LATEST BLOG POSTS
RSS

What’s My Name?: Rihanna’s “Robyn” Registration Opposed by DC Comics

Here’s something I learned today—Barbadian megastar Rihanna’s first name is actually Robyn.


Texas Cries ‘Havoc´, Lets Slip Dogs of Trademark

The VCU Rams, led by head coach Shaka Smart, had a memorable run to the Final Four of the NCAA Tournament in 2011, and have made the tournament every year since. The Richmond, Va. school’s success has been based largely on Smart’s “Havoc” defense, a high-pressure, full-court-pressing scheme that focuses on forcing opposing teams into turnovers.


Podcast Relaunch: ‘Blurred Lines,' Sup. Ct. Ruling, Oral Arguments

Ananda and Tony are joined by a new colleague, Blake Brittain, to mark the relaunch of the “Do You Copy?” podcast after more than a year on hiatus. On the agenda are goings on in the Supreme Court on trademark and patent issues as well as a breakdown of the latest of several controversies surrounding the 2013 pop hit “Blurred Lines”


What Comes Around: Beastie Boys Win Another Copyright Suit

The Beastie Boys’ 1989 album Paul’s Boutique is commonly cited as an all-time great album that couldn’t have been made under current copyright laws. There are over 100 samples on the album, many of them easily recognizable even to casual music fans.


‘Blurred Lines’ Jury Reaches Verdict: Gaye Family Keeps on Dancin’

The long-awaited decision in the copyright infringement case involving Robin Thicke and Pharrell Williams’ “Blurred Lines” and Marvin Gaye’s “Got to Give It Up” came down March 11.


Hall & Oates Haul “Haulin’ Oats” Makers Into Court

Newly-inducted Rock & Roll Hall-of-Famers Hall & Oates have a surprisingly colorful recent history of trademark issues.


No Go to Go Go Power Rangers

The latest viral phenomenon created some unique copyright issues. And while these issues were resolved a few days ago, it still might be worthwhile to take a look at exactly what happened with the Power Rangers viral video.


It’s Never Black or White: Is Fan Fiction Fair Use?

Chances are you are familiar with the “Fifty Shades of Grey” phenomenon on some level. Even if you avoided both the books and the film, you no doubt noticed the runaway popularity of the racy trilogy, which translated into ladies (and perhaps a few guys) counting the days until the release of motion picture.


Let’s Relax About Taylor Swift’s Trademarks

Earlier this week, Taylor Swift caused an outcry on the Internet (like she does) by applying for trademark registrations for a number of lyrics from her recent smash album, 1989, including “This Sick Beat”, “Nice to Meet You. Where You Been?”, “Could Show You Incredible Things”, and “Cause We Never Go Out Of Style”.


May the Trademarks Be Ever in Your Favor: Seahawks Run Registration Blitz

It looks like the defending Super Bowl champion Seattle Seahawks’ IP unit is at least as aggressive as their defense.


Peace, love and beer: What’s Gandhi Bot to do with it?

Once again, there’s a product out there that I’d like to try, so I can find out what all the fuss is about.


Chancellor Dismisses Claims, Creates Great Disturbance in the Force

Not so long ago, in a galaxy far, far away (Delaware), there was a litigant with a vision…a vision of flying cars shaped like X-Wings. Got your attention? Good. This may be the strangest case we’ve ever written about. And not just because of the claims asserted, but because of the manner in which they were asserted. The complaint certainly got one judge’s attention—it deserves yours too.


Repeat After Me: “Je Suis Not Going to Get a TM Registration on That Popular Phrase”

Applications to register “Je Suis Charlie” as a trademark have been filed on both sides of the Atlantic in recent days.  Those applications are, unfortunately, just the latest (but by no means the last) in a growing list of misguided attempts to co-opt a popular phrase into a proprietary mark.


Ex-Con Financial Fraudster Finally Concedes He’s Not Publisher of The New York Post

A look at what appears to be the end of a quarter-century-long effort by a financial fraudster to become the publisher of one of America’s most popular tabloids, at least in name.


'Selma' Wins Over Critics While Skirting Copyright Confrontation

The film Selma, about Martin Luther King Jr.’s 1965 protest marches in Alabama, has garnered rave reviews , Golden Globe nominations and significant Oscar buzz since its release, but it also raises some pretty interesting copyright issues.


IP Blog Year in Review: Top Three Patent Law-Related Events in 2014

From Congress, to PTAB, to—you guessed it—Alice, Tony Dutra provides a roundup of his top three events in patent law from 2014.


DMCA Notice and Takedown Report

The Commerce Department held its sixth public meeting to discuss DMCA notice and takedown issues identified in the Internet Task Force's green paper on copyright in the digital age.


PLI Panel Tackles Copyrights and Mass Digitization

Is mass digitization of copyrighted works around the corner?

 

Maybe, maybe not.

 

A panel tackled the question of how mass digitization of copyrighted works might be achieved, during the "Intellectual Property" panel discussion at Practising Law Institute's "Communications Law in the Digital Age 2014" Nov. 14 in New York.


Potential Defense to Recent Infringement Lawsuit Could Shed Doubt on Patentability of Any ERISA Strategies

Reaching out across Bloomberg BNA's wide range of expertise, this post, written by Syd Gernstein, comes to us from Bloomberg BNA's Federal Tax Blog and covers a patent infringement case of particular interest to advisory firms that provide clients with computer-based investment programs.


PTO Begins New Program to Help Pro Se Applicants

Recently appointed USPTO Director Michelle K. Lee  announced a new initiative  Monday to assist pro se patent applicants.


Sacre Bleu!: Publishing Photos of Eiffel Tower at Night May Infringe Copyrights

You might want to think twice before posting that romantic picture you took that night at the Eiffel Tower this summer to Facebook. Not only are you making your friends jealous, but you could also be violating French copyright law.


Top 113 Congressional Copyright Review Moments

Blog Exclusive: The 113 th  Congress is wrapping up and so too is the House IP Subcommittee's exhaustive review of the nation's copyright laws.  For this year at least. This post recounts some of the more memorable moments from the review process to date.



The Dukes' Dukes Are Up, But Should They Be?

Blog exclusive:


Hate It or Love It: McDonald’s’ New Trademark Plans

Blog Exclusive : As  Bloomberg BusinessWeek reported , McDonald's filed to register a new slogan with the U.S. Patent and Trademark Office. The rumor was that the new slogan was "Lovin' Beats Hatin'." In response to Internet mocking, McDonald's denied that it was going to use the phrase. Instead, it will be using  "Lovin' > Hatin'"  and/or  "Lovin' Is Greater Than Hatin',"  according to filings with the USPTO. 


These Aren't the Beers You're Looking For: Lucasfilm Strikes Bock

If you like your beer with a hint of intergalactic controversy, then have we got a story for you. Lucasfilm Ltd., the company that brought you "Star Wars," is opposing a New York brewery's application to register a trademark for its "Empire Strikes Bock" lager. This is by no means the first time Lucasfilm has tangled with others over its intellectual property, but this dispute may be the most delicious.


