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Double standard? UMG fights "excessive" infringement damages
http://arstechnica.com/ news.ars/ post/ 20080514-double-standard-umg-fights-excessi...
Double standard? UMG fights "excessive" infringement damages Big Four record label UMG convinced federal judges last year that paying huge punitive penalties was unconstitutional, but record labels seem to have no problems with filing massive damage claims against non-commercial file-swappers. Double standard, or two entirely different issues? May 14, 2008 - 05:31PM CT - by Nate Anderson
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Universal Music: when we get hit with copyright damages, that's "unconstitutionally excessive"
http://www.boingboing.net/2008/05/14/universal-music-when.ht...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
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Intel guilty of Anti-trust?
http://mewcetti.com/2008/06/07/intel-guilty-of-anti-trust/Everyone should know about the recent investigations against Intel. Personally, I use Intel processor(I also have a few AMD processors) and I like how Intel has really been spending some money to push in some fresh new blood into the desktop x86 market. I also like seeing them push some extra competition into the mobile products market(them and nVidia), but has anyone ever ventured to go beyond the major computer players such as Intel and Microsoft and investigate someone who is blatantly conspiring against consumers? I’m talking about the RIAA and MPAA and the entertainment corporations behind them. They’re blatantly conspiring together, and they’re definitely out to get "pirates" and they don’t care who or what they step on. Now maybe they really are loosing a lot of profits. My sentiments are really, too bad. I’m not going to pirate music personally but that’s not going to stop several hundred million others. But really, if they’d get off of their high wagon and do something innovative and fresh, maybe they’d make more profits. Lets take the consumer laptop/desktop market. This is obviously a market with razor sharp margins on products. Yet people like HP(I’m a big HP fan, sorry if you’re not, but I have my reasons) are pumping out some seriously cool stuff(you didn’t think I’d forget the Blackbird would you?). And they also seem to be making plenty of money in the consumer market. Remember my previous post on the future of profits for Hollywood? Well that’s what other companies seem to be well doing. But back to anti-trust. Isn’t one inclined to think that these companies need a good dose of reality and need to have some consumer rights forced down their throat(since they’re obviously not interested in doing it themselves)? Up to you, but as for me, I’m off of their "products" until they see the light, or maybe they never will and I’ll be stuck in the indie world forever(fine by me really).
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Double standard? UMG fights “excessive” copyright infringement damages
http://www.scruffydan.com/blog/?p=1317When Jammie Thomas was found guilty of infringing the copyrights of 24 songs during a trial in Minnesota last year, a jury fined her $222,000 in statutory damages. Given that the record labels arguably lost about 70¢ per song from her (the amount paid by digital download stores like iTunes), this means that Thomas’ fine was 13,214 times the actual loss. So when Ray Beckerman of Recording Industry vs. The People recently unearthed a case from last year in which Universal complained about having to pay a mere 10 times the actual damages in a court case of its own, critics smelled the salty tang of hypocrisy. The case in question involves now-deceased rapper The Notorious B.I.G., whose album Ready to Die incorporated an unlicensed sample of “Singing in the Morning” from the Ohio Players after a Hendrix sample was denied clearance. The sample made its way onto the final album and even onto reissued albums. Bridgeport Music and Westbound Records, which control the rights to the song, sued. A district court ruled in their favor; Bridgeport took the $150,000 maximum in statutory damages, while Westbound sought compensatory and punitive damages. Westbound scored big, earning $366,939 from the jury along with punitive damages of a whopping $3.5 million. In appealing the ruling, Universal argued that the punitive damages award was “grossly excessive and should be vacated or at least reduced.” The reason? It’s excessive. The brief quotes a Supreme Court ruling that said, “In practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process.” Universal pointed out that the award in question was “approximately 10 to 1, far above the line of unconstitutional impropriety.” They convinced the Sixth Circuit Court of Appeals with the claim. The judges on the appeals court found (PDF) that “the jury’s $3.5 million punitive damage award was unconstitutionally excessive.” The Universal case isn’t quite the same as the Jammie Thomas case, since Thomas was hit with statutory damages and neither actual nor punitive damages were at issue (the RIAA simply says it can’t possibly calculate actual damages and doesn’t try to do so). But there’s an overlap