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European Greens: Why We Must Fight Oettinger
Member of European Parliament Reinhard Bütikofer comments on the recent conclusions of the European Council : Thanks to this tweet by Alice Stollmeyer for the link. Let’s have a look at some of the conclusions. stepping up the role and rights of consumers, including change of...
WIPO Members Debate Reduction Of PCT Fees; Send Back PPH Proposal
Members of the World Intellectual Property Organization Patent Cooperation Treaty (PCT) met this week to discuss possible amendments to the regulations under the treaty. Among issues discussed were possible fee reductions, the proposed formal integration of the Patent Prosecution...
Webinar on Post-Grant Proceedings
Strafford will be offering a webinar/teleconference entitled "Post-Grant Patent Proceedings Before the PTAB" on June 12, 2013 from 1:00 - 2:30 pm (EDT). Scott A. McKeown and Greg H. Gardella of Oblon Spivak McClelland Maier & Neustadt will discuss the new post-grant patent practice...
Trying To Ban Tesla Should Backfire
Apparently, some car dealers in the American State of North Carolina are trying to purchase legislation that would make it illegal for Tesla to sell their award-winning cars in the State. This article at Huffington Post by a young woman race car driver called Leilani Münter describes these...
First Physical Bitcoin Autograph
I have done a physical Bitcoin autograph of my second global warming science fiction novel “Tasneem” ( FREE PDF file here ). It just arrived at its destination. I have sent 0.1 Bitcoin from my address 1MXLh9u36HPRzjY7j9qJ5jDdkJexrmZBA2 to the address...
World Health Assembly: Members Debate US Proposed Advisory Meeting On Health R&D
Taking the World Health Assembly by surprise, the US delegation today made a proposal to advance progress on the monitoring, coordination, and financing of health R&D in committee discussions today. Their suggestion to convene an advisory meeting is being discussed in an informal...
Friday fantasies
Taking no chances: this is a photo of Rihanna hiding behind the tree on the left ... Publicity-shy: no; publicity-conscious: yes.  Famed (or infamous ?) US-based singer Rihanna is apparently preparing for a new career as a UK litigant, it being reported that the Barbados-born...
Get Lost, IEA
The International Energy Agency seems to have prepared a “Policy Review” of German energy policy, and “Executive Director” Maria van Der Hoeven   has given a speech at the German Ministry of Economy to introduce some of their ideas. For people not so familiar with the details of...
GI Proponents Assess Progress, Challenges; French Minister Blasts Large-Scale Agriculture
Bordeaux, France - In a stronghold of French gastronomy and famous regional products an industry organisation lobbying for the protection of geographical indications chose this week to convene its general assembly and set the goals for future actions. Related Articles: GIs Closer To...
WHO Should Have The Evidence? Ben Goldacre Refutes WHO Director’s Claim
"Bad Science" adversary and journalist, Dr Ben Goldacre, this week challenged WHO Director of Ethics and Social Determinants of Health, Dr Rüdiger Krech, on his understanding of published evidence. Related Articles: WHO Director Highlights Noncommunicable Diseases...
Apple's Stupid Patents It Wants to Use Against Samsung's Galaxy S4 ~pj Updated
The judge in Apple v. Samsung II asked the parties to narrow their claims, so they did but now Apple would like to add more claims [PDF], specifically to include the Galaxy S4. Samsung just sold 10 million S4s in less than a month, and Apple's hair must be on fire . Would you like to know...
The Normative Stance of Patent Eligibility
By: Robert R. Sachs Judge Mayer, along with Judges Dyk, Prost, Lourie, are "Normativists," who see § 101 as defining what inventions and claims "ought" to be. The Normative approach imposes an extrinsic value judgment—from a source unspecified—as to what kinds...
World Health Assembly: Groups Seek To Return Focus To ‘Broken’ Medical R&D System
The issue of access to medicines is on the agenda at this week’s World Health Assembly (WHA) and public health advocates are seeking greater clarity and detail about the latest member state effort to address failings in the global system of research and development for medical...
