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EFF to Supreme Court: No Real-Time Cell Phone Tracking Without a Warrant
Washington, D.C.—The Electronic Frontier Foundation (EFF) urged the U.S. Supreme Court to review a troubling ruling that allows police to obtain—without a warrant—location data from people’s cell phones to track them in real time. EFF, joined by the Center for Democracy & Technology...
Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa...
You probably remember the story about a new dad’s Facebook Live broadcast of his baby’s birth. His video was covered by many media outlets, including some outlets that published snippets of the video (re the defendants in this case: 30 seconds for NBC, 22 seconds for ABC and...
Celebrate 120 years of AIPPI in Sydney
The AmeriKat has never managed to get her paws to Australia .  The farthest she has ever been south of the equator was her trip to Rio two years ago where her sightseeing consisted of a blurry glance of Christ the Redeemer on the way back to the airport.  But this...
Re-using Amazon item numbers (ASINs) for similar goods can constitute trade mark...
To encourage consistency across the site and make the sales process as easy as possible for consumers, Amazon encourages sellers to use pre-existing generic ASINs (or Amazon Standard Identification Numbers) where possible. A recent IPEC case, Jadebray  & Noa and...
Conference & CLE Calendar
June 27, 2017 - "CRISPR Confusion: A Legal and Practical Analysis for IP Professionals" (Technology Transfer Tactics) - 1:00 to 2:00 pm (Eastern) June 27, 2017 - "Essential Developments in Patent Subject Matter Eligibility: What Lies Ahead in 2017?" (The Knowledge Group) - 12:00 to 2:00...
Webinar on Labeling and Induced Infringement in Pharma Patent Litigation
Strafford will be offering a webinar/teleconference entitled "Labeling and Induced Infringement in Pharma Patent Litigation and Protecting IP Rights" on July 13, 2017 from 1:00 to 2:30 pm (EDT). Thomas L. Irving and Barbara R. Rudolph of Finnegan Henderson Farabow Garrett &...
Webcast on Developments in Patent Subject Matter Eligibility
The Knowledge Group will offer a live webcast entitled "Essential Developments in Patent Subject Matter Eligibility: What Lies Ahead in 2017?" on June 27, 2017 from 12:00 to 2:00 pm (EST). Fang Xie of Greenberg Traurig, LLP; Robert McFarlane of Hanson Bridgett LLP; Mark...
BMW wins appeal over use of trade mark to promote spare parts business
The BMW "Roundel" Spare parts and intellectual property have a long and complicated history, particularly as far as the car industry is concerned.  A recent Court of Appeal decision has swung the pendulum back a bit in favour of rights holders. BMW v Technosport London...
Saturday Sundries
*  WIPO Roving Seminar There is still time to reserve a place at the Italian Roving Seminar on WIPO services, which will take place in Bari on 5 July 2017. There is no charge for registering or attending. In addition to the presentations and panel discussions, there will be...
How the STRONGER Patents Act Would Send Innovation Overseas
Senator Chris Coons introduced a bill this week called the STRONGER Patents Act [ PDF ]. The bill contains many terrible ideas. It would gut inter partes review (a valuable tool for challenging bad patents). It would overturn the Supreme Court’s decision in eBay v. Mercexchange...
AG Szpunar advises CJEU to rule that a red sole may not be just a colour
Every woman's dream red soles Can a colour be considered akin to a shape, so that a sign that consists exclusively of a colour "which gives substantial value to the goods" cannot be registered as a trade mark? As readers might notice, this question should be phrased differently...
Small Business Fights for its Life, Wins with Alice
Michael Skelps was celebrating on New Year’s Eve with family and friends when he got a strange email from a lawyer. It said that Michael’s company, Capstone Photography, had just been sued for patent infringement. Michael went from celebrating to worrying about whether...
A Startup Runs Into A Patent on Picture Menus
If you’ve ever seen a picture menu, you’ve seen the supposed ‘invention’ claimed by U.S. Patent 6,585,516 . Although it had a complex-sounding title (“Method and system for computerized visual behavior analysis, training, and planning”), the patent simply claimed using picture...
An Attack on Net Neutrality Is an Attack on Free Speech
Several US senators spoke out this week on the importance of net neutrality to innovation and free speech. They are right. The Internet has become our public square, our newspaper, our megaphone. The Federal Communications Commission is trying to turn it in something more akin to...
Does the Packingham Ruling Presage Greater Government Control Over Search Results? Or...
