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It Doesn't Matter Who Does the Lobbying: Trade Agreements Aren't the Place for Internet...
The Associated Whistleblowing Press released portions of draft text proposed by the United States for the Trade in Services Agreement (TISA) this week, revealing some alarming provisions that indicate how tech companies have been involved in influencing a secret international deal...
Can You Make a Porcelain Sculpture Out of a Sow’s Ad?
French newspaper Le Figaro reported this week that ad man Frank Davidovici is likely suing artist Jeff Koons for plagiarism. The Centre Pompidou in Paris is now showing a retrospective of Jeff Koons’ work. Among them is Fait d’Hiver , a porcelain sculpture representing a pig looking...
Fair Use Protects Sending Expert Witness’ Resume to Opposing Counsel–Devil’s Advocate v. Zurich...
Photo credit: resume // ShutterStock Most of us probably have never thought about the coprightability of our resumes or curriculum vitae. Most resumes are highly functional documents, i.e., we don’t write them for fun; and they are just an input into a more important output (like getting a...
EFF Asks Federal Circuit to Strike Down Overbroad Software Patents
There are many reasons software patents cause so much trouble. The Patent Office does not do a good job reviewing software patent applications to see if they are claiming something new. And these patents often describe the purported invention with highly vague and ambiguous...
Uganda Adopts Free And Open Source Software For E-Governance
The population in Uganda has been growing rapidly. The country now has 35 million people. In order to provide quality services to its citizens and to improve the national competitiveness through administration innovation, the government has adopted free and open source software...
Externalities and innovation: let me count the Waze
In a world obsessed with innovation and start-ups, we tend to forget that that are both costs as well as benefits that may ensue from such developments. Perhaps the most palpable example is the potential threat of innovation to current employment patterns, particularly in the so-called...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Sandoz Inc. 1:14-cv-02008; filed December 5, 2014 in the Southern District of Indiana Infringement of U.S. Patent No. 7,772,209 ("Novel...
Appeals Court: Accepting Lawyer’s Prove-me-Wrong Challenge Does not Form a...
shutterstock / orgus88: A old wanted posters / Vector wanted poster image This is a great case where a defense lawyer made a passing statement that his client could not have committed a murder he was charged with due to the sheer impossibility of traveling logistics. The Defendant...
At WIPO, Study On Copyright Exceptions Stimulates Broad Discussion With Author
During the recent meeting of the World Intellectual Property Organization copyright committee, a study was presented on exceptions and limitations to copyright for libraries and archives at the national level. The presentation spurred a full day of discussion about how to ensure libraries can...
BREAKING NEWS: breakfast ruling on unfertilised eggs
Ova and out! "AG Villalón's parthenotes Opinion in IMC could provide stem cell research certainty (at least for now...)" was the title of a helpful note by Shohta Ueno (an Associate with Allen & Overy's IP Litigation team in London) on the first stage of the Court of Justice's ruling in...
Impact of Interim Guidance on Business Method and Software Claims
By Michael Borella -- On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility. This Interim Guidance was the long-anticipated update to the Procedure for Subject Matter Eligibility Analysis of Claims...
U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game
U.S. Patent 7,559,834: Dynamic join/exit of players during play of console-based video game Issued July 14, 2009, to Microsoft Summary: The ‘834 patent allows for people to join in or leave a game without having to restart the current session. The patent is exemplified most notably in...
Yeah, No Thanks Toast & Butter
John Scalzi posted (on his Whatever blog) a fairly sharp takedown of the copyright-grabbing policies of Web sites "The Toast" and its companion "The Butter". Writer Beware first brought up the issue and Scalzi verified that the Toast/Butter copyright grab notice is not even in their...
Nintendo gets second chance from Federal Circuit on 3DS patent suit
Tomita Tech. USA, LLC et al. v. Nintendo Co., LTD et al. Federal Circuit Case No. 2014-1244 (non-precedential) On appeal from S.D.N.Y., case no. 1:11-CV-04256 Back in 2011, Tomita sued Nintendo over U.S. Pat. No. 7,417,664 , "Stereoscopic Image Picking Up and Display System...
TISA Negotiations: Yes To E-Commerce, Data Flows, No To IPR, Data Protection?
