IP Watchdog
APRIL 14, 2022
On Wednesday, April 13, Kathi Vidal was officially sworn in and began her role as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO). Chief Judge Kimberly Moore administered the oath of office, and Vidal now assumes her position at the helm of the agency and head of its 13,000 employees.
Patently-O
APRIL 14, 2022
by Dennis Crouch. In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. The issues are parallel to those faced on the patent side by unsuccessful Inter Partes Review (IPR) petitioners who attempt to appeal that loss.
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IP Watchdog
APRIL 14, 2022
On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision of the U.S. District Court for the District of Nevada denying Power Probe’s request for a preliminary injunction to bar future sales of Innova Electronics Corporation’s Powercheck #5420 device. The CAFC held that the district court erred in its preliminary claim construction, particularly in determining that “detecting continuity and measuring continuity are mutually exclusive.”.
TorrentFreak
APRIL 14, 2022
Created by New Horizon Interactive, massively multiplayer online game (MMO) Club Penguin first opened to the public in 2005. Its Antarctic-themed virtual world, inhabited by players’ penguin avatars, proved incredibly popular and two years later boasted 30 million users. This success attracted the attention of Disney and in 2007, New Horizon was scooped up for $350 million.
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?
JD Supra Law
APRIL 14, 2022
The question whether artificial intelligence (AI) systems, when acting independently of humans, can be considered inventors is not recent. Along with advancements in the sophistication of these systems, the possibility for them to “create” in an increasingly broad sense (which includes software), comes quickly to mind.
IP.com
APRIL 14, 2022
As the leader of an early stage company, you’re worried about a lot of different business functions. Managing IP can be confusing and intimidating for founders used to working in. The post 3 Reasons IP Matters for Early Stage Companies appeared first on IP.com - IP Innovation and Analytics.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
APRIL 14, 2022
In October 2021, TorrentFreak learned that the Motion Picture Association and its anti-piracy partner Alliance for Creativity and Entertainment had taken an interest in one of the world’s most popular pirate streaming sites. In a DMCA subpoena application filed at a California court, MPA/ACE asked Cloudflare to hand over all information held on several pirate platforms including movie, TV show and anime streaming site Pelisplushd.net.
JD Supra Law
APRIL 14, 2022
U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262. But the complexities that can ensue, both in what is licensed and when it is licensed (and when those licenses expire) can be daunting to the extent that the parties don't always agree.
IAM Magazine
APRIL 14, 2022
The British economy is among the world’s most innovative, but this is not reflected in patenting activity. The country’s policy makers must work out why to prevent major opportunities being squandered.
JD Supra Law
APRIL 14, 2022
In 2021, Collins Dictionary named “NFT,” the abbreviation for non-fungible token, its word of the year. In 2017, the US-based Association of National Advertisers named AI (artificial intelligence) its marketing word of the year. As the recent rise of the use of both tools is evident, one may wonder whether they can operate together.
Advertiser: IPO
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.
Velocity of Content
APRIL 14, 2022
Take aways from the March 2022 OA Switchboard Webinar . Late March, CCC hosted the OA Switchboard webinar, Lessons Learned to Make Reporting Easy. It was a pleasure to participate alongside several industry thought leaders across the institutional and publishing communities. I was particularly excited to announce the news from that morning’s press release of the collaboration between the OA Switchboard and CCC to automate the exchange of Open Access payment information between publishers, instit
JD Supra Law
APRIL 14, 2022
Earlier this year, the Intellectual Property Owners Association (IPO) released its White Paper on Best Practices for Protecting Inventions Relating to Artificial Intelligence (White Paper). The extensive guidance discusses the patenting process concerning AI in the United States as well as in other jurisdictions and aims to aid practitioners and applicants in forming sound decisions.
IP Law 360
APRIL 14, 2022
Lawyers from Uniloc USA Inc. and Apple Inc., which are on opposite sides of a technology patent fight, found common ground Wednesday in response to a do-over bid at the Federal Circuit from digital rights group Electronic Frontier Foundation.
JD Supra Law
APRIL 14, 2022
Are you or your company expecting to spend a considerable sum anytime soon on computer software? If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase.
Likelihood of Confusion
APRIL 14, 2022
Is it me? I don’t think it’s me. Originally posted 2019-08-09 12:03:09. Republished by Blog Post Promoter. The post Please unfollow appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
APRIL 14, 2022
Whilst on the face of it a recent Hong Kong court decision was about copyright ownership in an online game, the decision in Emagist Entertainment Ltd v Nether Games (Hong Kong) Ltd [2022] HKCFI 899 raises a host of other important issues for tech start-ups to consider.
Likelihood of Confusion
APRIL 14, 2022
Originally posted on February 21, 2012. This was–I thought–my kind of blog post: a guest post on Duets Blog by graphic designer Ellie Drotning: When I hear a well-known brand has. The post Best of 2012: When brands let us down appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
APRIL 14, 2022
The Trademark Trial and Appeal Board's new precedential decision refusing to register a trade dress on a Los Angeles fashion brand's "Ark" handbag serves as a cautionary tale for attorneys that their clients' public statements could come back to haunt them.
