TorrentFreak

NOVEMBER 4, 2021

At the beginning of 2021, anti-piracy group Rights Alliance declared victory over piracy services in Denmark after a major push to wipe out the big players. In October 2020, private torrent tracker DanishBits went offline after the 33-year-old owner was arrested in Morocco. He was later sentenced to a year in prison. NordicBits was also taken down after its 69-year-old owner was arrested in Spain.

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Copyright Infringement Copyright Reporting Law 136

IP Watchdog

NOVEMBER 4, 2021

Is patent litigation out of control? Has patent litigation ever been out of control? The answers to these questions largely depend upon your point of view, and as with most complex topics, the truth is nuanced. What is not nuanced are the numbers reported in the annual reports from the Administrative Office of the United States Courts, which shows that the number of patent cases that reach trial are extremely few.

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Litigation Patent Reporting Intellectual Property 119

IPilogue

NOVEMBER 4, 2021

Photo by Tyler Nix ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . What happened? . Kelly Knievel, the son of infamous motorcycle stuntman Evel Knievel, brought a trademark infringement action against Walt Disney Studios Motion Pictures for their character “Duke Caboom” featured in Toy Story 4.

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Trademark Intellectual Property Business Advertising 111

TorrentFreak

NOVEMBER 4, 2021

In just a few years, New York lawyer Richard Liebowitz filed over a thousand copyright infringement lawsuits. The vast majority of these cases were filed on behalf of photographers who accuse companies, including mainstream media outlets, of using their photos without permission. When we first spotted this emerging trend in 2016, Liebowitz told us that he was helping independent photographers to protect their rights.

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Copyright Law Copyright Infringement Copying 106

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

Copyright Alliance

NOVEMBER 4, 2021

This week we would like to introduce you to police officer turned novelist Ron Alvarez. You can visit Ron’s IP investigations and protection blog called IP Probe. Ron’s most recent […]. The post Creator Spotlight with Novelist Ron Alvarez appeared first on Copyright Alliance.

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Blogging IP Copyright 98

IP Law 360

NOVEMBER 4, 2021

Google is set to go before a Texas federal jury in U.S. District Judge Alan Albright's courtroom in Waco next week, fighting claims that its unit YouTube infringed a company's video streaming patent. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Intellectual Property Patent IP 98

IP.com

NOVEMBER 4, 2021

R&D teams face what, at first glance, seems like an impossible challenge. They must invent solutions to the problems their customers, coworkers, and industry face. These innovations should be novel. The post Systematic Innovation: More Than an “Aha!” Moment appeared first on IP.com - IP Innovation and Analytics.

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Invention IP 97

JD Supra Law

NOVEMBER 4, 2021

Case Name: Belcher Pharms., LLC v. Hospira, Inc., Nos. 2020-1799, 2021 WL 3889810 (Fed. Cir. Sept. 1, 2021) (Circuit Judges Reyna, Taranto, and Stoll presiding; Opinion by Reyna, J.) (Appeal from D. Del., Stark, J.) - Drug Product and Patent(s)-in-Suit: Epinephrine; U.S. Patent No. 9,283,197 (“the ’197 patent”) - Nature of Case and Issue(s) Presented: Hospira submitted a NDA seeking approval to market injectable epinephrine, which included a “paragraph IV” certification that the ‘’197 patent.

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Marketing Marketing Patent 98

The Illusion of More

NOVEMBER 4, 2021

I asked the question in 2014: are we confused by the “Buy” button when purchase digital media? And the issue is raised again in the class action suit against Apple earlier this year, which alleges that consumers are unsure enough about what it means to “buy” digital goods that online retailers should be held responsible […]. The post Apple Class Action Suit Reprises the “Digital First Sale” Conversation appeared first on The Illusion of More.

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Copyright 71

JD Supra Law

NOVEMBER 4, 2021

In the recent case of Alalaakkola v Palmer [2021] NZHC 2330, the High Court ruled that copyright in paintings is “relationship property”, and therefore can be divided as property between separated partners at the end of a marriage as opposed to simply vesting in the creator of the paintings.

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Copyright Art 97

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

IP Law 360

NOVEMBER 4, 2021

A California federal jury delivered a total loss to Atari on Thursday in its lawsuit alleging Redbubble sold merchandise with images stolen from its signature games like Pong and Asteroids, finding the online marketplace did not infringe any of the video game maker's intellectual property.

