|
Intellectual Property News Bush Picks Former Rep. James Rogan to Head USPTO. 5/24. President George Bush picked former Rep. James Rogan (R-CA) to be head of the U.S. Patent and Trademark Office (USPTO). Formally, Bush nominated him to be Under Secretary of Commerce for Intellectual Property and Director of the U.S. Trademark Office. Subcommittee Approves Patent Bills. (5/22/01) The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property adopted two bills pertaining to patent reexaminations, HR 1866 and HR 1886, by unanimous voice votes after a brief discussion. HR 1866 is intended to overturn the opinion of the U.S. Court of Appeals (FedCir) in In Re Portola Packaging. HR 1886 affords all participants, including third party requesters, in reexamination proceedings judicial review before federal appeals courts. Rep. Howard Berman (D-CA) also used the occasion to suggest other changes to patent law that he would like the subcommittee to consider at some later date. See, excerpts from the hearing. House Subcommittee Holds Hearing on Compulsory Licensing of Music on the Internet. (5/17/01) The House Judiciary Committee's Subcommittee on Courts, the Internet and Intellectual Property held a hearing on music on the Internet. The hearing focused on the availability of music online, the technologies for providing music online, security for copyrighted music, the status of licensing by the various types of rights holders, and recommendations by some that the Congress extend compulsory licensing to music on the Internet. 5th Circuits Affirms Judgment of Internet Copyright Infringement. (2/5/01) The U.S. Court of Appeals, Fifth Circuit, issued its opinion in Veeck v. SBCCI upholding the District Court's judgment of copyright infringement. The defendant published in his web site copies of copyrighted model building codes that had been incorporated into law by reference. The Appeals Court, following both precedent and policy arguments, held that a copyrighted work does not lose it protection when adopted into law. One judge dissented. See, Opinion. USTR Nominee Zoellick Headed for Quick Confirmation. (1/30/01) The Senate Finance Committee held a hearing on the nomination of Robert Zoellick to be the next U.S. Trade Representative. Senators praised Zoellick. He advocated granting fast track trade negotiating authority to the President. High tech and intellectual property issues were hardly touched. NetZero Obtains TRO Against Juno in Web Ads Patent Case. (1/8/01) ISP NetZero obtained a temporary restraining order against competing ISP Juno on January 5 that bars Juno from using a technology for displaying ads through a window separate from the browser. See, Complaint for Patent Infringement and Temporary Restraining Order. Patent Infringement Suits Lay Claims to Hyperlinking Technology. (12/21/00) Two separate lawsuits filed in federal court in New York assert claims of patent infringement regarding use of hyperlinking and web browsing technology. British Telecom belatedly alleged in a test case brought against ISP Prodigy that it holds an old and broad patent covering hyperlinking and web browsing. Prodigy called the claim "shameless" and "groundless." ACTV asserted a narrower set of patents on technology for incorporating web links into interactive TV programming. Government Officials and Industry Representatives Clash Over Enforcement of Intellectual Property Rights in Cyberspace. (11/29/00) Government officials responsible for enforcing intellectual property laws, and representatives of intellectual property owners, held a public meeting at which they discussed law enforcement activities in cyberspace. Industry representatives criticized the lack of prosecutions by the U.S. Department of Justice. Supreme Court Grants Cert in NYT v. Tasini. (11/7/00) The U.S. Supreme Court granted certiorari in New York Times v. Tasini, a case regarding the application of copyright law to the republication of the articles of free lance writers in electronic databases. PTO Director Addresses Fee Diversion, Business Method Patents, Reexams & Databases. (10/23/00) USPTO Director Dickinson gave an speech in which he criticized the diversion of fees from the PTO, discussed the likelihood of new legislation affecting patent reexamination, and called for protection of databases. He also addressed business method patents, the first to file system, and other pending intellectual property issues. See, speech. PTO Chief Says Intellectual Property is Part of the American Dream. (10/23/00) USPTO Director Todd Dickinson gave an address to the AIPLA in which he stated that the intellectual property system has become a representation of the American Dream. See, speech. FTC Five Year Plan Addresses E-Commerce. (10/10/00) The FTC released a report outlining its five year plan. It addresses both protecting consumers