Tue.Oct 12, 2021

Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free


As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of.

Key Trademark Search Terms

Erik K Pelton

Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode. The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth.


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Google Opposes ‘Sweeping’ Popcorn Time Piracy Blocking Request


For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown.

FDA Acting Commissioner of Food and Drugs Seeks Collaboration Between FDA and USPTO to Address Pharmaceutical Patent-Related Matters Affecting Competition

JD Supra Law

On September 10, 2021, Janet Woodcock, Acting Commissioner of the U.S. Food and Drug Administration (FDA), sent a letter to Andrew Hirshfeld, Director of the U.S.

Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Twitter

Technology & Marketing Law Blog

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC , 2021 WL 2546675 (9th Cir.

if it's on the label, courts can presume consumers saw it


Bailey v. Rite Aid Corp., 2021 WL 4469638, No. 4:18-cv-06926 YGR (N.D. May 26, 2021) Rite Aid moved to reconsider a previous ruling denying a motion to dismiss Bailey’s claim against Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” The court declined.

JP Morgan Donates Patents to Low Carbon Pledge; Joins Microsoft, HP and Facebook

IP Close Up

The Low Carbon Patent Pledge announced last week that JPMorgan Chase is helping combat climate change by making key patents freely available to anyone using Continue reading.

More Trending

Deadline 2030: The Shape of Things to Come

Velocity of Content

We know what copyright and licensing look like in 2021 – its current strengths and benefits for creators and users, as well as the challenges, pressure points and friction zones between supporters and detractors. How will the landscape look in 2030 and will it be significantly different?

Federal Circuit Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them. By: Morgan Lewis

Malini Vijaykumar discusses mandatory workplace vaccine policies with CBC News

Nelligan Law

Reading Time: < 1 minute Click here to watch Malini Vijaykumar discuss mandatory workplace vaccination policies, and what they mean for workers in the context of employment law. The post Malini Vijaykumar discusses mandatory workplace vaccine policies with CBC News appeared first on Nelligan Law.

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over dissent, 9th Cir. denies injury presumption to false advertising claimant


Quidel Corp. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9 th Cir. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims.

The Overlap Of Intellectual Properties In Product Design

JD Supra Law

Significant resources are invested to bring a product or service to market. A multi-layered intellectual property strategy can protect the assets obtained during development. Utility patent protection is available for inventions that are useful, novel, and nonobvious. Other layers of U.S.

defendant moots claim by ending activity in a way that would require gov't consent to restart


Snarr v. HRB Tax Gp., 2021 WL 4499416, No. 19-cv-03610-SK (N.D. 24, 2021) Snarr alleged that HRB violated the usual California statutes by creating a “bait and switch” program to lure customers into paying for defendants’ services to file tax returns.

The Future of Ad Law: A Wrap Up from the 2021 NAD Conference

JD Supra Law

At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon.

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Facebook partners with non-profit on Patent Pipeline Programme to boost women, minority hires

IAM Magazine

Law firms that hire individuals trained through the programme will get more legal work from the Silicon Valley giant in return. Analysis Analysis: Strategy

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PTAB Statistics Through Eleven Months of FY2021

JD Supra Law

The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year.

Sea change on web-based contract amendments

Likelihood of Confusion

The Ninth Circuit sounds really right on this: Service providers should not be able to change their terms of service arbitrarily without notifying their registered users, according to the judges. The post Sea change on web-based contract amendments appeared first on LIKELIHOOD OF CONFUSION™.

Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice

JD Supra Law

Even though last week was argument week, that didn’t slow down the issuance of decisions at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

Examining the GI Protection of Wines and Spirits

IP and Legal Filings

GI protection of wines and spirits originating from a specific region. The wines and spirits industry is one of the most lucrative industries in the world. In 2019, the global luxury wines and spirits market was valued at around $970 billion.

Words Matter: Specification’s Narrow Description Limited Patent Scope/Protection

JD Supra Law

In Wastow Enterprises, LLC v. TruckMovers.com, Inc., the Federal Circuit held the patent claims were limited to a universal folding boom trailer because the specification, including the title, referred to the “present invention” as including this limitation.

