectual property (IP) laws, the mandate which it gave itself in the 2014 Special 301 Report. Like several years in the past, the USTR once again included India in the Priority Watch...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Laboratories FL Inc. et al. 1:14-cv-01309; filed October 15, 2014 in the District Court of Delaware • Plaintiff: Tris Pharma Inc. • Defendants:...
After patent litigation, is trade mark litigation the next big topic?
Patent: a big, shiny obsession with IP litigators So many major conferences, seminars, lectures and other events have recently been organised in the field of patent litigation that one might be tempted to think that it is the only species of IP that ever gets litigate.  Understandably there...
Galileo sees stars as ESA logo marches on
Galileo back in court .  The original Galileo Galilei was no stranger to dispute, and it seems that one of the many businesses that has borrowed his name has been following in his footsteps -- with nothing much to show for it in the courts of Europe [you can get a feel for Galileo's...
The UPC and Investor – State Arbitration
Henning Grosse Ruse-Khan What are the international investment law implications of the Unified Patent Court (UPC)?  No, (thankfully) this is not an exam question for undergraduates taking the IP course (although you never know…), but rather the issue that Katfriend Henning...
Compare and Contrast Approaches to the DMCA
Mike Masnick at Techdirt published two stories this past week that give an interesting comparison in approaches to handling DMCA takedown notices. First, Google came out with its "how we fighr piracy" report. As Masnick notes, there's not much new in here. He frames it as Google...
Feeling a bit artistic? Here's a contest for you
Charles has already started creating: what are YOU waiting for? Today the IPKat is delighted to host a guest contest organised by Kafriend   Sophie Stalla-Bourdillon  (University of Southampton), who is looking for a logo for the new interdisciplinary Centre for Law, Internet and...
MBHB Webinar on PTAB Invalidity Proceedings
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "PTAB Invalidity Proceedings -- Lessons Learned in the First Two Years" on November 20, 2014 from 10:00 am to 11:15 am (CT). MBHB attorneys Alison Baldwin and Rory Shea will look at the rise of...
EFF Response to FBI Director Comey's Speech on Encryption
FBI Director James Comey gave a speech yesterday reiterating the FBI's nearly twenty-year-old talking points about why it wants to reduce the security in your devices, rather than help you increase it. Here's EFF's response: The FBI should not be in the business of trying to convince...
New ODNI Report Doesn’t Address Mass Surveillance, Provides "Flexibility" to Skirt...
Earlier today, the Office of the Director of National Intelligence (ODNI) released an optimistically titled report Safeguarding the Personal Information of all People. This is basically a status update from ODNI on how they are doing in implementing Presidential Policy Directive 28 , which...
EFF to Patent Office: There’s Nothing Wrong With Throwing Out Bad Patents
Earlier this year, Randall Rader, then Chief Judge of the Federal Circuit , called a group of administrative patent judges “ death squads .” What had these judges done to deserve such savage criticism? They had done exactly what Congress intended: found some bad patents invalid...
CBS to HBO: Wait for Us!
Well, this is a surprise: broadcast network CBS has announced it too will offer a subscription service . This is good news and bad news. First, it's good that CBS is figuring out the same logic that finally hit HBO : significant (if not all) viewership growth is going to happen online...
BREAKING NEWS: Cartier and friends score over ISPs: Open Rights Group intervenes
The judgment is not yet posted on BAILII, but today Mr Justice Arnold, sitting in the Chancery Division of the High Court of Justice, England and Wales, gave his decision in Cartier, Montblanc and Richemont v BSkyB, BT, TalkTalk, EE and Virgin (Open Rights Group intervening) ...
Friday fantasies
Forthcoming events.   Just a quick reminder: readers, please -- especially if you are seeking continuing legal education points, looking for inspiration or desperate for some decent networking -- check out the IPKat's Forthcoming Events page.  Not all of the events on...
No Means
Robert Bosch sued Snap-On for infringing 6,782,313 , which claims a motor vehicle diagnostic tester. Alas, the tester had no specification support for a testing device. The courts found insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit "means for" element.  Another...
Cambridge Assoc., LLC v. Capital Dynamics (PTAB 2014); PNC Bank v. Secure Axcess, LLC (PTAB...
By Michael Borella -- As the fallout of the Supreme Court's Alice Corp. v. CLS Bank decision propagates through the USPTO and lower courts, many patent applications and patents directed to business methods are being rejected or struck down for failing to meet the patentable subject...
Apples and Oranges in the IP5 Statistics, or how to make your patent filing statistics look more...
Patent filing statistics: a fruitful topic to pursue. Peter Arrowsmith (partner in London-based patent attorneys Cleveland) has been subjecting patent statistics to some careful scrutiny of late. If readers' comments are anything to go by, Peter's two-part post on the Great British Vanishing...
