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Category : Bloomberg BNA full stories

May 20, 2013

Schumer Seeks Permanent, Expanded CBM PTAB Challenges on Any Management Patent

Bloomberg BNA full story:  Tony Dutra's story on Sen. Chuck Schumer's bill that would make permanent the current 8-year term for challenging business method patents at the PTO and expand it...

May 20, 2013

Key Players Update AIPLA on Growing Momentum for Patent Small Claims Court

Bloomberg BNA full story:  Correspondent Paul Shukovsky attends the AIPLA's spring meeting in Seattle and reports  on the status of a proposed patent small claims court, appearing in BNA's...

May 20, 2013

9th Cir. Affirms Righthaven Lacked Standing, Declines to Consider Broad Fair Use Ruling

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Ninth Circuit's decision  affirming that "copyright troll" Righthaven lacks standing, appearing in BNA's Patent, Trademark &...

May 20, 2013

Federal Circuit Split on Computer Method, Media, System Claims in En Banc CLS Ruling

Bloomberg BNA full story:  Tony Dutra's writeup of the six-opinion-with-no-precedential-value ruling by the Federal Circuit on the patent eligibility of computer method, system, and media...

May 20, 2013

Unanimous Supreme Court Says No Patent Exhaustion for Monsanto Roundup Seeds

Bloomberg BNA full story:  Tony Dutra's writeup of the Supreme Court's  unanimous decision  that a farmer infringes Monsanto's seed patents by replanting seeds harvested from a first crop,...

April 30, 2013

Ten Things You Need to Know About Social Media and Intellectual Property

Bloomberg BNA full story:  An outside author contribution (accessible to both subscribers and non-subscribers)   to BNA's Patent, Trademark & Copyright Law Journal by Peter M. Brody and ...

April 26, 2013

Following Remand, District Court Again Says YouTube Protected by DMCA's Safe Harbors

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Southern District of New York's decision - once again - denying Viacom's attempt to force YouTube to monitor copyright infringement...

April 26, 2013

Former Franchisee's Continued Use of Marks After Agreement's Termination Was Infringing

Bloomberg BNA full story:  Tamlin H. Bason's writeup of Southern Texas district court decision on trademark infringement by an ex-franchisee, appearing in BNA's Patent, Trademark &...

April 26, 2013

Noninfringement Winner Must File Contingent Cross-Appeal of Patent Validity Judgment

Bloomberg BNA full story:  Tony Dutra's writeup of 2-1 Federal Circuit decision advising litigators that you'd better file a contingent cross-appeal if you lost on any  ground at the lower...

April 26, 2013

If High Court Nixes Myriad Gene Patent, Look to Decades of Uncertainty, Panel Says

Bloomberg BNA full story:  A contribution  by John T. Aquino, who writes for Bloomberg BNA's Life Sciences Law and Industry  and Medical Research Law and Policy Report on a post- Myriad oral...

April 22, 2013

Party's Sale of Print Journals After Making Microfilm Copies for Library May Not Be Protected Under §108

Bloomberg BNA full story:  Tamlin H. Bason's review of a decision by the Middle District of Pennsylvania federal court related to fair use of libraries' materials, appearing in BNA's Patent,...

April 22, 2013

High Court's Myriad Questions Suggest Isolated DNA Patent Eligibility in Doubt

Bloomberg BNA full story:  Tony Dutra's review of oral argument at the Supreme Court April 15 in the controversial Myriad  case, appearing in BNA's Patent, Trademark & Copyright Law...

April 22, 2013

Company Cannot Assert TM Claim Based On Mark Owned by Company's Lone Shareholder

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Eastern District of Louisiana's district court's trademark standing decision , appearing in BNA's Patent, Trademark & Copyright...

April 8, 2013

First-Sale Doctrine Does Not Apply to Resale of Legally Downloaded Music Tracks

Tamlin H. Bason's writeup of the S.D.N.Y. district court's decision against ReDigi's music transfer business model, appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible to...

