Plagiarism Today
MARCH 3, 2022
Last week, Retraction Watch published a guest post by Steve Haake , a professor of sports engineering at Sheffield Hallam University in the UK. In it, he tells the story of a retraction that was literally more than a decade in the making. The retraction was of a letter written by Paul McCrory and published by the British Journal of Sports Medicine (BJSM) in 2005.
Hugh Stephens Blog
MARCH 3, 2022
When it comes to online safety—or its flip side, online harms—many countries are grappling with the problem. What is the role of government in establishing guidelines and regulations for the protection of citizens, particularly vulnerable segments of the population, from a range of harms perpetrated by anti-social and even criminal elements via the internet?
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SpicyIP
MARCH 3, 2022
In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions ).
Michael Geist
MARCH 3, 2022
Last month, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs to discuss Bill S-210, a bill that aims to limit minors’ access to pornography sites by implementing age verification and website blocking requirements. I warned that face recognition technologies, which are often used for age verification, raise serious privacy risks and that website blocking would have negative consequences for freedom of expression.
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?
SpicyIP
MARCH 3, 2022
We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality.
TorrentFreak
MARCH 3, 2022
As the world’s leading free distributor of millions of oftentimes ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. While this status warms the hearts of many researchers, academics and students around the world, especially those with limited resources available to access education, Sci-Hub has also accrued many high-powered enemies.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Copyright Alliance
MARCH 3, 2022
Court Decision in Unicolors v. H&M a Boon for Individual Creators as Court Closes Administrative Loophole Used by Infringers It was about this time last year that we all were […]. The post Supreme Court (Finally) Renders a Copyright Decision That’s Not for the Birds? appeared first on Copyright Alliance.
IP Watchdog
MARCH 3, 2022
On March 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. International Trade Commission (ITC)’s determination that the civil penalty imposed on DBN Holding, Inc. and BDN LLC did not require modification or rescission following the subsequent invalidation of the asserted claims. The ITC imposed this civil penalty against DBN for violating a consent order that prohibited unfair trade acts of infringement involving the now invalidated claims.
JD Supra Law
MARCH 3, 2022
The US Court of Appeals for the Fifth Circuit determined that an automotive parts supplier did not have constitutional standing to pursue an antitrust lawsuit against standard essential patent (SEP) owners that refused to directly license SEPs to the supplier on fair, reasonable and nondiscriminatory (FRAND) terms. Continental Automotive Systems, Inc. v.
IP Watchdog
MARCH 3, 2022
With 69 new district court patent filings and 24 Patent Trial and Appeal Board (PTAB) challenges (all inter partes reviews), it was a now-routine end-of-the-month filing spree for IP Edge subsidiaries, with 23 new complaints by such entities. The PTAB dockets continue to be dominated by cases against litigation-funded entities like Magentar Capital’s Scramoge, Fortress IP’s VLSI and Jawbone, and WSOU, plus the seemingly now-regular trickle of cases between Apple and Ericsson.
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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
MARCH 3, 2022
Matt Kelly, Editor & CEO of Radical Compliance makes a strong case in this podcast for a need to reassess cyber risk. It is becoming, he says, less of a technical issue and more about how companies interact with others: Employees, contract workers, vendors and customers are all risk points for cyber intrusions. This calls for organizations to ask some key questions about outside partners: * Should they have access to the network?
Likelihood of Confusion
MARCH 3, 2022
“Failure to function as a trademark” is a favorite topic around here, and it’s getting more and more attention. Except when it’s not. What am I talking about? Even I. The post Failure to … whatever appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MARCH 3, 2022
For nearly a decade, the Supreme Court’s FTC v. Actavis decision has guided pharmaceutical litigators and advisors exploring the antitrust risks inherent in settling pharmaceutical patent lawsuits, especially when such settlements could be viewed to include large and unjustified payments to an alleged infringing ANDA filer (or biosimilar manufacturer).
Managing IP
MARCH 3, 2022
Blackbird, Dominion Harbor, Acacia, and Harfang IP say the market is hot for patent acquisitions and that litigation opportunities could soon emerge in Europe
JD Supra Law
MARCH 3, 2022
On February 28, 2022, the Patent Trial and Appeal Board (PTAB) issued a decision in Interference No. 106,115, University of California v. Broad Institute, on priority of invention for CRISPR-Cas9 gene editing methods of eukaryotic cells and genomes. The PTAB determined that The Broad Institute, Massachusetts Institute of Technology, and Presidents and Fellows of Harvard College (collectively "Broad") had priority over The Regents of the University of California, University of Vienna, and.
Nelligan Law
MARCH 3, 2022
Reading Time: < 1 minute. In late 2015 Canada introduced Operation Syrian Refugees as Canada’s response to the humanitarian crisis in Syria. Now, with reports that more than one million people are already displaced amid the situation in Ukraine, Canada has introduced immigration measures to respond to the situation. What do we know so far? Immigration Canada will urgently process new and replacement passports and travel documents for citizens and permanent residents of Canada in Ukraine, so
TorrentFreak
MARCH 3, 2022
Football is the number one sport in the UK and every week, millions of passionate fans cheer on their favorite Premier League teams. This passion comes at a price. Many top-tier games are not broadcast live to encourage stadium visits. To watch the limited matches that are available, fans have to spend roughly £100 per month on a subscription. Fans Flock to HesGoal.