Will 'Hana' Be 'Worth the Candle' Given Rarity of Tacking?

Blog Exclusive:  If the Supreme Court's resolution of the question presented in  Hana Fin., Inc. v. Hana Bank  is interpreted by later courts as applying only to trademark tacking cases, then it may prove to be one of the least impactful Supreme Court cases in recent memory. There is a chance, however, that the high court's resolution of the circuit split over whether tacking law is a question of fact or a question of law will be seen more broadly as persuasive commentary on the circuit split over whether likelihood of confusion is a question of law or fact.


'Ferrofluid' Infringement Claim Doesn’t 'Flow' in Favor of Artist

PTCJ Legal Editor Tamlin Bason told us about a copyright infringement action against American Honda Motor Co. based on Honda's alleged use of Sachiko Muromura's "ferrofluid"  artwork in its advertisements.   The complaint was dismissed with leave to amend, and in July 2013 Muromura did just that. But apparently the amendment effort made little difference. District Judge Dean D. Pregerson just dismissed the case again.



What’s the Best Way to Percolate a Consistent Cup of IP Law?

Blog Exclusive: Sometimes IP law can seem like a house divided, with the Federal Circuit having dominion over patent law and the other circuits maintaining control when it comes to copyright and trademark issues. At least one federal judge has called for an end to the Federal Circuit's exclusivity in the patent realm. But what about the possibility of granting the CAFC sole authority over non-patent IP disputes?

 


UPDATE: If the Notes Are Not the Same, Who Is to Blame?

We examine the arguments put forward by Robin Thicke and Pharrell Williams and the estate of Marvin Gaye concerning the alleged similarities between the recent hit "Blurred Lines" and the Gaye classic "Got to Give It Up."


One More Problem for Iggy Azalea

According to  a complaint filed in the U.S. District Court for the Central District of California , emerging Australian rapper Iggy Azalea is suing her ex-boyfriend and related production companies for releasing an EP of unheard music without her permission.


Sifting Through Latest Arguments Raised in 'Redskins' Name Dispute

A look at the ongoing trademark dispute involving the NFL's Washington Redskins, whose trademark registration was cancelled as offensive by the TTAB in June, and the novel arguments that may arise during the team's appeal to the U.S. District Court for the Eastern District of Virginia.


UPDATE: Vicodin, Alcohol and Depositions Blur Controversy Over ‘Blurred Lines’

Depositions of Robin Thicke and Pharrell Williams from  the copyright litigation between the "Blurred Lines" artists and the estate of the late Marvin Gaye  were  uncovered by the Hollywood Reporter  and appeared online Sept. 15. In the posted depositions, Thicke contradicts his earlier assertions that he and Williams' 2013 hit song was inspired by Gaye's "Got to Give It Up."


Bela Lugosi's Revenge: A Monster Misunderstood

Blog Exclusive:   The right of publicity in California can be assigned,  a state appeals court ruled Sept. 12.  It reversed a ruling by a Los Angeles trial court, saying that it had misunderstood a famous case involving Bela Lugosi.


Rust Never Sleeps: Sorensen v. WD-40

WD-40 Co. doesn't infringe on an Illinois man's "The Inhibitor" trademarks with its Specialist Long-Term Corrosion Inhibitor anti-rust product, an Illinois court ruled Sept. 9.


Two Mouse Heads and One DJ: Disney v. Deadmau5

There appears to be a contentious IP battle brewing between Disney and prominent electronic DJ Deadmau5 over his oversized mouse head logo.

 


Vine and the English Premier League: Square One of a New Copyright Issue?

Blog Exclusive:  The Barclay's Premier League, England's top soccer league and the most popular domestic soccer league in the world, is cracking down on Internet videos of goals scored, in a move that may herald future copyright issues for professional sports worldwide.


On the Copyright Implications of a Monkey Taking a Selfie

A photo that recently went viral on the Internet is also at the center of an uncommon copyright dispute. The argument revolves around a question that I never thought I'd get to ask: when a monkey takes a selfie, who owns the rights to the photo?   


Wait 'Til I Get My Money Right: Kanye Defeats Coinye

Blog Exclusive:  Kanye West is one of the most important musicians of his generation, and he rubs many people the wrong way because he is fully aware of that fact. West often has trouble dealing with the backlash that comes with being such a divisive megastar, and he has a propensity to respond in  hilariously tone-deaf ways  (link not suitable for work) to those who make fun of him, which makes him an easy target for more ridicule, thus perpetuating an endless cycle.  

With that in mind, I'm not sure what  Coinye West  expected after creating a cryptocurrency with West's face on it.  



Anheuser-Busch opposition to Natty Greene's TM registration part of growing trend

Blog Exclusive:  With the Independence Day holiday right around the corner, now is probably a good time to talk about beer.

Americans  typically spend over $300 million  on beer for the Fourth of July, making it one of the peak beer-buying holidays in the U.S. One major trend within the beer industry is the recent rise of craft beers, which are typically brewed by smaller local breweries as opposed to giants like Budweiser and Coors. Many new craft breweries have been founded over the past few years, and all of these new beers need names. This has created an increasingly crowded field of beer-related trademark disputes.


Don't tweet me this way

Blog exclusive:


High court denies review of standards on patent infringement damages, lost profits

The Supreme Court denied on June 30 a petition for writ of certiorari in Rudolph Techs., Inc. v. Integrated Tech. Corp. (U.S., No. 13-1062, review denied 6/230/14), which appealed a Nov. 4 decision by the U.S. Court of Appeals for the Federal Circuit.

Integrated Technology Corp. owns a patent (U.S. Patent No. 6,118,894) on equipment that inspects probes that test chips on a semiconductor for misalignment. Rudolph Technologies Inc. is a competitor. The district court granted summary judgment of literal infringement by Rudolph's pre-2007 products, and a jury found infringement by subsequent products under the doctrine of equivalents. The jury awarded $7.7 million and $7.8 million in lost profits for the two product versions, respectively.

The appeals court overturned the jury's decision as to the later products but affirmed the lost profits award as to the pre-2007 products, reviewing under a substantial evidence standard.


Ad-supported Internet content patent to be reconsidered in light of Alice ruling

In light of the Supreme Court's recent ruling on patentability of computer-implemented methods, it has issued a summary ruling in a similar case involving a patent on advertising-supported Internet publishing.

On June 19, the court issued a decision in Alice Corp. Pty Ltd. v. CLS Bank Int'l , 2014 BL 170103 (U.S. June 19, 2014), holding that mere implementation of an abstract idea with a computer is not patent-eligible.

A petition for a writ of certiorari had been pending in WildTangent while Alice was under consideration.

For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).


Aereo halts service after Supreme Court loss to broadcasters

June 30 - Aereo Inc. has temporarily shut down, giving the streaming-video startup time to determine whether it has a business after the U.S. Supreme Court ruled that it violates broadcasters' copyrights.

