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July 29, 2005
Trade Secrets Prevent Job Hopping
A temporary restraining order prevents a previous employee of Microsoft from doing the same job for his new employer, Google. The stated reason for this drastic move is trade secret protection. According to an AP article at Forbes, the order will stand until a hearing on September 6.
Apparently, the employee had signed confidentiality and noncompetition agreements with Microsoft. However, it is unclear whether working for Google is necessarily a violation of these agreements. I'm sure this dispute will prove to be interesting in the months to come.
UPDATE 7-29-2005: Apparently Google has taken action: "Google retaliated Thursday with its own complaint in California seeking to override Microsoft's noncompete provision so it can retain Lee. In its suit, Mountain View-based Google contends the clause violates California laws giving workers the right to change jobs." See this findlaw article for more information.
Posted by Melody Wirz at 11:31 AM.
Permalink: Trade Secrets Prevent Job Hopping
Patent Prosecution Tips on Translations
In another insightful post from within the USPTO, the anonymous Just a Patent Examiner does a great job of humanizing patent examiners and making collaboration more appealing. I particularly like the following quote which comes from a rant about poor translations, Attorneys' Arguments re: 112 Rejections: "Please, attorneys, help me out here. I just want the specifications and the claims to be understandable and consistent. Is this really too much to ask? Is this not a laudable goal? Shouldn't the examiners and the attorneys be trying to do this???" As always, the comments of the post are insightful, too.
The posts, and related comments on this blog should be required reading for all new patent attorneys and agents.
UPDATE 8-3-2005: I'm terribly sad to report that the beloved "Just a Patent Examiner" has retired from posting. But, you can still check out the archived posts.
Posted by Melody Wirz at 09:41 AM.
Permalink: Patent Prosecution Tips on Translations
phosita ::: quick links for 2005-07-29
- Bush Creates Intellectual Property Czar - The Patent Baristas give insight into the position and a link to the man.
- An Incremental Cost-Benefit Analysis of Worldwide Patent Coverage - How to get the most bang for your patent buck, at least in the pharmaceutical market.
- Canada bans copying CDs to iPods - "The Canadian Supreme Court today declined to hear a case involving the private copying . . the decision effectively renders copying CDs into an iPod unlawful in Canada."
- Montana v. LAST BEST PLACE - Montana's governor isn't pleased with a Nevada business applying for the mark.
Posted by Melody Wirz at 09:31 AM.
Permalink: phosita ::: quick links for 2005-07-29
July 28, 2005
NASA's Intellectual Property
NASA is certainly at the top of the list in advanced technology. Of course, this means that they must protect the intellectual property associated with their advancements. You may be surprised at how complex this protection can get.
- Intellectual Property for the International Space Station - Not only do U.S. laws come into the picture. International agreements must also be considered. If you thought IP law was difficult in foreign countries, try leaving the planet!
- Model Exclusive Patent License Agreement - In approximately 21 pages, you can grant NASA an exclusive license to your patented invention.
- Model Nonexclusive Patent License Agreement - It only takes 19 pages to grant a nonexclusive patent license.
- Use of NASA Name and Logo - I consulted this before posting, which is why I didn't include a picture of the logo.
- NASA, Monopolies, and the Cold War: The Origins and Consequences of NASA Patent Policy, 1958-1996 - I never would have guessed that the formation of the patent policy was so political.
- NASA Grants Two New Imaging Software Patents - I didn't know NASA granted patents, but the software is used to detect and clarify debris in launch video. There is little doubt that this software was used earlier this week to see the falling foam that seems to be plaguing the shuttle missions.
For more on NASA's patents, you can view some search results including the word "patent."
Reports are now claiming: Shuttle program halted over debris. So, if you're interested in helping our space program, think of a new way to make foam stick during launch. But, keep NASA's intellectual property policies in mind.
Posted by Melody Wirz at 10:02 AM.
Permalink: NASA's Intellectual Property
July 27, 2005
Patent Drafting Tips
I recently got an e-mail from a friend including some patent drafting tips:
- "Don't forget God in your inventorship analysis - did He contribute materially to the subject matter of any one claim?" For example, look at column 1, lines 66-67 of this patent.
- "Think about using the written description for marketing purposes." See column 2, lines 44-49 of the patent.
A true example of thinking outside the box. It makes me wonder, what other useful information we could be including in patents.
Posted by Melody Wirz at 09:10 AM.
