Plagiarism Today
NOVEMBER 11, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Questions H&M’s Bid to Sew Up Copyright Win. First off today, Blake Brittain at Reuters reports that the U.S. Supreme Court heard arguments in the Unicolors v. H&M case, which asks questions about whether a mistake in filing a copyright registration should cause a copyright infringement case to be dismissed.
Erik K Pelton
NOVEMBER 11, 2021
A toast to our numerous clients in the beer industry that we love to work with and sample! The post Trademark protection: worthy of raising a glass to! appeared first on Erik M Pelton & Associates, PLLC.
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IP Watchdog
NOVEMBER 11, 2021
One recurring thorn in the side of copyright owners is Cloudflare, the San Francisco-based web performance, optimization, and security company. Cloudflare offers many services to its customers, including a content delivery network that utilizes hundreds of servers around the world to cache its customers’ content. When an end user requests content from one of Cloudflare’s customers, it is delivered to that user from the cached copy on the nearest Cloudflare server—not the customer’s own web host
SpicyIP
NOVEMBER 11, 2021
We are pleased to inform our readers that the Fourth IP & Innovation Researchers of Asia Conference will be held online from February 9-12 , 2022. The deadline for submission of the request to present a paper and the abstract is December 10, 2021. For further details, please read the post below: Fourth IP & Innovation Researchers of Asia Conference.
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
NOVEMBER 11, 2021
Most pirate sites and apps won’t survive without ad revenue. This is why the advertising industry is seen as an ally in the fight against piracy. Over the years, several ad-focused anti-piracy initiatives have emerged. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. WIPO’s Pirate Site Blocklist.
IPilogue
NOVEMBER 11, 2021
Photo by Prof. Pina D’Agostino. Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very fi
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
NOVEMBER 11, 2021
On November 8, the World Intellectual Property Organization (WIPO) released its World Intellectual Property Indicators 2021 report, the latest WIPO annual report to detail global IP filings across patents, trademarks and other forms of IP. As the key findings from the World IP Indicators report show, intellectual property filing activities, especially those related to trademarks, grew during 2020, showcasing a resilient global economy during the COVID-19 pandemic relative to other economic downt
JD Supra Law
NOVEMBER 11, 2021
Is the Patent Trial and Appeal Board (“Board”) constitutional? This was a question asked by Mobility Workx in Mobility Workx, LLC v. Unified Patents, LLC, 2021-1441, 2021 WL 4762265 (Fed. Cir. 2021). Mobility Workx raised this challenge on appeal from a decision by the Board finding that Mobility Workx’s patents were unpatentable as obvious. On appeal Mobility Workx argued, among other things, that the Board’s structure violated due process and the Appointments Clause.
IP.com
NOVEMBER 11, 2021
Remaining competitive within your industry requires almost constant monitoring of the intellectual property trends happening around you. There is a laundry list of questions you need answered: “What newly disclosed. The post Identifying Intellectual Property Trends with Patent Search appeared first on IP.com - IP Innovation and Analytics.
Velocity of Content
NOVEMBER 11, 2021
In the course of our work here at CCC, in order to keep ourselves and our clients and customers up-to-date and well-informed, we follow many of the most significant (and occasionally amusing) copyright & licensing news and opinions. What follows is a selection from the current batch. Final Rule Published in Eighth Triennial Section 1201 Proceeding.
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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.
JD Supra Law
NOVEMBER 11, 2021
On Oct. 28, 2021, the Solicitor General filed a brief in opposition to Apple’s petition for a writ of certiorari in Apple Inc. v. Optis Cellular Tech., LLC et al. (No. 21-118). The government argued that the Federal Circuit does not have jurisdiction over appeals of discretionary denials of inter partes review (IPR) pursuant to 35 U.S.C. § 314(d).
Managing IP
NOVEMBER 11, 2021
Counsel say rights owners will face many unique issues in the metaverse on top of existing problems with online IP enforcement, and must ramp up protection
JD Supra Law
NOVEMBER 11, 2021
It was another busy month at the ITC. A Final Determination was issued by the Commission in three Section 337 Investigations: Certain Laparoscopic Surgical Staplers, Reload Cartridges, and Components Thereof, Inv. No. 337-TA-1167 (finding violation of Section 337 and suspension of enforcement of the remedial orders pending final resolution of final written decision by the PTAB); Certain Foodservice Equipment and Components Thereof, Inv.
Likelihood of Confusion
NOVEMBER 11, 2021
What a great evening it was at Meet the Bloggers VIII at the International Trademark Association’s annual meeting in DC! And by now, we should know. The space was perfect. The post Met some bloggers! appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
NOVEMBER 11, 2021
Case Name: Par Pharmaceutical Inc. v. Eagle Pharmaceuticals Inc., No. 18-0823-CFC-JLH, 2021 WL 3886418 (D. Del. Aug. 31, 2021) (Connolly, J.) - Drug Product and Patent(s)-in-Suit: Vasostrict® (vasopressin); U.S. Patents Nos. 9,744,209 (“the ’209 patent”) and 9,750,785 (“the ’785 patent”).
IP and Legal Filings
NOVEMBER 11, 2021
Generic Trademarks: An Introduction. A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market. Secondly, trademarks can be used as an indicative device that would help a person trace the origin of the product.
