Patently-O

JULY 16, 2021

by Dennis Crouch. BOT M8 v. Sony ( Fed. Cir. 2021 ). Pleading Standards : The starting point of a civil lawsuit is the filing of the complaint that makes a claim for relief. FRCP 3. In order to properly state a claim, the rules require “a short and plain statement of the claim showing that the pleader is entitled to relief.” FRCP 8. For many years, the rules included an Appendix of Form Complaints deemed legally sufficient to satisfy R. 8.

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JD Supra Law

JULY 16, 2021

Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college athletes. This was, of course, to be expected with the NCAA acting with last minute haste (rather than methodical planning) coupled with the euphoria of athletes who could finally make endorsement money without losing NCAA eligibility.

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Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices.

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IPilogue

JULY 16, 2021

Photo Credit: Michael Jakubowski ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . Facial recognition technology (FRT) is an increasingly popular and controversial tool used by public authorities and commercial institutions. FRT increases surveillance methods for investigative or security work.

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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

Intepat

JULY 16, 2021

On February 9, 2021, the Ministry of Commerce and Industry (MCI) released a Notification regarding the Drafts Patent (Amendment) Rule 2021. The abovementioned regulations will take effect on the date of publication and seek to update the Patent Rules 2003. Amendments to the draft guidelines for 2021 are primarily aimed at providing “eligible educational institutions” (both Indian and international applicants) with fee incentives and an option to expedite the examination procedure before the Indi

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IPilogue

JULY 16, 2021

Elle at the Zvelle factory located in Italy. Photo Credits: Zvelle. Eloise Somera is a 3L JD Candidate at Osgoode Hall Law School. . Alessia Monastero is an Associate Lawyer at Bhole IP Law and a Deputy Editor for the IPilogue. . On April 19, 2021, Canada’s Minister of Finance Chrystia Freeland donned a new pair of shoes to announce the annual federal budget, as per tradition, this time from the Toronto-based artisanal shoe company Zvelle.

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Delaware Intellectual Property Litigation Blog

JULY 16, 2021

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc. , Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents. In support of its motion, Defendant argued that (1) Plaintiff’s expert tests are not relevant to the question of infringement because the tests on which the op

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Velocity of Content

JULY 16, 2021

According to data released by NPD Bookscan, the book business’s strong performance from 2020 has continued into 2021. Unit sales jumped 18.5% in the first six months over the comparable period in 2020, reports Andrew Albanese , Publishers Weekly senior writer. Notably, backlist sales for titles published more than a year ago enjoyed the strongest gains, rising 21.4%.

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IP Tech Blog

JULY 16, 2021

Ensuring lower international roaming charges continues to be a key policy priority for the EU, even at a time when non-essential travel is discouraged. The European Commission has in fact proposed that a new regulation will prolong the current EU roaming rules that are due to expire in 2022 (including, among other instruments, the Roaming Regulation (EU) 531/2012), for another 10 years.

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JD Supra Law

JULY 16, 2021

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided service to at least one viewer outside the station’s local service area during 2020. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board.

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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

Kluwer Copyright Blog

JULY 16, 2021

Photo by Bank Phrom on Unsplash. The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. In Part I of this blog post I described the draft changes to the Polish copyright law.

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JD Supra Law

JULY 16, 2021

Earlier this month, the National Academy of Inventors (NAI) and the Intellectual Property Owners Association (IPO) published their annual list of the top 100 worldwide universities that received the most U.S. utility patents during the 2020 calendar year. The NAI is a member organization comprising U.S. and international universities, and governmental and non-profit research institutions, with over 4,000 individual inventor members and Fellows spanning more than 250 institutions.

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LexBlog IP

JULY 16, 2021

Recently, the Federal Trade Commission (“FTC”) issued a new rule to prevent “Made in USA” labels from being used fraudulently. This new rule codifies the FTC’s policy which requires products which are labeled as “Made in USA”, to be supported by proof that all or virtually all of the product is made in the United States.

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JD Supra Law

JULY 16, 2021

As the Federal Circuit made clear a few years ago in Nalco Co. v. Chem-Mod, LLC, a plaintiff “need not ‘prove its case at the pleading stage.’” The Federal Rules of Civil Procedure do not require a plaintiff to plead facts establishing that each element of an asserted claim is met. Indeed, the Federal Circuit previously explained in Disc Disease Sols.

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Above the Fold

JULY 16, 2021

Recently, the Federal Trade Commission (“FTC”) issued a new rule to prevent “Made in USA” labels from being used fraudulently. This new rule codifies the FTC’s policy which requires products which are labeled as “Made in USA”, to be supported by proof that all or virtually all of the product is made in the United States. Additionally, the product must be made from materials which are sourced from U.S. manufacturers.

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JD Supra Law

JULY 16, 2021

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about Google copying into its Android platform several thousand lines of Oracle’s Java Application Programming Interface (API) software code, which the Supreme Court found constituted fair use.

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LexBlog IP

JULY 16, 2021

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc. , Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents.

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Copying Patent Intellectual Property 52

JD Supra Law

JULY 16, 2021

On July 13, in Bot M8 LLC v. Sony Corporation of America, the Federal Circuit reaffirmed the pleading standards for patent owners. A complaint does not need to set forth facts proving infringement; instead it is sufficient if it puts the alleged infringer on notice of what activity is accused of infringement. Notably, this does not require an element-by-element pleading of infringement.

