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Intellectual Property Law Blog Posts from November 19, 2009

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Intellectual Property Law Posts (November 19, 2009)

Google Books Settlement 2.0: Evaluating Competition

This is the third in a series of posts about the proposed Google Book Search settlement. Now that we've described the proposed settlement agreement's biggest potential upside for the public—expanded online access to books, particularly out-of-print books—that benefit must be weighed against the potential down-sides. On that score, the settl
Posted on Electronic Freedom Foundation - Deep Links on November 19, 2009 at 11:03 PM

Feds Charge 3 With Comcast.net Hijacking

Three alleged members of the hacker gang Kryogeniks were hit with a federal conspiracy charge Thursday for a 2008 stunt that replaced Comcast’s homepage with a shout-out to other hackers. Prosecutors identified Christopher Allen Lewis, 19, and James Robert Black Jr., 20, as the hackers “EBK” and “Defiant,” known for hijac
Posted on Threat Level on November 19, 2009 at 6:45 PM

Doing right and wrong by college sports recruits

Today’s Charlotte Observer reports the story of Clair Watkins, a senior basketball player who got one of those coveted “early commitments” from basketball powerhouse Duke. According to the story, Duke offered Ms. Watkins a promise of admission to Duke and a full basketball scholarship, a scholarship that Duke planned to honor for 4 y
Posted on Madisonian.net on November 19, 2009 at 6:28 PM

UK Alert: Stop the Pirate-Finder General!

In the UK, the Labour administration's impatience to pass its "Digital Economy" agenda risks throwing balanced, deliberate reform of copyright law utterly out of the window. In less than 12 hours, the draft Digital Economy Bill will be released. It will apparently include a provision granting the Secretary of State — currently Lord Peter Mandelso
Posted on Electronic Freedom Foundation - Deep Links on November 19, 2009 at 4:23 PM

A Pirate-Finder General for the UK?

Copyright law involves a delicate balance, made all the more fragile by the number of people who now find their every day actions affected by it. Some people benefit, others find ordinary behaviors made illegal. Reforming copyright in the face of new technology is a vital process, but it needs to be performed carefully, with all affected parties consid
Posted on Electronic Freedom Foundation - Deep Links on November 19, 2009 at 4:22 PM

Judge Calls Bull on ?Psycho-Acoustic? Beatles Covers

A federal judge dealt what may be a death blow to a Santa Cruz, California, company marketing Beatles music and other tunes as 25-cent downloads, despite the company’s claim that the tracks were computer-generated cover versions produced by a process called “psycho-acoustic simulation.” EMI and other labels sued BlueBeat a month ago,
Posted on Threat Level on November 19, 2009 at 4:06 PM

New trademark blog: Pittsburgh Trademark Lawyer

Daniel Corbett, who unlike some people does not merely have a sadly un-updated picture of his younger self but who is by all indications actually as terrifyingly youthful as the visual evidence suggests, has despite this seeming deficiency quite ably rolled out the Pittsburgh Trademark Lawyer blog. Welcome to the party, Daniel!  The more the merrier.
Posted on Likelihood of Confusion on November 19, 2009 at 4:05 PM

French Copyrights for Internet

To whom it may concern, We are a multimedia events company in Montreal, Canada and are looking for information concerning a public event we are organizing in Lyon, France. I'm not sure, exactly who we should be contacting for this but we have a hard time figuring out the procedures to clear music and video rights for our event. We communicate
Posted on IBLS Internet Law Blog on November 19, 2009 at 3:47 PM

Health Insurer Loses 1.5 Million Patient Records

A health insurer lost 1.5 million patient records last May but waited six months to disclose the incident. The data, which was stored on a portable disk drive that disappeared from the insurer’s office, was unencrypted and included patient Social Security numbers, bank account numbers and health data, according to the Hartford Courant. The disk a
Posted on Threat Level on November 19, 2009 at 3:35 PM

WIPO Development Committee Deepens Look At Technology Transfer, Coordination

How to achieve effective technology transfer stirred up discussion this week at the World Intellectual Property Organization Committee on Development and IP (CDIP). Meanwhile, members are conducting informal negotiations to bridge differences over what kind of mechanism is needed to coordinate the Development Agenda as a whole.
Posted on Intellectual Property Watch on November 19, 2009 at 3:27 PM

