Weekly roundup: music-and-IP edition

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Weekly roundup: music-and-IP edition

This week’s roundup of stories from around the IP world features an inventor claiming to have patents covering podcasting and playlist navigation, and a study expressing doubts about the efficacy of graduated response programmes in preventing internet piracy

Playlist and podcast patent holder plays on

fuzeplusbluefront-screenart.jpg

The Sansa Fuze Plus

Personal Audio, the holding company known for asserting its so-called podcast patent (US Patent No 8,112,504) against major podcasters such as comedian Adam Carolla as well as networks NBC and CBS, is also seeing success in other parts of its portfolio. Ars Technica reports that SanDisk has agreed to license Personal Audio’s patent portfolio, including two (US Patents No 6,199,076 and 7,509,178) that cover audio playlist navigation and organisation. SanDisk is best known as a flash memory company and is a relatively small player in the audio player market, but Personal Audio has also struck agreements or prevailed in court against Apple, Motorola and Amazon.

Study: graduated response not effective

A study released this week by Monash University law lecturer Rebecca Giblin argues graduated response systems are ineffective in dealing with online copyright infringement. Looking at systems in France, New Zealand, Taiwan and South Korea, Giblin examined the extent to which the programmes reduce infringement, maximise authorised uses and “promote learning and culture by encouraging the creation and dissemination of a wide variety of creative materials”. By all three standards, the study argues that graduated responses are not effective.

Citing the report, the Green Party of New Zealand called for a review of the country’s three-strikes law. The program, which came into effect in September of 2011, handed down its first fine in January of this year.

Accusations fly in Bristol-Myers Squibb compulsory licence battle

The Times of India reports that Indian generic BDR Pharma has accused Bristol-Myers Squibb (BMS) of misleading the Delhi High Court. The two companies are locked in a multi-front battle over BMS’s leukaemia drug dasatinib. BMS has filed infringement proceedings against BDR, while BDR has applied for a compulsory licence for the drug under section 84 of the Patents Act. Counsel for BDR told the Times that BMS “misled” the court by stating that BDR’s compulsory licence application was rejected by the Patent Controller. Though the Patent Controller issued a preliminary notice stating that BDR did not establish a prima facie case for the licence, BDR argues that application is still pending with a final hearing scheduled for September 17.

In addition to the dasatinib compulsory licence application filed by BDR, the Indian government has also requested a compulsory licence for the drug under the “national emergency” provision (section 92) of the Patents Act. The request is still pending, though the Department of Industrial Policy and Promotion has already rejected one section 92 request for another drug, Ro

tsr.jpg
che’s trastuzumab.

Teresa Stanek Rea to leave USPTO

Acting director Teresa Stanek Rea (right), who took the helm at the USPTO after David Kappos’s departure in February, has announced that she will be stepping down “in the near future”. In an email to her USPTO colleagues and later posted on the Patent Docs blog, Rea states that she expects her successor will be appointed soon, and praised the work done by the office especially during the sequester. She did not reveal what her future plans were.

Rea was the keynote speaker last week at Managing IP’s Global IP & Innovation Summit in Shanghai. Be sure to check Managing IP’s website for her interview with Emma Barraclough.

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article