Aereo announced the halt in service on June 28, marking the end for now of the $8-a-month solution for cord cutters in 11 cities who used it to watch live and recorded TV from broadcasters like CBS and ABC.

For the full Bloomberg BNA story by  Alex Barinka and Caitlin McCabe   for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).


FDA's Juice Labeling Regulations Do Not Bar False Advertising Claim Under Lanham Act

June 12 -- The federal food labeling law and its accompanying regulations do not bar a juice manufacturer from asserting a false advertising claim against a competitor based on an allegation that a juice label is misleading, the U.S. Supreme Court ruled July 12 in a unanimous decision ( POM Wonderful LLC v. Coca-Cola Co., U.S., No. 12-761, 6/12/14).

Reversing a ruling by the U.S. Court of Appeals for the Ninth Circuit, the court also rejected an argument by the Solicitor General that the juice labeling regulations act as a "ceiling" on the scope of false advertising claims.

In an opinion authored by Justice Anthony M. Kennedy, the court rejected the argument by Coca-Cola Co., producer of Minute Maid brand juices, that Congress intended that the food labeling law preclude false advertising actions.

The court noted that the only explicit preemption in the labeling law applied to certain specific state law claims. The court said that preemption was not the question to be adjudicated. Rather, this was merely a statutory interpretation case.

Under that rubric, the court determined that there was no inherent incompatibility between the labeling law and the false advertising law. Furthermore, the court emphasized the complementary interaction of the two, in terms of their scope, purpose and remedies.

The court also found that barring such false advertising claims would be contrary to congressional intent.  

...

For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily,  CLICK HERE  (accessible to both subscribers and non-subscribers).














'Do You Copy?' Podcast, Episode 63, March 7, 2014

Podcast (stream or download): Ananda and Tony discuss a controversial decision by the Ninth Circuit that finds that an actor has a copyright interest in her performance in a film separate from the overall copyright interest in the film, a decision that looks ripe for further appeal. Tony also lays out a detailed case for why he thinks that the administration seems to have taken over control of the Patent and Trademark Office's policymaking functions. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers).



PTO Examiner Refuses to Register 'Redskins' Trademark (No, Not That One)

On Dec. 29, the PTO  refused to register  the trademark "Redskins Hog Rinds" on the grounds that the term "Redskin" was offensive to Native Americans. The examiner determined that the mark was disparaging, and therefore could not be registered under the Lanham Act, based on both dictionary definitions describing "Redskin" as derogatory and reports on Native American tribes considering the term offensive.


The Ballad of Riverboat Ron and NFL Trademarks

Ron Rivera, head coach of the NFL's Carolina Panthers,  has filed to register as a trademark the nickname "Riverboat Ron," bestowed on him by the media this season.


Unlicensed to Ill - GoldieBlox vs. The Beastie Boys

Blog exclusive:

 

Startup GoldieBlox created a viral sensation in November with  a video of a Rube Goldberg machine  to promote its line of toys designed to spur girls' interest in STEM subjects. The video was originally set to a version of the  Beastie Boys' 1987 song "Girls"  with new lyrics ("girls to build a spaceship/girls to code a new app") playing on the misogyny of the original ("girls to do the dishes/girls to clean up my room"). 


'Blurred Lines' blurs lines between homage and infringement?

Blog exclusive:

 

Robin Thicke and Pharrell Williams'  "Blurred Lines,"  the biggest song of the summer and Grammy nominee for Record of the Year, has been a lightning rod for controversy since its release. Thicke was already under fire for the song's  possibly misogynistic  lyrics, and now Thicke and Williams are being sued for infringement by the estate of soul legend Marvin Gaye because of "Blurred Lines'" similarity to Gaye's hit,  "Got to Give It Up." 










Supreme Court hears arguments on burden shift in patent declaratory judgment actions

Bloomberg BNA full story: Medtronic v. Boston Scientifi








Failure to disclose how algorithm factors are weighted, calculated, leads to invalidity

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision regarding a patent on a way to keep drivers from falling asleep for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).


TTAB did not err in finding ‘probiotic' to be generic in organic fertilizer market

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of an attempt to claim exclusive rights in "probiotic" with respect to organic fertilizer for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).


'Do You Copy?' Podcast, Episode 61, Oct. 18, 2013

Podcast (stream or download):





Motorola Noninfringement of Microsoft Phone Patents Upheld With Menu Design Change

Bloomberg BNA full story:  Tony Dutra covers the Federal Circuit's Oct. 3 ruling on an ITC decision to bar imports of Motorola Blur phones, but the ban would not apply to Motorola's proposed...


Court Declines to Assert Jurisdiction Over Canadian Party Under U.S. Trademark Law

Bloomberg BNA full story:  Anandashankar Mazumdar reports on a subject matter jurisdiction dispute in a trademark case between Trader Joe's and a Canadian grocery that was buying and...


High Court Seeks Gov't Views on Overseas Patent Infringement; Denies Cert in 12 Cases

Bloomberg BNA full story:   Tamlin H. Bason's  recap of the Supreme Court's 12 cert denials and one call for the views of the Solicitor General, capping off its first week after granting cert in...


Stakeholders hopeful open approach bodes well for Goodlatte's copyright reform efforts

 

Bloomberg BNA full story: Tamlin H. Bason's writeup of a Sept. 17 hearing before the House IP subcommittee for the Intellectual Property Law Resource Center (accessible to both subscribers and non-subscribers).



Asian-American rock band's attempt to register 'The Slants' rejected under §2(a)

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the TTAB's rejection of an attempt to register the term "The Slants" as a trademark with the PTO for the Intellectual Property Law Resource Center (available to both subscribers and non-subscribers).





Split Sixth Circuit finds grease pump design functional, rejects $1.2 million trade dress award

 

Bloomberg BNA full story: Tamlin H. Bason's writeup of a ruling that the design of a grease pump was functional and therefore could not be claimed as trade dress for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).


Federal Circuit hears arguments en banc on de novo review of claim construction

 

Bloomberg BNA full story: Tamlin H. Bason's writeup of oral arguments before the U.S. Court of Appeals for the Federal Circuit regarding deference due on issues of claim construction for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

 



Ditch the label, keep the Toad

 Blog exclusive: In this post  I told you about how Def Leppard and other bands have attempted to get out from under the thumbs of their labels by rerecording their own music ... 


'Do You Copy?' Podcast, Episode 60, Aug. 23, 2013

Podcast (stream or download):


Sixth Circuit Reverses Evidentiary Rulings in Dispute Amongst Gospel Composer's Heirs

Bloomberg BNA full story:  Tamlin H. Bason's story on an Aug. 15 Sixth Circuit opinion on the ancient documents exception to the hearsay rule, relevant to copyright interests in a 1928 song,...


