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October 2, 2013

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).

October 2, 2013

FTC seeks comments on questions to ask patent assertion entities under 6(b) authority

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).

October 2, 2013

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).

September 25, 2013

Todd Hughes to Join Federal Circuit following Senate's 98-0 confirmation vote

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

Goodlatte's second draft on anti-troll legislation drops, adapts provisions

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

Vimeo wins summary judgment with respect to some user videos with infringing content

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

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).

September 16, 2013

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).  

September 13, 2013

Acting PTO Director Teresa Stanek Rea announces she is stepping down soon

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

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 ... 

August 23, 2013

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

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,...

August 22, 2013

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...

August 22, 2013

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...

August 19, 2013

William Faulkner v. Woody Allen: Copyright Fight

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)

August 19, 2013

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...

August 19, 2013

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...

August 19, 2013

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...

August 19, 2013

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...

August 19, 2013

‘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...

August 19, 2013

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...

August 4, 2013

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...

August 4, 2013

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,...

August 4, 2013

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...

July 25, 2013

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...

July 25, 2013

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...

July 25, 2013

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...

July 25, 2013

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 ...

July 18, 2013

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,...

July 18, 2013

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...

July 18, 2013

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...

July 11, 2013

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,...

July 11, 2013

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...

July 11, 2013

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...

July 5, 2013

'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.)

July 5, 2013

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...

July 5, 2013

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,...

July 5, 2013

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...

June 28, 2013

'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...

June 27, 2013

‘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,...

June 27, 2013

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...

June 27, 2013

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 &...

June 20, 2013

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...

June 20, 2013

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,...

June 20, 2013

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...

June 19, 2013

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,...

June 19, 2013

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,...

June 19, 2013

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...

June 10, 2013

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,...

June 10, 2013

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...

June 10, 2013

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...

June 4, 2013

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...

May 30, 2013

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...

May 30, 2013

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...

May 30, 2013

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...

May 20, 2013

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

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

May 20, 2013

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

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

May 20, 2013

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

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

May 20, 2013

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

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

May 20, 2013

Unanimous Supreme Court Says No Patent Exhaustion for Monsanto Roundup Seeds

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

May 17, 2013

'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.

May 10, 2013

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.

May 9, 2013

'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.  

May 3, 2013

'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.

April 30, 2013

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

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

April 26, 2013

'Do You Copy?' Podcast, Episode 55, 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.

April 26, 2013

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

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

April 26, 2013

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

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

April 26, 2013

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

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

April 26, 2013

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

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

April 22, 2013

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

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

April 22, 2013

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

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

April 22, 2013

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

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

April 16, 2013

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...

April 12, 2013

'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.