Plagiarism Today
MARCH 22, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lizzo Settles Truth Hurts Copyright Battle with Former Collaborators. First off today, Chris Cooke at Complete Music Update reports that Lizzo has reached a settlement with her former collaborators over her hit song Truth Hurts. The lawsuit was filed by Justin Raisen, Jeremiah Raisen and Justin ‘Yves’ Rothman.
Erik K Pelton
MARCH 22, 2022
There is a lot of information available on the USPTO website when reviewing the records for a trademark application or registration. However, there is also a lot hidden that you can’t see. In this episode, Erik reveals what’s hidden behind the curtains. The post Trademark Applications: What You See vs. What You Don’t appeared first on Erik M Pelton & Associates, PLLC.
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TorrentFreak
MARCH 22, 2022
Earlier this year, we noticed that Google had removed several popular pirate sites from its search results. In the Netherlands, for example, The Pirate Bay and many of its mirrors and proxies were delisted by Google in response to a notice sent by local anti-piracy group BREIN. Later, we learned that similar requests were being sent to Google by movie company representatives in other countries.
The IPKat
MARCH 22, 2022
In response to the ongoing military aggression against Ukraine, the European Patent Office (EPO) has issued a notice relating to provisions allowing for deadline extensions in view of the conflict. The notice accompanies strongly worded expressions of solidarity with Ukraine from patent offices and organisations across Europe, as well as donations of practical assistance.
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?
TorrentFreak
MARCH 22, 2022
Today, we will stop offering the option to comment on articles. This is a tough decision that has been discussed internally for some time. We are thankful for all the insightful and helpful responses that many readers have provided over the years, they often gave us inspiration and encouragement to press ahead. Sadly, however, increasing ‘noise’ in more recent times ran counter to community spirit and productive discussion, not to mention our core mission and beliefs.
IP Watchdog
MARCH 22, 2022
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied VoIP-Pal.com, Inc.’s petition for a writ of mandamus asking it to direct a California district court to vacate its decision in favor of Twitter, Inc. The U.S. District Court for the Northern District of California issued an order on November 2, 2021, refusing to grant VoIP-Pal’s motion to dismiss Twitter’s request for a declaratory judgment that its products do not infringe VoIP-Pal’s U.S.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
MARCH 22, 2022
On March 21, the U.S. Supreme Court issued an order list denying petitions for writs of certiorari in a pair of patent cases that had worked their way up to the nation’s highest court. In denying these petitions, the Supreme Court turns down Intel Corporation’s challenge to the NHK-Fintiv discretionary denial framework at the Patent Trial and Appeal Board (PTAB), while the Court also dismissed an appeal asking whether a patent infringement case can be determined to be exceptional for purposes of
IP Close Up
MARCH 22, 2022
TikTok, the Chinese social media giant, is the world’s fastest growing brand, up 215% over 2021, according to BrandFinance, a firm that rates the Global Continue reading.
Technology & Marketing Law Blog
MARCH 22, 2022
The plaintiff posted videos to YouTube. It claims that TV-Novosti, which runs the RT Arabic channel, infringed its copyrights. The plaintiff sent takedown notices to YouTube for the allegedly infringing RT Arabic videos. “YouTube removed the First RT Video nine days after it received Business Casual’s complaint; the Second RT Video twenty-three days after it received Business Casual’s complaint; and the Third RT Video three days after it received Business Casual’s complaint.” RT Arab
JD Supra Law
MARCH 22, 2022
A Reuters report published last week indicated that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19 vaccines. The text of the compromise proposal, however, was not released.
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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.
IP Law 360
MARCH 22, 2022
A California federal judge has agreed to trim willful infringement allegations against Apple stemming from purportedly pirated copies of songs being sold on iTunes, ruling that the tech giant maintained a notice-and-takedown procedure and it wasn't sufficiently obvious to Apple that certain uploaders were serial infringers.
