Intellectual Property Law Blog

DECEMBER 20, 2021

I. 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. To recap, 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.

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TorrentFreak

DECEMBER 20, 2021

The major record labels believe that YouTube rippers are the most significant piracy threat on the Internet. These sites, which can be used for a variety of purposes, are used by some to convert free YouTube videos into MP3s. The RIAA and several of its members have taken legal action to curb this threat. They previously sued YouTube-MP3, the world’s largest ripping site at the time, which resulted in the site shutting down in 2017.

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IP Watchdog

DECEMBER 20, 2021

Meanwhile, all patents— good, bad, revolutionary, and stupid— have eroded to the point where continued use of the U.S. patent system must be questioned. Despite the statute saying that patents are to be treated as property rights, the Supreme Court has ruled that patents are merely government franchises that can be stripped at any point in time during the life of the patent regardless of how much time or money has been invested by the patent owner.

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TorrentFreak

DECEMBER 20, 2021

Until last month, RipRequests was a popular hangout for those looking to download music without the hassle of paying and, in some cases, waiting for an official release to come out. While that worked well for years, the release of Adele’s new album ’30’ last month resulted in the Discord server and associated Reddit forum receiving some unwanted attention.

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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

IPilogue

DECEMBER 20, 2021

Photo by Muhammad Faiz Zulkeflee ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Chow is an?IPilogue?Writer and a 1L JD Candidate at Osgoode Hall Law School.?. . Fan culture, or “fandom”, is a term used to describe a community of fans built around a shared enjoyment of a particular piece of pop culture.

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Patently-O

DECEMBER 20, 2021

by Dennis Crouch. Lots of the new learning in patent law over the past decade has focused on patent eligibility. But, none of the eligibility cases (new or old) show up in my list of the most cited Supreme Court cases. Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) (claim construction); Christianson v. Colt Industries Operating Corp., 486 U.S. 800 (1988) (arising under jurisdiction); eBay Inc. v.

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IP Law 360

DECEMBER 20, 2021

A Denver-based media company has accused the producers behind a recent "Godzilla" movie of brazenly featuring its mountain monster character in the film without permission, according to a copyright infringement suit in California federal court.

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JD Supra Law

DECEMBER 20, 2021

In Cosmokey Solutions Gmbh & Co. KG v. Duo Security LLC, on October 4, 2021, the Federal Circuit jumped straight to Step Two of the Supreme Court’s two-step method for determining patent eligibility and upheld a user authentication patent. The Supreme Court’s often criticized 2014 decision in Alice Corp. v. CLS Bank, discussed here, prescribes a two-step test for patent eligibility: first, are the patent claims directed to a patent-ineligible abstract idea?

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IP Law 360

DECEMBER 20, 2021

A D.C. federal judge on Monday handed a win to the licensing group SoundExchange in kicking a songwriting royalty rights battle with the cable channel Music Choice to the Copyright Royalty Board, instead of keeping it in federal court.

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JD Supra Law

DECEMBER 20, 2021

A panel of the Patent Trial and Appeal Board instituted inter partes review of a patent, rejecting the patent owner’s assertion that the petitioner’s obviousness arguments were collaterally estopped by a district court’s ruling on patentable subject matter.

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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 Law 360

DECEMBER 20, 2021

Disney, Columbia Pictures and other major entertainment studios scored another win Monday in their fight against illegal streaming platforms as a London judge granted website blocking orders against six U.K. telecommunications companies.

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JD Supra Law

DECEMBER 20, 2021

The parties in Interference No. 106,132, namely Senior Party Sigma-Aldrich and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC"), filed their respective lists of proposed preliminary motions four days prior to their August 3rd teleconference with the Board to present their arguments for the Board to grant leave to file any of them.

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Michael Geist

DECEMBER 20, 2021

The past year has been an incredibly active one for Canadian digital law and policy with legislative battles over Bill C-10, controversial consultations on online harms and copyright, important Supreme Court decisions, new digital taxes, and an emerging trade battle with the United States. For this final Law Bytes podcast of 2021 , I go solo without a guest to talk about the most significant trends and developments in Canadian digital policy from the past year and to think a bit about what may l

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JD Supra Law

DECEMBER 20, 2021

As we previously reported. the coming into force date of the amended Patented Medicines Regulations governing the Patented Medicine Prices Review Board (PMPRB) is scheduled for January 1, 2022. It is possible that this date will be further extended.

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43(B)log

DECEMBER 20, 2021

Macnaughten v. Young Living Essential Oils, LC, 2021 WL 5965195, No. 5:21-cv-00071 (BKS/ML) (N.D.N.Y. Dec. 16, 2021) Some cases are a reminder that puffery is a doctrine that allows sellers to trick buyers, as long as the way they trick buyers is with statements that sound like they mean something, but aren’t really tangible if you stop and think about them.

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IP Law 360

DECEMBER 20, 2021

Miramax's recent lawsuit in a California federal court to stop Quentin Tarantino from selling nonfungible tokens attached to scenes from "Pulp Fiction" offers an opportunity to think through three novel copyright infringement scenarios involving NFTs and traditional works, say Daniel Dubin and H. James Abe at Alston & Bird.

