Plagiarism Today
MAY 5, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Songwriter’s Heirs Can’t Reclaim Rights to Elvis Hit, Judge Rules. First off today, Blake Brittain at Reuters reports that the estate of Hugo Peretti, the songwriter that co-wrote the Elvis Presley hit Can’t Help Falling in Love , has lost an appeal to try and reclaim their rights to the composition.
Kluwer Copyright Blog
MAY 5, 2022
Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20 th , 2021). Context and facts. This case concerns a dispute between the collecting management organisation CEDRO [1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive [2] ) of the Spanish Copyright Act (SCA) between 6 December 2016 and 31 October 2020.
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Patently-O
MAY 5, 2022
By Jason Rantanen. The Administrative Conference of the United States (ACUS) is an independent federal agency that’s charged with recommending improvements to administrative process and procedure. The position of Chairman is currently vacant, so the Vice-Chairman, Matthew Lee Wiener , is serving as Acting Chair. A key aspect of ACUS is soliciting input from the public.
Copyright Alliance
MAY 5, 2022
This weekend is Mother’s Day, and mothers around the nation will be bombarded with bouquets brimming with flowers of all shapes, colors, and sizes. It is part of that ideal […]. The post Are Flower Arrangements Copyrightable?? appeared first on Copyright Alliance.
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
MAY 5, 2022
The U.S. District Court for the Northern District of California this week ruled that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects Pinterest from a photographer’s claim that the platform infringed his copyrights by displaying his works alongside advertisements in the form of “promoted pins.” Harold Davis, an artist and professional photographer, claimed that Pinterest infringed 51 of his copyrighted works.
The IP Law Blog
MAY 5, 2022
The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time. But those benefits have come with some new challenges.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP.com
MAY 5, 2022
The decade-long CRISPR patent battle between the University of California, Berkeley and the MIT and Harvard-backed Broad Institute wages on, even after multiple rulings in the last several years. The. The post 4 Lessons Learned from the CRISPR Patent Battle appeared first on IP.com - IP Innovation and Analytics.
Velocity of Content
MAY 5, 2022
The copyright law reform process in South Africa continues to move forward slowly. In December, the Portfolio Committee of the South African parliament announced a further period of public consultation on new and specific amendments to the controversial and much-delayed Copyright Amendment Bill. Several pro-copyright organizations submitted comments and recommendations on what many see as a slightly improved, but still deeply flawed piece of draft legislation. .
JD Supra Law
MAY 5, 2022
We first posted about a potential waiver of patent rights related to COVID-19 medical tools on May 6, 2021 (Patents on COVID-19 Vaccines Feel free to infringe (kilpatricktownsend.com)). A recent version of the waiver released on May 3, 2022, by Ambassador Lansana Gberie of Sierra Leone, the Chair of the Council for Trade Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO), however, shows negotiations at the WTO are far from complete.
Patently-O
MAY 5, 2022
by Dennis Crouch. From 1793-1952, the Patent Act included a requirement that the specification “fully explain the principle” of any machine being patented. That provision was eliminated in 1952. My question, did that change reduce the disclosure requirement in any way? = = =. The Patent Act of 1836 included the language now found in 35 U.S.C. 112(a) and that we identify as the enablement and written description requirements.
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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
MAY 5, 2022
Social media is a great frontier to build and expand brand equity. Companies use it to create brand identities and even brand “personalities.” On the latest episode of Trending Now - An IP Podcast, Courtney Reigel and Ed White offer guidance and caution regarding companies’ use of social media in the modern era, including protection, enforcement, policies and influencer agreements.
IPilogue
MAY 5, 2022
Photo by Gabriel Gurrola ( Unsplash ). Andrew Masson is an IPilogue writer and 1L JD candidate at Osgoode Hall Law School. After a four-year battle, Ed Sheeran has finally received vindication for copyright claims against his hit song “Shape of You”. It would be impossible to review all components of the 221-paragraph decision in this blog but, most importantly, Ed Sheeran’s artistic integrity was verified.
JD Supra Law
MAY 5, 2022
Judge Orrick in the Northern District of California recently granted a motion for judgment on the pleadings that the asserted claims are invalid for claiming patent-ineligible subject matter under 35 U.S.C. § 101. The patents-at-issue are directed to flight control systems for aircraft. The court found the claims unpatentable because they recite abstract mathematical techniques carried out by generic components performing their conventional functions.
IP Law 360
MAY 5, 2022
An Analog Devices Inc. engineer disguised valuable microchip schematics as image files named after Pokémon characters when he secretly sent the trade secrets to his personal computer to rip off the designs as his own, federal prosecutors told a Boston jury Thursday.
JD Supra Law
MAY 5, 2022
On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 3 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference Count as not having such correspondence, under 37 C.F.R. §§ 41.121(a)(1)(i) and 41.207(b)(2).
IP Law 360
MAY 5, 2022
Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.
JD Supra Law
MAY 5, 2022
Last month, a leaked document regarding the TRIPS Waiver revealed a breakthrough between the EU, South Africa, India and the United States. After 18 months of negotiations, the four parties now have reached a high-level compromise on the scope and implementation of the TRIPS Waiver.