By guest blogger Heather Whitney [Heather is a Visiting Researcher at Harvard Law School (Spring 2017). She has also been Bigelow Fellow & Lecturer in Law at University of Chicago Law School (2014-2016) and a Googler (2007-2010). She will be a doctoral candidate in...
EFF to the SEC: Get a Warrant
If the federal government wants to compel an online service provider, like Yahoo or Google, to turn over your email, they need a warrant. That's the industry-accepted best practice, implemented by nearly every major service provider . More importantly, it's what the Fourth Amendment requires. The...
A googol of generic questions in Ninth Circuit's Elliott v Google decision
If you were going to ask a friend to search something online, what word or phrase would you use to direct him or her to conduct that search?  "IPKat it", of course!  Kat jokes aside, this question was at the center of the recent Ninth Circuit Court of Appeals (Ninth Circuit) judgment...
BIO International Convention 2017 Preview
BIO, Biologics, and Biosimilars By Andrew Williams -- The 2017 BIO International Convention began earlier this week, but there are still many sessions and forums still to come. Patent Docs has been highlighting a few sessions or other opportunities, in thematic fashion, to help you navigate...
Copyright Law Shouldn’t Pick Winners
Mandatory Filtering Proposals Curb Competition When looking at a proposed policy regulating Internet businesses, here’s a good question to ask yourself: would this bar new companies from competing with the current big players? Google will probably be fine, but what about the...
Help EFF Track the Progress of AI and Machine Learning
The field of machine learning and artificial intelligence is making rapid progress. Many people are starting to ask what a world with intelligent computers will look like. But what is the ratio of hype to real progress? What kinds of problems have been well solved by current machine...
Ban on Sex Offenders Using Social Media Violates First Amendment–Packingham v. North Carolina
Yesterday, the Supreme Court struck down a North Carolina law that banned registered sex offenders from using social media sites. It’s a rare treat to get a Supreme Court opinion delving into Internet content regulations, and as a bonus, this case enthusiastically embraces Internet exceptionalism...
Supreme Court Strikes Down Social Media Ban for Sex Offenders
The U.S. Supreme Court, in Packingham v. South Carolina , unanimously struck down a state law that banned registered sex offenders (RSOs) from using all Internet social media, holding that the law violated the First Amendment. EFF and our allies Public Knowledge and...
BREAKING: US Supreme Court holds provision preventing registration of disparaging trade...
The Slants Can signs which are offensive and disparaging be registered as trade marks? Similarly to EU trade mark law, which prohibits registration of signs "which are contrary to public policy or to accepted principles of morality"   [Article 4(1)(f)   Trade Mark Directive ; Article 7(1)(f)...
Never Too Late: If you missed the IPKat last week!
Don't let the sun go down on me... Too busy soaking up the sun (which kindly decided to show up) to keep up with the latest IPKat news? No problem! Here is the 151 st edition of Never Too Late! "Mozart and Other Pirates" Guest Kat Stephen reports on an event at UCL organised by the...
Conference & CLE Calendar
June 19-22, 2017 - BIO International Convention (Biotechnology Innovation Organization) - San Diego, CA June 22, 2017 - "Conflicts in Patent Prosecution: Avoiding the Ethical Pitfalls -- Minimizing Risks of Malpractice Liability and Ethics Sanctions" (Strafford) - 1:00 to 2:30 pm...
Sunday Surprises
BREXIT: proprietà intellettuale e concorrenza will take place on 22 June 2017 at the LUISS School of Law in Rome. The event is organized in cooperation with AIPPI and will have as speakers IPKat Eleonora Rosati, Luigi Carlo Ubertazzi, Franceso Casale, Lamberto Liuzzo, and Luciano Bosotti...
Webinar on CRISPR
Technology Transfer Tactics will be offering a webinar entitled "CRISPR Confusion: A Legal and Practical Analysis for IP Professionals" on June 27, 2017 from 1:00 to 2:00 pm (Eastern). Patents Docs author Kevin E. Noonan of McDonnell Boehnen Hulbert & Berghoff LLP will...
Webcast on Patent Eligibility Determinations in a Post-Alice World
The Knowledge Group will offer a live webcast entitled "Patent Eligibility Determination in a Post-Alice World: Significant Updates & Developments" on June 29, 2017 from 12:00 to 1:30 pm (EST). Orlando Lopez of Burns & Levinson LLP, James J. DeCarlo of Greenberg...
