Erik K Pelton
AUGUST 27, 2021
We’ve been making trademarks bloom since 1999, including these flora logos for client! The post Making trademarks – including these flora logos – bloom since 1999 appeared first on Erik M Pelton & Associates, PLLC.
TorrentFreak
AUGUST 27, 2021
Hosting providers are generally seen as neutral intermediaries, but some copyright holders believe that these companies should bear more responsibility. This isn’t a new idea. Back in 2015, leaked documents from the Motion Picture Association revealed that the Hollywood group had considered taking legal action against a hosting provider. At the time it mentioned Leaseweb as an example.
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SpicyIP
AUGUST 27, 2021
A photograph of Prof. (Dr.) Shamnad Basheer. Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP.
TorrentFreak
AUGUST 27, 2021
Global entertainment coalition Alliance for Creativity and Entertainment is engaged in perhaps one of the most far-reaching anti-piracy operations the internet has ever seen. The group, which has the key Hollywood studios, Netflix, Amazon and dozens of major content creators as members, has carried out many highly-publicized takedowns. Streaming platforms, IPTV providers, file-hosting platforms and torrent-related entities have all been targeted but that is the tip of a very large iceberg.
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
AUGUST 27, 2021
On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, holding Google LLC did not infringe patents held by Data Engine Technologies LLC (DET). DET sued Google for infringing certain claims of U.S. Patent Nos. 5,590,259; 5,784,545; and 6,282,551 (the Tab Patents).
IPilogue
AUGUST 27, 2021
Photo By: Gabriel Benois (Unsplash). Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. The rapid spread of the COVID-19 pandemic may be said to have pushed society to forego privacy concerns for the quick, convenient ability to transition work to virtual platforms.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
AUGUST 27, 2021
Dominating the entering gallery of the Impressionists exhibit at the Art Institute of Chicago is Georges Seurat's A Sunday on La Grande Jatte (see below). Painted in the pointillist style, the work comprises millions of individual paint dots reminiscent of photos taken with late 20th Century technology made up of hundreds of individual photographs. Both these examples of "from many, one" come to mind when considering the Federal Circuit's opinion today in Juno Therapeutics, Inc. v.
IP Law 360
AUGUST 27, 2021
This past week in London has seen a renewed pursuit of the U.K. government over COVID-19 contracts, fashion brand Superdry face off with an online British retail titan and the country's largest milk supplier sue a major supply chain business.
JD Supra Law
AUGUST 27, 2021
There are many misconceptions or ‘myths’ about patents that have found their way into popular discourse among business leaders and technology managers, ranging from what type of innovations are patentable, to how important it is to own and protect your intellectual property (IP) using patents. These myths include “You can’t patent software”, “I have a patent on my product so I am allowed to sell my product” and “You should only get patents if you are willing (and can afford) to take someone to.
The Illusion of More
AUGUST 27, 2021
In this episode, I speak with Tom Galvin, CEO of Digital Citizens Alliance, about piracy of creative works and DCA’s latest report, issued this month in collaboration with the research group White Bullet. The report, entitled Breaking Bad(s): How Advertiser-Supported Piracy Helps Fuel a Booming Multi-Billion Dollar Illegal Market, reveals that piracy is a highly […].
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.
JD Supra Law
AUGUST 27, 2021
DATA ENGINE TECHNOLOGIES LLC v. GOOGLE LLC. Before Reyna, Hughes, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A patentee that relies on language in the preamble to successfully argue that its claims are directed to patent eligible subject matter cannot later assert that this preamble language has….
IAM Magazine
AUGUST 27, 2021
Talks between the company and an unnamed group of US-based entities are progressing well with many key points, including pricing, now agreed in principle.
JD Supra Law
AUGUST 27, 2021
On August 23rd, the Federal Circuit upheld in part and reversed in part a decision from the Patent Trial and Appeal Board’s (PTAB or Board) concerning Ethicon’s patent on a robotic surgical tool, holding that the Board’s finding of no motivation to combine is not supported by substantial evidence. In doing so, the court determined….
IP Law 360
AUGUST 27, 2021
The lawyer suing John Pierce of Pierce Bainbridge PC for poaching a client has had the door slammed shut on him once again, after a Pennsylvania federal judge declined to rethink her dismissal of the case despite claims that Pierce lied to the court to obtain that ruling.
JD Supra Law
AUGUST 27, 2021
UNIVERSAL SECURE REGISTRY LLC v. APPLE INC. Before Taranto, Wallach, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: A patentee’s reference to existing known methods and techniques in a specification, without providing technical details or unexpected results, may present patentable subject matter vulnerabilities during litigation.
IP Law 360
AUGUST 27, 2021
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nine West is trying to stop "RuPaul's Drag Race" star Nina West from registering a trademark on her name for tote bags and other items — plus six other cases you need to know.
JD Supra Law
AUGUST 27, 2021
As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server test. Andrew gives us his thoughts on recent developments and what companies may want to think about when embedding social media content (or other content) into its own.
