The United States Patent and Trademark Office (PTO) published Interim Guidance on 27 July 2010, for evaluating method claims for subject-matter eligibility under § 101 of the Patent Act. This guidance follows the Supreme Court’s recent decision in Bilski v. Kappos.
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Showing posts with label patent. Show all posts
Showing posts with label patent. Show all posts
U.S. Patent Office Guidelines for patentable subject matter
See article at this U.S. law firm website.
Patents Class
On Monday, 10 May 2010, we will be looking at patents.
Some reading for this class:
1. History
Some reading for this class:
1. History
2. State Street Bank decision
3. Bilski
Apple Sues Maker of Google's Android Phone
See NY Times article
"In the lawsuit, filed with the office of the United States International Trade Commission and the United States District Court in Delaware, Apple said that HTC phones running Android violated 20 of its patents, including those relating to the iPhone’s ability to recognize the touch of multiple fingers on its screen at once."
Business Method Patents
http://www.nytimes.com/2009/06/02/business/02bizcourt.html?_r=2&hpw
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
"WASHINGTON — The Supreme Court agreed on Monday to decide what sorts of business methods might be patented, an issue with the potential to reshape significant parts of the economy. “This is the most important patent case in 50 years, in particular because there is so much damage and so much good the court could do,” said John F. Duffy, a law professor at George Washington University who submitted a brief in the appeals court in support of neither side."
Stanford IP Litigation Clearinghouse
This is an interesting website: http://lexmachina.stanford.edu/
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
On December 8, 2008, the Law, Science & Technology Program at Stanford Law School, together with several commercial and philanthropic partners, launched the Stanford Intellectual Property Litigation Clearinghouse (IPLC). A free online database, the site is being released to the public in phases, with the patent portion currently offering real-time comprehensive data regarding patent infringement litigation in the United States. Non-patent matters, including copyright, trademark, trade secret and antitrust currently offer only intermittent data while "pending additional fundraising."
Proposed Changes to the Patent Act
If you are interested in patents, then you may be interested in these proposed changes to the law in Australia. We will be looking at patents later in the semester.
Patents and Google
Google Patent Chief: Patent reform needed more than ever
Posted: 03 Mar 2009 11:29 AM PST
Editorial by Michelle Lee, Head of Patents and Patent Strategy at Google, See http://googlepublicpolicy.blogspot.com/2009/03/patent-reform-needed-more-than-ever.html
Recent Articles About Ebay
[Source for these and next 3 posts are the excellent BNA News]
EBAY AND YAHOO FORM ADVERTISING ALLIANCE
Yahoo and eBay have reached a multi-year advertising and
commercial partnership aimed at boosting their position
against Web search leader Google. According to the deal,
Yahoo will be the exclusive third-party provider of all
graphic ads throughout eBay's auction site. Yahoo has also
chosen eBay's online payment system PayPal to allow its own
customers to pay for Yahoo Web services.
http://www.nytimes.com/reuters/technology/tech-media-yahoo-ebay.html
MORPHEUS MAKERS FILE LAWSUIT AGAINST EBAY
StreamCast Networks, the creators of the Morpheus
file-sharing software, is alleging in a lawsuit that auction
house eBay is profiting from peer-to-peer technology that
rightfully belongs to it. StreamCast claims in a lawsuit
filed Monday in the U.S. Central District Court in Los
Angeles that Niklas Zennstrom and Janus Friis, the duo who
developed the technology behind companies Kazaa and Skype,
of breaking an agreement to give StreamCast the first right
to purchase their FastTrack peer-to-peer protocol.
http://news.com.com/2100-1030_3-6075933.html
SUPREME COURT ORDERS NEW HEARING FOR EBAY
The US Supreme Court has handed a victory to patent-reform
advocates, ruling that MercExchange was not automatically
entitled to a court order in a patent dispute with eBay. In
a closely watched case, the court unanimously ruled that
judges have flexibility in deciding whether to issue court
orders barring continued use of a technology after juries
find a patent violation. Decision at
http://laws.findlaw.com/us/000/05-130.html
Coverage at
http://tinyurl.com/s2q86
EBAY USER SENTENCED TO FIVE MONTHS IN JAIL FOR THREATS
A Romanian native unhappy with eBay Inc.'s business
practices was sentenced to five months in prison for making
e-mailed threats against two of the company's top officers.