April 8, 2013

Novartis Loses Patent Appeal for Cancer Medication Glivec

Bloomberg BNA full story:  BNA's correspondent in India, Madhur Singh, provided this writeup of the decision by India's top court rejecting Novartis's appeal seeking grant of a patent for...

April 8, 2013

Second Circuit's Aereo Decision Hailed As Win for Cloud Computing Industry

Bloomberg BNA full story:  Paul Barbagallo, who writes for BNA's Daily Report for Executives , contributed this piece  on stakeholders' reactions to the Second Circuit's controversial Aereo ...

April 3, 2013

Court Grants AP Summary Judgment, Rejects Meltwater's Search Engine Defense

Bloomberg BNA full story:  Tamlin H. Bason's writeup of a March 21 decision by the Southern New York District Court that distribution of excerpts by a news clipping service is not protected...

April 3, 2013

High Court Considers Options for Antitrust Review of Reverse Payment Patent Settlement

Bloomberg BNA full story:  Tony Dutra's writeup of the March 25 oral argument at the Supreme Court on whether so-called pay-for-delay drug litigation settlements violate antitrust laws,...

April 3, 2013

House Bill Would Amend Trademark Act to Clarify That 'Redskin' a Disparaging Term

Tamlin H. Bason's writeup  of the Non-Disparagement of Native American Persons or People in Trademark Registration Act ( H.R. 1278 ),   that would make the term "redskin" not eligible for federal...

March 18, 2013

Sen. Leahy Introduces Bill to Re-Establish Exemption for Cellphone Unlocking in Law

Bloomberg BNA full story:  Paul  Barbagallo, who writes for BNA's Daily Report for Executives, contributed this article about the third bill introduced in the Senate intended to override the...

March 18, 2013

6th Cir. Reverses Dismissal of Trademark Claim

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Sixth Circuit's reversal in a trademark case , as the court gave weight to ex-employees' testimony on its former company's...

March 18, 2013

Government Continues Anti-DNA Patenting View in Myriad Supreme Court Amicus Brief

Bloomberg BNA full story:  Tony Dutra's writeup of the Solicitor General's amicus brief in the Myriad case on patenting isolated DNA, appearing in BNA's Patent, Trademark & Copyright...

March 18, 2013

Wyden Bill Would Override Copyright Office Rejection of Cellphone Unlocking Exemption

Bloomberg BNA full story:  Anandashankar Mazumdar and Tony Dutra combined on this writeup  of Sen. Ron Wyden's effort to win the race among his colleagues in the Senate, being the first to...

March 7, 2013

Apple's Award for Infringement by Samsung's Phones and Tablets Sliced Pending New Trial

Bloomberg BNA full story:  Tony Dutra's writeup  of the latest development  in the battle between Apple and Samsung in the Northern California District Court, appearing in BNA's Patent,...

March 7, 2013

Second Stab at Amazon Infringement Claim Due to Associates' Actions Suffers Same Fate

Bloomberg BNA full story:  David McAuley, who writes for BNA's E-Commerce Law Report, contributed this piece  on the Western District of Washington's ruling  in favor of Amazon in a copyright...

March 7, 2013

UK ISPs Must Block Access to BitTorrent Websites Due to Subscribers' Infringement

Bloomberg BNA full story:  Amy E. Bivins, who writes for BNA's E-Commerce Law Report, wrote this story  on the England and Wales High Court of Justice's ruling in EMI v. British Sky...

March 7, 2013

Pre-Akamai Decision Remanded for Analysis Of Inducement Instead of Joint Infringement

Bloomberg BNA full story:  Tony Dutra's writeup of a Federal Circuit decision , in the wake of its en banc Akamai  ruling, requiring that a district court conduct an inducement analysis as an...

February 28, 2013

High Court Requests CAFC Reconsider Patent Malpractice After Gunn v. Minton

Bloomberg BNA full story: Tony Dutra's writeup of the Supreme Court's grant-vacate-remand order asking the Federal Circuit to revise its view on jurisdiction over patent attorney malpractice...

February 28, 2013

Supreme Court Gets Another Petition On Hatch-Waxman Safe Harbor Dispute

Bloomberg BNA full story: Tony Dutra's writeup of a cert petition  filed hoping the high court will resolve discrepancies between two Federal Circuit opinions on the Hatch-Waxman safe harbor for...

