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Circuit Courts Open As Satellites Of China’s Supreme People’s Court
After long preparations, the Second Circuit Court of China’s Supreme People’s Court was officially instituted in Shenyang city, Liaoning province in northeast China on 31 January. Qiang Zhou, president and chief judge of China’s Supreme People’s Court, attended and addressed the...
Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst
Photo credit: “ An eraser from a pencil is starting to erase the word data ” // ShutterStock We don’t have a “ right to be forgotten ” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those...
Webinar on Overcoming § 101 Rejections Post-Alice
Strafford will be offering a webinar/teleconference entitled "Overcoming Sect. 101 Rejections Post-Alice Corp. -- Leveraging USPTO Guidance and Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements" on February 12, 2015 from 1:00 to 2:30 pm (EST). Charles Bieneman of...
New Record for Wind Installations in Germany
As Spiegel and many others report , the German Wind Energy Association BWE has announced figures for 2014. They are a new record 4.75 GW, breaking the 12 year old record of 2002 (3.2 GW) . That sounds like good news, and it is. The bad news is that much of that is built by people...
EFF Files Supreme Court Amicus Brief Over Warrantless Searches of Hotel Records
Citizens Have a Right to Challenge Laws That Violate the Fourth Amendment San Francisco - The Electronic Frontier Foundation (EFF) today filed an amicus brief with the U.S. Supreme Court in a challenge brought by hotel owners against a Los Angeles city ordinance that allows police to...
One Is Not Enough, How Many Is Too Many? How Many Countries’ Copyright Laws Should and...
By   Marketa Trimble Photo credit: Copyright world map // ShutterStock By now, activities on the internet should have generated a very large number of cases in which copyright owners claimed simultaneous infringements of their copyrights in multiple countries – claims based on the...
January's Stupid Patent of the Month: A Method of Updating "Grass" in Video Games
Sports. It’s what’s on EFF’s patent team’s mind. No, not because this Sunday is the Super Bowl . No, not even because we filed an amicus brief today in a football-related right of publicity case. It’s because of U.S. Patent 8,529,350 —January’s Stupid Patent of the Month. The...
Anti-Microbial Resistance, Budget, Reform Raise Debate At WHO Executive Board
The World Health Organization Executive Board this week has addressed the relationship between the UN agency and its funders and lobbyists, examined the budget for the next biennium, and looked at the issue of the growing resistance of bacteria to antibiotics. The 136th session of...
Flood's patent threats action runs dry
The making of unwarranted threats to sue someone else for patent infringement is actionable in the United Kingdom.  The principle is plain  -- but its execution in statutory terms and the subsequent case law has revealed convolutions and curlicues that can scarcely have been...
Geneva Forecast On Internet Governance: 2015 Expected To Be A Decisive Year
A Geneva expert has offered his view on the top internet governance issues likely to come up in 2015. These include: cybersecurity, privacy, internet neutrality, and the proposed transition of control over a key underlying aspect of the internet.
Pro-Patent Coalition Writes Letter to the House and Senate Judiciary Committees
By Kevin E. Noonan -- Last week, what is described as "a broad coalition" representing patent holders and inventors sent a letter to Representatives Bob Goodlatte (VA, 6th) and John Conyers (MI, 13th), Chairman and Ranking Member, respectively, of the House Judiciary Committee; and...
Oil Price Crash
Thanks to J.L. Morin for writing about the oil price at Huffington Post . That’s a good occasion for me to break my recent silence on this blog. Morin explains the recent downward trend in oil prices with the fact that fossil fuel will be phased out because of global warming policy...
Peer Pressure: Making Sure the Snoopers' Charter Doesn't Come Back
Late last week, a group of four peers on Britain's House of Lords attempted to insert the entirety of the “Snoopers' Charter” — the Internet surveillance bill that was savaged by a Parliamentary overview, and abandoned by the UK's current coalition government — into a new...
Faire face au problème du harcèlement en ligne
Durant les 25 dernières années pendant lesquelles l’EFF a défendu les droits numériques, notre croyance en la promesse d’Internet n’a cessé de grandir. Le monde numérique libère les utilisateurs de beaucoup de limites dans la communication et la créativité qui peuvent exister...
