October IP Memes

October 19, 2004 on 10:12 am | In Articles |

My latest IP Memes (October 18, 2004) issue is out (copy below).  It is a weekly newsletter which you can obtain a free subscription for at http://www.technolawyer.com.  If you aren’t signed up for the TechnoLawyer newsletters…you should be.  [You can also find a PDF copy of all of my IP Memes on my "about" page.]

POCKET BLOGS
Are blogs the “new pocket part, especially for IP lawyers?” Robert Ambrogi thinks so. In a recent Law Technology News article, he noted that because of their “immediacy and focus” blogs “provide up-to-the-minute news and analysis of judicial, legislative and regulatory developments.” His article focuses on the usefulness of intellectual property law blogs, including a survey of selected ones. Law Technology News Article

I’M JUST AN IP BILL SITTING HERE ON CAPITOL HILL
Congress has wrapped up business until after the November elections, leaving a number of intellectual property bills sitting in limbo. The Promote the Progress Blog has a complete rundown of the bills and their current status. Promote the Progress author J. Matthew Buchanan points out that the stalled bills include: H.R. 1561 — The United States Patent and Trademark Fee Modernization Act (fees, USPTO modernization, fee diversion); S.2192 — The Cooperative Research and Technology Enhancement (CREATE) Act (would amend 35 USC section 103(c) to add a collaborative research exception); S.1191 — The Intellectual Property Protection Restoration Act (state immunity to patent infringement); S.2796 — a bill to clarify that service marks, collective marks, and certification marks are entitled to the same protections, rights, and privileges of trademarks; and H.R. 4358 — The Stop Counterfeiting in Manufactured Goods Act. Promote the Progress Blog Article & Thomas Legislative Information & Schoolhouse Rock’s “I’m Just a Bill”

PUTTING THE SCREW TO INFRINGERS
Earlier this month, a jury awarded Dr. Gary K. Michelson more than $550 million dollars in his suit against a subsidiary of Medtronic for patent infringement, royalty accounting issues, and contractual matters. The technology relates to spinal screws used during spinal surgery. It took the jury over a month to reach a verdict which included over $400 million dollars in punitive damages. Medtronic (of course) will appeal. Reuters Article & PHOSITA Blog Article

INDUCING PREMATURE DEATH
As mentioned in prior IP Memes issues, pending before the Senate as SB2560 is the “Inducing Infringement of Copyrights Act (IICA).” The IICA (a.k.a. The Induce Act) would add a cause of action for inducing copyright infringement to the Copyright Act. Opponents of the IICA have argued that the bill, as drafted, is written so broadly that infringement suits could be a reality for anything from Silly Putty to iPods. Law blogger opponents even started a blog (The Induce Act Blog) to provide updates on the latest status on the Act. Recent Induce Act Blog posts seem to indicate that opposers had apparently been vocal enough to stall out, if not kill any potential that the IICA would see the light of day. Whether or not they are claiming premature victory, only time will tell. Induce Act Blog & Corante Blog Article

FIFTEEN MINUTES OF FAME FOR THE FIVE-SECOND RULE
The winners of this year’s Ig Nobel Prizes (not to be confused with the Nobel Prize) were recently announced. The Ig Nobel Prizes “are intended to celebrate the unusual, honor the imaginative — and spur people’s interest in science, medicine, and technology.” Among this year’s winners were “The Effect of Country Music on Suicide,” “Coordination Modes in the Multisegmental Dynamics of Hula Hooping,” “the scientific validity of the Five-Second Rule about whether it’s safe to eat food that’s been dropped on the floor,” and the Combover patent discussed in last week’s issue of IP Memes. Seattle Times Article & Ig Nobel Prize Site

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