The Bloomberg BNA Intellectual Property Blog is the home of the "Do You Copy?" podcast and offers links to selected articles by the BNA IP team, which is accessible to both subscribers and non-subscribers as well as commentary and analysis exclusive to this blog.
May 20, 2013
by Tamlin H. Bason
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 &...
by Tony Dutra
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...
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,...
May 17, 2013
by Anandashankar Mazumdar
Podcast (stream or download): In this episode, Tony and Ananda discuss the Supreme Court's decision in the controversial Bowman v. Monsanto case. But Tony thinks that a decision, or rather non-decision, by the Federal Circuit in CLS Bank v. Alice is more interesting. Also, the inaugural segment of Listener Mail. The podcast is also available at Apple's iTunes Store.
May 9, 2013
Blog exclusive: We've been following the Myriad case very diligently, not only in its presentation to the U.S. Supreme Court, but going back to when it was still before the U.S. Court of Appeals for the Federal Circuit. We've covered it not only in our own publication—Bloomberg BNA's Patent, Trademark & Copyright Journal—and in this very blog and the "Do You Copy?" Podcast. But this past weekend, WNYC's On the Media drew my attention with an interview with Robert L. Nussbaum, a professor of medicine at the University of California, San Francisco. Nussbaum's problem with Myriad is that in 2006 or so, Myriad stopped sharing its own data that forms the basis of diagnosis related to the BRCA1 and BRCA2 genes. So about a year ago, Nussbaum decided to compile his own database and make it available to the public. He has been contacting as many genetic clinics as possible and asking them to contribute their data to the joint database, so even if Myriad's own data isn't available for everyone to look at, there will be an alternative for non-Myriad-affiliated diagnosticians to consult.
May 3, 2013
Podcast (stream or download): This week's episode features discussions on decisions related to the DMCA's safe harbors, a patent on airline seating knocked out by video evidence, and a mini-rant on a paucity of challenges to covered business method patents. The 'Do You Copy?' Podcast is now available for free at the iTunes Store.
April 26, 2013
Podcast (stream or download): This week's episode of the podcast focuses on the oral argument before the U.S. Supreme Court in the Myriad case, which has consumer interest groups, civil liberties groups, cancer patients, and the biotechnology industry all on the edge of their seats.
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...
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 &...
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...
by Bloomberg BNA Staff
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
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,...
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...
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 16, 2013
Blog exclusive: BNA's Patent, Trademark & Copyright Journal has for years been covering conferences presented by the Institute for Intellectual Property and Social Justice at Howard...
April 12, 2013
Podcast (stream or download): In this week's episode of "Do You Copy?," Ananda and Tony discuss the big picture when it comes to Novartis's failure to get a patent on its improved cancer drug. And then it's on to two decisions in which copyrights are pitted against service providers. In one case, Tony revisits an old rant against the U.S. Court of Appeals for the Second Circuit when talking about the latest decision in the Aereo case. And Ananda talks about the downfall of ReDigi's attempt to sell second-hand digitized music.
April 8, 2013
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...
by Bloomberg BNA correspondent
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...
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 5, 2013
Podcast (stream or download): This week's episode of "Do You Copy?" is all about the Supreme Court and two cases that have stirred significant controversy. Ananda analyzes the long-awaited decision in the Kirtsaeng case, which involved the interplay of the first-sale doctrine with the Copyright Act's importation right. Tony offers his perspective on oral arguments in the Actavis case, in which the Federal Trade Commission has objected to "pay-for-delay" agreements between brand-name pharmaceutial manufacturers and their rival generics makers. This is also the first episode that will hit the blog and the iTunes Store simultaneously.
April 3, 2013
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...
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,...
March 18, 2013
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...
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 7, 2013
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,...
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...
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...
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...
March 1, 2013
Podcast (stream or download): Ananda and Tony discuss the Supreme Court's ruling in Gunn v. Minton, which slaps down the Federal Circuit for trying to block state courts from entertaining malpractice claims against patent attorneys. Also, Tony reports on his visit to the high court to observe the oral argument in Bowman v. Monsanto, and things don't seem to be looking very good for Bowman.
February 28, 2013
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...
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 24, 2013
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 15, 2013
Podcast (stream or download): Tony reports on his visit to the Federal Circuit to hear arguments on software patenting and Ananda notes that the long-simmering disparaging trademark issue involving Washington's professional football club has recently become a subject of public interest again.
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,...
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...
Blog exclusive: A federal court recently took the drastic step of issuing a preliminary injunction in a trademark infringement suit. But did the court give too much protection ...
February 4, 2013
Hallelujah! I wrote a story for my publication, the Patent, Trademark and Copyright Journal, that assessed the arguments in CLS Bank International v. Alice Corporation Pty. Ltd. , a case the en...
February 1, 2013
Podcast (stream or download): In this week's podcast, Tony gets to reminisce about his old employer, CompuServe, whose pre-internet online mall on a private network served as prior art to render obvious a patent in an internet shopping service. Ananda talks about a decision by the Connecticut Supreme Court that says that the states FOIA statute's exception for "federal law" includes the Copyright Act, and, thus, a state agency is not stuck with paying $9 million in licensing fees when a private citizen wants copies of 400,000 aerial images licensed by the state from a private party.
January 31, 2013
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...
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
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...
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...
