Monash is holding a seminar on fair use: ‘Is there a case for fair use? Lessons from the US’, with the lead presenter being Prof. Geoffrey Scott from Penn State’s School of Law. Date: 2 July 25 June at 5:15pm. (Lid dip: Gerard Dalton) Venue: Monash University Law Chambers, Melbourne. Details and registration via here.
Yesterday, the US Supreme Court heard oral arguments on the patentability of Alice Corporation’s payment system.
Software patents: US Supreme Court grants certiorari to determine patentability of Alice Corp’s computer related patent
Well written piece in The New Yorker outlining the role of the US International Trade Commission in patent disputes and President Obama’s veto of the ITC’s order to block imports of “older” Apple products. Mind you, make sure you are not eating your cornflakes over breakfast or sipping your decaf skinny latte when you get to the paragraph: Samsung’s lawyers may take their talents to Seoul, Tokyo, London, or other venues in which home-court.. Read More
Following last week’s post where Arnold J found Marks & Spencer liable for buying ads on the keyword INTERFLORA because of the initial interest confusion, the 10th Circuit Court of Appeals in the USA has heavily qualified when (perhaps that should be “if” or “if ever”) initial interest confusion can constitute trade mark infringement in the USA. The case is 1-800 Contacts, Inc. v. Lens.com, Inc., 2013 WL 3665627 (10th Cir. July 16, 2013)… Read More
are in the news. The This American Life podcast did a fascinating exposé on Intellectual Ventures, including that good old Current Affair/Today Tonight ambush attempt. But seriously: According to the website: Two years ago, we did a program about a mysterious business in Texas that threatens companies with lawsuits for violating its patents. But the world of patent lawsuits is so secretive, there were basic questions we could not answer. Now we can. And we get.. Read More
Big week for parallel imports last week: (1) the US Supreme Court declared US law applies a doctrine of international exhaustion for copyright material (2) Adobe, Apple and Microsoft fronted the Australian Parliament to explain why digital “things” cost so much more in Australia than elsewhere (i.e., the USA). Apple’s defence said, amongst other things, it was the price it had to pay to the owners of Australian copyright – lovely chart here… Read More
Last week, the US Supreme Court unanimously rejected the patentability of Prometheus’ “diagnostic”, characterising it as an impermissible attempt to patent a law of nature. Claim 1 of the Patent was: A method of optimizing therapeutic efficacy for treatment of an immune-mediated gastrointestinal disorder, comprising: “(a) administering a drug providing 6-thioguanine to a subject having said immune-mediated gastrointestinal disorder; and “(b) determining the level of 6-thioguanine in said subject having said immune-mediated gastrointestinal.. Read More
The 1709 blog has a good summary of the arrest of Megaupload.com’s Kim “Dotcom” in New Zealand for allegedly copyrights in the USA. Case 1 (Hew Griffiths aka ‘bandido’) Case 2 (Richard O’Dwyer) Meanwhile, some controversy is brewing because the FBI has seized the domain name and apparently blocked any access to the site even by those who have stored material legitimately in the service. Does that mean we all need to start worrying what.. Read More
The internet is all a twitter over the prospect that a 23 year old British subject, Richard O’Dwyer, may be extradited from the UK to the USA to face criminal charges for copyright infringement. Well guess what, it has happened before albeit from this far away destination. Mr Griffiths has apparently served his time (in both Australia and the USA) and had this to say to an enterprising journalist. Lid dip: Graham Dent for.. Read More