Hugh Stephens Blog

APRIL 4, 2022

People who are really into flags are known as vexillologists, a rather specialized field that studies the history, symbolism and usage of flags. If the papers offered at the periodic International Congress of Vexillology are any guide, then many things attract the attention of flag scholars, such as “The Flags of Bulgarian Municipalities”, “The Flags … Continue reading "Flagging Copyright Concerns: Vexillologists Take Note?

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Plagiarism Today

APRIL 4, 2022

Why is it acceptable for a celebrity to use a ghostwriter when creating their autobiography, but not acceptable when a fiction novelist does the same? . Why is it acceptable for Carolyn Keene to be a pseudonym for over a dozen authors penning Nancy Drew stories, but not ok for Cristiane Serruya to use ghostwriters when producing books with her name (outside the fact the books were plagiarized from other sources).

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Erik K Pelton

APRIL 4, 2022

The following is an edited transcript of my video The 5 Most Common Trademark Application Mistakes and How to Fix Them. In addition to filing many, many trademark applications on our own here at Erik Pelton & Associates for our clients, we also frequently get calls from other applicants who filed on their own, or other attorneys who aren’t trademark experts who filed and need assistance.

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TorrentFreak

APRIL 4, 2022

Individuals and business entities involved in the sale of pirate IPTV services in the UK can often turn a significant profit from customers looking for a cheap entertainment fix. The secret to longevity, aside from maintaining a reliable service at a reasonable price, is to avoid the negative attention of rightsholders, broadcasters and anti-piracy groups.

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Cease and Desist Copyright Infringement Television Copyright 134

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?

Technology

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S. District Court for the Western District of Washington in an infringement suit brought by Genuine Enabling Technology (Genuine) against Nintendo Company and Nintendo of America (collectively “Nintendo”) for allegedly infringing certain claims of Genuine’s U.S.

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TorrentFreak

APRIL 4, 2022

Last year, Spanish-born movie tycoon Carlos Vasallo sued YouTube over various piracy-related claims. The actor and producer owns the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. While copyright allegations against Google and YouTube aren’t new, the case came with an interesting twist.

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IP Watchdog

APRIL 4, 2022

As part of the ongoing confirmation process for Judge Ketanji Brown Jackson to the U.S. Supreme Court, Senator Thom Tillis (R-NC) submitted a number of questions for the record, including 35 IP-related questions on topics ranging from patent eligibility to anti-suit injunctions and 15 antitrust questions, to which Judge Jackson recently responded. While Tillis voted against Judge Jackson’s appointment to the U.S.

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IP.com

APRIL 4, 2022

The Bayh-Dole Act was a landmark piece of reform legislation passed by Congress in 1980 that overhauled patent and trademark rights in the US. Key to its legacy and its. The post Bayh-Dole, 40 Years Later appeared first on IP.com - IP Innovation and Analytics.

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IP Watchdog

APRIL 4, 2022

On February 14, 2022, the China National Intellectual Property Administration (CNIPA) issued a notice regarding “clout-chasing” trademark applications or registrations (the “Notice”). The Notice stated that CNIPA, on an ex officio basis, had refused or invalidated over 400 applications related to “???” (Bing Dwen Dwen, official mascot of the Beijing 2022 Winter Olympics) and “???

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JD Supra Law

APRIL 4, 2022

In DBN Holding, Inc. v. ITC, the Court of Appeals for the Federal Circuit (“CAFC”) upheld a $6.2M civil penalty levied against DBN, an ITC respondent, for violating a remedial consent order, even though the patent upon which the consent order was based, had been invalidated. This is the fourth appeal in the case.

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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.

Patent

IP Watchdog

APRIL 4, 2022

This week in Washington IP events, committee meetings at the U.S. House of Representatives focus on oversight of the Department of Defense’s cyber activities, fleet modernization efforts at the U.S. Postal Service and the innovation funding activities that have occurred during the 40 years since the Small Business Innovation Research program was established.

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JD Supra Law

APRIL 4, 2022

Many people applying for a patent in the United States only consider filing in other countries as an afterthought. You should consider whether you want to file in foreign countries before filing a nonprovisional application in the US. If you wait too long, you may lose priority to your earliest filing date.

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Michael Geist

APRIL 4, 2022

The CLOUD Act , which allows US law enforcement to use a warrant or subpoena to compel U.S.-based technology companies to provide data stored on servers regardless of where the data is located, was first introduced in the United States in 2018. Canada and the US recently announced plans to negotiate a Cloud Act agreement which would ease cross-border disclosures of data between the two countries.

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JD Supra Law

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission.

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U.S. Department of Commerce

APRIL 4, 2022

Join the 2022 Earth Day Photo Challenge. April 4, 2022. ASowah@doc.gov. Mon, 04/04/2022 - 09:03. Pictured above is a glimpse of the photos submitted in the 2021 Earth Day Photo Challenge. These photos were submitted by (left to right): Luke Evancoe, NOAA; Brenda Altmeier, NOAA; Joyce Hill, PTO; Marifrancis Hardison-Moschopoulos, NOAA; and Nhan Dang, NOAA.

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JD Supra Law

APRIL 4, 2022

On Wednesday, March 30, 2022, Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia, released a redacted opinion dismissing the Federal Trade Commission’s follow-on antitrust suit regarding Endo Pharmaceuticals’ grant of an exclusive license for the blockbuster opioid.