February 28, 2013

White House Calls for Free Access to Articles That Are Based on Publicly-Funded Research

Bloomberg BNA full story: Tamlin H. Bason's writeup of a White House memorandum  to agencies that publicly-funded research - including papers published in peer-reviewed journals owning a...

February 25, 2013

Businesses Welcome Google Deal With Government, Publishers in France

Bloomberg BNA full story: Europe-based BNA correspondent Rick Mitchell provided this writeup of Google's deal with the French government to create an $81.3 million fund to help French newspaper...

February 24, 2013

Supreme Court Hears Arguments on Patent Exhaustion for Self-Replicating Articles

Tony Dutra's writeup of oral argument at the Supreme Court in a case challenging exhaustion of patent rights under the first-sale doctrine when the patented item is self-replicating, like seeds,...

February 24, 2013

Bill Forcing Government Agencies to Publish Research Papers Reintroduced in Congress

Bloomberg BNA full story: Tony Dutra's writeup of the reintroduction in Congress of the "Fair Access to Science and Technology Research Act," which would force free access to copyrighted...

February 15, 2013

Obama Nominates Chen, Hughes to Federal Circuit; Taranto's Nomination Moves to Full Senate

Bloomberg BNA full story: Tony Dutra's writeup  about the three new nominations for a seat on the Federal Circuit bench, appearing in BNA's Patent, Trademark & Copyright Law Daily...

February 15, 2013

Federal Circuit Hears Arguments on Appeals of Liability Judgments in Bifurcated Trials

Bloomberg BNA full story: Tony Dutra's writeup of arguments on whether the Federal Circuit has jurisdiction over appeals between the two parts of a bifurcated patent infringement trial,...

February 15, 2013

En Banc Argument at Federal Circuit Shows Continuing Split on Computer Claim Eligibility

Bloomberg BNA full story: Tony Dutra's writeup of arguments for and against patent eligibility of software before the Federal Circuit, sitting en banc, appearing in BNA's Patent, Trademark...

February 7, 2013

PTO Director Kappos Gets Fond Farewell; Leahy Lauds Director in Congressional Record

Bloomberg BNA full story: Tony Dutra's writeup of a farewell party held for PTO Director David J. Kappos, who resigned Feb. 1, appearing in BNA's Patent, Trademark & Copyright Law Daily...

February 7, 2013

Pallante Appoints Associate Register of Copyrights

Bloomberg BNA full story: Tamlin H. Bason's writeup of the appointment of Karyn Temple Claggett to serve as director of policy and international affairs at the Copyright Office, appearing in...

February 7, 2013

International Harmonization of Patent Law Gets Serious; PTO to Hold March 21 Hearing

Bloomberg BNA full story: Tony Dutra's writeup of a PTO request for comments and hearing announcement, based on international patent harmonization efforts of the so-called Tegernsee Group,...

January 31, 2013

Federal Law Exemption in State FOIA Applies To Copyright; Royalties May Be Passed On

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the District of Connecticut's Jan. 29 ruling that copyright law makes certain information exempt from public disclosure under a...

January 31, 2013

Ten Things You Need to Know About Social Media and Intellectual Property in 2013

Bloomberg BNA full story: A guest contribution - published as a "BNA Insight" - from Ropes & Gray IP attorneys and appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible...

January 31, 2013

Common Pizza Parlor Design Is Not Distinctive

Bloomberg BNA full story: Tamlin H. Bason's writeup of an Eastern District of Michigan ruling on trade dress for a pizza parlor, appearing in BNA's Patent, Trademark & Copyright Law Daily...

January 24, 2013

Based-on-Real-Life Movie Did Not Infringe When Recreating Wanted Poster of Kidnapper

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the First Circuit's Jan. 7 ruling that a movie's recreation of an actual photograph was not a copyright infringement, appearing...

