Reuters via New York Times; Divided U.S. Supreme Court Turns to Less Sensitive IP Cases, 9/21/16

Reuters via New York Times; Divided U.S. Supreme Court Turns to Less Sensitive IP Cases:

"Shorthanded and ideologically divided, the U.S. Supreme Court has yet to take up any cases on politically sensitive social issues in its new term starting in October, instead showing a keen interest in more technical cases of importance to business such as disputes over intellectual property.

In addition to four intellectual property cases it has already agreed to hear, the court could as soon as next week take up a trademark battle that pits an Asian-American rock band and the Washington Redskins football team against the U.S. Patent and Trademark Office.

Later in the year, the court could take up a quirky copyright fight between a woman and a record company over a video she posted online of her toddler son dancing to a Prince song...

It is not unusual for the court to take up a handful of intellectual property (IP) cases among the 70 or so it selects for oral argument but this year there is a greater incentive than ever because they are often decided by unanimous or lopsided votes.

(Graphic on the Supreme Court's handling of intellectual property cases: http://tmsnrt.rs/2cZmi4S)"

Apple's new patent proposes a way to eliminate 'butt dialing' once and for all; Digital Trends, 9/24/16

Kyle Wiggers, Digital Trends; Apple's new patent proposes a way to eliminate 'butt dialing' once and for all:

"From the boneheadedly pragmatic to the wildly impractical, Apple’s patents run the gamut of usefulness, but one of the newer patents filed by the Cupterino, California-based company falls squarely in the latter category. On Thursday, the U.S. Patent and Trademark Office published an Apple filing, titled “detecting stowing or unstowing of a mobile device,” that presents a solution for the infamous “butt call” to which absentminded cellphone users too often fall victim...

There’s no certainty it’ll ever see the light of day, of course. (Patents aren’t a particularly reliable indicator of forthcoming features.) And Apple is notorious for filing applications that tend more toward the whimsical than feasible — last week, the iPhone maker patented “bleached sulfate” shopping bags with “rough and dull … [finishes].” But the idea of tapping the contextual prowess of smartwatches isn’t a new one, and is perhaps simple enough to implement in an over-the-air software update. Who knows: next time you inadvertently sit on your shiny new iPhone, it might just know who not to butt dial."

White House expanding open data initiatives; FedScoop, 9/21/16

Samantha Ehlinger, FedScoop; White House expanding open data initiatives:

"The Obama administration has big plans to improve its open data — particularly around contracting data, data on foreign aid and data to aid development.

In a series of new commitments announced Tuesday to further expand its third Open Government National Action Plan, the administration calls for increased engagement with contracting officers to discuss data quality and accessibility, and directs the Small Business Administration and Treasury Department to "reach out to small business owners to better understand what types of contracting data are most useful to them.”"

Apple patents bold new innovation – a paper bag; Guardian, 9/20/16

HAL 90210, Guardian; Apple patents bold new innovation – a paper bag:

"Apple has patented remotely disabling iPhone cameras. It’s patented Gear VR-style headsets, and watch-controlled photography. It’s even patented the sliding function to unlock the phone – deceased as of iOS 10 – and the concept of a phone with a bezel and rounded edges.

Now it’s gone one step further, and applied to patent a paper bag."

Professor analyzing decades of data to determine patent value; University of Kansas, 8/30/16

University of Kansas; Professor analyzing decades of data to determine patent value:

"For more than two centuries, patents have been considered a key governmental policy tool for economic innovation. And for just as long numerous assumptions have been made about what they mean to an innovation’s value, where the most important ones are litigated and numerous other questions. A University of Kansas law professor is part of a project that is providing definitive answers to these and other patent questions for policy makers through a unique, big-data approach.

Andrew Torrance, the Earl B. Schurtz Research Professor at the University of Kansas School of Law, and colleagues have developed an approach to analyze mountains of detailed U.S. patent data from 1976 to the present day. One application of their research, commissioned by Canada's Ministry of Innovation, has been a comprehensive analysis of how patents having either Canadian inventors or owners compare with those without such connections. One of their most striking findings is that patents listing at least one Canadian inventor are more than 15 percent more valuable, on average, than other patents."

Redskins, rock band battle government in trademark fight; Washington Post, 9/19/16

Sam Hananel, Washington Post; Redskins, rock band battle government in trademark fight:

"Simon Tam has openly criticized the Washington Redskins team name as a racist slur that demeans Native Americans.

But Tam and his Asian-American rock band, The Slants, find themselves on the same side as the NFL franchise in a First Amendment legal battle over trademark protection for names that some consider offensive. The Supreme Court could decide as early as this month whether to hear the dispute involving the Portland, Oregon-area band. And if the football team has its way, the justices could hear both cases in its new term. At issue is a constitutional challenge to a law barring the U.S. Patent and Trademark Office from registering trademarks that disparage minority groups. The office denied a trademark to the Slants in 2011 after finding the name disparaged people of Asian descent.

McGregor beaten to the punch as 'IP squatter' files trademark claim; Irish Independent, 9/18/16

Simon Rowe, Irish Independent; McGregor beaten to the punch as 'IP squatter' files trademark claim:

"Tabassum Gazala Khan has gone on a spending spree since July in an apparent bid to acquire valuable commercial IP linked to the UFC star.

