The Bloomberg BNA Intellectual Property Blog is the home of the "Do You Copy?" podcast and offers links to selected articles by the BNA IP team, which is accessible to both subscribers and non-subscribers as well as commentary and analysis exclusive to this blog.
May 3, 2013
by Anandashankar Mazumdar
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.
by Tamlin H. Bason
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 &...
by Tony Dutra
Bloomberg BNA full story: Tony Dutra's writeup of 2-1 Federal Circuit decision advising litigators that you'd better file a contingent cross-appeal if you lost on any ground at the lower...
by Bloomberg BNA Staff
Bloomberg BNA full story: A contribution by John T. Aquino, who writes for Bloomberg BNA's Life Sciences Law and Industry and Medical Research Law and Policy Report on a post- Myriad oral...
April 22, 2013
Bloomberg BNA full story: Tamlin H. Bason's review of a decision by the Middle District of Pennsylvania federal court related to fair use of libraries' materials, appearing in BNA's Patent,...
Bloomberg BNA full story: Tony Dutra's review of oral argument at the Supreme Court April 15 in the controversial Myriad case, appearing in BNA's Patent, Trademark & Copyright Law...
Bloomberg BNA full story: Tamlin H. Bason's writeup of the Eastern District of Louisiana's district court's trademark standing decision , appearing in BNA's Patent, Trademark & Copyright...
April 16, 2013
Blog exclusive: BNA's Patent, Trademark & Copyright Journal has for years been covering conferences presented by the Institute for Intellectual Property and Social Justice at Howard...
April 12, 2013
Podcast (stream or download): In this week's episode of "Do You Copy?," Ananda and Tony discuss the big picture when it comes to Novartis's failure to get a patent on its improved cancer drug. And then it's on to two decisions in which copyrights are pitted against service providers. In one case, Tony revisits an old rant against the U.S. Court of Appeals for the Second Circuit when talking about the latest decision in the Aereo case. And Ananda talks about the downfall of ReDigi's attempt to sell second-hand digitized music.
April 8, 2013
Tamlin H. Bason's writeup of the S.D.N.Y. district court's decision against ReDigi's music transfer business model, appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible to...
by Bloomberg BNA correspondent
Bloomberg BNA full story: BNA's correspondent in India, Madhur Singh, provided this writeup of the decision by India's top court rejecting Novartis's appeal seeking grant of a patent for...
Bloomberg BNA full story: Paul Barbagallo, who writes for BNA's Daily Report for Executives , contributed this piece on stakeholders' reactions to the Second Circuit's controversial Aereo ...
April 5, 2013
Podcast (stream or download): This week's episode of "Do You Copy?" is all about the Supreme Court and two cases that have stirred significant controversy. Ananda analyzes the long-awaited decision in the Kirtsaeng case, which involved the interplay of the first-sale doctrine with the Copyright Act's importation right. Tony offers his perspective on oral arguments in the Actavis case, in which the Federal Trade Commission has objected to "pay-for-delay" agreements between brand-name pharmaceutial manufacturers and their rival generics makers. This is also the first episode that will hit the blog and the iTunes Store simultaneously.
April 3, 2013
Bloomberg BNA full story: Tamlin H. Bason's writeup of a March 21 decision by the Southern New York District Court that distribution of excerpts by a news clipping service is not protected...
Bloomberg BNA full story: Tony Dutra's writeup of the March 25 oral argument at the Supreme Court on whether so-called pay-for-delay drug litigation settlements violate antitrust laws,...
Tamlin H. Bason's writeup of the Non-Disparagement of Native American Persons or People in Trademark Registration Act ( H.R. 1278 ), that would make the term "redskin" not eligible for federal...
March 18, 2013
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...
Bloomberg BNA full story: Tamlin H. Bason's writeup of the Sixth Circuit's reversal in a trademark case , as the court gave weight to ex-employees' testimony on its former company's...
Bloomberg BNA full story: Tony Dutra's writeup of the Solicitor General's amicus brief in the Myriad case on patenting isolated DNA, appearing in BNA's Patent, Trademark & Copyright...
Bloomberg BNA full story: Anandashankar Mazumdar and Tony Dutra combined on this writeup of Sen. Ron Wyden's effort to win the race among his colleagues in the Senate, being the first to...
March 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.
March 7, 2013
Bloomberg BNA full story: Tony Dutra's writeup of the latest development in the battle between Apple and Samsung in the Northern California District Court, appearing in BNA's Patent,...
Bloomberg BNA full story: David McAuley, who writes for BNA's E-Commerce Law Report, contributed this piece on the Western District of Washington's ruling in favor of Amazon in a copyright...
Bloomberg BNA full story: Amy E. Bivins, who writes for BNA's E-Commerce Law Report, wrote this story on the England and Wales High Court of Justice's ruling in EMI v. British Sky...
Bloomberg BNA full story: Tony Dutra's writeup of a Federal Circuit decision , in the wake of its en banc Akamai ruling, requiring that a district court conduct an inducement analysis as an...
March 5, 2013
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...
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...
March 1, 2013
Podcast (stream or download): Ananda and Tony discuss the Supreme Court's ruling in Gunn v. Minton, which slaps down the Federal Circuit for trying to block state courts from entertaining malpractice claims against patent attorneys. Also, Tony reports on his visit to the high court to observe the oral argument in Bowman v. Monsanto, and things don't seem to be looking very good for Bowman.
February 28, 2013
Bloomberg BNA full story: Tony Dutra's writeup of the Supreme Court's grant-vacate-remand order asking the Federal Circuit to revise its view on jurisdiction over patent attorney malpractice...