Ex-Plaintiff Cannot Use Copyright Law to Bar Remaining Plaintiffs from Using Documents

Bloomberg BNA full story:  Anandashankar Mazumdar's review of an Aug. 20 Second Circuit ruling related to authorizing use of a copyrighted work in the context of a legal proceeding, appearing...


State University Patent Inventorship Dispute Does Not Invoke Supreme Court Jurisdiction

Bloomberg BNA full story:  Tony Dutra's writeup of an Aug. 19 Federal Circuit split decision that a patent inventorship dispute between states -- actually the University of Utah and the...


William Faulkner v. Woody Allen: Copyright Fight

Bloomberg Law Video:


Charge of Copyright Infringement in PTO Prior Art Disclosure Suffers Another Blow

Bloomberg BNA full story:  Tony Dutra's report on the latest development in technical journal publishers' challenges that law firms who file patent applciations are infringing copyrights in...


Italian Jewelry Maker May Pursue Some Claims Against Company Founder's Grandson

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 31 ruling by the Southern District of New York regarding trademark rights in the term "Cantamessa," appearing in BNA's...


President Reverses ITC's Decision That Would Bar Certain Apple iPhone, iPad Importation

Bloomberg BNA full story:  Tony Dutra's review of the White House's decision , in a rare ovrerride of an ITC order, to allow Apple to continue importing iPhones and iPads found to infringe...


2d Circuit Affirms That Comics by Artist Jack Kirby Were Works Made for Hire

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of an Aug. 8 Second Circuit opinion holding that several comic books created by superhero artist Jack Kirby in the late 1950s and...


‘Disorderly' Submission of Glass Sculpture Does Not Necessarily Invalidate Registration

Bloomberg BNA full story:  Anandashankar Mazumdar's analysis of an Aug. 12 Seventh Circuit decision related to copyright registration requirements for sculptural works, appearing in BNA's...


ITC Rules Samsung Phones, Tablet Infringe Apple Patents and Issues Exclusion Order

Bloomberg BNA full story:  Tony Dutra's writeup of Apple's Aug. 9 victory at the International Trade Commission that would ban certain smartphones and tablets made by Samsung, appearing in...


Whether Mounting Covers on Plaques Is Fair Use Not Resolved at Summary Judgment

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 24 District of Maryland decision on fair use in taking covers of certain issues of a magazine and mounting them on...


Ninth Circuit Affirms Award of Preliminary Injunction in ‘Rena' Versus ‘ARëna' Case

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 24 Ninth Circuit opinion addressing trademark infringement versus free speech rights, appearing in BNA's Patent,...


Senate Committee Hears Opposing Views on Need for Standard-Essential Patent Curb

Bloomberg BNA full story:  Tony Dutra's writeup of a hearing in the Senate Judiciary subcommittee on antitrust matters whether consumers suffer when companies holding "standard-essential...


House Bill Reintroduced to Make Permanent Amortization Tax Rule for Creating Music

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the introduction into Congress of the Songwriters Tax Simplification Reauthorization Act ( H.R. 2731 ) on amortization of expenses...


Use of Competitor's Mark in Google AdWords Does Not Create Initial Interest Confusion

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of a July 16 decision by the Tenth Circuit that the purchase of a competitor's service mark as a keyword trigger for Google's...


Inadequate 2000 Patent Application Support in 2009 Claim Against DuPont Corn Ethanol

Bloomberg BNA full story:  Tony Dutra's writeup of a July 22 Federal Circuit decision furthering its Arial  standards on what it takes to have on "possession" of an invention when a patent...


Hearing Questions Whether Pay-for-Delay Legislation Needed After Actavis Ruling

Tony Dutra's writeup of a Senate Judiciary Committee hearing on whether Congress needs to go further in stopping pay-for-delay drug patent litigation settlements than the Supreme Court did in ...


Royalties End When Patent Expires Though Noninfringement Judgment Led to Agreement

Tony Dutra's writeup of the Ninth Circuit's decision that "patent leverage" can still drive a licensing deal after a noninfringement finding, such that the deal ends when the patent expires,...


Trade Secret Disclosure Is Contract Breach by Government and Belongs in Claims Court

Bloomberg BNA full story:  Tony Dutra's writeup of a Federal Circuit decision tiptoeing between two federal statutes on when a private contractor can sue the government, appearing in BNA's...


Networks Denied En Banc Review of Aereo; Chin Dissent: Cablevision ‘Wrongly Decided'

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the continuing plaint of Judge Denny Chin that the Cablevision  was wrongly decided, this time in his dissent to the Second Circuit's...


No Preemption Where Misappropriation Claims Extend Beyond Copyrighted Software

Bloomberg BNA full story:  Tamlin H. Bason's writeup of a ruling by the Northern District of Texas on trade secret misappropriation and copyright infringement claims related to software,...


Section 602 of Copyright Act Does Not Set Cause of Action Separate From Infringement

Anandashankar Mazumdar's writeup of a decision by the Southern District of New York on copyright infringement by importation or exportation, appearing in BNA's Patent, Trademark & Copyright...


Supreme Court Issued Six IP Opinions Last Term With Next Term Promising More

Tony Dutra's review of the Supreme Court's handling of 67 cert petitions in its recently ended term, appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers...


'Do You Copy?' Podcast, Episode 59, July 5, 2013

Podcast (stream or download):

On this holiday-week podcast, Ananda and Tony discuss the latest development in the now 7-year-old Google Book Search case as well as the Eleventh Circuit's exercise of jurisdiction over a patent case in MDS v. Rad Source. (Podcast is also available for free subscriptions and downloads at Apple's iTunes Store.)


House Bill Would Exempt PTO From Cuts Forced by Sequestration

Bloomberg BNA full story:  Tony Dutra's writeup of a bill introduced in Congress by Silicon Valley-based members of the House that would exempt the Patent and Trademark Office from the...


11th Circuit Rejects Request to Transfer ‘Fact-Bound Question of Patent Infringement'

Bloomberg BNA full story:  Tony Dutra's writeup of the 11th Circuit's refusal to transfer a case involving patent claim construction and infringement analysis to the Federal Circuit,...


Google Book Search's Fair Use Defense Must Be Considered Prior to Class Status

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of the latest development in the Google Book Search case , as the Second Circuit pushed the fair use question ahead of the class...


'Do You Copy?' Podcast, Episode 58, June 28, 2013

Podcast (stream or download):

Ananda and Tony make their triumphant return with a rundown of all the big IP law news that has been raining down over the last several weeks, including Supreme Court decisions in Myriad and Actavis . Myriad represents at least a partial victory for those objecting to patenting of human genes. Actavis offers an opportunity to subject reverse-payment deals to antitrust law. Also on the agenda are rulings on petitions for certiorari in Intercollegiate Broadcasting , Lexmark , and Medtronic , the first of which ends a dispute over the appointment of the judges of the Copyright Royalty Board. The new Patent Trial and Appeal Board issues its very first decision, in SAP America . The software patent action before the Federal Circuit in Ultramercial v. Hulu  creates less of a stir than might be hoped and Monsanto wins another victory against farmers. Finally, the president himself gets in on the anti-patent troll conversation., including Supreme...


