Monthly Archive for: ‘March, 2012’

“If you guys were the inventors of Facebook, you’d have invented Facebook”: Yahoo! sues Facebook for patent infringement

“Facebook me” has become part of the vernacular but, if a lawsuit filed by Yahoo! on 12 March 2012 is to be believed, we could just as easily have seen friends entreating one another to “Yahoo! me”.  In the suit filed in the United Stated District Court for the Northern District of California, Yahoo!

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Parties live to fight another day in gene patents battle

On Monday, the United States Supreme Court set aside the Court of Appeals decision in Association for Molecular Pathology v Myriad Genetics (Myriad Genetics case), ordering the Court of Appeals to reconsider its finding that gene patents for the detection of inheritable breast cancer were valid in light of the Supreme Court’s subsequent decision in Mayo Collaborative Services v Prometheus Laboratories Inc (Prometheus Laboratories case) handed down last week.

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Some good news and some bad news for copyright owners

On 28 March 2012 the High Court handed down a copyright case in which the plaintiffs – including Sony Music, Warner Music, EMI Music and Universal Music – sought to immunise their copyright from the 1% cap on royalties imposed by the Copyright Tribunal’s compulsory licensing scheme.

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Prometheus Laboratories receives a terminal diagnosis from the US Supreme Court

The United States Supreme Court found last week that the claims of Prometheus’ diagnostic method patents were invalid.  The Supreme Court’s decision reversed an earlier decision of the Court of Appeals for the Federal Circuit and in so doing has provided patent applicants and challengers with some guidance on when claims to unpatentable laws of nature might be transformed into patent eligible applications of those laws.  However, the case may call the validity of certain method claims, including diagnostic method claims, into question.  Those who have such claims sh

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Controversial licence granted over patented cancer drug

In September last year we reported that the Indian pharmaceutical company Natco had applied for a compulsory licence to manufacture and sell (in India) a generic version of Bayer’s patented anti-cancer drug sorafenib (Nexavar).  Last week the Indian Controller of Patents published a decision granting this licence.  The Controller’s decision is significant because it is the first time a compulsory licence has been grante

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Leading Australian artist awarded damages for unjustified threats in groundbreaking online copyright decision

In a landmark decision, the Federal Court of Australia has awarded Aboriginal activist artist, Richard Bell, damages of $147,000 against New York filmmaker Tanya Steele for unjustified threats.  The case is significant because it is the first time damages have been awarded where a third party had content removed from the internet without legal justification.  IP Whiteboard’s John Swinson acted for Mr Bell.  You can read more about the decision Read More

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Football Dataco ruling: skill and effort benched for creative freedom

In Football Dataco and Others [2012] EUECJ C-604/10, the organisers of the English and Scottish football leagues and Football Dataco handed a red card to Yahoo!

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Who killed ‘The Hobbit’, and Can They? Intriguing Whodunnit begins…

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Update – Barbie drops copyright claim against Bratz, appeals US$300 million judgment

After an 8-year legal battle in the United States, Barbie manufacturer Mattel has abandoned its copyright claim over the Bratz dolls, made by rival company MGA.  However, in papers recently fil

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