Ms Khan spent €3,150 applying for an EU trademark for 'Conor McGregor The Notorious' - just days after shelling out Stg£500 (€590) on three UK trademark applications for 'The Notorious Conor McGregor', 'Conor The Notorious McGregor' and 'Conor McGregor The Notorious'. She has also registered the following websites: conormcgregor thenotorious.com, conorthenotoriousmcgregor.com and thenotoriousconormcgregor.net

The EU trademark application covers 17 classes of IP, which would enable Ms Khan to cash in on McGregor's name on products including aftershave, computer games, mugs and beer.

Legal experts predict McGregor will apply immediately to have the application declared invalid on the basis of 'bad faith'."

Swatch succeeds in trademark case over Apple 'iWatch'; BBC, 9/13/16

BBC; Swatch succeeds in trademark case over Apple 'iWatch' :

"The UK's Intellectual Property Office (IPO) upheld Swatch's opposition, which was filed in March 2014...

"This decision shows the difficulty global brands can have when it comes to launching a new product around the world," said Sharon Daboul, a trademark lawyer at law firm EIP.

"Trademarks are territorial, which means that a trademark must be available for registration in every country of interest."

Not being able to secure the iWatch trademark around the world would have been a "key factor", Ms Daboul added, in Apple's decision not to use the name for its smartwatch."

Oprah Winfrey beats 'Own Your Power' trademark appeal; Reuters, 9/16/16

Jonathan Stempel, Reuters; Oprah Winfrey beats 'Own Your Power' trademark appeal:

"Oprah Winfrey, the media mogul and former talk show host, on Friday defeated an appeal in a trademark lawsuit over her use of the phrase "Own Your Power" in her namesake magazine and on television, websites and social media.

The 2nd U.S. Circuit Court of Appeals in Manhattan said the plaintiff, Simone Kelly-Brown, a motivational speaker and business coach, and her company, Own Your Power Communications Inc, did not show that Winfrey's use of "Own Your Power" confused people.

The court also said the phrase "Own Your Power" was "not distinctive" and thus lacked independent trademark protection.

Kelly-Brown registered a "design mark" for "own your power" in a stylized light-blue script with the U.S. Patent and Trademark Office in May 2008."

Revised IP/copyright policy being readied; University Times, 9/15/16

Kimberly K. Barlow, University Times; Revised IP/copyright policy being readied:

"A proposed new intellectual property and copyright policy is expected to be ready for faculty review next month.

Jennifer E. Woodward, associate vice provost for research operations, told the University Senate research committee last week that an IP/copyright policy would be in the hands of the chancellor and provost this week.

“Unless they have an issue with it, we anticipate it going very soon then through the faculty review process,” she said, adding that it’s possible that the draft policy could be on the Senate research committee’s Oct. 7 agenda.

A provost’s committee headed by Vice Provost for Research Mark Redfern (www.policyreview.pitt.edu) has been working for more than a year to revise University policies (see March 3 University Times) to help faculty work with outside partners and translate their research more effectively.

Woodward said that the draft policy covers both patent and copyright policy issues. “They’ve been woven in a way that one policy speaks appropriately to both,” she said."

Commemorating the Lanham Act’s 70th; Politico, 9/14/16

Li Zhou, Politico; Commemorating the Lanham Act’s 70th:

[Kip Currier: I attended this reception recognizing the 70th year since the signing of the 1946 Lanham Act (the U.S. federal trademark statute). In highlighting the benefits of the trademark system, the speakers raised some powerful points about the impacts of counterfeit goods--such as Sen. Chuck Grassley's example of implantable medical devices--on public health and safety. Earlier in the day, at the "American Bar Association's Intellectual Property Law 4th Annual Trademark Day: Behind the Scenes at the USPTO", a speaker raised the similarly chilling example of counterfeit ball bearings in commercial airplanes. Compelling cases for ensuring product quality and brand authenticity and identification.]

"The U.S. Chamber of Commerce’s Global Intellectual Property Center will present framed copies of the 70-year-old federal trademark law to the co-chairs of the Congressional Trademark Caucus: Sens. Chuck Grassley (R-Iowa) and Chris Coons (D-Del.), and Reps. Suzan DelBene (D-Wash.) and Randy Forbes (R-Va.)."

Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’; New York Times, 9/13/16

Lisa Rein, Washington Post; Patent chief tells lawmakers ‘time and attendance fraud is not tolerated’ :

"U.S. Patent and Trademark Office Director Michelle K. Lee told lawmakers Tuesday that she and her team “do not tolerate any kind of attendance abuse” and promised that employees who commit fraud are disciplined...

A 15-month analysis by Deputy Inspector General David Smith’s office of thousands of patent examiners’ turnstile badge swipes, computer logins and remote computer connections from their homes to federal systems showed consistent discrepancies between the time employees reported working and the hours they actually put in.

This time and attendance abuse cost the government at least $18.3 million, as employees who review patent applications billed the agency for almost 300,000 hours they never worked, investigators found."

Fixing why USPTO issues low-quality patents should be oversight hearing's focus; The Hill, 9/13/16

Julie Samuels, The Hill; Fixing why USPTO issues low-quality patents should be oversight hearing's focus:

"Today, the House Judiciary Committee is holding a Patent Office oversight hearing. It promises to include a headline-grabbing discussion of a recently released report showing abuses of the Patent Office’s telework program. It would be a serious missed opportunity if that conversation distracts the Committee from talking about what really matters: why the Patent Office issues low-quality patents and what can be done to fix it.

