Erik K Pelton
FEBRUARY 4, 2022
That feeling that our clients get when they receive their trademark registration certificate – pride in their brand, and assurance know that it is protected – I know that feeling firsthand, having received more than 10 trademark registrations for our own EMP&A brands! More Peltonisms® at [link]. The post What does it feel like to receive a trademark registration?
TorrentFreak
FEBRUARY 4, 2022
Hacking group Team-Xecuter was a thorn in the side of major gaming companies for many years. The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Team-Xecuter Prosecution. For many years Nintendo attempted to stop the group but failed to do so.
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Patently-O
FEBRUARY 4, 2022
by Dennis Crouch. The chart below shows the USPTO utility patent allowance rate broken up on a quarterly basis (using calendar year quarters). The rate is based upon two numbers: The number of patents issued each quarter, and the number of applications abandoned each quarter. Allowance Rate = Patents / (Patents + Abandonments). Because I only have detailed abandonment data on published applications, I limited all the data to only published applications.
TorrentFreak
FEBRUARY 4, 2022
Last month the European Parliament voted on the final text of the Digital Services Act and it was approved by a broad majority. An amendment that would’ve effectively banned ‘dumb’ upload filters didn’t pass, neither did an amendment that could’ve put an end to court orders that require ISPs to block websites, including pirate sites.
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?
IP Watchdog
FEBRUARY 4, 2022
On February 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision by the U.S. District Court for the Eastern District of Texas granting a motion to enforce PlasmaCAM’s (Plasmacam) version of an agreement with Fourhills Designs, LLC, and Thomas and Martha Caudle (collectively “CNC”). On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim th
IPilogue
FEBRUARY 4, 2022
Photo by CQF-Avocat (Pexels). Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. Copyright infringement is the violation and piracy of an author’s exclusive right through the unauthorized use of a Copyright-protected work. Section 15 (1) (a)-(g) of the Copyright Act, C28, Laws of the Federal Republic of Nigeria (“LFN”), 2004 , provides several acts that amount to copyright infringement in Nigeria.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
FEBRUARY 4, 2022
On Jan 27th, 2022, CCC brought together a panel of industry experts who presented their perspectives on the challenges faced by standards developers and standards users as they move into a dynamic future. This event was supported by the U.S. Department of Commerce’s International Trade Administration’s? Market Development Cooperator Program. It was well-attended by representatives from US-based, Canadian, and European standards development organizations as well as knowledge management leaders re
JD Supra Law
FEBRUARY 4, 2022
Copyright Law is derived from the enumerated grant of power for Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”.
U.S. Department of Commerce
FEBRUARY 4, 2022
NOAA Satellites Helped Save 330 Lives in 2021. February 4, 2022. KCPullen@doc.gov. Fri, 02/04/2022 - 10:39. Weather and satellites. The following is a cross-post from the National Oceanic and Atmospheric Administration (NOAA). NOAA’s fleet of advanced satellites are essential for predicting weather and climate, and last year they also helped rescue 330 people from potentially life-threatening situations throughout the United States and its surrounding waters.
JD Supra Law
FEBRUARY 4, 2022
In a decision dated February 1, 2022, the Federal Circuit confirmed that applicant admitted prior art (AAPA) may not form the basis of a validity challenge in an inter partes review (IPR). The decision arose out of two IPRs filed by Apple challenging the validity of a Qualcomm patent directed to integrated circuit devices including “level shifters” that communicate between input/output devices and core devices.
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The IPKat
FEBRUARY 4, 2022
The IPKat is delighted to host the guest post below, penned by Katfriend Hans Eriksson (Westerberg and Partners), on a recent Swedish decision which has applied the recent ruling of the Court of Justice of the European Union (CJEU) in C-762/19 CV-Online Latvia. Here’s what Hans writes: Thankfully Kitty found a place where to park her car Content and service aggregation is big business in 2022.
JD Supra Law
FEBRUARY 4, 2022
In Re VOX POPULI REGISTRY LTD. Before Lourie, Dyk, and Stoll, Circuit Judges. Appeal from the Trademark Trial and Appeal Board. Summary: Stylizing an otherwise generic character mark using ubiquitous lettering does not make it a source identifier.