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The TTABlog

APRIL 4, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled five (V) oral hearings for the month of April 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. April 5, 2022 - 11 AM: Cobra Kai Jiu Jitsu, LLC v. Damien C. Noorbakhsh and Samir Rajic , Opposition No. 91253442 [Opposition to registration of COBRA KAI for "T-Shirts" [KAI disclaimed] in view of the registered marks COBRA KAI JIU JITSU for "Pro

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JD Supra Law

APRIL 4, 2022

GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous disavowal within the intrinsic record.

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Technology 98

IP Law 360

APRIL 4, 2022

The U.S. International Trade Commission said Monday it would investigate patent infringement claims lodged last month by the legally beleaguered Peloton in its patent dispute with NordicTrack maker iFIT Inc., shortly after the commission agreed to take iFIT's patent case against Peloton.

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IP Tech Blog

APRIL 4, 2022

The Competition and Markets Authority (“ CMA “) has published advice for the UK Government on changes that could be made to consumer and competition law to facilitate the UK achieving a “N et Zero ” economy by 2050. Whilst the regulator does not consider that current law represents a barrier to such sustainability goal, the CMA nonetheless recommends changes to consumer law that some may consider radical.

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IP Law 360

APRIL 4, 2022

In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

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Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

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IP Law 360

APRIL 4, 2022

Spotify can't shield CEO Daniel Ek from sitting for a deposition in a copyright infringement case brought by rapper Eminem's publishing companies, a Tennessee federal judge has ruled, but the judge limited the deposition to three hours "to minimize the likely annoyance" to the Swedish entrepreneur.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 4, 2022

As of 1 April 2022, the European Patent Office (EPO) has changed its policy regarding the issuance of electronic certificates of grant for European patents. If the patent proprietor or their representative has an activated electronic mailbox for receiving electronic mail directly from the EPO, grant certificates will be issued electronically and can be downloaded from the mailbox.

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Patent Copying Publishing 52

IP Law 360

APRIL 4, 2022

An attorney's recorded phone calls with a former client who said he was unaware of a proposed settlement for legal fees by his new representation should have been considered as new evidence before a federal judge dismissed the lawyer's complaint of client poaching.

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IAM Magazine

APRIL 4, 2022

Docket Navigator data shows that 45 subsidiaries of the Canadian licensing business have filed 302 lawsuits since 2008, enjoying high settlement rates and defending themselves fairly well in 160 IPRs.

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LexBlog IP

APRIL 4, 2022

This article is aimed at helping you discover (or in some cases rediscover) the use of RSS Feeds as an effective way to protect your privacy whilst gaining freedom from algorithms that deliver content designed to be biased towards sponsored (that is, advertised) content. You can take back control of what you read!

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IP Law 360

APRIL 4, 2022

A Federal Circuit panel on Monday appeared hesitant to overturn a Texas federal judge's denial of California-based software firm Mitek Systems Inc.'s bid for a declaratory judgment action against United States Automobile Association over a mobile check deposit technology.

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Technology Patent 52

JD Supra Law

APRIL 4, 2022

In USC IP Partnership, L.P. v. Facebook, Inc., 2021 WL 6690275, U.S. District Judge Alan Albright of the U.S. District Court for the Western District of Texas found U.S. Patent No. 8,645,300 invalid under 35 U.S.C. §101.

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Intellectual Property Brief

APRIL 4, 2022

After the Supreme Court’s ruling in 2021 that Administrative Patent Judges cannot issue final decisions without review from a principal officer, Arthrex is again challenging the constitutionality of the USPTO’s actions as a result of Commissioner Hirshfeld’s temporary performance of the role of USPTO Director without being nominated or confirmed to that role.

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JD Supra Law

APRIL 4, 2022

The USPTO is extending their pro bono efforts to allow those establishing a need to retain voluntary pro bono ex parte examination appeal counsel and eventually pro bono counsel for all proceedings conducted at the Board. This initiative was announced in a notice and on their website. This is the third pro bono program following a patent preparation and prosecution program and a trademark program, as described on their website.

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Velocity of Content

APRIL 4, 2022

In 2015, the United Nations General Assembly set a collection of Sustainable Development Goals for the year 2030. The worldwide wish list begins with no poverty and includes gender equality, clean water and sanitation, and affordable and clean energy. The International Publishers Association (IPA) is expressly supporting SDG 4 (quality education) through organizing and supporting a global children’s book club.

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JD Supra Law

APRIL 4, 2022

On March 16, 2022, the Federal Circuit denied Biogen’s petition for rehearing of its November 2021 decision in Biogen Int’l GmbH v. Mylan Pharms., Inc., 18 F.4th 1333, 1343 (Fed. Cir. 2021), which found that Biogen’s patent U.S. 8,399,514 (“the ’514 patent”) covering the treatment of multiple sclerosis (MS) with dimethyl fumarate (DMF, Brand name Tecfidera®) invalid for lack of written description.

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Patent Branding Brands Branding 52

Patent Trademark Blog

APRIL 4, 2022

What is a smarter way to respond to multiple Office Actions? If you haven’t figured it out already, you’ll soon learn that your utility nonprovisional patent will encounter rejection s. Multiple Office Actions are common in utility patent applications. While it’s normal to respond to the first non-final Office Action, what do you do when you get a Final Office Action or even further Office Actions beyond that?

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JD Supra Law

APRIL 4, 2022

The PTAB recently denied a motion to dismiss a Revised Petition and terminate an inter partes review (IPR) proceeding despite Petitioner’s alleged withdrawal of the Original Petition and failure to comply with the word limit in the Revised Petition. Tesla, Inc. v. Unicorn Energy GmbH, IPR2022-00110, Paper 19, 13 (February 17, 2022).

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