Trading Secrets
MAY 5, 2022
In September 2019, the Ninth Circuit held that hiQ Labs, Inc.’s (“hiQ”) collection and use of information that LinkedIn users shared on their public profiles did not violate the Computer Fraud and Abuse Act (“CFAA”) because the data was publicly available and therefore did not fall within the scope of the CFAA. Following the Ninth Circuit’s order, the Supreme Court issued a decision in Van Buren v.
JD Supra Law
MAY 5, 2022
The US Court of Appeals for the Seventh Circuit reversed the district court’s interpretation of an arbitration award, finding that the defendant could not “wait until he dies” to pay a portion of the damages award. Nano Gas Techs., Inc. v. Roe, Case Nos. 21-1809; -1822 (7th Cir. Apr. 25, 2022) (Rovner, St. Eve, Jackson-Akiwumi, JJ.).
LexBlog IP
MAY 5, 2022
The recent opportunities for remote work and learning have provided improvements in lifestyle for a number of employees and students. Many of those able to work or study from home have benefited from more flexible schedules, reduction in time and money spent on commuting, reduction in work- and school-related stress, and more family time. But those benefits have come with some new challenges.
JD Supra Law
MAY 5, 2022
In 2011, the Federal Circuit in TianRui Grp. Co. v. Int’l Trade Comm’n affirmed the International Trade Commission’s (ITC) authority to look to extraterritorial conduct of a respondent to determine whether that respondent misappropriated trade secrets under 19 U.S.C.A. § 1337 (“Section 337”).
LexBlog IP
MAY 5, 2022
According to Emsisoft, the education sector continues to experience ransomware attacks, with a whopping 1,043 schools affected by ransomware in 2021. This statistic breaks down to 62 school districts and 26 colleges and universities. Emsisoft estimates that data of employees and students were stolen in at least half of those attacks in 2021. 2022 looks to be even worse for higher education than 2021 for ransomware attacks.
JD Supra Law
MAY 5, 2022
On May 2, 2022, the ITC instituted an investigation of Hugel’s botulinum toxin product based on a complaint filed by Medytox on March 30, 2022. Medytox alleges in its complaint that Hugel expects to obtain approval and launch its product in the U.S. in 2022, and that “Hugel misappropriated Medytox’s trade secrets by stealing its proprietary strain of C. botulinum and related highly confidential manufacturing documents,” to develop Hugel’s product.
Likelihood of Confusion
MAY 5, 2022
Statutory Damages and the Tenenbaum Litigation: Doug Lichtman out at UCLA sends this along: Joel Tenenbaum looks a lot like every other defendant who has been accused by the music. The post Statutory damages in copyright, and the Tenenbaum case appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MAY 5, 2022
The US Patent & Trademark Office (PTO) recently announced that the surcharge fee for patent applications that are not filed in DOCX format will not go into effect until January 1, 2023. During the period before non-DOCX filings are hit with the surcharge fee, the PTO is encouraging applicants to begin filing patent applications in DOCX format (87 Fed.
The TTABlog
MAY 5, 2022
In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.
JD Supra Law
MAY 5, 2022
USPTO Leadership - On April 13, Kathi Vidal was sworn in as the new Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Director Vidal offered remarks at her swearing-in and the USPTO issued a press release welcoming her to the Office.
IP and Legal Filings
MAY 5, 2022
The International Organization for Standardization (ISO) is an independent, non-governmental international organization with a membership of 167 national standards bodies which develops and publishes technical, industrial and commercial standards worldwide. WHAT IS ISO CERTIFICATION? As it pertains to ISO standards, certification is the assurance of a certifying body that a service, product or system meets a requirement of a requisite standard.
JD Supra Law
MAY 5, 2022
The US Court of Appeals for the Federal Circuit ordered a district court to transfer a patent infringement case from Texas to California because the district court had wrongly assessed facts relating to the convenience of witnesses when it originally denied a motion to transfer venue.
IAM Magazine
MAY 5, 2022
Compromise agreed by the US, India, the EU and South Africa leaves trade secrets alone but approves measures that would make it faster and easier to bypass vaccine patents.
JD Supra Law
MAY 5, 2022
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.
IAM Magazine
MAY 5, 2022
Compromise agreed by the US, India, the EU and South Africa leaves trade secrets alone but approves measures that would make it faster and easier to bypass vaccine patents.
Managing IP
MAY 5, 2022
Counsel say Indian generic companies are starting to innovate and file invention patents but that they must scale up these activities to avoid becoming obsolete
IP Law 360
MAY 5, 2022
U.S. District Judge Rodney Gilstrap has recalculated an enhanced infringement judgment against NetScout Systems Inc. in Packet Intelligence LLC's patent suit over data management technology, trimming $1.7 million after the Federal Circuit in 2020 overturned the presuit damages award.
Managing IP
MAY 5, 2022
Despite the EU finalising the Digital Services Act, IP owners are already looking to other EU initiatives to provide anti-counterfeiting safeguards
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