Obama's Crowdsourced Healthcare Reform Video

The winning submission starts at 1:10; I like a lot of the runners up!
Posted on Bag and Baggage on November 19, 2009 at 3:09 PM

EFF Tackles Bogus Podcasting Patent - And We Need Your Help

Patenting podcasting? You've got to be kidding. Yet a company called Volomedia just got the Patent Office to grant them such exclusive rights. EFF and the law firm of Howrey, LLP aren?t willing to just sit by and watch. This patent could threaten the vibrant community of podcasters and millions of podcast listeners. We want to put a stop to it, bu
Posted on Electronic Freedom Foundation - Deep Links on November 19, 2009 at 2:40 PM

Microsoft Files Cross Motion to Dismiss Novell's WordPerfect Antitrust Case; Novell Opposes

There are more filings in the Novell v. Microsoft antitrust case over WordPerfect. Many, many more, mainly exhibits, a total of about 2,540 pages. Some exhibits themselves run to nearly 200 pages, and Novell has 158 exhibits. So, what is happening? Last time we looked in on this case, the parties had filed summary judgment motions. Now Microsoft
Posted on Groklaw on November 19, 2009 at 2:37 PM

Income Breakdown for "Best Selling" Author

One would think that the authors' positions in publishing, being better than the artists' positions in the recording industry, would lead to somewhat better incomes. No such luck. Rob Beschizza at boingboing pointed to Lynn Viehl's posting of her latest royalty statement. Significantly, this is a book that's been on best-seller lists and stocked well
Posted on Copyfight - The Politics of IP on November 19, 2009 at 2:35 PM

The Digital Economy Bill - will it come in time?

Nick McDonald of Browne Jacobson has written to the IPKat with the following:"Her Majesty in yesterday's Queen's Speech said the following: "My Government will introduce a Bill to ensure communications infrastructure that is fit for the digital age, supports future economic growth, delivers competitive communications and enhances public service broadca
Posted on IPKat on November 19, 2009 at 2:07 PM

Copyright Czar Vote Heads to Full Senate

The Senate Judiciary Committee unanimously approved Victoria Espinel’s nomination Thursday, paving the way for a full Senate vote to confirm the nation’s first copyright czar. No Senate vote date was set immediately for a nominee who was applauded by both the “copyleft” and the “copyright.” Espinel is expected to ha
Posted on Threat Level on November 19, 2009 at 1:46 PM

Chief Judge Gregory M. Sleet: Preliminary Injunction Denied

A party requesting a preliminary injunction in an infringement case must meet a high burden in showing a likelihood of success on the merits, irreparable harm, a balance of hardships in favor of the moving party and that an injunction...
Posted on Delaware IP Law Blog on November 19, 2009 at 12:22 PM

Chief Judge Gregory M. Sleet: Claims Fail to Meet Twombly Standard

The District Court of Delaware in LG Electronics U.S.A., Inc. v. Whirpool Corporation, found that a "formulaic recitiation of the elements of the Lanham Act and Delaware Deceptive Trade Practices" with the insertion of Whirpool's name is insufficient to meet...
Posted on Delaware IP Law Blog on November 19, 2009 at 12:09 PM

Computer ?Glitch? Grounds Air Traffic

The Federal Aviation Administration blames an unspecified computer glitch for commercial flights being canceled or temporarily delayed Thursday. The glitch was related to a key FAA flight-processing system, according to ABC News. The problems were first reported at Hartsfield-Jackson Atlanta International Airport. The FAA system that was affected is sa
Posted on Threat Level on November 19, 2009 at 10:57 AM

Internet Governance Forum Wraps Up

The 15-18 November Internet Governance Forum finished work yesterday, and the official press release and wrap-up notes have been circulated by the United Nations, which organises the annual talk shop. There is no single body governing the making of internet policy and the forum is barred from engaging in policymaking. According to the UN release, [...
Posted on Intellectual Property Watch on November 19, 2009 at 9:37 AM

"Would you care for a glass of CANNABIS, Sir?"