Intellectual Property Brief
NOVEMBER 11, 2021
A new exemption to Section 1201 of the Digital Millennium Copyright Act (DMCA) allows video game users to repair their own consoles.
Patently-O
NOVEMBER 11, 2021
by Dennis Crouch. We do a moot court competition every year in my basic patent law course at the University of Missouri. The students just submitted opening briefs. Responsive briefs are due over the weekend, and oral arguments will be held next week on the 16th and 17th of November. It is a fun capstone for the course, although it is some amount of work for the students.
JD Supra Law
NOVEMBER 11, 2021
The US Copyright Office issued new regulations expanding and strengthening consumers’ rights to repair software-enabled digital devices (such as video game consoles and medical devices) via exemptions to the Digital Millennium Copyright Act.
Patently-O
NOVEMBER 11, 2021
In re Quest Diagnostics ( Fed. Cir. 2021 ). Ravgen sued Quest in W.D. Texas for infringing two patents covering pre-natal genetic tests. As the map shows below, Quest has dozens of “places of business” open within the Western District (Waco and Austin areas) where Quest was selling the services. So, venue was proper under the narrow venue statute for patent cases, Section 1400(b).
JD Supra Law
NOVEMBER 11, 2021
The Hatch-Waxman Act provides a cause of action for infringement based on the submission of an abbreviated new drug application (ANDA) to FDA. 35 U.S.C. § 271(e)(2). Following the Supreme Court’s ruling in TC Heartland LLC v. Kraft Foods Group, 137 S. Ct. 1514 (2017), and the Federal Circuit’s application of it in Valeant Pharms. N. Am. LLC v. Mylan Pharms.
IP Watchdog
NOVEMBER 11, 2021
The Faegre Drinker Trademark, Copyright, Advertising and Media (T-CAM) Team is seeking an attorney to join its thriving Intellectual Property practice. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm with offices located throughout the U.S., Europe, and China. This full-time, permanent counsel-track associate or senior attorney position offers the opportunity to play a key role in growing our existing T-CAM practice in any of our U.S. offices.
JD Supra Law
NOVEMBER 11, 2021
On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative abeyance.” .
LexBlog IP
NOVEMBER 11, 2021
Staying current with Microsoft’s monthly patches is challenging, yet critical for one’s cybersecurity program. This week, Microsoft’s November Patch Tuesday released 55 patches, six of which were categorized as “critical,” four were previously disclosed (which means that cyber criminals may already be exploiting them), and two are being exploited now.
JD Supra Law
NOVEMBER 11, 2021
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.
Intellectual Property Brief
NOVEMBER 11, 2021
After losing a copyright infringement case in September against the four major television networks, the streaming service Locast agreed to pay $32 million for improperly retransmitting the networks’ broadcast content.
JD Supra Law
NOVEMBER 11, 2021
On 22 October 2021, the UK High Court handed down a judgment that clarifies the existing law on the requirements for granting blocking injunctions against internet service providers (ISPs) where there has been copyright infringement by website operators.
Intellectual Property Brief
NOVEMBER 11, 2021
The Brazilian National Institute of Industrial Property (INPI) started accepting applications for position trademarks on October 1, 2021. The new type of filing will provide an additional level of protection to brands looking to protect their intellectual property in Brazil.
JD Supra Law
NOVEMBER 11, 2021
In the world of copyright law, there is a fine line between unlawful copying or use of another’s work and a lawful parody. Dr. Seuss Enterprises, the holding company for the rights associated with Theodor Seuss Geisel’s works, has found itself right in the middle of this question many times. Much like the Sneetches, Dr. Seuss has sought to prove that its works are the only true and rightful works, much like the Star Belied Sneetches seeking to prove that they are superior to the Plain Bellied.
Garrigues Blog
NOVEMBER 11, 2021
Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design. Albeit still toned down due to the restrictions of the pandemic, the recent celebration of the festival of the Virgin of Pilar has given the inhabitants of Zaragoza the chance to wear the cachirulo , a characteristic bandana typically in a red and black check print.
JD Supra Law
NOVEMBER 11, 2021
The US Court of Appeals for the Ninth Circuit affirmed a district court’s conclusion that there is no conflict between an Arizona statute aimed at strengthening privacy protections for consumers whose data is collected by car dealers and the Copyright Act provision that grants the owner of a copyrighted work the exclusive right “to reproduce the copyrighted work in copies.
Selvam & Selvam Blog
NOVEMBER 11, 2021
At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Further, as per Section 11(2) of the Designs Act, 2000, a design may be renewed once for an additional period of 5 years anytime within the initial ten-year period of registration.
JD Supra Law
NOVEMBER 11, 2021
A judge from the US Court of Appeals for the Third Circuit sitting by designation in the US District Court for the District of Delaware denied a motion to dismiss claims of misappropriation of trade secrets, tortious interference and breach of fiduciary duty, finding that the plaintiff plausibly pled facts supporting each claim. Park Lawn Corp. v. PlotBox Inc., Case No. 20-cv-01484-SB (D.
Managing IP
NOVEMBER 11, 2021
The G2/21 referral on plausibility risks turning the clock back to a wave of ‘prophetic’ patent filings seen in the 1990s, say in-house sources
IAM Magazine
NOVEMBER 11, 2021
As the iPhone maker continues sparring with Corephotonics at PTAB and Federal Circuit, records show the camera tech battle has also spread to Chinese courts.
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