Infojustice: Setting The Record Straight On Fair Use In US 30/07/2013 by Intellectual Property Watch Leave a Comment A paper examining the fair use doctrine in the United States, published by law professors Peter Jaszi and Matthew Sag and University of California at Berkeley fellow Gwen Hinze, addresses specific issues raised in an earlier submission to the Australian Law Reform Commission (ALRC) by the Kernochan Center for Law, Media and the Arts.
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.
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.
Report Challenges Assumptions On IP Valuation And Cybercrime 23/07/2013 by William New, Intellectual Property Watch Leave a Comment A new report released in the United States assesses assumptions and seeks to spark new thinking on the economic impact of cybercrime and cyberespionage, including the valuation and losses of intellectual property.
Push For “March-In Rights” To Prevent Myriad From Asserting Patents On Cancer Test 22/07/2013 by Brittany Ngo for Intellectual Property Watch 1 Comment Despite last month’s United States Supreme Court decision on a case involving Myriad Genetics, which struck down some of Myriad’s patents related to human genes, Myriad has filed infringement suits against two companies that had announced they would begin offering lower-cost tests for the breast cancer genes in question.
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).
US Advertising Networks Issue Best Practices For Online Infringement 15/07/2013 by Intellectual Property Watch Leave a Comment Several United States-based advertising networks today announced a set of best practices to address online infringement by reducing ad revenue to websites engaged in piracy and counterfeiting.
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.”
US Subcommittee Examines Toxic Substances Control Act, IP Protection 11/07/2013 by Intellectual Property Watch Leave a Comment A subcommittee of the United States House of Representatives Energy and Commerce Committee today heard arguments for and against greater chemical regulation and trade secret protection in its review of the Toxic Substances Control Act (TSCA). The hearing also examined the Environmental Protection Agency (EPA)’s role in regulation.