The Patent Office’s primary job is, not surprisingly to administer the patent system. This is not a small job—the Office has a staff of nearly 10,000 people and it grants approximately 350,000 patents a year. Each of these represents a 20-year monopoly, so it is crucial that the patents are of the highest quality. If they’re not, they can be quite dangerous, especially if they end up in the hands of a patent troll.

In fact, the U.S. Government Accountability Office (GAO) recently released a report finding some things we already knew, namely, that low-quality patents lead to more patent litigation and that the less time patent examiners are able to dedicate to a patent application, the more likely they are to turn that application into a patent."

The Strange Case of Off-Patent Drug Price Gougers; Bloomberg, 9/9/16

Justin Fox, Bloomberg; The Strange Case of Off-Patent Drug Price Gougers:

"There’s a conflict at the heart of pharmaceutical pricing in the U.S.: On the one hand, it’s in the public’s interest for pharma companies to get a good return on the huge investments they often make in developing new drugs. On the other, it’s in the public’s interest to be able to afford those drugs.

We try to resolve this by granting companies temporary monopolies (aka patents) on the drugs they develop -- letting them effectively set the price unilaterally -- but then allowing competition from generic substitutes once the patents expire...

What’s going on, basically, is that a new breed of pharmaceutical company has emerged (Valeant is, or at least was, the archetype) that doesn’t develop drugs but identifies business opportunities in existing drugs --many of them with expired patents -- that the previous owners were too lazy or timid or decent to fully exploit. So they acquire them, and jack up the prices."

Facebook, LinkedIn and Twitter prevail in database patent appeal; Reuters, 9/12/16

Reuters; Facebook, LinkedIn and Twitter prevail in database patent appeal:

"A federal appeals court on Friday knocked out all of the parts of two database search patents that were challenged at the U.S. Patent and Trademark Office by social media sites Facebook, LinkedIn and Twitter."

Yahoo on the hunt for patent thieves; New York Post, 9/9/16

Claire Atkinson, New York Post; Yahoo on the hunt for patent thieves:

"“There are three things you say when someone tells you that you are infringing on a copyright,” the source said. “Your patents are invalid; the patents may be invalid and if they’re not, then sue me; or let’s talk about a number.”

Yahoo hired Black Stone IP to help it sell about 3,000 patents that cover a range of technologies including online payment services, mobile messaging, data mining and behavioral ad targeting.

The patent trove, called Excalibur, is attracting interest from several tech players, including Amazon, Salesforce and Microsoft, the source said."

Minnesota winery owner helps breeders patent their unique plants and potables; In Forum, 9/10/16

Vicki Gerdes, In Forum; Minnesota winery owner helps breeders patent their unique plants and potables:

"[Penny] Aguirre became a student at the fledgling Plant Molecular Genetics Institute, working under Professor Alan Smith, and eventually earned her master's degree in horticulture...

That passion for plants brought her to Santa Barbara, Calif., where she took a job as general manager at PlantHaven, a small, independent agency that worked to introduce new plant cultivars into the North American market—plants developed by breeders from all over the world.

"Part of that job was writing plant patents," Aguirre says.

Eventually, she became knowledgeable enough about that part of the job that she decided to take the patent bar exam and become a registered U.S. patent agent. "It's the same bar exam that legal students take to become patent attorneys," Aguirre said. "If you have a bachelor's degree in one of the sciences, take the exam and pass, at that point you are a registered patent agent."

Though most patent agents specialize in design or utility patents, Aguirre made the relatively unusual choice of specializing exclusively in patenting plants...

Plant patenting mostly involves writing a lot of very detailed descriptions—"every leaf, every stem, every stamen, every pistil," she said, noting that there are often very minute differences between plant varieties...

For more information about Aguirre's plant patenting business, please visit www.biologicalpatentservices.com."

Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete; Singularity Hub, 9/8/16

[Video] Singularity Hub; Ray Kurzweil: Accelerating Tech Is Making Old Intellectual Property Laws Obsolete:

"As technology and innovation move faster and faster, concerns over ownership and access continue to increase. In answer to a question at a Singularity University event, Ray Kurzweil suggested we need to rethink intellectual property laws to more realistically match today’s pace.

Intellectual property laws from the 19th century were envisioned with roughly 20-year cycles, he said, which was enough to give you a head-start on a new idea or invention and attract funding to see it through. But how relevant is a 20-year cycle today when a generation of technology can come and go in a year—and even that is set to speed up?

Attracting investment and capital is a critical function of intellectual property law. But the way things are currently structured, intellectual property laws are falling behind the pace of invention."

It Gets Better: U.S. Patent and Trademark employees share their stories; U.S. Patent and Trademark Office, 6/25/15

[Video] U.S. Patent and Trademark Office; It Gets Better: U.S. Patent and Trademark employees share their stories:

[Kip Currier: While prepping for a patent lecture for my Intellectual Property and "Open" Movements course next week, I serendipitously found this inspiring "It Gets Better" video from 2015, featuring USPTO Director Michelle K. Lee and openly LGBT employees in the USPTO.]

"“Do not let the bullies of the world distract you from the commitment to achieve your fullest potential,’ says USPTO Director Michelle K. Lee in this video featuring stories from our employees, “It does get better.”"

The US Copyright Office is the poster child for regulatory capture; Boing Boing, 9/8/16

Cory Doctorow, Boing Boing; The US Copyright Office is the poster child for regulatory capture:

"Public Knowledge's new report, Captured: Systemic Bias at the US Copyright Office makes a beautifully argued, perfectly enraging case that the US Copyright Office does not serve the public interest, but rather, hands out regulatory favors to the entertainment industry.

