Posts Tagged ‘patent litigation’

Intellectual property roundup

  • Federal judge invalidates two patents Intellectual Ventures had used to sue banks [Ars Technica]
  • Is there an actual debate over the economic effects of stronger vs. weaker IP protection, or are people talking past each other? [Simon Lester, Cato]
  • “Teller Wins Lawsuit Over Copied Magic Trick Performance” [Hollywood Reporter] Custom, informal law enforce joke “property” among comedians [McGraw/Warner, Slate]
  • I read the news today, oh boy/ And now I have to pay a license fee/ [ABA Journal on actions against song lyrics sites; earlier here and here; h/t for joke to Rogers T.]
  • “Paper” town, placed by cartographer on map to foil plagiarism, springs into real life [Now I Know]
  • Unsuccessful courtroom demand for access to list of donors to “Save Podcasting Campaign” [EFF]
  • Idea of giving people copyright in their faces (as against facial-recognition systems) “has two demerits: it is unconstitutional, and it is insane. Otherwise, it seems fine.” [Info/Law via @petewarden]

Intellectual property roundup

  • “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street]
  • British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier]
  • Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco]
  • From EFF’s “Copyright Week”: what if the penalty that accompanied a parking ticket varied unknowably and might amount to a year’s salary? [Mitch Stoltz] “Copyright’s not getting its work done” [Cathy Gellis]
  • Nineteenth Century’s sewing machine patent wars resembled today’s smartphone wars, but ended more or less happily [Adam Mossoff, Slate]
  • Universities that post papers by their own scholars hear from Elsevier’s lawyers [ABA Journal]
  • Likelihood of confusion? Underwear maker Hanes cease/desists hummus maker in Saskatoon, Canada with name derived from “Yohannes” (= “John”)[ABC News, Craig Lederhouse, CBC (auto-plays radio)]

“Why patent trolls love east Texas”

Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should have ended the case. But…” [TechDirt; Joe Mullin, Ars Technica]

Reining in patent litigation via fee shifts

Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme Court this term may provide clarity on when courts can deem cases “exceptional” and suitable for a fee shift. Broader use of fee shifts — presumably by way of deeming at least some swath of losing cases “exceptional” — would be one way of addressing the patent troll problem that would not call for new legislation. [ABA Journal, related, Corporate Counsel (arguments that judiciary can deal with trolls on its own]

In other developments, the Federal Trade Commission has voted to proceed with an inquiry into the patent troll problem [New York Times] and the Government Accountability Office has released a long-awaited report on the issue [Mike Hogan and Gregory Hillyer, Legal Intelligencer]

Intellectual property roundup

November 13 roundup

  • New law grads and others, come work for liberty at the Cato Institute’s legal associate program [Ilya Shapiro]
  • Lawsuit against United Nations seeks compensation for mass cholera outbreak in Haiti [Kristen Boon, Opinio Juris]
  • “Parents Sue Energy Drink After Girl’s Death” [NBC Washington; Hagerstown, Md.] “The New York Times Reveals That 18 Servings of an Energy Drink Might Be Excessive” [Jacob Sullum]
  • Claim: There is no explosion of patent litigation [Adam Mossoff, Truth on the Market, and further]
  • “After Inmates Sue for Dental Floss, Jailers Explain the Security Risk” [ABA Journal, earlier]
  • Court: First Amendment protects right of “The Bachelor” producers to consider contestants’ race [Volokh, earlier]
  • From Florida tobacco litigation to an, um, interesting higher-education startup [Inside Higher Ed, h/t Overlawyered commenter Jeff H.]

Intellectual property roundup

  • “The patent, used as a sword” [NY Times, Flowing Data]
  • Default judgment over 528 songs against contumacious defendant: “Website ordered to pay $6.6 million for posting song lyrics” [NLJ]
  • “Monsanto Seed Patent Case Gets U.S. Supreme Court Review” [Bloomberg Business Week]
  • New book tells story of Ira Arnstein, whose frivolous suits against Cole Porter, Irving Berlin et al set important precedent [WSJ]
  • “Do it ‘on the Internet,’ get a patent, sue an industry — it still works” [Joe Mullin, Ars Technica]
  • “Court rules book scanning is fair use, suggesting Google Books victory” [Timothy Lee, ArsTechnica]

June 11 roundup

  • Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
  • Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
  • Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
  • A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
  • “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
  • “Community banks to Congress: you’re crushing us” [Kevin Funnell]
  • If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]