A Patent For Geotagging IP Packets Raises Important Internet Law Questions (Guest Blog Post)
by guest blogger Marketa Trimble On September 12, 2017, the U.S. Patent and Trademark Office issued a patent on a technology that could significantly affect the functioning of the internet and the course of internet-related law and policy, and achieve an…
1H 2017 Quick Links, Part 4 (Copyright, Patent, More)
Copyright * Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017). Three noteworthy passages from this case: – “the existence of the plaintiff’s copyrighted materials on the Internet, even on a public and “user‐friendly” site, cannot…
Amazon Doesn’t “Sell” Its Marketplace Goods–Milo & Gabby v. Amazon
Milo & Gabby is a small family business that designs and sells “animal-shaped” pillowcases. It discovered that knockoffs were listed for sale on Amazon’s website. The products were actually offered for sale by third party sellers, and all but one…
eBay Isn’t Liable for Patent-Infringing Marketplace Sales–Blazer v. eBay
Blazer owns patent 8,375,624 for “Carpenter Bee Traps.” He filed NOCIs with eBay alleging the sale of infringing items on eBay. The court says “eBay has a policy to quickly remove listings when a [patent] NOCI provides a court order,…
2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)
Patents * Tim Holbrook on how slow FDA procedures contribute to de facto monopolies for off-patent drugs/devices * Washington Post: Patent lawsuits swell and watchdog says the government is to blame * Washington Post: Patent office workers bilked the government…
How Will Courts Handle A “Poor Man’s Copyright”?
I recently came across a complaint (in Vernon v. CBS) referencing a “poor man’s copyright,” and I couldn’t recall seeing the term in a legal filing or document before. This made me curious about whether any courts had discussed the…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
Copyright * Skidmore v. Led Zeppelin, No. CV 15-03462-RGK (AGRx) (C.D. Cal. June 23, 2016): Led Zeppelin’s Stairway to Heaven isn’t substantially similar to Spirit’s Taurus. The plaintiff’s lawyer explains why it was a loss for both sides. My Q:…
Santa Clara-Duke-USPTO Quality Conferences / Call for Participants
[Note: my colleague Colleen Chien has circulated this call for participation. I won’t be directly involved in either event, but they look terrific. I’m sharing it here in case you or someone in your network wants to participate. Please follow…
Q1 2016 Quick Links, Part 4 (Copyright, Marketing and More)
Copyright * Naruto v. Slater: “Naruto is not an “author” within the meaning of the Copyright Act.” I heart Naruto! * Handshoe v. Abel, 1:14-cv-00159-KS-MTP (S.D. Miss. Jan. 8, 2016) (cites omitted): Given that there is no dispute that the…
2H 2015 Quick Links, Part 2 (Patents, Trademarks, Other IP)
Patents * ClearCorrect Operating, LLC v. International Trade Com’n, 2015 WL 6875205 (Fed. Cir. Nov. 10, 2015): ITC has jurisdiction only over “material things,” not digital content. An obvious but much needed ruling. * Washington Post: Patents are a terrible…