in principle, since in P2P lawsuits the goal seems to be “sending a message” to file-swappers. That’s fine, of course, but are the damages in these cases “unconstitutionally excessive”? Thomas raised that issue herself. The RIAA argued that Thomas should pay up, in part because the award was actually far lower than it could have been (at $150,000 per infringement, Thomas could have owed substantially more). ”Where, as here, the amount awarded by the jury was less than 10 percent of what the jury could have awarded,” wrote the RIAA at the time, “there is no basis for a remittur or a new trial.” The US government, which felt the need to weigh in, agreed. The Department of Justice concluded that “the damages awarded under the Copyright Act’s statutory damages provision did not violate the Due Process Clause; they were not ’so severe and oppressive as to be wholly disproportioned to the offense or obviously unreasonable.’” Fortunately, statutory damages are discretionary, but they’re already so high in these sorts of cases that any attempt to raise them (as Congress considered doing in the PRO-IP Act) is bound to be seen as “gluttonous.” When RIAA members like Universal object (and win) cases on the grounds that they shouldn’t have to pay a penalty 10 times higher than actual damages, surely noncommercial file-swappers, operating from homes, coffee shops, and dorm rooms, shouldn’t be hit with these massive fines, either, when Universal’s on the other side of the courtroom. Let the penalty be commensurate with the infringement. (via arsTechnica)
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IP Think Tank Global Week in Review - 16 May 2008
http://duncanbucknell.com/blog/337/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. You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/ Highlights this week included: New WIPO Director General: Francis Gurry of Australia: (WIPO), (Managing Intellectual Property), (Innovationpartners), (IAM), (Intellectual Property Watch), (LawFont.com), (IPKat), (Class 46), (Patry Copyright Blog), (Catch Us If You Can!!!), (IPRoo), StemCells files second patent lawsuit against Neuralstem in relation to human neural stem cells: (IPBiz), (IP Law360), (Patent Docs), (California Biotech Law Blog), Patent Reform Act removed from Senate calendar: (Peter Zura's 271 Patent Blog), (IAM), (Managing Intellectual Property), (IP Law360), Global Global - General New WIPO Director General: Francis Gurry of Australia: (WIPO), (Managing Intellectual Property), (Innovationpartners), (IAM), (Intellectual Property Watch), (LawFont.com), (IPKat), (Class 46), (Patry Copyright Blog), (Catch Us If You Can!!!), (IPRoo), WIPO Director General candidates’ presentations to members: (Intellectual Property Watch), IP rights arise in UN debate on the right to participate in cultural life: (Intellectual Property Watch), IP academies agree to galvanise efforts to promote IP education: (WIPO), What business people do to maximise protection of IP: (Ezine @rticles), Lorin Brennan’s memo on interaction between UNICITRAL guide and IP rights: (IP finance), Kent’s Prof Dinwoodie receiving 2008 Pattishal Medal for Teaching Excellence from INTA: (Chicago IP Litigation Blog), China shows again that stronger IP protection comes after there’s content to protect, not before: (Techdirt), Automating the IP registration process: (IP ThinkTank), Suspending TRIPs obligations: a rising alternative for WTO retaliation: (Intellectual Property Watch) Global - Trade Marks / Domain Names / Brands The case against Google – AdWords: (IAM), The perils of attraction – Playboy brand attractive to counterfeiters: (IAM), An enduring trade mark legacy – E&J Gallo Winery: (IAM), Infringers’ profits: lessons from trade mark valuation: (IAM), Avoiding trade mark dilution through brand protection strategies: (IAM) Global - Patents Might free IP save the poor from their lot? – Discussion of T Berg’s paper ‘IP and the preferential option for the poor’: (ISinIP), Patent valuation: differing analytical methods: (Hal Wegner) Global - Copyright Copyright as an engine of free expression? – Discussion of Neil Netanel’s book ‘Copyright’s parado&xrsquo: (Techdirt), Derivative works, evergreening and copyright freedom to operate: (IP ThinkTank), Events 19 May: 4th annual ‘meet the bloggers’ session – Berlin: (IPKat), (Catch Us If You Can!!!), 20-21 May: US ACI ‘In-house counsel forum on pharmaceutical antitrust’ – Maryland: (Orange Book Blog), 26-27 May : EU Workshop for mediators in IP disputes – Geneva: (IPR-Helpdesk), 27 May: Oliver Rivers to give short talk on ‘spurious precision’ – London: (IP finance), 28 May / 11June: US PLI ‘Advanced patent licensing 2008: What you need to know before licensing your patent’ – New York / San Francisco: (Patent Docs), 28-30 May: US Worldwide Business Research: PharmaBiotech IP summit –Philadelphia: (Patent Docs), 29-30 May: EU Advanced workshop for mediators in IP disputes – Geneva: (IPR-Helpdesk), 29-30 May: US ACI ‘FDA boot camp’ conference – San Francisco: (Orange Book Blog), 1-3 June: ACC Europe 2008 annual conference ‘ Becoming a global legal manager: Developing the skills you will need to manage the legal department of tomorrow’ – Madrid: (www.tcp-events.co.uk), 