Hugh Stephens Blog

MAY 5, 2023

On Thursday, April 27, Bill C-11, the Online Streaming Act, finally made it over the finish line after almost three long years extending over two Parliaments. The Canadian Senate voted to adopt the bill as returned to it by the House of Commons after the Commons accepted some Senate amendments but rejected others. Thus, the … Continue reading "Canada’s Online Streaming Act (Bill C-11) is Now Law: What Happens Next?

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Michael Geist

MAY 5, 2023

The Liberal Party policy convention is underway in Ottawa with delegates preparing to debate a series of policy proposals that could ultimately make their way into their national election platforms. Party members voted on the top 20 proposals for discussion and included one involving the media and online information that seems obviously unconstitutional and a direct threat to a freedom of the press.

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TorrentFreak

MAY 5, 2023

By providing free access to millions of books, Z-Library became the go-to site for many readers in recent years. Z-Library’s very existence was put to the test last November when U.S. law enforcement agencies seized over 200 domain names connected to the site. Two alleged Z-Library operators from Russia were arrested in Argentina as part of a criminal investigation.

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The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria. Facts In 1996, a film producer, Zeb Ejiro produced a movie titled ‘ Domitila ’ based on a screenplay which he also authored.

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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

TorrentFreak

MAY 5, 2023

When the global music industry declared YouTube-ripping platforms public enemy number one and responsible for most music piracy online, the stage was set for legal showdowns. Stream-ripping platform Yout took the initiative in 2020 by suing the RIAA, hoping that the court would declare its service non-infringing. The battle to convince the judge centered on YouTube’s ‘rolling cypher’ and whether it should (or should not) be considered a Technological Protection Measure (TPM).

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JD Supra Law

MAY 5, 2023

Today the Federal Circuit affirmed the December 27, 2022 judgement issued by Judge Stanley R. Chesler of the District of New Jersey in favor of Takeda Pharmaceuticals, protecting Takeda’s patented Vyvanse® product from generic competition. Judge Chesler found that 14 asserted claims from 9 patents covering Vyvanse® are not invalid and infringed by Norwich Pharmaceuticals.

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Patent 98

JD Supra Law

MAY 5, 2023

In Sequoia Technology, LLC v. Dell, Inc., [2021-2263, 2021-2264, 2021-2265, 2021-2266] (April 12, 2022), the Federal Circuit disagreed with the district court’s claim construction for “computer-readable recording medium,” and thus reverses the district court’s ineligibility determination under 35 U.S.C. § 101. In addition, the Federal Circuit agreed with the district court’s claim construction for “disk partition” and “logical volume,” and thus affirmed the district court’s noninfringement.

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IP Law 360

MAY 5, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, British heavy metal band Iron Maiden is trying to block a request to register the term "Maiden Wear" as a trademark for corsets and lingerie — plus three other cases you need to know.

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JD Supra Law

MAY 5, 2023

With the recent viral AI-created song that replicated Drake and The Weeknd’s vocals, questions continue to mount around the use of generative AI in the production of copyrighted works like music. The latest generative AI can now simulate an artist’s voice, lyrical tempo and style, allowing the creation of tracks that are virtually indistinguishable from the genuine artist.

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IP Law 360

MAY 5, 2023

The Recording Industry Association of America told the Second Circuit not to upset a lower court decision axing a suit from a website that allows users to download music from YouTube, arguing that the site uses technology prohibited by federal copyright law.

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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

JD Supra Law

MAY 5, 2023

If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. But as with all advertising, certain rules apply. One does not simply meme without knowing the law.

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IP Law 360

MAY 5, 2023

While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

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JD Supra Law

MAY 5, 2023

Bill C-47, entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023,” had its first reading in the House of Commons on April 20, 2023. This omnibus bill includes proposed amendments to the Patent Act required for Canada to comply with its international obligations concerning patent term adjustment.

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IP Law 360

MAY 5, 2023

As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

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JD Supra Law

MAY 5, 2023

Under 35 U.S.C. § 315(e)(2), a patent challenger in an inter partes review (IPR) that reaches a final written decision is estopped from arguing in a district court or the ITC that the challenged patent is invalid based on grounds that were “raised or reasonably could have been raised” in the IPR. In Ironburg Inventions Ltd. v. Valve Corp., the Federal Circuit clarified two aspects of IPR estoppel, holding that (1) an IPR petition reasonably could have raised any grounds that “a skilled searcher.

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IP Law 360

MAY 5, 2023

Having a daughter isn't enough legal standing for a Suffolk University law professor to fight the registration of "Rapunzel" as a trademark, a reversal from the Trademark Trial and Appeal Board that came about as a result of an unrelated landmark U.S. Supreme Court decision over "immoral and scandalous" trademarks.

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IP Tech Blog

MAY 5, 2023

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”).

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IP Law 360

MAY 5, 2023

A California federal judge on Friday declined to further trim an artist's proposed class action claiming Meta Platforms Inc. fostered an "epidemic" of intellectual property infringement on its site, ruling that the artist has plausibly alleged that the purportedly counterfeit sales could cause consumer confusion.