Permalink: Patent Drafting Tips
| Comments (1)
July 26, 2005
ATTENTION OKLAHOMA INVENTORS!
For Immediate Release
The annual meeting of the
The theme for the program presentation, “Focusing on Marketing” will be highlighted by a formal program to be presented by Boshears & Boshears.
Boshears & Boshears is a Tulsa, Oklahoma based firm with satellite offices in Foligno, Italy and provides cutting edge consulting services in the areas of Product, Business, Marketing, Sales and Management Development.
Members of the OIC will have a "juried" product exhibition starting at the 12:00 noon luncheon break. New products developed and Patented by OIC members will be included in the exhibition and will range from medical applications and transportation equipment, to consumer products including safety products for use in law enforcement. The short official annual meeting is scheduled to end by 2:00 p.m.
The OIC is a non-profit membership educational association dedicated to the development and profitable marketing of Intellectual Property for its members. OIC works in conjunction with Inventors Assistance Service (IAS) which is funded by the Legislature thru OCAST.
For more information regarding the
For information regarding the monthly
To RSVP by August 10 for your complimentary OIC Annual Meeting luncheon ticket call: Jill Nuckolls, IAS at: 1-877-577-7632 or 405-744-8727.
Posted by Melody Wirz at 09:29 AM.
Permalink: ATTENTION OKLAHOMA INVENTORS!
phosita ::: quick links for 2005-07-26
- News: Musings About Modding - Grand Theft Auto's recent rating change from mature to adult has heightened awareness of modding. This link mentions the legal issues, like who owns the resulting IP. Additionally, it links to a larger article.
- Hire More Female Lawyers - A few good reasons.
- Dignity and Respect - A patent examiner comments on the recent arrest of another patent examiner. The arrest was in response to false time reporting (aka embezzlement). The comments to the post are also worth reading.
Posted by Melody Wirz at 09:17 AM.
Permalink: phosita ::: quick links for 2005-07-26
July 22, 2005
phosita ::: quick links for 2005-07-22
- Listing of Expected Patent Prosecution Delay - Depending on your invention, this is the delay you can expect before you hear anything from the patent office. It ranges from 10 months for plants to 40 months for multiplex communication.
- S & M Barbie tops Mattel in Name Tiff - A woman is allowed to use her name, "Barbie," to sell "clothes for bad boyz and girls such as stripper wear, gothic [attire], leather and latex outfits."
Posted by Melody Wirz at 10:09 AM.
Permalink: phosita ::: quick links for 2005-07-22
Patent Agency Graduate Program Initiated
Now, people with technical and scientific backgrounds can take a 36 hour Patent Agency program and get a Masters degree. The program will prepare participants to pass the patent bar and give them an understanding of IP law, ethics, patent drafting, prosecution, and litigation.
The program is currently offered in St. Louis, but there are plans to offer the program in other locations as early as next year.
For more, see: Webster U. to offer patent agency graduate program, or Webster University Announces New M.A. in Patent Agency.
Posted by Melody Wirz at 10:00 AM.
Permalink: Patent Agency Graduate Program Initiated
July 21, 2005
Copyright Question of the Day
Q: How can search engines legally re-display internet content for the purpose of generating revenue?
A: First, the revenue is not generated by selling a copy of the work. Rather the income comes from advertising. However, making money from copying is not a requirement for copyright violation. Therefore, the search engines must still comply with copyright law.
Copyright violation requires a copying. The search engines do not appear to be copying entire websites, so there is probably not a copying of a substantial portion of the work. 17 U.S.C. § 101 defines derivative work and would preclude search engines results from being such because they are not changing the copyrighted work (the web sites). Instead, they are merely referencing a small portion of the websites. Additionally, the search results are not "fixed" because of their temporary nature or "transitory duration," and they may not even be considered copies of the works.
Lastly, under a fair use analysis, the search engines are actually adding value to the website content by directing targeted traffic to the site.
Further References
- 17 U.S.C § 106 - Copyright Holder's Rights
- 17 U.S.C. § 107 - Fair Use
- New York Times Co. v. Tasini, 533 U.S. 483 (2001)
- Kelly v. Arriba Soft, 336 F.3d 811 (9th Cir. 2003) (pdf)
Thanks to Chris W. for the question and to Anthony for finding the answer.
UPDATE 7-22-05: In a related story, Perfect 10 tests copyright law - An adult website is suing Google and A9 for copyright infringement for displaying thumbnails of valuable copyrighted photographs in search results.
Posted by Melody Wirz at 02:21 PM.
