TorrentFreak

AUGUST 20, 2021

Millions of people around the world use pirate apps on their mobile devices to stream TV-shows and movies. This is a problem for copyright holders, which have tried to tackle the problem in recent years, both in and outside of court. Hawaiian attorney Kerry Culpepper has been particularly active on the legal front. Representing a variety of movie companies, he has gone after users, site operators, and developers connected to Popcorn Time, Showbox, and other apps.

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Settlement Copyright Copyright Infringement Copying 145

JD Supra Law

AUGUST 20, 2021

Overview - It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy. As these scams become more common, all trademark owners should be aware of how to recognize and avoid them.

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Branding Brands Branding Ownership 145

TorrentFreak

AUGUST 20, 2021

Game developer Bungie is continuing its legal battle against businesses and individuals who develop and distribute cheats for its popular multiplayer game Destiny 2. Last month the company filed a lawsuit in a California district court targeting people behind the Ring-1 cheating operation and in a Washington court yesterday, filed three more lawsuits targeting three additional cheat distributors.

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Copyright Infringement Copyright Derivative Work Artwork 142

IP Watchdog

AUGUST 20, 2021

The U.S. Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s design patents would have been obvious over the prior art. The CAFC held that the designs were obvious because Gamon did not prove a nexus between commercial success and the claims, and because the evidence of Trinity’s copying did not ov

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Design Patent Patent Designs Design 126

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

JD Supra Law

AUGUST 20, 2021

A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. In this Industry Snapshot, we review the cannabis plant patents issued by the U.S. Patent Office between December 20, 2016 and June 29, 2021.

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Patent Inventor Invention 117

IP Watchdog

AUGUST 20, 2021

This week in Other Barks & Bites: the Federal Circuit issues decisions reversing the PTAB’s nonobviousness ruling on soup dispenser design patent claims challenged by Campbell Soup and finding that the USPTO cannot recoup expert witness fees from patent applicants filing Section 145 lawsuits; USPTO General Counsel David Berdan to step in for Coke Stewart in performing duties of Deputy Director; Chinese tech firm Tencent says its online subscriptions won’t be harmed by a recent copyright edi

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Design Patent Designs Design Music 105

The Illusion of More

AUGUST 20, 2021

On March 23, 2020, the Supreme Court remorsefully found in Allen v. Cooper that its own precedents obligated it to affirm that states are immune from federal litigation in claims of copyright infringement. On September 4, 2020, plaintiff Rick Allen filed a motion to reconsider the North Carolina district court’s 2017 dismissal of his takings […].

Copyright Infringement 104

Copyright Infringement Litigation Copyright Copyright Law 104

The IP Law Blog

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.

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Trademark Blogging IP Law 104

More Than Your Mark

AUGUST 20, 2021

Three-dimensional (“3-D”) printing is an innovative way to make products without the expense of machinery in factories. At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The process of laying down one layer of material at a time to build the final product is also called additive manufacturing.

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Intellectual Property Designs Design Invention 98

JD Supra Law

AUGUST 20, 2021

On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding but sought to clarify its reasoning. GlaxoSmithKline v. Teva.

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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

Velocity of Content

AUGUST 20, 2021

E-newsletter platform Substack has already made its mark on the media business , but will it do the same for book publishing ? Authors including Elle Griffin , John McWhorter , Maggie Stiefvater , and Matt Taibbi use Substack to serialize new books or publish short stories exclusive to their subscription newsletter audiences. Now Anand Giridharadas , an editor-at-large for Time and political analyst for MSNBC, is getting into the game with a plan to serialize the first two chapters o

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Publishing Business Licensing Copyright 98

Nelligan Law

AUGUST 20, 2021

It’s that time of year—the leaves are changing and lawns everywhere are covered in blue/red/orange/green signs—we know what that means, it’s Election Season. It is important for employees and employer to remember that time must be provided to employees in order to cast their vote. As per the Canadian Elections Act, employees are entitled to. Read more » The post Do I get time off work to vote?

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Law 88

JD Supra Law

AUGUST 20, 2021

Prosperity and advances in technology, the hallmarks of the second half of the twentieth century, have been the primary drivers of CO2 emissions. The sustained human activity-driven release of greenhouse gases is the main reason attributed to the rise in global temperatures. To address climate change, the United Nations established the Paris Agreement (Nov. 2016), setting a target, limiting average warming to 2°C (pre-industrial level), urging the world to urgently reduce emissions.

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Patent Technology 73

Managing IP

AUGUST 20, 2021

In Managing IP’s first corner office podcast, Bryan Zielinski talks about his company’s IP challenges and opportunities, AI, and more

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IP Patent 84

IP Law 360

AUGUST 20, 2021

Regeneron Pharmaceuticals Inc. wants a New York federal judge to toss a suit claiming it used poached technology in its development and testing of COVID-19 vaccines and treatments, saying the company is protected by a legal safe harbor.

Patent 75

Patent Technology 75

43(B)log

AUGUST 20, 2021

Concordia Pharmaceuticals Inc., S.À.R.L. v. Winder Laboratories, LLC, 2021 WL 3573118, No. 16-cv-00004-RWS (N.D. Ga. Feb. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Winder makes generics. When the FDCA was amended to require proof of efficacy, FDA began an administrative process called the Drug Efficacy Study Implementation (DESI) to retroactively evaluate prescription dru

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False Advertising Advertising Advertising Marketing 59

The TTABlog

AUGUST 20, 2021

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment]. In re Draion M. Burch DO Inc. , Serial No. 888603134 (August 17, 2021) [not precedential] (Opinion by Judge Frances S.