Kiss singer seeks trade mark registration for hand gesture
Graphic representation of the gesture enclosed in Simmons' application before the USPTO A cat glad to see that Simmons did not apply for the registration of dangling tongues On Monday, the infamous Gene Simmons (better known for his work as the co-lead singer of the band Kiss...
As a Provider Fought a Secret Surveillance Order, Court Denied It Access to Relevant Law
The U.S. government’s foreign surveillance law is so secretive that not even a service provider challenging an order issued by a secret court got to access it.  That Kafkaesque episode —denying a party access to the law being used against it—was made public this week in a...
Congratulations to the Winners of EFF's First Tech Trivia Night
On June 1, people from across the San Francisco Bay Area gathered for EFF's inaugural Tech Trivia Night under the watchful eye of quizmaster and Staff Technologist Cooper Quintin a.k.a. The Cybertiger. Following in the footsteps of EFF's popular Cyberlaw Trivia Night , now in...
Event report: Trends in the creative digital economy
Copyright Kat Clowder 'What's happening in the creative digital economy?' A recent event, hosted by  CREATe  (the RCUK Centre for Copyright and New Business Models in the Creative Economy), explored “ Trends in the Creative Digital Economy: Findings from the...
The Espionage Act: One Hundred Years of Murky Law
June 15, 2017 is the 100 th anniversary of the passage of the Espionage Act. Earlier this year, as if to commemorate the centennial, President Trump suggested to then-FBI Director James Comey that he extend the Act into new territory—that he use it to prosecute journalists . While no...
As the Espionage Act Turns 100, We Condemn Threats Against Wikileaks
The federal law that is commonly used to prosecute leakers marks its 100th birthday on June 15,2017. Signed into law on June 15, 1917 , the Espionage Act 18 U.S.C. § 792 et seq., was Congress’s response to a fear that public criticism of U.S. participation in World War I would impede...
Bitmain Hard Fork
Bitmain has announced that they will sponsor a hard fork of the Bitcoin network in early August. It is supposed to go live a couple of days after the UASF (user-activated soft fork), which has an activation date of August 1st, 2017. Bitmain is known for building mining hardware and running a mining...
German court orders Google to stop linking to Lumen Database
As readers with an interest in online enforcement issues will know, the Lumen database (formerly Chilling Effects) “collects and analyzes legal complaints and requests for removal of online materials, helping Internet users to know their rights and understand the law. These data enable us...
BREAKING: CJEU says that site like The Pirate Bay makes acts of communication to the public
Is there a communication to the public within the meaning of Article 3(1) of the  InfoSoc Directive  by the operator of a website  [The Pirate Bay, TPB] , if no protected works are available on that website, but there is a system therein by means of which metadata on...
Understanding Public, Closed, and Secret Facebook Groups
There are as many different uses for Facebook groups as there are Facebook users, from sports leagues to alumni groups to community movements. No matter how you use Facebook groups, you may be sharing locations, planning events, and exchanging contact information that you would...
Special K and beyond: tennis brands
Former InternKat Nick Smallwood has shared his thoughts on what happens what tennis players choose to trademark themselves. The Special K’s: Kyrgios left, Kokkinakis, right.  Australian tennis player Thanasi Kokkinakis is fighting an opposition from Kellogg's over attempts to...
Sandoz Inc. v. Amgen Inc. (2017)
By Kevin E. Noonan and Andrew Williams -- Earlier today, the Supreme Court handed down its opinion in Sandoz Inc. v. Amgen Inc., marking the first time the Court has interpreted the Biologics Price Competition and Innovation Act ("BPCIA") for the approval of biosimilar drugs. The...
New York Rushes To Enact Terrible Right of Publicity Law
The New York State Legislature is considering a bill that would radically reshape its right of publicity law. Assembly Bill A08155 [ PDF ] would dramatically expand New York’s right of publicity, making it a property right that can be passed on to your heirs – even if you aren’t a New York...
BREAKING: German Constitutional Court stops implementing legislation for Unitary Patent...
German Constitutional Court's building According to a tweet by journalist Hendrik Wieduwilt , the German Constitutional Court has asked the German legislator not to put implementing legislation for the Unified Patent Court and Unitary Patent into force. More to be reported in tomorrow's...