EPO Still Granting Patents On Conventional Vegetables; ‘Just Following Rules’
The European Patent Office is continuing to grant patents on conventional plants despite demands from the European Parliament and the German Parliament that the patent office refrain from granting such patents, the coalition of nongovernmental organisations called "No patents on...
EU Parliament Backs Start Of Transatlantic FTA Negotiations
The European Parliament today voted in favour of a resolution welcoming the start of the Transatlantic Trade and Investment Partnership (TTIP). With 460 votes in favour, 105 against – mainly the Green Party Group and the Left - and 28 abstentions, the resolution passed after a heated...
Hey, Patent Trolls. Pick on Someone Your Own Size.
The patent troll problem is not new. Trolls have been targeting companies large and small for some time, dragging productive businesses into court and extorting licensing fees that have become a nearly unavoidable tax on innovation. This is wrong. But even worse are the trolls...
"But everyone else does it": the Corporate edition
Last week, fellow Kat Neil delighted us with a brilliant post on one of the biggest nightmares of IP lawyers, who are so often confronted with the wisdom of the crowd. “But everyone else does it” is not only the client’s dreaded response to an advice he dislikes. It works equally well (or bad) to...
CLS Bank v. Alice Corp.: How will it affect video game patents?
CLS Bank v. Alice Corp. was a deeply fractured en banc decision of the Federal Circuit, in which they couldn't agree on anything.  Seriously.  The per curiam decision of the court was one paragraph affirming the lower court's decision finding the claims ineligible subject...
The Green Mountain state sues a Texas patent troll
This cat can attest that the state of Vermont is not only one of America's loveliest states, with big lakes and green mountains, but one of its quirkiest too. The place has a penchant for electing socialist Senators and hosting " Bread and Puppet " theatre and has a strong independent...
Google Abandons Open Standards for Instant Messaging
In the midst of the major press blitz surrounding its annual I/O Conference, Google dropped some unfortunate news about its instant messaging plans. In several places around the web, the company is replacing the existing "Talk" platform with a new one called "Hangouts" that sharply...
The Government Wants A Backdoor Into Your Online Communications
According to the New York Times , President Obama is "on the verge of backing" a proposal by the FBI to introduce legislation dramatically expanding the reach of the Communications Assistance for Law Enforcement Act, or CALEA . CALEA forces telephone companies to provide...
EFF Takes FOIA Fight Over Secret Wiretaps to the Foreign Intelligence Surveillance Court
Today, EFF filed a motion in a secret court. This secret court isn’t in a developing nation, struggling beneath a dictatorship. It’s not in a country experimenting for the first time with a judiciary and the rule of law. And, as Wired recently noted , it’s “not in Iran or Venezuela, as one...
Sample Civil Procedure II Exam
In CivPro II (a 2-hour course), we covered civil procedure issues related to class actions, discovery, summary judgment, JML, new trial, appellate jurisdiction, and preclusion. Here is the two-hour exam. – Dennis ===== Dent sued Baker in the United States District Court for the...
World Health Assembly: Drafting Group Progressing On NCDs
Members of the World Health Organization this week have made noncommunicable diseases a top priority, and work on a draft resolution and action plan is being carried out by a drafting group that will report back later in the week. Related Articles: World Health Assembly: Members Adopt...
Parliament Members Call For Removal Of Conditions In WIPO Treaty For Blind
Members of all political party groups in the European Parliament in a debate in Strasbourg yesterday asked the European Commission to scrap several conditions demanded by the European Union and other Western countries in the World Intellectual Property Organization...
Wednesday whimsies
Queijo de Cabra Transmontano: non-minor-amended PDO Around the weblogs . Until this Kat met Meera Nair, he was unaware of her copyright law and policy weblog Fair Duty. Well, here it is , and it's definitely worth taking a look at.  Meanwhile, the MARQUES Class 46 European...
Special Report: Big Trading Blocs Moving At Breakneck Pace To Raise Free Trade Standards
The pace to negotiate bilateral or plurilateral free trade agreements has been accelerating rapidly over the last month as the big trading blocs seem eager to position themselves in the race for market access and standards. China, Japan and Korea in March hurried to open their...
