Patent Risk: The ‘New Normal’ In Patent Troll Litigation 30/07/2013 by Kelly Burke for Intellectual Property Watch Leave a Comment New York – Financial companies in 2012 faced nearly four times the patent litigation from non-practicing entities (NPEs), often called “patent trolls”, than they did five years ago and 2013 promises to be no different, according to a presentation by RPX Corporation, a patent risk management services provider. Financial institutions’ use of social media and its associated risk was also a topic of discussion.
European Commission Proposes Rules Changes To Create Unitary Patent Court 29/07/2013 by Intellectual Property Watch 3 Comments The final legislative piece needed for the establishment of a unitary EU patent system emerged from the European Commission today.
United States Confounded By Standard-Essential Patents 29/07/2013 by Steven Seidenberg for Intellectual Property Watch 2 Comments The United States is in a muddle over standard-essential patents. The nation’s courts and its executive agencies all agree that these patents play vital roles in the economy, but they disagree about what remedies are available when these patents are infringed. A recent decision by the US International Trade Commission has added to the confusion.
Motorola vs. Microsoft And The Future Of FRAND 29/07/2013 by Intellectual Property Watch 5 Comments Andrew Updegrove discusses the handing down by Justice James Robart of a 207-page opinion in a closely-watched dispute between Motorola and Microsoft, involving several patents that Google later acquired (along with the rights under the lawsuit) when it purchased Motorola Mobility. In that opinion, Robart sought to determine what, under all relevant circumstances, Google could fairly and reasonably charge Microsoft to infringe upon the essential claims in question when (for example) it builds and sells an Xbox.
Transitions In The Global IP Community 17/07/2013 by Kelly Burke for Intellectual Property Watch Leave a Comment Just as the world of international intellectual property law and policy is ever-changing, so are the faces within it. Below you will find an updated list of the latest people news and IP moves across international organisations, national and regional governments, nonprofit organisations, and the private sector, from the first half of this year.
Church Leaders, Gun Groups Sue NSA Over ‘Unconstitutional’ Phone Surveillance 16/07/2013 by Intellectual Property Watch 2 Comments Church leaders, gun ownership advocates and other rights activists came together today to file a lawsuit against the US National Security Agency (NSA), declaring its surveillance programme unconstitutional. The broad coalition of plantiffs is represented by the Electronic Frontier Foundation (EFF).
Micro Entity Status For Universities And AIA Rulemaking On Power Of Attorney 15/07/2013 by Intellectual Property Watch 1 Comment The authors write: “The US Patent and Trademark Office recently introduced a discounted “micro entity” rate on official fees for qualifying universities. Unfortunately, recent changes in the USPTO’s rules on applicants and powers of attorney hinders a qualifying university from benefiting from the micro entity discount. Here, we explain how the rules on micro entity status, applicants, and powers of attorney conflict with each other and offer suggestions for taking advantage of the micro entity discount without running afoul of the rule changes.”
EU High Court Upholds Private Copy Levies On First Sale Of Blank Media 11/07/2013 by Dugie Standeford for Intellectual Property Watch Leave a Comment Setting general private copying levies on the first sale of blank media such as CDs and DVDs does not necessarily breach EU law, Europe’s highest court said on 11 July. The law does not allow the levy to be collected where the intended use of the recording media clearly isn’t for making private copies. But it doesn’t bar a general levy system that includes the option of reimbursement where the intended use is not private copying, the European Court of Justice (ECJ) said.
Happy Birthday To You, Copyrighted 04/07/2013 by Intellectual Property Watch 1 Comment Prof. Owen Dean writes: Warner/Chappel Music, a music publishing company in the United States of America, claims and exerts copyright in the ubiquitous song “Happy Birthday to You”. It requires that royalty payments should be made to it each and every time this song is sung or used in public. This is a startling proposition as most people probably assume that the song is in the public domain and is free for use by all. An American documentary film maker agrees and is objecting to having to pay royalties to include the song in a film. It has consequently commenced legal proceedings before the US court seeking a declaration that the song is out of copyright and in the public domain. These court proceeding are currently attracting attention world-wide due to their somewhat bizarre nature. Meanwhile, under a bill in South Africa, celebrants of birthdays who do not obtain the necessary licence for singing “Happy Birthday” may in future bring the full wrath of the law down upon themselves through their unlawful conduct. Moreover, this situation could prevail in perpetuity.
Public Interest Groups Ask US Court To Invalidate Stem Cell Patent 03/07/2013 by Intellectual Property Watch Leave a Comment A human embryonic stem cell patent held by the Wisconsin Alumni Research Foundation (WARF) should be invalidated, according to a legal filing made on 2 July by two public interest groups.