from Internet based fraud, and applying antitrust law to electronic commerce and intellectual property. Bill Would Change Business Method Patent Process. (10/3/00) Rep. Berman and Rep. Boucher introduced a bill in the House that would make several changes to the business method patent process. See, Business Method Patent Improvement Act of 2000. Rep. Boucher Introduces Bill to Permit Some Internet Music Copying. (9/29/00) Rep. Boucher introduced a bill in the House of Representatives that would allow the copying of certain sound recordings on the Internet. It would amend copyright law to provide that the transmission of a personal interactive performance of a sound recording is not an infringement of copyright. See, HR 5275 IH. WTO Appellate Body Rules that Canada's 17 Year Patent Term Violates TRIPS. (9/19/00) The WTO Appellate Body upheld a dispute resolution panel decision that the section of the Canadian Patent Act which provides for a term of 17 years from the date of issuance violates Canada's obligations under the TRIPS Agreement. Intel Sues Broadcom for Patent Infringement. (9/4/00) Intel filed a complaint against Broadcom in federal court in Delaware alleging patent infringement. Intel also sued Broadcom last March for misappropriation of trade secrets. See, Complaint. Judge Releases Order in Free Republic Copyright Infringement Case. (8/7/00) U.S. District Court Judge Margaret Morrow released an order dated July 31 in the Internet copyright infringement case, Los Angeles Times v. Free Republic, granting partial summary judgment adjudging defendants James Robinson and the Free Republic liable for copyright infringement. The defendants plan to appeal. See, Order. Court of Appeals Reverses Summary Judgment in Hilgraeve v. Network Associates. (8/7/00) The U.S. Court of Appeals reversed a summary judgment rendered by the U.S. District Court Judge Edmunds that McAfee VirusScan does not infringe a Hilgraeve patent. See, Opinion of Court of Appeals. Poll Suggests Home PC Users Favor Napster's Arguments. (7/27/00) A poll conducted by PC Data suggests that home Internet users tend to agree with the legal arguments of Napster, and others, who provide systems that allow copying on the Internet of copyrighted music works. Senate Appropriations Committee Increases USPTO Funding. (7/19/00) The Senate Appropriations Committee quietly approved the FY 2001 CJS appropriations bill with an increase in funding for the USPTO over the levels requested by the Clinton administration and passed by the House last month. Senate Committee Holds Hearing on Napster and Gnutella. (7/12/00) The Senate Judiciary Committee held a hearing on the technologies involved in the duplication of digital music files on the Internet, the application of intellectual property laws, and the consequences for consumers. Metallica's Ulrich Defends Intellectual Property Rights in Senate Hearing. (7/12/00) At a Senate hearing on Internet music duplication services such as Napster and Gnutella, the rocker Lars Ulrich proved to be the most forceful and articulate advocate of intellectual property rights in cyberspace. He argued that it is necessary to incentivize people to produce music. He also stated that Napster's business model is "like old-fashioned trafficking in stolen goods." House Rejects Coble Amendment on USPTO Funding. (6/25/00) The House rejected an amendment offered by Rep. Howard Coble on Friday, June 23, to increase FY 2001 funding for the U.S. Patent and Trademark Office by $134 Million. It failed on a roll call vote of 145 to 223. Analysis of House Vote on Coble Amendment. (6/25/00) The House vote rejecting the Coble amendment to increase funding for the USPTO by $134 Million revealed several patterns. Republicans were more supportive than Democrats. Representatives from California and the other western states were more supportive. Representatives who typically vote in favor of measures supported by high tech industry voted in favor. Finally, members of the Judiciary Committee were in favor, while members of the Appropriations Committee were opposed. House CIP Subcommittee Holds Hearing on Online Privacy. (5/18/00) The House Courts and Intellectual Property Subcommittee held a hearing on online privacy on May 18. Administration officials offered no new recommendations for legislation. Phone.com Files Patent Suit Against Geoworks Over Wireless Internet Technology. (4/27/00) Phone.com, a wireless Internet software provider, filed suit in federal court in San Francisco against competitor Geoworks, which is seeking to collect license fees for a patent which it claims implicates the Wireless Application Protocol as well as Wireless Markup Language. The suit seeks a declaratory judgment that Phone.com’s technology does not infringe on Geoworks' patent, and that the patent is invalid and unenforcable. See, Complaint. House