Plagiarism Today

FEBRUARY 2, 2022

Luxembourg’s Prime Minister, Xavier Bettel, announced that he is voluntarily surrendering his 1999 DEA from the University of Lorraine in France. The move follows allegations in October that his 1998 thesis , written to obtain the degree, was heavily plagiarized. According to reports, of the 56 pages only two were free of plagiarized content, the introduction and conclusion, and one 20-page section was lifted wholly from the European Parliament website.

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IP Watchdog

FEBRUARY 2, 2022

As we enter the second month of 2022, the old saying, “If at first you don’t succeed, try, try again” and the famous line, “I’m not dead,” from Monty Python and the Holy Grail, come to mind to describe two issues we’ll be watching closely this year relating to litigation involving small and large molecule therapies. In the first instance, Amgen recently petitioned the Supreme Court to review the Federal Circuit’s affirmance invalidating several patent claims based on the lack of enablement for g

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Plagiarism Today

FEBRUARY 2, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Sony Music Ends Copyright Fight with Gymshark Over Social Media Posts. First off today, Blake Brittain at Reuters reports that Sony Music and UK fitness apparel brand Gymshark have settled their lawsuit over Gymshark’s alleged use of Sony’s music in social media posts.

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TorrentFreak

FEBRUARY 2, 2022

In the late 2000s, music fans were delighted by the news that record labels and Apple had agreed to remove all DRM from music files downloaded through the iTunes Store. The music industry had initially insisted on strong copy protection to make it harder for music pirates to share these files. However, legitimate consumers were inconvenienced by these measures too.

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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

Patently-O

FEBRUARY 2, 2022

I posted some statistics on references cited in recently issued patents. That raised some discussion in the comments regarding third-party prior art submissions. The chart below puts some numbers on the result that everyone likely expected–third party submissions are quite rare. Out of every 1,000 issued patents, only about 14 include prior art submissions from third parties.

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IP Close Up

FEBRUARY 2, 2022

The Battle for Google Earth sounds like a science fiction movie. In fact, it is a real-life crime drama captured in a highly watchable and surprisingly popular TV Continue reading.

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IPilogue

FEBRUARY 2, 2022

Bonnie Hassanzadeh is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. As part of the Osgoode Intellectual Property Law & Technology Intensive Program, I had the wonderful opportunity of completing a 10-week internship at AstraZeneca Canada (“AstraZeneca”).

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Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge.

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JD Supra Law

FEBRUARY 2, 2022

Case Name: Janssen Pharms., Inc. v. Teva Pharms. USA, Inc., No. 18-cv-734, 2021 WL 5323737 (D.N.J. Nov. 16, 2021) (Cecchi, J.) Drug Product and Patent(s)-in-Suit: Invega Sustenna® (paliperidone palmitate); U.S. Patent No. 9,439,906 (“the ’906 patent”).

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Likelihood of Confusion

FEBRUARY 2, 2022

There we were, all locked down in our houses and not going to the INTA Annual Meeting, and there was a Trademark Modernization Act! Of 2020! Probably a very good. The post Trademark Modernization Act! appeared first on LIKELIHOOD OF CONFUSION™.

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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

JD Supra Law

FEBRUARY 2, 2022

In an appeal, Novartis Pharmaceuticals v. Accord Healthcare, Inc., the issue of whether a patent provides sufficient written description of a negative limitation split the panel at the Federal Circuit. Novartis Pharmaceuticals v. Accord Healthcare, Inc., Appeal No. 2021-1070, at *2 (Fed. Cir. Jan. 3, 2022). The case began at the District Court of Delaware with a bench trial that ultimately found HEC Pharm Co., Ltd. and HEC Pharm USA Inc.

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Patently-O

FEBRUARY 2, 2022

IN re Vox Populi Registry Ltd. ( Fed. Cir. 2021 ). A few years ago, ICANN opened the door to all sorts of top-level domains. Vox jumped on-board with the “ SUCKS” domain, and is the TLD’s domain registry operator. The setup appears to be a bit of a scam. Vox is attempting to register a both the standard character service mark.SUCKS and also the stylized version shown in the figure above.

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JD Supra Law

FEBRUARY 2, 2022

With the issuance of its mandate on January 28, 2022, in Catalyst Pharmaceuticals, Inc. v. Becerra, the U.S. Court of Appeals for the Eleventh Circuit has upheld the orphan exclusivity for Catalyst Pharmaceuticals, Inc. (Catalyst) and its drug Firdapse (amifampridine phosphate). In doing so, the Eleventh Circuit rejected the U.S.

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IP and Legal Filings

FEBRUARY 2, 2022

The background of the case is pretty straightforward. The plaintiff is a California-based company that has millions of subscribers on YouTube and other Social Media handles, which is significant to understand the popularity of its various trademarks and copyrights with licenses for various sorts of merchandise. The plaintiff has alleged that the defendants (Redbubble) own an e-commerce website, on which any person can register and sell merchandise.

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JD Supra Law

FEBRUARY 2, 2022

Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.

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Managing IP

FEBRUARY 2, 2022

Giang Hoang Bach of Tilleke & Gibbins explains why a new decree on IP enforcement in Vietnam is to be welcomed

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IP 105

JD Supra Law

FEBRUARY 2, 2022

A judge in the Eastern District of Virginia recently held that cancellation of independent claims in an inter partes review (IPR) did not preclude the plaintiff from asserting infringement based on the doctrine of equivalents for surviving dependent claims. The district court found that, as a matter of law, amendment-based prosecution history estoppel does not apply based on the Patent Trial and Appeal Board’s cancellation of all independent claims of the patent.