‘No More RINOs!' Is a Political Slogan, Fails to Function as a Mark, TTAB Says

Bloomberg BNA full story:   Natasha Dhillon's writeup of the TTAB's decision on the attempt by Thomas J. Hulting d/b/a/ No More RINOs! Enterprises, to register the mark on clothing and posters,...


High Court's End of Term Actions on IP Cert Petitions: Akamai CVSG, Pay-for-Delay GVR

Tony Dutra's writeup of the Supreme Court's last set of orders in the current term related to petitions for writ of certiorari in patent cases, appearing in BNA's Patent, Trademark & Copyright...


First Circuit Rejects Tenenbaum's Due Process Challenge; Upholds $675K Award

Tamlin H. Bason's writeup of the latest development in Joel Tenenbaum's copyright fight related to peer-to-peer file-sharing of musical recordings, appearing in BNA's Patent, Trademark &...


Contributory Liability Claim Against Amazon Based on Third-Party Photo Sales Survives

Bloomberg BNA full story:  David McAuley, who writes for BNA's E-Commerce Law Report, contributed this piece  on a June 11 ruling  by the Eastern District of Michigan that allowed a copyright...


Supreme Court Says Reverse Payment Deals May Be Anticompetitive; Reverses 11th Cir.

Bloomberg BNA full story:   Tony Dutra's writeup  of the Supreme Court's 5-3 decision June 17 that drug firms' pay-for-delay deals may violate antitrust laws, appearing in BNA's Patent,...


Fed. Cir. Faults TTAB for Misapplying Issue Preclusion Factors in Levi, Abercrombie Case

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the Federal Circuit's June 18 ruling  on the preclusive effect of a Trademark Trial and Appeal Board decision, appearing in BNA's...


ITC Cannot Terminate for Arbitration When Respondent Argument Is ‘Wholly Groundless'

Bloomberg BNA full story:   Tony Dutra's writeup of a 2-1 June 7 Federal Circuit decision  on its jurisdiction over appeals from the International Trade Commission, appearing in BNA's Patent,...


Trademark Infringement Suit Against Former Licensee of Dietary Supplements Proceeds

Bloomberg BNA full story:  Tamlin H. Bason's writeup  of the Central District of California's May 30 ruling  in a case involving counterfeit supplements sold in Iran, appearing in BNA's Patent,...


Honda Secures a Dismissal Of A Ferrofluid Artist's Copyright Claims

Bloomberg BNA full story:  Tamlin H. Bason's writeup of the May 31 ruling  by the Central District of California favoring Honda in a copyright infringement complaint, appearing in BNA's...


Second Circuit Reinstates Trademark Claim Against Oprah Over ‘Own Your Power' Mark

Amy E. Bivins, who writes for BNA's E-Commerce Law Report, wrote this story on the Second Circuit's May 31 reversal  of a summary judgment that had favored Oprah Winfrey in a trademark dispute,...


Obama Joins Campaign Against Patent Trolls; Directs PTO Rulemaking, Suggests Legislation

Bloomberg BNA full story:  Tony Dutra's writeup  of a " fact sheet " published by the White House identifying 5 executive actions and 7 suggestions for patent reform legislation on the general...


Supreme Court: Supreme Court Grants Cert on Question of Standing in False Advertising Claims

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup  of the Supreme Court's June 3 cert grant in Lexmark International Inc. v. Static Control Components Inc. , appearing in BNA's...


Intellectual Ventures: Sells patent but keeps the proceeds

Blog exclusive: Our journal has been closely following legislative efforts to take action against patent trolls. My colleague Tony Dutra has written about several of the bills circulating in...


Newest Anti-Troll Bill in Senate Directed At Specific Abusive Patent Litigation Actions

Bloomberg BNA full story:  Tony Dutra's writeup of S. 1013 - the Patent Abuse Reduction Act - introduced by Sen. John Cornyn (R-Texas) and intended to address specific actions typical of...


Goodlatte and Leahy Begin Patent Reform Round Two With Legislation Discussion Draft

Bloomberg BNA full story:  Tony Dutra's writeup of a discussion draft of a bill best labeled "Patent Reform Round Two," appearing in BNA's Patent, Trademark & Copyright Law Daily...


High Court Lets Stand D.C. Circuit Court's Fix Of Copyright Royalty Board Appointments Statute

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup  of the Supreme Court's cert denial on the question of whether members of the Copyright Royalty Board were appointed...


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...


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 &...


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...


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,...


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...


'Do You Copy?' Podcast, Episode 57, May 17, 2013

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.


From the archives of 'Do You Copy': The copyright episode(1)

Podcast (stream or download):

No new podcast this week, so listeners aching for a fix might try to give another listen to Episode 21, a timeless discussion of the underpinning intent and logic of copyright law.


'On the Media' interviews researcher trying to make end run around Myriad

 

 

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.

 


'Do You Copy?' Podcast, Episode 56, 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.


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 ...


'Do You Copy?' Podcast, Episode 55, April 26, 2013

Podcast (stream or download):

Myriad


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...


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 &...


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...


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...


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,...


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...


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...


College sports and publicity rights issue hits the big time

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...


'Do You Copy?' Podcast, Episode 54, 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.


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...


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 ...


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...


'Do You Copy?' Podcast, Episode 53, 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.

 


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...


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,...


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...


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...


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...


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...


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...


'Do You Copy?' Podcast, Episode 52, March 15, 2013

Podcast (stream or download):  

Announcement: "Do You Copy?": Bloomberg BNA's Intellectual Property Law Podcast is now available for free at the iTunes Store. Do a search for "BNA" podcasts and subscribe to the "INTELLECTUAL PROPERTY" podcast. You can also find it through this URL:  https://itunes.apple.com/us/podcast/intellectual-property/id625225058?mt=2    

On this week's podcast, Ananda and Tony marvel at Congress's sudden interest in intellectual property issues. They discuss the introduction of the Shield Act, which is intended to address the patent troll problem. They also discuss the political furore over cellphone unlocking.

 


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,...


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...


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...


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...


Comedy takes a position on the Shield Act

Blog exclusive: I'm a moderate comedy buff and over the last couple of years, I've become a big fan of Marc Maron's "WTF With Marc Maron" podcast . Imagine my surprise when switched on Maron's...


From Tyson to Towers: Five Unusual Copyright Tales and What They Tell Us

Copyright is serious business. More than a few times, however, it has been invoked in curious circumstances that sometimes entertain us and occasionally leave us scratching our heads. The following...


'Do You Copy?' Podcast, Episode 51, 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.

 


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...


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...


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...


Future-proof

Blog exclusive:


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...


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,...


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...


'Do You Copy?' Podcast, Episode 50, Feb. 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.

 


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...


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,...


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...


Do You Think You Fit's Injunction Against Fit U Fits TM Jurisprudence?

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 ...


