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.
October 2, 2013
by Tamlin H. Bason
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).
by Tony Dutra
Bloomberg BNA full story: Tony Dutra's writeup on the FTC's request for comments on patent trolls for the Intellectual Property Resource Center (available to both subscribers and non-subscribers).
by Anandashankar Mazumdar
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).
September 25, 2013
Bloomberg BNA full story: Tamlin H. Bason's writeup of the confirmation of Todd Hughes to join the Federal Circuit bench for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)
September 24, 2013
Bloomberg BNA full story: Tony Dutra's writeup of the release of a second discussion draft of legislation purporting to address abusive patent litigation for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)
September 23, 2013
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of Vimeo's partial success in asserting safe harbor protection with respect to user-supplied content for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)
September 17, 2013
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).
September 16, 2013
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).
September 13, 2013
Bloomberg BNA full story: Tony Dutra's writeup of the announcement that the PTO's acting director plans to step down in the near future for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).
August 27, 2013
by Rebecca E. Hoffman
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 ...
August 23, 2013
Podcast (stream or download): Tony has an update on the war between Apple and Samsung (and Apple and Motorola) which has gotten so hot that the White House has stepped in to blow a whistle. And then Tony gets to talk sports again, as decisions are issued in cases involving the use of athletes' images, likenesses, and identities in video games. Ananda gets to talk about movies and literature, and a Mississippi judge's ruling in a battle between Woody Allen and (the estate of) William Faulkner. Also, cellphone unlocking legislation makes headway, but not without complaints. Finally, publishers of technical works suffer significant losses in their attempt to hold liable for infringement lawyers who copy scholarly articles to include with patent applications. (Free downloads and subscriptions available at Apple's iTunes Store.)
August 22, 2013
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,...
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...
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...
August 19, 2013
Bloomberg Law Video: Bloomberg Law's Josh Block interviewed Ananda about the William Faulkner/Woody Allen decision and created an entertaining and informative video about the case. (YouTube video)
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...
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...
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...
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...
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...
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...
August 4, 2013
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...
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,...
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...
July 25, 2013
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...
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...
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...
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 ...
July 18, 2013
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,...
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...
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...
July 11, 2013
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,...
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...
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...
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.)
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...
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,...
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...
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...
June 27, 2013
by Bloomberg BNA Staff
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,...
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...
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 &...
June 20, 2013
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...
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,...
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...
June 19, 2013
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,...
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,...
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...
June 10, 2013
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,...
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...
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...
June 4, 2013
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...
May 30, 2013
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...
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...
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...
May 20, 2013
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...
by Bloomberg BNA correspondent
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...
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 &...
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
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 10, 2013
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.
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 30, 2013
by Guest Contributor
Bloomberg BNA full story: An outside author contribution (accessible to both subscribers and non-subscribers) to BNA's Patent, Trademark & Copyright Law Journal by Peter M. Brody and ...
April 26, 2013
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...
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.
Stakeholders hopeful open approach bodes well for Goodlatte's copyright reform efforts
Asian-American rock band's attempt to register 'The Slants' rejected under §2(a)
Goodlatte's second draft on anti-troll legislation drops, adapts provisions
Todd Hughes to Join Federal Circuit following Senate's 98-0 confirmation vote
FTC seeks comments on questions to ask patent assertion entities under 6(b) authority