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IP Watchdog

FEBRUARY 2, 2022

The U.S. Court of Appeals for the Federal Circuit ruled earlier today that a stylized form of the trademark for the.SUCKS domain name failed to create a “separate commercial impression” warranting registration by the U.S. Patent and Trademark Office (USPTO). Vox Populi Registry Ltd. is the domain registry operator for the controversial.SUCKS generic top-level domain (gTLD).

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IP Law 360

FEBRUARY 2, 2022

A Canadian entity claiming to own Quantum, a non-fungible token believed to be the first of its kind, alleged in New York federal court that Sotheby's wrongly marketed the NFT's ownership in an auction where the artist sold the work for $1.47 million.

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IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts. Earlier this month, the ASA announced that it will take out ads of its own against six influencers , who despite previous warnings, have repeatedly failed to improve their ad disclosures in line with adver

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IP Law 360

FEBRUARY 2, 2022

The Federal Circuit has thrown out a Patent Trial and Appeal Board finding that Sling TV failed to show a Uniloc patent on audiovisual presentations was invalid, finding that the board's decision was confusing.

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IAM Magazine

FEBRUARY 2, 2022

In a social media-driven world, it is imperative that morality clauses are effectively drafted to safeguard the public image of a company’s brand. In Russia, there are several provisions by which a morality clause may be enforced to achieve this aim.

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IP Law 360

FEBRUARY 2, 2022

The Federal Circuit on Wednesday said the domain registry operator behind the ".Sucks" websites can't secure a trademark on the word as a website domain, affirming an initial rejection from the Trademark Trial and Appeal Board.

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IAM Magazine

FEBRUARY 2, 2022

Comprehensive US patent litigation data from 2021 shows more district court litigation and the continuing decline in PTAB filings. IAM speaks to expert practitioners to unpack the narratives behind the numbers.

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Litigation Patent 52

IP Law 360

FEBRUARY 2, 2022

President Joe Biden is nominating Judge Stephanie Dawkins Davis of the Eastern District of Michigan to serve on the Sixth Circuit, the White House announced Wednesday.

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LexBlog IP

FEBRUARY 2, 2022

By Emily Parker and David Barker. Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard. Nature Simulation Systems (“NSS”) sued Autodesk, Inc. for infringing two patents directed to computerized methods for building three-dimensional objects.

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JD Supra Law

FEBRUARY 2, 2022

Last week wrapped up a busy January for the Federal Circuit. Oral arguments returned to a telephonic format, and arguments next month will be by video (although still audio-only for the public). As the month is now in the books, we thought we’d take one last look at a January precedential patent decision in a month with the Court’s written opinions largely dominated by the non-patent docket.

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LexBlog IP

FEBRUARY 2, 2022

By: Teala Volkamer. December 31, 2021 —the date that had been looming over the financial world for the last few years—has finally come and gone. It was on this day that one-week and two-month U.S. dollar London Inter-Bank Offered Rate s (LIBOR) ceased to be published. Established in 1984, LIBOR was a daily calculated and globally accepted benchmark interest rate.

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Velocity of Content

FEBRUARY 2, 2022

Roy Kaufman, CCC’s Managing Director, Business Development and Government Relations, has been appointed to the Board of the United States Intellectual Property Alliance (USIPA). The USIPA Board features representatives of various organizations and constituencies that make up the Intellectual Property Ecosystem in the U.S., including the U.S. Patent & Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), the Copyright Alliance, the Recording Industry Association o

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LexBlog IP

FEBRUARY 2, 2022

California Attorney General Rob Bonta is serious about compliance with the California Consumer Privacy Act (CCPA). So serious, that on January 28, 2022, also known as Data Privacy Day, he announced that his office was commencing an investigative “sweep” of “businesses operating loyalty programs in California” and sent notices of noncompliance to businesses requiring them to cure within thirty days.

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Privacy Business Law Intellectual Property 52

JD Supra Law

FEBRUARY 2, 2022

The U.S. International Trade Commission (the “ITC”), in an important new opinion, recently extended a series of final determinations that complainants had satisfied the “economic prong” of Section 337’s domestic injury requirement. This decision reinforces the Commission’s critical role in defending U.S. intellectual property rights and bodes well for patent owners.

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LexBlog IP

FEBRUARY 2, 2022

IPNews® – On January 31, 2022, Sony Pictures Television filed a trademark opposition against a trademark application that was filed for BAKING BAD. The application was filed by Thomas Mihill for use in relation to a cooking show. In the Opposition, Sony states: “the mark sounds and looks similar” to its popular show Breaking Bad which became one of television’s most critically acclaimed programs.

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JD Supra Law

FEBRUARY 2, 2022

Both IP practitioners and fashion brands will be interested in the recent string of judgments in relation to the infringement of dresses designed and sold by House of CB and Mistress Rocks. Oh Polly brand was found to have 'flagrantly' infringed a number of the Claimant's UK and EU unregistered designs and was ordered by the court to pay substantial damages.

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DuetsBlog

FEBRUARY 2, 2022

The really big news that commanded attention was back in July 2020, when the NFL franchise near Washington, D.C. announced it would be “ retiring the R*dskins name and logo. ” You may recall this gem: NEVER Means Forever, Until it Doesn’t. Honestly, after two seasons of the team using the generic Washington Football Team name, I had wondered whether Daniel Snyder had given up on brands and if a new name ever would come, but today there is some news to report.

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JD Supra Law

FEBRUARY 2, 2022

Clinical drug candidates are often claimed in a patent as a pharmaceutical composition or formulation with a specified concentration range of the drug or an excipient; as being purified within certain temperature or pH ranges; or in a method of treating a disease by administering the drug at a certain dosage range. For a claim to be patentable over any prior disclosure, the claim must be novel and nonobvious.

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