Intellectual Property Law

Gov. Palin's Yahoo Email Account HackedEFF.org Updates

Posted on September 17, 2008
Last night, someone apparently obtained access to the Yahoo! email account of Governor Sarah Palin, the Republican candidate for Vice President. Screenshots of Gov. Palin's email account are now widely available on the sites such as Wikileaks and Gawker...

Read Briefs and Decisions on your iPod

Posted on August 28, 2008

End of the BlogThe Patry Copyright Blog

Posted on August 01, 2008
I have decided to end the blog, after doing around 800 postings over about 4 years. I regret closing the blog and I owe readers an explanation. There are two reasons.1. The Inability or Refusal to Accept the Blog for What it is: A Personal BlogI have been a full-time copyright lawyer for 26 years...

Communications Decency Act - NJ

Posted on June 30, 2008
Donato v. Moldow: New Jersey Superior Court, Appellate Division has held that Section 230 of the Communications Decency Act immunized the proprietor of an online message board from liability for allegedly defamatory content posted by third-parties, despite the exercise of editorial control in the selection and editing of the messages...

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Tom the Dancing Bug on Disney's eternal copyrightWaxy.org Links

Posted on May 28, 2008
reminiscent of my own Mickey comic from 2003 [via] 

MuxFindFimoculous.com

Posted on May 27, 2008
MuxFind.com, for searching Muxtapes, and thereby pretty much recreating Napster in a browser. (It says that the service is not associated with Muxtape. If that's true, Muxtape might wanna shut it down before everyone gets sued outta existence.) Update#1: Fred likes it...

NY Times on Net NeutralityMichael Geist Blog

Posted on May 20, 2008
The NY Times runs an editorial supporting net neutrality legislation.

Did Hershey's Just Abandon its Trademark?PrawfsBlawg

Posted on May 20, 2008
Here is something I picked up at the local Target store. It's a Hershey's-brand three-compartment silicone muffin pan. When you bake muffins in this pan, they come out - adorably, of course - in the shape of oversized Hershey's chocolate bars - complete with the Hershey's name and logo intaglioed in the shape of the finished muffin...

Lessig on the Proposed Orphaned Works Act: ?Unfair and Unwise?WSJ.com: Law Blog - WSJ.com

Posted on May 20, 2008
If you manage to check out one item this week on copyright law (excepting, of course, any copyright posts that show up here on the Law Blog), we?d encourage you to check out Larry Lessig?s op-ed in today?s NYT on the proposed Orphaned Works Act being kicked around Congress...

Peer-to-Patent VideoTechnology Liberation Front

Posted on May 20, 2008
Here?s a video highlighting the Peer-to-Patent project originated by Beth Noveck and New York Law School?s ?Do Tank.? Whether because of inappropriately low standards for granting patents or recent decades? outburst of inventiveness in technological fields, the Patent and Trademark Office is swamped...

Section 230 Gives Filtering ISPs Absolute ImmunityChicago IP Litigation Blog

Posted on May 20, 2008
e360Insight, LLC v. Comcast Corp., No. 08 C 340, Slip Op. (N.D. Ill. Apr. 10, 2008) (Zagel, J.).Judge Zagel granted defendant Comcast judgment on the pleadings, dismissing plaintiff e360Insight?s ("e360") Computer Fraud and Abuse Act, First Amendment, and related state law claims...

Promoting free expression on the internetGoogle Public Policy Blog

Posted on May 20, 2008
Posted by Pablo Chavez, Senior Policy CounselGoogle's commitment to freedom of expression is at the core of everything we do -- whether it's independent media organizations using YouTube to express themselves in Venezuela, or citizen journalists using Blogger to chronicle Myanmar's crackdown last year on Buddhist monk protests...

Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark OwnersThe TTABlog®

Posted on May 20, 2008
Fraud was a major topic of discussion at INTA Berlin after yesterday morning's presentation. Non-US attorneys and agents who may not fully understand the use-based trademark regime that exists in the United States, are trying to come to grips with the problem...

YouTomb's tracking who ordered YouTube takedownsWaxy.org Links

Posted on May 20, 2008
recent takedowns are on the homepage of the MIT project [via] 

IP Think Tank Global Week in Review - 16 May 2008Duncan Bucknell's site updates

Posted on May 16, 2008
Here is IP Think Tank?s weekly selection of top intellectual property news breaking in the blogosphere and internet. Please join the discussion by adding your comments on any of these stories, and please do let me know if you think we?ve missed something important, or if there is a source you think should be monitored...

Federal Circuit Affirms Decision Holding Lovenox Patent UnenforceableOrange Book Blog

Posted on May 14, 2008
Aventis Pharma v. Amphastar and Teva, No. 2007-1280 (Fed. Cir. 2008)           by Robert S. Dailey Earlier today, the Federal Circuit affirmed a district court decision holding Aventis's patent on Lovenox (enoxaparin) unenforceable.  The district court had found that renowned Aventis scientist, Dr...

