Category IP Law

WIPO Decides Domain Case In Ashley Madison Leak

Following the scandalous July leak of private information about millions of users of the secret dating website Ashley Madison, a website appeared ostensibly offering people to dialogue about the leak. And Ashley Madison used intellectual property law to defeat the new site, under a decision of the World Intellectual Property Organization domain dispute procedures announced today.

The Lexmark Litigation: Why Does Big Pharma Care So Much About Ink Cartridges?

The Federal Circuit will soon hear Lexmark v. Impression Products, a case about ink cartridges. Impression, a foreign buyer, refills spent Lexmark cartridges and resells them in the United States. Impression claims that Lexmark, having sold the cartridges, has exhausted its patent rights, and cannot hold Impression liable for patent infringement. The Federal Circuit will address whether the US patent is exhausted with the sale of the patented product outside the US, write Burcu Kilic and Peter Maybarduk.

Resisting The Law Of Greed

In 2011 in a small court in Ecuador’s Amazon jungle, a judge ordered the American oil giant Chevron to pay US$9 billion dollars in damages for pollution in the region that was caused by drilling activities in the 1970s and 1980s. The company quickly denounced landmark ruling as illegitimate. More than a year before the final ruling had been issued, Chevron had already taken steps to initiate an investor-state dispute against the Government of Ecuador under the terms of a US-Ecuador bilateral investment treaty (BIT). The company seeks to avoid paying the US$9 billion by convincing an international tribunal that the courts of Ecuador are corrupt and that the government is ultimately responsible for any environmental damage and associated health issues experienced by local residents, writes Kyla Tienhaara in Green Agenda.

Did Kendall And Kylie Jenner Know Outcome Of Their Domain Dispute Before Filing At WIPO?

Teens are way out front when it comes to tech stuff and the internet. So it's totally not surprising that American teen tv stars Kendall and Kylie Jenner announced winning their domain name disputes even before the disputes were filed at the World Intellectual Property Organization. The Jenner sisters are part of the "Keeping Up with the Kardashians" reality television show.

Former USPTO Director Kappos: Inventors Giving Up On Patent System After 200 Years

In a clarion call to policymakers, former United States Patent and Trademark Director David Kappos said recently that this year’s unprovoked drop in patent filings in the United States is unprecedented and signals a shift toward more secrecy by inventors trying to protect their ideas. Meanwhile, the US trend toward antitrust actions at home is having deleterious effects for US businesses overseas, he said.

Proposed PTAB Rules Provide Incremental Change

On August 20, the United States Patent and Trademark Office (USPTO) published proposed amendments to current rules governing trial practice before the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA). The new proposals contain more substantive changes than the May package and while all parties will appreciate the USPTO clarifying various issues in the proposed rules, many patent owners may be underwhelmed with the real-world impact of the proposals, especially the portion dealing with motions to amend claims during AIA trials, write Jason Lohr and Stephen Shaw.

South African Government Conference Reveals Views On Draft Copyright Bill

JOHANNESBURG, SOUTH AFRICA -- Stakeholders from various positions of influence in the realm of intellectual property - including government - put a fine tooth comb through the South African Copyright Amendment Bill at a consultative conference called by the Department of Trade and Industry yesterday.

IP Experts Kick Off UC Berkeley Innovation Centre With Calls For Change

BERKELEY, CALIFORNIA -- “There’s one thing we’re very good at in this nation, and that’s innovation,” Tusher Center Director and Professor David Teece said recently in setting the tone for a day of discussions inspired by the launch of the new center at the University of California at Berkeley.

USPTO Proposes New PTAB Trial Rules

This week the United States Patent and Trademark Office (USPTO) published a proposed rule to amend the existing rules of practice for inter partes review, post-grant review, the transitional program for covered business method patents and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (AIA).

The Intersection Of Trade Secret Law And Social Media Privacy Legislation

By Eric F. Barton, Esq., Seyfarth Shaw LLP There is no question that social media privacy issues now permeate the workplace. In an attempt to provide further guidance and regulation in this area, since April 2012, a growing number of…