Drink and drugs were the main preoccupation of some of Europe's finest legal brains this morning, when the Court of First Instance rendered its decision in Case T?234/06, Giampietro Torresan v Office for Harmonisation in the Internal Market, Klosterbrauerei Weissenohe GmbH & Co. KG, a decision which some of the IPKat's readers may feel to have been
Posted on IPKat on November 19, 2009 at 8:59 AM

Special Report: IP Protection Secondary To Support For Small African Innovators

Systematic and sustained programmes aimed at identifying and supporting African innovative talent may be a key part of Africa?s technological evolution, according to researchers and young entrepreneurs interviewed by Intellectual Property Watch. In the second part of a two-part series highlighting innovation challenges in Africa, Intellectual Property
Posted on Intellectual Property Watch on November 19, 2009 at 7:58 AM

TTAB Finds Flashlight Casing Not De Jure Functional but Lacking in Distinctiveness

The Board reversed in part and affirmed in part a refusal to register the product configuration mark shown on the right, for "portable lighting equipment, namely flashlights." It jettisoned the Section 2(e)(5) functionality refusal, but affirmed the refusal to register on the ground that Applicant failed to establish that the product shape has acquired
Posted on The TTABlog on November 19, 2009 at 6:32 AM

R'n'D: the biggest spenders

The 2009 EU Industrial R&D Investment Scoreboard gives some interesting facts and figures on the biggest spenders on research & development - R&D that will, hopefully, also lead to some IP.From the press release:Worldwide corporate R&D investment increased by 6.9% in 2008, in spite of the economic crisis. With an 8.1% increase, the R&am
Posted on IPKat on November 19, 2009 at 4:42 AM

Stopping the ACTA Juggernaut

The ACTA juggernaut continues to roll ahead, despite public indignation about an agreement supposedly about counterfeiting that has turned into a regime for global Internet regulation. The Office of the United States Trade Representative (USTR) has already announced that the next round of Anti-Counterfeiting Trade Agreement (ACTA) negotiations will tak
Posted on Electronic Freedom Foundation - Deep Links on November 19, 2009 at 4:26 AM

Stash of weapons in car found 'accidentally'

BY KIM BOLAN VANCOUVER SUN An RCMP officer installing a secret tracking device in a Bacon brothers' vehicle said he was not looking for guns when he stumbled on a hidden compartment containing four loaded firearms and spare magazines. Cpl. Raymond Pang, a specialist who installs clandestine listening and tracking devices, testified in Surrey Provinci
Posted on The Trade Secrets Vault on November 19, 2009 at 12:11 AM

Ninth Circuit Remands Cybersquatting Case to Western District

In 2007, the Western District of Washington found that counterclaim plaintiff Vericheck, Inc., had proven its cybersquatting case against counterclaim defendant David Lahoti. (STL post on the summary judgment order here; post on the bench trial decision here.) Mr. Lahoti appealed. On Nov. 16, the Ninth Circuit vacated and reman
Posted on Seattle Trademark Lawyer on November 18, 2009 at 11:47 PM

Philip Morris v. Various Groceries Selling Cigarettes

This is a complaint Philip Morris brought against six grocery stores and ten John Does, for selling counterfeit cigarettes. What's interesting is how the Court will handle the joinder of these defendants - I did not see allegations in the complaint of any sort of connection between them (apart from the allegation that they all sell counterfeit cigaret
Posted on Trademark Blog on November 18, 2009 at 9:18 PM

Local Patent Rules Might Have Unintended Impact.

LegalMetric sends out routine emails referring to its statistical analysis of patent litigation. Recently, it reported the most pro-patentee and [allegedly] pro-infringer districts among the federal courts. In order, the top 10 districts favoring parties accused of infringement are: 1. Northern District of California  * 2. Southern District of Californ
Posted on ISinIP on November 18, 2009 at 9:13 PM

It?s Alive! Hollywood Claims Pirate Bay Tracker Lives

Did The Pirate Bay really shutter its tracker, as claimed on Tuesday? The Motion Picture Association doesn’t think so. Hollywood’s overseas lobbying organization claims OpenBitTorrent, billed as an independent “open tracker project,” was actually established by one of The Pirate Bay’s founders. “OpenBitTorrent is use
Posted on Threat Level on November 18, 2009 at 7:52 PM

