TorrentFreak
FEBRUARY 25, 2022
Every year the US Trade Representative publishes a new update of its Special 301 Report , highlighting countries that fail to live up to U.S copyright protection standards. The annual overview is meant to motivate foreign governments to improve policy and legislation in favor of US copyright holders. This year’s list will be published in a few weeks.
JD Supra Law
FEBRUARY 25, 2022
The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. While blockchain enthusiasts hail this lack of centralization as representing a new chapter of freedom and individual empowerment, the punchline for brands is that the absence of adjudicating bodies and authorities also brings an abundance of uncertainty, risk, and discomfort.
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IP Watchdog
FEBRUARY 25, 2022
This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the
IPilogue
FEBRUARY 25, 2022
Photo by Roberto Nickson ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. For those unfamiliar, Twitch is a live-streaming platform where content creators (i.e., streamers) broadcast themselves to an audience doing almost anything including playing video games, cooking, making music, performing
Speaker: Blackberry, OSS Consultants, & Revenera
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
IP Watchdog
FEBRUARY 25, 2022
It was a typical week in terms of overall patent filing numbers, with 31 Patent Trial and Appeal Board (PTAB) filings, 56 district court complaints, and some 50-odd terminations; continued filings of inter partes reviews (IPRs) against Ericsson by Apple in their sprawling 5G fight; a Raymond Anthony Joao sub brought a 33-patent complaint (mostly expired) on shipping tracking; Fortress entities were on the receiving end of a few IPRs; and in Europe, a Fortress entity secured an injunction against
JD Supra Law
FEBRUARY 25, 2022
The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
FEBRUARY 25, 2022
Patent claim limitations that are “negative”—that is, claim limitations specifying the absence of a particular element from the patent claim—can pose a dilemma in the written description context. How much of the specification should be devoted to something that is not supposed to be part of the claim?
IP Law 360
FEBRUARY 25, 2022
D.C. Circuit Judge Ketanji Brown Jackson, nominated Friday to the U.S. Supreme Court, spent eight years as a federal trial court judge in Washington, D.C., where she handled high-profile showdowns between Congress and the White House, major rulemaking challenges and the notorious "Pizzagate" case. Here are her most notable rulings.
JD Supra Law
FEBRUARY 25, 2022
On February 24, 2022, the Supreme Court decided Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915, holding that an inadvertent mistake of law in a copyright registration applicant’s application does not render the application, and the corresponding registration, invalid.
IP Law 360
FEBRUARY 25, 2022
A Michigan federal judge has ordered a yoga instructor's counsel to cough up nearly $6,000 to attorneys representing Calm.com after continuing to pursue a bogus trademark bullying claim in a suit accusing the app of attempting to snatch ownership of a registered meditation slogan.
Advertiser: IPO
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
JD Supra Law
FEBRUARY 25, 2022
The Federal Court released a pair of decisions in patent litigation relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA): Janssen Inc v Pharmascience, 2022 FC 62 and Janssen Inc v Apotex, 2022 FC 107. Pharmascience and Apotex each brought a motion for summary trial, seeking to dismiss Janssen’s actions for patent infringement pursuant to the Patented Medicines (Notice of Compliance) Regulations.
IP Law 360
FEBRUARY 25, 2022
U.S. Supreme Court nominee Ketanji Brown Jackson named the late Constance Baker Motley as an inspiration in her White House speech Friday, drawing attention to a pioneering civil rights hero who was the first Black woman to argue before the high court as well as the first to serve as a federal judge.
JD Supra Law
FEBRUARY 25, 2022
On February 14, 2022, the Review Board of the United States Copyright Office issued an opinion letter denying a claimant’s second request for reconsideration to register an Artificial Intelligence artwork piece titled “A Recent Entrance to Paradise” (“Work”).
IP Law 360
FEBRUARY 25, 2022
First Circuit Judge Bruce Selya says D.C. Circuit Judge Ketanji Brown Jackson, his former clerk and now U.S. Supreme Court nominee, is someone who "listens to different points of view respectfully" and will be "quite balanced" if confirmed.
JD Supra Law
FEBRUARY 25, 2022
In a crowded pharmaceutical art, the deficiencies thereof being so patent that the FDA encouraged industry to address and correct them, concerning a formulation developed to address the opioid crisis raging earlier in this century (see "Empire of Pain"), when is a resulting formulation obvious over that prior art and in view of the objective indicia of nonobviousness?
U.S. Department of Commerce
FEBRUARY 25, 2022
Black History Month: How Commerce Assists Black Entrepreneurs and Innovators. February 25, 2022. KCPullen@doc.gov. Fri, 02/25/2022 - 10:37. Export and investment promotion. Minority business growth. Joint blog by the Minority Business Development Agency, the International Trade Administration, and the Bureau of Industry and Security. Throughout the year, the Department of Commerce provides valuable assistance to inventors and minority-owned business enterprises across the United States, includin
JD Supra Law
FEBRUARY 25, 2022
Key Takeaways - Inter partes review (IPR) estoppel applies to all invalidity grounds that were and could have been reasonably asserted against the claims challenged in the IPR petition. Parties should decide whether to forego challenging certain claims at the Patent Trial and Appeal Board (PTAB) to maximize the chance of success for certain invalidity arguments at the district court.
IP Law 360
FEBRUARY 25, 2022
A Chinese generic-drug maker wants the full Federal Circuit to take a look at a splintered appeals court ruling that allowed Novartis to maintain its monopoly on a multibillion-dollar multiple sclerosis drug for even longer by adding dosage specifications to an older patent covering the drug.