JD Supra Law
MARCH 22, 2022
The Supreme Court recently issued a surprising opinion regarding the safe harbor provision of the Copyright Act: If an applicant makes a mistake of fact or law in their application, the registration will still be valid. At first glance, the decision, in Unicolors, Inc. V. H&M Hennes & Mauritz, L. P., seems to undercut the statutory requirements for successful registration and opens the door for any applicant to claim they “made a mistake” and go on to register their copyright and maintai
Velocity of Content
MARCH 22, 2022
Thinking about it simply, supplementary materials can be defined as all the “detailed work” a scholar does to prove the science in a study, paper or journal article. These additional relevant assets can include things like datasets, methods information, chemical drawings, video clips, audio files, large data tables, and more. Because the range of supplementary materials is vast (anything from a text file to computer simulation code), publishers often have different approaches to make them availa
JD Supra Law
MARCH 22, 2022
Tomorrow, March, 22, 2022, the FDA will host a public meeting entitled “Final Assessment of the Program for Enhanced Review Transparency and Communication in in the Biosimilar User Fee Act.” As part of the Biosimilar User Fee Act (BsUFA), the FDA contracted with independent third parties to assess the extent to which the Program for Enhanced Review and Transparency and Communication (“the Program”) improves the efficiency and effectiveness of 351(k) BLA reviews. .
TorrentFreak
MARCH 22, 2022
In December 2021, Paramount, Universal, Warner, Columbia, Disney and Netflix sued PrimeWire, one of the most recognizable pirate streaming sites around today. The lawsuit claims that PrimeWire encouraged users to upload links to pirated movies and TV shows hosted on third-party sites, then facilitated access to these via its own curated portal. The plaintiffs quickly obtained a preliminary injunction that required PrimeWire to stop infringing their copyrights.
JD Supra Law
MARCH 22, 2022
Evonik is a specialty chemical company developing biomaterials that serve as metal-free alternatives to traditional bone implants. Evonik’s VESTAKEEP product line includes an osteoconductive polyether ether ketone (PEEK) – a biostable polymer having similar mechanical properties to the human bone, which promotes osteointegration. According to Evonik, combining the PEEK material with the functional additive biphasic calcium phosphate (BCP) accelerates fusion at the bone-implant boundary, allowing
U.S. Department of Commerce
MARCH 22, 2022
Women’s History Month: USPTO Highlights Trailblazing Women Inventors. March 22, 2022. KCPullen@doc.gov. Tue, 03/22/2022 - 11:31. Intellectual property. In honor of Women’s History Month, and as part of its efforts to protect and promote the ingenuity of American inventors and entrepreneurs, the Department of Commerce’s U.S. Patent and Trademark Office (USPTO) is proud to share some inspiring stories of notable women innovators who have made lasting contributions to our nation’s history, economy,
JD Supra Law
MARCH 22, 2022
Last week’s big news was of course the official swearing in of Judge Stark. But there were plenty of other things happening at the Court. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.
IP Watchdog
MARCH 22, 2022
Earlier this month, Ameranth Inc. filed a Petition for a Writ of Certiorari to the U.S. Supreme Court requesting review of the U.S. Court of Appeals for the Federal Circuit's (CAFC's) decision affirming a district court ruling that Ameranth’s patent was ineligible under 35 U.S.C. § 101. Ameranth claims that “federal courts have declared thousands of new and useful inventions abstract and patent ineligible” based on SCOTUS’s decision in Alice Corp Pty. v.
JD Supra Law
MARCH 22, 2022
On March 19, 2022, the parties in the Amgen Inc. v. Hospira Inc. (D. Del., No. 20-201) NEULASTA®/pegfilgrastim litigation submitted a stipulation to dismiss all claims and counterclaims in the litigation with prejudice. The Court (Judge Connolly) entered the order of dismissal on Monday.
Patent Trademark Blog
MARCH 22, 2022
How can an Amazon seller benefit from design patents? IP simply cannot be ignored when you’re selling on Amazon. A common misconception is that IP is not a factor when low-tech or no-tech products are involved. Don’t fall into that trap. Those who tend to ignore IP are the ones caught off guard when, for example, a patent owner blocks them from selling a competing product on Amazon.
IP Law 360
MARCH 22, 2022
The U.S. Patent and Trademark Office said Tuesday that it has officially broken all engagement with various equivalent agencies in Russia and warned applicants that even paying the Russian patent office to conduct prior art searches "may prevent successful processing of international applications.