Palin Calls E-Mail Hack ?Most Disruptive? Campaign Event

Never mind the disastrous interview with Katie Couric or the blank stares in response to Charlie Gibson’s question about the Bush Doctrine. Former vice presidential candidate Sarah Palin calls the hacking of her Yahoo e-mail account “the most disruptive and discouraging” incident in last year’s presidential campaign. Writing in
Posted on Threat Level on November 18, 2009 at 7:51 PM

US Patent 7618579 - Electro-blown spinning of nanowires

http://www.freepatentsonline.com/7618579.htmlThis patent from du Pont teaches an electrospinning method for generating webs of polymeric nanowires which avoids the necessity of heating used in earlier methods. Claim 1 reads:1. A method for preparing nanofiber webs comprising: feeding a polymer solution comprising between 15 to 25 wt % polymer to a spin
Posted on TinytechIP on November 18, 2009 at 7:47 PM

US Patent 7618250 - Nanoimprint lithography optical alignment

http://www.freepatentsonline.com/7618250.htmlThis patent from ASML Netherlands B.V. teaches diffraction gratings used to align nanoimprintlithography and enable multilayer patterning. Claim 1 reads:1. An imprint lithography apparatus comprising:a template holder configured to hold an imprint template, a substrate table, and an optical encoder, the opti
Posted on TinytechIP on November 18, 2009 at 7:38 PM

US Patent 7618216 - CNT wire earthquake proofing

http://www.freepatentsonline.com/7618216.htmlCarbon nanotubes have been proposed for many years to strengthen materials. This patent proposes a system of using webs of carbon nanotube wires in housing materials to protect from earthquake damage. Claim 1 reads:1. An apparatus to reduce damages to structures due to earth movement comprising:a central sla
Posted on TinytechIP on November 18, 2009 at 7:26 PM

Judge Sue L. Robinson: Inequitable Conduct Claim "Passes Muster" Under Exergen

In yet another decision addressing the sufficiency of pleading inequitable conduct, the Court found under the new standard set forth in the Exergen case that defendant Cisco's amended claims "pass muster under this rigorous standard" and granted defendant's motion for...
Posted on Delaware IP Law Blog on November 18, 2009 at 5:51 PM

How to guard Terms and Conditions agreements from being found unenforceable after Harris v. Blockbuster, Inc?

The U.S. District Court in Harris v. Blockbuster, Inc. (622 F.Supp.2d 396) denied Blockbuster’s motion to compel arbitration under the terms in the Click-Wrap Agreement that its customers were required to accept as a condition of joining Blockbuster online. The Court found that the agreement was unenforceable because the arbitration provision can
Posted on BC Law Intell. Prop. & Tech. Forum on November 18, 2009 at 5:23 PM

Ozymandias Lessons for Copyright

Ann Bartow’s post about Paul Zukofsky, son of Louis and Celia Zukofsky, and his attempt to exert extreme control over his parents’ work reveals that heirs are problem for copyright. Mr. Zukofsky asserts some untenable points about his power over the material and the need for academics to seek his approval. The full letter is [...]
Posted on Madisonian.net on November 18, 2009 at 5:18 PM

Chief Judge Gregory M. Sleet: Rule 52(c) Motion Granted for Prior Art References Not Raised at Trial

In the Court's post-trial decision in In Re Brominidine Patent Litigation, the Court found that the defendants' ANDA products infringed the asserted patents and that defendants failed to prove invalidity. MDL Docket No. 07-md-1866-GMS, Memorandum (D. Del. Oct. 23, 2009)....
Posted on Delaware IP Law Blog on November 18, 2009 at 5:03 PM

Don't You Wish You Were an Activision Shareholder Now?

Set to be the most successful video game of all time (according to press releases anyway), Activision paired up with retailers like Game Stop and Best Buy to ensure that shelves were fully stocked for stores open late to receive the throngs of gamers vying to be among the first to claim the latest version of its earlier hit Call of Duty, "Call of Duty:
Posted on Video Game Law Blog on November 18, 2009 at 4:29 PM

Have you ever seen two less likely allegedly similar marks?

