Plagiarism Today
OCTOBER 6, 2021
On September 15, West Liberty University President W. Franklin Evans, gave the annual freshman convocation speech to a mix of students and faculty. Having only been hired for the position in November 2020, it was Evans’ first time giving such a speech at the university. However, as the speech went on, several faculty members felt somehting was amiss.
TorrentFreak
OCTOBER 6, 2021
The major record labels believe that YouTube rippers are the most significant piracy threat on the Internet. These sites, which can serve a variety of purposes, are used by some to convert free YouTube videos into MP3s. FLVTO.biz and 2conv.com Lawsuit. The RIAA and several of its members have taken legal action to curb this threat. They previously sued YouTube-MP3, the world’s largest ripping site at the time, which resulted in the site shutting down in 2017.
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Plagiarism Today
OCTOBER 6, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIAA Secures ‘Victory’ Against YouTube Rippers and Seeks $82m in Damages. First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has secured a default victory against a pair of YouTube ripping sites and is asking the court for some $82 million in damages from the sites’ owner.
JD Supra Law
OCTOBER 6, 2021
Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a patentee committed inequitable conduct by advancing an argument during patent prosecution that contradicted the patentee’s prior arguments and evidence submitted to the….
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
OCTOBER 6, 2021
The lead story in last weekend’s Wall Street Journal made an exciting announcement: “Merck Covid-19 Pill Cuts Risks of Hospitalizations and Death”: "Merck & Co. and its partner Ridgeback Biotherapeutics LP said their experimental Covid-19 pill helped prevent high-risk people early in the course of the disease in a pivotal study from becoming seriously ill and dying, a big step toward providing the pandemic’s first easy-to-use, at home treatment.
Patently-O
OCTOBER 6, 2021
by Dennis Crouch. CosmoKey Solutions v. Duo Security ( Fed. Cir. 2021 ). Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
OCTOBER 6, 2021
by Dennis Crouch The Federal Circuit has been tearing through mandamus petitions on the issue of inconvenient venue under Section 1404(a). The issue comes up in cases where venue is proper and the court has personal jurisdiction over the defendant, but for whatever reason the particular venue chosen by the plaintiff is inconvenient. Thus, the statute provides a district court with discretion to move venue “[f]or the convenience of parties and witnesses, in the interest of justice.” 2
JD Supra Law
OCTOBER 6, 2021
Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes.
IP Intelligence
OCTOBER 6, 2021
On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that the “clear answer” is no. The Patent Applications. Plaintiff Stephen Thaler, Ph.D., is the owner of a Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), which he claims is an artificial intelligence machine.
JD Supra Law
OCTOBER 6, 2021
A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. In this decision, captioned In re: SurgiSil, L.L.P. et al., No. 2020-1940 (Oct. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal….
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Likelihood of Confusion
OCTOBER 6, 2021
This post consists of one tweet about branding, the social moment, corporate ethics and all the things, by someone else. If the French Revolution were happening today, Ikea would be. The post Malice branding appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
OCTOBER 6, 2021
ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE - Before Moore, Reyna, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: The “final assembler” theory of direct infringement does not apply to defendants who neither manufacture nor install components to complete a claimed system.
IAM Magazine
OCTOBER 6, 2021
Analysis shows that Winston & Strawn’s Kathi Vidal has represented accused infringers 85% of the time in court – with Apple, Microsoft and SAP among her biggest clients.
JD Supra Law
OCTOBER 6, 2021
CosmoKey asserted U.S. Patent No. 9,246,903 against Duo in the U.S. District Court for the District of Delaware, alleging infringement. The District Court found the patent's claims to be ineligible under 35 U.S.C. § 101 because they were directed to an abstract idea and lacked an inventive concept. On review, the Federal Circuit reversed, and provided a small glimmer of clarity illuminating the ever-elusive contours of the "inventive concept.".
Velocity of Content
OCTOBER 6, 2021
On Sunday, Sept. 12, over 300 CCC colleagues based in the U.S., U.K., Spain, Romania, the Netherlands and Germany put on their ‘We Not Me’ t-shirts and walked to help hospice organizations around the world, honoring the memories of family members, friends, and colleagues. For every team member who participated, CCC is donating to hospice organizations in their communities, including the annual Care Dimensions Walk for Hospice.
JD Supra Law
OCTOBER 6, 2021
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.
Nelligan Law
OCTOBER 6, 2021
Reading Time: 2 minutes Terminations can profoundly impact various aspects of an individual’s life, including their health. In certain situations, terminations (or the circumstances leading up to them) leave employees unable to start new work. In these situations, terminated employees should consider turning to their disability benefits providers to quickly avail themselves of Short Term and/or Long-Term Disability benefits (“STD” and “LTD” respectively or, together, “Disability Benefits”) befor
JD Supra Law
OCTOBER 6, 2021
Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v. Hirshfeld on appeal from the U.S. Patent and Trademark Office's (USPTO) decision that refused to allow Thaler's two patent applications to proceed because he listed DABUS (an AI machine) as the inventor.
IP Watchdog
OCTOBER 6, 2021
On October 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that Snyders Heart Valve LLC’s (Snyders) patent claims for an artificial heart valve were unpatentable. The court said the PTAB relied on an erroneous claim construction. The CAFC previously vacated and remanded the appeal after only reaching Snyders’ argument under the Appointments Clause following its decision in Arthrex, Inc.
