Hugh Stephens Blog

FEBRUARY 1, 2022

I recently attended a very interesting conference originating from Toronto, called Digital Media at the Crossroads, aka DM@X, where discussion and presentations took place on a range of digital media issues in Canada and internationally. Many of the audience were digital media students studying for degrees in Communications. Among the issues discussed was “site blocking”, … Continue reading "Site Blocking and the Rules of the (Internet) Road?

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Plagiarism Today

FEBRUARY 1, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Zillow Ordered to Pay $1.9 Million in Copyright Case. First off today, Heidi Groover at The Seattle Times reports that the real estate listing site Zillow has been ordered to pay nearly $2 million to the photography company VHT. VHT licenses real estate photos for marketing purposes and many of its photos appear on Zillow.

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Cease and Desist Licensing Plagiarism Publishing 130

Erik K Pelton

FEBRUARY 1, 2022

Sooner is generally better. Listen to this episode to learn why the timing of a trademark filing is important, and why both new and existing businesses can benefit from filing for registration now. The post When Should I Apply for Trademark Registration? appeared first on Erik M Pelton & Associates, PLLC. Sooner is generally better. Listen to this episode to learn why the timing of a trademark filing is important, and why both new and existing businesses can benefit from filing for registrat

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Registration Trademark Business 113

IP Watchdog

FEBRUARY 1, 2022

Just over one week ago, Professor Adam Mossoff of the Antonin Scalia Law School at George Mason University published a Policy Memo with the Hudson Institute charging that some of the key data relied upon in the heated debate over the effects of pharmaceutical patents on drug pricing and access may be faulty. Now, Senator Thom Tillis (R-NC) has written letters to the key organization providing that data, the Initiative for Medicines, Access & Knowledge (I-MAK), as well as the Food and Drug A

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Patent Publishing Trademark Law 122

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 1, 2022

Guest Post by Victoria T. Carrington and Professor Jorge L. Contreras. Background . It should be no surprise to readers of Patently-O that many are unhappy with the Supreme Court’s jurisprudence regarding patent eligibility under Section 101 of the Patent Act. In response to various calls for “reform” of patent eligibility jurisprudence, on March 5, 2021, Senators Thom Tillis (R-NC), Mazie Hirono (D-HI), Tom Cotton (R-AR), and Christopher Coons (D-DE) requested that the US Patent and Trademark

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Patent Invention Technology Marketing 122

IP Watchdog

FEBRUARY 1, 2022

The ability of copyright owners to experiment with different marketing strategies is fundamental to copyright law. Indeed, the U.S. Copyright Act promotes the public good by granting exclusive rights to copyright owners that incentivize the creation and dissemination of new works on their own terms. These exclusive rights are the reason why copyright owners invest time, energy, and money into creating new works, and why they have a chance to recoup expenses and perhaps make a profit.

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Licensing Law Copyright Copyright Law 116

TorrentFreak

FEBRUARY 1, 2022

For several decades, The Scene has been the main source of all pirated content made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. Feds Bust SPARKS Group. The secretive nature of The Scene has been a major challenge for law enforcement but in the summer of 2020, the US Department of Justice made a major breakthrou

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Television Government Copyright Copyright Infringement 101

JD Supra Law

FEBRUARY 1, 2022

In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other celebrities to immersive technologies that make it possible for gamers to enhance the avatars they create—are disrupting the entertainment industry.

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TorrentFreak

FEBRUARY 1, 2022

It’s one of the oldest methods for sharing large files online but despite advances in modern technology, Usenet (also knows as newsgroups) still has a considerable following among enthusiasts. While it can be used for a multitude of other things, Usenet’s popularity and longevity have certainly been boosted by the mountains of copyrighted content that exist on the sprawling system.

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Settlement Cease and Desist Confidentiality Copyright 97

JD Supra Law

FEBRUARY 1, 2022

Case Name: Association for Accessible Medicines v. Bonta, Civ. No. 2:20-cv-01708-TLN-DB, 2021 WL 5853431 (E.D. Ca. Dec. 9, 2021) (Nunley, J.) - Drug Product and Patent(s)-in-Suit: N/A - Nature of Case and Issue(s) Presented: California legislation AB 824 presumed that settlement agreements between brand and generic pharmaceutical companies, where the generic delays market entry in exchange for something of value, were anti-competitive and unlawful.