Permalink: Copyright Question of the Day
July 20, 2005
phosita ::: quick links for 2005-07-20
- TV Dinner Inventor Gerry Thomas Dies - He may be gone, but certainly not forgotten.
- Parts-Numbering Decisions Highlight Merger Doctrine - Exactly when is a code copyrightable? Read this post (and the links therein) and find out.
- Staking a claim in the patent gold mine - An interesting article about the "business" of intellectual property.
- Not really a quick link, but an interesting tidbit. The new nominee for the Supreme Court, John G. Roberts argued and won before the Supreme Court in the landmark IP case, Traffix Devices v. Mktg. Displays, 532 U.S. 23 (2001).
Posted by Melody Wirz at 05:33 PM.
Permalink: phosita ::: quick links for 2005-07-20
July 19, 2005
Are Playlists Copyrightable?
I was recently asked whether radio station playlists are considered intellectual property. My first response was a simple "yes." However, I got to thinking a little more. I even asked around to find out what others thought. The result? A bunch of confusion.
As long as the expression is recorded in a fixed medium, it is copyrightable as a compilation. So, if the playlist is written on a page, or if the broadcast is recorded on a tape, then it is protected.
However, in order to violate the copyright, there must be copying of at least a substantial portion of the work. If the taped broadcast includes commercials and DJ commentary, but the copy omits these things, it looks less and less like the copyrighted work. The same is true if the copy changes the order of the "replay." As the copy gets more and more different from the original, issues of proof also arise. A number of stations play "Top 40," so a copy may have to play several songs in the exact same order to prove copying, rather than coincidence.
So, the simple answer is "yes," radio station playlists are considered intellectual property. However, copying of these playlists must meet certain requirements to be considered a violation of copyright law.
Posted by Melody Wirz at 04:39 PM.
Permalink: Are Playlists Copyrightable?
July 18, 2005
phosita ::: quick links for 2005-07-18
- First Action Allowances (and Why You Won't Be Getting One Anytime Soon) - An "insider" in the USPTO explains why even a perfect application will probably be initially rejected
- Patent Drafting In the Wake of Phillips v. AWH -- Initial Thoughts - Some thoughts on how this decision should change the drafting of patents
- Lobotomy inventor's Nobel challenged - Apparently some "beneficiaries" aren't very happy with him
- Inventor of car helmet seeks patent - Now kids can wear a helmet in the car, as well as on their bikes -- I wonder how I ever lived through childhood without constant head protection
- DYKES ON BIKES - more about the refusal mentioned last week
Posted by Melody Wirz at 09:34 AM.
Permalink: phosita ::: quick links for 2005-07-18
July 15, 2005
phosita ::: quick links for 2005-07-15
- USPTO nixes trademark app for "Dykes on Bikes" - The word "Dyke" is apparently offensive (but "Queer" is okay?).
- USPTO Museum Opens at New Headquarters
- Can Similar Blog Names Co-exist? Should Blogs Obtain Trademark Protection? - It depends on the value of the blog and "use in commerce."
- Open-source P2P projects keep swapping - Underground programmers keep working, despite the Grokster ruling.
- What The Focus On "Patent Trolls" Misses - Matt Buchanan (Promote the Progress) in Business Week Online.
Posted by Melody Wirz at 09:19 AM.
Permalink: phosita ::: quick links for 2005-07-15
July 14, 2005
phosita ::: quick links for 2005-07-14
- Lacoste Wins Round in China Crocodile Feud - An appeals court reversed a ruling requiring Lacoste to pay $1 and apologize publicly for attempted registration of a competitor's logo.
- Web Could Unclog Patent Backlog - Allowing peers to review the invention, rather than patent examiners? Maybe it's better than going to a jury.
- Divorced couple argue over custody of computer games - Is accumulated progress on a video game considered intellectual property?
Posted by Melody Wirz at 09:16 AM.
Permalink: phosita ::: quick links for 2005-07-14
July 13, 2005
Internet Archive sued under DMCA and CFAA
Created in 1996, the Internet Archive is an extremely valuable tool for researching historical website content. In fact, my most recent use of the WayBackMachine was to look at a product that was the subject of a recent Federal Circuit decision. The decision upheld a district court decision requiring the product be pulled from the market. Without the Internet Archive, I would have never been able to actually see the disputed product.
According to Web archive sued over use in another suit, it "is also routinely used by intellectual property lawyers to help learn, for example, when and how a trademark might have been historically used or violated."