Starting from the undeniable evidence that the easiest way to get a senior job at the Copyright Office is to hold a senior job in a giant entertainment company first (and that holding a senior Copyright Office job qualifies you to walk out of the Copyright Office and into a fat private sector gig as an entertainment exec), the report documents the numerous instances in which the Copyright Office has said and done outrageous things, and grossly misinterpreted the law, leading in many cases to being slapped down by the courts."

Trade secret law: A brief guide for in-house counsel; Inside Counsel, 8/18/16

Ben Berkowitz, Briggs Matheson, Inside Counsel; Trade secret law: A brief guide for in-house counsel:

"What information does trade secret law protect?

Forty-seven states have adopted some form of the Uniform Trade Secrets Act (“UTSA”), with New York, Massachusetts, and North Carolina as the only exceptions. Under the UTSA, there is a two-prong test for determining whether information may be subject to trade secret protection. First, trade secret information must be information that “derive[s] independent economic value” from not being publicly known (See, e.g., Cal. Civ. Code § 3426.1(d)). That is, the information is valuable because it is a secret that others, including competitors, do not possess. Second, the information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Id.) “The determination of whether ‘reasonable efforts’ have been taken is quintessentially fact-specific,” and “‘depends on a balancing of costs and benefits that will vary from case to case.’” (Rockwell Graphic Systems, Inc. v. DEV Industries, Inc.) “Reasonable efforts” may include adopting confidentiality policies, entering into non-disclosure agreements, and establishing digital and physical security infrastructure. (Religious Tech. Ctr. Netcom On-Line Commc’n Servs.)"

Trade Secret Protection Blocks Sick Samsung Workers From Data; Claims Journal, 8/12/16

Youkyung Lee, Claims Journal; Trade Secret Protection Blocks Sick Samsung Workers From Data:

"An Associated Press investigation has found South Korean authorities have, at Samsung’s request, repeatedly withheld from workers and their bereaved families crucial information about chemicals they were exposed to at its computer chip and liquid crystal display factories. Sick workers are supposed to have access to such data through the government or the courts so they can apply for workers’ compensation from the state. Without it, government officials commonly reject their cases.

The justification for withholding the information? In at least six cases involving 10 workers, it was trade secrets. Court documents and interviews with government officials, workers’ lawyers and their families show Samsung often cites the need to protect trade secrets when it asks government officials not to release such data.

“Our fight is often against trade secrets. Any contents that may not work in Samsung’s favor were deleted as trade secrets,” said Lim Ja-woon, a lawyer who has represented 15 sick Samsung workers."

'Moonshot' cancer panel calls for US to create national research database; Guardian, 9/7/16

Amanda Holpuch, Guardian; 'Moonshot' cancer panel calls for US to create national research database:

"The Cancer Moonshot Blue Ribbon Panel report said the recommendations, if implemented, “will transform our understanding of cancer and result in new opportunities to more effectively prevent and treat the disease”.

The 10 recommendations include existing programs that need more funding – such as research to update guidelines for patient symptom control – and brand new initiatives including a human tumor database to monitor and analyze multi-dimensional cell behavior...

But the funding necessary to fulfill these recommendations has not been approved by Congress despite lobbying by the Obama administration, which said it hoped to spend $1bn on the program."

Tell Your University: Don't Sell Patents to Trolls; Electronic Frontier Foundation (EFF), 8/17/16

Elliot Harmon, Electronic Frontier Foundation (EFF); Tell Your University: Don't Sell Patents to Trolls:

"When universities invent, those inventions should benefit everyone. Unfortunately, they sometimes end up in the hands of patent trolls—companies that serve no purpose but to amass patents and demand money from others. When a university sells patents to trolls, it undermines the university’s purpose as a driver of innovation. Those patents become landmines that make innovation more difficult.

A few weeks ago, we wrote about the problem of universities selling or licensing patents to trolls. We said that the only way that universities will change their patenting and technology transfer policies is if students, professors, and other members of the university community start demanding it.

It’s time to start making those demands.

We’re launching Reclaim Invention, a new initiative to urge universities to rethink how they use patents. If you think that universities should keep their inventions away from the hands of patent trolls, then use our form to tell them.

EFF is proud to partner with Creative Commons, Engine, Fight for the Future, Knowledge Ecology International, and Public Knowledge on this initiative.

A Simple Promise to Defend Innovation

Central to our initiative is the Public Interest Patent Pledge (PIPP), a pledge we hope to see university leadership sign. The pledge says that before a university sells or licenses a patent, it will first check to make sure that the potential buyer or licensee doesn’t match the profile of a patent troll"

No, the Internet Has Not Killed the Printed Book. Most People Still Prefer Them.; New York Times, 9/2/16

Daniel Victor, New York Times; No, the Internet Has Not Killed the Printed Book. Most People Still Prefer Them. :

"Even with Facebook, Netflix and other digital distractions increasingly vying for time, Americans’ appetite for reading books — the ones you actually hold in your hands — has not slowed in recent years, according to a study by the Pew Research Center...

Lee Rainie, the director of internet, science and technology research for Pew Research, said the study demonstrated the staying power of physical books.

“I think if you looked back a decade ago, certainly five or six years ago when ebooks were taking off, there were folks who thought the days of the printed book were numbered, and it’s just not so in our data,” he said."