Canadian Government Continues to Expand State Powers While Leaving Privacy by the Wayside
The Canadian government is scheduled to release new security legislation on Friday that would grant even more power to its police and domestic security agencies. This proposal comes in response to a string of " lone wolf " shootings of soldiers in Canada last October. This isn’t the...
Dutch diverge with English as Novartis prevails on Zoledronic Acid in Netherlands
This Kat was delighted to receive from Katfriend   Rutger M. Kleemans (Freshfields Bruckhaus Deringer LLP, Amsterdam) the following news: Rutger Kleemans On 27 January the Hague Court of Appeal (judges Kalden, Brinkman and Van Nispen) ruled in...
Gavi Receives Record-Breaking Financial Pledges For Vaccines
Gavi, the Vaccine Alliance, boasted success this week as its biennial replenishment conference attracted US$ 7.5 billion in pledges, which is the organisation said is expected to allow 300 million additional children to be vaccinated in poor countries. The vaccine industry...
Belgium asks CJEU: does the Enforcement Directive allow cost-capping in IP litigation?
From Stijn Debaene and Hakim Haouideg (fieldfisher, Brussels: katpat!) comes some pretty hot news from Belgium which ties in to some extent with yesterday's guest Katpost by Barbara Cookson on the recovery of costs in patent litigation -- but it goes wider than that and, like...
Die Herausforderung von Mobbing im Internet
In den fast 25 Jahren, in denen die EFF digitale Rechte verteidigt hat, ist unser Glaube an die Versprechen des Internets nur stärker geworden. Die digitale Welt befreit den Benutzer von vielen Grenzen bezüglich Kommunikation und Kreativität, die in der realen Welt existieren. Aber sie ist...
The patent profession: visions for the future, problems for the present
The typical successful patent practitioner of the mid-2030s: technically savvy multi- tasking female, working from home ... Visiting a group of patent and trade mark attorneys (but mainly patent folk) the other day for a friendly chat over a sandwich and sushi, I was asked what I thought the...
Data Privacy Day: Mexico City's Privacy Authority Leads Latin America in Signing onto 13 Principles
Today, January 28th, marks International Data Privacy Day. Celebrated by privacy advocates and data protection authorities across many countries, it is an opportunity to raise public awareness about privacy threats and urge governments to protect citizens' rights. This year's...
Enfrentando o Desafio do Assédio Online
Nos quase 25 anos que a EFF tem defendido os direitos digitais, nossa crença na promessa da internet apenas se fortaleceu. O mundo digital liberta os usuários de muitas limitações na comunicação e na criatividade que existem no mundo offline. Mas é também um mundo que reflete...
Chicago State University Professors Fight Back Against University’s Efforts To Shut Down Their...
By Guest Blogger Stephen F. Diamond Earlier this month, two faculty activists at Chicago State University (CSU) prevailed against a motion to dismiss a lawsuit they had filed in federal court against CSU’s President, Vice President of Labor and Legal Affairs and General...
Wednesday whimsies
The Twitter Ten Thousand .  Earlier today the IPKat's Twitter account @ipkat attracted its 10,000th follower.  Although 10,000 is an arbitrary number and carries no greater significance on the IP social media than, say, 9,999 or 10,001, this little milestone is something that...
Website blocking in Greece: how does it work there?
Yannos Paramythiotis Debate around online copyright enforcement has intensified over the past few years, particularly with regard to blocking injunctions, and will likely be even more so  this year .  The recent decision of the Court of Justice of the European Union...
Forsgren's SPC: what does the marketing authorisation have to say about the active...
In a recent judgment, Case C‑631/13 , Arne Forsgren v Österreichisches Patentamt , the Court of Justice of the European Union (CJEU) had to again consider a referral about a Supplementary Protection Certificate (SPC). The judgment was about * whether an SPC could be obtained...
Got an Outrageous Public Records Story? Send Your Nominations for “The Foilies”
Fighting for government records is sometimes like: … a game of Battleship, but where you have to go to court to force your opponent to tell you whether you even grazed his aircraft carrier. … finding yourself at the doors of the Forty Thieves’ cave, except that you have to rap out “Open...