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Intellectual Property IP 75

JD Supra Law

NOVEMBER 4, 2021

Doctrine of equivalents (DOE) can be applied as a mechanism to hold a party liable for patent infringement even if the product or process does not literally infringe a patent claim, if the difference is “insubstantial”. Warner-Jenkinson Co. v. Hilton Davis Chem. Co. (1997) Findings of infringement under DOE, particularly in biotechnology related cases, have….

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Patent Infringement Patent 95

IP Law 360

NOVEMBER 4, 2021

One explanation for why video game patent enforcement is declining may be that the abstract idea doctrine presents substantive and procedural hurdles, but changes in patent eligibility jurisprudence could prompt a reversal of that trend, says Forrest McClellen at Armond Wilson.

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Patent 75

IP Watchdog

NOVEMBER 4, 2021

Gerben Perrott PLLC, a boutique Washington DC-based trademark and copyright law firm, is looking to add a full-time, permanent, remote Trademark Attorney to their team and is interested in candidates with 3-5+ years of experience in trademark matters.

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IP Law 360

NOVEMBER 4, 2021

A Delaware federal jury has found that microphone maker ClearOne did not infringe a microphone array design patent owned by rival Shure Inc., while also finding the entire patent wasn't valid to begin with.

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Design Patent Patent Designs Design 75

The IPKat

NOVEMBER 4, 2021

Hope all of you Katfriends have had a happy Halloween! Now that everyone is no longer trapped in a haunted house, the Kats are here to give you an update from around the IP world. Trade Marks GuestKat Riana Harvey discussed a recent decision from the English Intellectual Property Enterprise Court. In considering the defendant’s counterclaim for passing off, the court quantified the use of the defendant’s mark with regards to its business which targeted a fairly niche audience, smaller than those

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Intellectual Property Reporting Copyright Law Invention 67

IP Law 360

NOVEMBER 4, 2021

A New York federal judge preliminarily blocked PepsiCo from using the challenged "Mtn Dew Rise Energy" mark in marketing a recently launched canned energy drink Thursday while it fights a coffee company's trademark infringement claims.

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Marketing Marketing Trademark 75

IP Watchdog

NOVEMBER 4, 2021

In a letter provided last week to members of the National Council for Expanding American Innovation (NCEAI), Secretary of the U.S. Department of Commerce Gina Raimondo announced her role as Chair of the Council for Inclusive Innovation (CI2). I congratulate the Secretary for this extremely important role. Innovation should have no barriers, and both of these—a) innovation and b) the breaking down of unjust barriers—stand at the root of America’s success and identity.

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Inventor Government Intellectual Property Patent 64

Trading Secrets

NOVEMBER 4, 2021

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here , Peloton is no stranger to trade secret litigation. Peloton recently won dismissal of a “mirror image” declaratory judgment counterclaim asserted against it by rival ICON Health (“ICON”) in a Defend Trade Secrets Act (“DTSA”) matter pending in the United States District Court for the District of Delaware.

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Advertising Advertising Litigation Contracts 59

IP Watchdog

NOVEMBER 4, 2021

It was another banner week in district court complaints, led primarily by a deluge of new IP Edge complaints—49 in all, by my count—including newer subsidiaries (like Wiesblatt Licensing or Hickory IP) and old mainstays like Moxchange and Tunnel IP (over a dozen entities in total). At this point in 2021, IP Edge has filed at least 519 known suits via non-practicing entity (NPE) vehicles (more by various counts); it is by far the highest aggregate filer of all time, and of this year.

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Litigation IP Patent Licensing 59

JD Supra Law

NOVEMBER 4, 2021

Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. Applying such principles, the US Court of Appeals for the First Circuit vacated a district court’s damages award of more than $1 million under a patent license agreement, finding that the release clause in a settlement agreement wiped out the licensee’s obligation to pay royalties and sublicense fees for use and sale that occurred.

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Government Contracts Settlement Licensing 55

IP Law 360

NOVEMBER 4, 2021

Fenwick & West LLP has added two partners from Morrison & Foerster LLP and Dechert LLP to its intellectual property practice in New York and San Francisco, the firm has announced.

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Intellectual Property IP 52

JD Supra Law

NOVEMBER 4, 2021

Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply witness.” In Satco Products, Inc. v. Seoul Semiconductor Co., LTD., (IPR2020-00836).

