Plagiarism Today

JANUARY 20, 2022

Earlier this week, D.A. Graham, the now-former interim vice provost for diversity, equity, inclusion and belonging at the University of Kansas, sent out an email with the subject, “2022 MLK Jr. Day of Reflection” to all students, faculty and staff of the university. However, shortly after the email went out, a recipient of the email forwarded it to the Lawrence Journal-World paper , along with a comparison to a previous email sent by Curtis L.

Plagiarism 206

Plagiarism Copying Journalism 206

Erik K Pelton

JANUARY 20, 2022

The following is an edited transcript of my video Recent Study Shows How Companies That File Trademarks Are More Profitable. Trademarks generally track the economy. If you look at the annual number of trademark application filings at the USPTO, you’ll see that it increased almost every year over the last 20 years except for recession years. There was a study published in Management Science Magazine called “Valuation of New Trademarks” , which showed that filing of trademarks si

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Trademark Intellectual Property Editing Branding 130

Plagiarism Today

JANUARY 20, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Jimi Hendrix Estate Sues Heirs Of His Bandmates Over Copyright Threats. First off today, Bill Donahue at Billboard reports that the Jimi Hendrix estate has filed a lawsuit against the heirs of his former bandmates after those estates allegedly threatened to sue them seeking back royalties.

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Reporting Copyright Infringement Music Copyright 130

The IPKat

JANUARY 20, 2022

The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court. According to paragraphs a and b of Article 3(1) of the Protocol, there are two alternative conditions for the entry into force of the Protocol, namely: (a) either the Protocol can be « signed in accordance with Article 2(2)a. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.; or (b) the Signat

Patent 143

Patent Settlement Government 143

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

The TTABlog

JANUARY 20, 2022

J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE for, inter alia , medicated mouthwash, toothpaste, and dental floss. J & J established that its mark is famous for Section 2(d) purposes. The goods are overlapping or related, but what about the marks?

Fair Use 143

Fair Use Advertising Advertising Licensing 143

The Trichordist

JANUARY 20, 2022

Hugh Prestwood and Judy Ahrens' story highlights the cruelty of the Copyright Royalty Board's frozen mechanicals policy and the failure of leadership by music publishers.

Music 141

Music Publishing Copyright 141

IP Watchdog

JANUARY 20, 2022

The countdown to the launch of the EU Unitary Patent has begun, with the new system expected to start before the end of this year. The final legal step took place on January 19, when Austria deposited its instrument of accession to the Protocol on Provisional Application of the Unified Patent Court (UPC) Agreement. It is the 13th country to take this step, meaning that the provisional application period has now entered into force.

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Patent Technology IP 130

SpicyIP

JANUARY 20, 2022

We’re pleased to inform you that The Screenwriters Association (SWA) is urgently looking to recruit a full-time Legal Officer to be based at its office in Mumbai. For further details, please read the announcement below. Call for Applications: Legal Officer at Screenwriters Association, Mumbai. SWA logo. The Screenwriters Association (SWA) is inviting applications for the appointment of a full-time Legal Officer to be based at its office in Mumbai.

Intellectual Property 124

Intellectual Property Contracts Television Settlement 124

IP Watchdog

JANUARY 20, 2022

McKee Voorhees and Sease, a boutique IP firm established in 1924 serving global clients at the intersection of science and law, seeks an experienced IP attorney to join the firm in the Chemical and Biotechnology practice group. This is full-time, permanent, flexible remote work for candidates in the Des Moines, IA, or St. Louis, MO area. Practice Areas: Intellectual Property - Biotechnology, Molecular Biology, Molecular Genetics, Biochemistry, Life Sciences, Biology, Agriculture, Medicine.

Intellectual Property 116

Intellectual Property IP Patent Law 116

IPilogue

JANUARY 20, 2022

Photo by Ståle Grut ( Unsplash ). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. As Toronto museums close their doors once again, their only option to stay “open” is to turn towards the digital. Toronto museums are not alone, although perhaps their struggles are more drawn-out; museums and art galleries in the U.K. and the U.S. have also faced physical closures due to lockdown restrictions.