However, the Internet Archive was sued last week by a company who claims that "the access to its old Web pages, stored in the Internet Archive's database, was unauthorized and illegal." The lawsuit claims copyright infringement, violation of the Digital Millennium Copyright Act, and violation of the Computer Fraud and Abuse Act.
Posted by Melody Wirz at 09:38 AM.
Permalink: Internet Archive sued under DMCA and CFAA
| Comments (1)
Aussie Meets Opposition in "McBrat" Trademark
An Australian lawyer by the name of Malcolm McBratney has been using his nickname, "McBrat," to sponsor a rugby team. However, when he attempted to register the mark, he was blocked by McDonald's Australia. McDonald's claims the mark is too similar to McKids.
McBrat (aka Mr. McBratney) disagrees, stating "[w]hat it boils down to is that McDonald's seems to be trying to own not only the McDonald name but everything beginning with Mc . . [t]here are a lot of people with Irish and Scottish heritage who'd dispute that."
The fun part about this dispute is that McBrat specializes in intellectual property law.
For more on the story, check out Australian lawyer vows to fight McDonald's in trademark row.
Posted by Melody Wirz at 09:16 AM.
Permalink: Aussie Meets Opposition in "McBrat" Trademark
July 12, 2005
Changing the World - One Invention at a Time
We've all seen the videos showing the difficulty of moving water in Africa. However, it looks as if a new invention may change this. According to the website, Roundabout Outdoor:
A common sight in rural South Africa is that of water carriers covering large distances in order to fulfill their daily water requirements.
Traditional sources of water collection are from dams, springs, rivers, streams and farm reservoirs, with the introduction of boreholes where these traditional sources of water are unavailable. Until now such boreholes have been operated by handpumps as the use of modern alternatives such as diesel, petrol or electric pumps are costly to install and have the concomitant constant financial burden of fuel and maintenance costs.
The solution?
The "Playpump," which attaches a merry-go-round to a water source. This lets children pump the water in a fun new way. It's clean, it's cheap, and it doesn't even feel like work.
Posted by Melody Wirz at 09:13 AM.
Permalink: Changing the World - One Invention at a Time
phosita ::: quick links for 2005-07-12
- Now - if they only went so far as to use a Tablet PC, I would consider going back to high school.
Posted by Douglas Sorocco at 06:17 AM.
Permalink: phosita ::: quick links for 2005-07-12
July 11, 2005
phosita ::: quick links for 2005-07-11
- Pope Tribute DVD Runs Into Licensing Quagmire - Even a tribute to a pope must comply with the laws of intellectual property.
- Cracking Down on Intellectual Property Crime - IP theft can be costly, but it's increasingly being prosecuted criminally.
- Kaboom! - Mark Cuban's impression of the Grokster decision . . . It didn't mean anything to anyone (as measured by the stock market).
- How Deep Impact Works - Not really an IP issue, but an interesting take on the recent NASA success story.
Posted by Melody Wirz at 02:07 PM.
Permalink: phosita ::: quick links for 2005-07-11
Typosquatter Loses Battle With Google
Last week, the National Arbitration Forum released a ruling in favor of Google. The issue was whether certain domain names were confusingly similar to Google's domain name. The disputed domain names included googkle.com, ghoogle.com, gfoofle.com and gooigle.com. Since the extra letter in each name is next to a correct letter, it appears that this is a case of "typosquatting." According to Wikipedia, "[t]yposquatting is a form of cybersquatting which relies on the chances that a person who enters a website address into a web browser will accidentally enter an incorrect website address and be led to an alternative address which the cybersquatter owns"
The decision is only one of thousands of domain name disputes heard annually by the National Arbitration Forum.
For more, check out the National Arbitration Forum Blog, or the AP story (via BusinessWeek Online).
In my research, I found that ggogle.com, gooogle.com, gogle.com, and googlee.com all lead to Google (with googlee.com leading to the English version). However, googgle.com and googlle.com lead to other sites. I wouldn't be surprised if we saw these sites challenged soon.
Posted by Melody Wirz at 10:39 AM.
Permalink: Typosquatter Loses Battle With Google
July 08, 2005
Class Action Websites: Privilege Without a Relationship?
The 9th Circuit Court of Appeals recently ruled that a law firm does not have to provide an adverse party with information obtained through a questionnaire on the law firm's website.
Even though the site stated that there was no attorney-client relationship created by the form, the information obtained was considered privileged under California law.