Universal Music: when we get hit with copyright damages, that's "unconstitutionally excessive"Boing Boing

Posted on May 14, 2008
Universal Music Group loves the idea of suing music fans for the full freight when it comes to copyright infringement, celebrating their ability to extract $150,000 per act of infringement with punitive damages on top -- but now that Universal's been slapped with one of these copyright suits (for sampling Hendrix without permission, something I think they should be able to do, FWIW), they've decided that these damages are "unconstitutionally excessive...

GPhA Files Amicus Brief in Appeal of "Baseless Paragraph IV Certification" Case; Warns of Chilling Effect on Future Patent ChallengesOrange Book Blog

Posted on May 12, 2008
Takeda v. Mylan and Alphapharm, Nos. 2007-1269, -1270 (Fed. Cir.) In February 2006, the U.S. District Court for the Southern District of New York determined that Takeda's patent on pioglitazone, the active ingredient in ACTOS, is neither invalid for obviousness nor unenforceable due to inequitable conduct...

IP Think Tank Global Week in Review - 9 May 2008Duncan Bucknell's site updates

Posted on May 10, 2008
Here is IP Think Tank?s weekly selection of top intellectual property news breaking in the blogosphere and internet. Please join the discussion by adding your comments on any of these stories, and please do let me know if you think we?ve missed something important, or if there is a source you think should be monitored...

ACI "FDA Boot Camp" Conference, San Francisco, May 29-30Orange Book Blog

Posted on May 07, 2008
American Conference Institute's very popular "FDA Boot Camp" returns to San Francisco later this month, May 29-30. The conference is designed to give patent lawyers, product liability lawyers, and life sciences investment and securities experts a strong working knowledge of core FDA regulatory competencies...

ACI "In-House Counsel Forum on Pharmaceutical Antitrust," National Harbor, Maryland, May 20-21Orange Book Blog

Posted on May 03, 2008
American Conference Institute is holding its fourth annual "Pharmaceutical Antitrust" conference on May 20-21, in National Harbor, Maryland. According to ACI, at the conference, "leading in-house pharmaceutical counsel, government regulators, and expert attorneys will provide practical advice on how to successfully tackle the most complex antitrust issues facing brand-name and generic pharmaceutical companies...

Law Professor Making Trouble,The Volokh Conspiracy

Posted on April 29, 2008
and I mean that in the best possible way: The U.S. Patent and Trademark Office may have a major problem on its hands -- the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges.... The flaw, discovered by highly regarded intellectual property scholar John Duffy of George Washington University Law School, could also afflict the appointment of nearly half of the agency's trademark appeals judges...

Internet Cases » A guide to registering the copyright in your blogdel.icio.us/jurisnipper

Posted on April 29, 2008
 bookmark this on del.icio.us - posted by jurisnipper to copyright blog - more about this bookmark...

Muxtape InterviewFimoculous.com

Posted on April 28, 2008
Interview with Muxtape founder Justin Ouellette. He shrugs of the copyright question. (Legally, there's no doubt he's screwed if the labels want to take him down. The only question is whether they think he's a threat or a help. I'll give it 50-50.)

WBR "PharmaBiotech IP Summit," Philadelphia, May 28-30Orange Book Blog

Posted on April 28, 2008
Worldwide Business Research will be holding a conference entitled "PharmaBiotech IP Summit," May 28-30 at the Ritz-Carlton in Philadelphia. According to WBR, "the event balances the challenges of IP protection, enforcement and management, providing both strategic and actionable insights through case studies and interactive session formats...

Is Victoria?s Secret a Stolen Bra Design?City Room

Posted on April 21, 2008
A Long Island paralegal has sued Victoria?s Secret, saying the company mass-produced her idea for a "strapless convertible bra" that can be worn 100 different ways.

Is Victoria???s Secret a Stolen Bra Design?City Room

Posted on April 21, 2008
A Long Island paralegal has sued Victoria???s Secret, saying the company mass-produced her idea for a "strapless convertible bra" that can be worn 100 different ways.

Privacy of Electronic CommunicationsInfo 205 - Spring 2008: Information Law and Policy (Three Day Delay)

Posted on April 20, 2008

EPIC FAILpf.org

Posted on April 20, 2008
So apparently the state of Oregon has been trying to assert copyright over their statutes.This position, has, of course, no basis in law or fact.What I find baffling is the motivation for trying to do so....

TWiL 14: Blogger and Podcaster Liabilitythis WEEK in LAW

Posted on April 18, 2008
Hosts: Denise Howell, Karl Susman, Debbie Weil, Kevin O'Keefe, and Victor Cajiao Managing the legal risks related for blogging and podcasting. Talking points: http://del.icio.us/thisweekinlaw/14. Audible Book Pick: The Small Business Bible By Steven D...

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