Mon.Jan 10, 2022

Will the Content Tail Wag the Wireless Dog? The Rogers/Shaw Merger in Canada?

Hugh Stephens Blog

Nowadays it is not uncommon for major telecommunications companies (telcos) to provide infrastructure in the form of wireless, wireline and fibre optic, cable and satellite connectivity while also directly controlling some of the content distributed via this infrastructure.

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PrimeWire: Hollywood & Netflix Win Court Injunction to Disable Site Domains

TorrentFreak

While there are a handful of other contenders, PrimeWire is one of the most enduring pirate streaming portals on the internet today. In various forms, including under the 1channel branding , the site has been in operation for perhaps eight years.

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Federal Circuit Dataset & Stats: 2021 Update

Patently-O

By Jason Rantanen. Happy 2022! As I’ve done for the last few years, below I provide some statistics on what the Federal Circuit has been doing over the past year.

4 AI Trends We’ll See in 2022

IP.com

AI is a rapidly changing technology with the potential to impact both business and everyday life. In 2022, AI will continue to advance. Algorithms will be based on larger data. The post 4 AI Trends We’ll See in 2022 appeared first on IP.com - IP Innovation and Analytics. Artificial Intelligence

Protecting Your Business Against Copycat Websites and Cybersquatters

JD Supra Law

Cybersquatting or domain squatting is registering, trafficking in, or using an internet domain name in bad faith with the intent to profit from another person’s trademark or business. The domain name needs to be confusingly similar to a business or trademark. By: Whitcomb Selinsky, PC

Amicus in support of cert in Andy Warhol Foundation v. Goldsmith

43(B)log

On behalf of a number of IP professors, here. link]. copyright my writings

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Top Stories of 2021: #7 to #9

JD Supra Law

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories.

More Trending

India introduces amendments to biodiversity laws: What this means for business

JD Supra Law

On December 16, 2021, India proposed amendments to the Biological Diversity Act of 2002 (the Act) by introducing the Biological Diversity (Amendment) Bill, 2021 (Bill).

Copyright of Software API

Patently-O

This week, the Federal Circuit is hearing oral arguments in an important software copyright case, SAS Institute, Inc. World Programming Ltd., Docket No. 21-1542. The SAS is an important follow-on to the Supreme Court’s 2021 decision in Google v. Oracle , 141 S. 1183 (2021). In Google , the Supreme Court sided with the accused infringer on fair use grounds, but did not decide the broader issue of whether Oracle’s API naming convention was copyrightable.

Federal Circuit Ruling Reinforces Importance of Documenting Inventions Pre-Collaboration

JD Supra Law

The US Court of Appeals for the Federal Circuit recently reversed an appeal of a decision granting summary judgment that an invention was reduced to practice during the term of a cooperative research and development agreement thereby granting the government a license to use the invention.

France to push design, GI, UPC, and safe harbours reform as president of the Council of the EU

The IPKat

On January 1, France took over the Presidency of the Council of the European Union. As the current president, France is responsible for the functioning of the Council of the EU.

PTAB Emphasizes Expert Availability and Clarifies Fintiv Inquiry for Prior District Court Cases

JD Supra Law

The US Patent Trial and Appeal Board on December 23, 2021, instituted an inter partes review even though an unrelated party had already unsuccessfully challenged the validity of the patent in district court.

Federal Circuit Will Soon Hear Case that Threatens the Statutory Presumption Afforded Copyright Registration

IP Watchdog

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) will hear oral argument in SAS Institute, Inc. World Programming, Ltd., a copyright infringement suit with far-reaching consequences for American creativity.

Talks At Google: Professor Michael Geist – Talks at Google 

Michael Geist

I visited Google in London, UK to present at Talks at Google on June 2, 2008 as part of the Affairs of interest/ Policy Talks at Google. There, I discussed Digital Advocacy in developed and developing countries. . The link to the video can be found here.

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Amici for Apple Tell SCOTUS Federal Circuit’s Article III Standing Ruling Violates Precedent, Upsets Congressional Intent in Enacting AIA Trials

IP Watchdog

In mid-November, consumer tech giant Apple filed a petition for writ of certiorari asking the U.S. Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

E.D. Va. District Court Upholds TTAB Decision Finding "GRUYERE" Generic for Cheese

The TTABlog

In a convincing opinion, the United States District Court for the Eastern District of Virginia has upheld the Board's decision [ TTABlogged here ] finding the term GRUYERE to be generic for cheese, and thus unregistrable as a certification mark.

“USPTO Publishes Notice of New Trademark Administrative Sanctions Process”

JD Supra Law

Introduction - On January 5, 2022, the United States Patent & Trademark Office (the “USPTO”) published a Notice to the Federal Register detailing a new administrative process established by the Commissioner of Trademarks to investigate improper submissions filed with the USPTO in trademark matters.1

Online Learning Service Denies Copyright Infringement Claims

BYU Copyright Blog

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

The Sentencing Guidelines and Intellectual Property Crimes

JD Supra Law

Most intellectual property offenses are calculated and sentenced under U.S.S.G. Sections 2B5.3 and 2B1.1. Section 2B5.3 covers most intellectual property offenses, including copyright, trademark, counterfeit, bootleg, camcording, and the unauthorized use of satellite, radio, and cable Communications.