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IP Watchdog

MAY 5, 2023

This week in Other Barks & Bites: Vanda Pharmaceutical sues the U.S. government over trade secrets; the CAFC vacates a PTAB decision on objective indicia of nonobviousness; Ed Sheeran wins his copyright battle with the heirs of “Let’s Get It On” songwriter; and Supreme Court Justice Clarence Thomas’s close financial ties with billionaire Harlan Crowe remain under microscope.

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IP Law 360

MAY 5, 2023

A pair of Holland & Knight LLP intellectual property partners have joined Bradley Arant Bould Cummings LLP's office in Nashville, and Brown Rudnick LLP has brought on a former Paul Hastings LLP patent litigator with substantial experience in the pharmaceutical industry. Here are the details on these and other notable hires.

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LexBlog IP

MAY 5, 2023

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”).

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IP Law 360

MAY 5, 2023

The past week in London has seen the Premier League’s football charity kick off legal proceedings against four major banks, U.K. film studio Tyburn Films launch a major movie production battle involving Lucasfilms and Disney, and aircraft lessor Carlyle make another bid to recover losses from aircraft grounded in Russia. Here, Law360 looks at these and other new claims in the U.K.

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JD Supra Law

MAY 5, 2023

On January 5, 2023, the President signed into law the Protecting American Intellectual Property Act of 2022 ("PAIP" or "Act"), which requires the President to impose a range of sanctions on any foreign person that the President identifies in required periodic reports to Congress as having knowingly engaged in or benefited from significant theft of trade secrets of U.S. persons if the theft (i) "is reasonably likely to result in, or has materially contributed to, a significant threat to the.

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IP Law 360

MAY 5, 2023

The Federal Circuit on Friday upheld a trio of Patent Trial and Appeal Board decisions where Cisco and Google persuaded it to invalidate claims of Uniloc 2017 LLC patents tied to conference calls and notifying customers about remote access requests.

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JD Supra Law

MAY 5, 2023

HIP, INC v. HORMEL FOODS CORPORATION - Before Lourie, Clevenger, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: To prove a claim of joint inventorship, an party must prove that the individual contributed in a significant manner, that the claimed contribution was not insignificant in quality when measured against the full invention, and that the individual did more than explain known concepts.

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IP Law 360

MAY 5, 2023

A Federal Circuit panel on Friday pushed back on a patent owner's argument that a video compression patent it asserted against Dish Network's Sling TV streaming service was wrongly invalidated for claiming an abstract idea, with one judge saying similar patents "rarely" survive.

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Patent 74

Nelligan Law

MAY 5, 2023

Reading Time: < 1 minutes Tickets are now available for this year’s Great Canadian Theatre Lawyer Play, the Visit , running from May 1st to June 3rd! Once again the legal community in Ottawa is coming together for a good cause for this year’s Great Canadian Theatre Lawyer Play. It’s set to be a night of entertainment, community, and philanthropy.

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IP Law 360

MAY 5, 2023

Peloton Interactive Inc. on Friday said it has agreed to pay a Dish Network subsidiary $75 million for a patent license, a month after the U.S. International Trade Commission voted to ban its workout device imports.

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Licensing Patent 74

Legal Zoom

MAY 5, 2023

USPS Informed Delivery, a no-cost, opt-in U.S. Postal Service service, gives customers the ability to preview incoming mail electronically before it arrives at their mailbox. Users receive an email notification with a preview of some of their letter-sized mail. Those previews aren't always accurate and don't allow you to do anything but get a glimpse at what's arriving.

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IP Law 360

MAY 5, 2023

The promotion company that's suing a Tennessee bar for airing an unlicensed broadcast of a massive pay-per-view fight between Floyd Mayweather Jr. and Conor McGregor is urging the U.S. Supreme Court to stay out of it.

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LexBlog IP

MAY 5, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill blog. Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the heels of Elon Musk requesting a “pause” in AI development and meeting with Senator Chuck Schumer to guide the statutory framework of AI management.

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Olartemoure Blog

MAY 5, 2023

The Ministry of Health has released two preliminary regulations for Article 72 of Law 1753 of 2015 (PND), which was partially regulated five years ago through Decrees 433 and 710 of 2018. Feedback on the initial Draft Circular, which establishes the methodology for pricing new drugs, and the Draft Resolution, which regulates the terms and conditions for pricing new drugs, will be accepted until May 8, 2023 (COT 5:00 pm) via the following links: Circular, resolution, first link , and second link.

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JD Supra Law

MAY 5, 2023

The life science industry is a significant contributor to the global market, with companies developing and manufacturing a wide range of medical products and devices. However, due to the complex and highly regulated processes that companies must follow, a significant volume of data is generated, which needs to be correctly managed and stored.

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Olartemoure Blog

MAY 5, 2023

The Ministry of Information and Communications Technologies has published a draft resolution to modify the guaranteed regime for the use of the electromagnetic spectrum. The new regulation aims to minimize the risk of non-compliance in payment of economic considerations for the use of the radio spectrum. Additionally, it seeks to ensure that the assignees of the permits comply with their obligations, while increasing the efficiency and effectiveness of guarantees for network and telecommunicatio

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JD Supra Law

MAY 5, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. (This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company”.

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