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SAP asks for gag order in legal battle with Oracle | Reuters

October 24, 2010 By Leave a Comment

Attorneys for SAP AG have asked a federal judge for a gag order during the upcoming trial in an intellectual property theft case stemming from a lawsuit by software company Oracle.

The move followed a column by New York Times columnist Joe Nocera in which he suggested that former SAP chief Leo Apotheker had known about the theft at a subsidiary called TomorrowNow and had initially done nothing about it.

Oracle has accused SAP — through the now-defunct TomorrowNow — of gaining unauthorized access to its customer support website, allowing SAP to copy thousands of software products and other confidential material.

SAP has accepted liability for copyright infringement in the lawsuit, which is set to go to trial in November and will determine how much SAP should pay in damages.

via SAP asks for gag order in legal battle with Oracle | Reuters.

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Update: Oracle sues Google over Java use in Android – Computerworld

August 13, 2010 By Leave a Comment

Oracle has filed a lawsuit against Google, charging that its Android phone software infringes Oracle patents and copyrights related to Java, Oracle said Thursday.

“In developing Android, Google knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property. This lawsuit seeks appropriate remedies for their infringement,” Oracle spokeswoman Karen Tillman said in a statement.

The suit was filed Thursday in U.S. District Court in San Francisco and seeks a jury trial.

Google could not immediately be reached for comment on the lawsuit.

via Update: Oracle sues Google over Java use in Android – Computerworld.

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The DMCA Safe Harbor Provision Is Stronger Than Ever | The Legal Intelligencer

July 8, 2010 By Leave a Comment

Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting, and software piracy has also shifted to the virtual world.

For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor. Although intellectual property owners have sought to hold online service providers liable for the infringing activities of their users, courts have repeatedly found them not liable so long as they adhere to the guidelines for the Safe Harbor Provision found in the Digital Millennium Copyright Act. While online service providers like YouTube and eBay rely heavily on the safe harbor to operate, the protection provided by the safe harbor remains a point of frustration among the entertainment industry and other copyright and trademark holders looking to protect their intellectual property rights.

Although intellectual property holders are having a difficult time monitoring and controlling piracy with the threat of civil litigation, the creation of the Obama administration’s Joint Strategic Plan to Combat Intellectual Property Theft at least offers IP holders an alternate route for combating online infringement.

via Law.com – The DMCA Safe Harbor Provision Is Stronger Than Ever.

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Hearing from America on Intellectual Property | The White House

May 20, 2010 By Leave a Comment
South façade of the White House, the executive...
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Posted by Victoria Espinel on May 20, 2010 at 10:10 AM EDT

Over the last few months, I have met with big technology companies that make sophisticated hardware and network systems as well as early stage companies that are just in the process of getting off the ground, all of which are hurt by IP infringement.

I met with a company that manufactures cement in innovative ways that will protect our environment, and with the heads of venture capital funds that are investing in green technologies, all of which face the risk of losing their new green technology (and the jobs that come with it) as a result of IP theft.

I sat down with book publishers, movie studios, music companies, and videogame companies, all of whom are faced with widespread problems resulting from internet piracy.  I heard concerns from many other sectors as well: our airplane industry, small manufacturers, automobile industry, steelworkers, textile manufacturers, and biotech, software, and telecommunication companies.

I also sat down with those who want strong defenses and exceptions to intellectual property liability, including academics across the country, or consumer rights organizations.  I met with Internet companies that organize information and help our citizens find out what they want to know about the world today and connect people around the globe, and Internet auction sites that allow consumers to buy what they want at the price they want, all of which are affected by our enforcement efforts.

Through this process, I have learned how many different types of businesses are affected and harmed by infringement of intellectual property.  I have been impressed by the level of knowledge and concern at the very top of some of our biggest and most innovative companies, responsible for millions of American jobs.  I had the opportunity to sit down with CEOs from Intel, eBay, Calera, Google, Warner Bros, and Pandora, among many others, representing nearly every innovation-intensive sector of our economy.

Perhaps most importantly, through these meetings and through the comments we received from the general public, we have received some excellent recommendations about how the United States government can improve our efforts to enforce our intellectual property, with some of the best ideas coming from the smallest companies.

via Hearing from America on Intellectual Property | The White House.