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LexBlog IP

JULY 16, 2021

On Monday, July 19, 2021, Houston partner Jesse Coleman and Boston partner Erik Weibust are presenting a webinar entitled “Available Remedies in Trade Secret and Restrictive Covenant Cases” for LawPracticeCLE at 2 p.m. Eastern. It will also be available on demand. Course Description. When a current or former employee or business partner misappropriates trade secrets or breaches a restrictive covenant agreement, such as a noncompetition, non-solicitation, or nondisclosure agreement, t

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JD Supra Law

JULY 16, 2021

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Joel Bush covers the second part of his best practices for trade secret protection—exit interviews.

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Indiana Intellectual Property Law

JULY 16, 2021

Indianapolis, Indiana – Apparently, ABI Attachments, Inc. (“ABI”), the Plaintiff entered into a Product Lines Purchase Agreement with Defendants, Kiser Arena Specialists, Inc., (“KAS”) Robert D. Kiser, Individually and as Trustee of The Kiser Family Trust, and James Kiser (collectively, the “Defendants”). Under the Agreement , ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S.

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Likelihood of Confusion

JULY 16, 2021

Marty Schwimmer prints an excerpt from this story, about a guy who wants to buy a domain name to start up a new business, but can’t afford the $1000 for. The post Petty taxes appeared first on LIKELIHOOD OF CONFUSION™.

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Trading Secrets

JULY 16, 2021

On Monday, July 19, 2021, Houston partner Jesse Coleman and Boston partner Erik Weibust are presenting a webinar entitled “Available Remedies in Trade Secret and Restrictive Covenant Cases” for LawPracticeCLE at 2 p.m. Eastern. It will also be available on demand. Course Description. When a current or former employee or business partner misappropriates trade secrets or breaches a restrictive covenant agreement, such as a noncompetition, non-solicitation, or nondisclosure agreement, the aggrieved

Confidentiality 52

Confidentiality Business Law 52

JD Supra Law

JULY 16, 2021

In this week's episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced "mischief"). In Nike Inc. v MSCHF Product Studio, Inc., Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.

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LexBlog IP

JULY 16, 2021

The finalized EDPB Guidelines on the concepts of controller and processor (07/2020) in the GDPR were published this week. The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. We have set out some key highlights of the Guidelines below.

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The IPKat

JULY 16, 2021

Readers may remember that, back in September 2020, the CJEU considered whether there was a likelihood of confusion where a mark being filed for registration was that of MESSI, renowned football player that everyone has heard of in one context or another (the existing mark upon which opposition was based which was ‘MASSI’). This case ( joined cases C-449/18 P and C-474/18 P ) reaffirmed a significant clarification of trade mark law set out by the earlier EU General Court decision - namely, that v

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JD Supra Law

JULY 16, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. v. Prometheus Labs., Ass’n for Molecular Pathology v. Myriad, and Alice Corp. v. CLS Bank Int’l, which involve the limits on patent eligibility under 35 U.S.C. § 101. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.”.

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LexBlog IP

JULY 16, 2021

Ensuring lower international roaming charges continues to be a key policy priority for the EU, even at a time when non-essential travel is discouraged. The European Commission has in fact proposed that a new regulation will prolong the current EU roaming rules that are due to expire in 2022 (including, among other instruments, the Roaming Regulation (EU) 531/2012), for another 10 years.

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JD Supra Law

JULY 16, 2021

On July 9, 2021, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register on behalf of Senators Tillis, Hirono, Cotton, and Coons seeking public input for a patent eligibility study. The study focuses on the current state of patent eligibility case law in the United States, and how it affects investment and innovation in fields like quantum computing, artificial intelligence, precision medicine, diagnostic methods, and pharmaceutical treatments.

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IAM Magazine

JULY 16, 2021

The auto industry could find that taking advantage of Avanci’s collective model while forging a bilateral arrangement with the Chinese giant is a potent combination.

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Managing IP

JULY 16, 2021

As the EUIPO prepares to consider whether ‘Iceland’ should be a trademark, counsel discuss the pros and cons of location-named brands

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The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. The Board concluded that petitioner Equinix failed to establish a prima facie case of abandonment. Respondent did not submit any testimony or evidence and did not file a brief.

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Managing IP

JULY 16, 2021

Sources at a research hospital, Novartis, IBM and elsewhere say the USPTO’s move is encouraging and could force tech to ‘compromise or else’

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IAM Magazine

JULY 16, 2021

Q2 results and overall trading outlook underline the importance of patent royalty revenues for the Swedish company.

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Licensing IP Patent Marketing 52

SpicyIP

JULY 16, 2021

We’re pleased to inform you that The IP Press Law Review is inviting submissions for its inaugural issue. The deadline for submissions is September 19, 2021. For further details, please see the journal’s call for submissions below: Call for Submissions | The IP Press Law Review [Vol. I, Issue I]. About The IP Press . The IP Press is a team of IP-Holics, who started this blog to ensure access to the latest intellectual property (IP) issues for all the IP hopefuls.

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