Conference report: Innovation and Competition in Life Sciences - Law Part II
Claudia Seitz (U of Basle) opened the afternoon session with a presentation on data exclusivity and marketing protection, followed by Alesch Staehelin exploring the legal implications of the “internet of health(care) things”. Claudia pointed out that while regulatory data protection would in...
Credit Acceptance Corp. v. Westlake Services (Fed. Cir. 2017)
Claims Directed to Providing Financing for Allowing a Customer to Purchase a Car found Invalid under 35 U.S.C. § 101 By Joseph Herndon -- In a precedential opinion, the Federal Circuit affirmed a final written decision of the Patent Trial and Appeal Board ("Board") in a Covered Business...
IPO Webinar on Venue Transfers
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Venue Transfers and Section 1400(b) -- After Heartland" on June 13, 2017 from 2:00 to 3:00 pm (ET). Kenneth Adamo of Kirkland & Ellis LLP, Brett Johnson of Winston & Strawn LLP, and Bill...
Examiner Citations of Smartgene, Cyberfone Drop After McRo Memo
By Robert R. Sachs   After Alice , the USPTO's various guidance memoranda included references to non-precedential Federal Circuit decisions, particularly Smartgene , Cyberfone , and Planet Bingo,  as examples of patent-ineligible subject matter.  Naturally, examiners...
California Finally Releases Wiretap Dataset
In 2016, California investigators used state wiretapping laws 563 times to capture 7.8 million communications from 181,000 people, and only 19% of these communications were incriminating.  The year's wiretaps cost nearly $30 million.  We know this, and much more, now that the...
AIPPI/AIPLA Event: Copyright in a digital age - US and UK perspectives
With the AmeriKat spending much of her time flicking between the US and UK this year, she has been enjoying some UK/US comparative legal analysis of the two IP systems.  Although there is much changing in the patent realm on both sides of the Atlantic, those changes...
A Tight Squeeze: Matters of Comity and Justiciability
Chugai Pharmaceutical v UCB [2017] EWHC 1216 (Pat) is a decision of Mr Justice Henry Carr (correctly named in full to avoid any possible confusion with Mrs Justice (Sue) Carr), which is given in admirably clear terms despite its complex subject matter. The Japanese...
French Counseil d'État invalidates decrees implementing law on out-of-commerce works
The late Marc Soulier In late 2016 the Court of Justice of the European Union (CJEU) issued its   decision   in   Soulier and Doke , C-301/15   [commented   here   and   here ] . As readers will remember, this was a reference for a...
Last Chance: AIPPI UK Garden Party this Wednesday
If you start talking about Brexit on Wednesday, you will soon find the AmeriKat in a nearby lavender bed... The AmeriKat remembers her first AIPPI Garden party almost 10 years ago where, as a tiny kitten and encouraged by Kat Jeremy Phillips, she pawed across the lawn of...
UPC Order on Privileges & Immunities placed before Parliament today
From the UK IPO's Unified Patent Court Taskforce, comes this e-mail update about the Unified Patent Court (Immunities and Privileges) Order 2017: Secondary legislation in the form of an Order on Privileges and Immunities for the Unified Patent Court were laid in...
Event invitation - The Pirate Bay communicates to the public: are there any more online infringement...
Kats discussing EU copyright law while drinking some tea With its recent decision in Ziggo , C-610/15 ( The Pirate Bay case, here ), the Court of Justice of the European Union (CJEU) has clarified that a platform like The Pirate Bay might be regarded as primarily liable for unauthorised...
GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc. (D. Del. 2017)
District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits By Donald Zuhn -- Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S. District Court for the District of Delaware issued...
IPO Webinar on Exhaustion
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Exhaustion Unleashed: Licensing, Other Business Strategy, and Litigation after Lexmark" on June 28, 2017 from 2:00 to 3:00 pm (ET). Paul Jahn of Morrison & Foerster LLP; William Krovatin of...
Seminar on Japanese Patent Law Developments
The Intellectual Property Law Association of Chicago (IPLAC) International Patent Committee will be offering a seminar on "Important Developments in Japanese Patent Law" by Kisaragi Associates on June 30, 2017 from 5:00 to 6:00 pm (CT) in Chicago, IL. The seminar will provide...
Webinar on PTAB Full or Partial Denials
Strafford will be offering a webinar/teleconference entitled "Lessons from PTAB Full or Partial Denials to Obtain a Denial and Avoid an IPR" on July 6, 2017 from 1:00 to 2:30 pm (EDT). Thomas L. Irving, Joshua L. Goldberg, and Cory C. Bell of Finnegan Henderson Farabow Garrett &...