IP Offices Focus On Educating Younger Population About IP Protection; Intellectual Property Watch, 9/6/16

Catherine Saez and Alexandra Nightingale, Intellectual Property Watch; IP Offices Focus On Educating Younger Population About IP Protection:

"Intellectual property rights awareness campaigns are increasingly targeting the younger population, as early as primary school, according to several country presentations at the World Intellectual Property Organization enforcement committee this week. WIPO is also developing an Education Took Kit for teachers of children aged 5 to 18. However for some countries, this education should encompass a broader view on IP than only enforcing rights."

You've Gotta Love This Stranger Things / X-Men Mash-Up; Gizmodo, 8/29/16

Germain Lussier, Gizmodo; You've Gotta Love This Stranger Things / X-Men Mash-Up:

"With all the 1980s influences used in Stranger Things, there’s little doubt that the Duffer brothers thought of Eleven as a bit of a mutant. In another universe, maybe she was a member of the X-Men—which is why this mash-up by artist Lance Schibi is so fun.

It takes the cover of X-Men #134, the first appearance of Jean Grey at Dark Phoenix, and flips it to the upside down world of Stranger Things."

Behind the EpiPen controversy are questions about patents granted to drugmaker; St. Louis Post-Dispatch, 9/4/16

Samantha Liss, St. Louis Post-Dispatch; Behind the EpiPen controversy are questions about patents granted to drugmaker:

"Drugmaker Mylan NV has received the brunt of criticism for alleged price-gouging on the lifesaving EpiPen, but other factors — and players — contributed to the monopoly it enjoys today, say experts familiar with the drug industry.

First approved in 1987, the EpiPen is protected from competition until 2025 by four patents. Three of those patents were awarded within the last six years."

Seattle salon shares trademark warning for small businesses; King5.com, 9/1/16

[Video] Heather Graf, King5.com; Seattle salon shares trademark warning for small businesses:

""The fact that they're spelled differently in this case really doesn't offer much protection," said attorney Robert Cumbow of Miller Nash Graham & Dunn. "How much do they look alike? How much do they sound alike? How close are they in meaning? And in this case, they look a lot alike. There's one extra extra letter in them. And they sound identical."

Cumbow said he knows it's a costly and frustrating experience for small business owners. His advice is for those business owners to do extensive research before choosing the name of their company.

"You've got to do your homework," he said. "So the very first thing for someone who is choosing a name for their business, product, or services is to get a search done, and make sure you aren't accidentally picking a name or product name that somebody else is already using.""

Pro athletes and the things they trademark; CNN Money, 8/19/16

Ahiza Garcia, CNN Money; Pro athletes and the things they trademark:

"Olympians know what they're worth.

That's why they trademark their names, catchphrases and logos -- things they think might turn into money-making ventures down the line. Sprinter Usain Bolt, for instance, trademarked an icon of the "lightening bolt" stance he's so well known for.

And it's not just Olympians -- plenty of pro-athletes seek trademarks to make money outside of their playing careers...

Bolt can't trademark the actual physical pose -- only symbols, words, phrases and designs can be trademarked, according to Professor J. Gordon Hylton of the University of Virginia School of Law.

Also, applicants must show that their trademark will be used on commercial goods, and it can't go unused for more than three years."

Europe’s copyright cop-out; Politico, 9/1/16

Chris Spillane and Axex Spence, Politico; Europe’s copyright cop-out:

"Fifteen years of bitter battles between old media and disruptive digital upstarts over copyright have led the European Commission’s long-awaited reforms of the system down a blind alley.

Instead of a coherent vision that produces winners and losers, the draft proposals on the so-called copyright directive fudge crucial questions about how artists can earn money in the digital age, and whether generations of internet users can avoid committing a crime for unwittingly accessing protected intellectual property...

Streamlining and modernizing a patchwork of copyright laws is a cornerstone of the Commission’s digital single market strategy, which aims to pump €415 billion into Europe’s economy annually by breaking digital barriers across the EU. A final version of the proposal is due to be proposed by the Commission on September 21, and then goes to the European Parliament and EU states for approval, which will likely be highly contentious."

Yes, the News Can Survive the Newspaper; New York Times, 9/4/16

Jim Rutenberg, New York Times; Yes, the News Can Survive the Newspaper:

"In this case, as the ad dollars that have long financed journalism vaporize into the electronic ether, you don’t know with any certainty that the best services that newspapers have provided — holding public officials to account, rooting out corruption — will live on.

If anything, today’s “efficiencies” may even set readers back by pumping out lowest-common-denominator nonsense or, at worst, disinformation.

Just look at what happened last week after that Goliath of the digital transformation, Facebook, pared back the team of “curators” and copy editors who oversaw the selection process for its “Trending Topics” feed. Instead, it gave more control over to an algorithm...

The Facebook experience wasn’t all that far off from the doomsday scenario John Oliver recently envisioned on his HBO show “Last Week Tonight.”...

Know-nothing press haters may say that news organizations are going out of business because the public is shunning them, but that’s not the case at all. Through online exposure, newspapers are reaching more people than ever. The problem is how they make money. Circulation for physical newspapers is declining, and so is print advertising; digital ads remain far less profitable. The trick is finding a way to make up the lost revenue."

University of Pittsburgh Announces U.S. Patents Issued in July 2016; 8/15/16

University of Pittsburgh Innovation Institite; University of Pittsburgh Announces U.S. Patents Issued in July 2016:

"The University of Pittsburgh Innovation Institute reported that Pitt Innovators were issued five U.S. patents in July 2016."