After two years of negotiations, the draft Trade in Services Agreement (TISA) stands at 17 horizontal and sector-specific proposals, negotiators told Intellectual Property Watch after the 2-5 December Geneva round of negotiations. The sector-specific annexes of the...
After the INTA conference: some helpful Kat-tips
After the conference ...   Last week this Kat was heavily involved in fellow Kat Neil's International Trademark Association (INTA) Trademarks Overlap conference in Munich, Germany (summarised in a series of 10 live Katposts which you can access via Alberto...
What is in the Future for Private Copy Levies in the EU?
A report published in November by the French consumer organization UFC-Que Choisir denounced the high rate of the French private copy levies and compared them to the lower rates of the other Member States. Indeed, the  rates of the private copy levies are not harmonized...
Is Every Orc an Author? On Rehearing, Judges Challenge 5-Second Copyright in Garcia v. Google
A panel of eleven Ninth Circuit federal judges heard oral arguments yesterday in Garcia v. Google , a copyright case arising from the notorious "Innocence of Muslims" video that was associated with violent protests around the world. The appellant, Cindy Lee Garcia, argues that she...
EFF in Court to Argue NSA Data Collection from Internet Backbone Is Unconstitutional
First Public Court Challenge to “Upstream” Internet Spying Oakland - The Electronic Frontier Foundation (EFF) will argue on Friday before a federal court that the National Security Agency (NSA) is violating the Fourth Amendment by copying and searching data that it collects by tapping...
2015: The Year of Blocking Injunctions?
Improving the legal framework for online enforcement of IP rights, notably copyright, has been probably the most debated policy topic in a number of jurisdictions in 2014, and will likely be so also in 2015. The recent decision of the Court of Justice of the European Union (CJEU) in...
The Faulty Logic at the Heart of Microsoft Ireland Email Dispute
Microsoft has been battling with the federal government over the Department of Justice's high profile attempt to get access to emails stored abroad in Ireland for the better part of 2014. The US government has claimed a US warrant is sufficient to get emails even when stored in another...
The Latest News In Intellectual Property From ANEPI Ecuador
Welcome to (ANEPI), the first Intellectual Property News Agency of Ecuador. The Agencia de Noticias Especializada en Propiedad Intelectual (ANEPI) publishes news, analysis, interviews, feature articles, a weekly update and more on Ecuador and the region, at...
EFF Statement on the 2015 Intelligence Authorization Bill
On Wednesday of last week, the Intelligence Authorization Act of 2015 passed in the US House of Representatives. The bill, H.R. 4681, contains Section 309 , which imposes guidelines for when the intelligence community can keep some communications collected under Executive Order...
USPTO to Release Revised Subject Matter Eligibility Guidance
By Donald Zuhn -- In a conference call this morning, Drew Hirshfeld, U.S. Patent and Trademark Office Deputy Commissioner for Patent Examination Policy, announced that the USPTO would be releasing revised guidance on subject matter eligibility later today and that the guidance...
Special Report: Copyright Policy At WIPO: A Plethora Of Topics, Concerns
World Intellectual Property Organization members continuously work to ensure international copyright policy is as responsive and helpful as possible to global changes. One thing they don’t lack is outside opinions on what they should do.A number of side events were organised during...
Come rain or come shine: “wetter.de” vs. “wetter.at”
The Higher Regional Court of Cologne recently had to decide in a dispute of the use of the sign “wetter.de” on a smartphone app for weather news. By way of background and as you may have guessed, the German word "das Wetter " (thanks for pointing out the typo) translates into...
Conference & CLE Calendar
December 15, 2014 - "Evolving PTAB Trial Practice: Navigating Complex Procedural Rules -- Strategically Using Routine and Additional Discovery, Requests for Joinder, and Motions to Amend" (Strafford) - 1:00 to 2:30 pm (EST) December 16, 2014 - "Strategic Considerations...
Oracle v Google: are certain elements of the Java platform entitled to copyright protection?
With so much happening in the field of IP, even the best-organised of IP blogs is hard-pressed to cover all the major issues that arise around the world. The IPKat and Merpel do their best, but are always grateful to receive a little outside assistance from time to time.  Here's a...