3 June: UCL Institute of Brand and Innovation Law launch seminar on latest developments in UK and European patent, trade mark, and copyright law – London: (IPKat), 3 June: IPRIA/AIPPI Australia free public seminar on the future of the international IP system – Melbourne: (IPRIA) 3-4 June: European Charter conference – facilitating SMEs life! – Brdo: (IPR-Helpdesk), 9-12 June: (US) Strategies for management of IP – Chicago: (IPR-Helpdesk), 16 June / 1 July:US PLI: ‘Prior art & obviousness 2008: The PTO and CAFC perspective on patent law sections 102 & 103’ - San Francisco / New York: (Patent Docs), 17-20 June: US BIO international convention – San Diego: (Patent Docs), 18-20 June / 9-11 July: US PLI: ‘Fundamentals of patent prosecution 2008: A boot camp for claim drafting & amendment writing’ – New York / San Francisco: (Patent Docs), 23 June: US LSI: ‘Multilateral patents’ – San Francisco: (Patent Docs), 23 June: STEP / Committee on National Statistics conference on ‘Intangible assets: measuring and enhancing their contribution to corporate value and economic growth’ - Washington: (IP finance), 25-26 June: IP Business Congress – Amsterdam: (IP Business Congress 2008), 16 July: US LSI: Patent claim construction workshop – Seattle: (Patent Docs), 21-23 July: EU ATRIP meeting on future of European patent system – Munich: (IPR-Helpdesk), 24-25 July / 11-12 August: US PLI: ‘Advanced patent prosecution workshop 2008: Claim drafting & amendment writing’: New York / San Francisco: (Patent Docs), 11-12 September: US LSI: 4th annual conference on ‘Current issues in complex IP licensing’ – Philadelphia: (Patent Docs), 15-16 September: US ACI 10th advanced forum on biotech patents – Boston: (Generic Pharmaceuticals & IP) Pharma & Biotech Pharma & Biotech - General China set to compete in generics market: (California Biotech Law Blog), Europe: Who’s who in the biosimilar space?: (GenericsWeb), Europe: New EBA referral T 1319/04 regarding patentability of known medicament for new treatment of same illness: (IPKat), Europe: Patentability of biotechnology in Europe: (IAM), Europe: New EPO Enlarged Board case referrals: T1319/04 Dosage Regimen, T1242/06 Essential Biological Process: (Hal Wegner), Thailand: Compulsory licensing: Affordable health for Thailand thanks to Matrix Labs: (Spicy IP), Thailand: European Parliament set to reprimand Mandelson for pressuring Thailand on compulsory licensing: (Intellectual Property Watch), US: An analysis of the new written description training materials – Antisense: (Patent Docs), US: An analysis of the new written description training materials – Antibodies to a single protein & antibodies to a genus of proteins: (Patent Docs), US: Court refuses to stay pending outcome of parallel Canadian inventorship litigation re low dose progesterone therapy: (Patently-O), US: Invitrogen does deal with WARF on stem cell patents: (IPBiz), (IP Law360), US: StemCells files second patent lawsuit against Neuralstem in relation to human neural stem cells: (IPBiz), (IP Law360), (Patent Docs), (California Biotech Law Blog), US: ‘Misbegotten preemptions’ as applied to the patent quality issue: (IPBiz) Pharma & Biotech - Products Actos (Pioglitazone) – US: GPhA files amicus brief in appeal of ‘baseless paragraph IV certification’ case: warns of chilling effect on future patent challenges: (Orange Book Blog), Coversyl (Perindopril) – UK: Court of Appeal slams Servier’s appeal in patent case against Apotex: (IPKat), Coversyl (Perindopril) – Australia: Pharmaceuticals and s 52 Trade Practices Act: Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2): (IPRoo), Depakote (Valproate semisodium) – US Supreme declines to hear Apotex appeal in patent spat with Abbott Laboratories over Depakote: (IP Law360), Keppra (Levetiracetam) – US FTC furthers probe into Mylan’s Keppra settlement: (IP Law360), Lovenox (Enoxaparin) – US CAFC upholds inequitable conduct ruling that found Sanofi-Aventis’ patents invalid due to inequitable conduct in its battle with Teva and Amphastar: (IP Law360), (Orange Book Blog), (Patent Prospector), Plavix (Clopidogrel) – Sanofi, Bristol-Myers battle for Plavix patent in Germany against generic version by Schweizerhall: (GenericsWeb), Precose (Acarbose) – US FDA determines that Cobalt forfeited 180-day exclusivity for generic Precose; Agency is sued yet another time: (FDA Law Blog), (IP Law360), Umckaloabo - Patent related to extraction of anti-bronchitis drug from Umckaloabo (Pelargonium) challenged at EPO on basis of traditional knowledge: (IPBiz), (Afro-IP), (Spicy IP) Africa Ghana / Kenya: Video games collaboration: (Afro-IP), Mauritius: Mauritius, US continue TIFA talks: (Afro-IP), Nigeria: Challenges to IP rights enforcement in Nigeria: (Afro-IP), South Africa: Draft amendment to IP legislation to incorporate traditional knowledge protection: (Afro-IP), South Africa: OMO seizure not whiter than white – The Minister of Trade and Industry & Anor v EL Enterprises & Anor: (Afro-IP) Australia House of Commons budget item – artist resale royalty scheme: (LawFont.com), Passing off and s 52; brand blocking: Ricegrowers Ltd v Real Foods Pty Ltd: (IPRoo), Proving a patent is obvious – traps in briefing experts: (Mallesons Stephen