The Tiffany trial

Likelihood of Confusion

Sharmil McKee has the latest on the Tiffany v. eBay trial: The closing arguments concluded on Tuesday, 11/20 after a week-long bench trial. The judge ordered the attorneys to submit. The post The Tiffany trial appeared first on LIKELIHOOD OF CONFUSION™. LIKELIHOOD OF CONFUSION

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Patent Case Summaries - December 2021 #3

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. By: Alston & Bird

Considering Novelty and Usefulness when Patenting Biotechnology

IP.com

Biotechnology Innovation Organization, the industry’s trade organization, keeps its definition of biotechnology simple: “Technology based on biology.” The field encompasses life-changing and life-saving technologies, from detecting and combating disease to.

Judge Noreika Grants Defendant’s Post-Trial Renewed Motion for Judgment as a Matter of Law Reversing the Jury’s Finding of Liability for False Advertising under the Lanham Act and Award of Punitive Damages Against Defendant

JD Supra Law

By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. Next Caller, Inc., Civil Action No. 18-172-MN (D.Del.

Sharing Muslim American Stories

Velocity of Content

Hosted by Shahjehan Khan , the King of the World podcast recounts his journey through addiction, identity, creativity, and what it means to belong as a Muslim in America in the 20 years after 9/11.

A Beginner’s Guide to Patenting Software and AI

IPilogue

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice.

Music Rights, Radio Station Groups Settle Licensing Fee Row

IP Law 360

Global Music Rights LLC and Radio Music License Committee Inc. say they've settled the more than five-year-old rival antitrust suits over the music licensing fees that RMLC's 10,000 radio station members pay GMR musicians

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VGBA 2020-2021 IP Year in Review

CoCal IP Law Institute

On Monday, January 10, 2022 at 1:00 pm, Jonathan Pearce will re-present a recent presentation to the Video Game Bar Association made by himself and fellow practitioner Allison Rothman. Mr. Pearce and Ms. Rothman previously made this presentation during the VGBA's annual summit to provide its members with an update on the state of intellectual property [.]. Copyright Patent Trademark IPR patent trademark VGBA video game bar association Atari apex legends redbubble

Justices Seek SG's View On Fed. Circ. Undoing Winch Verdict

IP Law 360

The U.S. Supreme Court on Monday asked the government for its take on a Federal Circuit ruling that axed an engineer's ??$1.8 million jury win against a theatrical winch-maker in a fight over how much power appellate judges have to define the terms of a patent after a verdict

Arbitration vs. Litigation vs. Mechanic's Liens

GDB Firm Blog

Mechanic's liens have often been forced to live in two worlds: litigation and arbitration. The liens are a creature of statute (New York Lien Law) which provides that they must be enforced through a lien foreclosure action in court. But many contracts call for disputes to be adjudicated exclusively in arbitration. There is nothing in an arbitration clause which precludes the filing of a lien. But once filed, how is a contractor to proceed

What Retailers Selling NFTs Must Know About Legal Regimes

IP Law 360

Alan Cohn and Evan Abrams at Steptoe & Johnson provide an overview of legal regimes that can present challenges for retailers entering the popular nonfungible token sector, and discuss how to determine which of these systems are likely to apply to intended operations

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Colors as Trademarks, and more on False Trademark Declarations

CoCal IP Law Institute

On Monday, January 10, 2022 at 1:00 pm, Jonathan Pearce will re-present a recent presentation to the Video Game Bar Association made by himself and fellow practitioner Allison Rothman. Mr. Pearce and Ms. Rothman previously made this presentation during the VGBA's annual summit to provide its members with an update on the state of intellectual property [.]. Uncategorized Anti-SLAPP Antitrust

Artist Claims 'Walking Dead' Author Stole 'Invincible' Rights

IP Law 360

Robert Kirkman was hit with a suit in California federal court Sunday by an artist who claims the author of the "The Walking Dead" and other heralded comic books fraudulently induced his fellow co-creator out of rights to their shared comic book series "Invincible

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This Week in Washington IP: Votes Rescheduled for Stark and Vidal, Examining the Proposed COVID-19 TRIPS Waiver, and Impacts of Electric Vehicle Investments

IP Watchdog

This week in Washington IP news, following a cancellation last week, the Senate Judiciary Committee will vote this week on a series of nominations from the Biden Administrations to fill vacancies at both the Federal Circuit and the U.S. Patent and Trademark Office.

Once Again, the ITC Finishes the Year with a Flurry of New Complaints

IP Tech Blog

In January 2021, I noted that the U.S. International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. See here.

Illinois Law Does Not Allow Conversion Based Upon Intangible Assets

Chicago IP

Got Docs, LLC v. Kingbridge Holdings, Inc. , 19 C 6155, Slip Op. 7, 2021) (Guzman, J.). Judge Guzman granted defendant Kingbridge’s Fed. 12(b)(6) motion to dismiss plaintiffs’ conversion and civil conspiracy claims, and denied plaintiffs’ Fed.

Panasonic closes patent transactions with major LED and OLED players

IAM Magazine

Lighting firm Signify and panel-maker Samsung Display each acquired portfolios from one of Japan’s leading IP dealmakers last month. Analysis In-house operations Patents Transactions

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Introducing Andrew Factor

LexBlog IP

Andrew joins OG+S fresh out of law school with a background in working with clients in the entrepreneurial business and intellectual property spaces.