Twitter Launches Innovator’s Patent Agreement
With patent trolls and patent wars creating a massive drag on innovation, a number of companies have investigated ways to navigate the patent system while still promoting openness and competition. Twitter has been especially active in this space—both by fighting back against patent...
Let's Try a More Rational Legal Approach to 3D Printing Law
Last Sunday, Cory Doctorow posted a piece on Boingboing noting that (some) patent lawyers were going more or less off the deep end in overreacting to patent challenges around 3d printing . It's nice to know that not all lawyers share the particular brand of paranoid lunacy exhibited...
Motiva v. ITC and Nintendo
By Jason Rantanen Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013) Download 12-1252.Opinion.5-9-2013.1 Panel: Newman, Prost (author), O'Malley In order to bring a section 337 action in the International Trade Commission to prevent...
Google Crushes Home Decor Center’s Trademark Challenge to AdWords
By Eric Goldman Home Decor Center, Inc. v. Google, Inc., 2:12-cv-05706-GW-SH (C.D. Cal. May 9, 2013) Home Decor Center sued...
Against Monopoly: A monopoly over numbers?
Are you familiar with the ISBN? A unique identifier issued by the U.S. Government to identify books? Did you know that the U.S. Government has granted a private company Bowker a monopoly over issuing them? They are very proud of it...as if it is a good thing!
Patents: 3D Printing
If you read this blog you must have an internet connection, so presumably have heard of 3D printing. It is a very disruptive technology with potential to change manufacturing in a variety of ways - and indeed even things such as medicine. I recently had some correspondence with...
Against IM: The Libertarian
I wanted to draw attention to a Libertarian Blog . It covers a lot of ground, but also IP issues from a libertarian perspective, including a recent interview with Stephan Kinsella.
IAEA Finally Stops Hiding Bad Nuclear Numbers
I recall that I tried without success in February to find out how much nuclear energy was produced in 2012 from various nuclear lobby sites. Apparently it was more than they can manage to call up the less than 400 remaining electricity producing reactors and find out their numbers...
Microsoft v. Motorola, Part 2, Will Be a Jury Trial, Aug. 26 ~pj
The next phase of the Microsoft v. Motorola litigation in Seattle will begin on August 26th. It will be a jury trial, as Motorola requested. I hope some of you are nearby and can attend. This will be the part about Microsoft's claims of breach of contract based on its assertion that Motorola...
CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's...
By Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party intermediary. Despite the claims being of...
Report From Outside the TPP Negotiating Venue in Lima, Peru
EFF has been on the ground in Lima, Peru for the 17th round of Trans-Pacific Partnership (TPP) negotiations. The TPP is a secretive, multinational trade agreement, and one chapter carries overreaching copyright enforcement provisions that pose a huge threat to the Internet and...
Whose Patent Is It Anyway? A New Bill to End Patent Anonymity
Representative Ted Deutch (D-FL) introduced a new transparency bill last week called the End Anonymous Patents Act (H.R. 2024, PDF )—the third piece of legislation in the last year to take on the problem of patent trolls. The bill sets out to solve what Professor Colleen Chien refers...
U.S. Patent No. 7,090,582: Use of multiple player real-time voice communications on a gaming...
U.S. Patent No. 7,090,582: Use of multiple player real-time voice communications on a gaming device Issued Aug. 15, 2006, to Microsoft Summary: The ‘582 patent provides a way for players, during online gaming, to communicate with other players. The invention establishes a system where...
Supreme Court to hear another Case Involving Licensees in Good Standing who Challenge...
By Dennis Crouch Medtronic Inc. v. Boston Scientific Corp ., Docket No. 12-1128 (Supreme Court 2013) The Supreme Court has granted a writ of certiorari in a license dispute involving giants of the medical device world – Medtronic and Boston Scientific. Medtronic has licensed defibrillator...
Conference On Journalism And Health Looks At WHA Issues
On the eve of the 66th edition of the World Health Assembly, the World Health Editors Network (WHEN) and the Who’s There? Yes (WTY) convened for a conference on their new Journalism and Health Initiative. The conference, entitled, “Enter the stadium, democratise knowledge...