Although he is generally reluctant to criticise individual IP rights owners for seeking to protect their market position, and equally reluctant to criticise those members of the IP professions who represent them, there are times when the temptation to do so becomes very great.One such occasion when the temptation became fairly strong was today, however
Posted on IPKat on November 18, 2009 at 4:23 PM

ACLU of Northern California Launches dotRights Privacy Campaign

We're excited to share the news that our friends at the ACLU of Northern California have just launched their dotRights privacy campaign, an impressive effort to spread the word about how online services collect and share reams of personal information about internet users. The entertaining and informative dotRights introductory video summarizes the iss
Posted on Electronic Freedom Foundation - Deep Links on November 18, 2009 at 3:51 PM

Notice of Agenda for Friday's Bankruptcy Hearing - Gray Motion and AutoZone Sealing Objection

So, what is on the agenda for Friday's hearing in the SCO bankruptcy? Several items are listed, but only two are contested. The AutoZone settlement agreement received no written objections, but the U.S. Trustee's office does have an "informal" objection to the sealing of its terms. That means that will be at least discussed, unless they can get i
Posted on Groklaw on November 18, 2009 at 3:33 PM

DNA Testing Firm Goes Bankrupt; Who Gets the Data?

An Icelandic firm that offers private DNA testing to customers has filed for bankruptcy in the U.S., raising privacy concerns about the fate of customer DNA samples and records, according to the Times of London. DeCODE Genetics, a genetics research firm, began offering personalized DNA testing through its deCODEme website two years ago. A customer [..
Posted on Threat Level on November 18, 2009 at 2:58 PM

Celebs Fight Back ?

Given that the Twilight sequel, New Moon, opens this week, I just have to blog about something Twilight-related.  I’ve been writing lately about celebrity privacy rights, and the right of publicity – and considering the extent to which celebrities should be legally protected against paparazzi intrusions.  Of course, there are other ways for
Posted on Madisonian.net on November 18, 2009 at 2:09 PM

Public Health Roundup: Progress Seen, Investment Needed

New business models might bring down vaccine prices and public-private partnerships could open the way to new treatments to deadly tropical diseases but some countries are lagging behind in their investments to reach their health targets, according to reports from public health organisations holding meetings in different parts of the world.
Posted on Intellectual Property Watch on November 18, 2009 at 1:04 PM

Assessing Algorithmic Authority

Clay Shirky characterizes “algorithmic authority” as “the decision to regard as authoritative an unmanaged process of extracting value from diverse, untrustworthy sources, without any human standing beside the result saying ‘Trust this because you trust me.’” For Shirky, “authority is a social agreement, not a
Posted on Madisonian.net on November 18, 2009 at 12:37 PM

Legal and Algorithmic Authority

Clay Shirky has recently written “A Speculative Post on the Idea of Algorithmic Authority,” based on a talk at Yale’s recent conference on Journalism & The New Media Ecology. Shirky noted that “people trust new classes of aggregators and filters, whether Google or Twitter or Wikipedia (in its ?breaking news? mode),”
Posted on Madisonian.net on November 18, 2009 at 12:18 PM

Cognitive Dissonance Writ Large

Nate Anderson provides extensive coverage of Michael Fricklas's talk at Yale Law. Fricklas is top legal attack dog for Viacom, and the headline on the ars piece highlights the lawyer's admission that the Cartel's jihad against its own customers was... well, a jihad, though he uses the word "terrorism" which is an equally emotionally laden term. Viaco
Posted on Copyfight - The Politics of IP on November 18, 2009 at 12:06 PM

TRIPS Council Annual Report: Extension Of Health Amendment Deadline Looms Again

The World Trade Organization General Council, the WTO?s highest-level decision-making body in Geneva, on Tuesday received the annual report for the WTO committee on intellectual property rights. In it were descriptions of the past year?s IP debates and recommendations for extensions of deadlines.
Posted on Intellectual Property Watch on November 18, 2009 at 11:17 AM

Google adds free legal case law research

Via this article:  Free Legal Research by Google & What It Means : My Shingle, Google has released the ability to search case law for free, including state case law.  UNREAL. To test it out, use this URL:  http://scholar.google.com/advanced_scholar_search?hl=en&as_sdt=2000.  Scroll towards the bottom to select “Legal opinions and journals
Posted on Invent Blog on November 18, 2009 at 11:16 AM