Copyright 59

Copyright 59

JD Supra Law

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’.

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Trademark Blogging IP Law 55

IP Law 360

AUGUST 20, 2021

A Federal Circuit decision that patent eligibility determinations can involve questions for juries hasn't yet led to many instances of jurors delving into the issue, but attorneys expect that will change once trials ramp up — and that it could prove to be a winning argument for defendants.

Patent 58

Patent 58

JD Supra Law

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to it’s alleged likeness to it’s own trademarks, ‘March Mayhem’ and ‘March Madness.’.

Trademark 55

Trademark Blogging IP Law 55

Nelligan Law

AUGUST 20, 2021

Reading Time: 2 minutes. It’s that time of year—the leaves are changing and lawns everywhere are covered in blue/red/orange/green signs—we know what that means, it’s Election Season. It is important for employees and employer to remember that time must be provided to employees in order to cast their vote. Employees are entitled to three consecutive hours to vote during voting hours on polling day.

Law 52

Law Blogging 52

JD Supra Law

AUGUST 20, 2021

HYATT v. HIRSHFELD - Before Moore, Reyna, and Hughes. Appeals from the United States District Court for the District of Columbia.

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IAM Magazine

AUGUST 20, 2021

Saturday Opinion: the United States should be investing in people and infrastructure to enable the production of critical technologies at home, argues Arvin Patel of Intellectual Ventures.

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Technology Marketing Marketing Blogging 52

LexBlog IP

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’ Watch the full episode on the Weintraub YouTube channel, here.

Trademark 52

Trademark Blogging IP Law 52

IAM Magazine

AUGUST 20, 2021

Saturday Opinion: the United States should be investing in people and infrastructure to enable the production of critical technologies at home, argues Arvin Patel of Intellectual Ventures.

Technology 52

Technology Marketing Marketing Blogging 52

JD Supra Law

AUGUST 20, 2021

In earlier blogs, we discussed when to amend and when not to amend claims in an inter partes review (“IPR”) pursuant to 35 U.S.C. § 316(d)(1). Below are guidelines on the procedural aspects of filing a motion to amend claims. Motions to amend must meet the statutory and regulatory requirements set forth in 35 U.S.C. § 316(d) and 37 C.F.R. § 42.121.

Intellectual Property 52

Intellectual Property Blogging Patent 52

Indiana Intellectual Property Law

AUGUST 20, 2021

Indianapolis, Indiana – Apparently, Amy Haehl (“Haehl”), the Plaintiff, is a nationally renowned photography that promotes her work through her photography studio, Coffee Creek Studio. Haehl claims she first gained national notoriety in 2018 after she recreated scenes from “A Christmas Story” featuring a baby wearing pink bunny pajamas. Her work has apparently been featured on “Fox & Friends” and the websites for the “Today” show and “Good Morning America.”.

Copyright Infringement 52

Copyright Infringement Copyright Copyright Notice Editing 52

JD Supra Law

AUGUST 20, 2021

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB, district court, and Federal Circuit decisions relating to emerging post-grant issues.

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Litigation Designs Design Patent 52

The IPKat

AUGUST 20, 2021

Trade mark-focused IPKat readers are well familiar with the SkyKick legal saga, which also included a reference to the Court of Justice of the European Union [Katposts here ]. Recently, the Court of Appeal of England and Wales delivered its own ruling on the matter. Former GuestKat Darren Meale (Simmons & Simmons) analyses the judgment for us. Here's what Darren writes: SkyKick’s back with a bad faith shocker from the Court of Appeal of England and Wales by Darren Meale SkyKick has fought a

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Branding Brands Branding Registration 73

JD Supra Law

AUGUST 20, 2021

How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. A new company is formed, Company B, a Texas LLC. Company B has the same corporate address in North Carolina and the same five shareholders as Company A.

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Business Law Patent 52

IAM Magazine

AUGUST 20, 2021

Inbound patent applications from China's mainland nearly quadrupled in 2020, with Tencent and Alibaba leading the way as digital payments take off in the city.

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Patent Application Patent Marketing Marketing 52

43(B)log

AUGUST 20, 2021

Three very similar cases involving the same plaintiff. Roof Maxx Technol., LLC v. Holsinger, 2021 WL 3617153, No. 2:20-cv-03154 (S.D. Ohio Aug. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend the life of the shingles.” It enters into dealership agreements, often geographically exclusive, around the country.

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False Advertising Advertising Advertising Patent 45

Managing IP

AUGUST 20, 2021

Managing IP rounds up the latest patent, trademark and copyright news, including some stories you might have missed

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IP Trademark Copyright Patent 52

Likelihood of Confusion

AUGUST 20, 2021

… for Patent Examiners. Trademark practitioners are, however, still stuck with it and its unpredictable effects. Originally posted 2014-08-07 16:31:44. Republished by Blog Post Promoter. The post No more Wikipedia… appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Trademark Patent 40

IP Law 360

AUGUST 20, 2021

The Eleventh Circuit ruled Friday that a Venezuelan court-appointed oversight board has control over the country's LaTele network in its long-running copyright fight with U.S.-based Spanish-language network Telemundo, rejecting former LaTele president Fernando Fraiz's appeal that he is still the sole owner and chief executive of the network's parent companies.

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Copyright 40