Below is a selection of
intellectual property stories attracting interest on the
internet in the past week that were not covered on www.managingip.com (see
the bottom of this blog post for the top stories published by
Managing IP this week).
An $8.5 billion expense
research with more than 350 corporate counsel has revealed
total spending at large companies in all aspects of
intellectual property reached $8.45 billion in 2014, up $100
million over 2013.
report by The BTI Consulting Group,
BTI Intellectual Property Outlook 2015: Changes, Trends and
Opportunities in IP and IP Litigation,
found IP litigation and IP patent prosecution account for 76%
of this spending.
property has grown into one of the largest and most influential
portions of the legal landscape as technology continues to
permeate our lives," opined Michael Rynowecer, president of The
BTI Consulting Group.
counsel plan to settle twice as many IP litigation matters as
last year," he added, "suggesting a shift in
average company saw a 12% decline in IP matters with an 8%
increase expected through 2015. Rynowecer said corporate
counsel "are becoming more comfortable managing IP risk and
changing their management approach, which has big implications
for law firms."
research found companies using a single law firm for patent
prosecution and IP litigation are substantially happier with
their law firms than all others. "These firms are able to
develop a deep understanding of the client’s IP
portfolio and needs – providing both efficient
handling of routine matters and strategic insight and guidance
for more complex issues," added Rynowecer.
Stealing a swearing
company Fuzzy Door Productions, producer Media Rights Capital
and distributor Universal Studios are being sued for allegedly
stealing the idea for the vulgar teddy bear in the 2012 film
according to the Hollywood
According to a lawsuit filed
this week in a district court in Los Angeles, Bengal Mangle
Productions created a screenplay called Acting School Academy
in 2008 that featured a foul-mouthed, womanising teddy bear
named Charlie. Acting School Academy was a web series that got
more than a million views between 2009 and 2012.
The suit says the Charlie
character, like Ted, lives in a "human, adult world with all
human friends. Charlie has a penchant for drinking, smoking,
prostitutes, and is a generally vulgar yet humorous
The lawsuit suit said Ted "is
strikingly similar to plaintiffs' Charlie character." It added
the two bears look similar, share similar vulgar traits and
have human friends.
The suit alleging copyright
infringement seeks unspecified damages.
you’re not a cable company
US Copyright Office has told Aereo that it does not consider it
a "cable company",
according to a letter CNBC obtained.
last week tried to reinvent itself by claiming it is a "cable
system" after the Supreme Court ruled against it in its ABC
v Aereo decision.
the view of the Copyright Office, internet retransmissions of
broadcast television fall outside the scope of the Section 111
license," the Copyright Office wrote in the letter dated July
office added that it would not refuse Aereo's filings outright,
but would only accept them provisionally since the company's
case is still before the courts.
Copyright Office is also asking the public for feedback for 30
days on what the Supreme Court’s Aereo ruling
means for the future of copyright law,
according to The Hill.
a note published this week, the office said it is "is
interested in commenters’ views regarding the
Supreme Court’s opinion in Aereo
how that opinion may affect the scope of the rights of making
available and communication to the public in the United
office asked how the decision affects "unauthorised
filesharing", the right to make content available and other
request follows a roundtable discussion on copyright law and
communication in May.
Canada hits back at Eli
Canada has said a $500 million
NAFTA challenge against it from US pharmaceutical firm Eli
is "wholly without merit" and
should be rejected.
Eli Lilly had two of its patents
invalidated in Canadian courts. It responded by using Chapter
11 of NAFTA, which allows foreign investors to bring government
decisions before an arbitration panel.
statement of defence,
the Canadian government calls Lilly a "disappointed litigant"
and said its case is based on misstatements and misleadingly
describes how the two patents were defeated. It added that Eli
Lilly is trying to turn the NAFTA panel into a "supranational
court of appeal from reasoned, principled, and procedurally
just domestic court decisions".
Lilly said in its NAFTA
Canadian judges are unfairly ruling that original patent
applications should include more proof of a drug’s
effectiveness, allowing generic companies to come along years
later and have the patents tossed out in court.
Doyle estate looks
to the Supreme Court
After losing its efforts to keep
copyright over Sherlock Holmes in a case at the Seventh
Circuit, the estate of author Sir Arthur Conan Doyle
has filed a new legal plea at the Supreme Court.
The Seventh Circuit refused a
stay of the case on July 9. The filing at the Supreme Court is
only seeking a delay of the Seventh Circuit’s
ruling until it can file a petition for review of the decision.
But the Supreme Court will have to decide whether the legal
claim has a chance of ultimately succeeding and who might be
hurt if a stay is issued.
The application was filed with
Justice Elena Kagan, who deals with requests for temporary
legal orders from cases in the Seventh Circuit.
Seventh Circuit ruled in Junethat Sherlock Holmes
is in the public domain. This reaffirmed the expiration of
copyright once owned by author Arthur Conan Doyle.
Richard Posner of the United State Court of Appeals for the
said the copyright on 46 stories and four novels have
expired as a result of a series of copyright statutes.
However, the copyright on 10 final stories published between
1923 and 1927 will not expire until 95 years after the date of
original publication - between 2018 and 2022.
estate had sued Leslie Klinger in 2011 as he was about to
publish an anthology of modern fiction about Holmes called "A
Study in Sherlock: Stories Inspired by the Sherlock Holmes
Canon". The estate demanded a $5,000 licensing fee for using
the Holmes character, which the publisher Random House
when Klinger was working on a sequel, the Holmes estate again
demanded a licensing fee. Klinger instead sued saying he was
not infringing on the 10 stories that remained under copyright
protection. These stories included
distinctions such as how Holmes felt about dogs and details of
Dr Watson's second marriage.
The estate argued that the last 10 stories made Holmes a more
"round" character. Judge Posner disagreed.
"Flat characters thus don't evolve. Round characters do; Holmes
and Watson, the estate argues, were not fully rounded off until
the last story written by Doyle. What this has to do with
copyright law eludes us," Judge Posner wrote.
Managing IP published the
following stories this week available to subscribers and
triallists (you can take a trial here):
EU mulls expansion
of GI scheme
markets diverge in 2014 Global Innovation
CJEU opinion calls
for more stem cell clarity
VirtualAgility verdict suggests stays pending CBM review should
strategies for fee motions after Octane
unorthodox approach to trade mark
litigation cases filed up 25% in 2013 –
former MetroPCS deputy general counsel in
Ethan Horwitz joins
Carlton Fields in New York
Dickinson to leave
From the blog:
What is innovation
and how do you measure it?
Guest post: The
Supreme Court shows unprecedented interest in IP
What role do
governments play in innovation?