Swedish Retailer Lets Go of Pirate Bay Logo

The Swedish online retailer that had trademarked a near replica of The Pirate Bay’s iconic logo has agreed to withdraw registration of what has become an enduring symbol of online piracy, Swedish media reported Wednesday. The move by Sandryds Handel came two days after Peter Sunde, one of The Pirate Bay co-founders, complained to Sweden’s P
Posted on Threat Level on November 18, 2009 at 11:06 AM

Sue L. Robinson: The Double-Edged Sword of Prosecution

In a recent post-trial opinion, district judge Sue L. Robinson emphasized the importance of a patentee's conduct during prosecution for later claims of infringement. In the underlying action, the patentee alleged that defendant's ANDA product, which covered an oral tablet...
Posted on Delaware IP Law Blog on November 18, 2009 at 10:51 AM

US Court To Decide On Amended Google Book Settlement

On 13 November, an amended settlement agreement was filed with the Court by the Authors Guild, the Association of American Publishers and Google in Authors Guild v. Google, and a motion for preliminary approval of the amended settlement, according to the Authors Guild website. According to the Guild, some noticeable changes have appeared in this [...]
Posted on Intellectual Property Watch on November 18, 2009 at 10:48 AM

Modern Censorship in Russia

Folks in Russia weren't impressed with a scene in Call of Duty: Modern Warfare 2 where a Russian terror cell shoots up an airport full of civilians. After threats of government bans or recalls, Activision has reportedly decided to remove the offensive scene from the Russian version of the game. Russia has no formal ratings board for video games, so
Posted on Video Game Law Blog on November 18, 2009 at 9:01 AM

Upcoming Pennsylvania CLE to Focus on e-Commerce

The Pennsylvania Bar Institute (PBI) has planned a continuing legal education course that will focus on the legal matters affecting e-commerce.  Now in its sixth year, PBI’s e-commerce update will provide an update on the latest legal issues affecting e-commerce, including: e-contracting issues that arise when using social networking sites for e
Posted on IP Spotlight on November 18, 2009 at 7:10 AM

TPAC Meeting This Friday Will Explore Ramifications of Bose Decision

The Trademark Public Advisory Committee (TPAC) will hold a public meeting on Friday morning, November 20, 2009, at USPTO Headquarters, Madison Auditorium, Concourse Level, 600 Dulany Street, Alexandria, VA 22314. The meeting will be run from 9:00 AM to 12:30 PM and will be webcast.[Agenda here]. An important area for discussion will be the ramification
Posted on The TTABlog on November 18, 2009 at 7:10 AM

AUSTINUTS Seeks Review of TTAB 2(d) Decision in Austin Federal District Court

Austinuts, Inc. has filed a complaint (here) in the U.S. District Court for the Western District of Texas (Austin Division), seeking Section 1071(b) review of the TTAB's decision in AQFTM, Inc. v. Austinuts, Inc., Oppositions Nos. 91166551 and 91166552 (August 6, 2009) [not precedential]. [TTABlogged here].The Board found confusion likely between the m
Posted on The TTABlog on November 18, 2009 at 6:26 AM

Leo v Sandoz - follow the instructions or lose the case

According to UK and European patent law, an invention in a patent claim is not new if what is claimed has been made available to the public before the priority date of the application. There may, for example, be a clear statement in a prior published document that describes a chemical compound and how to make it, which would make a claim to that part
Posted on IPKat on November 18, 2009 at 4:21 AM

Wednesday whimsies

Official Proclamation: for the sake of consistency and the avoidance of confusion, the IPKat and Merpel do hereby decree that the round-up features that appear on this weblog on Mondays, Wednesdays and Fridays shall henceforth be known and described as 'Monday Miscellany', 'Wednesday Whimsies' and 'Friday Fantasies' respectively. Until they next eithe
Posted on IPKat on November 18, 2009 at 1:51 AM

How Not to Invent a Patent Crisis

F. Scott Kieff and Henry E. Smith authored a chapter in the book "Reacting to the Spending Spree: Policy Changes We Can Afford" which examines challenges the Obama administration faces today, and in the foreseeable future, and the administration?s planned responses.Kieff and Smith's contributions deal with the topic of patent reform and the authors' vi
Posted on Two-Seventy-One Patent Blog on November 18, 2009 at 12:47 AM


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