This Week In Intellectual Property, January 27th

This Week In Intellectual Property, January 27th

News and Commentary

The Auto Care Association has filed an amicus brief in favor of Google in Google v Oracle. Their argument is that a ruling in Oracle’s favor would reaffirm the copyrightability of APIs, severely restricting the ability of replacement parts manufacturers to produce components compatible with cars that are increasingly software-intensive.

Everything’s bigger in Texas–including patent litigation. After the appointment of Judge Alan Albright in 2018 to the Western District of Texas, the number of patent cases filed in the jurisdiction has exploded to 250 in 2018, more than all those filed the four years prior combined, and several IP law firms have relocated to Waco. Albright has streamlined the process and “travel[ed] the country drumming up business.” Patent attorneys, too, have been spreading the good news to attract litigation in front of a judge expected to provide “the expertise to create an efficient and welcome environment.” This smells of venue shopping by litigants eager to come before a favorable judge.

Ariana Grande has been sued for copyright infringement for her song “7 Rings” by Josh Stone, creator of the song “You Got it, I Need It.”

Trend Micro Incorporated has joined the License on Transfer (LOT) network, a patent pool where companies effectively sign a mutual non-aggression pact by joining, citing the need to combat patent trolls as the justification.

The Great Gatsby is set to enter the public domain by 2021.

Here’s an interesting article from law professor Dennis Crouch comparing efficient infringement in the context of patent law to “efficient trespass” by a business delivering a mobile home.

Some good news from abroad: after voting for it in April 2019, the United Kingdom announced it will not implement Article 13 of the EU’s Copyright Directive.


New Research

A new paper from the National Bureau of Economic Research examines the role of spending on prosthetics and patenting. They observe that “stingier” Civil War spending led to more patenting of cheaper prosthetics, while looser WWI spending didn’t, but allowed for prosthetics with greater comfort, better aesthetic look, etc.

A new paper published in the UC Davis Law Review analyzes how text and data mining (using software to analyze the contents of various works, rather than accessing the works themselves), is protected by fair use and gives the United States a competitive edge relative to other countries like Japan and EU member states.

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By |2020-01-29T11:52:30-08:00January 27th, 2020|Blog, Intellectual Property|