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Managing IP

DECEMBER 20, 2021

Counsel say infringements on NFT platforms often go undetected, and rights owners must resort to traditional enforcement in the absence of marketplace regulations

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IP Law 360

DECEMBER 20, 2021

A Florida federal magistrate on Monday recommended trimming an attorney's fee request from Grammy Award–winning music veteran Alan Parsons to just under $30,000 to cover costs he incurred obtaining a civil contempt finding against his former promoter in a trademark infringement lawsuit.

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JD Supra Law

DECEMBER 20, 2021

Dear Patenticity, We recently found that an out-of-state competitor is infringing one of our patents. I know we need to put a stop to it, but I’m worried about the cease-and-desist letter. I heard that there was a recent case, Trimble v. Perdiemco, where a patent owner sent a cease-and-desist letter and ended up being sued.

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IP Law 360

DECEMBER 20, 2021

The artist behind a custom leather jacket featured on Netflix's "Queer Eye" series has slammed Lego with a copyright suit in Connecticut federal court, arguing that the toy company swiped his design for a Lego set inspired by the show.

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IAM Magazine

DECEMBER 20, 2021

The company is due to release its Q3 financials tomorrow, but it is not known whether the touted sale of a portfolio of well over 30,000 individual assets will also be announced.

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LexBlog IP

DECEMBER 20, 2021

Today, Coherus BioSciences, Inc. announced that the FDA approved YUSIMRY (adalimumab-aqvh), a biosimilar of AbbVie’s HUMIRA product. YUSIMRY is indicated for plaque psoriasis, psoriatic arthritis, rheumatoid arthritis, juvenile idiopathic arthritis, ankylosing spondylitis, Crohn’s disease, and ulcerative colitis. According to the press release, Coherus plans to launch YUSIMRY in the U.S. on or after July 1, 2023 based on the terms of its agreement with AbbVie.

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JD Supra Law

DECEMBER 20, 2021

One common rationale used to support an obviousness argument is that the patented solution would have been “obvious to try.” The Supreme Court has stated that where “there are a finite number of identified, predictable solutions” for solving a problem and that “a person of ordinary skill has good reason to pursue the known options,” if that “leads to the anticipated success,” that “might show that it was obvious under § 103.

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LexBlog IP

DECEMBER 20, 2021

I. 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. To recap, 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.

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Patent Prosecution Patent Copying Patent Application 52

IP Law 360

DECEMBER 20, 2021

California-based Procopio Cory Hargreaves & Savitch LLP added a veteran intellectual property attorney to its Silicon Valley office with experience litigating in both federal courts and the U.S. International Trade Commission, the firm announced.

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Litigation Intellectual Property IP 52

Likelihood of Confusion

DECEMBER 20, 2021

Ryan Gile reports about a case that deals with real trademark fraud, and that makes it matter: I have previously written (link here) about the ongoing dispute between Roy Tuccillo. The post Not in the good way appeared first on LIKELIHOOD OF CONFUSION™.

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The TTABlog

DECEMBER 20, 2021

INTA has published the November-December, 2021 (Vol. 111 No. 6) issue of The Trademark Reporter (TMR). [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "In this issue, we offer our readers the 2021 Ladas Memorial Award-winning articles in the Student category—one on cultural misappropriation and the other on obscene, profane, and vulgar trademarks—and a review of an essential one-volume treatise on likelihood of confusion.

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IAM Magazine

DECEMBER 20, 2021

In-house experts highlight the year’s most important patent developments in auto, life sciences, software, semiconductors and telecoms.

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Marketing Marketing IP Patent 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 20, 2021

November brought another busy month for the ITC. Final Determinations were issued by the Commission in two Section 337 Investigations: Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof , Inv. No. 337-TA-1200 (Nov. 10, 2021) and Certain Cloud-Connected Wood-Pellet Grills and Components Thereof , Inv.

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IAM Magazine

DECEMBER 20, 2021

A wide-ranging overhaul of the law, big moves on FRAND and a major departure were among the highlights of a busy year.

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LexBlog IP

DECEMBER 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently. These regulations impact all aspects of trademark strategy in the U.S., including clearance, prosecution, and enforcement.

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IAM Magazine

DECEMBER 20, 2021

The company is due to release its Q3 financials tomorrow, but it is not known whether the touted sale of a portfolio of well over 30,000 individual assets will also be announced.

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Marketing Marketing Patent 52

Legal Zoom

DECEMBER 20, 2021

As a small business owner, you will be subject to many types of taxes in California. Here is an overview of the types of taxes you will encounter and the state income tax rates for 2021.

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IP Law 360

DECEMBER 20, 2021

AbbVie Inc. has asked the U.S. International Trade Commission to block imports of Alvotech's biosimilar version of the best-selling biologic Humira, claiming the Icelandic company has been poaching its employees and benefiting from its trade secrets.

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Legal Zoom

DECEMBER 20, 2021

In 2020, the CARES Act provided relief in the form of delayed timing of certain payroll taxes to help businesses with cash flow challenges during the COVID-19 pandemic. There are 2021 payment deadlines to be aware of to avoid tax penalties.

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