Bloomberg BNA full story: Tony Dutra's writeup of a cert petition filed hoping the high court will resolve discrepancies between two Federal Circuit opinions on the Hatch-Waxman safe harbor for...
Bloomberg BNA full story: Tamlin H. Bason's writeup of a White House memorandum to agencies that publicly-funded research - including papers published in peer-reviewed journals owning a...
February 26, 2013
by Rebecca E. Hoffman
Blog exclusive: When Bruce P. Keller of Debevoise & Plimpton asked Jonathan Zittrain to join him on the "Intellectual Property" panel at Practising Law Institute's "Communications Law in the Digital Age 2013" program this past November in New York...
February 25, 2013
Bloomberg BNA full story: Europe-based BNA correspondent Rick Mitchell provided this writeup of Google's deal with the French government to create an $81.3 million fund to help French newspaper...
February 24, 2013
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,...
Bloomberg BNA full story: Tony Dutra's writeup of the reintroduction in Congress of the "Fair Access to Science and Technology Research Act," which would force free access to copyrighted...
February 15, 2013
Podcast (stream or download): Tony reports on his visit to the Federal Circuit to hear arguments on software patenting and Ananda notes that the long-simmering disparaging trademark issue involving Washington's professional football club has recently become a subject of public interest again.
Bloomberg BNA full story: Tony Dutra's writeup about the three new nominations for a seat on the Federal Circuit bench, appearing in BNA's Patent, Trademark & Copyright Law Daily...
Bloomberg BNA full story: Tony Dutra's writeup of arguments on whether the Federal Circuit has jurisdiction over appeals between the two parts of a bifurcated patent infringement trial,...
Bloomberg BNA full story: Tony Dutra's writeup of arguments for and against patent eligibility of software before the Federal Circuit, sitting en banc, appearing in BNA's Patent, Trademark...
Blog exclusive: A federal court recently took the drastic step of issuing a preliminary injunction in a trademark infringement suit. But did the court give too much protection ...
February 7, 2013
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...
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...
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,...
by Richard Bingler
Blog exclusive: My favorite band recently came to town. All the members of this band wear a distinctive canary yellow suit...
February 4, 2013
Hallelujah! I wrote a story for my publication, the Patent, Trademark and Copyright Journal, that assessed the arguments in CLS Bank International v. Alice Corporation Pty. Ltd. , a case the en...
February 1, 2013
Podcast (stream or download): In this week's podcast, Tony gets to reminisce about his old employer, CompuServe, whose pre-internet online mall on a private network served as prior art to render obvious a patent in an internet shopping service. Ananda talks about a decision by the Connecticut Supreme Court that says that the states FOIA statute's exception for "federal law" includes the Copyright Act, and, thus, a state agency is not stuck with paying $9 million in licensing fees when a private citizen wants copies of 400,000 aerial images licensed by the state from a private party.
January 31, 2013
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the District of Connecticut's Jan. 29 ruling that copyright law makes certain information exempt from public disclosure under a...
Bloomberg BNA full story: A guest contribution - published as a "BNA Insight" - from Ropes & Gray IP attorneys and appearing in BNA's Patent, Trademark & Copyright Law Daily (accessible...
Bloomberg BNA full story: Tamlin H. Bason's writeup of an Eastern District of Michigan ruling on trade dress for a pizza parlor, appearing in BNA's Patent, Trademark & Copyright Law Daily...
January 24, 2013
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the First Circuit's Jan. 7 ruling that a movie's recreation of an actual photograph was not a copyright infringement, appearing...
Bloomberg BNA full story: Amy E. Bivins, who writes for BNA's E-Commerce Law Report, contributed this story on a Jan. 16 decision by the Northern District of Illinois on likelihood of...
Bloomberg BNA full story: Tamlin H. Bason's writeup of the Federal Circuit's Jan. 17 ruling that a finding of mootness in a patent infringement case is not altered by an appeal contingency...
January 17, 2013
Blog Exclusive: The Supreme Court recently decided a trademark case that was heavily disguised as a constitutional law case. As a result, the lessons for trademark practitioners, though sparse, are nontheless ...
January 15, 2013
Bloomberg BNA full story: 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,...
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...
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...
Blog exclusive: My last post lays out the two sides of the Aereo controversy. On one side, you have the television industry...
January 11, 2013
Podcast (stream or download): In the first podcast of 2013, Tony kicks it off with some calendar items on patent policy discussions that might not be very well publicized. Ananda helps Tony celebrate the N.F.L. playoff season by bringing back an old topic, the dispute between Frederick Bouchat and the Baltimore Ravens. Also on the agenda is a discussion about an ongoing dispute between the descendants of jazz singer and band leader Cab Calloway.
January 4, 2013
Bloomberg BNA full story: 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...
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....
Bloomberg BNA full story: Tamlin H. Bason's writeup of the ping-pong passage in Congress of H.R. 6029 , a bill that would stiffen penalties for foreign, economic espionage...
December 27, 2012
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...
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...
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 ...
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...
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...
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...
Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the Trademark Trial and Appeal Board's Nov. 16 decision that the designs for Procter & Gamble Co's Scope Outlast...
Bloomberg BNA full story: Are human genes patentable?" Tony Dutra's writeup of the Supreme Court's Nov. 30 cert grant regarding the patent eligibility of claims on isolated DNA in Association...
Bloomberg BNA full story: 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....
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...
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...
Ten Things You Need to Know About Social Media and Intellectual Property
If High Court Nixes Myriad Gene Patent, Look to Decades of Uncertainty, Panel Says
Following Remand, District Court Again Says YouTube Protected by DMCA's Safe Harbors
'Do You Copy?' Podcast, Episode 56, May 3, 2013
Former Franchisee's Continued Use of Marks After Agreement's Termination Was Infringing