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Protecting Intellectual Property | USDOJ: Justice Blog

April 26, 2010 By Leave a Comment

Today the Department of Justice is recognizing  the 10th annual World Intellectual Property Day. Intellectual property refers to creations of the mind –music, literature, film, artistic works, and inventions. Intellectual property is one of America’s greatest assets. Its protection is central to our economic prosperity and security as well the public’s health and safety. Aggressive intellectual property law enforcement is crucial to our continued success and safety, and is a top priority of the Department of Justice.

Earlier this year, Attorney General Eric Holder announced the creation of the Task Force on Intellectual Property. The Task Force strengthens efforts to combat intellectual property crimes through close coordination with state and local law enforcement partners as well as our international counterparts.

Today, that Task Force got even stronger. Acting Deputy Attorney General Gary  G. Grindler, who serves as the Chair of the Task Force, announced the appointment of 15 new Assistant U.S. Attorney positions and 20 FBI Special Agents to be dedicated to combating domestic and international IP crimes.

via Protecting Intellectual Property « USDOJ: Justice Blog.

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Aggressive IP enforcement is a must | Deputy AG Gary G. Grindles | National Law Journal

April 26, 2010 By Leave a Comment

Businesses that create and rely upon intellectual property, from large entertainment conglomerates to small biotech firms, make up among the fastest-growing sectors of the U.S. economy. These industries also represent a significant portion of U.S. exports, with intellectual property now comprising a significant — and growing — share of the value of world trade. The proliferation of worldwide Internet access and advances in traditional distribution methods, such as transportation and shipping, now allow American businesses of all sizes to market their intellectual property throughout the world. Digital content, whether embodied in software, books, games, movies or music, can be transmitted from one corner of the world to another almost instantly.

But these unprecedented opportunities for American businesses and entrepreneurs are put at risk by criminals and criminal organizations that seek unlawfully to profit by stealing from the hard work of American artists, authors and inventors. For every new technological advancement by American business, there is, unfortunately, a criminal who would seek to misuse it for his own illicit purposes. Criminals are responding to American innovation with their own creative methods of committing intellectual property crimes — from widespread online piracy to well-funded corporate espionage to increased trade in counterfeit pharmaceuticals and other goods.

When we fail to enforce intellectual property rights aggressively, we fail to protect some of our nation's most important and valuable resources. The theft of even a single trade secret can completely destroy a burgeoning small business. When criminals sell counterfeit drugs and medical devices to consumers, our nation's public health is compromised. And when illicit products such as counterfeit airplane parts or pirated electronic components make their way into the marketplace, they place our public safety at risk.

In light of these threats, it is imperative that the government act, and act aggressively. And that is exactly what we at the Department of Justice are doing. In cooperation with our partners across the federal government, the Department of Justice has redoubled its commitment to protecting American innovation and technology through aggressive criminal and civil enforcement of our nation's intellectual property laws.

via Aggressive IP enforcement is a must.

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World Intellectual Property Day | The White House

April 26, 2010 By Leave a Comment

In recognition of World Intellectual Property Day, the US government is engaging in activities all over the world to highlight the importance of intellectual property and our commitment to protecting it.

Our law enforcement agencies, the Department of Justice and the Department of Homeland Security, announced today the formation of a national network of law enforcement personnel.

The Department of Justice announced that the FBI is increasing its manpower that focuses of IP significantly, by creating regional IP squads in major cities around the nation and adding an additional 20 new agents to those squads.

In addition, the DOJ announced that it will be adding 15 new prosecutors throughout the country to add to its current force of 200 prosecutors specially trained to handle IP enforcement.

In collaboration, the Department of Homeland Security announced that its multi-agency IPR Center is creating partnerships with 70 federal, state and local law enforcement in 22 cities to collaborate on IP enforcement actions.

And ICE announced the efforts of a major sweep – Operation Spring cleaning – that resulted so far in 45 arrests, the seizure of 701,384 counterfeit items valued at $44 million.

Many other agencies that also work on IP enforcement are joining this united effort.  Secretary Clinton and Secretary Locke and Ambassador Ron Kirk are issuing statements highlighting the importance of intellectual property. There are also a numbers of events taking place today where senior government officials are speaking on intellectual property, including Ambassador Miriam Sapiro of USTR at the National Press Club, Under Secretary of State Robert Hormats at the US Chamber of Commerce. I will be speaking at an event with the Chairman of the House Judiciary Committee John Conyers, the head of USTR, Ambassador Ron Kirk, the head of our US Patent and Trademark Office David Kappos and other senior Commerce officials, including Under Secretary Francisco Sanchez.  And embassies throughout the world are reaffirming those same sentiments in statements issued by their ambassadors and in a number of educational programs they are holding.