Digital Rights Groups to Senator Ron Wyden: We're Counting on You to Oppose Fast Track for the TPP
Seven leading US digital rights and access to knowledge groups, and over 7,550 users, have called on Sen. Wyden today to oppose any new version of Fast Track (aka trade promotion authority) that does not fix the secretive, corporate-dominated process of trade negotiations. In...
French say "non!" to nutty name
"French court stops child from being named Nutella" is the title of a BBC news item today. This item reads, in relevant part: A French court has stopped parents from naming their baby girl Nutella after the hazelnut spread, ruling that it would make her the target of derision. The judge ordered...
Life as a patent examiner according to the EPO - paid-for article in the New Scientist
Fresh from publishing the thoughts of a former member of the Boards of Appeal of the European Patent Office, Merpel just noticed this article: A day in the life of a patent examiner  appearing in the New Scientist. Merpel was immediately struck by the byline " The interview was...
Linking to infringing content: the story may not be over
Hyperlinking&copyright fans have already ordered their custom-made T-shirts: what are YOU waiting for? Did you think that the story with copyright and hyperlinks in Europe was over following the decisions of the Court of Justice of the European Union (CJEU) in  Svensson...
In Response to EFF Lawsuit, Government Ordered to Release Secret Surveillance Court Documents...
Update : The government released two new FISC opinions this evening, both of which concern the transition of NSA surveillance to the oversight of the FISC in 2007. Neither of the two documents, available here and here , is the Raw Take order or the 2008 FAA order. The government has...
EFF’s Game Plan for Ending Global Mass Surveillance
We have a problem when it comes to stopping mass surveillance.  The entity that’s conducting the most extreme and far-reaching surveillance against most of the world’s communications—the National Security Agency—is bound by United States law.  That’s good news for Americans...
Court Rejects VPPA Claim Against Viacom and Google Based on Failure to Disclose Identity
I blogged before about the privacy lawsuit against Viacom and Google over the disclosure of the viewing habits of minors. Shutterstock / SoulCurry – I love My Privacy The court previously rejected the claims on the basis that the disclosure of user attributes (such as demographic...
Monday miscellany
With just six days to go , the IPKat's sidebar poll on IP and the International Women's Leadership Forum has attracted a wide array of opinions and little apparent consensus. Do please feel welcome to participate in this poll (which email subscribers will find on top of the left-hand sidebar on the...
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. Par Pharmaceutical Inc. et al. 1:15-cv-00068; filed January 21, 2015 in the District Court of Delaware • Plaintiff: Tris Pharma Inc. • Defendants: Par...
The Year Ahead In Internet Governance: Of Competing Institutions, IANA Transition, And A...
For many years Electronic Frontier Foundation Policy Analyst Jeremy Malcolm has been predicting the next year would be the pivotal year for the UN-led Internet Governance Forum (IGF). With the NetMundial Initiative being constructed these coming months and governments...
Webinar on Post-Grant Patent Opposition in Europe and the U.S.
Strafford will be offering a webinar/teleconference entitled "Coordinating Post-Grant Patent Opposition in Europe and the U.S. -- Navigating Timing, Grounds for Opposition, Discovery, and Amendments to Maximize Protection in Both Jurisdictions" on February 26, 2015 from 1:00 to 2:30 pm...
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...
Secret TPP Negotiations—And Public Protests—To Be Held in New York City
The next round of secret Trans-Pacific Partnership (TPP) negotiations begins this Monday, January 26, and runs through the following week at the Sheraton New York Time Square Hotel in downtown Manhattan. As with many previous TPP meetings, the public will be shut out of talks...
Seventy Public Interest Organizations and Companies Urge Congress to Update Email...
EFF, along with more than sixty civil liberties organizations, public interest groups, and companies sent two letters to the House and Senate leadership today. One supported the upcoming bipartisan Email Privacy Act by Reps. Kevin Yoder and Jared Polis, and the other supported the...
Presentation from USPTO Patent Eligibility Forum
On January 21, 2015 I gave a short presentation on the USPTO's Intermin Guidance.  I focused on the issues and concerns that were raised by a significant portion of the comments submitted in response to the Preliminary "Alice" Guidance that came out a week after...
WIPO Seminar Discusses Interface Between IP And Private International Law
Experts gathered in Geneva recently to review past projects on intellectual property and private international law, and look toward the future. Now, through efforts to draft a set of guidelines, headway is being made on finding ways to manage the legal uncertainties in this area.