Jaques), FCAFC decision on inventive step and costs: Ajinomoto v NutraSweet: (IPRoo), (IP Down Under), FCA hands down decision regarding shape marks: Global Branding Marketing Inc v YD Pty Ltd: (Australian Trade Marks Law Blog), Construction of patent claims by reference to examples: Nufarm Ltd v Jurox Pty Ltd: (IP Down Under), Leave to appeal refused in GLENN OAKS trade mark case: Scotch Whisky Association v De Witt: (IP Down Under), Logo is a ‘label’ and cannot be used to prevent parallel imports: The Polo/Lauren Company LP v Ziliani Holdings Pty ltd: (IP Down Under), Design novelty and exhibition displays: Chiropedic Bedding Pty Ltd v Radburg Pty Ltd: (IP Down Under), Damages awarded for infringement of design of fashion dress: Review v Innovative Lifestyle Investments Pty Ltd: (IP Down Under), Intersection between copyright and design protection: Digga Australia Pty Ltd v Norm Engineering Pty Ltd: (IP Down Under), No spillover reputation in energy drinks case: Hansen Beverage Company v Bickfords (Australia) Pty Ltd: (IP Down Under), Copyright protection for TV guides: Nine Network Australia Pty Limited v IceTV Pty Limited: (IPRoo), (LawFont.com), (Mallesons Stephen Jaques), (Patry Copyright Blog), (Techdirt), Federal Court practice news – Case management and the individual docket system: (IPRoo), Federal Court practice news – Practice direction: Guidelines for expert witnesses in proceedings in the Federal Court of Australia: (IPRoo) Australasia Building an Australasian commons: (creativecommons.org) Austria Patent enforcement – Austria: (IAM) Belgium Patent enforcement – Belgium: (IAM) Bulgaria Diageo loses parallel import fine challenge: (Managing Intellectual Property) Canada Angus raises copyright during question period: (Michael Geist), Official marks: Federal Court confirms clear evidence of use required: See You In – Canadian Athletes Fund Corporation v Canadian Olympic Committee: (Canadian Trademark Blog), The Canadian DMCA delayed again? I’m not so sure: (Michael Geist), Michael Geist speaks to Parliamentary IP Caucus: (Michael Geist), CIRA announces formal revisions to implement new WHOIS policy: (Canadian Trademark Blog), Canadian Association of Broadcasters on using your VCR or PVR: (Michael Geist), Conservatives could face long, hot copyright summer: (Michael Geist), Fair use and media use of Flickr photos: (Michael Geist), (ipblog.ca), Knopf on Getty Images copyright threats to Canadians over use of unlicensed images on websites: (Michael Geist), Federal Court dismisses Johnson & Johnson’s patent infringement claims against Boston Scientific over NIR stents: (IPBiz), (IP Law360), Records indicate government misusing crown copyright: (Michael Geist), France says Canada considering ‘three strikes and you’re out’ ISP policy: (Michael Geist), (Techdirt), Copyright debate between Knopf and Entertainment Software Associated: (Michael Geist), Taylor Wessing study ranks Canadian copyright among best in the world: (Michael Geist), Calm Copyright - new forum for Canadian copyright debate: (Michael Geist) China Chinese patent system: problems and best practices: (California Biotech Law Blog), SIPO introduces machine translation of patents: (Post-Grant), Press conference on IPR protection 2007 held in Beijing: (Philip Brooks) Colombia Supreme Court: No profit, no criminal copyright infringement: (IPKat) Croatia Patent enforcement – Croatia: (IAM) Czech Republic Patent enforcement – Czech Republic: (IAM) Denmark Patent enforcement – Denmark: (IAM) Europe Europe General MEPs vote against bigger role for IP in sports: (Out-Law), Education agency complains to EC that Microsoft blocking competition: (Out-Law), Microsoft appeals EU antitrust compliance fine: (Ars Technica), (Out-Law) Europe Patents FFII: in need of attention or just plain incompetent? – Press release ‘McCreevy wants to legalise software patents via US-EU patent treaty’ : (Innovationpartners), European Inventor of the Year awards and European Patent Forum 2008 films available: (EPO), European Patent Forum weighs usefulness of IP system for climate change: (Intellectual Property Watch), EU presidency hails patent advances, but money could scupper deal: (IAM), European Patent Forum presentations available – Day 2: Patent practice and eco-innovation: (EPO), Enhancing the patent system in Europe: Progress achieved so far: (BLOG@IP::JUR), Happy anniversary for European patent system: (IAM), Recent developments in European cross-border patent litigation: (IAM), How to cope with new claims fees at EPO: (IAM), The changing face of Europe’s patent landscape: (IAM), Patentability of software and business methods in Europe: (IAM), Cost of patent disputes: (IAM), Effects of EPC 2000: (IAM) Europe Copyright EU Internal Market Chief: Counterfeiting and piracy need industry-led solutions: (Intellectual Property Watch), (IP Dragon) Europe Trade Marks PGI application for Huîtres Marennes Oléron for oysters: (Class 46), ‘Agricultural’ salt, and cotton, now fit for GI protection: (Class 46), CTM – ‘likelihood of confusion’: Antartica Srl v OHIM: (Ezine @rticles), Jurisdiction - CTM opposition: Advanced Magazine Publishers v OHIM: (Ezine @rticles), CTM opposition – visual: Castellani SpA v OHIM: (Ezine @rticles), Board of Appeal of OHIM publishes overview of selected decisions adopted in 2007: (IPR-Helpdesk), United by a common trade mark, still divided by the languages - CFI rules likelihood of confusion between REVERT and REVERIE: Redcats SA v OHIM: (Catch Us If You Can!!! ), Radicchio di Verona PGI application posted on Official Journal: (Class 46), ECJ rules in favour of CTM applicant, Board of Appeal still rejects applicant’s appeal: Eurohypo AG v OHIM: (IPKat), (Class 46), EFTA Court asked to rule on international exhaustion: L’Oréal Norge AS v Aarskog Per AS & Ors & Smart Club Norge: (Class 46), Lessons from the ECJ on legitimate third-party trade mark use: (IAM), European case law on distinctiveness: (IAM), National offices receive €1.8M from OHIM: (Managing Intellectual Property) Finland Finnish Olympic Committee’s opposition to registration of RUNO-OLYMPIALAISET (translated: poem-olympics): (Class 46), Patent enforcement – Finland: (IAM) France The struggles of France’s three strikes law: (Electronic Frontier Foundation), Patent enforcement – France: (IAM) Germany DPMA: opposition against international trade marks designating the European Community: (Class 46), Another GPL enforcement success as Skype accepts German Court ruling: (IMPACT), Patent enforcement – Germany: (IAM) Greece Patent enforcement – Greece: (IAM) Hungary Patent enforcement – Hungary: (IAM) India GI protection on rice redundant: (Spicy IP), National IPR campaign announced: (Patent Circle), Indian IP official arrested on bribery charge: (Managing Intellectual Property), Patent Office decisions now in public domain: (Generic Pharmaceuticals & IP), (Patent Circle), Indian patent law, s 107A(b) – parallel imports: (Part 2 - Patent Circle), (International Law Office) Why India’s patent battles matter: (Managing Intellectual Property), India: Why is the DCGI trying to implement a ‘patent-registration’ linkage system in India?: (Spicy IP), India: Differential pricing: Smart ways to make inroads in the Indian market: (Spicy IP), Ireland Patent enforcement – Ireland: (IAM) Italy Brand protection in the Italian and global markets: (IAM), Patent enforcement – Italy: (IAM) Mexico New criterion for recognising letters of consent in Mexico: (IAM) Montenegro IPO to open in Montenegro: will it be this month?: (Class 46) Netherlands Patent enforcement – Netherlands: (IAM) New Zealand Win some, lose some: Successful and unsuccessful trade mark oppositions: (International Law Office) Norway Norway: a counterfeiting blackspot?: (IAM), Patent enforcement – Norway: (IAM) Poland No risk of confusion between Chanel and Chantal: (Class 46), Trade mark registration in Poland: which route to choose?: (IAM), Patent enforcement – Poland: (IAM) Portugal National Institute of Industrial Property: online searches available in English: (Class 46) Russia Protection of well-known trade marks in Russia: (IAM) Slovak Republic Patent enforcement – Slovak Republic: (IAM) Slovenia Patent enforcement – Slovenia: (IAM) Spain Patent enforcement – Spain: (IAM) Sweden ECJ hands down ruling in Case C-341/07 Commission v Sweden over non-implementation of IP Enforcement Directive: (IPKat), Pirate Bay: MPAA’s $15.4M damage claim a fabrication: (Ars Technica), Patent enforcement – Sweden: (IAM) Switzerland Patent enforcement – Switzerland: (IAM) United Kingdom UKIPO: ‘Image guidelines’ for TM3 e-filing: (Class 46), Government orders data retention by ISPs: (Out-Law), Construction of IP contracts: Satyam Computer Services Ltd v Upaid Systems Ltd: (IPKat), (Spicy IP), Set-top box modders sent to prison for providing hacking advisory service contrary to Copyright, Designs and Patents Act: (Out-Law), Strategic Advisory Board for IP (SABIP) members announced: (IPKat), BBC upset that fans are knitting Dr Who characters: (Techdirt), (IPKat), (Electronic Frontier Foundation), Childnet’s copyright advice for the kiddies: (IPKat), Patents Court finds design valid but not infringed: Rolawn Ltd & Anor v Turfmech Machinery Ltd: (IPKat), The UK’s most valuable retail brands 2007 - Intangible Business brand ranking survey: (Class 46), February 2009 adoption deadline for ICO’s new public authority publication scheme: (IMPACT), Patent enforcement – United Kingdom: (IAM) United States US General FTI’s 2007 IP statistics: (Philip Brooks), Falling dollar makes US firms more competitive: (IP Law360), De-equitising partners may not boost profits according to experts: (IP Law360), Some boutiques keep thriving despite tough climate: (IP Law360), Patent Attorney Stephan Kinsella presents on why we need to rethink IP: (Techdirt), ‘Science and technology studies and IP law’ conference: (Session 1 – 43(B)log), (Session 2 – 43(B)log), (Session 3 - 43(B)log), (Session 4 - 43(B)log), (Session 5 – 43(B)log), (Session 6 - 43(B)log) US Patent Reform On the demise of the lobbying effort by the Coalition for Patent Fairness: (IPBiz), Bush Administration urges Congress not to give up on patent reform: (IAM), Patent Reform Act removed from Senate calendar: (Peter Zura's 271 Patent Blog), (IAM), (Managing Intellectual Property), (IP Law360), Broken and unbroken: (Patent Prospector), Pitiable – Discussion of Bessen and Meuer’s book ‘Patent failure’: (Patent