Internet Law Roundup and Commentary

March 16, 2006

This Blog Covered By A Creative Commons License Enforceable In The Netherlands

This Blog Covered By A Creative Commons License Enforceable In The Netherlands:

This blog is published under a Creative Commons license that allows for non-commercial use. Adam Curry recently sued to enforce his CC license in Amsterdam and prevailed. This appears to be the first time a CC license has been evaluated in a court (if you're aware of others, please advise).

No comment from Prof. Lessig (discoverer of the CC license) yet.

Commentary from Prof. Patry with many links here.

Posted by mikki at 11:10 AM | Copyright

March 15, 2006

BetaNews | Sun Partner Cries Foul in Patent Spat

BetaNews | Sun Partner Cries Foul in Patent Spat:

Mountain View, Calif.-based Java hardware company Azul filed for declaratory relief in order to "protect the interests of the company" from Sun Microsystems, the company said in a statement Wednesday.

Azul says Sun is attempting to force the company into paying an "exorbitant" sum of money to settle patent infringement allegations, as well as demanding part ownership of Azul and high up-front fees and royalties on the hardware the company sells.

If Azul does not comply, Sun has threatened with legal action, according to the allegations.

"Attempts to reach an agreement failed when Sun gave Azul an ultimatum: accept its final proposal or face litigation," Azul said in a statement. The company says the issues surround claims that it has misappropriated trade secrets and infringed on Sun's patents.

Posted by mikki at 10:21 PM | Intellectual Property

Could Holograms Be The Next Generation Of Trademarks?

Could Holograms Be The Next Generation Of Trademarks?:

Recently, many people in the intellectual property field have commented that all of the good or valuable trademarks have been exhausted, and all new trademark applications are previously (or currently) used marks filed on differing goods or services. Although these views on trademarks are probably not entirely true, less conventional options for trademarks are worth considering when developing a brand.

One untapped source for trademarks are holograms. Holograms are most notably used for anti-counterfeiting purposes. Businesses use them to distinguish their products from fakes. Take drivers’ licenses as an example. Most, if not all states, issue drivers’ licenses with state specific holograms to signify that the license is authentic.

Similarly, businesses should be able to use holograms as a source identifier and a means to distinguish goods or services from others in the marketplace. All of the existing trademark laws should still apply. Therefore, a useful hologram should be distinctive enough to be used to uniquely identify itself and its products or services to consumers.

In Holograms The next generation of trademarks? (appearing in the latested issue of IP Review), Dr. Ralf Sieckmann offers the following advice for registering a holographic device as a trademark:

-Describe the hologram in as much detail as possible, providing visual views of the hologram in various frames with descriptions of angle and appearance.

-File holograms in countries that have a liberal view on the registration of simple holograms, such as in France, Australia and the United States.

-If a country’s trademark procedures are too restrictive, consider filing an international application through one of these countries first. Once registered, WIPO will simply duplicate the trademark as an international trademark, and it will be up to each country to determine the registerability of the hologram mark.

-Last, but not least, if such an approach does not work, an alternative is to file a national or Community Design. Such designs can be registered on packaging, as a film or on other parts, provided the hologram is new or less than 12 months on the market.

When considering your next tradmark, think about using holograms. The are a vast number of options... at least for now, anyway.

Posted by mikki at 05:20 PM | Trademark

Patent Issued to ProactiveNet Inc.

blackenterprise.com:

ProactiveNet Inc., the time-to-value leader in Business Services Management (BSM), today announced it has received its third U.S. Patent. This third patent (No. 6,816,898) extends the company's technology leadership position for IT service analytics and further strengthens the protection of ProactiveNet's intellectual property.

The patent describes a methodology that enables ProactiveNet to easily pull in performance data, in real-time, from any external source. The value in this technology is that ProactiveNet customers can easily add their own custom metrics, which are then leveraged by ProactiveNet's patented data correlation and analytics engine. In fact, ProactiveNet is the only BSM solution that can link customized data and key business metrics, such as online dollar sales per hour, with detailed performance data from the end-to-end IT infrastructure in real-time.

Posted by mikki at 12:46 PM | Intellectual Property

What Right in Digital Actors?

What Right in Digital Actors?:

A Copyfight reader pointed me to a Slate story on digital thespians. Epstein talks about two kinds of digital creations: wholly new 'synthespians' as well as digitized representations of actual actors (Tom Hanks for Polar Express; Sean Connery for the From Russia with Love game). Although the technical hurdles to such captures remain quite large - especially if your goal is true-to-life, fool-an-audience reproduction - the reader's question was different.

To wit: what rights do you purchase/license/contract for in creating such a reproduction of a real person? Rights to the "likeness?" Performance rights? Do either of these cover things the actor never physically did or said? Is there an exclusivity clause? There are clearly some issues around the ownership of a character, if that character has appeared before (e.g. Connery's Bond) but usually the character rights reside with the studio. But if you want the Connery Bond instead of a generic James Bond you also have to incude Connery in the deal, as well as whatever studio or estate has the Bond character rights.

IANAL, but I'm hoping some of my readers are or can point me to resources from people who've actually worked in this area.