Biosimilars Present Opportunity, Challenge For Developing Countries, UNCTAD Group Says
Biosimilars are a hot topic. Beyond the colossal profits foreseen by some, drawing a lot of interested parties into the game, developing countries mean to play a role in this new frontier. However, biosimilars - close copies of biopharmaceutical products - are difficult and very costly...
"New career system" for EPO Examiners: take on extra work
Examiner by day, novelist by night  A product of the free market system, this moggy likes the idea that people can use their spare time for money-generating activities.  It doesn't matter whether they use those extra, unaccounted-for hours driving a taxi, writing racy...
EFF Statement on Barrett Brown Sentencing
U.S. District Judge Sam A. Lindsay sentenced Barrett Brown this morning to 63 months in federal prison, minus the 31 months he has already served to date. He was also ordered to pay $890,000 in restitution. EFF is disappointed to see that Brown wasn’t released today, after having...
Thursday thingies
French Trade Mark Registry says "Stop" to JE SUIS  CHARLIE  applications A French update on JE SUIS CHARLIE trade mark applications:  Following Jeremy's Sunday morning post about OHIM's statement about the making of speculative applications for the JE...
Desafiando el Acoso en Línea
En los casi 25 años que la EFF ha estado defendiendo los derechos fundamentales en el entorno digital, nuestra creencia en la promesa de la Internet solo se ha fortalecido. El mundo digital libera a los usuarios de muchos límites a la comunicación y la creatividad que hay en el...
Rihanna T-shirt: Court of Appeal says it's passing off
Readers will surely remember the Rihanna/Arcadia passing off litigation over that infamous T-shirt bearing RiRi's image, which resulted in Birss J ruling that " [t]he mere sale by a trader of a t-shirt bearing an image of a famous person is not, without more, an act of passing off. However the...
BREAKING NEWS: CJEU says exhaustion only applies to the tangible medium of a work (so no...
Today's an important day for EU copyright at the Court of Justice of the European Union (CJEU). The Court has in fact just issued its much-awaited  50-paragraph  decision in Case C-419/13 Art&Allposters. Readers will remember that this was a complex reference for a...
Biotech financing: the risk components, ‘going long’ and patents as knowledge currency
The Valley of Death was not a nice place This is the fifth post in a series of six on biotech. The earlier posts can be found here (introductory), here (ethics), here (case law) and here (strategies for protecting biotech inventions). This post is focused on financing and protecting research into new...
Special Report: Will India Bend To US Pressure On IP Rights?
It is no secret that the United States has been scaling up pressure on India to adopt intellectual property measures similar to those common in the United States and the European Union. But to what extent does India’s new government led by the business-friendly Narendra Modi...
IPO Webinar on Teva v. Sandoz
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "After Teva: How Will Patent Litigation Change?" on February 5, 2015 beginning at 2:00 pm (ET). Paul Berghoff of McDonnell Boehnen Hulbert & Berghoff LLP, Andrei Iancu of Irell & Manella...
Battle Over Google Subpoena Threatens Critical Online Free Speech Protections
Federal Law Blocks Extraordinary and Burdensome Subpoena San Francisco - A high-profile battle over whether Google must respond to an unusual and dangerous subpoena raises fundamental concerns about federal free speech law and the protections it affords hosts of online...
IP Rights Must Remain Distinct From Fake Medicines Policy At WHO, Members Warn
Intellectual property issues emerged at the World Health Organization Executive Board today as members discussed fake and substandard medicines, with some countries saying that the fight against such medicines should not serve as a pretext to enforce intellectual...
Nintendo Rolls Out Terrible Deal for YouTubers
Nintendo has put out a new "Creator's Program" for people who review, comment on, or do "Let's Play" videos using its games on YouTube. The program attempts to restrict 'Tuber's fair use of Nintendo-originated material and give the company large slices of the revenue. It also includes...
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
Photo credit: “ the words Top 10 in a burst of colorful stars ” // ShutterStock It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense . Larry Lessig has famously said that “fair use in America simply means the right to hire a...
Exhaustion of rights (first sale doctrine): what are the broader implications of the CJEU's ruling in...