IAM Magazine
MARCH 3, 2022
Survey of deals forms part of wider IAM Q1 2022 Special Report on patent transactions now available to subscribers.
The TTABlog
MARCH 3, 2022
The USPTO refused to register the proposed mark SWEET GEORGIA BROWN for "liquor," finding confusion likely with the registered mark SWEET GEORGIA BROWNS for "candy." The marks are awfully darn close, but what about the goods? How do you think this appeal came out? In re Spirits of the USA LLC , Serial No. 90460529 (March 1, 2022) [not precedential] (Opinion by Judge Robert H.
JD Supra Law
MARCH 3, 2022
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright. Second Request for Reconsideration for Refusal to Register A Recent Entrance to Paradise (Copyright Review Board Feb. 14, 2022) (S.
IP Law 360
MARCH 3, 2022
After years of false starts and hurdles that once appeared nearly insurmountable, the European Union's Unified Patent Court is set to launch in the coming months. Now, companies and attorneys face the complex task of deciding whether to opt their patents out of the new system.
Likelihood of Confusion
MARCH 3, 2022
Understanding more about your rights about the types of data being collected about you in today’s privacy sensitive age is important. Things are definitely tightening up where companies can’t collect. The post Your Privacy Rights in the Realm of Data Collection appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
MARCH 3, 2022
A Patent Trial and Appeal Board panel wrestled Thursday with an argument from Koss Corp. that evidence of nonobviousness is sufficient to overcome Apple's challenge to a patent the headphone maker says improved methods for configuring wireless devices to communicate with wireless networks.
LexBlog IP
MARCH 3, 2022
The Cybersecurity and Infrastructure Security Agency (CISA) and the FBI issued a joint advisory this week alerting organizations of destructive malware that is being used to target organizations in Ukraine, with the ongoing warnings of increased cyber-attacks against U.S. organizations. The malware, WhisperGate and HermeticWiper, is used to “destroy computer systems and render them inoperable.” According to researchers , HermeticWiper targets Windows devices.
IP Law 360
MARCH 3, 2022
Microsoft and Google are heading to the Federal Circuit next week to challenge rulings by the Patent Trial and Appeal Board that partially upheld voice technology patents that are connected to Apple’s Siri brand and now owned by a Wi-LAN subsidiary. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
43(B)log
MARCH 3, 2022
I'm very excited to announce that I've signed on to this casebook, available through Carolina Academic Press including in a more-affordable looseleaf version. I have enjoyed teaching the casebook for many years and I particularly appreciate its division of registration from infringement. I'm looking forward to working on updates (the task of the next few years, as there is a full new edition this year).
IP Law 360
MARCH 3, 2022
Hip-hop artist Drake, Young Money Entertainment, Warner Music Group and other media figures are facing another copyright suit in Louisiana federal court from a New Orleans artist who claims that they poached his instrumental beat after a similar case was dismissed.
The TTABlog
MARCH 3, 2022
The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled two (2) oral hearings for the month of March 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. March 10, 2022 - 1 PM: Creel Abogados, S.C. and Carlos Creel Carrera v. Creel, García-Cuéllar, Aiza y Enríquez, S.C. , Opposition No. 91217047 [Eight-year-old opposition to registration of CREEL for "legal services" on the grounds that the mark is
IP Law 360
MARCH 3, 2022
A Pennsylvania federal judge on Thursday denied Nike's bid for a new trial in the wake of an October jury decision finding the athletic gear giant infringed on the "cool compression" trademark owned by a Philadelphia-area sportswear company.
Patently-O
MARCH 3, 2022
by Dennis Crouch. Arthrex, Inc. v. Smith & Nephew, Inc. (Fed. Cir. 2022). In 2021, the Supreme Court sided with the patentee in holding that the AIA trial system violated the Appointments Clause of the U.S. Constitution. The Court concluded that PTAB judges were wielding the substantial power of the U.S. Gov’t by cancelling already-issued patent claims.
IP Law 360
MARCH 3, 2022
Allen & Overy has hired a longtime Latham & Watkins partner with intellectual property and trade secrets expertise to join the firm's Silicon Valley office, according to an Allen & Overy statement.
JD Supra Law
MARCH 3, 2022
Clients should be aware of a troubling trend: phishing emails disguised as legitimate DMCA Takedown Notices. Recipients of legitimate DMCA Takedown Notices will either (a) shield themselves from copyright infringement liability if they follow all of the required steps, or (b) find themselves exposed to copyright infringement liability and potentially steep money damages if they ignore one.
The IP Law Blog
MARCH 3, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss Nike’s attempt to stop StockX from selling NFT’s of Nike sneakers. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
JD Supra Law
MARCH 3, 2022
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was attributed to a finding that Samsung infringed three of Apple’s design patents for the iPhone® smartphone. Since that time, interest in design patent protection has continued to grow by all measures.
LexBlog IP
MARCH 3, 2022
Results of the PROPER study, an interim analysis assessing the safety and efficacy of switching from Abbvie’s Humira to Samsung Bioepsis’s biosimilar adalimumab product, SB5, were presented last week at the European Crohn’s and Colitis Organization’s annual meeting. SB5 received EU marketing authorization in August 2017. According to the presentation, the PROPER study was “designed to provide insights into outcomes of the transition” from Humira to SB5 “
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