Sun.Aug 27, 2023

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[Guest post] German court finds online marketplace liable under CJEU YouTube/Cyando standard

The IPKat

The IPKat has received and is pleased to host the following post by former GuestKat Mirko Brüß (Brüß Law) concerning a recent German decision tackling the vexed issue of when an internet platform operator may be held directly liable for IPR infringements. Here’s what Mirko writes: German court finds online marketplace liable under CJEU YouTube/Cyando standard by Mirko Brüß The Court of Justice of the European Union (CJEU) ruling in joined cases YouTube , C-682/18 and Cyando , C-683/18 (Katpost h

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Preemptive Challenge to California’s Mandatory Editorial Transparency Law Lacks Standing–Minds v. Bonta

Technology & Marketing Law Blog

The plaintiffs in this case are Minds, Inc., Tim Pool, the Babylon Bee, and National Religious Broadcasters, which are (respectively): “a social networking app, an active social media content creator, a satirical news website, and a nonpartisan association of Christian communicators.” They challenged California AB 587 , California’s mandatory editorial transparency law that, among other unreasonable and onerous requirements, requires regulated social media entities to disclose

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IP-focused ERA events return in the Fall, with two conferences carrying IPKat readers’ discount

The IPKat

Trier, Germany's oldest city The IPKat is always interested in the activities organized and delivered by the ever-busy Katfriends at ERA in Trier (Germany) and is pleased to let readers know that the following will take place over the Fall: European Patent Litigation Certificate The first is the European Patent Litigation Certificate , which starts on 27 September 2023.

Editing 52
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Crush on me

Likelihood of Confusion

Above The Law has a place in its heart for the losers among the winners: Our Second Favorite Blog Of The Year After ATL survey, sponsored by ATL and Lateral. The post Crush on me appeared first on LIKELIHOOD OF CONFUSION™.

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Software Composition Analysis: The New Armor for Your Cybersecurity

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?

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Chinaware Designs to Needlepoint Patterns: Problems Getting Permission

Dear Rich IP Blog

Dear Rich: I am adapting needlework-like designs used in pottery/chinaware by creating patterns for needleworkers. Much of the chinaware was produced in the 1800's but some as late as the 1960s. I have sought and received permission where possible, but not in all cases because the companies no longer exist. What are the laws covering those designs for which I cannot get permission?

Designs 52
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PGR Petition Alleges Gilead Sciences Made Inconsistent Section 112 Arguments

IP Watchdog

This past week, IPWatchdog was made aware of a petition for post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB) that raises interesting arguments about allegedly inconsistent statements on patentability made during legal proceedings by pharmaceutical firm, Gilead Sciences. Filed in early August, the PGR petition from Atea Pharmaceuticals cites 35 U.S.C. § 112 arguments previously raised by Gilead in other cases to challenge the validity of Gilead’s own patent claims t

Patent 52

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Lathrop GPM is Seeking a Docketing Manager

IP Watchdog

Lathrop GPM, one of the nation's leading law firms, has an immediate opening for a Docketing Manager. This is a full-time, permanent position that can be located in Boston, Chicago, Dallas, Jefferson City, Kansas City, Minneapolis, St. Cloud, St. Louis or Washington, D.C. Reporting directly to the firm’s Director Practice Management/Practice Group Leader, the Docketing Manager, will play a key leadership role in the overall IP administrative infrastructure at Lathrop GPM.

IP 52
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Selling ‘Handmade’ USB Drives with Pirated Movies is a Thing

TorrentFreak

Pirated content exists in many shapes and forms. In the early 90s cassettes and floppies were popular, but they were later replaced by CDs and other forms of mass storage media. While these shifts were taking place, Internet-based piracy was taking off. From Napster, through Kazaa, to torrents and streaming services; piracy entered nearly every household at some point.

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9th Circuit Revives False Claims Act Action for Fraud on the Patent Office

Patently-O

by Dennis Crouch The U.S. Court of Appeals for the Ninth Circuit recently issued a pair of decisions in the qui tam case Silbersher v. Valeant Pharmaceuticals concerning the False Claims Act’s (FCA) public disclosure bar. The case sets significant precedent in linking FCA claims to patent prosecution and fraud upon the patent office. The case can be contrasted with Silbersher v.

Patent 52
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FDA Approves Regeneron’s 8 mg injection of EYLEA (aflibercept) and VEOPOZ (pozelimab)

LexBlog IP

On August 18, 2023, Regeneron Pharmaceuticals, Inc. (“Regeneron”) announced that the FDA approved EYLEA HD®, an 8 mg injection of EYLEA® (aflibercept). EYLEA HD®, jointly developed with Bayer A.G., is approved for the treatment of wet age-related macular degeneration (wAMD), diabetic macular edema (DME) and diabetic retinopathy (DR).

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IPO Diversity in Innovation Toolkit

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.