The principle of exhaustion (also referred to as the ‘first sale’ doctrine) is a hot topic in copyright with important commercial ramifications, particularly in relation to 'online exhaustion' and the viability of a second-hand market in digital content. In this post, we will look at the broader...
Declining public trust in innovation: why we should be worried
When this Kat needs to look up a word, he still reaches for his copy of the Concise Oxford  Dictionary . The tagline on the book's jacket says it all: "The world's most trusted dictionaries." Trust in the brand and the contents of the dictionary are central to this Kat's reliance on this...
Nestec now the defendant as the coffee capsule battles continue
Over a recent morning coffee, this moggy stumbled across what seems to be a further chapter in Nestec’s Nespresso wars.  Not the appeal from the Nestec v Dualit High Court decision (which Merpel is keenly awaiting for the reasons discussed in two earlier blogposts, here and...
Big Ten Lobbies Congress to Tread Lightly on "Patent Reform"
By Kevin E. Noonan -- One of the frustrations for participants in the patent wars of the early 21st Century has been the failure of many of the most vulnerable stakeholders to take a stand against overreaching proposals by proponents of a crisis atmosphere in patent enforcement (such as the...
Investing for a new trade mark? What do I do with my slogan?
In yesterday's judgments in Cases  T-59/14   ‘INVESTING FOR A NEW WORLD’ and  T-609/13  ‘SO WHAT DO I DO WITH MY MONEY’ the General Court of the European Union reviewed the EU case-law on slogan marks, rejecting the appeal of the US-based...
EFF Wins Battle Over Secret Legal Opinions on Government Spying
Department of Justice to Release Analysis of Law Enforcement and Intelligence Agency Access to Census Records San Francisco - The Electronic Frontier Foundation (EFF) has won its four-year Freedom of Information Act lawsuit over secret legal interpretations of a controversial...
Section 215 of the Patriot Act Expires in June. Is Congress Ready?
You may have heard that the Patriot Act is set to expire soon. That’s not quite the case. The Patriot Act was a large bill, as were the reauthorizations that followed in 2005 and 2006. Not all of it sunsets. But three provisions do expire on June 1st: Section 215, the " Lone Wolf provision ," and the...
SAVE Act Passes in House, Comes One Step Closer to Unnecessarily Chilling Online Speech
For the second year in a row, the House of Representatives has passed the Stop Advertising Victims of Exploitation Act ( SAVE Act, HR 285 ), a bill aimed at curbing the serious problem of sex trafficking online. The bill, however, is the same as it was last year—and it’s similarly problematic...
Facebook Caves to Turkish Government Censorship
Turkey has been a bastion of Internet censorship for so long that EFF could write a regular feature called This Week in Turkish Internet Censorship and never run out of content. Last year’s highlights included the Turkish government blocking Twitter and YouTube — bans that triggered...
Technical Investigators Have Rules To Follow In China’s Intellectual Property Courts
BEIJING - With the Beijing, Shanghai and Guangzhou Intellectual Property Courts being put into operation late last year, the rules for technical investigators had been missing until 21 January, when the Supreme People’s Court released the Provisional Regulations of the Supreme...
USPTO Issues Post-Alice Abstract Idea Examples
By Michael Borella -- On January 27, the USPTO provided its promised set of examples of patent-eligible and patent-ineligible claims relating to the abstract idea exception to 35 U.S.C. § 101, in light of Alice Corp. v. CLS Bank. These examples are intended to be used in...
Digital Consumers Gain Ground at the United Nations
With your support, EFF has helped raise the bar in ongoing discussions about how to better protect users against the abuse of their rights through DRM . Our submission [PDF] to the United Nations Conference on Trade and Development (UNCTAD) at an Expert Group Meeting on Consumer...
Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v...
Plaintiff sued Lyft (and others) over privacy violations based on the allegedly improper disclosure of user information by the Zimride service. He alleged that he used the Zimride service, once owned by Lyft and now owned by Enterprise Holdings, and his information made its way to Mixpanel, a...
Día de la Privacidad: Autoridad Del Distrito Federal de México Firma los 13 Principios
El 28 de enero se celebra el día Internacional de la protección de datos. La celebración tiene como propósito llamar la atención de la ciudadanía acerca de las mejores prácticas para defender nuestros derechos fundamentales frente a la vigilancia desmedida y descontrolada llevada...
