The oral argument schedule for the Supreme Court over the next few months is heavy on intellectual property cases.
The Court will hear oral argument as follows: on February 26, in two cases on granting (Octane Fitness) and reviewing (Highmark) attorneys’ fee awards; on March 31, in a case (Alice Corp.) on patent eligibility of system and computer-implemented method claims; on April 21, in a case (POM Wonderful) on claims under Section 43 of the Lanham Act challenging labels regulated by the Food and Drug Administration; on April 22, in a case (Aereo) on whether a provider of broadcast television programming over the Internet violates a copyright owner’s public performance right; on April 28, in a case (Nautilus) on the proper standard for finding indefiniteness invalidity for patents; and on April 30, in a case (Limelight) on joint liability for method claim infringement where all of the claimed steps are performed but not by a single entity.
Washington – The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) recently announced that the October 30, 2013 U.S. Department of Commerce public meeting on copyright policy issues had been postponed due to complications arising from the federal government shutdown. The meeting will now be held on December 12, 2013 from 8:30 a.m. to 5:30 p.m. ET at the USPTO headquarters in Alexandria, VA and the period for post-meeting comments has been extended.
Comments are still being sought on the Commerce Department’s Internet Policy Task Force green paper, “Copyright Policy, Creativity, and Innovation in the Digital Economy,” produced by the USPTO and the National Telecommunications and Information Administration (NTIA). The deadline for filing pre-meeting comments is November 13, 2013.
Washington – The U.S. Department of Commerce today announced that its Internet Policy Task Force (IPTF) will hold a public meeting to discuss copyright policy issues raised in a recently released green paper, “Copyright Policy, Creativity, and Innovation in the Digital Economy“(Green Paper). In addition to the meeting, the IPTF is soliciting public comments, both of which are part of the IPTF’s efforts to continue a dialogue on how to improve the current copyright framework for stakeholders, consumers, and national economic goals. The meeting will be held on October 30, 2013, in Washington, D.C. The IPTF intends to hold the public meeting in the Amphitheatre of the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, N.W., Washington, D.C.
Specifically in the Green Paper, the IPTF proposes five copyright policy issues to address, and the meeting will provide an opportunity for discussion that will be used to formulate the IPTF’s views and recommendations regarding copyright policy. The five issues include: (1) establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA); (2) the legal framework for the creation of remixes; (3) the relevance and scope of the first sale doctrine in the digital environment; (4) the application of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; and (5) the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive databases of rights information.
Moments ago I opened an e-mail from AIPLA regarding the Copyright Office’s recent report that recommends a small claims proceeding be established within the Copyright Office to handle disputes of up to $30,000. Wondering exactly how a small claims process for copyrights could be Constitutional in light of the 7th Amendment to the United States Constitution I clicked on the link to access the full report. I was taken to the Copyright Office website, which displays a notice saying that since the government is shutdown the Copyright Office website is not available. Indeed, copyright.gov now redirects to copyright.gov/eco/notice_special.html.
Really? This action seems purely intended to punish the people for the inability of Democrats and Republicans to come together and accomplish even seemingly simple tasks. Even the White House did not delete the contents of its website and blame it on the government shutdown. So why would the Copyright Office take such a ridiculous and punitive measure?
Here is what the copyright Office website says as of 12:10pm on Tuesday, October 1, 2013.
WASHINGTON — The U.S. Department of Commerce today released a green paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper) to advance discussion on a set of policy issues critical to economic growth. The Green Paper discusses the goals of maintaining an appropriate balance between rights and exceptions as the law continues to be updated; ensuring that copyright can be meaningfully enforced on the Internet; and furthering the development of an efficient online marketplace.
The Green Paper released today is the most thorough and comprehensive analysis of digital copyright policy issued by any administration since 1995. The report is a product of the Department of Commerce’s Internet Policy Task Force (IPTF) with input from the U.S. Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA). Through the IPTF, the USPTO and NTIA will solicit further public comments and convene roundtables and forums on a number of key policy issues.
“Copyright law strikes a number of important balances in delineating what is protectable and what is not, determining what uses are permitted without a license, and establishing appropriate enforcement mechanisms to combat piracy, so that all stakeholders benefit from the protection afforded by copyright,” said U.S. Secretary of Commerce Penny Pritzker. “Ensuring that our copyright policy provides incentives for creativity while promoting innovation on the Internet is a critical and challenging task. The Green Paper released today is an important step toward ensuring that the United States’ creative industries continue to have a substantial impact on strengthening our nation’s economy.”
In December of 2011, we published an article in the New England Journal of Medicine describing the current crisis in cognitive testing.[1] Doctors and medical researchers are scrambling to adapt to the recent assertion of copyrights in a popular screening method that has been used for decades to measure cognitive impairment. Although the assertion of this particular set of rights is relatively new, doctors are increasingly facing copyright claims in a variety of tests, including those for depression and for pain.[2]
In the New England Journal article, we tried to encourage the creation of a cultural norm in the field of medicine, in which medical researchers would ensure continued availability of their tests through appropriate open access licensing for any copyrights that might exist.[3] In this companion piece, we consider the legal side of the question. Although copyrights in medical testing are being asserted frequently, are those rights valid, and should they be upheld in whatever courts eventually hear the issue?
Phil McGraw photographed for the cover of Newsweek magazine by Jerry Avenaim.
Dr. Phil McGraw’s company, Peteski Productions (Peteski), recently filed a lawsuit against Gawker Media (Gawker) for copyright infringement. It appears that Deadspin.com (Deadspin), which is owned by Gawker Media, posted portions of the doctor’s exclusive interview with the man behind the Manti Te’o girlfriend hoax online before the show actually aired in various parts of the country.
Deadspin originally broke the story, including the hoaxster’s catfishing scheme; however Dr. Phil was given an exclusive interview with hoaxster, Ronaiah Tuiasosopo. Dr. Phil’s interview with Tuiasosopo was a two-part episode, with a cliff-hanging first episode. But Deadspin took away Dr. Phil’s thunder (and seemingly lowered his ratings) by showing the “answer” to the cliffhanger online prior to Dr. Phil airing in most markets.
How to Write a Patent Application is a must own for patent attorneys, patent agents and law students alike. A crucial hands-on resource that walks you through every aspect of preparing and filing a patent application, from working with an inventor to patent searches, preparing the patent application, drafting claims and more.
Without hesitation I recommend One Simple Idea and think it should be required reading for any motivated inventor. There is so much to like about the book and so much that I think author Stephen Key nails dead on accurate. The book is educational, information and inspirational. For the $14 cover price it is essential reading.
Typically blog roll links are not helpful to a website's rank. To give some additional "link love" to those we think you might be interested in reading we have moved our blog roll and links to a dedicated page. Go to IPWatchdog Blog Roll & Links.
The oral argument schedule for the Supreme Court over the next few months is heavy on intellectual property cases.
Washington – The U.S. Department of Commerce today announced that its Internet Policy Task Force (IPTF) will hold a public meeting to discuss copyright policy issues raised in a recently released green paper, “
In December of 2011, we published an article in the New England Journal of Medicine describing the current crisis in cognitive testing.[1] Doctors and medical researchers are scrambling to adapt to the recent assertion of copyrights in a popular screening method that has been used for decades to measure cognitive impairment. Although the assertion of this particular set of rights is relatively new, doctors are increasingly facing copyright claims in a variety of tests, including those for depression and for pain.[2]