The TTABlog
FEBRUARY 25, 2022
The USPTO refused to register the proposed mark LUCKENBACH for whiskey, vodka, rum, and gin, on the ground that the mark is primarily merely a surname under Section 2(e)(4). On this appeal, applicant argued that LUCKENBACH has a non-surname meaning because consumers recognize it as applicant's trademark. You've probably heard of Luckenbach in a musical context.
IP Law 360
FEBRUARY 25, 2022
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, virtual counseling service BetterHelp is facing a trademark challenge by mental health and coaching startup BetterUp — plus three other cases you need to know about.
Trading Secrets
FEBRUARY 25, 2022
Thursday, March 17, 2022. 1:00 p.m. to 2:00 p.m. Eastern. 12:00 p.m. to 1:00 p.m. Central. 11:00 a.m. to 12:00 p.m. Mountain. 10:00 a.m. to 11:00 a.m. Pacific. REGISTER HERE. Trade secrets are critical intellectual property, and the threat to trade secrets continues to increase year after year. It’s vital for companies to protect trade secrets, both in the US and abroad, and it’s also important for companies to know how to enforce their rights in regards to trade secrets.
Barry Sookman
FEBRUARY 25, 2022
I had the pleasure of speaking yesterday to the ecosystem of innovators and their innovation partners affiliated with Canada’s Ocean Supercluster , Protein Industries Supercluster , and Digital Technologies Supercluster. My topic was “Lifting the Veil on Trade Secrets”. Innovation is tremendously important for Canadians. Our economy – and ultimately the prosperity and well-being of Canadians – depends on Canadian businesses’ ability to innovate and compete internationally.
JD Supra Law
FEBRUARY 25, 2022
2021 was another milestone year. We take a look back at key developments impacting the intellectual property (IP) landscape in Canada for the core areas of patent, trademark, and copyright law, updating you on key changes. Please see full Newsletter below for more information.
Patently-O
FEBRUARY 25, 2022
by Dennis Crouch. In re: Violation of the Revised Protocols ( Fed. Cir. 2022 ). In a new precedential order, the Federal Circuit has issued notice to attorneys and parties to abide by the court’s COVID protocols. One such protocol is a strict limit on the number of people who can attend oral arguments — only two people: Only arguing counsel and no more than one attendee whose presence is necessary to assist or supervise arguing counsel (e.g., a client, lawyer sitting second chair, o
JD Supra Law
FEBRUARY 25, 2022
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Case No. 20-915: This case involves interpretation of the safe harbor provision of the Copyright Act, 17 U.S.C. § 411(a).
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 25, 2022
The European Patent Office has published a decision to increase official fees in the January 2022 issue of The Official Journal of the EPO , see Decision of the Administrative Council of December 15, 2021 (CA/D 13/21). After the last increase that took effect on April 1, 2020, most EPO official fees will see an increase effective April 1, 2022. On average, official fees will increase by approximately 3%, although some fees remain unchanged.
LexBlog IP
FEBRUARY 25, 2022
Earlier this week, the PTAB instituted inter partes review of two patents directed to methods of treating rheumatoid arthritis by subcutaneously administering tocilizumab and devices for subcutaneously administering tocilizumab, respectively. Fresenius filed petitions for inter partes review of U.S. Patent Nos. 8,580,264 (“the ’264 patent”), owned by Chugai and Roche, and 10,874,677 (“the ’677 patent”), owned by Chugai, Roche, and Genentech, on August 18, 2021
Likelihood of Confusion
FEBRUARY 25, 2022
Debbie Schlussel is upset, and quite rightfully, it would seem, about Sean Hannity — very much MSM, even if the medium is Fox — lifting her journalistic work on Husham. The post Mainstream mugging appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
FEBRUARY 25, 2022
U.S. District Judge Leonard P. Stark has canceled a trial set for April 6 in Osseo Imaging LLC's infringement suit against Planmeca USA Inc. over dental and orthopedic imaging patents, just weeks before he is set to fill a soon-to-be-vacant seat on the Federal Circuit.
JD Supra Law
FEBRUARY 25, 2022
The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act.
IP Law 360
FEBRUARY 25, 2022
Three attorneys were let off easy for "clearly violating" the Federal Circuit court's COVID-19 protocols, but the circuit judges warned that they would not be so lenient in the future.
JD Supra Law
FEBRUARY 25, 2022
On January 26, 2022, in what appears to be a case of first impression, U.S. District Court Judge John Z. Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s motion to dismiss patent infringement claims brought in the second phase of the parties’ Biosimilar Price Competition and Innovation Act (“BPCIA”) litigation.
IP Law 360
FEBRUARY 25, 2022
A Virginia federal court has sided with buyers in their bid to limit the scope of competition considered in their suit accusing Merck and Glenmark of striking a deal to keep generic versions of cholesterol drug Zetia off the market.
JD Supra Law
FEBRUARY 25, 2022
Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss trademark rights in relation to appropriation art, including NFTs, and provide an update on cannabis extraction technology case Canopy Growth v. GW Pharma. Our Trademark & Brand Protection practice here at Sterne Kessler is devoted to guiding companies of all sizes in developing and maintaining strong brands around the world.
IP Law 360
FEBRUARY 25, 2022
A Wisconsin federal judge said Friday that a former employee of phone mount maker ProClip USA can't kill its trade secrets suit accusing him of stealing company know-how to create a direct competitor.
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