Likelihood of Confusion
MARCH 22, 2022
Way back when the Google Books issue first burst forth, I expressed considerable skepticism that their plan to scan the universe of books and put it on line could be. The post The Google exception? appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
MARCH 22, 2022
A New York federal judge has shot down dueling bids for victory from Newsweek and a Los Angeles photographer in a copyright dispute over embedded Instagram posts, as the case heads closer to trial.
JD Supra Law
MARCH 22, 2022
Is your trademark registered? Should you register it? Why should you register it? What do you have to do? What does the process look like? Can you do it yourself or do you need to hire an attorney? These are just a few of the questions that business owners are faced with when considering whether and how to register their valuable trademarks.
IP Law 360
MARCH 22, 2022
The Federal Circuit ruled Tuesday that a patent-holding company's promise in a press release to remain "undeterred" in its litigation activity suggested that Twitter's lawyers have every right to challenge another of the company's latest call-routing patents, even if they have not been asserted against the social media giant just yet.
JD Supra Law
MARCH 22, 2022
BASF Plant Sci., LP v. Commonw. Scientific and Indus. Research Org., Appeal Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. Mar. 15, 2022) - Our Case of the Week, an appeal from the U.S. District Court for the Eastern District of Virginia, has something for everyone: questions of venue and statutory interpretation, invalidity and written descriptions, contracts and co-ownership of patents, and willfulness, injunctions, and royalty rates.
LexBlog IP
MARCH 22, 2022
By: Qingrong Ruan. The Supreme Court decided to grant certiorari to the case ZF Automotive US, Inc. v. Luxshare, Ltd. , and the parties will argue in front of the Court tomorrow, March 23. The issue is whether 28 U.S.C. § 1782(a) applies to private commercial arbitral tribunals. The statute gives litigants the right to ask district courts to assist them in gathering evidence for use in “a foreign or international tribunal.” To invoke § 1782(a), an applicant must meet the th
IP Law 360
MARCH 22, 2022
The NFL and online sports apparel retailer Fanatics were hit Tuesday with a proposed antitrust class action in New York federal court alleging that the league and its teams conspired with Fanatics to dominate the market for licensed merchandise, with the suit coming just days after two similar lawsuits in California were dropped.
LexBlog IP
MARCH 22, 2022
On March 19, 2022, the parties in the Amgen Inc. v. Hospira Inc. (D. Del., No. 20-201) NEULASTA®/pegfilgrastim litigation submitted a stipulation to dismiss all claims and counterclaims in the litigation with prejudice. The Court (Judge Connolly) entered the order of dismissal on Monday. The case has been pending since February 2020. Hospira Inc.’s NEULASTA® biosimilar, NYVEPRIA®, was approved by the FDA on June 10, 2020.
IP Law 360
MARCH 22, 2022
An attorney for Kirsch Research and Development compared its roofing underlayment patent to a classic American sandwich Tuesday in an effort to persuade the Patent Trial and Appeal Board that rival GAF Materials LLC's challenge to the patent lacks merit.
JD Supra Law
MARCH 22, 2022
On January 27, 2022, 24 member states were formally notified by the EU Commission for failing to adopt the Directive (EU) 2019/1937—the EU Whistleblower Protection Directive (Directive). Then, on February 9, 2022, Portugal and Sweden also received formal notice letters because of the delayed entry into force of the provisions incorporating the Directive into national law.
IP Law 360
MARCH 22, 2022
A Florida federal judge granted a scrap metal recycler's request to stop a former employee from trying to promote an app at an industry convention, finding it likely the recycler could prove the employee had taken trade secret and proprietary information.
JD Supra Law
MARCH 22, 2022
Ordered To Agree: Binding Settlement Agreement Provision Found Despite Absence of Singular, Executed Agreement - In Plasmacam, Inc. v. Cncelectronics, LLC Appeal No. 21-1689, the Federal Circuit held that an agreement on the meaning of a term in settlement negotiations may create a binding, enforceable agreement as to that term, despite the absence of a finalized settlement agreement as to all terms.
Biswajit Sarkar Copyright Blog
MARCH 22, 2022
The visual, acoustic, and other performances are an important part of the daily routine. Actors, singers, musicians, and dancers all play a significant role in the creative process. The performers are the ones who act as catalysts for delivering the work’s original material. Because they are such an important part of the media industry, these artists have been granted special rights to preserve their original and creative work.
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