Monday miscellany
New blog on the block . The IPKat was delighted to learn from his former colleague, Katonomist Nicola Searle, that the UK's Intellectual Property Office (IPO) is today launching IPO Facto , a research blog for the IPO's economics team. Merpel always gets this feeling that economists blogging...
SIIA Tells the FTC What Patent Trolls Are Doing to the Software Industry ~pj
There are now 68 public comments listed on the FTC's website on the topic of patent trolls. Patent Progress's David Balko's article , The End-Users Strike Back, notes that a surprising number are from end users, defined as "retailers, financial services, grocery stores, advertising...
Virtual Autograph Using Bitcoin
I started this blog in January 2003. One of my first posts ever, published on 7 January 2003 , had this to say under the title “Virtual Autograph”: Anyone can buy PGP 8.0 Personal Edition from  Phil Zimmermann , the original author. I don’t know if there is a market for the idea, but instead of...
And 12 Points go to ... Ukraine
Uncle Sam, under the  authority  of  the USTR,  wants you to behave... Despite what the title might suggest, this post is not about the European's beloved festival of kitsch, where washed-up pop acts from the 90's and overzealous casting stars gather to...
WIPO Development Committee Ends On Positive Note With Modest Results
After a week which many World Intellectual Property Organization delegates working on development issues found difficult, a degree of consensus appeared in the last hour late on 17 May. Developing countries' requests were substantially scaled down as discussions on several...
It's a Cartel, Not a Class (Action)
Reuters reports (here on HuffPo) that U.S. District Judge Louis Stanton has denied a request by a group of "copyright owner" - which we understand to mean giant media corporations - to be certified as a class for class-action lawsuit status . That giant media corporations...
Chisum Patent Academy Patent Law Seminar
The Chisum Patent Academy will be offering its next Advanced Patent Law Seminars from July 31 to August 2, 2013 and from August 5-7, 2013 in Seattle, WA. The three-day seminar will focus on the following patent law topics: • Patent Practice Gone Wrong: Lessons from...
Nintendo Decides It Can Own Fans' YouTube Content
The games comment sites are a bit buzzed this week as Nintendo has made a very heavy-handed move to claim so-called "monetization" rights on fan-created content . The basic idea is that if someone makes a video of themselves playing a Nintendo game and uploads it to YouTube any...
IBM Responds to SCO's Motion Asking for Reconsideration ~pj
IBM has filed its response [PDF] to SCO's motion asking for reconsideration of the Court's order denying SCO's motion to reopen the SCO v. IBM case. I have it as text for you. IBM tells Judge David Nuffer that it doesn't oppose reopening the case at all -- in fact it says it should...
ACI Global Patenting Strategy and Practice Conference
American Conference Institute (ACI) will be holding its Advanced Summit on Global Patenting Strategy and Practice on July 15-16, 2013 in New York, NY. ACI faculty will help attendees: • Develop a global patenting strategy to protect the commercial embodiment of your product in...
Webinar on Trade Secret Theft
McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Preventing Chinese Trade Secret Theft: The Obama Administration's Strategy on Mitigating the Theft of U.S. Trade Secrets" on June 11, 2013 from 10:00 am to 11:15 am (CT). MBHB attorney Joshua...
ACI "4th Advanced Forum on Biosimilars," New York City, June 5-7
ACI will be holding its "4th Advanced Forum on Biosimilars" in New York City on June 5-7.  McAndrews, Held & Malloy partner Sandra Frantzen will be speaking on the written description and enablement requirements for biologics patents.  The full agenda...
Court Denies Restraining Order Against Ex-Boyfriend Who Threatened to Post Revenge...
[Post by Venkat Balasubramani] E.C. v. C.B.T., SR., A-1185-12T2 (N.J. Ct. App. May 6, 2013) Plaintiff and defendant lived together...
The Story of the Beginning of the Digital Revolution
That's kind of grandiose, but I think it's fitting. Today brings the first trailer for a retrospective documentary on Napster , hard on the heels of reporting from TorretFreak that the RIAA is losing money, laying people off, and slowly going out of business . The Cartel's scorched-earth campaign...
