Busy period for
between March 20 and March 31 was busy for district court
decisions invalidating patents under 101,
as tracked by Fenwick &
West’s Bilski Blog.
four decisions in the district court, two of which went
favourably for the patentee.
there have now been a total of 69 Federal Circuit and district
court decisions on 101 since Alice, with 51 invalidating
patents – or 74%. This includes 149 patents, 112
of which have been invalidated.
Robin Williams’ restricted image
This week it
was revealed that Robin Williams took steps to restrict usage
of any images of himself for 25 years after his death,
passed on rights to his name, signature and likeness to the
Windfall Foundation. This means the actor cannot be digitally
inserted into any films or adverts for 25 years.
"It’s believed to be a
new form of privacy contract based on the availability of new
technologies, which Williams and his lawyers were clearly aware
of and one which might affect future usage of deceased
celebrities," said The Guardian.
Patent owners on a roll at
been more successful at the Patent Trial and Appeal Board
recently, according to Oblon’s Patents Post-Grant
In a post outlining Spring
trends, Scott McKeown (right) said the PTAB in the
past several weeks has sided with patent owners on the merits
in more than two dozen denials of institution ad final written
"Whether by dint of less low hanging fruit (ie,
stronger target patents), poor petition drafting practice, a
tightening of PTAB standards, or a combination of all of these
factors, patentees are seeing more success of late," wrote
"Over the past several weeks the PTAB sided with Patent Owners
on the merits in well over two dozen denials of institution and
final written decisions. The Board is reading both the prior
art disclosures and the petitioners' arguments narrowly. The
Board has been quite comfortable finding that petitioners did
not carry their burden, even for simple technologies."
Big Pimpin’ nears trial
The judge in
the copyright dispute over the sample in Jay-Z’s
2000 hit Big Pimpin’ this week indicated she would
likely deny summary judgment against the rapper, according to
Reporter. The trial is set for October 13.
The dispute is
over a sample from "Khosara, Khosara", which featured in the
1960 Egyptian film Fata ahlami. Osama Ahmed Fahmy claims he is
an heir of the composer of the tune, and sued Jay-Z and
producer Timbaland for copyright infringement.
that the record company that licensed the tune never had the
rights to the song. "That’s
the real problem here," argued Keith
Wesley of Browne George Ross on
March 30. "Sout el Phan said, 'EMI Arabia, you can use it, but
you can't go out and give away rights to someone else. I
don’t have authority to do that, and the copyright
owner hasn’t given me rights to do that.'
Christina Snyder agreed the licensing terms were issues that
could go to trial.
fees from "copyright troll"
Perfect 10 has
been told to pay $5.2 million in attorneys fees by a Central
District of California judge.
an Ars Technica article
that refers to Perfect 10 as a
"copyright troll", the company sued Giganews in
April 2011 saying its copyright had been infringed by Giganews
employees directly uploading infringing images onto its
network. Giganews won the case.
owner Norman Zada founded the company as a softcore print
magazine in 1997 and also a website advertising the
"world’s most beautiful natural women". He
starting suing companies alleging infringement of the
In a lengthy order,
Judge Andre Birotte awarded fees. "All of the evidence before
the Court demonstrates that Perfect 10 is in the business of
litigation, not protecting its copyrights or 'stimulat[ing]
artistic creativity for the general public
good’… Perfect 10 has never been a
self-sustaining business, and to date, has lost more than $50
million dollars, if not more," Birotte wrote.
"Rather than bringing suit for the purpose of protecting its
copyrights and stimulating artistic creativity, the evidence
reveals that Zada’s interest in the copyrights
held by his 'tax write-off’ is solely in
Also on the
blog this week:
A focus on
with Professor Hugh Hansen - the highlights
ASIPI debates IP in agriculture
In our news
and analysis this week:
Spangenberg target another pharma company through
Apple and Toyota dominate March PTAB filings
Spiderman's take on post-expiration patent
deputy trade mark commissioner
US Supreme Court
tackles intent in induced infringement
Pandora cases raise fundamental IP issues
Time to put
strategies in place for 3D printing
Starbucks v Sky:
a report from the UK Supreme Court
EBA backs plant
patents in tomatoes and broccoli cases
B&B decision raises the stakes at TTAB
Leonard Davis to join Fish & Richardson
Court of Appeal
backs Mattel over Scramble marks