Hugh Stephens Blog

JANUARY 10, 2022

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. Think AT&T/Warner Media, NBC Comcast, Sky (owned by Comcast) and, in Canada, Bell Canada and Rogers Communications. … Continue reading "Will the Content Tail Wag the Wireless Dog?

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TorrentFreak

JANUARY 10, 2022

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. In common with many similar sites, PrimeWire has had its fair share of anti-piracy problems over the years.

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The IPKat

JANUARY 10, 2022

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. Among its responsibilities, France will determine the Council’s agenda in discussing the Commission’s draft acts and set priorities in EU policy-making. In that connection, France has recently published its programme for the Presidency [available here in English], which includes several actions on intellectual property.

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TorrentFreak

JANUARY 10, 2022

Downloading audio and video is prohibited by YouTube’s terms of service but there are numerous ‘stream-ripping’ sites available on the web that do just that. These services are a thorn in the side of music industry outfits, who see them as a major piracy threat. The operators and users of the stream-ripping tools disagree and point out that there are legal uses as well.

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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

IP Watchdog

JANUARY 10, 2022

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) will hear oral argument in SAS Institute, Inc. v. World Programming, Ltd., a copyright infringement suit with far-reaching consequences for American creativity. SAS is a North Carolina-based software company, well known for its highly successful analytics software. World Programming, Ltd (WPL) is a British software company that, by its own admission, set out to “clone” SAS’s creative and popular software.

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IP.com

JANUARY 10, 2022

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.

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IP Watchdog

JANUARY 10, 2022

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. In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Pate

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JD Supra Law

JANUARY 10, 2022

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.

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BYU Copyright Blog

JANUARY 10, 2022

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. Course Hero has now filed its answer and denies many of Post University's allegations.Course Hero asserts numerous affirmative defenses against Post University, including failure to state a claim, fair use, and safe harbor pro

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JD Supra Law

JANUARY 10, 2022

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. Today, we count down stories #9 to #7, and later this week we will count down the top six stories of 2021.

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Patent 102

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

Patently-O

JANUARY 10, 2022

This week, the Federal Circuit is hearing oral arguments in an important software copyright case, SAS Institute, Inc. v. 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. Ct. 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.

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JD Supra Law

JANUARY 10, 2022

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. The outcome of this case highlights the importance of documenting existing inventions before entering into a development agreement.

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Invention Licensing Government 101

Michael Geist

JANUARY 10, 2022

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. The post Talks At Google: Professor Michael Geist – Talks at Google appeared first on Michael Geist.

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JD Supra Law

JANUARY 10, 2022

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). Among other things, the Act imposes an Access and Benefit Sharing (ABS) fee on companies that use biological resources in their operations.

Business 101

Business Law 101

IP Law 360

JANUARY 10, 2022

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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JD Supra Law

JANUARY 10, 2022

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. In the decision granting institution, the board found unpersuasive arguments that the case should be discretionarily denied based on declarations of experts who were not presently engaged in the proceeding and a prior unsuccessful invalidity challenge in the other litigation.

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The TTABlog

JANUARY 10, 2022

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. On the Dairy Export Council's motion for summary judgment, the court found that "the undisputed evidence produced by the parties in this case makes clear that the primary significance of the term GRUYERE, as understood by the relevant purchasing public i

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IP Law 360

JANUARY 10, 2022

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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Patently-O

JANUARY 10, 2022

Back in 2010, I wrote an article with Prof Rob Merges titled Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making. We suggested that patent examiners often lack capacity to judge metaphysical questions centered around abstractness and laws of nature. In addition, we noted that many eligibility questions substantially overlap with bread-and-butter patent doctrines such as obviousness, enablement, and indefiniteness.

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IP Law 360

JANUARY 10, 2022

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.

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Chicago IP

JANUARY 10, 2022

Got Docs, LLC v. Kingbridge Holdings, Inc. , No. 19 C 6155, Slip Op. (N.D. Ill. Oct. 7, 2021) (Guzman, J.). Judge Guzman granted defendant Kingbridge’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiffs’ conversion and civil conspiracy claims, and denied plaintiffs’ Fed. R. Civ. P. 12(c) motion for judgment on the pleadings as to certain of defendants’ counterclaims in this trade secret dispute.

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Law Contracts Ownership Government 59

IP Law 360

JANUARY 10, 2022

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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IP Tech Blog

JANUARY 10, 2022

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. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. Section 337 Investigations at the ITC.

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JD Supra Law

JANUARY 10, 2022

I. 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 The Notice details a procedure in which the USPTO will investigate suspicious filings, potentially impose sanctions on relevant individuals and entities, and ensure those sanction are reflecte

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43(B)log

JANUARY 10, 2022

On behalf of a number of IP professors, here. [link].

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JD Supra Law

JANUARY 10, 2022

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. Section 2B1.1 covers offenses involving the Economic Espionage Act (EEA).

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 10, 2022

Fish & Richardson announced today that Helen Baca, Ph.D. , has joined the Boston office as a principal in the firm’s life sciences group. “Helen brings more than a decade of experience as a top-flight adviser to the industry on patent and IP issues,” said John Adkisson , president and chief executive officer of Fish. “Drawing on her background as a senior in-house counsel and an academic in chemistry and biology, she excels at translating her knowledge of technical subject matter into meanin

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LexBlog IP

JANUARY 10, 2022

Andrew joins OG+S fresh out of law school with a background in working with clients in the entrepreneurial business and intellectual property spaces. He hopes to focus his work on IP matters, as well as being a passionate advocate for business clients with an entrepreneurial spirit and a passion for their community. Prior to law school, Andrew worked in entertainment and finance, with a particular interest in advancing the literary interests of diverse voices.

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JD Supra Law

JANUARY 10, 2022

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.

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LexBlog IP

JANUARY 10, 2022

VLSI Requests Open Sky Rehearing. PTAB discretionary practices under 314(a) have been the subject of significant controversy and unpredictability. Perhaps the most noteworthy example of the fallout from this practice has been the dispute between VLSI and Intel. When Intel challenged VLSI’s patents at the PTAB via IPR, due to the proximity of the Texas trial date, the IPRs were denied by the PTAB as a matter of 314(a) discretion.

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Likelihood of Confusion

JANUARY 10, 2022

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™.

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LexBlog IP

JANUARY 10, 2022

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. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. Section 337 Investigations at the ITC.

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IP.com

JANUARY 10, 2022

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. The post Considering Novelty and Usefulness when Patenting Biotechnology appeared first on IP.com - IP Innovation and Analytics.

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LexBlog IP

JANUARY 10, 2022

Much like an artist looking for a muse, I keep up with consumer protection developments and ponder – is this blog-worthy? Well, the other day, the Federal Trade Commission (FTC) announced the annual updates to its civil penalty numbers. I yawned and returned to the task at hand. My colleague Amy , however, wisely thought that it might be helpful for me to shed some light on FTC civil penalty actions and how penalties are assessed.

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JD Supra Law

JANUARY 10, 2022

By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. v. Next Caller, Inc., Civil Action No. 18-172-MN (D.Del. January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages.

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