IP Law 360
AUGUST 27, 2021
Nike Inc. is expanding its legal war against sneakers that allegedly riff on the company's famous trade dress, this time targeting a designer who Nike says ripped off the look of the Air Force 1.
JD Supra Law
AUGUST 27, 2021
Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion.
LexBlog IP
AUGUST 27, 2021
Earlier this month, Plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade secret cannabis recipes by one its former bakers, Christina Johnson. Based on the complaint, Ms. Johnson had been employed by Herbal Edibles as a baker for less than one year when she was terminated.
Trading Secrets
AUGUST 27, 2021
Earlier this month, Plaintiff Bright Side, LLC dba Herbal Edibles, a manufacturer of cannabis edibles, filed a lawsuit in New Mexico state court to enforce a 3-year non-compete and enjoin the misappropriation of its trade secret cannabis recipes by one its former bakers, Christina Johnson. Based on the complaint, Ms. Johnson had been employed by Herbal Edibles as a baker for less than one year when she was terminated.
43(B)log
AUGUST 27, 2021
U.S. Structural Plywood Integrity Coalition v. PFS Corp., No. 19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. Fla. Mar. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is a lovely example of how clear language can be deployed: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp.
The TTABlog
AUGUST 27, 2021
The TTAB (Tee-Tee-?-Bee) recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. At least one of the three refusals was reversed. Let's see how you do in predicting the results. [Answer will be found in the first comment.] In re Juice Generation, Inc. , Serial No. 88536980 (August 25, 2021) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of HI-FIBE for "Non-alcoholic beverages containing fruits and vegetables juices; sm
JD Supra Law
AUGUST 27, 2021
An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. Then, the inventor’s former company sues the inventor or the inventor’s current company for patent infringement. In response, the inventor argues that the patent for the original invention is invalid.
Fish & Richardson Trademark & Copyright Thoughts
AUGUST 27, 2021
The U.S. Court of Appeals for the Federal Circuit has overturned a California federal district court’s $1.2 billion judgment against Fish & Richardson client Kite Pharma, Inc., a Gilead subsidiary, ruling that a patent covering a form of cancer immunotherapy asserted by Bristol-Myers’s Juno Therapeutics and the Sloan Kettering Institute for Cancer Research is invalid.
Likelihood of Confusion
AUGUST 27, 2021
Photo Attorney Carolyn Wright writes: Rebecca Tushnet over at the 43Blog reports on a recent case in New York where the court determined that the use of a woman’s photograph. The post Cover me appeared first on LIKELIHOOD OF CONFUSION™.
More Than Your Mark
AUGUST 27, 2021
While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark.
LexBlog IP
AUGUST 27, 2021
Hurricane season runs from June 1 through November 30. We are currently in the peak of hurricane season, as most storms occur in August and September, and the next major storm could be right around the corner. High winds, storm surge, rising sea levels, and increased tides are just some of the concerns boaters must consider during hurricane season, and preparing your boat is one of the most important ways you can protect your asset.
JD Supra Law
AUGUST 27, 2021
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy.
LexBlog IP
AUGUST 27, 2021
The European Data Protection Board ( EDPB ) published its finalised Guidelines on the concepts of controller and processor in the GDPR (07/2020) ( Guidelines ) in July. These concepts play a crucial role in the application of the GDPR as they determine who is responsible for compliance with GDPR obligations and how data subjects can exercise their data protection rights in practice.
JD Supra Law
AUGUST 27, 2021
In our earlier blogs, we previously discussed when to file an amendment, when not to file an amendment, and the procedural guidelines for filing amendments pursuant to 35 U.S.C. § 316(d)(1). Below are four tips for improving your chances of convincing PTAB to grant a motion to amend your claims: - Participate in the PTAB’s Pilot Program: PTAB’s pilot program for amendments is optional, but it’s an option that Patent Owners must strongly consider.
IP Law 360
AUGUST 27, 2021
U.S. District Judge Rodney Gilstrap has turned down Google's efforts to throw out malware protection patents after a jury in 2017 found that the tech giant infringed them and should pay $20 million, concluding that some of Google's invalidity arguments were contradictory.
JD Supra Law
AUGUST 27, 2021
Humor and irony are outstanding tools to achieve a high level of attention, and praise be to those who can use these tools skillfully. Since parody and satire involve an imitation of style and the exposure and criticism of another person or subject, advertising with elements of parody or satire present a risk of litigation in the European Union, particularly in Germany.
IP Law 360
AUGUST 27, 2021
Dechert LLP continues to grow in California as the firm added an attorney from Paul Hastings and a former federal prosecutor to its office in San Francisco.
JD Supra Law
AUGUST 27, 2021
The PTAB’s Standard Operating Procedure 2 permits the public to submit nominations for PTAB decisions that an individual believes should be designated as precedential or informative, or to suggest that a decision previously designated as precedential or informative should no longer be designated as such. The PTAB Bar Association’s Trial Committee has developed an internal process to….
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