Posted by mikki at 10:21 AM | Internet Law

March 14, 2006

BBC NEWS | Technology | Google set for court in data spat

BBC NEWS | Technology | Google set for court in data spat:

Google is to take on the US government in court on Tuesday as the internet search engine fights demands to hand over records and lists of data.
The Justice Department wants Google to provide a week's worth of search records, saying it needs the data to help it better police cyberspace.

But Google complains that complying with the request would compromise its business and the privacy of its users.

Similar requests were made of other net firms such as Microsoft, Yahoo and AOL.

Posted by mikki at 02:09 PM | Internet Law

Wipo Director Opens Conference

ag-ip-news.com (Intellectual Property News Agency)AGIPNEWS2816:

GENEVA - The World Intellectual Property Organization (WIPO) announced in a Tuesday press release that the Director General Dr. Kamil Idris, in the presence of Singapore’s Deputy Prime Minister, Professor S. Jayakumar, opened on March 13, 2006, a diplomatic conference on intellectual property (IP) for a new treaty in the field of trademarks.

It is the first time that a diplomatic conference organized by WIPO is held in Asia. On March 14, 2006, Dr. Idris attended the first plenary session, which resulted in the election of Singapore’s Permanent Representative to the United Nations in Geneva Ambassador Burhan Gafoor, as President of the Diplomatic Conference for the Adoption of a Revised Trademark Law Treaty (TLT).

Posted by mikki at 01:09 PM | Trademark

UltraDNS Extends Leading Managed DNS Service Behind the Corporate Firewall

UltraDNS Extends Leading Managed DNS Service Behind the Corporate Firewall:

Managed internal DNS service provides a high performance, cost-effective solution to address the increased complexity of corporate IP networks. more...

Posted by mikki at 12:48 PM | Internet Law

Answers from Vint Cerf: The Road Ahead for Top-Level Domains

Answers from Vint Cerf: The Road Ahead for Top-Level Domains:

Earlier this year we requested your questions on one of ICANN's most heated discussions -- issues involving top-level domains (TLDs) -- which we passed on to Vint Cerft, Google's VP and Chief Internet Evangelist and chairman of the board of ICANN. Despite an understandably heavy schedule, Vint Cerf has taken the time to personally respond to more questions than we had originally anticipated. So with a special thanks, here are his responses. more...

Posted by mikki at 12:45 PM | Internet Law

March 13, 2006

Government Sides Against EBay in Patent Dispute

Government Sides Against EBay in Patent Dispute:

The federal government yesterday took a position against eBay Inc. in a patent dispute that threatens to shut down one of the online auction site's popular shopping features.

The Office of the Solicitor General said in a brief filed with the Supreme Court that eBay willfully infringed on patents held by Great Falls-based MercExchange LLC and should be enjoined from using its "Buy It Now" feature, which allows users to buy goods at fixed prices rather than compete in auctions. Goods sold using that system account for about a third of eBay's business.

Posted by mikki at 08:35 AM | Intellectual Property

GLASS ON WEB - Glass News - Court Ruling Upholds Corning Patent

GLASS ON WEB - Glass News - Court Ruling Upholds Corning Patent:

Corning Incorporated announced that the United States District Court for the District of Delaware has issued a ruling in its favor. The Court's ruling declared fully enforceable a patent exclusively licensed to Corning for optical biosensors that enable label-independent detection of chemical, biochemical and biological substances in a sample. The Court further concluded that Corning is entitled to a permanent injunction against SRU Biosystems of Woburn, MA, which infringed on the patent and induced a customer to infringe the patent through its testing activities.

Posted by mikki at 08:33 AM | Intellectual Property

Top Officials to Open Diplomatic Conference...

ag-ip-news.com (Intellectual Property News Agency)AGIPNEWS2807:

GENEVA - A major conference to revise a key international treaty in the field of trademarks, convened by the World Intellectual Property Organization (WIPO), opens on Monday in Singapore in the presence of top officials.

According to a press release by the Organization, the three-week conference will be formally launched by WIPO Director General, Dr. Kamil Idris, in the presence of Singapore’s Deputy Prime Minister and Minister for Law, Professor S. Jayakumar. High-ranking diplomatic delegations from the 183 WIPO member states, many led by senior officials, as well as observer delegations representing the branded goods industry and the trademark profession, will be attending the conference.

Posted by mikki at 08:32 AM | Trademark

Seventh US Patent Issued to Analytical Spectral Devices, Inc. Related to Verification of Pharmaceuticals

Seventh US Patent Issued to Analytical Spectral Devices, Inc. Related to Verification of Pharmaceuticals:

Analytical Spectral Devices, Inc. (ASD), manufacturer of precision analytical instruments for real-time, field based material identification and verification, announced today that the United States Patent and Trademark Office has issued Patent Number 7,006,214 related to ASD’s innovative solution, RxSpec® technology.

Boulder, Colo., March 10, 2006 — Analytical Spectral Devices, Inc. (ASD), manufacturer of precision analytical instruments for real-time, field based material identification and verification, announced today that the United States Patent and Trademark Office has issued Patent Number 7,006,214 related to ASD’s innovative solution, RxSpec® technology.