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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

TorrentFreak

FEBRUARY 1, 2022

Early this week news broke that major manga publishers Shueisha, Kodansha, Shogakukan and Kadokawa were about to sue Cloudflare in Japan. The basics are relatively straightforward. The publishers believe that since Cloudflare is structurally involved in the presentation and delivery of pirate sites that use its services, the company should do more to help copyright holders when Cloudflare’s services are used to infringe copyright.

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Publishing Contracts Copyright Government 93

JD Supra Law

FEBRUARY 1, 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In This Issue - Does the Limit Exist?: Negative Limitation in Novartis v. Accord - Federal Circuit Holds that Your Technical Expert Must be a POSA Please see full Newsletter below for more information.

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Designs Design Patent 98

IAM Magazine

FEBRUARY 1, 2022

Jeremiah Chan talks about the biggest challenges that his current company has faced, as well as the ones at Google when he held a leadership position there.

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IP Patent 98

JD Supra Law

FEBRUARY 1, 2022

For years auto industry insiders talked about the “dawn” of the electric vehicle (EV) era. A confluence of developments demonstrates that we’re past mid-morning and hitting high noon of the EV epoch. While many factors account for an increase in EV expansion – environmental regulations, technological advancements, and major financial investments, to name a few –.

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Technology Publishing Patent 98

The Illusion of More

FEBRUARY 1, 2022

Naturally, I join the outrage directed at any school board that would presume to ban a book—let alone because they don’t want students to confront the traumas of history—but I am almost as offended by the self-proclaimed defenders of culture in the anti-copyright crowd. How dare the McMinn County Board of Education ban Maus? But […]. The post No, the Maus Ban is Not an Excuse to Weaken Copyright appeared first on The Illusion of More.

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Copyright Copyright Law Law 84

JD Supra Law

FEBRUARY 1, 2022

Apple’s long-term campaign to avoid paying FRAND SEP licensing fees continues unabated. In what has become a modus operendi, every time Apple’s license with a major SEP licensors – Ericsson, Nokia, Samsung, Motorola, InterDigital, Qualcomm – comes up for renewal, global warfare breaks out, and then after forcing SEP licensors to pay millions in legal fees, Apple settles for unknown, typically after being found by a court or the ITC to be an “unwilling” technology user who failed to negotiate in.

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Licensing IP Technology 98

The IPKat

FEBRUARY 1, 2022

The Neurim v. Mylan saga, which started two years ago, is still going strong. The latest was a ruling by the High Court on 24 January 2022 (2022) EWHC 109 (Pat) ( read here). The ups and downs, and the turns this dispute have taken, remind one of a rollercoaster. A year ago, Neurim was successful in the UK trial ( [2020] EWHC 3270 (Pat) ) when its claims of infringement were accepted by the court and counterclaims on the invalidation of its patent were rejected, only to shortly thereafter see it

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Invention Patent Litigation Law 76

JD Supra Law

FEBRUARY 1, 2022

On January 25, 2022, the U.S. Patent and Trademark Office (USPTO) concluded that low-cost trademark filing companies, ABTACH Ltd., 360 Digital Marketing LLC, and Retrocube LLC (collectively, the “Respondents”) were engaged in an egregious scheme to deceive the USPTO as well as their own customers. As a consequence, the USPTO has invalidated more than 5,500 trademark applications filed by those companies.

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Trademark Marketing Marketing Patent 98

Likelihood of Confusion

FEBRUARY 1, 2022

The Internet was supposed to make brand differentiation and consumer choice… tight. The post Ryan George goes shopping on Amazon appeared first on LIKELIHOOD OF CONFUSION™.

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Branding Brands Branding 72

JD Supra Law

FEBRUARY 1, 2022

Pursuant to the Patent Trial and Appeal Board Order issued November 29, 2021, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") on December 17, 2021 filed its Responsive Preliminary Motion No. 1 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Board for benefit of priority to U.S.

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Patent 97

IP Law 360

FEBRUARY 1, 2022

A trademark fight between the popular country band formerly known as Lady Antebellum and a longtime blues singer named Anita White came to an end Monday, when both sides agreed to drop their dispute over the "Lady A" moniker.

