IP Watchdog

SEPTEMBER 6, 2021

In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and objectives: the former being a creature of statute and case law that seeks to compensate a patent owner for infringement, whereas the latter is rooted in contract and seeks, amongst other things, to address issues of royalty stacking and discriminatory licensing.

Contracts 119

Contracts Law Patent Licensing 119

SpicyIP

SEPTEMBER 6, 2021

The End of the IPAB and Lessons on Concentration of Judicial Powers. An image saying ‘Every end is a New Beginning’ (image from here ). Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources.

Designs 113

Designs Design Inventor Trademark 113

IAM Magazine

SEPTEMBER 6, 2021

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights.

Patent Application 97

Patent Application Patent Invention Publishing 97

The Illusion of More

SEPTEMBER 6, 2021

Fundamental copyright doctrines and procedures are presently on trial in the case of SAS Institute v. World Programming Limited, now on appeal at the Federal Circuit. Suffice to say, U.S. software developer SAS alleges copyright infringement by UK developer WPL, and these entities have been litigating on both sides of the pond for many years. […].

Copyright 82

Copyright Copyright Infringement Litigation Copyright Law 82

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?

Technology

43(B)log

SEPTEMBER 6, 2021

Grasshopper House, LLC v. Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir. Aug. 20, 2021) The TMA’s injunctive relief changes are probably going to make it even more clear that courts aren’t entirely sure whether damage is part of the cause of action for false advertising; since it isn’t for trademark infringement, trademark plaintiffs never have to show damage at all to get relief and even disgorgement, which has now become much more readily avai

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Managing IP

SEPTEMBER 6, 2021

The Tenth Circuit’s analysis in Hetronic v Hetronic Germany expands a circuit split, which could lead SCOTUS to accept cert if the defendants appeal

Trademark 59

Trademark 59

IAM Magazine

SEPTEMBER 6, 2021

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights.

Patent Application 52

Patent Application Patent Invention Publishing 52

LexBlog IP

SEPTEMBER 6, 2021

As I reported back in January, there were some indications of weakening patent filings by Australian applicants in 2020. Domestic applicants filed 10% fewer Australian standard applications than in 2019. And while provisional filings overall fell by only 2%, those prepared with professional assistance – which involve greater expense, but are also far more likely to provide a sound basis for valuable future patent rights – fell by nearly 5%.

Publishing 52

Publishing Contracts Reporting Business 52

IAM Magazine

SEPTEMBER 6, 2021

Financial disclosures from four major publicly-listed patent owners suggest that their collective licensing revenues are on a downward trend.

Licensing 52

Licensing Patent Marketing Marketing 52

LexBlog IP

SEPTEMBER 6, 2021

Court Holds Fact Finders May Compare Document Versions. Over the years, the Federal Circuit has faulted the PTAB for overly rigid printed publication analysis. A recent Federal Circuit decision has provided further guidance on how the PTAB should determine what constitutes prior art in AIA trial proceedings, especially as it relates to the duties of a fact finder.

Art 52

Art Invention Inventor Copying 52

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.

Patent

Likelihood of Confusion

SEPTEMBER 6, 2021

“Opinion polls show that many consumers in Lithuania identify the pleasure of eating pizza with our trademark,” said Mindaugas Gumauskas, marketing director of the Cilija [Lithuania] company. “This makes us. The post Snort that ‘za appeared first on LIKELIHOOD OF CONFUSION™.

Marketing 40

Marketing Marketing Trademark 40

LexBlog IP

SEPTEMBER 6, 2021

Willie Wonka famously said that invention is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple. South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. (South African issued Patent No. 2021/03242 earlier this year on an AI invention; and in August 2021, and an Australian Judge ruled in Thaler v.

Inventor 40

Inventor Invention Ownership Patent Law 40

Delaware Intellectual Property Litigation Blog

SEPTEMBER 6, 2021

Happy Labor Day!

False Advertising 78

False Advertising Advertising Advertising Intellectual Property 78

IAM Magazine

SEPTEMBER 6, 2021

Financial disclosures from four major publicly-listed patent owners suggest that their collective licensing revenues are on a downward trend.

Licensing 40

Licensing Patent Marketing Marketing 40

LexBlog IP

SEPTEMBER 6, 2021

Happy Labor Day!

Intellectual Property 52

Intellectual Property 52

TorrentFreak

SEPTEMBER 6, 2021

There are thousands of pirate sites online today and many more have come and gone over the years. In their own way, most are loved by their specific audiences but few reach achieve truly iconic status. Due to its colorful history and original ethos that information wants to be free, The Pirate Bay is an obvious outlier but there is another site, one that has managed to capture the imaginations of an even broader audience seeking access to learning and knowledge.

Publishing 145

Publishing Intellectual Property Copyright 145

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat. A few years later, when Plaintiffs were still in high school, links to the Videos were posted on Twitter.

Blogging 107

Blogging Publishing Social Media Advertising 107

TorrentFreak

SEPTEMBER 6, 2021

Earlier this year, Germany’s largest Internet providers agreed to voluntarily block pirate sites as part of a deal they struck with copyright holders. These blockades, which are put in place following a thorough vetting process, are generally implemented on the DNS level. This is a relatively easy option, as all ISPs have their own DNS resolvers.

Music 133

Music Copyright Copyright Infringement Copying 133