“This is ASD’s seventh patent covering pharmaceutical verification and the second patent specifically related to our RxSpec® drug verification solution” says Dave Rzasa, President and CEO. “These patents further strengthen ASD’s leadership position in providing solutions to furthering pharmacist productivity, while at the same time combating counterfeits.”

ASD’s patented RxSpec® technology utilizes a combined visible and near infrared spectroscopy inspection system to directly check the prescription drug while in the dispensing vial. The real-time measurement is sensitive to chemical composition, color, and dosage level. The measured “chemical fingerprint” is compared to an extensive known database, thereby providing absolute assurance that the dispensed drug is correct in both type and concentration, regardless of similarity in appearance. In seconds, RxSpec® technology verifies the identity and dosage of a prescription drug dispensed by a pharmacy, thereby reducing potentially harmful filling errors, as well as detecting counterfeit drugs. And because RxSpec® technology is non-destructive, it can be used to inspect 100% of the prescriptions prepared by a pharmacy.

Posted by mikki at 08:30 AM | Intellectual Property

March 12, 2006

BlackBerry hits the acquisition path - Breaking - Technology - smh.com.au

BlackBerry hits the acquisition path - Breaking - Technology - smh.com.au:

The maker of BlackBerry email devices, fresh from settling a lawsuit that threatened its very business, is buying a company that will allow it to marry BlackBerries with corporate phone systems.

"It makes your BlackBerry perform just like your desktop phone," said Jim Balsillie, co-chief executive of the company behind the BlackBerry, Research in Motion Ltd.

RIM announced Friday that it has bought Ascendent Systems, a company that makes software for connecting mobile-phones to a corporate phone switch, or PBX.

Ascendent's software will be merged into RIM's later this year, enabling office-phone functions like simultaneous ringing at several locations, call transfer and spontaneous teleconferencing, Balsillie said.

The two companies have been partners, but Ascendent's software was sold separately. Balsillie said it will work with any type of PBX.

"So many of our customers were asking for the functionality of Ascendent, it really made it natural to start to integrate it into the core offering," Balsillie said.

Posted by mikki at 05:59 PM | Intellectual Property

WAVY.COM - Virginia company suing Missouri utility firm

WAVY.COM - Virginia company suing Missouri utility firm:

KANSAS CITY, Mo. A Virginia company has filed a federal patent infringement lawsuit against Kansas City Power and Light, in Missouri.

The lawsuit was filed in Kansas City by attorneys for Georgia Technologies, based in McLean, Virginia. It claims that K-C-P-and-L has been illegally using the other company's patented technology in the utility's electronic billing system.
The system allows K-C-P-and-L customers to view their statements and pay bills from their home computers.
The lawsuit asks a judge to order the utility to stop using the technology. It also seeks triple damages for the alleged infringement.

Posted by mikki at 05:14 PM | Intellectual Property

One way to develop an intellectual property portfolio is to use up-to-date and accurate competitive intelligence on industry competitors as a map to lay out your company’s intellectual property procurement and enforcement strategies.

Competitive intelligence is an ongoing initiative to discover, analyze and use intelligence on competitors’ intellectual property, sales, marketing, regulatory filings and other publicly available information to become more competitive in the marketplace.

Compiling competitive intelligence is an ongoing process. Using modern technology as well as more traditional methods, it is less difficult than ever before to keep tabs on industry players.

The Internet is a key source to use to identify intellectual property (both published and issued patents for example), learn about marketing strategies on company websites, and look up publicly available information about products submitted for regulatory approval. There are also subscription services that deliver information. For example, services exist that tabulate marketing and sales data for specific industries. It is also possible to obtain information through common sources, i.e., vendors, manufacturers and distributors that work with multiple competitors. Lastly, it is possible to collect valuable information at industry trade shows and conferences.

Posted by mikki at 11:08 AM | Intellectual Property

Accounting, Tax and Reporting Treatments For Patents

Accounting, Tax and Reporting Treatments For Patents:

When determining the “value” of a patent, some businessmen and attorneys try to ascertain a theoretical numerical value that represents a patent’s “worth”. In other words, if they wanted to sell a particular patent, they are looking to calculate how much they could get for it. However, that isn’t the only patent value worth determining.

Another “value” of a patent is the “associated” value. This is a value accounts often refer to and record with respect to patents.

There are two common scenarios accounts use for financial and tax reporting treatments of patents. Depending on whether a patent was developed within an organization or whether it was purchased as an asset will determine which scenario is appropriate.

If a patent was developed within an organization or company:

1.Reflected As Asset On Financial Statements: Associated costs for developing the patent are deducted as current operating expenses. This is common for companies reporting on the cash basis of accounting or another consistent basis of accounting other than the GAAP (Generally Accepted Accounting Principles). When this cash basis situation occurs, the development cost of the patent is not reflected as an asset on the balance sheet of the company. However, the legal fees and filing costs associated with the patent are carried as an intangible asset on the financial statements of the company.

If legal costs are incurred to defend the patent rights, those costs are capitalized as an asset if the defense of the patent is successful. If defense of the patent is unsuccessful, legal costs of defense are expensed.