Dreaming (Literally) about Patent Litigation and the "Right" Result
The IPKat is usually a gentle creature, but when he chooses to dig his IP claws into something, it can leave long-lasting marks. Something like that has been going lately in connection with patent litigation activity. Fellow Kats Jeremy, here , Darren, here , Jeff John, here , and former...
At WTO, LDC Fight For Extension Of TRIPS Transition Continues
Over the past week or so, least-developed country (LDC) members of the World Trade Organization have held their own in a closed room with the world’s biggest economies as they worked out details of a request by the LDCs to extend the deadline by which they must enforce WTO intellectual...
The monetarisation of Let's Plays: an exercise in copyright management
Despite his impressive pedigree, having served time as a patent examiner with the UK's Intellectual Property Office, Katfriend and Page Hargrave trainee patent attorney Sean Gilday is modest enough to describe himself as something of a novice in the fields of both patent attorneyhood and...
Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)
By Kevin E. Noonan -- Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the basis for deciding priority and...
Patent Eligibility: The Historical Cases
By: Robert R. Sachs There are three 19th century cases that form part of the canon of Supreme Court caselaw on patent eligibility: Le Roy v. Tatham , 55 U.S. 156 (1852), O'Reilly v. Morse , 15 How. 62 (1853) and Tilghman v. Proctor , 102 U.S. 707 (1880).  Le Roy v. Tatham I'll...
The Normativist View of Section 101 and the Hidden Lessons in the Supreme Court's Cases
By: Robert R. Sachs Judge Mayer's dissents in MySpace v. GraphOn and Alexsam v. IDT are passionate epistles to his fellow jurists of the Federal Circuit. Mayer argues for making patent eligibility a gateway issue in patent litigation and for adopting without scrutiny the Supreme Court's...
Don't Believe the Publishers' Hype: Support Open Access
Once again, we are seeing entrenched interests try to fight the future with scare tactics and misinformation. This time, it's major journal publishers, and their target is open access to taxpayer-funded research.   First things first: The reason the publishers are on the warpath is that state and federal...
Even Attorney General Eric Holder Supports ECPA Reform
In a hearing last week in front of the House Judiciary Committee, Attorney General Eric Holder announced his support for updating the Electronic Communications Privacy Act (ECPA). ECPA, which was written in 1986, is the main privacy law protecting private electronic messages like...
Patent Abuse Reduction Act of 2013 (S.1013)
By Dennis Crouch If it exists, the patent heat in Congress right now is focused on "curbing abusive patent litigation." A variety of bills have been introduced, including the SHIELD Act that would introduce a one-way fee shifting system that would require losing plaintiffs to pay the attorney fees of...
Talk on Designing Optimal Safe Harbors and Immunities
By Eric Goldman Recently, I posted a Forbes article entitled "Designing Optimal Safe Harbors and immunities." Based on the feedback...
World Health Assembly: Draft Of NCD Action Plan Shows Compromises On IPRs
Negotiators worked late last night to reach some compromise on the intellectual property-related component of the emerging World Health Organization action plan on noncommunicable diseases. Related Articles: World Health Assembly: Drafting Group Progressing On NCDs World...
Can unfit copyright laws favour businesses' growth and emergence of new services?
Surely thinking about (bad) copyright and innovation: Katfriend, photographer and copyright owner Douglas McCarthy's Pushkina After a week in Shanghai, this Kat is back on the blogosphere with a question which has been haunting her for the past few days, even more than jet-lag...
Supreme Court Grants Certiorari in Medtronic v. Boston Scientific
By Andrew Williams -- On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented: QUESTION PRESENTED: In...
Publicity Rights Aren’t Property Rights: Appellate Court Gets It Very Wrong in Hart v. EA
Bad facts make bad law: it’s legal cliché that is unfortunately based on reality. We saw as much yesterday, in the case of Ryan Hart v. Electronic Arts.   Presented with a situation that just seemed unfair, the Third Circuit Court of Appeals proceeded to make a whole bunch of bad law...
New Animated Video About the TPP and its Chilling Effects on Internet Users
When most people think of a trade agreement, they're unlikely to think that it would have anything to do with regulating the Internet. For more than a decade however, the Office of the U.S. Trade Representative has included copyright enforcement in international trade deals. Such...