The TTABlog
APRIL 14, 2022
The Board has affirmed 67 of the first 70 Section 2(d) refusals it has considered on appeal this year. Here are the latest three appeals for your consideration. [Results in first comment]. In re Avenida Partners Development Group, LLC , Serial Nos. 88833914 and 88833933 (April 1, 2022) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusals of 5 TO THRIVE and FIVE TO THRIVE for a "continuing care enrichment wellness program that offers a host of invigorating and stimulatin
IP Law 360
APRIL 14, 2022
World-renowned musician Billy Joel and a contractor who accused him and others of stealing copyrighted designs for a home renovation project told a New York federal court on Thursday that they have settled their dispute.
JD Supra Law
APRIL 14, 2022
Stone Brewing has used STONE as a trademark since the early 1990s, and has since become the largest brewery in Southern California and ninth largest craft brewery in the U.S. Fast forward to 2017, when MillerCoors rebranded Keystone Light beer to feature the word STONE printed in large script across its cans. .
IP Law 360
APRIL 14, 2022
Newsweek has come to an agreement to settle with a Los Angeles photographer in a copyright dispute over embedded Instagram posts, less than a month after a New York federal judge shot down dueling bids for victory from both parties.
Copyright Alliance
APRIL 14, 2022
This week we’d like to introduce you to 3D-Stereo Photographer Martin Lobel. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? Inspiration for creating 3D […]. The post Creator Spotlight with 3D-Stereo Photographer Martin Lobel appeared first on Copyright Alliance.
IP Law 360
APRIL 14, 2022
A Florida vitamin company asked a Georgia federal judge Thursday to enter a default judgment against a Canadian cannabis entrepreneur who the company says failed to answer the allegations against him in a $4.2 million trademark infringement case over products derived from the herbal extract kratom.
JD Supra Law
APRIL 14, 2022
Since it was introduced in May 2021, a lot of ink has been spilled, to say the least, over Bill 96, which seeks to reinforce the provisions of the Charter of the French Language (the “Charter”). Smart & Biggar’s Trademarks team published an article on Bill 96 and proposed reforms to the Charter of the French language in Québec (May 2021), detailing the provisions relating to the language of commerce and business in the province.
IP Law 360
APRIL 14, 2022
A Michigan federal judge ruled Wednesday that a woman alleging a faulty gearshift caused her Jeep Grand Cherokee to run over her leg can seek punitive damages, and Fiat Chrysler Automobiles' U.S. arm can't seal its communications with Jaguar over licensing the company's allegedly safer rotary shifter designs.
JD Supra Law
APRIL 14, 2022
According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim.
IP Law 360
APRIL 14, 2022
Massachusetts software business NetScout Systems is set next week to be the first tech company to fight infringement claims lodged by patent-holding company Longhorn HD in front of a federal jury in Marshall, Texas. Here's a look at that case — plus all the other major intellectual property matters facing the court in the coming week.
IAM Magazine
APRIL 14, 2022
The British economy is among the world’s most innovative, but this is not reflected in patenting activity. The country’s policy makers must work out why to prevent major opportunities being squandered.
LexBlog IP
APRIL 14, 2022
I belong to a fantastic network of women business owners called The Entreprenista League. If you are a woman business owner and would like to join this network to. make meaningful business connections, participate in weekly virtual learning and networking events, and. have a strong community of support from other women business owners, please click the link below to learn more and join us!
IAM Magazine
APRIL 14, 2022
Patrick Leahy and Thom Tillis are collaborating on a draft bill to safeguard a defendant’s right to at least one “meritorious challenge” to a patent asserted in litigation, but they aim to block “gamesmanship and strategic litigation” at the PTAB.
IP Law 360
APRIL 14, 2022
Munck Wilson Mandala LLP announced this week that it has added two intellectual property lawyers to its Dallas office, including the former head of the intellectual property transactions practice at Gray Reed & McGraw LLP.
Dear Rich IP Blog
APRIL 14, 2022
Dear Rich: I am a composer looking to write an opera celebrating the life and work of British Sign Language poet, Dorothy Miles. I am struggling to find out how I may gain access to the rights to her life story, to compose a 20-minute work. Dorothy passed in 1993, and according to my preliminary research, she has no living descendants or relatives. Would you be able to advise me as to the best course of action in order to set aspects of her life story to music?
JD Supra Law
APRIL 14, 2022
Israeli law prescribes that a patent provides protection for 20 years. However, this period may be shortened or lengthened in exceptional circumstances, as specified in the Patent Law. When the Tel Aviv District Court deliberated on Pfizer’s patent for Viagra, after Pfizer filed a claim arguing that Unipharm was committing patent infringement, the court shortened….
Patent Trademark Blog
APRIL 14, 2022
Will your patent be rejected? Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once.
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