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Archive : May 2012

May 29, 2012

Second Circuit expresses misgivings over scope of injunction in appropriation art case

Bloomberg BNA full story: Tamlin Bason's writeup about the oral arguments in a closely watched copyright infringement case against a popular appropriation artist for...

May 29, 2012

Open access to publicly funded research remains live issue

Blog exclusive: Over the past few months, the issue of free access to publicly funded research has been popping up as an issue of contention between publishers on the one hand, and librarians and public interest groups on the...  

May 28, 2012

'Do You Copy?' Podcast, Episode 23, May 28, 2012

Podcast (stream or download): In this episode of "Do You Copy?," Ananda talks about the Georgia State University decision, which has universities and academic librarians breathing sighs of relief at what apparently seems to be a major victory for them. And Tony talks...  

May 25, 2012

Chamber of Commerce study on IP jobs; New transparency bill by Wyden

Bloomberg BNA full stories: Tamlin Bason's writeup of the Chamber of Commerce's latest effort to justify strong copyright protections for ... Anandashankar Mazumdar's writeup of the introduction of S. 3225 for...

May 25, 2012

ABC v. Aereo: 'Watch now' and 'record' are the same thing?

Blog exclusive: This week, Bloomberg Law's Jessica McKinney did an analysis for us to preview the U.S. District Court for the Southern District of New York's upcoming May 30-31 hearing on preliminary injunction...

May 23, 2012

PTO transparency lauded; Student access was fair use; Challenge to 'Pomegranate' drink barred

Bloomberg BNA full stories: Tony Dutra's writeup on a House Judiciary Committee hearing on the Patent and Trademark Office's implementation of the patent reform statute for... Anandashankar Mazumdar's writeup on the hefty decision allowing a university to offer some excerpts from scholarly works to students through its electronic reserves system for... Tamlin Bason's writeup on a failed attempt to bring a private Lanham Act claim to overrule a labeling decision by the Food and Drug Administration's for...  

May 22, 2012

WildTangent (a/k/a Ultramercial v. Hulu) as yet another Section 101 debate

Blog exclusive: Are you sick of Section 101 patent eligibility talk by now?  I'm not. And here we go again. The Supreme Court vacated the Federal Circuit's decision in Ultramercial v. Hulu . The appeals...

May 22, 2012

Getting through the Georgia State decision: The bottom line

Blog exclusive plus Bloomberg BNA full story: I just finished my analysis of the nearly 350-page-long  Cambridge Press v. Becker decision from the U.S. District Court for the Northern District of Georgia, and my conclusion is that the...

May 21, 2012

'Do You Copy?' Podcast, Episode 22, May 21, 2012

Podcast (stream or download): After a marathon session focusing on copyrights, Ananda and Tony give some attention to patents again: Tony offers an update on the ongoing smartphone wars, this time between Apple and Samsung,...

May 15, 2012

Korean memorial sculptor's victory; Apple-Samsung battle update

Bloomberg BNA full stories: Anandashankar Mazumdar's writeup of a victory in the creator of the Korean War memorial's battle against the Postal Service for... Tony Dutra's writeup on two injunction rulings in the epic battle between Apple and Samsung for...

May 15, 2012

Apple v. Samsung and the effect of design patents on injunctions

Blog exclusive plus Bloomberg BNA full story: Apple and Android-based phone makers have been suing each other all over the world for patent infringement.  Each has had a success or two and each has had a failure or two.  But that's...

May 14, 2012

Maker's Mark Bourbon has enforceable trade dress rights in dripping wax seal

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a victory in a trademark infringement proceeding for Maker's Mark for...

May 10, 2012

IP czar touts voluntary agreements; Professors demand TPP transparency

Bloomberg BNA full stories: Tamlin Bason's writeup of Victoria A. Espinel's recent testimony before the Senate Judiciary Committee for... Anandashankar Mazumdar's writeup of a letter to the USTR's office demanding greater transparency for...

May 8, 2012

Malpractice plaintiff bears burden to show patentability of alternative claim language

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a Federal Circuit decision affecting malpractice claims by patent applicants for...

May 8, 2012

The death of the qui tam false patent marking complaints

Blog exclusive: Rogers v. Tristar  should end the two-plus-year onslaught of false patent marking cases by private citizens.  The decision was nonprecedential and the issue wasn't argued in the lower court,...

May 2, 2012

No injunction in trade secret action in which client list sent to ex-employee's husband

Bloomberg BNA full story: Tamlin Bason's writeup of a decision sinking a trade secrets misappropriation claim for...

May 1, 2012

Briefing on Myriad remand due June 15; oral arguments scheduled for July 20

Bloomberg BNA full story: Tony Dutra's writeup on the latest news in the ongoing Myriad case for...

May 1, 2012

Akamai and McKesson: Keys to joint infringement liability

Blog exclusive: It's been almost six months since the en banc Federal Circuit heard oral arguments in two cases on "joint liability" for infringement.  It's a huge issue.  What's taking them so long?  Why is...