The March Toward Patent Reform Continues
Today, Sen. John Cornyn (R-Texas) introduced the Patent Abuse Reduction Act , a wide-ranging bill targeting abusive litigation tactics—a favorite tool of the patent troll.  The good news first. The bill would do significant harm to the patent troll business model, making it harder to be a troll and...
Vermont Is Mad as Hell at Patent Trolls and Is Not Going to Take It Anymore
There is exciting news out of the Green Mountain State this week: folks in Vermont are so fed up with patent troll abuse that they are taking matters into their own hands. With trolls filing thousands of lawsuits every year and blanketing the country in threat letters, states are looking for ways to...
Amazon Strikes Another Deal That Is Good for Amazon
While I'm waiting for the dust to settle and clarifications to be clarified I suggest you read John Scalzi's "Instant Thoughts" blog post on Amazon's new "Kindle Worlds" . Scalzi points out what immediately occurred to me, which is that this is a very good deal for Amazon and probably not such a good...
Speedypats can be okay -- if handled with care
Will it all be plain sailing for speedypats? Little over a month ago ("Coming soon: Speedypats", here ) , this Kat reported on the proposal in the United Kingdom to grant superfast national patents in just 90 days.  He expressed some anxiety as to whether this was the right...
Bitcoin not E-money Under the EU Electronic Money Directive
One of the strategic questions for Bitcoin is how it will interact with regulation. I recall that E-gold has been shut down by the American government under allegations of money laundering and operating a Money Transferring Business without the necessary licenses. In contrast to...
Huawei: the Duesseldorf court presumes to ask
The Court of Justice of the European Union (CJEU) has been asked to consider some questions of vital importance to our understanding of how patent monopolies and standard-essential proprietary technologies fit in with the European Union's omnipowerful rules on competition and...
CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Opinions by Judge Moore, Judge...
By Michael Borella -- A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence, and a second post addressed Chief Judge Rader's concurrence-in-part and dissent-in-part. As noted in those posts, Alice's claimed inventions involved the...
Going To Seed
In Bowman v. Monsanto , the Supreme Court creates a glaring exception to patent law as a boon to corporate power. Such plutocratic largesse is the norm, as is ignoring facts to rule by bias, while crafting law from the bench without respect to statute. The abject corruption of the...
Guest Post: Monopoly Without Apology
By Shubha Ghosh Without any surprise, even to those who wrote amici in support of the farmer in Bowman v. Monsanto , the Supreme Court ruled in favor of Monsanto last week. During oral arguments in February, the Court made it clear that it would find against Bowman because he had made...
WIPO Unveils Results Of Training Department Assessment, But Keeps Document Secret
The World Intellectual Property Organization training arm has been undergoing an external assessment which was presented to member states during the organisation's committee on development last week. Related Articles: Web-Based IP Assessment Tool Gets Update From...
Patents: Mark Cuban and small business
Do we want to innovate our way out of crisis? How about government getting out of the way of innovators? Real innovators and small businesses are obstructed not helped by patents. Don't listen to me. Listen to someone in business .
Plagiarism: Do we need a law?
In the dimension of copyright, the issue of plagiarism often comes up. There is a common misunderstanding that there is a connection between copyright or plagiarism. Plagiarism is not generally a violation of copyright law - although in some cases where extensive copying takes place it may...
Copyright and performance: reflections on a complex relationship
Although this Kat has recently been living with a spotty connection, which almost cut him off the  blogosphere  for a week, he noticed that Professor Rebecca Tushnet published a new article on ' Performance Anxiety: Copyright Embodied and Disembodied '. According to the...
Focusing one's sights on invalid dependent claims
Here are the conclusions from a recent case in the Patents Court (the last two paragraphs of the judgment with some explanatory notes added by the IPKat for context). 228. As appears from my treatment of the issues above, I have concluded that Leica's challenges to the validity of the...
The “Pump Six” Antinuclear Argument
“Pump Six” is a story by Paolo Bacigalupo, which is part of the collection published under the same name. I have reviewed this collection here . The basic theme of “Pump Six” is a world full of lazy and stupid people. They depend on technology developed by previous generations. But...