Comments, censorship and editorial balance
Yesterday the IPKat reminded readers that this blog does not refuse to post comments with which he and Merpel disagree. Since then it has received a number of comments to contrary effect. One, for instance, reads: "I have posted much comments in latest days such as...
IPO Webinar on Post-grant Proceedings and Parallel Litigation
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Estoppel and Privity in Post-grant Proceedings and Parallel Litigation" on December 18, 2014 beginning at 2:00 pm (ET). Nicholas Groombridge of Paul, Weiss, Rifkind, Wharton &...
Federal Court Agrees with EFF, Throws Out Six Weeks of Warrantless Video Surveillance
Update: O n December 15, Judge Edward Shea issued his written opinion in United States v. Vargas, which you can read here . The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the frontyard of someone's home without...
WTO: Talks On GI Register Start, Tied To Other Negotiations In July 2015 Deadline
An informal meeting of World Trade Organization members on a long-discussed register on geographical indications of wines and spirits today showed that member states were committed but not yet inclined to delve into the issues until they have a clearer picture of other sensitive topics of the...
Friday fantasies
"This is such a one-sided 'debate' due to IPKAT censorship of contradictory comments". This extraordinary statement was posted by an anonymous commenter today at 11:32:00, referring to the string of comments received in the wake of the Communique issued this morning by the...
BREAKING NEWS: EPO Communique -- Boards of Appeal "independent in principle"...
Here is the text of the communique issued this morning on the European Patent Office website: Munich, 12 December 2014 Communique on decisions taken by the Administrative Council at its 142nd meeting concerning senior employees and appointments and reappointments...
Japanese Foundation for Cancer Research v. Lee (Fed. Cir. 2014)
When you file a disclaimer, you'd better mean it By Kevin E. Noonan -- The Federal Circuit reversed a District Court decision this week in a case involving an improperly filed statutory (terminal) disclaimer, in Japanese Foundation for Cancer Research v. Lee. Caught between...
Ley de Retención de Datos de Tráfico en Paraguay: ¿La Pieza Clave del Sistema de Vigilancia Masiva?
En una audiencia pública en el Congreso Paraguayo el mes pasado , desde la Electronic Frontier Foundation junto con nuestros aliados paraguayos, la ONG TEDIC , dejamos claro nuestro rechazo a la la propuesta legislativa de retener los datos de tráfico de usuarios de Internet por 12...
Report Explains Rapid Rise In Chinese Patents; Compares Innovation Quotient
China has been filing patents at far greater rates than any other nation on earth in recent years. This week, a Thomson Reuters report broke down that growth and compared it with other leading nations on the basis of innovation.
Password Sharing Isn’t a Crime, EFF Tells Ninth Circuit
How many times have you logged into a computer or website with someone else’s name and password—maybe to retrieve information for a spouse or a friend—completely with their permission?   Can you imagine spending a year in prison for that? It sounds ridiculous. That’s why EFF filed...
Catch-up with Caoutchouc as Dalsouples clash in court
Right illustration, wrong case ... Until very recently this Kat did not have the pleasure of knowing the magnificent name "Dalsouple Société Saumuroise Du Caoutchouc". What an enchanting, mysterious title, how mellifluously it rolls off the tongue -- and how surprised he was, as a feline with very...
News from Abroad: Research Exemptions and Active Ingredient Manufacture
By Ralph Cox* & Kinjal Kondhia** -- After a series of papers, reports and consultations on the scope of the research exemptions to patent infringement stretching over 10 years, section 60 of the Patents Act 1977 was finally amended on 1 October 2014 by the introduction of new...
Pointing Users to DRM-Stripping Software Isn't Copyright Infringement, Judge Rules
Telling users how to strip the DRM from their legally purchased ebooks is not contributory copyright infringement, according to a ruling last month by a federal judge in New York. Judge Denise Cote dismissed two publishers' claims of contributory infringement and...
Leading European IP Judges join the chorus of condemnation
The chorus of condemnation: a true example of harmonisation in Europe? Just when Merpel thought her week could not get any more exciting, she’s proved wrong. She has learnt that two of the best-known and most highly renowned members of Europe’s IP judiciary have now...