Snatching defeat from the jaws of victory: the pain and the pleasure of a bondage frame dispute
All litigation takes a toll of litigants, whether in terms of money expended, time consumed, emotions drained or blood pressure sent racing.  The following guest piece, by long-standing Katfriend, IP practitioner, blogger and Old Nick devotee Barbara Cookson , reflects on an...
Looking Behind The Different Invalidation Rates Of Oppositions And IPRs
Opposition proceedings in Europe have long served as a powerful tool for third parties to challenge the validity of a patent before the European Patent Office (EPO). Now, under the America Invents Act (effective September 2012), the United States (US) has two new procedures for...
The Challenge Of Complying (Or Not) With Communication Laws Online
Is it possible to fully comply with all the laws surrounding online communication? Michel Jaccard, founder of id est avocats says, “The answer is, ‘no.’” Speaking last week at the Club Suisse de la Presse, Jaccard made the case that when it comes to the online world, we should look beyond...
Myriad Throws in the Towel
By Kevin E. Noonan -- In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed suit against six genetic diagnostic test...
Dear FCC: Enhanced 911 Location Services Could Endanger Americans' Privacy
The 911 system has a problem. As people switch from landlines to mobile phones, more and more 911 calls come from wireless devices. But under current FCC E911 (Enhanced 911) regulations, carriers are only required to provide 911 dispatchers with a mobile phone’s location to...
U.S. Patent No. 7,497,776: Multiplayer game mode with predator feature
U.S. Patent No. 7,497,776: Multiplayer game mode with predator feature Issued March 3, 2009, to Microsoft Summary: The ‘776 patent provides a new multiplayer feature for the user. One of the users has a car different from the others (for example, player 1 can be a cop car...
Are Takedowns in 48 Hours “Expeditious” Enough?–Square Ring v. UStream
Unlike boxing matches, I prefer my 512(c) cases to be first-round knockouts (for the defense). Photo credit: Two young boxers facing each other in a match // ShutterStock This case involves the March 21, 2009 boxing match between Roy Jones Jr. and Omar Sheika , broadcast as...
New Proposal To Extend WHO Action Plan On Innovation, IP Rights
At the World Health Organization Executive Board today, a group of countries tabled a proposal to extend the WHO plan of action on public health, innovation and intellectual property until 2022. Yesterday, the Executive Board took note of the Global Vaccine Action Plan while some...
Disciplinary authority over the EPO Boards of Appeal: a former member speaks
A Cat speaks ... The events that unfolded in the European Patent Office (EPO) in Munich in December 2014 have been extensively covered by Merpel on this blog, and have attracted many comments.  Almost the entirety of the internal members, and many ( here and here ) of the...
House Fly Genome Sequenced
By Kevin E. Noonan -- The phylogenetic Order Diptera comprises the "true" flies (defined as having a single pair of wings arising from the thorax) and is first found in the fossil record in the Middle Triassic (~245 million years ago). It is one of the most evolutionarily successful, comprising...
Breath of Fresh Air: Software Patent Upheld After Alice
Last Friday in a note to subscribers, I predicted, tongue-in-cheek, an 80% probability that #AliceStorm would continue this morning.  Some days I’m glad to wrong. Today is one of those days.  Yes, a patent eligibility decision was announced this morning. But this time it upheld the patent...
Ebola, Reform High On WHO Executive Board Agenda This Week
The World Health Organization Executive Board yesterday adopted a resolution on Ebola, on the eve of today’s opening of its 10-day meeting addressing a broad range of health issues, including several of relevance to the intellectual property and innovation community. Today, Italy...
Never too late: if you missed the IPKat last week ...
The IPKat weblog was exceptionally busy last week.  Our page counter recorded n o fewer than 39,271 site visits, making it our second best week on record.  Even so, it's possible that, amid the flurry of breaking news and patent revelations, even dedicated...
Women in IP leadership roles: MIP responds
Last week, in "A woman's place is in ... the lead: thoughts on an upcoming IP Forum", here , the IPKat reviewed a forthcoming International Women's Leadership Forum on Intellectual Property and asked some fairly simple questions about women's leadership and the role of...
