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On 22 June 2012, Judge Richard Posner, dismissed with prejudice the patent infringement suits filed in Apple Inc. and NEXT Software, Inc. v Motorola, Inc. and Motorola Mobility, Inc. in the United States District Court for the Northern District of Illinois (Eastern Division). In this case, the judge cited the eBay decision noting that neither party was entitled to injunctive relief as neither party demonstrated that “damages would not be an adequate remedy”. Continue Reading →

The 13th round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in San Diego, CA, USA from 2-10 July 2012.

Notes on Intellectual Property

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In a May 9, 2012 hearing in the Senate Judiciary Committee on oversight of the intellectual property enforcement coordinator, Senator Leahy asked Victoria Espinel about patent trolls, and failures to license patents on reasonable terms to achieve interoperability where standards are important. Leahy asked Victoria Espinel to work with USDOJ’s antitrust officials to deal with abuses by patent holders in both cases.

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Today, July 9, 2012, Knowledge Ecology International (KEI) filed an amicus brief in the Supreme Court of the United States in support of neither party in the case Kirtsaeng v. John Wiley & Sons.

Continue Reading → 1 European Parliament votes 478 to 39 to reject ACTA Posted on July 4, 2012 by James Love The vote to reject a delay of the final ACTA vote was 420 Vs 255, followed by the rejection of ACTA by a vote of 478 to 39. KEI Director James Love statement: Continue Reading → Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal Posted on July 4, 2012 by James Love The below is a joint statement from EFF, Knowledge Ecology International, Public Knowledge, and Public Citizen. Joint Statement of Civil Society Groups on U.S. TPP Copyright Proposal Continue Reading → USPTO “clarifies” June 27, 2012 testimony on biologics exclusivity and India compulsory license Posted on July 4, 2012 by James Love Deputy USPTO Director Teresa Stanek Rea has issued a retraction of her statement regarding Administration support for 12 years of exclusive rights in test data for biologic drugs, and moderated somewhat her statement on the India compulsory license for Nexavar. USTR also issued a statement on the issue of biologic test data in response to Rea’s earlier comments. Continue Reading → 2 Copyright Limitations and Exceptions: What does the secret TPPA text say? Posted on July 4, 2012 by James Love [update: See: Leak of TPP text on copyright Limitations and Exceptions] Continue Reading → US Congress Hearings on intellectual property rights, 112th Congress House of Representatives April 26, 2012. Hearing on: “International Patent Issues: Promoting a Level Playing Field for American Industry Abroad” Subcommittee on Intellectual Property, Competition and the Internet. http://judiciary.edgeboss.net/wmedia/judiciary/ip/ip04262012.wvx May 26, 2012. Hearing on: Implementation of the Leahy-Smith America Invents Act, Full Judiciary Committee Hearing. http://judiciary.edgeboss.net/wmedia/judiciary/full/fullcomm05162012.wvx Continue Reading → USPTO and Congress bash India over the Nexavar compulsory license Posted on June 30, 2012 by James Love On June 27, 2012, Teresa Stanek Rea, the Deputy Under Secretary of Commerce for Intellectual Property and the Deputy Director of the United States Patent and Trademark Office (USPTO), testified at a hearing on: “International IP Enforcement: Protecting Patents, Trade Secrets and Market Access”, before the US House of Representatives, Judicary Committee, Subcommittee on Intellectual Property, Competition, and the Continue Reading →