EPO Supervisory Body To Face Fears Over Patent Quality, Judicial Independence
As staff strikes continue and the European Patent Office's Administrative Council prepares for what could be a contentious 11 December meeting, opinions are split over the effect of the turmoil on the office's role in Europe's unitary patent.
Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon...
Plaintiff, a lawyer, was charged with assault in 2008 and charged in 2009 for cyberstalking and witness harassment (based on one of his blog posts?) involving the same alleged victim. He was acquitted of both charges. His charges and trial received publicity. Popular law blog...
Limitations And Exceptions For Libraries, Archives And Education At WIPO: What To Know About...
The 29th Session of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization is currently underway. On the agenda, inter alia, will be discussions on Limitations and Exceptions to Libraries, Archives and Educational, Teaching and...
Wednesday Whimsies From Across the Pond
While Jeremy is returning from the INTA conference in Munich, here is a few bits of information gleaned here and there. A Trademark Infringement Suit is Not Easy to Wipe Off I learned about this story reading this tweet from New York trademark attorney Roberto Ledesma. The father of...
Hurray for judicial sense on product by process claims - Birss triumphs in Hospira v Genentech
This Kat did not have time to get round to reading Hospira v Genentech when it first emerged, and did not immediately notice that it was an entire new case in its own right, and not simply a codicil to the decision that he reported here .  Now that he has had chance to read it, he is sorry...
EFF Demands US Trade Negotiators Publish Their Public Records
It's no secret that the US Trade Representative (USTR) has approached the Trans-Pacific Partnership (TPP) negotiations with a disappointing lack of transparency. For years now , leaks have been an inadequate substitute to reasonable public policy, and non-corporate groups have...
Security Backdoors are Bad News—But Some Lawmakers Are Taking Action to Close Them
As many privacy advocates have pointed out recently, it looks like some people in the federal government are intent on reviving the failed Crypto Wars of the 90s. And despite recent assurances, the National Institute of Standards and Technology (NIST) still hasn’t done enough...
Pay it again scam
This morning's Tuesday Tiddlywinks post included an example of a renewal scam letter of the kind which savvy applicants and their advisors are all too aware, but which are targeted at smaller and less experienced applicants who may only have one or a few IP rights. The letter...
US-China Commission Puts Emphasis On IP Issues
The United States and China yesterday concluded a three-day high-level meeting with numerous outcomes on intellectual property rights, including: local treatment of IP, trade secrets, geographical indications, inventor rights, patent data, sales of IP-intensive goods and services...
As Hollywood Funds a SOPA Revival Through State Officials, Google (And The Internet) Respond
Almost three years ago, millions of Internet users joined together to defeat the Stop Online Piracy Act (SOPA) , a disastrous bill that would have balkanized the Internet in the name of copyright and trademark enforcement. Over the past week, we've been tracking a host of revelations...
Crossword Puzzle 2014: The Year in Copyright News
Over the last 12 months, IP spectators saw a lot of action in the arena of copyright and related law. We would tell you all about it, but that would be cheating. Instead, we'll leave you to test your knowledge on Crossword Puzzle Day, December 21. Download a printable PDF here , or play...
Battistelli and Kongstad respond to EPO criticisms
Managing Intellectual Property has just published an article containing a series of questions and answers , put by Managing Editor James Nurton to EPO President Benoit Battistelli and Chariman of the Administrative Council, Jesper Kongstad. The questions relate to the recent...
Friday fantasies
Forthcoming events . Plenty fresh events have been added to the IPKat's Forthcoming Events page in recent days, including a three-week course (13 to 31 July 2015) entitled "International IP Transactions: Practical skills and industry insights" run by UC Hastings together with Bucerius in...
More Misinformation Regarding the Patent System and Non-Practicing Entities
By Michael Borella and Andrew Williams -- The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of these issues...
EFF 2014 Holiday Wish List
For the last three years , EFF has greeted the holiday season by publishing a list of things we'd like to see happen in the coming year. Sometimes these are actions we'd like to see taken by companies, and sometimes our wishes are aimed at governments, but we also include...
Will A ‘Cast Of Thousands’ Become A ‘Cast Of Thousands…Of Plaintiffs’? A Preview of Garcia...