Florin Horicianu also received five months of electronic
monitoring and was ordered to stay away from eBay employees
and events
http://tinyurl.com/ng8s7
UK INTRODUCES LAW TO BLOCK SOCCER TICKET SALES ON EBAY
FIFA IS set for a legal battle with eBay after the auction
site failed to halt the sale of unofficial World Cup tickets
on their website. The UK Government yesterday introduced a
change in the law governing the sale of tickets for the
World Cup not authorised by football's world governing body
Fifa. Under the 1994 Criminal Justice and Public Order Act
it was already an offence to sell tickets for any of
England's group matches at this summer's finals in Germany.
But yesterday's amendment widened the definition of a
designated match covered by the legislation making it
illegal to sell tickets for any World Cup games.
http://tinyurl.com/ggmcq
'WARCRAFT' MAKER SUED FOR BLOCKING SALES OF UNOFFICIAL GUIDE
Makers of the wildly popular "World of Warcraft" online game
now face a lawsuit from an eBay seller who claims he was
improperly barred from selling copies of his own unofficial
gaming guide. During several months beginning last August,
24-year-old Brian Kopp sold several hundred copies of his
guide, which contains tips on playing the game and
accumulating points, at roughly $15 apiece. Weeks after his
first auction went live, Blizzard, Vivendi, and the ESA
began sending repeated takedown notices under the DMCA,
asking eBay to yank the auctions because of copyright and
trademark infringement concerns.
http://news.com.com/2100-1043_3-6053716.html
TOWN AUCTIONED ON EBAY UP FOR SALE AGAIN
The first town ever auctioned on eBay soon will be back up
for sale on the online auction site. Nearly two years after
he bought the tiny town of Bridgeville, Orange County
financial adviser Bruce Krall says he plans to re-auction
the Humboldt County hamlet on eBay next month.
<http://tinyurl.com/ftcq6>
POLICE OFFICER SELLS STOLEN VEHICLE ON EBAY
A police officer in Florida has been charged with selling a
car that he knew had been stolen over eBay to a man in North
Carolina. The Florida Highway Patrol was brought into this
by the Kissimmee Police Department because, when North
Carolina authorities called, officers realized the man they
were investigating was one of their own.
http://www.wftv.com/news/2544472/detail.html
EBAY AND YAHOO FORM ADVERTISING ALLIANCE
Yahoo and eBay have reached a multi-year advertising and
commercial partnership aimed at boosting their position
against Web search leader Google. According to the deal,
Yahoo will be the exclusive third-party provider of all
graphic ads throughout eBay's auction site. Yahoo has also
chosen eBay's online payment system PayPal to allow its own
customers to pay for Yahoo Web services.
http://www.nytimes.com/reuters/technology/tech-media-yahoo-ebay.html
MORPHEUS MAKERS FILE LAWSUIT AGAINST EBAY
StreamCast Networks, the creators of the Morpheus
file-sharing software, is alleging in a lawsuit that auction
house eBay is profiting from peer-to-peer technology that
rightfully belongs to it. StreamCast claims in a lawsuit
filed Monday in the U.S. Central District Court in Los
Angeles that Niklas Zennstrom and Janus Friis, the duo who
developed the technology behind companies Kazaa and Skype,
of breaking an agreement to give StreamCast the first right
to purchase their FastTrack peer-to-peer protocol.
http://news.com.com/2100-1030_3-6075933.html
SUPREME COURT ORDERS NEW HEARING FOR EBAY
The US Supreme Court has handed a victory to patent-reform
advocates, ruling that MercExchange was not automatically
entitled to a court order in a patent dispute with eBay. In
a closely watched case, the court unanimously ruled that
judges have flexibility in deciding whether to issue court
orders barring continued use of a technology after juries
find a patent violation. Decision at
http://laws.findlaw.com/us/000/05-130.html
Coverage at
http://tinyurl.com/s2q86
EBAY USER SENTENCED TO FIVE MONTHS IN JAIL FOR THREATS
A Romanian native unhappy with eBay Inc.'s business
practices was sentenced to five months in prison for making
e-mailed threats against two of the company's top officers.
Florin Horicianu also received five months of electronic
monitoring and was ordered to stay away from eBay employees
and events
http://tinyurl.com/ng8s7
UK INTRODUCES LAW TO BLOCK SOCCER TICKET SALES ON EBAY
FIFA IS set for a legal battle with eBay after the auction
site failed to halt the sale of unofficial World Cup tickets
on their website. The UK Government yesterday introduced a
change in the law governing the sale of tickets for the
World Cup not authorised by football's world governing body
Fifa. Under the 1994 Criminal Justice and Public Order Act
it was already an offence to sell tickets for any of
England's group matches at this summer's finals in Germany.