University of Pittsburgh Innovation Institute; University of Pittsburgh, Press Release, 9/1/16

Press Release, University of Pittsburgh; University of Pittsburgh Innovation Institute:

"You are invited to tour the newly renovated offices of the University of Pittsburgh Innovation Institute, from 4-6 p.m. on Wednesday, September 14, 2016, at the Gardner Steel Conference Center, 130 Thackeray Avenue. Come and meet Innovation Institute staff and learn about the many resources, programs, events, and competitions planned for the new academic year. Appetizers and beverages will be provided. Click here to RSVP.

The Innovation Institute’s mission is to foster a culture of innovation and entrepreneurship at Pitt. Through its innovation commercialization services and entrepreneurship education programs, the Innovation Institute served nearly 2,000 Pitt faculty, students and staff in fiscal 2015. During the year Pitt Innovators submitted a record number of invention disclosures, were issued a record number of patents, and witnessed their discoveries translated into a record number of spinout companies.

As the Innovation Institute celebrates 20 years of providing innovation commercialization services to the University and the region this year, it is launching version 2.0 of its organization, following the consolidation of multiple offices under the Innovation Institute banner in 2013. With a streamlined technology management and commercialization organization, a new website, and expanded resources and programming, the staff of the Innovation Institute look forward to another banner year serving the needs and launching the dreams of Pitt Innovators."

Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates; Chronicle of Higher Education, 9/1/16

Goldie Blumenstyk, Chronicle of Higher Education; Elsevier’s New Patent for Online Peer Review Throws a Scare Into Open-Source Advocates:

"Patents on software can be controversial. And often, so is the company Elsevier, the giant journal publisher. So when word hit the internet starting on Tuesday night that Elsevier had just been awarded a patent for an "online peer-review system and method," reaction from people aligned with the publishing and open-source worlds came swiftly on Twitter and in other online venues, much of it reflecting suspicion about the company’s motives...

The concern revolves around the patent Elsevier received for its five-year-old "article-transfer service," a propriety online system the company uses to manage journal-article submissions and the ensuing peer reviews."

Patent office workers bilked the government of millions by playing hooky, watchdog finds; Washington Post, 8/31/16

Lisa Rein, Washington Post; Patent office workers bilked the government of millions by playing hooky, watchdog finds:

"Thousands of employees who review patents for the federal government potentially cheated taxpayers out of at least $18.3 million as they billed the U.S. Patent and Trademark Office for almost 300,000 hours they never worked, according to a new investigation.

The investigation scheduled for release Wednesday by the independent watchdog for the Commerce Department, the patent office’s parent agency, determined that the real scale of fraud is probably double those numbers..."

The hours not worked could have helped the patent office whittle down a backlog it has struggled for years to shrink, the report said. The backlog stood at about 550,000 applications last spring. Reviews take 16 to 26 months to complete...

The patent office, while relatively small, plays a big role in supporting the nation’s economic development by determining whether innovators’ new products should be given sole rights to exclude competitors from making or selling their invention. The government issued 326,000 patents last year."

President Obama to Host White House Frontiers Conference in Pittsburgh; University of Pittsburgh Press Release, 8/30/16

Joe Miksch, University of Pittsburgh Press Release; President Obama to Host White House Frontiers Conference in Pittsburgh:

"President Obama will travel to Pittsburgh Oct. 13 to host the White House Frontiers Conference, a national convening that the White House is cohosting with the University of Pittsburgh and Carnegie Mellon University to explore the future of innovation here and around the world. The convening will include topics in the November issue of WIRED, which will be guest-edited by the president on the theme of “Frontiers.” The conference will focus on building U.S. capacity in science, technology, and innovation, and the new technologies, challenges, and goals that will continue to shape the 21st century and beyond.

The White House Frontiers Conference will bring together some of the world’s leading innovators in Pittsburgh to discuss how investing in science and technology frontiers will help improve lives, including progress and investments that are keeping America and Americans on the cutting edge of innovation."

Pennsylvania wades into open data; GCN, 8/26/16

Matt Leonard, GCN; Pennsylvania wades into open data:

"The data currently available on OpenDataPA supports Gov. Tom Wolf’s three governing objectives -- education, employment and government services -- includes prison population numbers, school performance profiles and summary information on well inspections. The state also plans to release datasets from other state agencies on the site...

The administration’s main goals for releasing this data is three-fold: accountability, modernization and innovation. The portal will allow citizens to keep track of government projects, find this information in one place and use if to “make data-driven decisions.”"

Feds Target 'Predatory' Publishers; Inside Higher Ed, 8/29/16

Carl Straumsheim, Inside Higher Ed; Feds Target 'Predatory' Publishers:

"The Federal Trade Commission on Friday filed a complaint against the academic journal publisher OMICS Group and two of its subsidiaries, saying the publisher deceives scholars and misrepresents the editorial rigor of its journals.

The complaint, filed in the U.S. District Court for the District of Nevada, marks the first time the FTC has gone after what are often known as “predatory” publishers. Such publishers exploit open-access publishing as a way to charge steep fees to researchers who believe their work will be printed in legitimate journals, when in fact the journals may publish anyone who pays and lack even a basic peer-review process."