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Patent 55

LexBlog IP

NOVEMBER 4, 2021

An interesting suit was filed on October 27 in the Northern District of Ohio by the Guardians Roller Derby team against the Cleveland Guardians Baseball Company f/k/a the Cleveland Indians. After 105 years, the Cleveland Indians decided to change their name to the Cleveland Guardians. If the Complaint is to be believed, they did so with full knowledge of another Cleveland sports team already using the name: the Cleveland Guardians roller derby team.

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IP and Legal Filings

NOVEMBER 4, 2021

With a ruling on a 3D shape mark, the European Court of Justice ruled on 3d mark lipstick. The court ruled that it’s not about novelty or originality or even the quality design, which leads to distinctiveness, it’s about an unusual visual effect. With more three-dimensional trademarks becoming popular for packaging, the application for registering the design is increasing.

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Designs Design Registration Trademark 52

LexBlog IP

NOVEMBER 4, 2021

Recently, both Australia and New Zealand have reached ‘agreement in principle’ on proposed free trade agreements (FTAs) with the UK. Details of the Australia-UK agreement in principle can be found on the Australian Department of Foreign Affairs and Trade (DFAT) website , while the NZ-UK agreement in principle is available from the NZ Foreign Affairs and Trade website.

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Designs Design Registration Patent Law 52

IP Law 360

NOVEMBER 4, 2021

The Federal Circuit on Thursday backed a Patent Trial and Appeal Board ruling that struck down a circuit patent owned by North Star Innovations Inc., rejecting arguments that the board misinterpreted key terms in the patent.

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Patent 52

LexBlog IP

NOVEMBER 4, 2021

On November 2, Senator Thom Tillis—the ranking member of the Senate Judiciary Committee’s Subcommittee on Intellectual Property—sent a letter to acting PTO Director Andrew Hirshfeld expressing concern about the PTAB’s use of “unrealistic” trial schedules to guide institution denials under Apple v. Fintiv. We recently reported our own analysis concluding that approximately 94% of the trial dates the Board relied upon in Fintiv denials issued between May and Oct

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Intellectual Property Reporting 52

Likelihood of Confusion

NOVEMBER 4, 2021

Never mind where they said it would be. It’s here! It’s here! (And that’s why you can’t rely on Blogger.) Originally posted 2011-02-15 13:30:03. Republished by Blog Post Promoter. The post Blawg Review is here! appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

JD Supra Law

NOVEMBER 4, 2021

The case concerns three Stanford patents licensed and asserted by CareDx: U.S. Patent Numbers 8,703,652 (asserted against Natera and Eurofins), and 9,845,497 and 10,329,607 (asserted against Natera). Natera and Eurofins each filed motions for summary judgment of invalidity of the asserted patents under 35 U.S.C. § 101, which the Court initially denied in December 2020.

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Licensing Patent 52

The IP Law Blog

NOVEMBER 4, 2021

Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content, it doesn’t always mean what it says. Apple, Amazon Prime, and other streaming companies offer consumers the option to “buy” or “purchase” content for a fixed price.

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JD Supra Law

NOVEMBER 4, 2021

This issue of The PTAB Review begins with a brief summary of changes to America Invents Act (AIA) trials recently proposed in Congress. It then explores a recent Federal Circuit decision rejecting arguments that the Patent Trial and Appeal Board (PTAB) is structurally biased in favor of institution. Next, it provides a cautionary discussion about evidence selection and rules.

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Invention Patent 52

LexBlog IP

NOVEMBER 4, 2021

Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content, it doesn’t always mean what it says. Apple, Amazon Prime, and other streaming companies offer consumers the option to “buy” or “purchase” content for a fixed price.

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False Advertising Advertising Advertising Licensing 52

JD Supra Law

NOVEMBER 4, 2021

Addressing for the first time Article III standing in a trademark case, the US Court of Appeals for the Federal Circuit held that hypothetical future injury is insufficient to establish standing to oppose a trademark application. Brooklyn Brewery Corp. v. Brooklyn Brew Shop, LLC, Case No. 20-2277 (Fed. Cir. Oct. 27, 2021) (Dyk, J.).

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Trademark 52

LexBlog IP

NOVEMBER 4, 2021

A recent case from the Sixth Circuit, addressing a source code agreement, highlights the importance of carefully specifying what happens to source code (and the trade secrets therein) after breach of the agreement. In Epazz, Inc. v. National Quality Assurance USA, Inc. , [1] the Sixth Circuit affirmed the district court’s decision that a software licensee did not misappropriate a trade secret of the licensor when the licensee acquired the source code from an escrow agent, because the plain

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Licensing Confidentiality Contracts Registration 52