January 24, 2013

Web Sale of Fake Uggs Yields Likely Harm, Warrants Domains Transfer, PayPal Seizure

Bloomberg BNA full story: Amy E. Bivins, who writes for BNA's E-Commerce Law Report, contributed this story on a Jan. 16 decision by the Northern District of Illinois on likelihood of...

January 24, 2013

Mootness Finding Unaffected By Contingency Payment Pending Successful Appeal

Bloomberg BNA full story: Tamlin H. Bason's writeup of the Federal Circuit's Jan. 17 ruling that a finding of mootness in a patent infringement case is not altered by an appeal contingency...

January 15, 2013

Senate and House Judiciary Committees Take Shape for 113th Congress

Bloomberg BNA full story: Tony Dutra's notes on the Senate and House legislators who will be responsible for intellectual property legislation in the 113th Congress, appearing in BNA's Patent,...

January 15, 2013

Purported Assignment of ITU Application Void In Absence of Ongoing, Existing Business

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a Southern District of New York decision on trademark rights on the name of jazz band leader Cab Calloway,  appearing in BNA's...

January 15, 2013

Solicitor General Recommends Cert Denial In Hatch-Waxman Safe Harbor Patent Case

Bloomberg BNA full story: Tony Dutra's review of a brief filed by the solicitor general recommending that the Supreme Court deny the cert petition in GlaxoSmithKline v. Classen...

January 4, 2013

AIA Technical Amendment Clears Congress Minus Pre-GATT Patent Application Provision

Bloomberg BNA full story: Tony Dutra's writeup of Congress's approval of H.R. 6621 , a bill that mostly makes technical corrections to the 2011 patent reform bill, the America Invents...

January 4, 2013

Aereokiller Web TV Service Held Infringing Notwithstanding Contrary Decision on Aereo

Bloomberg BNA full story: A contribution from BNA's E-Commerce Law Report, this is Amy E. Bivins's writeup of the Ninth Circuit's ruling on streaming TV content to mobile devices in Fox v....

January 4, 2013

Senate, House Pass Amended Bill To Stiffen Fines for Foreign Economic Espionage

Bloomberg BNA full story: Tamlin H. Bason's  writeup of the ping-pong passage in Congress of H.R. 6029 , a bill that would stiffen penalties for foreign, economic espionage...

December 27, 2012

Draft Grades for NFL Prospects Copyrightable But Website's Use of Such Grades a Fair Use

Bloomberg BNA full story: Tamlin H. Bason's writeup of a Western Washington district court Dec. 13 decision that detailed pre-draft grades of National Football League prospects are...

December 27, 2012

Poe Sponsors Second Bill to Permit Customs To Share Import Data With IP Rights Holders

Bloomberg BNA full story: Anandashankar Mazumdar's writeup  about legislation introduced Dec. 13 in the House that would permit customs officials to share information about imported goods...

December 27, 2012

File-Sharing Defendant Seeks Supreme Court Review of $222K Statutory Damages Award

Bloomberg BNA full story: "Is there a constitutional limit to the statutory damages that can be imposed for downloading music online?" Anandashankar Mazumdar's writeup of the cert petition ...

December 27, 2012

Supreme Court Will Review Whether Reverse Payment Settlements Are Antitrust Violations

Bloomberg BNA full story: Tony Dutra's writeup of the Supreme Court's Dec. 7 cert grant on the question of whether a "pay-for-delay" settlement--in which a patent-owning brand name drug...

December 27, 2012

Obama Signs Legislation to Implement Hague Agreement, Patent Law Treaty

Bloomberg BNA full story: Tony Dutra's writeup of President Obama's signing into law Dec. 18 of the Patent Law Treaties Implementation Act of 2012 , S. 3486, amending the Patent Act to...

December 27, 2012

‘Technical Amendment' Goes Beyond Corrections to America Invents Act

Bloomberg BNA full story: Tony Dutra's writeup of a " technical amendment " to the America Invents Act, introduced in the House Nov. 30 that would go beyond the scope of the AIA to force...

December 27, 2012

Mouthwash Bottle, Cap Designs Inherently Distinctive and Thus Registrable

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the Trademark Trial and Appeal Board's Nov. 16 decision that the designs for Procter & Gamble Co's Scope Outlast...