But yesterday's amendment widened the definition of a
designated match covered by the legislation making it
illegal to sell tickets for any World Cup games.
http://tinyurl.com/ggmcq
'WARCRAFT' MAKER SUED FOR BLOCKING SALES OF UNOFFICIAL GUIDE
Makers of the wildly popular "World of Warcraft" online game
now face a lawsuit from an eBay seller who claims he was
improperly barred from selling copies of his own unofficial
gaming guide. During several months beginning last August,
24-year-old Brian Kopp sold several hundred copies of his
guide, which contains tips on playing the game and
accumulating points, at roughly $15 apiece. Weeks after his
first auction went live, Blizzard, Vivendi, and the ESA
began sending repeated takedown notices under the DMCA,
asking eBay to yank the auctions because of copyright and
trademark infringement concerns.
http://news.com.com/2100-1043_3-6053716.html
TOWN AUCTIONED ON EBAY UP FOR SALE AGAIN
The first town ever auctioned on eBay soon will be back up
for sale on the online auction site. Nearly two years after
he bought the tiny town of Bridgeville, Orange County
financial adviser Bruce Krall says he plans to re-auction
the Humboldt County hamlet on eBay next month.
<http://tinyurl.com/ftcq6>
POLICE OFFICER SELLS STOLEN VEHICLE ON EBAY
A police officer in Florida has been charged with selling a
car that he knew had been stolen over eBay to a man in North
Carolina. The Florida Highway Patrol was brought into this
by the Kissimmee Police Department because, when North
Carolina authorities called, officers realized the man they
were investigating was one of their own.
http://www.wftv.com/news/2544472/detail.html
Challenge to Amazon's 1-Click Patent
New Zealander Peter Calveley has successfully lobbied the US Patent and Trademark Office (USPTO) to re-examine Amazon's 1-Click Patent, the online process that enables shoppers to enter their credit card details and address just once so that on subsequent visits to the website, it takes just a single mouse click to make a purchase. Read more here.
eBay patent case
iTunes patent
WIRELESS ITUNES DISTRIBUTION - Apple receives patent
A patent application filed by Apple Computer in December 2004 appears to cover a method of buying a song, ring tone, for music video from an online store over a wireless network. The application was published yesterday on the Web site of
the US Patent and Trademark Office. It describes an invention that allows cell phone or wireless handheld users to interact with an online music store, such as iTunes, and mark a song or video file that can be downloaded to a computer at a later time.
http://news.com.com/2100-1027_3-6068654.html
A patent application filed by Apple Computer in December 2004 appears to cover a method of buying a song, ring tone, for music video from an online store over a wireless network. The application was published yesterday on the Web site of
the US Patent and Trademark Office. It describes an invention that allows cell phone or wireless handheld users to interact with an online music store, such as iTunes, and mark a song or video file that can be downloaded to a computer at a later time.
http://news.com.com/2100-1027_3-6068654.html
US Government sideas against eBay in patent dispute
The US Office of the Solicitor General said in a brief filed with the US Supreme Court on Friday 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. Read more here.
End of patent lawsuit against Blackberry
Blackberry has settled its patent infringement lawsuit filed by NTP. Read more about what this means and why there are still detractors of Blackberry's wireless email system from the New York Times (free subscription required).
For some background and commentary, see Ben at LawFont.
For some background and commentary, see Ben at LawFont.
Is Amazon becoming Big Brother?
From the Associated Press:
"Amazon.com Inc. has one potentially big advantage over its rival online retailers: It knows things about you that you may not know yourself.
"Though plenty of companies have detailed systems for tracking customer habits, critics and boosters alike say Amazon is the trailblazer, having collected information longer and used it more proactively. It even received a patent recently on technology aimed at tracking information about the people for whom its customers buy gifts."
Read more here.
Should we be concerned about our privacy? Or is it making online shopping more convenient? What does Amazon's Privacy Policy say?
"Amazon.com Inc. has one potentially big advantage over its rival online retailers: It knows things about you that you may not know yourself.
"Though plenty of companies have detailed systems for tracking customer habits, critics and boosters alike say Amazon is the trailblazer, having collected information longer and used it more proactively. It even received a patent recently on technology aimed at tracking information about the people for whom its customers buy gifts."
Read more here.
Should we be concerned about our privacy? Or is it making online shopping more convenient? What does Amazon's Privacy Policy say?
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