Prospector), Feathering the nest for inventors: (Patent Prospector), House IP Chair, Rep Howard Berman, raises questions re PTO failings: (Hal Wegner), (Peter Zura's 271 Patent Blog), (Patently-O), (Patent Prospector), (Patent Docs), (IAM), (IPKat), US Patents Prof Duffy’s law article may spark patent litigation strategy: (IP Law360), Luncheon seminar by Commissioner Doll on state of the USPTO: (Patent Docs), IPO disagrees with Jon Dudas: (Patent Docs), Multiples – Discussion of New Yorker article ‘In the air: Who says big ideas are rare?’: (Patent Prospector), Going solo - Qualcomm and Nortel’s refusal to sign up for evolving mobile tech patent pact: (Patent Prospector), Judges’ top four pet peeves in patent litigation: (IP Law360), Patent Commissioner promotes hiring push: (IP Law360), Rule changes challenge patent law practitioners: (IP Law360), ITC plays bigger role in patent litigation: (IP Law360), Google’s patent search site out of date: (IP Law360), Outsourcing legal work to India - Response to Washington Post article and Patent Prospector post: (IPBiz) What price IP? – Planet Eureka!, InnoCentive, and WikiPatents Community: (Patent Baristas), USPTO seeks input from parties concerned with design patent on auto parts: (Post-Grant), How to really protect your invention – response to Akron Beacon Journal article: (Securing Innovation), Analysis of new written description training materials – ESTs & partial protein structures: (Patent Docs), IP is not an asset: inventors were meant to be free: (Patent Prospector), Troll Tracker litigation: (Peter Zura's 271 Patent Blog), (Techdirt), (Chicago IP Litigation Blog), Nadir – how much respect is due for utter breakdown of ‘examination on merits’?: (Patent Prospector), McCurdy leaves Thinkfire to become chairman of anti patent troll online venture: (IAM) US Copyright BSA says piracy down, but questions remain about its data: (Ars Technica), Do songwriters deserve a cut of Yahoo search revenue?: (Techdirt), How do you infringe the copyright of public domain works?: (Techdirt), Thomson Reuters: Science manuscripts submitted to journals to be checked for plagiarism: (IPBiz), A sociology of ownership: (Patry Copyright Blog), House passes PRO IP Bill overwhelmingly: (Techdirt), (IP Spotlight), (creativecommons.org), (The Trademark Blog), (Peter Zura's 271 Patent Blog), The ‘Happy Birthday’ copyright saga: Generating million on a copyright that may not exist: (Techdirt), Piracy now ‘public nuisance’ in Los Angeles County: (Ars Technica), If copyright is about incentive, should it allow total control over the work?: (Techdirt), EEF designer Hugh D’Andrade speaks with Staff Attorney Corynne McSherry about Orphan Works Act 2008: (Electronic Frontier Foundation), Senate marks up their version of orphan works bill, s 2319 The Shawn Bentley Orphan Works Act 2008: (Public Knowledge), Update on Orphan works bills: (Public Knowledge), Orphan works bills – myths and facts: (Public Knowledge), (Public Knowledge), Flunking file-swappers: inside the RIAA’s anti-P2P machine: (Ars Technica), Big Content fighting campus P2P by lobbying for state laws: (Ars Technica) US Trademarks Beware the many faces of a trade mark scam: (IP Law360), Distinction between trade mark and copyright law; marketing copy of supplier of intermediate goods/services not trade mark use: American Express Co v Goetz: (International Law Office), Famous marks doctrine in the US and UK: (IAM), US opposition proceedings: politics, pitfalls and pit bulls: (IAM) US – Companies / Entities Abbott Laboratories – Judge tinkers with stent claim order again in patent dispute between Abbott and Medtronic: (IP Law360), Acumed – CAFC reverses dismissal of Acumed’s patent suit against Stryker finding district judge misinterpreted law on claim preclusion: (IP Law360), (ISinIP), (Patently-O), (Patent Prospector), Adidas – Differing protection for Adidas three stripes design in US and EU: Adidas v Payless: (IPKat), (Counterfeit Chic), Adidas – The largest trade mark verdict in US history: Adidas v Payless: (IP finance), Adidas – Payless fights $304.6M award to Adidas for infringement of its three-stripe logo: (IP Law360), Akira Akazawa – Heir’s patent right not a question of federal law: Akira Akazawa v. Link New Technology International, Inc: (IP Law360), American Express – American Express Bank files trade secrets suit against Credit Suisse, claiming to have footage of Credit Suisse representative taking documents from plaintiff’s office in Chile: (IP Law360), Bilski – Discussion of oral arguments in In Re Bilski concerning patentability of business methods: (PLI), (Peter Zura's 271 Patent Blog), (Managing Intellectual Property), (IP Law360), (Foley & Lardner), (Intellectual Property Watch), (more from PLI), (Philip Brooks), (Patent Prospector), Coca-Cola Co – CAFC upholds conviction of former Coca-Cola secretary charged with conspiring to steal trade secrets for selling to PepsiCo: (IP Law360), ConsulNet Computing – M D Moore found liable for copyright infringement for stealing real estate website design: (IP Law360), (Out-Law), Crocs – Crocs awarded $56M in suit against Jinjiang Huakai Shoes and Garments Co and Jinjiang Jiaxing Shoes and Garments Co over ‘shoe charms’: (IP