UNCTAD Forum: Local Drug Manufacturing A Key To Universal Health Coverage
Local production of medicines in developing countries is key to advancing universal health coverage, but other factors need to be considered, such as the involvement of all stakeholders and policy coherence in governments, according to speakers attending the World Investment...
OpenMedia vs the TPP
OpenMedia have published their (crowdsourced) proposed alternative to the secret, corporate-handout TPP . Their proposal argues for respecting creators, prioritizing free expression, and using democratic (not secret) processes to determine what intellectual property regime should govern...
A clear vision of genuine use: Specsavers v Asda (again)
Should the extensive use of the SPECSAVERS logo (left) be regarded as use of the black logo (right) consisting of a pair of overlapping ovals, so that the latter mark can be regarded as having been put to genuine use? The answer is yes, according to Lord Justice Kitchin for the Court of...
USTR Sets Deadline For Comments On Review Of Indian Protection Of US IP
Comments must be submitted in the new two to three weeks for an extraordinary review by the United States government of India's protection of US intellectual property rights.
Is NY DFS Backing Off Its Attack on Bitcoin Developers? The Devil Will Be In The Details.
Last night, New York Department of Financial Services Superintendent Ben Lawksy gave a speech at the Benjamin N Cardozo School of Law in which he reportedly backed down from the threat of forcing software developers who innovate around Bitcoin to obtain licenses. According...
Beware the BitLicense: New York’s Virtual Currency Regulations Invade Privacy and Hamper Innovation
With assistance from Marcia Hofmann What if you picked up a cup of coffee on your way to work and paid $2.00 in cash, only to have the man behind the counter request your home address? "My home address?" you might ask.  "Yes," he might reply, "And your full legal name. I’m...
CopyrightX 2015 (online course) Now Open
(They rejected me last year but I figure I can give them some publicity anyway.) The Berkman Center is once again offering a 12-week online course in copyright law and policy. Applications are open as of this posting and accepted through Dec 15. Here's the online application...
Preparations Begin For Lisbon Revision At WIPO; Procedural Question Raised
The 28-member Lisbon Agreement for the Protection of Appellations of Origin and their International Registration is en route to being revised to include geographical indications and allow international organisations to join the agreement. But some other member countries of the...
Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?
By Andrew Williams -- On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction determination. We have been previewing this...
"Amazon is crowdsourcing their slush pile"
That's the judgment of Jim Hines (himself a traditional and e-book published author) in looking at the Amazon Kindle Scout program . Hines compares the contract terms Amazon is offering and finds them lacking compared to traditional contracts, as well as containing a "rights grab...
Is This Henley a Shirt or a Musician?
WARNING: this post may plant the lyrics to “Hotel California” in your mind. Don Henley, a member of the Eagles music band and also a solo musician, is suing clothing retailer Duluth Holdings in the CentralDistrict Court of California , alleging that an advertisement created by Defendant is...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Teva Pharmaceuticals USA, Inc. et al. v. Mylan Pharmaceuticals Inc. et al. 1:14-cv-00167; filed October 7, 2014 in the Northern District of West Virginia • Plaintiffs:...
Nintendo Updates Take Wii U Hostage Until You "Agree" to New Legal Terms
When you buy a device, you expect to own it. You expect to be able to open it up, mess with it, and improve it. At the very least, you expect it to continue to work for its intended purpose. What you don't expect is that the manufacturer will remotely cause the device to stop functioning unless you...
Conference & CLE Calendar
October 15, 2014 - European biotech patent law update (D Young & Co will be offering its next) - 4:00 am, 7:00 am, and 12:00 pm (ET) October 16, 2014 - "Patent Licensing: Advanced Tactics for Licensees Post-AIA -- Structuring Contractual Protections and Responding When...
Nampak: when a patent suit is too simple to go to trial
From the productive pen of occasional guest Paul England (Taylor Wessing LLP) comes the following note on Nampak Plastics Europe Ltd v Alpla UK Ltd , in which the Court of Appeal for England and Wales upheld a ruling by Mr Justice Birss. "The inherently technical subject matter at...
Rule 84 and Patent Trolls
Inside Council reported last month that The Judicial Conference of the U.S. has approved the elimination of Federal Rule 84 . This is a small procedural change, but may have a large-sized effect on patent trolls that mass-file suits. The idea is to eliminate a simplification that is being...
EFF to Court: A Trademark Is Not A Censorship Tool
Any organization that takes a stand on controversial issues can expect some criticism. And this criticism might involve someone commenting on the organization’s trademarked name or logo. For example, opponents of the NRA have suggested that “NRA Stands for Next Rifle Assault.” Critics...
IPO Webinar on Teva v. Sandoz
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Claim Construction Deference: Teva v. Sandoz at the U.S. Supreme Court" on October 17, 2014 beginning at 2:00 pm (ET). Paul Berghoff of McDonnell Boehnen Hulbert & Berghoff LLP, Adam...
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