5 Overlooked Lessons From the AP Subpoena Controversy and Other Leak Investigations
The journalism world has been rightly outraged by the Justice Department dragging the Associated Press (and now a Fox News reporter ) into one of its sprawling leak investigations. As we wrote last week , by obtaining the call records of twenty AP phone lines, “the Justice...
Infojustice: Trans-Pacific Partnership IP Chapter Stalled
Infojustice.org reports from the Trans-Pacific Partnership negotiations in Lima, Peru that the intellectual property chapter shows no sign of resolution and the end of the TPP talks in 2013 is now highly unlikely. Related Articles: Donations Rise For Wikileaks To Post Trans-Pacific...
WHO Director Highlights Noncommunicable Diseases, Pandemics; Blasts Industry...
World Health Organization Director General Margaret Chan today had strong messages for the opening day of the annual World Health Assembly: in these rocky times, public health work is a high ground that helps bring security and development, and if you are not doing all you can to...
Suing Over Keyword Advertising Is A Bad Business Decision For Trademark...
By Eric Goldman General Steel Domestic Sales, LLC v. Chumley, 2013 WL 1900562 (D. Colo. May 7, 2013) Trademark owners...
Quibbling over minutiae? Or has something been overlooked? Concerns over UK implementation of...
This Kat has previously posted a couple of concerns about the implications of some details of the unitary patent and the Unified Patent Court Agreement - see here and here . Now this moggy is concerned about the UK ratification of this legislation.  He has been reading the recently...
After Court Ruling, US Still In Disarray On Software Patents
What inventions are eligible for patent protection? That question has roiled the US legal system for the last decade. But the Federal Circuit Court of Appeals (often called the nation’s patent court) was supposedly riding to the rescue. The court’s eagerly-awaited en banc decision...
Hatching Europe's Unified Patent Court: who will pay for the chickens and eggs?
Imminent patent reform "delayed".   Only three months after (most of) Europe's finest attached their signatures to the Unified Patent Court (UPC) proposal, the official view on the likely start date has slipped by a year from early 2014 to early 2015, says Alan Johnson , IP...
Court Report
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware • Plaintiff: AbbVie Inc. • Defendants: Hetero USA Inc.; Hetero Labs...
Conference & CLE Calendar
May 21, 2013 - Ethics in IP Practice (Intellectual Property Law Association of Chicago) - Chicago, IL May 21-23, 2013 - Pharma Legal Affairs (IBC Life Sciences) - Shanghai, China May 27, 2013 - A Harmonized Patent World -- Are We Getting There? (Intellectual Property Owners...
Who Really Owns The Librarian of Congress?
As new legislation makes its way through the halls of Congress to try and fix the mess highlighted by the Librarian of Congress's refusal to extend a DMCA exemption on cell-phone unlocking an important question has arisen: to whom, exactly, does the Librarian answer...
WIPO Group To Consider Substantive Amendment To Patent Cooperation Treaty
On the agenda of the normally technical World Intellectual Property Organization working group on the Patent Cooperation Treaty (PCT) next week is a proposal for an amendment that would incorporate the bilateral Patent Prosecution Highway (PPH) used by some countries into...
When A Lawyer Isn't Enough, Get an IP Lawyer
Mike Masnick has a long but really excellent column up on a tempest in my local teapot . The short form is that Jonathan Monsarrat and his lawyer/business partner have caused quite a stir in my part of the world by filing a raft of copyright, defamation, and generic John Doe claims over...
IPLAC Program on IP Ethics
The Intellectual Property Law Association of Chicago (IPLAC) will be offering a program on "Ethics in IP Practice" on May 21, 2013 from 12:00 to 5:00 pm (Central) at the offices of Winston & Strawn LLP in Chicago, IL. Wendy Muchman, Chief of Litigation/Professional Education...
Judge’s Facebook Friendship With Victim’s Parent Does not Taint Proceeding -- Youkers v. Texas
[Post by Venkat Balasubramani] Youkers v . Texas, No. 05-11-01407-CR (Tx. Ct. App. May 15, 2013) [pdf] Youkers was convicted...
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