Subcommittee Adopts Bill to End Diversion of PTO Fees (3/26/00) The House CIP Subcommittee reported a bill that requires all fees collected by the U.S. Patent and Trademark Office be used to fund the USPTO. Currently, some fees are diverted to fund other government programs. Critics on the Subcommittee say that this constitutes a hidden tax on intellectual property owners, and impairs the operations of the USPTO. Cybersquatting Moves Abroad (March 25, 2000) Douglas Wolford of NSI said that, after Congress passed legislation last fall, the problem of cybersquatting moved outside of the United States. He spoke on a panel on the future of the Internet at the National Press Club on March 23. BSA and IIPA Make Special 301 Recommendations. (2/21/00) The BSA and IIPA made their annual recommendations to the USTR regarding placement of foreign countries on the "Special 301" list. WTO Upholds Section 301 of Trade Act. (1/29/00) The World Trade Organization rejected a complaint from the European Union that Section 301 of the Trade Act of 1974 is not WTO-consistent. "Special 301" decisions by the USTR are a primary means of protecting the intellectual property rights of U.S. companies abroad. Judge Enjoins Contributory Infringement by Web Site. (12/13/99) U.S. District Court Judge Tena Campbell issued a preliminary injunction against several critics of the Mormon church on December 6. The order prevents them from publishing in their web site material from a copyrighted church handbook; it also prevents them from publishing information about other infringing web sites. See, Order. Page Jacking and Mouse Trapping. (12/8/99) In September the Federal Trade Commission obtained an injunction against an Internet porn ring that was running a deceptive scam that the FTC labeled as "page jacking and mouse trapping". That operation has been stopped, and so far, no one else has duplicated it. However, Geocities filed a complaint in federal court last week against a web site operator for trademark infringement and "mouse trapping." Software Companies Sue IRC Warez Pirates. (11/23/99) Seven leading software companies filed a lawsuit in the U.S. District Court in California against 26 individuals who participated in a warez IRC channel which facilitated the large scale distribution of unlicensed copies of commercial software products over the Internet. See, Amended Complaint. Judge Upholds Constitutionality of Copyright Term Extension Act. (11/21/99) U.S. District Court Judge June Green ruled that the Copyright Term Extension Act does not violate the copyright clause or the First Amendment of the Constitution. The Plaintiffs in the case, Eldritch Press v. Reno, intend to file their notice of appeal on Wednesday, November 24. See, Opinion. Judge Rules Against Free Republic Web Site on Fair Use. (11/11/99) Judge Margaret Morrow ruled on Monday, November 8, that the Free Republic web site's posting of copies of copyrighted news stories from the Los Angeles Times and the Washington Post is not protected by either the fair use doctrine or the First Amendment. See, Tentative Opinion. Free Republic Plans to Continue the Legal Fight. (11/11/99) The Defendants in the cyber copyright case, LA Times v. Free Republic, vow to continue their legal fight. On Monday a federal judge ruled that defendants' posting of copies of copyrighted news articles in their political discussion web site is not protected by the fair use doctrine. Appeals Court Vacates Injunction in Intergraph v. Intel. (11/8/99) On Friday, as one federal judge concluded that Microsoft is a monopoly, another federal judge's conclusion that Intel would be found to be an illegal monopoly was reversed. The Court of Appeals vacated the U.S. District Court Judge Edwin Nelson's preliminary injunction in Intergraph v. Intel. See, Appeals Court Opinion. Free Republic Files Motion for Summary Judgment on Fair Use Issue. (10/20/99) The Free Republic filed its motion for summary judgment on the fair use issue in the lawsuit brought against it by the Los Angeles Times and the Washington Post for copyright infringement. The Free Republic asserts that posting of full copies of news articles in its discussion web site is protected by the fair use doctrine and the First Amendment. See, Free Republic's Brief. House Judiciary Committee Approves Anti-Cybersquatter Bill. (10/15/99) The House Judiciary Committee approved an amended version of HR 3028, an anti-cybersquatter bill sponsored by Rep. James Rogan, by a unanimous voice vote on Wednesday, October 13, 1999. See, HR 3028, as amended. House Subcommittee Approves Anti-Cybersquatting Bill. (10/12/99) The House Courts and Intellectual Property Subcommittee approved HR 3028, the Trademark Cyberpiracy Prevention Act, on Thursday, October 7, 1999. The bill is very similar to the anti-cybersquatting bill which