The IPKat
FEBRUARY 4, 2022
The Intellectual Property Office (IPO) has today published the UK’s new Intellectual Property counter-infringement strategy , which sets out how the government will address IP crime and infringement over the next five years. Here is what the IPO say about the strategy: The new strategy represents a step change in the IPO’s drive to protect IP rights.
JD Supra Law
FEBRUARY 4, 2022
Throughout the pandemic, retailers had to act swiftly to adapt to stay-at-home orders and social distancing guidelines. This meant making the most of the technologies available and experimenting with new technologies — both online and in-store — to engage with customers and maintain customer satisfaction (and safety!). As we continue to figure out how to navigate the new normal, it would be wise for retailers to keep on top of technological trends.
Patently-O
FEBRUARY 4, 2022
In a prior post , I wrote about third party prior art submissions, but that post was only looking at issued patents. I have gone back and pulled-in data from all publicly-available applications, including those that have been abandoned or are still pending. The results: third parties have submitted prior art in about 7,000 applications over the past decade.
JD Supra Law
FEBRUARY 4, 2022
On Wednesday, the U.S. Food and Drug Administration announced approval to Mylan Pharmaceuticals for a generic form of Allergan's RESTASIS® (Cyclosporine Ophthalmic Emulsion 0.05%) product for treatment of chronic dry eye. RESTASIS® is "a calcineurin inhibitor immunosuppressant indicated to increase tear production in patients whose tear production is presumed to be suppressed due to ocular inflammation associated with keratoconjunctivitis sicca." .
IP Law 360
FEBRUARY 4, 2022
The Biden administration's policy statement warning of harm from injunctions based on standard-essential patents has been decried by patent owners and former officials as a threat to innovation and the economy, but praised by tech and auto companies as a needed check on patent abuse.
JD Supra Law
FEBRUARY 4, 2022
Welcome back to the Spotlight and oh-me, oh-my, do we have a full slate of developments in the National Football League (NFL) – and that’s to say nothing of what happened on the field, with the Cincinnati Bengals and Los Angeles Rams battling their way into Super Bowl LVI. First, seven-time Super Bowl champion (and two-time Super Bowl runner-up to my New York Football Giants) quarterback Tom Brady was reported to have retired, several days before his official announcement and the vesting of his.
IP Law 360
FEBRUARY 4, 2022
A Delaware federal judge has ordered Belcher Pharmaceuticals to foot the bill for Pfizer unit Hospira in Belcher's patent infringement suit over epinephrine injector Abboject, finding that the accuser's antics during the litigation — and the "weak" suit it lodged — called for the company to cover Hospira's fees.
IP and Legal Filings
FEBRUARY 4, 2022
Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. The Delhi High Court recently took the opposite position in the matter of Hamdard National Foundation & Anr. vs.
IP Watchdog
FEBRUARY 4, 2022
This week in Other Barks & Bites: The Patent Trial and Appeal Board hears oral arguments in the famed CRISPR gene editing case; today marks the deadline for all comments on the 2021 version of the Joint DOJ-USPTO-NIST Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments; Judge Newman dissents from a Federal Circuit majority opinion finding clear error in a district court’s ruling on a patent settlement agreement; in a separate case, the Federa
The Trichordist
FEBRUARY 4, 2022
RIAA tells Hitpiece lawyer “Your clients’ outright theft of these valuable intellectual property rights is as outrageous as it is brazen.”.
43(B)log
FEBRUARY 4, 2022
Little Giant Ladder Sys. v. Tricam Indus., Inc., 2022 WL 325969, No. 17-cv-1769 (ECT/ECW) (D. Minn. Feb. 3, 2022) This case previously traveled under a different name/lead plaintiff. The parties compete in the market for articulated ladders, also known as multi-position ladders. Little Giant argued that Tricam violated the Lanham Act and the Minnesota Deceptive Trade Practices Act by falsely representing that its ladders comply with ANSI ASC A14.2, a voluntary industry standard for portable meta
The TTABlog
FEBRUARY 4, 2022
In January 2022, the Board decided twenty-two (22) appeals from Section 2(d) refusals. It affirmed them all. Here are the first four Section 2(d) decisions of this month. Has the streak been broken? How do you think they turned out? [Answers in first comment]. In re Charlie’s Chalk Dust, LLC , Serial No. 88417905 (February 1, 2022) [not precedential] (Opinion by Judge Elizabeth A.
