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Canadian colleges exerting independence in monitoring their own copyright...

Access Copyright is a collective which manages a pool of protected intellectual works, charging fees to Canadian colleges and universities and paying royalties to copyright holders. Access Copyright...

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US patent court says an abstract idea is not patentable simply because it is...

In CLS Bank v. Alice Corporation, 11-1301, the U.S. Court of Appeals for the Federal Circuit (Washington) ruled on May 10, 2013, that patents held by an Australian electronic financial firm (Alice...

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U.S. Supreme Court decides for Monsanto and its patent on weed-killer...

In a unanimous ruling on May 13, 2013, in BOWMAN v. MONSANTO CO. ET AL., the Supreme Court supported the patent protection afforded Monsanto’s weed-killer-resistant soybeans by saying the principle of...

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Michael Jordan’s infringement lawsuit tarnished the reputation of defendant,...

Qiaodan Sports Company Limited designs, manufactures and sells sportswear and sports accessories. Micheal Jordan sued Qiaodan early in 2012 for using his Chinese name and jersey number (23) without...

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Angelina Jolie’s brave decision sparks new debate on Myriad’s gene patents

The U.S. Supreme Court has begun deliberations in a case (The Association for Molecular Pathology vs. Myriad Genetics, Inc.) that has been cussed and discussed for years. Should Myriad Genetics or...

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Google insulated from users’ copyright violations by the Digital Millennium...

A U.S. District Judge rejected Viacom’s infringement claims over Google’s allowing the posting of clips from “The Daily Show with Jon Stewart,” “South Park,” and other programs, agreeing with Google...

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Purpose for valuation of intangible property illustrates the need for royalty...

Craig Johnson at The New York Law Journal lists three legal reasons why intellectual property may require a separate valuation, and at the same time indirectly explains the need for royalty rate...

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Coach prevails in suit against flea market owner who facilitated counterfeit...

Good news for fashion trademark owners (and others): Counterfeiters AND facilitators can be found liable for infringement. On May 31, 2013, in Coach, Inc., et al. v. Goodfellow, the United States Court...

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USSC rules that human genes are not patentable

Yesterday the U.S. Supreme Court ruled that human genes cannot be patented. Writing for the unanimous court in  Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., Justice...

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Does apportionment rule extend to trade secrets cases?

Case analysis: Versata Software, Inc. v. Internet Brands, Inc., 2012 U.S. Dist. LEXIS 145020 (October 9, 2012) Background: Both the plaintiff and defendant sold software to large automobile...

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Copyright ownership check wins reversal

Pamela Chestek writes in Property, Intangible : “…after seven years of litigation, partial summary judgment, and an award against the defendant for $100,000, the court vacated it all because, a year...

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Florida enacts Daubert standard for expert witness testimony

A little late to the party, the Florida legislature passed a bill to adopt the Daubert standard for expert testimony. It went into effect on July 1. Florida is now aligned with the federal courts and...

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Another musician wins back-pay settlement from when a download was a license

When Michael McDonald was a Doobie brother, a typical artist’s agreement with a major music company would offer up to 20% royalty on sales, and up to 50% on licenses of the music, say as a theme for a...

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When is an exclusive license effectively a patent assignment?

As readers of IP Value Wire know, valuation analysts dealing with IP are advised to audit ownership issues early on in the project. Pamela Chestek, writing in Property Intangible, offers some sage...

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Financial expert witnesses find the water choppy in intellectual property cases

According to a PWC study, from 2000-2012, Daubert challenges to financial expert witnesses in intellectual property cases led to testimony being excluded or partially excluded 53% of the time, the...

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Harmony Gold alleges Hasbro is violating its copyrights

Harmony Gold, a licensing company claiming copyright ownership rights on Macross, Mospeada (see Robotech.com) and The Southern Cross TV anime series, including rights to derivative works (e.g., toys),...

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Apple’s strategy in challenging Samsung’s rights with a standard essential...

In June the International Trade Commission ruled that Apple infringed on a Samsung standard essential patent and ordered a ban on importation and sale of some older model iPhones and iPads. That ban is...

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Kraft Foods thinks Cracker Barrel Old Country Stores’ attempt to move into...

Two holders of a “cracker barrel” trademark have peaceably co-existed for years because they were used for different goods and services. Kraft Foods carved out cheeses, sold in grocery stores. Cracker...

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The Administration’s veto of an ITC ban of importation of some Apple products...

The International Trade Commission (ITC) had determined that Samsung had bargained in good faith with Apple over licensing their standard essential patent having to do with connecting to a wireless...

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Costco blasted for unauthorized and misleading use of Michael Kors trademark...

Imagine the surprise marketers and designers from Michael Kors LLC had when they saw an April Costco advertisement that pictures a Michael Kors handbag when Costco is not an authorized Michael Kors...

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