Friday, March 11, 2005

IM Patents in the Courts. Reuters reports that "Video Game Firm Xfire Countersues Yahoo on Patents." From the article: "Xfire also filed its own charges, alleging that Yahoo's lawsuit was an attempt to drive Xfire out of business or to force Xfire to sell or license its technology to Yahoo for far less than fair market value to settle the litigation."

Thursday, March 10, 2005

Preliminary Ruling in USANext Right of Privacy Case. AmericaBlog reports that "BREAKING NEWS: Judge grants Temporary Restraining Order against USA Next in anti-gay anti-AARP ad lawsuit." From the page: "In Washington, DC today, US District Judge Reggie Walton (an appointee of President Bush (41)) granted the gay couple’s request for a Temporary Restraining Order (TRO) against USA Next. The TRO requires USA Next to cease and desist from further use of the couple's photos for any purpose."

Tuesday, March 08, 2005

What Took Them So Long? The AP reports that "Feds Crack Down on Software Piracy Sites." From the article: "The men pleaded guilty in U.S. District court to federal copyright charges, becoming the first people convicted in what the U.S. Justice Department said was the largest-ever investigation into software piracy. "

Thursday, March 03, 2005

Microsoft Scores Partial Victory. Law.com reports that "Federal Circuit Grants Microsoft New Patent Trial." From the article: "The Federal Circuit said the district court should have allowed Microsoft to present evidence that Perry Pei-Yuan Wei, of O'Reilly and Associates, had invented a version of the Web browser in 1993, a year before UC filed a patent application on the technology, and that Wei had demonstrated the invention to engineers at Sun Microsystems. Microsoft contends that this prior art would invalidate UC's patent. Finally, the Federal Circuit agreed with the lower court that software code on a golden master disk is a component of a computer program invention."

Wednesday, March 02, 2005

Filings in Grokster. Reuters reports that "Anti-Piracy Case Could Harm Innovation - Groups." From the article: "Efforts to stamp out online copying of music and movies could give Hollywood a veto over new technology and stifle innovation, file-trading software companies and their supporters told the Supreme Court on Tuesday."

Sunday, February 27, 2005

Now This is Surely a Sign of the Apocalypse. The AP reports that "File-Sharing Case Unites Unlikely Allies." From the article: "File-swapping services make pornography easily accessible to minors, the social conservatives submit. The entertainment companies, meanwhile, blame sharing for declining sales and lost revenue."

Friday, February 25, 2005

Time for Truth in Faxing? Law.com reports that "Ex-Ga. Governor Tackles 'Fax Case From Hell'." From the article: "Between April and November, Gillette's company, Soundzabound Music Library, has been beset with five waves of phone calls from outraged recipients of junk faxes that display her number."

Thursday, February 24, 2005

Copyright Lawyers' Employment Program. Reuters reports that "Hollywood Studios File New Round of Web Lawsuits." From the article: "MPAA officials declined to say how many suits it had filed or whether the illegal copies were made by video camera taping in theaters or by copying videos or DVDs that are given away by the studios this time of year to win Oscar votes."

Wednesday, February 16, 2005

Have to Give Them Credit for Creative Drafting. Law.com reports that "9th Circuit: $10K 'Bet' Can't Settle E-Retailer Fight." From the article: "Both sides had asked the court to keep the issue [whether federal courts have jurisdiction over out-of-state Internet retailers] alive and included a provision in their confidential settlement agreement that said Gator.com would pay L.L. Bean $10,000 more if the panel decided in favor of the well-known outdoor apparel retailer."