43(B)log
FEBRUARY 4, 2022
ML Fashion, LLC v. Nobelle GW, LLC, No. 3:21-CV-00499 (JCH), 2022 WL 313965 (D. Conn. Feb. 2, 2022) The parties have a dispute over control of a fashion business. The Lanham Act claim is based on alleged diversion/conversion of products from one store to another, allegedly “depicting the real property, stolen products, and fixtures, furniture, and equipment in the store as its own.
Biswajit Sarkar Copyright Blog
FEBRUARY 4, 2022
Introduction. Whether we go shopping for groceries in a supermarket like ‘Spencers’ or to a local sellers hub (sabzi mandi), we are making a subconscious choice or preference, based on the quality of the products, the price point, the goodwill of the brands or service providers and our previous experience in availing their products and services. Now, it is important that such products or services be made identifiable to the customers, old and new, and that the products and services are distingui
LexBlog IP
FEBRUARY 4, 2022
Last week, Biogen Inc. announced it had reached an agreement to sell its equity stake in the Samsung Bioepis joint venture to partner Samsung Biologics for an aggregate consideration of up to $2.3 billion. According to a press release from Samsung Biologics, Biogen initially invested a 15% stake when the joint venture was established in 2012, before exercising its right to purchase up to 50% less one share of Samsung Bioepis in 2018.
JD Supra Law
FEBRUARY 4, 2022
The Oregon School Activities Association (OSAA) is set to consider language at its Feb. 7 meeting that could officially open the door to Oregon high school athletes profiting from Name Image Likeness (NIL) activities. An NIL activity is any business activity in which student-athletes are compensated in any way for the use of the student-athletes’ NIL, including personal athletically- or nonathletically-related businesses, social media influencing, promotional appearances, camps, lessons, and.
Velocity of Content
FEBRUARY 4, 2022
On Wednesday, Publishers Weekly reported that the Department of Justice as well as Penguin Random House and Simon & Schuster have begun sending subpoenas seeking information about book deals going back years. The moves come as the parties prepare for trial this summer in a federal lawsuit to block the PRH acquisition of S&S announced in November 2020.
JD Supra Law
FEBRUARY 4, 2022
Case Name: Jazz Pharms., Inc. v. Avadel Pharms. Plc, Civ. No. 21-691 (MN), 2021 WL 4860682 (D. Del. Oct. 19, 2021) (Noreika, J.) - Drug Product and Patent(s)-in-Suit: Xyrem® (sodium oxybate); U.S. Patent No. 8,731,963 (“the ’963 patent”).
LexBlog IP
FEBRUARY 4, 2022
According to the recently-published 2021 US Design Patent Toteboard , Quarles & Brady was once again a top ten firm nationally for the most United States design patents obtained for its clients in the year 2021. This is the fourth consecutive year that the firm has appeared on this list. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field.
JD Supra Law
FEBRUARY 4, 2022
INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., Twas all about exclusive right to control the use of Gruyere for cheeses in the US. This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE.
Likelihood of Confusion
FEBRUARY 4, 2022
If we didn’t have Leo Stoller we still couldn’t possibly invent him. Originally posted 2013-01-10 16:01:04. Republished by Blog Post Promoter. The post The Stoller that lives under the bridge appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
FEBRUARY 4, 2022
Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain provisions of the Trademark Modernization Act of 2020. The TMA was enacted to combat the recent uptick in fraudulent filings (a sizeable share coming from China) and restore integrity to the registry.
Biswajit Sarkar Copyright Blog
FEBRUARY 4, 2022
Introduction. Whether we go shopping for groceries in a supermarket like ‘Spencers’ or to a local sellers hub (sabzi mandi), we are making a subconscious choice or preference, based on the quality of the products, the price point, the goodwill of the brands or service providers and our previous experience in availing their products and services. Now, it is important that such products or services be made identifiable to the customers, old and new, and that the products and services are distingui
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