Conference & CLE Calendar
January 29, 2015 - "IPR Defense: An Overview of Strategic Considerations and Potential Pitfalls From the Patent Owner's Perspective" (American Bar Association Center for Professional Development and Section of Intellectual Property Law) - 1:00 to 2:30 pm (ET) January 29, 2015...
First sale doctrine in the US: a closer look at Costco
In  last Thursday's round-up , Annsley the AmeriKat brought news of Omega v Costco, a US Court of Appeals for the Ninth Circuit ruling on that most fascinating of legal beasts, first sale doctrine.  Well, the IPKat has just received an analysis of that decision fresh from our recent...
Strategies for patenting biotech inventions: broad claims, changing contributions and data that...
This is the fourth post in series of six on biotech inventions. The earlier posts can be found here (introductory), here (ethics) and here (case law). The anatomy of a biotech invention Imagine that new human gene, causing activity X in the body, is discovered and is implicated in disease Y...
News Flash! Exxon Patents Selling Energy!
Here's an odd one.   With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to have placed on business methods patents, including the...
The Many Problems with the DEA's Bulk Phone Records Collection Program
Think mass surveillance is just the wheelhouse of agencies like the NSA? Think again. One of the biggest concerns to come from the revelations about the NSA’s bulk collection of the phone records of millions of innocent Americans was that law enforcement agencies might be doing the same...
Britons: You Have 72 Hours to Stop The Snooper's Charter
Update: You did it! After a forceful debate on Monday 26 January, in which many peers protested the introduction of these amendments, Lord Blair withdrew them from consideration. Directly after the Charlie Hebdo massacre, we cautioned the public and politicians to be "wary of any...
EFF Receives $3 Million Dollar Donation to Fund Legal Work
Senior Staff Attorney Lee Tien to Be New Adams Chair for Internet Rights San Francisco - The Electronic Frontier Foundation (EFF) has received a $3 million dollar grant from the Adams Charitable Foundation to fund the new Adams Chair for Internet Rights. The donation is being...
Pharma and biotech patents: a law unto themselves -- and a litigation conference to match?
Cloning : a plus for biotech This Kat, who loves patent law but is no scientist , has been reading, with interest, enjoyment and increasing understanding, the recent blogposts by guest Kat Suleman Ali on the topic of biotech patents. Suleman started the year with "Biotech...
Trade mark troubles in the Galápagos islands
Can there be anywhere on earth whose isolation is more inversely correlated to its contribution to modern scientific thought than the Galápagos archipelago ? Located in the Pacific Ocean some 973 km (605 miles) off the west coast of South America, this collection of 18 main islands, three...
What's Next? Some Consequences of the Teva v. Sandoz Decision
By Kevin E. Noonan -- It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in the preceding twenty years. Evident but perhaps less discussed is the change in the nature of how U.S. patent...
British Spy Agency Considers Journalists a Threat, Vacuums Up Their Emails
Terrorists, hackers, and journalists. According to a recent Guardian article covering new Snowden documents, British spy agency GCHQ considers all of these individuals threats—various levels of threats, but threats nonetheless. One intelligence report goes so far as to say, "Of specific...
Transparency is Necessary to Ensure the Copyright Industry Won't Sneak Policies Through...
Policy makers intending to promote creativity have always overemphasized the importance of "copyright protection" without addressing the wide range of other concerns that are necessary to consider when making comprehensive innovation policy. In an era where everyone, with the use...
The Copyright Manifesto: How The EU Should Support Innovation And Creativity Through...
Teresa Hackett writes: “Copyright divide in numbers”, the graph on the first page of the newly launched ‘The Copyright Manifesto. How the European Union should Support Innovation and Creativity through Copyright Reform’ tells a story. In an illustration of the results of the European...
BREAKING NEWS: CJEU confirms accessibility criterion to determine jurisdiction in online...
When an unregistered right has been allegedly infringed online, what court is competent to hear and decide the resulting case?  The answer to this question depends on the interpretation of the special rule of jurisdiction in what was until recently Article 5(3) of the Brussels I Regulation...
Teva v. Sandoz: The Dissent
By Kevin E. Noonan -- The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring opinions for Justices to further set forth their...
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