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...


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...


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,...


Be careful when you color my world, Petula

Blog exclusive: My favorite band recently came to town. All the members of this band wear a distinctive canary yellow suit...


Not All Software Is Equally Patent Eligible

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...


'Do You Copy?' Podcast, Episode 49, Feb. 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.

 


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...


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...


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...


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...


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...


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...


What Did We Learn From Already v. Nike?

Blog Exclusive:


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,...


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...


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...


Aereo plans world domination (or a few new locations) while waiting for Second Circuit

Blog exclusive: My last post lays out the two sides of the Aereo controversy. On one side, you have the television industry...

 


'Do You Copy?' Podcast, Episode 48, Jan. 11, 2014

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.

 


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...


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....


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...


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...


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...


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 ...


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...


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...


‘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...


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...


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...


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....


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...


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...


'Do You Copy?' Podcast, Episode 47, Dec. 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.

 


I stream, you stream...

Blog exclusive: Practising Law Institute's "Communications Law in the Digital Age 2012" program in New York opened my eyes to the disparate views...


'Do You Copy?' Podcast, Episode 46, Dec. 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. ...


Are Human Genes Patentable?

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...


'Do You Copy?' Podcast, Episode 45, November 30, 2012

Podcast (stream or download):

In Episode 45 of the "Do You Copy?" Podcast, Ananda caters to Tony's obsession with football with a discussion on the latest efforts of a Baltimore security guard and amateur artist to get compensation for the unauthorized use of his design as a logo by the Baltimore Ravens. And Tony talks about the impending departure of David Kappos from the directorship of the PTO and his difference of opinion with the patent community as to what has made him a successful director.

 


Issa seems eager to lead on copyright issues

Blog exclusive:




First annual Turkey Award in patent law

Blog exclusive: Thanksgiving is in two days, so here's my first annual Turkey Award for patent law. And it goes to … the America Invents Act. The AIA wins because the effects of provisions that...


'Do You Copy?' Podcast, Episode 44, Nov. 16, 2012

Podcast (stream or download):  In this week's podcast, Tony rants about the high fees for the new inter partes review system at the PTO. And he suspects that there were some hidden reasons for doubling the number of administrative patent judges when setting up the new Patent Trial and Appeal Board. Ananda and Tony also discuss changes on the Federal Circuit bench and whether that might have any impact on the court's jurisprudential balance.

 




Copyright holders appeal mass-digitization decision

Bloomberg BNA full story: writeup HathiTrust


'Do You Copy?' Podcast, Episode 43, Nov. 9, 2012

Podcast (stream or download): Kirtsaeng





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... 





'Do You Copy?' Podcast, Episode 42, Oct. 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.

 





'Do You Copy?' Podcast, Episode 41, Oct. 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.

 


Copywrong

Blog exclusive:



CLS v. Alice en banc: Finally resolving post-Bilski mess?

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...



Motorola must offer Microsoft license to standard essential patents at court rate

Bloomberg BNA full story:

Tony Dutra's writeup of a decision setting limits on licensing fees for patents used in industry standards for ... 



'Do You Copy?' Podcast, Episode 40, Oct. 12, 2012

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.

 



'JPK Paris 75' mark with no connection to Paris is geographically misdescriptive

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... 


Publishers association, Google announce settlement of long-running digitization case

Bloomberg BNA full story:

Anandashankar Mazumdar's writeup of a break in the long-running Google Books dispute for... 


'Do You Copy?' Podcast, Episode 39, Oct. 5, 2012

Podcast (stream or download):

Ananda and Tony chat about a victim of the statutory numbering problem that came up in Episode 38 . Moving on to X-box news, the next topic is Motorola's efforts to set a royalty rate for use of patents incorporated into an industry standard. And then peculiar wording in an Indiana statute requires a court to decide that selling a toy gun is, under the state's counterfeiting law, "uttering a writing."

 


Patent and Trademark Office: AIA patent challenges at PTO get slow start after reexamination filing ‘bubble'

Bloomberg BNA full story:

Tony Dutra's writeup of filings under the new patent reexamination process for... 


Only photos, narrative info in real estate data likely to be protected under copyright

Bloomberg BNA full story:

Anandashankar Mazumdar's writeup of a decision limiting the copyrightability of information in real estate listings for... 


Lipstick marks used in vodka trade dress not sufficiently similar to create confusion

Bloomberg BNA full story:

Anandashankar Mazumdar's writeup of a decision permitting two vodka companies to use lipstick marks in their trade dress for... 


'Do You Copy?' Podcast, Episode 38, Sept. 28, 2012

Podcast (stream or download): In this week's podcast, Ananda and Tony discuss developments in trademark, false advertising, and patent law. Ananda talks about the only IP legislation we're...


He-who-must-not-be-named

Blog exclusive: One person's understanding of a word or expression can be vastly different from another's reading of the same thing, and if you're ignorant of such differences it can get you into trouble. For example...


ACLU files cert petition in Myriad case asking ‘are human genes patentable?'

Bloomberg BNA full story:

Tony Dutra's writeup of a petition asking the U.S. Supreme Court to review the Myriad decision for... 


3Taps fires back at Craigslist, alleges antitrust violations, copyright misuse

Bloomberg BNA full story:

Tamlin H. Bason's writeup of a copyright misuse ruling against Craigslist for... 


Wyden, Chaffetz introduce bills for reducing royalty rates paid by online radio services

Bloomberg BNA full story:

Anandashankar Mazumdar's writeup of the introduction of bills on royalty rates for online radio services for... 


Prior to going on recess Senate approves bill to implement patent treaties

Bloomberg BNA full story:

Tamlin H. Bason's writeup of the U.S. Senate's approval of legislation implementing two patent treaties for...


Knights of Malta trademark battle: no small claim

Blog exclusive: I went to small claims court once. The case prior to mine was brought by a woman claiming harm from a hairdo that didn't come out the way she had hoped. The trial was postponed...


'Do You Copy?' Podcast, Episode 37, Sept. 21, 2012

Podcast (stream or download):

In this week's podcast, Ananda and Tony discuss a grab-bag of issues, including a potentially problematic implementation of the first-inventor-to-file standard by the Patent and Trademark Office, a series of personality rights decisions involving Humphrey Bogart, Marilyn Monroe, and Chuck Yeager, a decision in the red-soled-shoe trademark case, and a resolution of a court's demand that parties reveal financial relationships with bloggers...

 



Trademark, false advertising battle between Order of Malta factions goes back to district

Bloomberg BNA full story:

Tony Dutra's writeup of an 11th Circuit decision rebuking a federal district court for criticizing the parties for... 



Winner, losers, and fashion designers: Louboutin's red shoes

Blog exlusive:  Contrary to popular opinion, the Second Circuit's recent decision may in fact validate Christian Louboutin's decision to bring its lawsuit against a competitor. For now, at least. ...


Senate introduces fashion design protection bill with notice requirement, web exemption

Bloomberg BNA full story:

Tony Dutra's writeup of a new bill proposing fashion design protection for... 