passed the Senate on August 5. See, HR 3028 IH. LA Times & Wash Post Move for Summary Judgment against Free Republic. (10/11/99) The Los Angeles Times and the Washington Post filed a motion for summary judgment in their copyright infringement suit against the Free Republic. The Defendant argues that its republication of news articles from the websites of other publications falls under the "fair use" exception. See, Plaintiffs' memorandum of law. House Subcommittee Passes Amended E-SIGN Bill. (10/7/99) The House Courts and Intellectual Property Subcommittee approved an amended version of HR 1714, the E-SIGN Act, on Thursday, October 7, which differs from the bill reported by the Commerce Committee on the issue of preemption of state laws. Members of the subcommittee will also likely produce a further revision when the full Judiciary Committee marks up the bill. See, Coble amendment. House CIP Subcommittee Questions Preemption Language in Electronic Signatures Bill. (10/2/99) The House Courts and Intellectual Property Subcommittee held a hearing on HR 1714, the E-SIGN Act, on Thursday morning, September 30. Subcommittee members and witnesses expressed support for federal legislation providing for the acceptance of electronic signatures, but opposed the preemption language in the bill. Keyword Deception Is Common In Political Web Sites. (9/3/99) Keyword piracy in the web sites of Presidential candidates and other major political web sites is common. The practice, which sometimes leads to trademark lawsuits in the commercial world, is employed by the campaign web sites of Orrin Hatch, John McCain, and Dan Quayle. Intergraph Files Motion to Compel Intel to Comply with Preliminary Injunction Order. (8/26/99) Intergraph filed a motion with the U.S. District Court seeking an order compelling Intel to cease its alleged non-compliance with the Court's preliminary injunction order. Workstation maker Intergraph sued its chip supplier Intel in late 1997 on various antitrust, patent, and fair competition theories. It now seeks the appointment of a special master to oversee Intel's compliance with the order, as well as sanctions. Trial is set for mid 2000. See, Motion to Compel. 9th Circuit Rules in Domain Name Trademark Case. (8/25/99) The U.S. Court of Appeals for the Ninth Circuit issued its opinion in the Avery Dennison v. Jerry Sumpton cybersquatting case on Monday, August 23, 1999. The Court held that Sumpton's domain name registration of the trademarked terms "Avery" and "Dennison" did not constitute trademark dilution. See, Appeals Court Opinion. Appeals Court Vacates Java Injunction. (8/23/99) The U. S. Court of Appeals issued an opinion today vacating the preliminary injunction issued by District Court Judge Whyte last November in Sun Microsystem's Java licensing suit against Microsoft. See, Appeals Court Opinion. Free Republic Case Delayed by Discovery Dispute. (8/20/99) A pretrial discovery dispute has delayed the cyber copyright case, LA Times v. Free Republic. On Monday, August 16, the court rescheduled a hearing on cross motions to October 25. The LA Times has sued to stop the Free Republic from republishing its copyrighted news stories. Court Rules in AOL v. AT&T Trademark Case. (8/17/99) U.S. District Court Judge Claude Hilton ruled on Friday, August 13, that YOU HAVE MAIL, BUDDY LIST, and IM are generic. AOL had sought to enjoin AT&T's use of these marks. See, Order and Opinion. House Passes Copyright Damages Improvement Act. (8/3/99) The House of Representatives passed HR 1761, the Copyright Damages Improvement Act, by a unanimous voice vote on Monday afternoon, August 2. The Senate passed its version of the bill, S 1257, on July 1. Telecom Subcommittee Approves Database Bill. (7/30/99) The House Telecom Subcommittee amended and approved HR 1858, a bill regarding database protection, on Thursday, July 29. House Finance Subcommittee Approves Database Bill. (7/22/99) The House Finance Subcommittee approved by unanimous voice vote an amended version of HR 1858, a bill pertaining to theft of databases. The Subcommittee amended Title II of the bill, regarding protection of real-time market data. See, Substitute Amendment. Clinton Nominates Dickinson for Top Spot At PTO. (7/7/99) President Clinton nominated Todd Dickinson to be Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. He has been serving in the job in an acting capacity since January 1, 1999, and is currently Deputy Assistant Secretary of Commerce and Deputy Commissioner of Patents and Trademarks. Finance Subcommittee Holds
Hearing on Market Databases. (7/1/99) The House Commerce
Committee's Subcommittee on Finance held a hearing on Wednesday, June 30
on HR 1858, the Consumer and Investor Access to Information Act. The
Judiciary Committee has already passed its own database protection bill,
HR 354. See also: |
|
||||||||