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Marketing Marketing Public Domain Moral Rights 111

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

IP Watchdog

JANUARY 20, 2022

Earlier this week, the U.S. Supreme Court issued an order list indicating it had denied petitions for writs of certiorari in two cases challenging the NHK/Fintiv framework developed by the Patent Trial and Appeal Board (PTAB) for discretionary denials of validity trials under the America Invents Act (AIA). In denying petitions from consumer tech giant Apple and generic pharmaceutical firm Mylan Laboratories, SCOTUS has ended the latest challenge to the PTAB’s NHK/Fintiv rule, which has raised th

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Invention Patent Law Government 111

JD Supra Law

JANUARY 20, 2022

Patent offices and courts around the world have recently been grappling with the question of whether an AI system can be the inventor of a patent. This has been prompted by Dr. Stephen Thaler’s applications to designate his AI system (known as ‘DABUS’) as the inventor of patents filed in multiple jurisdictions.

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Inventor Invention Patent Designs 105

Copyright Alliance

JANUARY 20, 2022

In mid-December of 2021, Instagram quietly let it be known that it had added a feature to its service that allows users to disable its commonly misused and misunderstood embedding […]. The post How Instagram Changed Its Embedding Feature—and What That Means for Photographers and Publishers appeared first on Copyright Alliance.

Publishing 101

Publishing Copyright 101

IP Law 360

JANUARY 20, 2022

Apple Inc. has filed a complaint with the U.S. International Trade Commission seeking to block imports of Ericsson mobile base station communication equipment it says infringes on three of its wireless technology patents — the latest strike in a heated patent battle between the two tech giants.

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IP Technology Patent 98

SpicyIP

JANUARY 20, 2022

We’re pleased to inform you that LexisNexis has released its inaugural ‘Innovation Momentum 2022: The Global Top 100’ report. For further details, please see their announcement below: LexisNexis recognizes the world’s outperforming companies with its “Innovation Momentum 2022: The Global Top 100” report. The first patent-based report to measure short-term innovation momentum, highlighting innovators with exceptional technological relevance for the future.

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Reporting Intellectual Property Technology Business 98

Velocity of Content

JANUARY 20, 2022

I recently had the opportunity to talk with Kim Dority, president of Dority & Associates , about the essential career skills information professionals need in order to succeed in today’s uncertain environment. Dority’s experience as adjunct faculty for several iSchools and MLIS programs, and her expertise in career alternatives for library and information science graduates and practitioners, gives her a unique perspective on building career agility.

Contracts 98

Contracts Technology Copyright 98

JD Supra Law

JANUARY 20, 2022

On November 19th, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,132 (where the Broad Institute, Harvard University and MIT, collectively, "Broad" is the Junior Party) asking the Board to substitute the Count pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1).

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IAM Magazine

JANUARY 20, 2022

Case filed yesterday by the iPhone giant makes clear that it wants its patent licensing dispute with the Swedish company to centre on the US court system.

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Licensing Patent 98

JD Supra Law

JANUARY 20, 2022

Are patented products that are not themselves subject to FDA approval, but used to develop products that are subject to FDA approval, protected under the Hatch-Waxman safe harbor? While courts have reached different conclusions on this question, one recent district decision answered it with a resounding “No.”.

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Patent 98

IP Law 360

JANUARY 20, 2022

Advocates for the disabled, public libraries and documentary filmmakers have urged the D.C. Circuit to rule that a law making it a crime to circumvent technical features controlling access to copyrighted works violates the First Amendment.

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Copyright Law Law Copyright 75

JD Supra Law

JANUARY 20, 2022

In Minerva Surgical, Inc. v. Hologic, Inc., the Supreme Court held, in a 5–4 opinion, that the doctrine of assignor estoppel continues to apply, but only for an assignor’s invalidity assertion that contradicts explicit or implicit representations the assignor made when assigning the patent.

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Patent 97

IP Law 360

JANUARY 20, 2022

The Patent Trial and Appeal Board pressed an attorney for Triller Inc. Thursday on his argument that TikTok had failed to show that its patent for creating music videos synced with an audio track is invalid.

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Music Patent 75

JD Supra Law

JANUARY 20, 2022

Last week, in the first precedential decision of 2022, the Trademark Trial and Appeal Board (“TTAB” or “Board”) held that the SPOTIFY mark is a famous and distinctive trademark. The Board refused to register the marks POTIFY and POTIFY & Design for an app that essentially allows consumers to order their favorite products from their….