[Note: I wrote the following post on Monday before the oral arguments. I haven’t had a chance to view Monday’s oral arguments, but from the news reports and Twitter feeds, it sounds like Kozinski and McKeown will be squaring off. Let’s hope that works out better than the last Ninth Circuit...
A Kat's 2014 Copyright Awards
It's Katwards day! With the holidays and end of the year quickly approaching, it seems about time to think of what has been and what will be next in the world of the greatest IP right,  ie  copyright.  Like  last year , this Kat has decided to review the copyright year...
In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)
By Kevin E. Noonan -- In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad Genetics' motion for a preliminary...
The independence of the Boards of Appeal: Merpel roars again
Still troubled by goings-on at the European Patent Office There are many aspects of the recent events (See here  and links concerning the suspension of a member of the Board of Appeal, and here and links concerning the strikes and demonstrations) at the European Patent Office...
Wednesday whimsies
A time for GOLDENBALLS ... The Court of Justice of the European Union (CJEU) will be to all intents and purposes closed from 22 December to 6 January, though this Kat has no doubt that several of the CJEU's judges, and particularly those of the General Court, will be...
eBay Isn’t Liable for Selling Recalled Merchandise–Hinton v. Amazon
Photo credit: enameled house number two hundred and thirty // ShutterStock Due to Section 230, eBay generally isn’t liable when its merchants sell problematic goods. I believe the earliest ruling establishing this proposition is Stoner v. eBay , a 2000 case over bootleg recordings...
Global IP Registration Increases; China At Forefront Of IP Filings
The World Intellectual Property Organization this week issued its 2014 edition of the World Intellectual Property Indicators report, finding growth in intellectual property filings in China and the United States, and decline in Europe and Japan.
Be careful with your requests, especially if you want to appeal
This moggy noticed a report on the Deltapatents blog of a salutary little decision of T 2157/10  from the Technical Boards of Appeal of the European Patent Office, dated 14 November 2014, and posted on 3 December 2014 [ so some work is still being done at the EPO...
USPTO Issues Interim Guidance on Subject Matter Eligibility
By Donald Zuhn -- Earlier today, the U.S. Patent and Trademark Office published its interim guidance regarding the examination of claims for subject matter eligibility under 35 U.S.C. § 101 (which the Office announced yesterday) in the Federal Register (79 Fed. Reg. 74618). The Federal...
First Amendment Bars School Discipline For Student’s Rap Video About School Coaches
Bell was a student at Itawamba Agricultural High School in Fulton, Mississippi. A few female students told Bell that two male athletic coaches had made inappropriate comments toward them. Bell, an aspiring rapper, made a video about the two coaches. shutterstock / Leishman – cartoon man...
Patton goes to War Over Use of Name and Likeness in Video Game
Catching up on some reading from last week, Ars Technica (via Video Gamer Law ) reports on a new lawsuit filed by the rights holder to Patton's name and likeness against Maximum Family Games for their game "History(R) Legends of War: Patton."  The complaint alleges...
Annual Brussels IP Summit: Fresh Ideas In A Classic Context
BRUSSELS – In an age where technology and globalisation play an ever-increasing role, it must be asked whether the policy goals and structures of the intellectual property system remain relevant in Europe and beyond. In this regard, the newly elected “Junker Commission,” in office...
Playing by the Rules: or a tale of Fault and Default in infringement proceedings
We all need rules ... After the momentous world-shaking blogposts of last week, it's great to get back to the nitty-gritty and to focus once again on the small picture. In this vein, this Kat considers  Ahmet Erol v Global Fashion Links Ltd,  another of those small, almost...
Lawyer Disciplined for Sending Facebook Message to Adverse Party
An 18 year old had sex with a co-worker and ended up pregnant. She gave up the baby for adoption, but the biological father did not consent. The mother had signed an adoption consent form. Prior to the date of the hearing to terminate the father’s parental rights, the biological father’s...
Monday miscellany
Forthcoming events . Several new items have been added to the IPKat's Forthcoming Events list for 2015, including a little batch of IBIL events. Do check out this list when you get the chance. If you like secrets, " "Trade Secrets Protection & Enforcement: powering business growth...
