Posts Tagged ‘patent trolls’

Intellectual property roundup

  • “At least for the moment, Defendants have shaken off this lawsuit” — court dismisses handwritten challenge to originality of Taylor Swift’s “Shake It Off” [Lowering the Bar]
  • After nastygram from George Orwell estate, seller withdraws t-shirts bearing slogan “1984 is already here” [The Guardian] But see comment below from reader Gitarcarver (episode attributed more to CafePress over-reaction than to estate’s letter);
  • “Anne Frank’s Diary Now Has Co-Author, Extended Copyright” [Christopher Klein, History.com]
  • “What the history of Eskimo Pies tells us about software patents today” [Charles Duan, Slate]
  • University of California, Santa Barbara, has put online a gold mine of 10,000 early recordings from the cylinder era, which ended in the 1920s [Hyperallergic] But could there be a copyright snag even on material this old? [Brian Frye, Prawfsblawg]
  • Judge says company must pay $684K for pursuing “exceptionally weak” patent case [Joe Mullin, ArsTechnica]
  • More: “That Irell & Manella would let itself get played by PETA for a stupid publicity stunt that serves no purpose other than to waste the court’s time…” [Mike Masnick, TechDirt; earlier on monkey-selfie case]

“Why don’t we talk to the guy and explain to him that we don’t infringe?”

Joe Mullin describes “how one software CEO tried to convince a patent troll to change his ways.” The tone of sweetness and light didn’t last long, however: “The conversation kept coming back to ‘if you pay us this much, we’ll go away,'” [Pegasystems CEO and founder Alan] Trefler said. “I concluded that was two hours of my life I’m not going to get back.” [Joe Mullin, ArsTechnica]

October 7 roundup

Eastern District of Texas branches out

Marshall, Texas, famed as patent plaintiffs’ forum of choice, returns a $663 million False Claims Act verdict against Trinity Industries in guardrail supply case [Insurance Journal; earlier on the unique qualities of the Eastern District of Texas, earlier on the Trinity litigation here and here]

And more Marshall fun: Texas patent holding company files 49 lawsuits in a week, isn’t listed on own office building’s directory [Legal NewsLine]

May 27 roundup

  • All aboard! “Louisiana AG hires nine private law firms, 17 attorneys for federal antitrust pharmaceutical lawsuit” [Legal NewsLine]
  • National Association of Insurance Commissioners has, and exploits, legally privileged status as collector of insurance data. Time for open access [Ray Lehmann]
  • Europe’s antitrust charges against Google remind us of “the poverty of the standard antitrust doctrine” [Pierre Lemieux]
  • Court blasts Morrison Foerster for ‘nonsensical’ legal theories and ‘carnival fun house’ arguments [ABA Journal]
  • “Trolls aren’t the primary problem with the patent system. They’re just the problem Congress is willing to fix.” [Timothy Lee, Vox] What makes you think lawyers and rent-seekers aren’t going to turn “patent reform” to their own purposes? [Mark Mills]
  • “It only goes that one direction, too.” Rachel Maddow recognizes the fairness problem with one-way fee shifting, this one time [Huffington Post on pro-defendant Colorado firearms law]
  • CPSC still going after Zen Magnets, which isn’t backing down [Nancy Nord, earlier]

“Infamous ‘podcasting patent’ knocked out”

“A year-and-a-half after the Electronic Frontier Foundation created a crowd-funded challenge to a patent being used to threaten podcasters, the patent has been invalidated. …Personal Audio gave up on getting royalties from podcasters in 2014 after a lawsuit against comedian Adam Carolla almost went to trial.” [Joe Mullin, ArsTechnica, earlier on Carolla’s efforts]

Food roundup

  • If the law was symbolic, consumers were apparently unswayed by its symbolism: L.A. zoning ban on new freestanding fast-food restaurants had no effect on obesity [The Guardian, NPR, Baylen Linnekin, earlier]
  • More on draft new federal dietary guidelines: “Report lays groundwork for food ‘interventionists’ in schools, workplaces” [Sarah Westwood, Washington Examiner, earlier, public comment open through April 8]
  • Opposition to GMOs is not humanitarian [Telegraph] Washington Post editorial rejects labeling on GMO foods;
  • Baker fell afoul of French law by keeping his boulangerie open too often [Arbroath]
  • A sentiment open to doubt: “There is a great need for lawyers to utilize their policy and litigation tools in the fight for a better food system.” [Melanie Pugh, Food Safety News]
  • “Food policy” progressives “whistle same tune as large food producers on issue of food safety” [Baylen Linnekin, related on single-agency scheme, more Linnekin on competition-through-regulation among makers of wine corks]
  • Why restaurant operators need to know about patent trolls [James Bickers, Fast Casual]

Downfall of Harry Reid, cont’d

Gordon Crovitz reminds us not to underestimate the significance of the episode in which Sen. Harry Reid, at the behest of plaintiff’s lawyers, torpedoed legislation meant to restrain the activity of patent trolls. The technology community, formerly very friendly to Democrats in its politics, began taking more seriously the danger to its interests of a Senate in which Mr. Reid enjoyed a blocking role. [Wall Street Journal]

P.S. David Bernstein at Volokh doesn’t hold back from telling us what he thinks of Sen. Reid’s constant use of the Senate floor to attack private businesspersons and citizens by name.

Intellectual property roundup

  • “Our mangled patent system,” Cato podcast [with Eli Dourado of the Mercatus Center] Critique of federal circuit [Dourado at Cato Unbound]
  • Since SCOTUS’s June decision in Alice v. CLS Bank, many courts have struck down software patents as too-abstract [Timothy Lee, Vox]
  • Iqbal-Twombly principles as remedy for patent trollery? [Daniel Fisher]
  • ISP resists mass copyright enforcement enterprise’s demand for customer list [DSL Reports]
  • Win for Personal Audio in E.D. Tex.: “Jury finds CBS infringes podcasting patent, awards $1.3 million” [ArsTechnica]
  • “Premier League Uses Copyright To Pull Down YouTube Video Of Professor Advocating For Stronger Copyright For Premier League” [Mike Masnick, Techdirt]
  • A new leaf? “Silicon Valley’s Most Hated Patent Troll Stops Suing and Starts Making” [Business Week]