Disclaimer in Prosecution cannot be Recaptured in Litigation


by Dennis Crouch. Traxcell Technologies, LLC v. Sprint Communications Company , No. 20-1440 (Fed. 2021); Traxcell Technologies, LLC v. Nokia Solutions and Networks , No 20-1440 (Fed. 2021). The patentee primarily these cases on claim construction on two simple terms — based largely on statements made during prosecution to skirt the prior art. . “Location” – some of the asserted claims take various actions related to the “location of [a] mobile wireless device.”

Latest Federal Court Cases - October 2021 #2

JD Supra Law

Kannuu Pty Ltd. Samsung Electronics Co., Appeal No. 2021-1638 (Fed. 7, 2021) - In our Case of the Week, the Federal Circuit addressed whether a forum selection clause in an NDA may prohibit a party from petitioning for an inter partes review with the PTAB.


Regulations and Restrictions for AI Facial Recognition Tech in Canada


Photo by Chris Yang on Unsplash. Shannon Flynn is a Guest Writer and the Managing Editor of Rehack Magazine. Although facial recognition may have begun as a useful tool for the masses, as with many things, it has become something that can be used against them.


JD Supra Law



I guess that I should add — if the "equivalents" is claim construction, should the patentee then permitted to seek equivalent-of-the-equivalent during infringement analysis? — Dennis Crouch (@patentlyo) October 12, 2021. Patent

Federal Circuit Declines to Hear Challenge to Patent Board’s Decision Even Though Decision Allegedly Involved Adjudicating Issues Subject to Arbitration

JD Supra Law

The Federal Circuit Court of Appeals recently declined to hear an appeal or grant a writ of mandamus seeking review of a decision by the Patent Trial and Appeal Board to institute inter partes review proceedings even though those proceedings were allegedly subject to arbitration. By: Carlton Fields

En Banc Petition: Counting to Two Alice Style


by Dennis Crouch. Apple Inc. Universal Secure Registry LLC , Docket No. 20-01223 (Fed. 2021). In August, the Federal Circuit sided with Apple and affirmed the district court determination that USR’s asserted claims were all directed to abstract ideas — and thus ineligible under 35 U.S.C. § When I first wrote about the original decision, I noted the high correlation between the two steps of Alice: “if a claim fails step one, it usually fails step two as well.”

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JD Supra Law

Where We Are on AI Inventorship and Where We Should be Heading

IP Watchdog

The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications.

challenging defendant's clinical proof claim is falsity, not lack of substantiation


Woodard v. Labrada, 2021 WL 4499184, No. EDCV 16-189 JGB (SPx) (C.D. 31, 2021) Woodard brought the usual California claims and some others, including NY claims, against Labrada for its weight loss products. Some tidbits: Labrada argues that Woodard was bringing a prohibited “lack of substantiation” claim. “In

Counseling Clients on What Constitutes Exceptionality in Patent Litigation: A View from Delaware

IP Watchdog

After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can obtain its attorneys’ fees from the opposing party. The answer is yes, but only if the court finds exceptionality under 35 U.S.C. §

Coursepack Blues: Don't Count on Fair Use

Dear Rich IP Blog

Dear Rich: I plan to assemble and sell a coursepack on writing nonfiction. This coursepack will consist of writing and revising methods gleaned from various writing books (Strunk and White, On Writing Well, etc) and will also include worksheets (which my team will create and design from scratch).

Banner Witcoff is Seeking a Biotech or Chemistry Patent Attorney

IP Watchdog

Banner Witcoff is seeking a Biotech or Chemistry Patent Attorney with 5 or more years of experience in patent prosecution for its Chicago, IL or Washington, DC offices.

Opinion: Tired of Brexit? The exhaustion is still to come!

Managing IP

The UKIPO has still to decide on a path forward for exhaustion after Brexit – but with IP taking a back seat in government circles, don’t hold your breath

TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed?

The TTABlog

Among the flurry of opinions issued by the Board on September 30th, the last day of the USPTO's fiscal year, were the three listed below, all involving appeals from Section 2(d) refusals. One of the refusals was reversed. How do you think these came out? Answer in first comment].

SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation

IP Watchdog

The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the case of Unicolors v. H&M. The case asks the Court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. §

New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations

LexBlog IP

As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq.,