'Do You Copy?' Podcast, Episode 36, Sept. 6, 2012

Podcast (stream or download): This week's podcast features two patent stories. The first is the explosive verdict in the Apple v. Samsung trial, which has had the mainstream media buzzing with its judgment that Samsung infringed the iPhone design patents. The second story is what Tony thinks is an unjustifiably neglected story: The Federal Circuit's shocking decisions on joint liability.



Federal Circuit changes inducement law: The flip side of patent eligibility?

Blog exclusive: It was the Friday before Labor Day and the patent community had been inundated all week with articles about how the jury in the Apple v. Samsung case reached its verdict. It was...


From the archives of 'Do You Copy': The copyright episode

Podcast (stream or download):

Tony and Ananda are taking an enforced holiday from the podcast this week (Tony is serving the public on jury duty), so listeners aching for a fix might try to give another listen to Episode 21, a timeless discussion of the underpinning intent and logic of copyright law. Enjoy and come back next week for updates on the latest in IP law, including commentary about the stunning jury verdict in the Apple v. Samsung trial...

 


Def Leppard 'wrestles' songs back from label

Blog exclusive:




'Do You Copy?' Podcast, Episode 35, August 24, 2012

Podcast (stream or download):  In this week's podcast, Tony expresses significant frustration regarding the Federal Circuit's failure to apply the Supreme Court's Mayo decision in any meaningful way when considering Myriad on remand. ... But before getting to that topic, Ananda and Tony disagree regarding the implications of a federal district court judge's insistence that Oracle and Google reveal which bloggers might be receiving payola ... Ananda also tells Tony the story of a local TV news reporter who uses copyright law to get back at Hustler magazine for publishing a nude photograph of her...

 


It's trademark storytime

Blog exclusive: Trademarks are protected when they indicate the source of the product or service. But when marks instead indicate the product or service itself, they become “genericized.” In the United...



Myriad reconsidered: Did a tree fall?

Blog exclusive: If a tree falls in the forest and no one is around to hear it does it make a sound? That’s a question in philosophy that can be traced back to 1710. I have a corollary: If a tree purportedly falls...



'Do You Copy?' Podcast, Episode 34, August 17, 2012

Podcast (stream or download):


Respect for the ink: Few dispute tattoos

Blog exclusive:


Lack of secondary meaning dooms color-based trade dress infringement claim

Bloomberg BNA full story:  Tamlin H. Bason's writeup of a trampoline maker's failure to assert trade dress rights in a red-and-black color scheme for...

 



Even the good reporters are misusing the term 'copyright'!

Blog exclusive: On the Media


'Do You Copy?' Podcast, Episode 33, Aug. 10, 2012

Podcast (stream or download): Akamai


The undercurrent of evidence wars in Apple v. Samsung: the rise of design patents

Back in May, I wrote on this blog that the Apple v. Samsung  case featured one fascinating development - the potential to get an injunction via design  patent infringement that was...



No sausage rings in the shape of the Olympics symbol? Steady on, there!

Blog exclusive: That's right. A butcher in Dorset (a county in southwest England) was forced to remove said "offending" rings...



'Do You Copy?' Podcast, Episode 32, Aug. 3, 2012

Podcast (stream or download):

On this week's episode of "Do You Copy?," Ananda and Tony delve into an intersection of patents and copyrights, and explore the question of whether a publisher has a claim against patent applicants who make unauthorized copies of scientific articles in order to support their patent applications. And they also talk about a bit of trademark legislation that might reveal the importance of numbering in statutory law.

 


Megaupload's bid for dismssal a goldmine for procedure enthusiasts

Blog exclusive: The lack of relevant case law coupled with the high profile nature of the case complicate a distrct judge's task as he prepares to rule on Megaupload's motion to dismiss for lack of jurisdiction...


Lawsuit challenging use of articles in patent filings will move forward

Bloomberg BNA full story:

Tony Dutra's writeup on the latest in an effort by copyright holders to claim infringement by those using scientific articles in submissions to the Patent and Trademark Office for... 




'Do You Copy?' Podcast, Episode 31, July 27, 2012

Podcast (stream or download): Myriad


WIPO members agree to advance treaties for broadcasting organizations, visually impaired

Bloomberg BNA full story:  Geneva correspondent Daniel Pruzin's writeup of WIPO's progress on negotiations over treaties on broadcasting and copyright exceptions for... 


More on the Canadian copyright battles

Blog exclusive:




Myriad oral argument redux: Were any votes changed?

Blog exclusive: It was déjà vu all over again, even though it wasn't. The same Federal Circuit panel heard oral arguments in the controversial Myriad  case for the second time, but the discussion was supposed...



'Do You Copy?' Podcast, Episode 30, July 20, 2012

Podcast (stream or download):

In Episode 30 of the "Do You Copy?" Podcast, Ananda and Tony discuss a decision that finds the Copyright Royalty Board unconstitutional under the Appointments Clause and the decision in New York federal court that finds no infringement on the part of Aereo's video distribution service. 


Life isn't fair, but dealing can be

Blog exclusive: The Supreme Court of Canada has determined that photocopies of excerpts from textbooks, made by teachers for the use of their students, is "fair dealing" ...




It’s still good advice to 'play nice'

Blog exclusive: I once read of a study showing that one of the major reasons why physicians are sued for malpractice is because when a doctor is confronted with a complaint from a patient, he or she usually doesn't accept responsibility for a mistake and then fully apologize to the patient for having made it (an example of "not playing nice")...



'Do You Copy?' Podcast, Episode 29, July 16, 2012

Podcast (stream or download):  In Episode 29 of "Do You Copy?," Ananda and Tony discuss Siniouguine v. Mediachase , which has some potentially interesting implications for employers who want to ensure that they own the copyright interest to their employees' work product. Tony's direct experience in the software industry leads him to take the side of both software development company and software programmer. Also on the agenda is another disagreement on the Federal Circuit over the meaning of Mayo v. Prometheus in a case that might represent an attempt to "cabin" the Supreme Court's landmark ruling...

 



Are SOPA opponents crying wolf over Attaché Act?

Blog exclusive: As of July 12, the Intellectual Property Attaché Act had not yet been formally introduced, and yet a long list of SOPA opponents had already sounded the alarm. Here is a sampling of some of the articles that went online Tuesday . Unfortunately for them, they all got it (at last partially) wrong...


Vacating of summary judgment means continued tussle over ‘Rearden' marks

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup of the Ninth Circuit's vacating of summary judgment in a trademark tussle between companies named after an Ayn Rand character for...

 



'Do You Copy?' Podcast, Episode 28, July 9, 2012

Podcast (stream or download):

Things have been hot in old D.C. with a heatwave and a storm that knocked out power for more than a million people. But Ananda and Tony finally did manage to get into the air-conditioned studios at the Bell Street headquarters...