Tuesday, February 15, 2005

Sounds Like a Story from The Mind's I. The Washington Post reports that "U.S. Denies Patent for a Too-Human Hybrid." From the article: "Officials said it was not so difficult to make the call this time because Newman's technique could easily have created something that was much more person than not. But newer methods are allowing scientists to fine-tune those percentages, putting the patent office in an awkward position of being the federal arbiter of what is human."
My First Reaction... was "Is he really stupid enough to think it would actually work?" My second reaction was "I'm not sure I'd want to broadcast the fact that I thought I needed them." Reuters reports that "Surprised Customer Says Penis Pills Don't Work." From the article: "In the latest case, filed on Jan. 21 in New Jersey state court, plaintiff Michael Coluzzi claimed he paid $59.95 for a 30-day supply of Alzare pills but 'experienced no increase in penis size,' and then was unable to collect a promised refund from manufacturer Alzare LLC of Boca Raton, Florida."
An Untapped Market? Law.com reports that "IP Specialist Shows 'Steeley' Resolve in Fighting 'Porn Squatting'." From the article: "Holly Pranger wants the world to know that 'porn squatting' is not OK. So last week the San Francisco solo sent out a press release telling people why the practice -- which entails registering a Web site under a porn star's name without authorization -- should be avoided."

Monday, February 14, 2005

Talk About Expensive Lawsuits. Law.com reports that "GlaxoSmithKline Faces Second Antitrust Suit Over Alleged 'Sham' Patent." From the article: "Antitrust claims that have already cost GlaxoSmithKline $175 million to settle are potentially even more expensive now that a federal judge in Philadelphia has green-lighted a second suit that alleges nearly identical claims."

Friday, February 11, 2005

One to Watch. The AP reports that "Yahoo Sees Small Victory in Nazi Dispute." From the article: "The 9th U.S. Circuit Court of Appeals said it would rehear some arguments in a 5-year-old lawsuit against Yahoo by two French human rights groups, which are trying to ban the sale of Nazi-related items on any Internet site viewable in France."

Thursday, February 10, 2005

I missed this one. The Ireland Sunday Times reports that "Rowling fights US army over Harry Potter." From the article: "Lawyers acting for J K Rowling are heading for a legal battle with the US army over a training manual that features characters similar to those in the Harry Potter books and films." Via Marty.
I'd Be Surprised if This One Happens... Reuters reports that "U.S. Copyright Industries Seek WTO Case Against China." From the article: "In a formal filing to the U.S. Trade Representative's Office, the International Intellectual Property Alliance said the Bush administration should ask China for immediate consultations on the issue at the WTO. That would be a first step toward asking for a WTO panel to rule on whether China was meeting its commitments to stamp out piracy."
Like the Jackson Trial for the Patent Bar. Law.com reports on this week's Federal Circuit oral arguments in "Pivotal Patent Case Hits Federal Circuit." From the article: "In addition to the question of dictionary use, the judges focused on whether the description of a patent -- its so-called specification -- could limit the claims. They also touched on how much deference district judges should be given in their interpretation of patent claims."

Wednesday, February 09, 2005

So Is 'Rock and Roll Hall of Fame' Generic, or Merely Descriptive? I would presume that they have evidence of secondary meaning... Reuters is reporting that "Rock Hall unhappy with Jewish Web site." From the article: "The Cleveland-based museum has asked a federal judge to stop two journalists and a radio company executive from putting up a Web site called the Jewish Rock and Roll Hall of Fame, saying the site will infringe on the original's trademark name and that the public would confuse the two."

Monday, February 07, 2005

France the New IP Forum of Choice? The AP reports that "Google May Appeal Trademark Decision." From the article: "The latest Paris ruling against Google Inc. applies to all its sites, not just its French Google.fr page. Searches for 'Louis Vuitton' and 'Vuitton' conducted Monday on the main Google.com portal yielded none of the usual sponsored links to other companies."

Wednesday, February 02, 2005

Yet Another Way in Which Yale Beats Harvard. While I'm sure this is considered the height of disloyalty to my own law school, it's good to see that Yale had the balls to stand up to the federal government on this one. The AP reports that "Judge: Yale can block military recruiters." From the article: "A federal judge has ruled that Yale Law School can block military recruiters from campus without fear of losing federal funding."