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Trademark Designs Design 73

IP Law 360

JANUARY 20, 2022

The U.S. Copyright Office on Thursday laid out its five-year plan for making a copyright system "that truly works" for everyone with improved accessibility of its services to underserved communities.

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Copyright IP 75

JD Supra Law

JANUARY 20, 2022

On 18 January 2022, the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA) by the Austrian Parliament was notified to the Council of the European Union. This means that the UPC enters the Provisional Application Phase (PAP) and that the entry into operation of the Unitary Patent system is one big step closer.

Patent 62

Patent 62

IP Law 360

JANUARY 20, 2022

Federal Circuit judges will consider next week whether a medical device startup's founder can attack a patent he helped develop after a U.S. Supreme Court decision in the dispute last year narrowed rules for blocking inventors from challenging their own patents.

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Inventor IP Patent 75

IP Watchdog

JANUARY 20, 2022

It was a relatively consistent week in terms of overall patent filings, with 24 inter partes reviews (IPRs) and two post grant reviews (PGRs) and 77 new district court complaints. The district court saw a couple of new higher-profile cases involving Google, one by small company, Flypsi, and another a declaratory judgment (DJ) action against small smart thermostat maker (and aggressive enforcer), Ecofactor.

Patent 59

Patent Patent Infringement Government Litigation 59

Technology & Marketing Law Blog

JANUARY 20, 2022

I’ve posted a draft of my latest article, “ The Constitutionality of Mandating Editorial Transparency ,” forthcoming in the Hastings Law Journal later this year. As always, I hope you will check it out. Congress, state legislatures, and federal and state enforcement agencies are endeavoring to compel UGC services to disclose information about their editorial practices.

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Social Media Journalism Editing Publishing 59

Patently-O

JANUARY 20, 2022

I just pre-ordered The Right to Repair: Reclaiming the Things We Own by Prof. Aaron Perzanowski. Resolved: Public school curriculum should include repairing of consumer goods. — Dennis Crouch (@patentlyo) January 20, 2022.

Patent 64

Patent 64

JD Supra Law

JANUARY 20, 2022

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between a sports psychologist and a Miami Dolphins assistant coach.

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Blogging Copyright Infringement IP Copyright 52

Patently-O

JANUARY 20, 2022

Senate Judiciary Committee is considering two bipartisan legislative proposals focusing on the operation of “app stores” and requiring that large app stores allow for a competitive marketplace without the tight controls that we see today: S. 2992, American Innovation and Choice Online Act (Klobuchar, Grassley, Durbin, Graham, Blumenthal, Kennedy, Booker, Hirono, Hawley).

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Marketing Marketing Patent 60

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 20, 2022

Massachusetts Lawyers Weekly recently named Fish & Richardson Principal Jenny Shmuel an “Up and Coming Lawyer” in its 2022 “Excellence in the Law” awards. The awards honor the state’s top young attorneys for their career achievements, leadership, and dedication to community involvement and pro bono causes. A member of Fish’s Litigation Group, Shmuel lends her deep technical and scientific knowledge to some of Fish’s highest-stakes life sciences patent cases.

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Litigation Technology Law Patent 52

LexBlog IP

JANUARY 20, 2022

Virtual CLE Program January 24 – 27th. IPWatchdog’s PTAB Masters 2022 (PTAB-palooza if you prefer), is coming next week! The free, 4-day CLE program is virtual, and will focus on the PTAB from the viewpoint of both the patent owner and petitioners challenging patents. Topics will explore political and legislative developments impacting the agency in addition to important issues facing the PTAB.

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Litigation Patent Intellectual Property 52

JD Supra Law

JANUARY 20, 2022

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the district court’s overly narrow interpretation of the disputed claim term. Evolusion Concepts, Inc. v. HOC Events, Inc. d/b/a Supertool USA, Case No. 21-1963 (Fed.

Patent 52

Patent 52

IP Law 360

JANUARY 20, 2022

Philip Morris can't ice an order blocking it from importing certain vaping products while it appeals a finding that it infringed a pair of R.J. Reynolds Tobacco Co. patents, the U.S. International Trade Commission said Thursday.

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IP Patent 52