IPwars.com

Mainly intellectual property (IP) issues Down Under

100 blogs about IP

Feedspot has posted a listing of 100 IP blogs from around the world.

US Supreme Court adopts international exhaustion for patents

The US Supreme Court has declared that an authorised sale of a patented product abroad exhausts the patentee’s rights over that product within the United States of America.

Selected links,from last week

Selected links from last week

Google Books = fair use in USA

Just in time for the 2015 Copyright Symposium, the Second Circuit Court of Appeals has ruled that the Google Books Project is “fair use” of copyright and so not infringing. Judgment here (pdf). Opinion authored by Circuit Judge Leval. Eleanora of the IPkats first look here; Rebecca Tushnet focuses on the fourth factor discussion here. The “four factors” from §107 are: (1) the purpose and character of the use, including whether such.. Read More

Is there a case for fair use? Lessons from the US – Seminar

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.

Software patents in the USA

Yesterday, the US Supreme Court heard oral arguments on the patentability of Alice Corporation’s payment system.

Alice corp

Software patents: US Supreme Court grants certiorari to determine patentability of Alice Corp’s computer related patent

Apple and that ITC ban

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.. Read More

More ‘fun’ with initial interest confusion

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… Read More

Patent trolls

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… Read More