EFF to Challenge Podcasting Patent Before USPTO
Battle to Stop Patent Troll Reaches Oral Argument Alexandria, Va. - The Electronic Frontier Foundation (EFF) will argue at a public hearing Wednesday that the U.S. Patent and Trademark Office (USPTO) should invalidate key claims of a patent used by notorious patent troll...
Never too late! If you missed the IPKat last week ...
Last week was the busiest in the IPKat's history, with a total of 29 blogposts . We're all a bit exhausted and expect that our readers are too. Thanks so much for sticking with us during this fascinating but definitely difficult period in the history of intellectual property governance.  Anyway...
French Fashion Industry Eyes Ways To Better Use IP Rights For Protection
PARIS – Fashion industry representatives and others in France are mulling ways to use the intellectual property system more effectively to protect innovations in fashion, with the support of the French government.
Celltrion Healthcare Co. v. Kennedy Trust for Rhematology Research (S.D.N.Y. 2014); Hospira...
By Kevin E. Noonan -- Earlier this month, Judge Paul Crotty, U.S. District Court Judge for the Southern District of New York handed down rulings in two separate cases related to the biosimilars law (the Biologics Price Competition and Innovation Act, or BPCIA) and how the Act's dispute...
WIPO Members Conclude Year Positively With Copyright Committee, Despite No Changes To Text
The World Intellectual Property Organization's last committee meeting of the year finished on an amiable note last week. The committee on copyright did not advance on text drafting but, according to the chair and a number of delegations, the weeklong meeting was an opportunity for...
The Battle of Trumpton: parody, or protection of kippers?
Many a nostalgic soul hankers for the comfort and security of the days of his or her youth , when the sun always shone and life was incomparably easier. However, while the recently- and fondly-remembered past has much to commend it, most political parties would be hard-pressed...
Webinar on Top Patent Law Stories of 2014
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar on the "Top Patent Law Stories of 2014" on January 20, 2014 from 10:00 am to 11:15 am (CT). For the past seven years, the Patent Docs weblog has presented an annual, end-of-the-year review of the top...
Important "Innocence of Muslims" Copyright Case To Be Re-Argued Monday
A panel of eleven Ninth Circuit federal judges will hear oral arguments Monday in a rehearing of Garcia v. Google , a copyright case arising from the notorious "Innocence of Muslims" video that was associated with violent protests around the world. The appellant, Cindy Lee Garcia...
Libraries Face Off Against Publishers and the European Union at WIPO
“It is disturbing to learn that African governments support copyright exceptions”, said author Elinor Sisulu, in a pamphlet distributed by the International Authors' Forum to delegates at the World Intellectual Property Organization (WIPO) in Geneva this week. At a side event organized...
Copyright Exceptions For Libraries: WIPO Should Step Up Before Someone Else Does, Researcher...
The author of a World Intellectual Property Organization-commissioned study said this week that WIPO should take the lead on the issue of limitations and exceptions to copyright for libraries, before the debate and the solution are left to other actors.
More on Product-by-Process claims - what is the law, why is it, and what should it be?
My post on Wednesday morning has attracted a large number of comments, including many thoughtful contributions, and so I would like to follow up concerning the wider issue of product-by-process claims (independent of the specific Hospira v Genentech case), gathering up...
Badly behaved politicians, Parliamentary Pirates and a point of copyright principle
Amelia Andersdotter Merpel has received a call for assistance from an unusual source: Amelia Andersdotter . A Swedish politician and former Swedish  Pirate Party Member of the European Parliament, Amelia does not yet share all of Merpel's perspectives on intellectual...
PTAB Update -- Hatch-Waxman-Watch Edition
By Andrew Williams -- The pharmaceutical industry has been closing watching the proceedings at the Patent Trial and Appeal Board ("PTAB" or "Board") to see if inter partes review ("IPR") will be a viable option for generic drug companies seeking to challenge Orange-Book-listed...
EFF Joins Dozens of Groups in Call for Transparency in Trans-Pacific Partnership Talks
Groups Demand That Negotiators Release Text of Secret Trade Deal Washington, D.C. - The Electronic Frontier Foundation (EFF) has joined dozens of civil society groups from around the world in calling for the release of the secret text of the Trans-Pacific Partnership (TPP)—a massive...