 


Thomas Jefferson's patent law balance: Happy Independence Day

Blog exclusive: It was Independence Day yesterday, and my mind turned to the Declaration of Independence and its writer, Thomas Jefferson.  The Declaration introduced a dichotomy that American political...



'Do You Copy?' Podcast, Episode 27, June 28, 2012

Podcast (stream or download):  Episode 27 of the "Do You Copy?" Podcast is coming a few days late because of unavoidable circumstances. (Episodes 28 and 29 will also likely be shifted due to the upcoming holiday.) However, tune in and listen to Ananda and Tony discuss...

 


He let the world know about some infringement and now he's getting sued for raising $200K for charity. Wait, what?

Blog excusive: When a putative plaintiff tests the limits of copyright protection for original internet content, it helps to develop this constantly changing area of law, so we can be more informed when new disputes arise. But when a plaintiff tries to get the law on his side using finger-pointing and other schoolyard gestures... 



Standup comedy and the rise of an informal intellectual property regime

Blog exclusive: The "no stealing jokes" rule in the standup comedy industry is an illustration of an intellectual property regime arising to protect creativity in the absence of a formal legal regime...


Apple learns that proof of damages is now a key element of litigation

Blog exclusive: What happens when all your damages experts are disqualified? You might still have a case for patent validity and infringement. But the judge dismisses the case because you cannot...



Appearance of knockoff Louis Vuitton bag in 'Hangover Part II' not subject to claims

Bloomberg BNA full story:  Anandashankar Mazumdar's writeup on Louis Vuitton's failure to sustain a claim based on the appearance of a knockoff bag in The Hangover Part II for...

 


SOPA supporters: Still not nerds!

Blog exclusive plus Bloomberg BNA full story: Rep. Melvin L. Watt (D-N.C.) received a good bit of flak for his statements about nerds during the two-day House Judiciary Committee markup of the Stop Online Piracy Act in...


Prince v. Cariou: Are the works transformative?

Blog exclusive: We're all waiting for the court's ruling in Prince v. Cariou , which pits an ethnographic photographer against an appropriation artist. Our own Tamlin H. Bason attended the oral arguments in New York in May . On Saturday, The New York Times ran an opinion piece by Michael Rips ...

 


'Do You Copy?' Podcast, Episode 26, June 18, 2012

Podcast (stream or download):  In Episode 26 of the "Do You Copy?" Podcast, Ananda and Tony have small updates on the Google Book Search case and the missing-and-presumed-dead SOPA and PIPA legislation. Tony also talks about Apple's failure...

 


I put it there but it ain't mine: RSS feeds

Blog exclusive: - -


Wyden, Issa warn of future SOPAs and performance rights return to the table

Bloomberg BNA full stories:

Tamlin H. Bason's writeup of an event at the 2012 Personal Democracy Forum for... Mahira Khan's writeup of a House subcommittee hearing on public performance rights for... 


Dish against the networks: Waitaminit, what?

Blog exclusive: The Business Los Angeles Times


'Do You Copy?' Podcast, Episode 25, June 11, 2012

Podcast (stream or download):  It's all about Google on this edition of "Do You Copy?," as Ananda and Tony update battles that the internet giant is waging against Oracle and...

 


SHHHH! It's a secret!

Blog exclusive:  Did you know that some patent applications are kept secret? That was, frankly, a secret to me until I walked past the closed-circuit TV and saw a BloombergBusinessweek story on secret patents recently. But I have an excuse for my ignorance of such things: the Invention Secrecy Act was passed in 1951, which was before my time.

During WWI, which was way, way before my time...


Oracle loses to Google again; Google Book Search litigation gets new start

Bloomberg BNA full stories: writeup Java software against Google and Android-based mobile phones for... writeup


We pay $100 a year for ESPN, even those of us who don't watch it

Blog exclusive:  Every five years or so, we find ourselves reporting on another struggle over legislation to renew the statutory licenses that allow satellite television services to rebroadcast local and network signals without having to negotiate for licensing...

 


'Do You Copy?' Podcast, Episode 24, June 4, 2012

Podcast (stream or download):  In this edition of "Do You Copy?," Ananda reports on the striking down of California's Resale Royalties statute and Tony goes on a rant about arguments that content owners use against services whose technological processes involve the creation of...

 


Myriad tries to circumvent patent eligibility decision by reviving standing challenge

Bloomberg BNA full story:  Tony Dutra's writeup on Myriad's latest attempt to get a challenge to DNA patenting dismissed for lack of standing for...  

 



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...

 


'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...

 




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...

 



Getting through the Georgia State decision: The bottom line

Blog exclusive plus Bloomberg BNA full story:


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

Podcast (stream or download):



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

Blog exclusive plus Bloomberg BNA full story:



'Do You Copy?' Podcast, Episode 21, May 14, 2012

Podcast (stream or download):





'Do You Copy?' Podcast, Episode 20, May 7, 2012

Podcast (stream or download):






'Do You Copy?' Podcast, Episode 19, April 30, 2012

Podcast (stream or download):  

In episode 19 of the "Do You Copy?" podcast, Ananda chats with Tony about two patent issues. The first is the Supreme Court's unanimous decision in Kappos v. Hyatt , which rejects the Federal...

 











Caraco v. Novo Nordisk Supreme Court decision April 17

Blog exclusive plus Bloomberg BNA full story:



Supreme Court grants certiorari in Kirtsaeng: Here's hoping for a decision this time

Blog exclusive plus Bloomberg BNA full story:




PTO fee-setting: First draft stuns

Blog exclusive plus Bloomberg BNA full story:




Smartgene DC District Court decision March 30

Blog exclusive:




Copyright Office report urges Congress to federalize rights in pre-1972 recordings

Bloomberg BNA full story:

Anandashankar Mazumdar's writeup on a report by the Copyright Office on the status of pre-1972 sound recordings for...

 


Copyright implications of mass book digitization

Podcast (Bloomberg Law via YouTube):  Ananda talks with Bloomberg's Josh Block about mass digitization and...

 


Supreme Court to hear generic drug appeal

Podcast (Bloomberg Law via YouTube):  Tony Dutra talks with Bloomberg Law's Josh Block about the upcoming oral...

 


From the archives: 'Do You Copy?' Podcast, Episode 2, October 12, 2011

Podcast (stream or download):   From the archives:  Ananda recaps the Golan oral arguments and Tony talks about the problems faced by non-practicing entities seeking redress before the International Trade Commission.

 


From the archives: 'Do You Copy?' Podcast, Episode 1, October 3, 2011

Podcast (stream or download): From the archives:


The music industry's views on the internet, digitization, and copyright policy

Video (C-Span):  Rebecca joins Peter Slen  on C-span's The Communicators to talk with Universal Music 's David Renzer about...

 



European Union's handling of copyright issues

Video (C-Span): Anandashankar Mazumdar joins Pedro Echevarria on C-Span's The Communicators to discuss the European Union's approach to intellectual property issues with Luc Pierre Devigne....