Expert insights. Personalized for you.
Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. MORE
On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. MORE
On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. MORE
A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. MORE
On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk. MORE
206 
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. MORE
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. MORE
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Support Specialist Rimini Street Found in Contempt of Court for Continued Oracle Copyright Infringements. MORE
Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020. MORE
We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! MORE
The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. MORE
On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin. MORE
171 
Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here. MORE
Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report. MORE
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). MORE
Last week, five major education publishers filed a lawsuit against Shopify alleging that the ecommerce service provider has enabled rampant commercial textbook piracy on its platform. MORE
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest. MORE
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. MORE
For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. MORE
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data. MORE
In a story that will be eerily familiar to long-time readers of this site, the current Romanian Prime Minister has been accused of plagiarism in his thesis as opposition leaders are already calling for an investigation. The story involves Prime Minister Nicolae Ciuc?, MORE
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users. MORE
On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.” MORE
As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year. MORE
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. MORE
On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States. MORE
180 
As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. MORE
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. MORE
Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections. The second type, applications of blockchain, are often found to be directed to an abstract idea. MORE
On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. Oki Data Americas, Inc. , 20-1189 (Fed. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. MORE
Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs. MORE
Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs. MORE
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. MORE
The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. MORE
This article originally appeared in The Intellectual Property Strategist. 2021 ALM Media LLC. Reprinted with permission. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties. MORE
On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines. MORE
China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP). MORE
Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. MORE
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed. MORE
Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one. MORE
Earlier this week, D.A. Graham, the now-former interim vice provost for diversity, equity, inclusion and belonging at the University of Kansas, sent out an email with the subject, “2022 MLK Jr. Day of Reflection” to all students, faculty and staff of the university. MORE
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings. MORE
If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple. MORE
In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. MORE
Intellectual Property Law Blog
JANUARY 24, 2022
Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.
Intellectual Property Law Blog
DECEMBER 20, 2021
Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here.
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Intellectual Property Law Blog
DECEMBER 1, 2021
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint).
Intellectual Property Law Blog
NOVEMBER 22, 2021
Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.
Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
OCTOBER 8, 2021
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
AUGUST 30, 2021
In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO.
Intellectual Property Law Blog
MAY 11, 2021
On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines.
Intellectual Property Law Blog
AUGUST 25, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
JUNE 9, 2021
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product.
Intellectual Property Law Blog
MARCH 2, 2021
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.
Intellectual Property Law Blog
FEBRUARY 25, 2021
As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts.
Intellectual Property Law Blog
APRIL 5, 2021
This article originally appeared in The Intellectual Property Strategist. 2021 ALM Media LLC. Reprinted with permission. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties.
Intellectual Property Law Blog
MARCH 29, 2021
The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains.
Intellectual Property Law Blog
MARCH 25, 2021
Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs.
Intellectual Property Law Blog
MARCH 25, 2021
Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs.
Intellectual Property Law Blog
MARCH 15, 2021
On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. Oki Data Americas, Inc. , 20-1189 (Fed. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.
Intellectual Property Law Blog
MARCH 3, 2021
Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections. The second type, applications of blockchain, are often found to be directed to an abstract idea.
Plagiarism Today
JANUARY 18, 2022
On Saturday, the crypto Group Spice DAO took to Twitter to explains their plans for one of their non-crypto acquisitions. Last year, the group spent €2.66 million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune.
Plagiarism Today
JANUARY 5, 2022
On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope.
Plagiarism Today
JANUARY 24, 2022
If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple.
Erik K Pelton
JANUARY 21, 2022
We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) !
Plagiarism Today
JANUARY 24, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data.
Plagiarism Today
JANUARY 26, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings.
Plagiarism Today
JANUARY 19, 2022
In a story that will be eerily familiar to long-time readers of this site, the current Romanian Prime Minister has been accused of plagiarism in his thesis as opposition leaders are already calling for an investigation. The story involves Prime Minister Nicolae Ciuc?,
Plagiarism Today
JANUARY 20, 2022
Earlier this week, D.A. Graham, the now-former interim vice provost for diversity, equity, inclusion and belonging at the University of Kansas, sent out an email with the subject, “2022 MLK Jr. Day of Reflection” to all students, faculty and staff of the university.
Plagiarism Today
JANUARY 13, 2022
On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.”
Plagiarism Today
JANUARY 18, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Support Specialist Rimini Street Found in Contempt of Court for Continued Oracle Copyright Infringements.
Plagiarism Today
JANUARY 11, 2022
Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one.
Plagiarism Today
JANUARY 3, 2022
A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways.
Hugh Stephens Blog
JANUARY 17, 2022
On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.
Plagiarism Today
DECEMBER 6, 2021
Last week, five major education publishers filed a lawsuit against Shopify alleging that the ecommerce service provider has enabled rampant commercial textbook piracy on its platform.
Plagiarism Today
JANUARY 19, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Government Pauses Plans to Rewrite UK Copyright Laws After Authors Protest.
Plagiarism Today
DECEMBER 14, 2021
The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation.
Plagiarism Today
JANUARY 4, 2022
Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020.
Hugh Stephens Blog
JANUARY 27, 2022
China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP).
Plagiarism Today
JANUARY 27, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users.
Plagiarism Today
JANUARY 27, 2022
For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies.
Plagiarism Today
DECEMBER 7, 2021
Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report.
Plagiarism Today
JANUARY 12, 2022
On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin.
Hugh Stephens Blog
JANUARY 4, 2022
As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year.
Hugh Stephens Blog
DECEMBER 8, 2021
On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk.
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