While this decision seems to fit within my understanding of confidential communications, it certainly highlights the problems present in class action websites. The article Class Action Web Sites Untested states that "class action Web sites developed by law firms continue to present complications related to jurisdiction, applicable laws, ethics rules and more, which courts have yet to address."
Posted by Melody Wirz at 03:26 PM.
Permalink: Class Action Websites: Privilege Without a Relationship?
phosita ::: quick links for 2005-07-08
- 2d Cir. Rejects Trademark Claim Against Pop-up Ad Firm - they weren't "use" of a trademark, according to the decision in 1800-Contacts, Inc., v. Whenu.com, Inc.
- Making sense of IP laws and regulations - this article begins "The great American author Mark Twain once wrote: 'Only one thing is impossible for God: To find any sense in any copyright law on the planet.' Twain's criticism is well-founded. In an effort to stimulate innovation, lawmakers have produced the veritable minefield of legal obfuscation that some have taken to calling 'intellectual property' law."
- Importation and prescription prices - Op-Ed by a Kentucky legislator about whether the importation of prescription drugs is "stealing U.S. drug patents."
Posted by Melody Wirz at 10:03 AM.
Permalink: phosita ::: quick links for 2005-07-08
July 07, 2005
Mark Cuban on the DMCA
This post by Mark Cuban talks about the Macrovision suit against Sima and Interburn.
He states:
According to MacroVision CEO Bill Krepick, “Sima and Interburn infringe Macrovision’s intellectual property by offering products that enable users to make unauthorized copies of copyrighted content by illegally removing our copy protection system.”
Now maybe I’m reading this wrong, but the way I understand it, the CEO of MacroVision, a company that sells copy protection software to DVD publishers, is sending out a press release saying…
”Our software doesn’t work. It sucks. We can’t stop a bunch of little companies from writing software that completely busts our copy protection that we are selling for millions of dollars to publishers.”
An interesting take on the protection provided in the DMCA.
Posted by Melody Wirz at 05:20 PM.
Permalink: Mark Cuban on the DMCA
July 06, 2005
TV Technology - The Next Great Copyright Case?
"Days after the Supreme Court weighed in on digital copyright infringement issues in the MGM v. Grokster case, select consumer electronics chains began stocking a product some predict could spark the entertainment industry's next showdown over intellectual property rights." TV technology at edge of legal frontier
Grokster made it clear that selling a device that has the stated purpose of infringement isn't okay. However, there was no mention of "space-shifting" or "place-shifting." Perhaps this means that the current law allows the newest in entertainment technology, as long as the marketing is done correctly.
For years, we've been setting a device to record our favorite programs while we aren't home (time-shifting). First with the VCR, and later with DVRs. However, we've been waiting for the ability to view programs remotely (space -shifting).
Every time I've spent the night in a hotel, I've missed my DVR. I can't stand flipping through the channels, hoping to find something interesting when I know that I've got great programming waiting for me at home. Or even worse, missing a program and hearing the outcome the next day before I get a chance to view it. With the newest in TV technology, you can view your recorded programs before you get home.
From the article: 
"New to the shelves of Best Buy and CompUSA this month is Slingbox, a brick-sized device that enables viewers to route the live television signal coming into their homes to a portable device anywhere on the globe via broadband connection."
The ability to "space-shift" seems a natural extension of the "time-shift" of Sony. As long as the companies market the use I've described, space-shifting may be viable. As for the entertainment industry, I recommend they "sell" programs to people who forgot to record them (or who don't subscribe to the channel of the program).
Posted by Melody Wirz at 11:08 AM.
Permalink: TV Technology - The Next Great Copyright Case?
| Comments (2)
July 05, 2005
phosita ::: quick links for 2005-07-05
- Feds target unauthorized online exchange of copyrighted materials - specifically first run movies and video games
- Forget the Bootleg, Just Download the Movie Legally - studios are finally starting to catch on
- Amazon Sued for Copyright Infringement - for showing free previews of copyrighted adult content images
- Staples is looking for office product inventions - remember the Apprentice episode?
- He Says He Owns the Word 'Stealth' (Actually, He Claims "Chutzpah,' Too) - he even got the military's B2 stealth bomber's contractor to abandon its trademark applications for "stealth bomber"
- 50 Coolest Websites: 2005 (Time) - don't start looking unless you have a few hours to spare
Posted by Melody Wirz at 10:38 AM.
Permalink: phosita ::: quick links for 2005-07-05