The President has made clear that strong enforcement of America’s intellectual property is a critical part of our plan to promote exports and create jobs.  I look forward to continuing our dialogue and utilizing the expertise out there to harness and protect what has always been one of America’s greatest strengths – the diversity of great ideas.

via World Intellectual Property Day | The White House.

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Chinese, Japanese or Korean Documents Have You Perplexed?

April 26, 2010 By Leave a Comment

中文，日语或朝鲜语文件有你困惑？

あなたは困惑し、中国語、日本語、韓国語のドキュメントがありますか？

당신은 당황하게 중국어, 일본어 또는 한국어 문서가 있나요?

Documents containing Chinese, Japanese and Korean (“CJK“) language and character sets have become intertwined within many different legal matters, ranging from international arbitration to  intellectual property litigation to to administrative investigations.   However, the solutions typically used to manage CJK documents have not kept pace with demand and remain slow, cumbersome and expensive.  Most firms, corporations and vendors rely on automated machine translation or certified document translations to understand CJK documents, with the first often revealing giberish results and the later often resulting in extremely high cost to the end client.

Asia Legal Technologies – a joint venture between Global EDD Group and Data Management Corporation – provides innovative custom solutions to clients with CJK document collections.  Each solution is designed to be efficient in both time and cost while leveraging specialized technology, knowledge and human resources to provide multi-lingual services.

  • Data Collection & Preservation
  • Scanning / OCR
  • E-Discovery Processing
  • Automated Language Identification
  • Standard Coding (Chinese, Japanese, Korean to English)
  • Document Summaries (Chinese, Japanese, Korean to English)
  • Translation (Machine, Hybrid, Certified)
  • Document Review

Document containing East Asian languages such as Chinese, Japanese or Korean no longer need to be a perplexing problem with complicated, expensive solutions.  To learn more about the multi-lingual services of Asia Legal Technologies, kindly click to AsiaLegalTech.com or email information@asialegaltech.com.

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Trademark Filings Mostly Down Worldwide in 2009

March 23, 2010 By

International trademark filings at the World Intellectual Property Organization dropped 16 percent in 2009, amid a 12 percent decline in U.S. Patent and Trademark Office filings.

The WIPO dip stems from a global economic slowdown and restrained consumer demand around the world, said Francis Gurry, WIPO’s director general, in a statement.

Last year, 35,195 international trademark applications flowed into WIPO's 84-member system, which includes countries and groups of nations like the European Union. That compares with 42,075 applications in 2008.

via Trademark Filings Mostly Down Worldwide in 2009.

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IP Prosecutors and Investigators in Bangkok and Singapore Receive Training from DOJ Cyber and IP Experts « USDOJ: Justice Blog

March 19, 2010 By

Department of Justice cyber experts recently helped to train prosecutors and investigators in Singapore and Bangkok on important forensics and evidence issues in intellectual property (IP) cases.  The in-country training builds on successful cyber forensics training prosecutors and investigators received during a December 2009 workshop held in Washington, D.C., with partners in the IP Crimes Enforcement Network (IPCEN).

Computer Crime and Intellectual Property Section (CCIPS) Trial Attorney John Zacharia and Intellectual Property Law Enforcement Coordinator for Asia Christopher Sonderby offered tips and information on obtaining and using electronic evidence in intellectual property cases.  Cyber Crime Laboratory Director Ovie Carroll discussed a wide range of forensic issues, including imaging, methodology and other issues related to evidence identification and analysis.

One hundred prosecutors and investigators attended the one-day Singapore program in March, while 130 Thai prosecutors and investigators were in attendance for the first day of the two-day program in Bangkok, and 150 Thai judges attended the second day.

This targeted forensics training is a groundbreaking effort by the IPCEN, which was established in 2007.  The IPCEN serves two primary functions: to facilitate the exchange of successful investigation and prosecution strategies in combating domestic piracy and counterfeiting crimes; and to strengthen communication channels to promote coordinated, multinational prosecutions of the most serious offenders. By reaching out to a group of investigators overseas to conduct sophisticated analysis of computer data, the mission of the IPCEN will be advanced and the opportunity for larger domestic and multi-national cases will increase.

via IP Prosecutors and Investigators in Bangkok and Singapore Receive Training from DOJ Cyber and IP Experts « USDOJ: Justice Blog.

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