December 27, 2012

Supreme Court Will Weigh Patent Eligibility of Human DNA in Myriad Case

Bloomberg BNA full story: Are human genes patentable?" Tony Dutra's writeup of the Supreme Court's Nov. 30 cert grant regarding the patent eligibility of claims on isolated DNA in Association...

December 27, 2012

Current and Former Federal Circuit Chief Judges Defend Patent System Benefit to U.S. Public

Bloomberg BNA full story: Tony Dutra's writeup of a Licensing Society meeting in Washington, D.C., at which Federal  Circuit Chief Judge Randall R. Rader and his predecessor, Paul R....

December 27, 2012

Kappos to Step Down As Head of PTO in January

Bloomberg BNA full story: Tamlin H. Bason's writeup of David J. Kappos's decision to step down as director of the Patent and Trademark Office in January, appearing in BNA's Patent, Trademark...

December 27, 2012

Use of Original Infringing Ravens Logo In Madden NFL Video Game Is Not Fair Use

Bloomberg BNA full story:   Anandashankar Mazumdar's writeup  of a Nov. 19 decision by the Maryland district court that the use of an infringing Baltimore Ravens logo in the “throwback...

November 21, 2012

PTO's Kappos says software patent critics should ‘move beyond the flippant rhetoric'

Bloomberg BNA full story: Tony Dutra's writeup of PTO Director Kappos's defense of software patents for...

November 20, 2012

Relying on 9th Circuit's withdrawn opinion, district court says ‘Betty Boop' is functional

Bloomberg BNA full story: Tamlin H. Bason's writeup of a ruling that the Betty Boop character is aesthetically functional, based on a portion of a Ninth Circuit decision that the Ninth Circuit had withdrawn for...

November 14, 2012

Webinar discusses split in Federal Circuit: Hatch-Waxman safe harbor a ‘safe ocean'?

Bloomberg BNA full story: Tony Dutra's writeup of a webinar discussion about the scope of the Hatch-Waxman Act's safe harbor for...

November 13, 2012

Amici file seven briefs supporting ACLU challenge to isolated DNA patent eligibility

Bloomberg BNA full story:  Tony Dutra's writeup of amicus briefs supporting the ACLU in the Myriad case for...

November 13, 2012

Copyright holders appeal mass-digitization decision

Bloomberg BNA full story: A writeup on a notice of appeal in the HathiTrust case for...

November 8, 2012

Opposing brief in DNA patent challenge: ACLU misunderstands scientific principles

Bloomberg BNA full story: Tony Dutra's writeup of the opposing brief in the Myriad case for...

November 8, 2012

Rosetta Stone and Google settle lawsuit; will join to ‘combat' trademark abuse

Bloomberg BNA full story: A writeup on the settlement of a dispute over Google's use of Rosetta Stone's trademarks as keywords for advertising for...

November 8, 2012

Patent on automated voting devices not infringed by machine manufacturers

Bloomberg BNA full story: Tony Dutra's writeup of a ruling in a case over patents on automated voting devices for...

November 8, 2012

Does covenant Not to sue divest court of jurisdiction to hear TM validity challenges?

Bloomberg BNA full story: Tamlin H. Bason's writeup of oral arguments before the Supreme Court in the Yums case for... 

October 30, 2012

Owner of Winchester Mystery House fails to pass Rogers test in dispute over movie

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a decision rejecting trademark infringement claims against a movie set in a famous, purportedly haunted house for...

October 30, 2012

En banc Federal Circuit rules 10-1 that PTO can nix patent despite contrary court ruling

Bloomberg BNA full story: Tony Dutra's writeup of a Federal Circuit decision that a patent application was properly rejected...

October 26, 2012

Coalition seeks to lobby Congress in support of stronger rights under first sale doctrine

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the formation of a new group promising to pressure Congress to support stronger rights under the first sale doctrine for...

October 24, 2012

Progressive encroachment bars laches defense in service mark infringement claim

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision in a service mark infringement case applying the doctrine of progressive encroachment for...