Sci-Hub Controversy Triggers Publishers’ Critique of Librarian; Library Journal, 8/25/16

Lisa Peet, Library Journal; Sci-Hub Controversy Triggers Publishers’ Critique of Librarian:

"“I was surprised that AAP would take the tactic of trying to say ‘don’t talk about Sci-Hub,’ as if ignoring the problem, or not shining light on it, would make it go away,” Joseph told LJ. “That seems kind of a backwards way to approach this issue to me, because what we’re seeing, frankly, is Sci-Hub really growing in popularity.”

Sci-Hub’s various clashes with the world of scholarly publishing, Joseph noted, is helping to raise awareness of the issues surrounding journal access outside the library walls. “It’s not just a library problem…. When researchers are going to the lengths of using an illegal resource to get access, I think it’s really showing institutions that it’s not a departmental problem. It’s an institutional problem.”

And the problem doesn’t only lie within academia, Gardner added. As a member of ALA, he said, it would be unethical for him to promote Sci-Hub’s use given the constraints of the legal system. “But I do think that copyright is far too strong, and that the system is in need of reform. The reason why services like Sci-Hub exist is because we have a copyright system which is too draconian.”

“This is an area where tempers run high, and I think that reasonable people can disagree,” he said. “There are a lot of people, scholars and librarians, who think that using Sci-Hub is civil disobedience and I’m personally very sympathetic to that argument. But it’s also obvious to me that under the current legal system, this is totally illegal.”

Gardner is working on research that he will present at ACRL’s 2017 conference, again using data from the Science survey to examine Sci-Hub’s potential impact on inter-library loan practices."

Oakland Raiders File Trademark Applications For Las Vegas Raiders; Forbes, 8/25/16

Darren Heitner, Forbes; Oakland Raiders File Trademark Applications For Las Vegas Raiders:

"The Oakland Raiders have not officially made the move to Las Vegas, but a few trademark filings may serve as a sign for what is to come. On August 20, 2016, the Raiders filed trademark applications with the U.S. Patent and Trademark Office for the mark “Las Vegas Raiders.” All of the filings, which span a variety of goods and service classifications, were filed with an intent to use the mark in commerce in the future...

The Raiders filed for “Las Vegas Raiders” protection in multiple distinct classes. They cover education and entertainment services, clothing, mobile applications, football helmets, trading cards, jewelry and play figures."

Who is to blame for the EpiPen hike? Drug monopolies – not evil CEOs; Guardian, 8/29/16

Colin Holtz, Guardian; Who is to blame for the EpiPen hike? Drug monopolies – not evil CEOs:

"Instead of playing whack-a-mole, we need to break the monopolies themselves.

Many companies have effectively outsourced their R&D to federally funded academic research. Under existing law, federal funding of R&D requires companies to offer the medicine on “reasonable terms”. If they do not, we can demand generic versions for federal programs like VA hospitals, and pay a royalty in return. Or, we can simply break the patent for everyone.

In fact, we may not be limited to publicly funded pharmaceuticals. The federal government technically has the power to suspend a patent altogether. In 2003, the Bush administration threatened the maker of anthrax medicine Cipro with exactly that power.

Moving forward, all new patents could include far-stricter cost protections that link prices to median income. Or, if you prefer a more flexible system, you could incentivize innovation with hefty cash prizes, but place the resulting drugs in the public domain."

Col. Sanders’ Secret KFC Recipe For Fried Chicken May Have Just Been Revealed Online; Huffington Post, 8/26/16

Ed Mazza, Huffington Post; Col. Sanders’ Secret KFC Recipe For Fried Chicken May Have Just Been Revealed Online:

"Call it ChikiLeaks.

One of the most famous “secret recipes” in the world may have just been revealed online.

A relative of Col. Harland Sanders, the late founder of Kentucky Fried Chicken, appears to have shown off a copy of his blend of 11 herbs and spices to the Chicago Tribune."

Now anyone can access NASA-funded research; Quartz, 8/20/16

Ian Kar, Quartz; Now anyone can access NASA-funded research:

"The US space agency has announced that it will be archiving research data at a web portal open to the public. Beginning this year, all NASA-funded authors of peer-reviewed papers will be required to provide copies of their science journal articles and the accompanying data. The research will be made available on the public portal, for free, within a year of publication...

While the portal, called PubSpace, doesn’t have the most gorgeous interface, it’s a step toward meeting a 2013 request from the White House Office of Science and Technology Policy, seeking increased public access to the results of federally funded research."

Patent office launches Cancer Moonshot challenge; FedScoop, 8/22/16

Whitney Blair Wyckoff, FedScoop; Patent office launches Cancer Moonshot challenge:

"The Patent and Trademark Office launched a contest Monday that encourages the public to glean new insights about cancer research from the agency’s intellectual property data.

As part of the USPTO Cancer Moonshot Challenge, participants will be tasked with finding ways to link data from the agency’s new Developer Hub portal to other data sets related to research grants and the economy. Organizers hope participants will illuminate trends that will help the federal government make better funding and policy decisions to develop more effective cancer treatments...

The contest is part of a sweeping White House initiative to find new, innovative ways to treat cancer. The USPTO blog post notes the agency “is playing an important role” in the program: Last month, it launched its Patent 4 Patients program to halve the time it takes to evaluate patent applications for cancer therapies.

For the new contest, the patent office will offer an information session on Thursday for those interested in participating."

U.S. lawmakers demand investigation of $100 price hike of lifesaving EpiPens; Washington Post, 8/23/16

Ariana Eunjung Cha, Washington Post; U.S. lawmakers demand investigation of $100 price hike of lifesaving EpiPens:

"The medication itself isn’t expensive. Analysts calculate that the dosage contained in a single pen is worth about $1. It’s the company’s proprietary pen injector that makes up the bulk of the cost...