IP Law 360
OCTOBER 6, 2021
The Patent Trial and Appeal Board has sided with Hulu that a data processing patent was invalid in light of an earlier textbook, a decision that came after the board's precedent-setting panel ruled last year that the online streaming company had shown a reasonable likelihood that the prior art qualified as a printed publication.
IP Watchdog
OCTOBER 6, 2021
The World Intellectual Property Organization (WIPO) is seeking to hire a Senior Advisor, IP and Gender. This contracted position is located in Geneva, Switzerland, and is a non-fixed-term appointment. The new Senior Advisor, IP and Gender, will begin with a 2-year contract that is renewable based on performance over the initial 2 years. The post is located in the Office of the Deputy Director General (DDG) of the Patents and Technology Sector (PTS), in the DDG’s capacity as WIPO’s IP and Gender
IP Law 360
OCTOBER 6, 2021
For the second time this week, the Federal Circuit has ordered U.S. District Judge Alan Albright to transfer a patent case out of his court, saying Wednesday he abused his discretion by denying Google's motion to move Jenam Tech's infringement suit against it to California.
Managing IP
OCTOBER 6, 2021
We have revealed this year’s Corporate IP Stars list, an annual rankings publication which recognises senior in-house practitioners
IP Law 360
OCTOBER 6, 2021
Netflix Inc. urged a Texas federal judge Tuesday to ship a patent dispute brought by business-to-business software company CA Inc. to the Northern District of California despite a magistrate judge's recommendation, saying that a company's "virtual spaces" cannot be used to determine a patent suit's venue.
IPilogue
OCTOBER 6, 2021
Photo by Louis Hansel ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . The Joyful Celebration of Beer: Oktoberfest. Originating in October 1810, Oktoberfest has been a celebration of beer for centuries. This two-week festival, starting in September and finishing the first Sunday of October, is held yearly in Munich, Germany.
43(B)log
OCTOBER 6, 2021
Walkowicz v. American Girl Brands, LLC, 2021 WL 510729, No. 20-cv-374-jdp (W.D. Wis. Feb. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence.
Legal Zoom
OCTOBER 6, 2021
La Llorona Bakes owner, Adriana De Casas tells how she bakes tradition, family, and her own unique touches into her pan dulce.
The IPKat
OCTOBER 6, 2021
Unlike, the Patents Court the AmeriKat is not expediting anything, even for a German injunction gap. If you see some tired patent litigators in the UK , it might be because there are an alarming number of applications for expedition of trials and issues, with a significant number being granted. After Neurim v Mylan [2021] EWHC 2198 (Pat) and Abbott v Dexcom [2021] EWHC 2246 (Pat) (see IPKat article here ), Mr Justice Mellor handed his third judgment in a month regarding expedition in Article on
JD Supra Law
OCTOBER 6, 2021
In the United States, trademarks, service marks, certification marks, and collective marks are protected not only under civil law pursuant to the Lanham Act, but also under criminal law pursuant to the Trademark Counterfeiting Act, 18 U.S.C. § 2320. Section 2320 sets forth a criminal statute against trafficking in counterfeit goods.
IP Law 360
OCTOBER 6, 2021
Western District of Texas Judge Alan D. Albright is pausing a patent case over roofing systems, saying there is a "good chance" the patent at issue will be struck down at the Patent Trial and Appeal Board before the case goes to trial.
JD Supra Law
OCTOBER 6, 2021
This month’s ITC Wrap-Up summarizes two decisions from the ITC that issued in September, 2021, in the 1237 Investigation. In the first decision, ALJ Bullock denied the complainant’s motion in limine and high priority objection to preclude evidence of a noninfringing alternative that the respondent disclosed on the last day of fact discovery. In the second decision, ALJ Bullock granted the complainant’s motion in limine to preclude live testimony from a nonparty neutral witness.
IP Law 360
OCTOBER 6, 2021
King & Spalding LLP has hired a former Quinn Emanuel Urquhart & Sullivan LLP trial attorney with decades of experience of navigating clients through complex commercial litigation, the firm announced.
Intellectual Property Brief
OCTOBER 6, 2021
Senator Leahy introduced the Restoring the America Invents Act as a way to correct perceived issues with the America Invents Act passed a decade ago. These changes propose eliminating the controversial Fintiv decision and the ability for the Director to exercise discretionary denials in PTAB proceedings.
Trading Secrets
OCTOBER 6, 2021
On Thursday, October 7, 2021, at 2:00 p.m. EST Boston partner Erik Weibust will present a webinar for Thomson Reuters’ West LegalEdCenter entitled “The Future of Noncompetes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 1.”. This is the first installment of a three part series, and will focus on recent developments in federal and state trade secret and restrictive covenant laws.
JD Supra Law
OCTOBER 6, 2021
In re: Vivint, Inc., Appeal No. 2020-1992 (Fed. Cir. Sept. 29, 2021) - In an appeal from the United States Patent Trial and Appeal Board, the Federal Circuit addressed whether a party may challenge the validity of an issued patent by ex parte reexamination when the challenger has repeatedly tried to use inter partes review (“IPR”) to forward the same argument.
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