Law360), Dana Corp – Dana’s win on $20M trade secrets claim brought by Jasco Tools affirmed on appeal: (IP Law360), Diazyme – Appeals court upholds lower court’s ruling that Diazyme did not infringe Axis-Sheild’s patents for enzymatic homocysteine tests: (IP Law360), DreamWorks – Suit brought by Joseph Davis claims DreamWorks stole idea for ‘Madagascar’: (IP Law360), DuPont – Patent battle between EI du Pont de Nemours & Co and MacDermid to continue as CAFC remands DuPont’s injunction request; lack of diligence does not convert PTO error into applicant error: (IP Law360), (Peter Zura's 271 Patent Blog), (Patent Prospector), eBay – Craigslist launches countersuit against eBay alleging unlawful competition and trade mark infringement: (IP Law360), (Techdirt), eSpeed – Court finds no inequitable conduct by Trading Technologies in its patent dispute with eSpeed: (Chicago IP Litigation Blog), eTool – eTool Patent Holdings Corp files patent infringement lawsuit against National Semiconductor Corp over WEBENCH online circuit design tools: (IP Law360), Fu – Ex parte Fu and obviousness rejections over a genus: (IPBiz), Genlyte – CAFC upholds patent verdict for Genlyte Thomas Group in its patent dispute with Arch Lighting Group: (IP Law360), Glycoproducts – Federal jury upholds Mannatech’s patent and awards treble damages against Glycoproducts for wilful infringement: (IP Law360), Green Bay Packers – Global Patent Holdings v Green Bay Packers patent infringement proceedings stayed for second patent reexam: (Chicago IP Litigation Blog), Gucci – Damages of $4.3M awarded in counterfeiting matter: Gucci America Inc v MyReplicaHandbag.com: (IP finance), Intermec – Intermec loses bid to exclude expert opinions in Markman hearing for DJ brought by Alien Technology over patents covering radio frequency identification: (IP Law360), Justia – Fight shaping up over Oregon’s state law copyright claims: (Ars Technica), Lorillard Tobacco Co – Court rules Federal Rules of Civil Procedure do not authorise civil search and seizure in trade mark counterfeiting case: Lorillard Tobacco Co v Montrose Wholesale Candies & Sundries: (Chicago IP Litigation Blog), Nichia – Judge denies fees to Nichia in LED patent fight with Seoul Semiconductor: (IP Law360), Nintendo – Nintendo hit with $21M infringement verdict in Anascape case: (IPBiz), (EDTexweblog.com), (IP Law360), Nokia – FotoMedia Technologies files patent infringement suit against American Greetings Corp, Fujifilm, Nokia and others over photo sharing technology: (IP Law360), Nuijten – Nuijten appeals patent application in respect of signal transmissions to Supreme Court: (IP Law360), Office Depot – Herbert Richter Metallwaren-Apparatebau files suit against Office Depot and Maxx Digital claiming infringement of its GPS patents: (IP Law360), Oracle – CAFC clears Oracle of infringing Mangosoft’s patent for memory shared by multiple computers in a network: (IP Law360), (Patent Prospector), Osteotech – Court allows Osteotech add patent to suit against Regeneration Technologies: (IP Law360), Rambus – Rambus legal victories raise stock price target: (Philip Brooks), RealNetworks – Burst.com, RealNetworks settle patent spat: (IP Law360), Red Cross – Judge rules American National Red Cross within its rights to license its famous symbol to other companies in trade mark battle with Johnson & Johnson: (IP Law360), Renhcol – Judge rules infringement of patent claims directed to ‘computer’ and ‘computer storage media’ can be infringed in US by foreign defendants even though defendants and their computers and computer storage media located outside US: Renhcol, Inc. v. Don Best Sports, et al.: (Daily Dose of IP), RIAA – EEF files briefs on behalf of eBay seller Troy Augusto defending his right to resell promotional CDs: (Electronic Frontier Foundation), RIAA – Exonerated P2P defendant gets highest-ever attorney fees award against RIAA: (Ars Technica), (Techdirt), RIAA – P2P defendant J Thomas may have new trial due to ‘error of law’ re infringement by ‘making available’: Virgin v Thomas: (Ars Technica), (Techdirt), (Patry Copyright Blog), River West Brands – J M Smucker Co files suit against River West Brands claiming ‘trade mark piracy’ over Puritan cooking oil: (IP Law360), Salix – Salix sues Novel Labs over bowel cleanser patent: (IP Law360), (GenericsWeb), Schering-Plough – Fruit of the Earth files suit against Schering-Plough over coppertone trade dress: (IP Law360), Silicon Graphics – Silicon Graphics v ATI patent case is a draw: (Philip Brooks), Skype – Skype concedes in GPL dispute: (Techdirt), Solo Cup – Patent marking – Court cautions against marking product if patent is expired: Pequignot v Solo Cup: (IP Spotlight), Stambler – Florida man Leon Stambler files suit against numerous large banks including Bank of America and JPMorgan Chase & Co, claiming their secure online banking services infringe his patent: (IP Law360), Sunny Isles Luxury Ventures – CAFC upholds summary judgment that Sunny Isles did not infringe Oravec’s architectural design: (Patry Copyright Blog), Syncsort – Metatags are nominative fair use; lack of damages defeats other claims: Syncsort Inc v Innovative Routines International Inc: (43(B)log), Toyota – Supreme Court refuses