A profile in Fortune in 2015 described her rise in colorful terms:

Bresch, a 46-year-old who’s spent more than half her life at Mylan, has steered the company’s transformation from a quirky outfit run out of a West Virginia trailer to a global operator with 30,000 employees in 145 countries. Born into politics—her father, Joe Manchin, is a longtime West Virginia Democratic stalwart who’s now a U.S. senator—Bresch has mastered the regulatory world. Since becoming CEO in 2012, she’s overseen a major revenue increase; Mylan projects sales of up to $10.1 billion this year, up from $6.1 billion in 2011…

Under Bresch’s leadership, Mylan has also stumbled through a series of ethically messy mishaps and public relations gaffes. Mylan’s inversion took place just as uproar over the tactic reached a fever pitch on Capitol Hill. (Among the politicians who denounced the move was Bresch’s own father, though he later changed his mind.) Critics have called out the company for unusually high executive pay packages, questionable use of company jets, and murky relationships with board members. Then there’s “the Heather Bresch situation,” as she herself calls it, a scandal surrounding her executive MBA credentials—when you Google her name, the episode still ranks even higher than her official Mylan bio."

The Difference between Copyright Infringement and Plagiarism—and Why It Matters; Library Journal, 8/17/16

Rick Anderson, Library Journal; The Difference between Copyright Infringement and Plagiarism—and Why It Matters:

"TELLING THE DIFFERENCE

If you were to take Alice’s Adventures in Wonderland, change the title and the characters’ names, and pass it off as your original work, that would be plagiarism. However, there would be no copyright infringement, because Alice’s Adventures in Wonderland is in the public domain and therefore no longer subject to copyright.

On the other hand, if you were to take 50 Shades of Grey—a work currently in copyright—change the title and the characters’ names, and pass it off as your original work, that would constitute both plagiarism and copyright infringement. Stealing the author’s work in this way and selling an unauthorized derivative of it would not only be unethical; it would also be illegal.

Under U.S. law, it might be an example of stealing that rises to the level of a felony punishable by imprisonment, depending on its demonstrable financial impact on the legitimate rights holder."

Britain’s Paper Tigers; New York Times, 8/10/16

Stig Abell, New York Times; Britain’s Paper Tigers:

"The Sun can still call an election correctly, can still elicit outrage and comment. The Mirror, The Sun and The Mail hope to turn their vast online audiences into a profitable business model.

And there is a gradual resurgence of a willingness to pay for quality. The Times and The Sunday Times, paywalled and protected, have become profitable perhaps for the first time in history. Paywalls — once seen as an embodiment of Luddism in the giddy world of the free internet — now seem essential to the survival of professional writing.

Yet there has never been a more hostile environment to journalism than exists today, and not only in economic terms. The democratizing effect of social media, a potentially healthful development, has also given rise to a cynicism directed toward the mainstream media. This is all part of a new angriness in politics."

Sydney Morning Herald Faces Uncertain Print Future in Australia; New York Times, 8/17/16

Keith Bradsher and Michelle Innis, New York Times; Sydney Morning Herald Faces Uncertain Print Future in Australia:

"Kate McClymont, 58, has been breaking news at The Sydney Morning Herald for decades. One of the newspaper’s marquee journalists, Ms. McClymont appears in the paper’s ads.

“We have been holding the powerful in this city to account for a long time,” Ms. McClymont said.

Most recently, she pursued a state government minister, Eddie Obeid, uncovering how his private businesses were improperly benefiting from his public role. Mr. Obeid was found guilty in June of misusing his public office. He will soon face a second court case over mining leases he obtained from the state government.

“We have shone a light where crooks would prefer places remained dark,” Ms. McClymont said. “I hate the idea of people getting away with anything.”

“It is bad for democracy,” she added, “if this voice is diminished in any way.”"

Stand Up for Open Access. Stand Up for Diego.; Electronic Frontier Foundation (EFF), 8/9/16

Ana Acosta and Elliot Harmon, Electronic Frontier Foundation (EFF); Stand Up for Open Access. Stand Up for Diego. :

"The movement for open access is not new, but it seems to be accelerating. Even since we started following Diego’s case in 2014, many parts of the scientific community have begun to fully embrace open access publishing. Dozens of universities have adopted open access policies requiring that university research be made open, either through publishing in open access journals or by archiving papers in institutional repositories. This year’s groundbreaking discovery on gravitational waves—certainly one of the most important scientific discoveries of the decade—was published in an open access journal under a Creative Commons license. Here in the U.S., it’s becoming more and more clear that an open access mandate for federally funded research will be written into law; it’s just a matter of when. The tide is changing, and open access will win.

But for researchers like Diego who face prison time right now, the movement is not accelerating quickly enough. Open access could have saved Diego from the risk of spending years in prison.

Many people reading this remember the tragic story of Aaron Swartz. When Aaron died, he was facing severe penalties for accessing millions of articles via MIT’s computer network without "authorization." Diego’s case differs from Aaron’s in a lot of ways, but in one important way, they’re exactly the same: if all academic research were published openly, neither of them would have been in trouble for anything.

When laws punish intellectual curiosity and scientific research, everyone suffers; not just researchers, but also the people and species who would benefit from their research. Copyright law is supposed to foster innovation, not squash it."