48 Civil Society Groups and Experts Call on TPP Negotiators to Follow EU's Lead and Release...
EFF joins 47 other civil society groups and experts from around the world to call on trade ministers of countries negotiating the Trans-Pacific Partnership (TPP) to publish the current draft of the agreement, as well as all nations' negotiating positions. The TPP has been negotiated in...
Six more judges criticise Battistelli's actions
The EPLAW Patent Blog has just posted a further very significant development, showing that the chorus of condemnation (discussed also here and here ) about the "house ban" of an Appeal Board member continues to grow. This latest development follows last night's major news...
Google announces end of News in Spain
IPKat readers will remember that last year Germany introduced an   ancillary right  that grants press publishers the exclusive right to exploit their contents commercially for one year, thus preventing search engines and news aggregators from displaying non-insignificant...
Google News Shuttered in Spain Thanks to “Ancillary Copyright” Law
Today, Google has announced that it will be permanently shutting down the Spanish version of Google News , effective from December 16, 2014. The shutdown comes in direct response to amendments to the Spanish intellectual property law (Ley De Propiedad Intelectual) imposing a...
Horrid Host
DDR Holdings v. Hotels.com illustrates the incompetence and caprice of Federal courts in handling patent cases. Asserted claims in 6,993,572 & 7,818,399 were found valid and infringed by a jury. District court Judge Rodney Gilstrap in East Texas rebuked motions as a matter of...
U.S. Patent No. 7,591,721: Video game that imposes penalty for violation of rule
U.S. Patent No. 7,591,721: Video game that imposes penalty for violation of rule Issued Sep. 22, 2009, to Square Enix Summary: The ‘721 patent describes a video game apparatus which allows a character to move between two predetermined locations. The invention also provides for a...
Recording of the Declaration of the Independence of Cyberspace Released on Vinyl
It’s been over 14 years since EFF co-founder and former Grateful Dead lyricist John Perry Barlow penned the now-famous “ Declaration of the Independence of Cyberspace ." And since 1996, his words have become even more relevant than they were then: In China...
Will India, US Bridge Divide Over Intellectual Property Rights?
There is an uptick in India-United States relations. US President Barack Obama will be in India in January as the chief guest at the country’s Republic Day Parade. Obama, who hosted India’s new Prime Minister Narendra Modi in Washington in September, will become the first US...
NGOs Offer Views For WIPO Members Creating IP Rights Treaty For Broadcasters
World Intellectual Property Organization members have been working in relative secrecy this week to decide how far to apply intellectual property rights protections on broadcasts. To guide them, nongovernmental organisations offered a range of views, from sweeping protections to...
On Human Rights Day, We Remember Jailed Human Rights Defenders
This statement was drafted with SMEX, Global Voices, and individual actors. The original post can be found here . Today, on Human Rights Day , we remind the world of our many friends who have broken the silence of oppression by expressing their thoughts, asking questions, and thinking...
Sandoz Inc. v. Amgen Inc. (Fed. Cir. 2014)
By Andrew Williams -- Last year, Sandoz filed a declaratory judgment action against Amgen and Roche related to its etanercept biosimilar drug product, which it developed to compete with Amgen's Enbrel® TNF inhibitor. Specifically, Enbrel® is a receptor fusion protein that binds TNF-α...
The Danger of New Post-Fixation Rights in the WIPO Broadcasting Treaty
The World Intellectual Property Organization ( WIPO ) has been working towards the development of a Treaty on the Protection of Broadcasting Organizations since 1998; about three times as long as the Trans-Pacific Partnership negotiations have taken so far, but with far less to show...
Troll-Proofed Defensive Patent License Launches With 23 Patents From EFF Cofounder
In the movement toward patent reform, the Patent Office, Congress, and the courts aren't the only targets for change. Individual and corporate patent owners have steps they can take to reduce the harmful effects of software patents and disempower patent trolls, largely through alternative...
EFF Asks Court to Shine Light on Patent Troll's Claims
Legend has it that trolls turn to stone when faced with sunlight. That’s why yesterday, EFF filed a motion in the Eastern District of Texas (a favorite jurisdiction for patent trolls) to intervene and unseal documents in a patent infringement case. In the motions, EFF argues that the...
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