to review ruling that Toyota’s hybrid cars infringe Paice’s patent, letting $4.3M verdict stand: (IP Law360), Transocean – Transocean’s patent infringement suit against Stena Drilling dismissed due to lack of jurisdiction: (IP Law360), United Parcel Service – WNS, Intelleigent Technologies and M A Eberwine file suit against UPS for infringement of patents relating to broadcast technology used to prevent aircraft collisions: (IP Law360), Universal Music – Double standard? UMG fights ‘excessive’ infringement damages: (Ars Technica), (Techdirt), Victoria’s Secret – Victoria’s Secret sued by Juicy Couture for trade mark infringement over ‘pink’ brand: (IPBiz), Wal-Mart – Express sues Wal-Mart for trade mark infringement over ‘Express For Less’ tagline: (IP Law360), Zappos.com – DSW sues Zappos.com for trade mark infringement over use of DSW service marks in connection with selling shoes: (IP Law360), (Techdirt)
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Music News: 5-15-08
http://urbanmusicstrategies.com/blog/?p=175TOP STORIES: Staff and budget cuts led to higher profits at Sony BMG. But are cuts the only way forward? imeem joins Google’s Open Social Fancorps and Gydget team for fan engagement This weeks CIMS indie store sales charts PLUS - QTrax has signed its fourth major publisher Warner/Chappell. (Listening Post) SpiralFrog is expanding its sales team with the addition of industry vets Jesse Paynter as senior vice president of sales and Paul Rothkopf as senior vice president of sales strategy. (press release) Neal Diamond unseats Madonna to score his first Billboard #1 debut. (FMQB) Singer songwriter Josh Rouse has launched a membership only digital music store. (Glider) Double standard? UMG fights “excessive” infringement damages. (ars Share This
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Music News: 5-15-08
http://indiemusicstrategies.blogspot.com/2008/05/music-news-...TOP STORIES: Staff and budget cuts led to higher profits at Sony BMG. But are cuts the only way forward?imeem joins Google’s Open SocialFancorps and Gydget team for fan engagementThis weeks CIMS indie store sales charts PLUS - QTrax has signed its fourth major publisher Warner/Chappell. (Listening Post)SpiralFrog is expanding its sales team with the addition of industry vets Jesse Paynter as senior vice president of sales and Paul Rothkopf as senior vice president of sales strategy. (press release)Neal Diamond unseats Madonna to score his first Billboard #1 debut. (FMQB)Singer songwriter Josh Rouse has launched a membership only digital music store. (Glider)Double standard? UMG fights “excessive” infringement damages. (ars
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links for 2008-05-15
http://wp.jarretthousenorth.com/2008/05/15/links-for-2008-05...The Case for Edwards as Obama’s Running Mate - Political Insider It’s probably not too early to start talking about running mates, but it sure feels like it. (tags: 2008 election obama edwards) Double standard? UMG fights “excessive” infringement damages Nice to see a member of the RIAA hoist on their own petard. (tags: riaa schadenfreude) How Apple is changing DRM | Technology | The Guardian An interesting point: “‘The statistics show that there’s no effect on piracy.’… then [DRM] is merely a nuisance for the user.” Or a lock-in tool for Apple? (tags: apple drm music productmanagement) Boylston Street - First Night Photos The new Apple Store looks, from the street at night, like a parking garage. (tags: apple boston) Rands In Repose: We Travel in Tribes Anthropological explanation of Twitter; or, putting a human face on the “network effect.” (tags: twitter anthropology networkeffect) K2 Theme download Yes, another WordPress theme. Might do the trick. (tags: wordpress theme) Refueled Dot Net I actually like the blank 3 column theme here. But does it support WP 2.5 and widgets? (tags: wordpress theme) Excel Free WordPress Theme | Alpha Blog Designs Another free theme–this one built on a solid type grid. (tags: wordpress theme) CSS Drop Caps 101 (with examples) | Alpha Blog Designs Examples of drop caps on various sites. (tags: typography css) Thesis Wordpress Theme 3 column, rotating images, nice typography (tags: typography wordpress theme)
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The Pot Calling the Kettle Black
http://digitalfreedom.org/utilities/2008/05/pot-calling-kett...While the Digital Freedom Campaign in no way condones copyright infringement (nor do we deny the right of record labels to sue infringers of its content), we have always felt that excessive infringement damages causes a chilling effect on innovation and needs to be addressed by Congress. According to Ars Technica, Universal feels the same way...when they are defendants, that is. The case in question involves a successful lawsuit against Universal by the owners of an unlicensed sample on the late Notorious B.I.G.'s album Ready to Die. Universal appealed the ruling, calling the punitive damages "grossly excessive" and "far above the line of unconstitutional impropriety." Those words sound exactly the same as the ones Universal vehemently objects to...when they are the plaintiffs. Hey pot, we heard the kettle was calling you black...
