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Higher Education Report

David Woycechowsky

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Copyright Suit Against University By Author Of 25 Page Survey

Posted in Copyright, Teaching
Case: CAMPINHA-BACOTE v. BLEIDT (S.D.Tex. 10-3-2011) What allegedly happened: A he-said / she-said case. A university professor (who has since resigned) claimed that he was authorized to use a 25 page survey, owned by the plaintiff in this case, on classes of incoming students for a certain period of time. On the other hand, plaintiff claimed that … Continue Reading

“The Scholarly Industry”

Posted in Uncategorized
Upblog, my co-blogger Blaine linked a Daily Princetonian article that reported concern over some harm to “the scholarly industry.” That phrase struck me, “the scholarly industry.” What does it describe and evoke in a reader’s mind? Is it a phrase that resonates positively, or negatively? It probably depends on the reader. “The Scholarly Industry” does … Continue Reading

Carnegie Mellon patents not invalid on summary judgment

Posted in Patent, Technology Transfer
Case:  CARNEGIE MELLON UNIVERSITY v. MARVELL TECHNOLOGY GROUP (W.D.Pa. 9-28-2011) What happened: Carnegie Mellon University tech transfer office circulated an invention disclosure relating to disc drives. The tech transfer office was informed that a different inventor from Seagate had previous worked on a similar technology, but the Seagate inventor stated that, “[The Carnegie Mellon professors’] … Continue Reading

University-related trademark law case

Posted in Trademarks
Case: Board Of Regents Of The University Of Wisconsin System v. Phoenix International Software, Inc. (7th Cir., Aug. 5, 2011) What happened: This case presents complex questions about the law of trademark and the law of sovereign immunity, as the latter applies to a state university. . . . Their dispute centers around two computer … Continue Reading

Sharing By College Students: The UNC Approach

Posted in Copyright, DMCA, Patent
Article: At the Chronicle Of Higher Education website, Alex Campbell reports that UNC has put in place measures to prevent and minimize unauthorized file sharing by students. Specifically, computers that have file sharing software will not be allowed to connect to the campus network unless and until that student/computer is awarded a “hall pass.” This … Continue Reading

University Professor Is Sued For Allegedly Stealing ALS Drug Invention

Posted in Patent
Case: Nuvo Research Inc. v. McGrath (filed August 15, 2011, N.D. Cal.) What allegedly happened: In a complaint filed on August 15, 2011 in the Northern District of California court, Nuvo Research Inc. alleges that a UCSF professor, who had worked as a consultant for Nuvo, applied for a patent on an ALS (sometimes called … Continue Reading

America Invents Act Gets Praise From Higher Education Institutions

Posted in Patent
On September 8, 2011, six higher education related institutions released a joint statement endorsing the Leahy-Smith America Invents Act as passed by the Senate. The six institutions are the Association of American Universities, the American Council on Education, the Association of American Medical Colleges, Association of Public and Land-Grant Universities, the Association of University Technology … Continue Reading

Dealing With Corporate Counsel In a University-Corporate Joint Venture

Posted in Due Diligence
Association of Corporate Counsel website has an article about corporate counsels’ dealings with universities in the context of intellectual property intensive joint ventures. Much of the article is about practicing due diligence to be sure that patent ownership, patent equitable ownership and/or duties to assign future applications are clear and consistent as between the corporation … Continue Reading

Intel Spends $30M On Open Source University Computer Centers

Posted in Copyright, Open Source
From: An August 3, 2011 Intel press release: These centers represent the next $30 million installment of Intel’s recently announced 5-year, $100 million ISTC program to increase university research and accelerate innovation in a handful of key areas. As with previously announced ISTCs for visual computing and secure computing, the new centers encourage tighter collaboration … Continue Reading

Internet Broadcast of High School Sporting Events

Posted in First Amendment
Case: WIAA. v. GANNETT CO., Docket Number 10-2627 (7th Cir. 8-24-2011) What happened: As the governing body for middle and high school athletic programs in Wisconsin, the Wisconsin Interscholastic Athletic Association (WIAA or Association) sponsors statewide post-season tournaments. In 2005, WIAA contracted with American-HiFi, a video production company, to stream its tournament events online. Under … Continue Reading

New Rules On Researcher Ties To Corporate Sponsors

Posted in Uncategorized
At the Chronicle of Higher Education website, Paul Basken reports that new rules will be published in the Federal Register concerning corporate ties of researchers and required disclosures relating thereto. In a nutshell: The final form of the changes falls short of some of the more aggressive regulations suggested by Dr. Collins and the NIH. … Continue Reading

Better Funding Means Better Tech Transfer

Posted in Technology Transfer
At the Innovation website, Ben Ray Lujan cites a new study that shows the importance of tech transfer with respect to federally-funded technology. Moneyquote: A major study of the current state of affairs of technology transfer across the federal government was recently released by the Institute for Defense Analyses Science and Technology Policy Institute . … Continue Reading

University V. University

Posted in Uncategorized
On July 29, 2011, a Federal Circuit panel decided Association For Molecular Pathology v. Myriad Genetics (Fed. Cir. 2011). This is an important case for patent law, as it relates to genetics. The short version is that: (i) isolated DNA is eligible for patent protection; (ii) claims directed to working with the isolated DNA, in … Continue Reading

Give A Man A Fish . . .

Posted in Uncategorized
At Inside Higher Ed, Paula M. Krebs writes: The institution to which I was attached, the five-campus University of Massachusetts system, understands its role in its state and region in terms inherited from the Morrill Act of 1862, which established the land-grant colleges and their obligation to train state residents in new techniques of agriculture. … Continue Reading

New Case On Online Data Collections

Posted in Attribution, Digitization, Internet
Case:  CollegeSource, Inc. v. AcademyOne, Inc., 09-56528  (9th Cir., Aug. 8, 2011) What allegedly happened:  A Ninth Circuit panel decided that a plaintiff company that allegedly had its online collection of college catalogs copied by the defendant company could sue in its home state of California.  Plaintiff alleged that it spent $10 million dollars collecting the … Continue Reading