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Trademark 75

JD Supra Law

FEBRUARY 1, 2022

More than a year after its last precedential designation, the Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board has held that Fedwire confirmation of payment constitutes sufficient evidence that the required fee for a petition for inter partes review has been paid. The POP in this IPR proceeding consisted of the acting Director of the U.S.

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Designs Design Trademark Patent 94

IP Law 360

FEBRUARY 1, 2022

The U.S. International Trade Commission voted to launch an investigation into TCL Technology's imports of certain video processing devices used in "smart" televisions after DivX LLC accused the television manufacturer of infringing its intellectual property.

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Television Intellectual Property Technology Patent 75

IP Watchdog

FEBRUARY 1, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on two related inter partes reviews (IPRs), explaining that the Board’s determination that “prior art consisting of patents or printed publications” includes applicant admitted prior art (AAPA) was incorrect. The CAFC nonetheless remanded the case for the PTAB to decide “whether Apple’s petition nonetheless raises its § 103 challenge on the basis of prior art

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Art Patent Patent Application Litigation 69

IP Law 360

FEBRUARY 1, 2022

The Indonesian court system’s finding that a theme park in West Java infringed on the copyright held by the estate of American artist Chris Burden shows that artist rights can be protected through the current global copyright framework, though procedural differences in foreign jurisdictions may pose logistical and operational challenges, say members of 1717 Studio, Padjadjaran University and IABF Law Firm.

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Copyright Law 75

Managing IP

FEBRUARY 1, 2022

The Supreme Court of India’s recent trademark infringement ruling on identical marks is welcome, but counsel hope that the forum settles more key issues soon

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Trademark 59

IP Law 360

FEBRUARY 1, 2022

A New York federal judge Monday tossed Regeneron Pharmaceuticals' antitrust lawsuit brought against rival Novartis Pharmaceuticals in response to Novartis' lawsuit claiming Regeneron infringed its patent related to a prefilled syringe treatment.

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IP Patent 75

Patently-O

FEBRUARY 1, 2022

USPTO has launched its new Patent Public Search Tool: [link] uspto.gov/about-us/news- updates/uspto-launches-new-patent-public-search-tool-and-webpage. Super useful, but you are going to need a very large screen to get full utility.

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Patent 60

IP Law 360

FEBRUARY 1, 2022

The U.S. Patent and Trademark Office has updated its online search program to allow people to research patents more easily based on tools the office's own examiners have used.

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Patent Trademark 75

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 1, 2022

National Law Journal recently named Fish & Richardson to its 2022 list of Legal Technology Trailblazers, which recognizes firms and professionals for the innovative technical solutions they use to support the practice of law. Fish & Richardson was selected for its proprietary BudgetMatters system, which allows pricing and project management professionals to quickly create, track, and forecast budgets while providing real-time analytics and budget monitoring for both clients and attorneys

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Journalism Technology Law Litigation 52

IP Law 360

FEBRUARY 1, 2022

Novartis' generic drugmaking arm has told the Federal Circuit that a New Jersey federal judge got it wrong when he allowed Amgen to use an old, expired patent to generate "a patent estate" that would extend the American company's grip on its blockbuster plaque psoriasis medication Otezla to 2034.

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Patent 73

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 1, 2022

Early-stage life sciences companies typically focus their time and resources on developing their core products, positioning them for commercial success, and, if applicable, obtaining Food and Drug Administration (FDA) approval. Intellectual property (IP) protection is often further down their list of priorities. This is a mistake. The strength of a company’s IP assets is a critical factor in determining its value; failure to protect those assets can seriously diminish a company’s prospects for l

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Intellectual Property IP Business 52

IAM Magazine

FEBRUARY 1, 2022

The digital timestamping service was officially closed down yesterday. Despite a strong backend, it suffered from competition, miscalibration, and a lack of international legal harmonisation.

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LexBlog IP

FEBRUARY 1, 2022

Interesting Patents. TUESDAY, February 1, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

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Patent Invention Intellectual Property Technology 52

Intellectual Property Brief

FEBRUARY 1, 2022

The Louvre and The Uffizi Gallery fight for the fair use of their classic works following Pornhub’s exploitative approach to educate its patrons about classic art. Pornhub’s argument against infringement claims reveals the museums’ strict partiality in their regulation of fair use.

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