Section 230 Protects Google’s Decision Not To De-Index Content–Bennett v. Google
Dawn J. Bennett was a financial advisor in major trouble with the SEC . She also has a sporting apparel company . She hired an SEO, Pierson, to improve the search engine indexing of her website. After a payment dispute, Pierson posted a blog post that starts out “DJ Bennett, the luxury...
How the STRONGER Patents Act Would Send Innovation Overseas
Senator Chris Coons introduced a bill this week called the STRONGER Patents Act [ PDF ]. The bill contains many terrible ideas. It would gut inter partes review (a valuable tool for challenging bad patents). It would overturn the Supreme Court’s decision in eBay v. Mercexchange...
Trump and his coat of arms
From INTEGRITAS to Trump It is normally Trump's hands which get the press attention but his [coat of] arms have been in the news as well recently. As Tian noted in her recent post on  Trump's Chinese trade marks , Trump and the Trump organisation's trade mark filing practices...
Recognicorp, LLC v. Nintendo Co. -- Petition for En Banc Rehearing and Amicus Briefs
By Paul Cole* -- Proceedings for infringement of U.S. Patent No. 8,005,303 (Recognicorp, assigned from IQ Biometrix) resulted in an appeal decided on 28 April 2017, which decision was reviewed in this space by Michael Borella, and also criticised (see "Regnoicorp -- A...
The Patent Troll and the Scavenger Hunt
Ken Cooper runs a small business out of his home. Unfortunately Ken’s business was not so small that it avoided the notice of a patent troll. Ken has been writing code since 1973. His life in programming has ranged from small personal projects to founding a software company...
Saved by Alice: How a Key Supreme Court Decision Protects Businesses from Bad Patents
In 2014’s Alice v. CLS Bank , the Supreme Court ruled that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. Since then, Alice has provided a lifeline for real businesses threatened or sued with bogus patents. This week, on the...
UPDATE: Former Constitutional Court judge weighs in on UPC ratification suspension
Prof. Broß   The JUVE news blog has published a short interview with former Constitutional Court judge Prof. Dr. Siegfried Broß on the constitutional complaint against the UPC-ratification in Germany. Broß believes that the EPO Boards of Appeal are not independent from the EPO...
Life as an IP Lawyer: Sydney, Australia
The AmeriKat's professional life, be it on the Kat or sat at her desk litigating her hours away, involves a huge amount of coordination, support and opposition with lawyers from all over the world. One of the IPKat's key objectives is to bring this global IP community closer together by sharing IP...
Supreme Court Not A Fan Of Trademark Ban - A Reasoned Analysis of Matal v. Tam
SUPREME COURT NOT A FAN OF TRADEMARK BAN By  R. Gregory Israelsen On Monday, June 19, 2017, the Supreme Court held in  Matal v. Tam [i]  that the disparagement clause of the Lanham Act violates the Free Speech Clause of the First Amendment, and...
Frequency of Courts’ References to Emojis and Emoticons Over Time
[This is another excerpt from my Emojis and the Law paper .] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to the many known limitations of researching cases in Westlaw and...
Wolfing down those veggies: it's a matter of the right descriptive term
Ask a trademark attorney about descriptive marks, and she will tell you that they are ineffective as a source indicator. As such, descriptive marks usually give rise to one of two strategies: (i) argue that the mark is not generic, with the hope that secondary meaning/acquired distinctiveness...
Around the IP Blogs!
This Kitten is delighted to bring you the highlights from some recently published IP blogs! Ben Challis reports on The 1709 Blog about Drake’s victory in the lawsuit filed by the Estate of James Oscar Smith, case 1:14-cv-02703-WHP . The case involved the inclusion in Drake’s song “Pound...
Be Prepared: Summer Security Camp
EFF has just launched the Summer Security Camp , a two-week membership drive that challenges people everywhere to gather ‘round the online rights movement and prepare for the privacy and free speech challenges in their paths. Through the 4th of July, anyone can join EFF or...
Supreme Court Rejects Expansion of Government-Speech Doctrine In Tam Case
The Supreme Court’s unanimous decision in Matal v. Tam striking down the trademark non-disparagement requirement as unconstitutional is a big victory for the First Amendment. First, the Court strongly pushed back against the expansion of the government-speech doctrine...