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 17, 2013
Blog Exclusive: The Supreme Court recently decided a trademark case that was heavily disguised as a constitutional law case. As a result, the lessons for trademark practitioners, though sparse, are nontheless ...
January 15, 2013
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 11, 2013
Podcast (stream or download): In the first podcast of 2013, Tony kicks it off with some calendar items on patent policy discussions that might not be very well publicized. Ananda helps Tony celebrate the N.F.L. playoff season by bringing back an old topic, the dispute between Frederick Bouchat and the Baltimore Ravens. Also on the agenda is a discussion about an ongoing dispute between the descendants of jazz singer and band leader Cab Calloway.
January 4, 2013
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....
December 27, 2012
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...
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...
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...
December 14, 2012
Podcast (stream or download): In the last podcast of the year, Tony kicks off the holiday season by airing his anxieties regarding case names that he doesn't know how to pronounce. But the podcast gets down to more substantive issues with the Supreme Court's granting of certiorari in the Watson case, which will take a look at the antitrust implications of reverse payment deals between brand name and generic drug makers. Ananda brings the holidays back into the discussion by turning to two intended holiday releases, a blockbuster and a knockbuster. Ananda also has an update on the ongoing saga of digital movie pirate Jammie Thomas-Rasset. And, to top off the holiday podcast, Ananda talks about a Federal Circuit decision, In re Yamazaki, that addresses an attempt to extend the term of a patent through reissue.
December 7, 2012
Podcast (stream or download): The big news this week is the Supreme Court's granting of a writ of certiorari in the Myriad case. ...
December 6, 2012
Blog Exclusive: No. Okay, are we done? Can we go home now? The question that the Supreme Court has decided to consider in Association for Molecular Pathology v. Myriad Genetics Inc . is "Are...
November 22, 2012
Blog exclusive: U.S. Rep. Darrell E. Issa (R-Calif.) seems poised to take a leading role in the debate over copyright reform. Emboldened by a successful defeat of the Stop Online Piracy Act ...
November 20, 2012
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 13, 2012
Bloomberg BNA full story: Tony Dutra's writeup of amicus briefs supporting the ACLU in the Myriad case for...
Bloomberg BNA full story: A writeup on a notice of appeal in the HathiTrust case for...
November 9, 2012
Podcast (stream or download): After a wild week of storms, Ananda and Tony regroup to talk about the oral arguments in the Kirtsaeng case, which the Supreme Court heard while the rest of Washington was shut down in anticipation of Hurricane Sandy. And Tony takes note of a little-noticed federal district court ruling that could result in some patent holders, particularly of pharmaceutical and biotechnology patents, getting the benefit of patent term adjustments if the PTO moves too slowly.
November 8, 2012
Bloomberg BNA full story: Tony Dutra's writeup of the opposing brief in the Myriad case for...
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...
Bloomberg BNA full story: Tony Dutra's writeup of a ruling in a case over patents on automated voting devices for...
Bloomberg BNA full story: Tamlin H. Bason's writeup of oral arguments before the Supreme Court in the Yums case for...
October 30, 2012
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...
Bloomberg BNA full story: Tony Dutra's writeup of a Federal Circuit decision that a patent application was properly rejected...
October 26, 2012
Podcast (stream or download): On this week's "Do You Copy?" Podcast, Ananda and Tony talks about the Copyright Office's latest push to tackle the orphan works problem as well as what seemst to be a resurgence of the doctrine of equivalents in patent law.
October 24, 2012
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...
October 19, 2012
Podcast (stream or download): In this episode, Tony and Ananda talk about a major blow to the Authors Guild in its battle against mass digitization and Tony threatens a rant on standards-essential patents.
October 16, 2012
Blog exclusive: We may finally be making progress toward finding an answer to the question: Is Section 101 of the Patent Act a "coarse filter" that pretty much lets everything through, or the only...
October 15, 2012
Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision cancelling the registration of the "Lovely Skin" trademark for...
Bloomberg BNA full story: Tony Dutra's writeup of a decision setting limits on licensing fees for patents used in industry standards for ...
October 12, 2012
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a decision denying associations standing to bring copyright infringement claims on behalf of members for...
Podcast (stream or download): Ananda and Tony fear that the chances of a Washington Nationals vs. Cincinnati Reds National League playoff isn't as certain as it had seemed to be. But on to business: The U.S. Supreme Court agrees to review a case involving Monsanto's seed patents and also one on the Federal Circuit's malpractice standard. But Tony thinks the bigger news is the Federal Circuit's decision to sit en banc on patent eligibility of computerized methods. Finally, there's a break in the long-running Google Books dispute.
October 9, 2012
Bloomberg BNA full story: Tony Dutra's writeup of the U.S. Supreme Court's granting of review in two cases...
Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision by the Federal Circuit rejecting registration of the term "JPK Paris 75" as being geographically misdescriptive for...
October 5, 2012
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a break in the long-running Google Books dispute for...
Unanimous Supreme Court Says No Patent Exhaustion for Monsanto Roundup Seeds
9th Cir. Affirms Righthaven Lacked Standing, Declines to Consider Broad Fair Use Ruling
Key Players Update AIPLA on Growing Momentum for Patent Small Claims Court
Federal Circuit Split on Computer Method, Media, System Claims in En Banc CLS Ruling
Schumer Seeks Permanent, Expanded CBM PTAB Challenges on Any Management Patent