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A daily blog of IP-related news and issues

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Articles in Daily Blog

Life Imitates Art – Samsung Using 2001 in Patent Litigation
September 2, 2011 – 7:31 AM | 39104 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F02%2Flife-imitates-art-%25e2%2580%2593-samsung-using-2001-in-patent-litigation%2FLife+Imitates+Art+%E2%80%93+Samsung+Using+2001+in+Patent+Litigation2011-09-02+11%3A31%3A49Alison+Keeleyhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3910
Life Imitates Art – Samsung Using 2001 in Patent Litigation

Samsung cites to science fiction to defend itself against Apple’s Patent claim. Did a famous 1960s movie display the tablet PC?

Village Person Holsters his Pistol and Dances into Court
September 1, 2011 – 3:43 PM | 39013 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F01%2Fvillage-person-holsters-his-pistol-and-dances-into-court%2FVillage+Person+Holsters+his+Pistol+and+Dances+into+Court2011-09-01+19%3A43%3A23James+Conlonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3901
Village Person Holsters his Pistol and Dances into Court

Victor Willis brought his disco ball to District Court this month. From 1977-79 Willis served and protected audiences as the Village People’s lead singer, policeman, and writer of 33 dance-club hits. Now he …

Terminating Music Copyright Licensing Agreements: Claim Viability and Industry Effects
September 1, 2011 – 12:03 PM | 38955 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F01%2Fterminating-music-copyright-licensing-agreements-claim-viability-and-industry-effects%2FTerminating+Music+Copyright+Licensing+Agreements%3A+Claim+Viability+and+Industry+Effects2011-09-01+16%3A03%3A00Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3895
Terminating Music Copyright Licensing Agreements: Claim Viability and Industry Effects

Some music artists might soon be able to end their copyright licensing agreements with record companies, but being able to will depend on whether they are considered record company employees. If they are successful in ending the agreements, it could instigate the rise of a new generation of artists.

Final Announcement: Fall 2011 Submissions Due Today
August 31, 2011 – 10:22 AM | 38862 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F31%2Ffinal-announcement-fall-2011-submissions-due-today%2FFinal+Announcement%3A+Fall+2011+Submissions+Due+Today2011-08-31+14%3A22%3A44Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3886
Final Announcement: Fall 2011 Submissions Due Today

Please submit completed IP-related papers and a cover page with your name and the title of the article by 5pm EST on August 31st, 2011 to ipbrief@wcl.american.edu.

Yellow, Pink, Blue: Are They All “Equal”?
August 28, 2011 – 1:14 PM | 38703 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F28%2Fyellow-pink-blue-are-they-all-equal%2FYellow%2C+Pink%2C+Blue%3A+Are+They+All+%22Equal%22%3F2011-08-28+17%3A14%3A29Griffin+Barnetthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3870
Yellow, Pink, Blue: Are They All “Equal”?

The colors used in sugar-substitute packaging may serve as the basis for a trade dress infringement claim.

New Music Service Spotify Gets Hit with Patent Infringement Claim
August 25, 2011 – 8:28 AM | 38627 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F25%2Fnew-music-service-spotify-gets-hit-with-patent-infringement-claim%2FNew+Music+Service+Spotify+Gets+Hit+with+Patent+Infringement+Claim+2011-08-25+12%3A28%3A31Alexandra+Mackeyhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3862
New Music Service Spotify Gets Hit with Patent Infringement Claim

California- based software company PacketVideo sues the newest music streaming service, Spotify, for patent infringement. Tech blogs are claiming that this is another example of an infringement case based largely on an overly broad patent.

Guest Post: A Myriad of Reasons: The Federal Circuit Soundly Rejects the Government’s “Magic Microscope” Test and Upholds Patentability for Isolated Human Gene Patents
August 24, 2011 – 4:30 PM | 38263 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F24%2Fguest-post-a-myriad-of-reasons-the-federal-circuit-soundly-rejects-the-government%25e2%2580%2599s-%25e2%2580%259cmagic-microscope%25e2%2580%259d-test-and-upholds-patentability-for-isolated-human-gene-patents%2FGuest+Post%3A+A+Myriad+of+Reasons%3A++The+Federal+Circuit+Soundly+Rejects+the+Government%E2%80%99s+%E2%80%9CMagic+Microscope%E2%80%9D+Test+and+Upholds+Patentability+for+Isolated+Human+Gene+Patents2011-08-24+20%3A30%3A13Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3826
Guest Post: A Myriad of Reasons:  The Federal Circuit Soundly Rejects the Government’s “Magic Microscope” Test and Upholds Patentability for Isolated Human Gene Patents

The Federal Circuit’s 2-1 Myriad decision upholding the patentability of isolated human genes represents sound judgment and takes into account the well-settled expectations of the parties affected by the ruling.

Trademark Infringement Settlement by…Quake 3 Tournament?
August 22, 2011 – 6:00 AM | 38198 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F22%2Ftrademark-infringement-settlement-by%25e2%2580%25a6quake-3-tournament%2FTrademark+Infringement+Settlement+by%E2%80%A6Quake+3+Tournament%3F2011-08-22+10%3A00%3A33Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3819
Trademark Infringement Settlement by…Quake 3 Tournament?

In response to a trademark infringement lawsuit, the makers of Minecraft offer to settle— with a Quake 3 tournament where the winner takes all. While vastly entertaining, the unique settlement offer highlights the ability to creatively negotiate terms that could benefit both sides of the dispute.

Digestion and Re-innovation: A Lesson Learned from China´s High-Speed Rail Technology-Transfer Agreements
August 7, 2011 – 9:40 AM | 380310 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F07%2Fdigestion-and-re-innovation-a-lesson-learned-from-china%25c2%25b4s-high-speed-rail-technology-transfer-agreements%2FDigestion+and+Re-innovation%3A+A+Lesson+Learned+from+China%C2%B4s+High-Speed+Rail+Technology-Transfer+Agreements2011-08-07+13%3A40%3A13Joe+Massiehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3803
Digestion and Re-innovation: A Lesson Learned from China´s High-Speed Rail Technology-Transfer Agreements

Based on the recent experiences of European and Japanese companies in the high-speed rail industry, those who wish to protect patents and avoid creating competitors may want to steer clear of technology-transfer agreements with Chinese enterprises.

Even Weird Al Gets Permission
August 4, 2011 – 8:55 AM | 378714 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F08%2F04%2Feven-weird-al-gets-permission%2FEven+Weird+Al+Gets+Permission2011-08-04+12%3A55%3A29Ali+Sternburghttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3787
Even Weird Al Gets Permission

If even Weird Al, whose works are clearly parodies and thus should clearly be fair use, cannot rely solely on fair use, then perhaps there are problems with our fair use doctrine, and there needs to be more education and awareness of the rights granted to the American public.

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

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The IP Brief is currently accepting submissions. We are looking for papers that address a legal topic relating to any area of intellectual property. Please submit completed papers and a cover page with the name and title of the article to ipbrief [at] wcl.american.edu. Any questions can also be sent to this e-mail address.

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