Restoring Privacy Protections for Californians
Californians now have a chance to reclaim crucial online privacy protections. Earlier this year, Congress narrowly voted to repeal federal privacy rules that kept your ISP from selling information about who you are and what you do online without your permission. Today, California...
Babbling Prodigiously and Incoherently - Lanham Act Disparagement Clause Ruled Unconsitutional
BREAKING NEWS: Lanham Act Held Partially Unconstitutional Today the United States Supreme Court held that the disparagement clause of the U.S. Trademark Act (also known as the Lanham Act) is unconstitutional.  In Matal v. Tam ( formerly Lee v. Tam , but Michelle...
BIO International Convention 2017 Preview
BIO and the Microbiome By Andrew Williams -- The 2017 BIO International Convention begins this week in San Diego. This convention has become an important destination for all organizations working in the biotechnology space, but the large amount of information and opportunities available...
Suncontract Token Sale Review
I just found out about the token sale scheduled later this month for the “Suncontract” project, by clicking on an ad at coinmarketcap. Here is their website . And here is a thread on bitcointalk announcing the project. A first glance shows that this project is based in Slovenia, a country that...
USPTO PTAB Judicial Conference
The U.S. Patent and Trademark Office Patent Trial and Appeal Board will be hosting Judicial Conference on June 29, 2017 from 1:00 to 5:00 pm (ET) in the Madison Auditorium on the USPTO campus in Alexandria, VA. The program is intended to educate the public about aspects...
Webinar on Section 102 and Prior Art
Strafford will be offering a webinar/teleconference entitled "Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions" on June 29, 2017 from 1:00 to 3:30 pm (EDT). Anthony D. Del Monaco, Doris Johnson Hines, Thomas L. Irving of Finnegan Henderson Farabow...
Webinar Debate on Patent Ownership
CPA Global will hosting a webinar entitled "Who Owns the World's Patents?" on June 22, 2017 beginning at 11:00 am (EST). The webinar will offer a debate from Microsoft, Cravath Swaine & Moore LLP, and board members from ORoPO™ (Open Register of Patent Ownership)...
Top 100 Universities Worldwide Granted U.S. Patents in 2016
By Kevin E. Noonan -- The National Academy of Inventors and the Intellectual Property Owners Association released a report last week on the top 100 universities worldwide granted patents in 2016. Overall, universities were granted 6,768 patents; the Top 10 (9 in the U.S. and one from...
ParisTribunal supports heir's claim to looted painting
This SherlocKat isnt fooled by this ownership business An heir claims ownership over his ancestor's painting seventy-years and six months after the death of his ancestor... and the Paris Tribunal seems likely to grant his request. How is it possible?  Elementary, my dear...
A Tale of Stability - Business Models in the Creative Industries
In the digital era, the phrase on on the lips of everyone in the creative industry  has been, "business models." Touted as a panacea for the potential copyright ills of the internet, business models were a fundamental part of the Hargreaves 2011 inquiry into copyright in the digital era...
IPO Releases List of Top 300 Patent Holders for 2016
Life Sciences Top 55 By Donald Zuhn -- Last week, the Intellectual Property Owners Association (IPO) announced the release of its 34th annual list of the top 300 organizations receiving U.S. patents (see "Top 300 Organizations Granted U.S. Patents in 2016"). Patent Docs Readers may recall...
The Espionage Act's Troubling Origins
One hundred years ago, President Woodrow Wilson signed the Espionage Act into law, and since then it has been used to criminalize the disclosure of national defense and classified information. Dissent-Stifling Roots At the turn of the 20 th century, anti-immigrant, xenophobic sentiments...
Standing with Diego
Sharing Is Not a Crime A few weeks ago, we joined the global open access community in celebrating that Diego Gomez had finally been cleared of criminal charges for sharing scientific research over the Internet without permission. Unfortunately, the fight is not over yet. The...
In response to EFF lawsuit, DOJ releases 18 new opinions of the FISC concerning Section 702
Last night, the Department of Justice produced eighteen previously secret opinions of the Foreign Intelligence Surveillance Court (FISC). The opinions all relate to Section 702, the warrantless surveillance authority scheduled to sunset at the end of the year. The opinions were...
The challenge of big data: we ignore it at our professional peril
Permit this Kat, the beneficiary of four years of high school Latin a half of century ago, to treat “data” both in the singular and plural, even in the presence of “datum”. And like it or not, data, the bigger the better, is here to stay. Well, maybe it is not IP in the classic sense. But as a form of intangible...
