AmiCOUR IP Group News and Opinions

Welcome to the AmiCOUR IP Blog.  We invite your comments.  Past Issues.

December 20, 2010 - Smart phones are growing in popularity but so is interest in stealing them.  Web site Breitbart reported that while upscale users tap away on their mobile devices they may be attracting gangs and others because of the value of the devices and the information they may contain. A spokesman from a mobile crime forum claims public use of the devices increases the chances of getting mugged. The site stated it was unable to obtain comments from Apple or RIM.  Only a small number of phones contain fingerprint sensors and other security measures to block unauthorized access to data.

December 15, 2010 - Everyone knows Google is dominant in the search return business. The French watchdog Autorité de la Concurrence (competition regulator) spent several months getting to know Google a bit better and has become the latest to express concerns about possible abuses. It has warned Google to act more responsibly. The search giant's commercial practices have been called into question in US lawsuits, a subject of controversy in China, and previously called out in Germany. Blogs and articles have even suggested the Google bot reads gmail en route to target its ads, with one writer even claiming that a slew of profanity in a message is a sure way to get Google to stop running mail ads altogether (at least for a while).  The Google books copyright lawsuit settlement was also the subject matter of a mini-plenary at the Licensing Executives Society 2010 Annual meeting. Google did not send a representative to present its position; however, the authors' and copyright attorneys' side side was well represented. Tuesday's French watchdog report may trigger more questions about advertising and transparency in Google's business relationships. The widely touted book settlement discussion raised questions about the rights of copyright holders to audit Google's proposed payment accounting system. Meanwhile, new Bing and Yahoo users are beginning to praise their results more openly as Google expands through product innovation, a point recognized by the French report.

December 13, 2010 - The Judge in investor and philanthropist Paul Allen's Interval Licensing v. AOL, Apple, eBay Facebook, Google, Netfilx, Office Depot, OfficeMax, Staples, Yahoo, and YouTube patent infringement case has dismissed his complaint, specifically stating "with leave to amend." According to WSJ's online coverage, Allen's attorneys view the dismissal as a minor issue. The ruling went on to state, "Plaintiff does not indicate with any specificity which of Defendants’ products or devices infringe the patents."  FRCP offers Form 18 as an example complaint, according to the ruling, which included a host of citations: “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 570). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555). A plaintiff must “provide the ‘grounds’ of his ‘entitle[ment] to relief.’” Twombly, 550 U.S. at 555 (citations omitted). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’” Iqbal, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 555).  This Blog reported on Apple co-founder Steve Wozniak's comments about Allen in August 2010.