News from Abroad -- German Constitutional Court Holds up German Ratification of Unitary Patent...
It was reported yesterday that the German Constitutional Court has asked the German Federal President not to ratify the Unified Patent Court Agreement (UPCA) for the time being. The request is the result of a complaint (Az.:2BvR 739/17) made to the Constitutional Court by an unnamed...
Tuesday Wonders
Copyright in the digital age: US and UK perspectives  will take place on 15 June 2017 at the Bird & Bird office in London. The event is organized by AIPPI UK and will have as speakers IPKat Eleonora Rosati and Maria Scungio. Also, a webinar for the event will be available...
Never Too Late: If you missed the IPKat last week!
Been away and want to catch up with last week's IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 150th edition of Never Too Late. BREAKING: German court makes two (very important) copyright references to the CJEU IPKat Eleonora Rosati...
In Response to EFF Lawsuit, Justice Department Scheduled to Release Significant FISC Opinions...
Tomorrow, the government is scheduled to release a group of significant opinions of the secret Foreign Intelligence Surveillance Court (FISC). The documents are being released as a result of a FOIA lawsuit filed by EFF last year , seeking disclosure of all of the FISC’s still-secret...
Qatar's Crisis is About Freedom of Expression
The tiny Gulf country of Qatar is in crisis. Over the past few weeks, members of the Gulf Cooperation Council have systematically sought to isolate and suffocate the country , accusing Qatar of supporting extremism, severing diplomatic ties, and calling upon their allies to do the...
Trademark Registrations for Emojis
[This is another excerpt from my Emojis and the Law paper .] The Trademark Office has registered emoji trademarks. On January 20, 2017, I conducted a search in the TESS database for “emoji” and identified 385 records. At that time, most of those are pending trademark applications; I...
Conference report: Innovation and Competition in Life Sciences Law - Part I
On Friday, an international conference on “ Innovation and Competition in the Life Sciences Law ” organized by the Center for Intellectual Property and Competition Law (University of Zurich) and the Center for Life Sciences Law (University of Basle) was held in Basle. The speakers...
Conference & CLE Calendar
June 12-14, 2017 - Summit on Biosimilars*** (American Conference Institute) - New York, NY June 13, 2017 – European biotech patent law update (D Young & Co) - 4:00 am, 7:00 am, and 12:00 pm (ET) June 13, 2017 - Patent Quality Chat webinar series (U.S. Patent and...
Webinar on Conflicts in Patent Prosecution
Strafford will be offering a webinar/teleconference entitled "Conflicts in Patent Prosecution: Avoiding the Ethical Pitfalls -- Minimizing Risks of Malpractice Liability and Ethics Sanctions" on June 22, 2017 from 1:00 to 2:30 pm (EDT). Philip Furgang of Furgang & Adwar and Dr. Sandra...
“Offensive, Rude, Annoying, Mean-Spirited & Ill-Advised” Blog Posts Aren’t...
This is another case study of the overly litigious world of homeowners’ associations. For example, a few months ago, I blogged about another lawsuit involving a condo association, its no-pet policy, and a string of vitriolic blog posts over residents who had emotional support therapy...
EFF to USTR: IP Doesn't Belong in NAFTA. For the Rest, Talk To Us.
The dust has barely settled from the collapse of the Trans-Pacific Partnership (TPP), and already a new trade battle is ahead of us: the renegotiation of the North American Free Trade Agreement (NAFTA). President Trump called the controversial 1994 agreement between...
Life as an IP Lawyer: Milan
The AmeriKat's professional life, be it on the Kat or sat at her desk litigating her hours away,  involves a huge amount of coordination, support and opposition with lawyers from all over the world. One of the IPKat's key objectives is to bring this global IP community closer together by...
NSA Reneges on Promise to Tell Congress How Many Innocent Americans it Spies On
Lawmakers should know how the laws they pass impact their constituents. That’s especially true when the law would reauthorize a vast Internet and telephone spying program that collects information about millions of law-abiding Americans. But that’s exactly what the Intelligence...
EFF to Court: Holding Twitter Responsible for Providing Material Support to Terrorists Would...
A lawsuit claiming that Twitter provides material support to terrorists by providing accounts to users who discus or promote terrorism threatens the First Amendment rights of Internet users and Twitter, EFF told a federal appellate court in a brief filed on Wednesday. The brief [.pdf] also...
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