Tue.Aug 31, 2021

article thumbnail

Katcall: Openings for GuestKats and InternKats!

The IPKat

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions will last six months, and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.

Blogging 145
article thumbnail

What Happens When Appealing a Trademark Refusal to the TTAB

Erik K Pelton

Every year there are probably hundreds if not thousands of trademark appeals filed. When can you appeal? How long does it take? And why the increase in such appeals. Erik explains the nuts and bolts of appeals to the Trademark Trial and Appeal Board and explains why the best appeals are planned before the appeal begins. The post What Happens When Appealing a Trademark Refusal to the TTAB appeared first on Erik M Pelton & Associates, PLLC.

Trademark 113
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

ACE/MPA Shut Down Yet More Pirate IPTV & Illegal Streaming Services

TorrentFreak

There is an old adage in piracy circles suggesting that when one piracy service is shut down, several more appear in their place. This so-called ‘hydra’ analogy is often cited to suggest that enforcement is futile but that doesn’t deter anti-piracy groups. In particular, the Alliance for Creativity and Entertainment, the global coalition featuring some of the world’s most powerful movie, TV show and content distribution companies, is continuing its quest to shut down as m

Reporting 130
article thumbnail

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. McGucken v. Pub Ocean : McGucken is an accomplished photographer.

Fair Use 129
article thumbnail

Software Composition Analysis: The New Armor for Your Cybersecurity

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?

article thumbnail

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

IP Watchdog

The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the district court’s jury instructions, declaratory judgment or evidentiary rulings, and rejecting HTC Corporation’s allegations that Ericsson had breached its contractual obligation to offer a license on fair, reasonable, and non-discriminatory (FRAND) terms.

Licensing 127
article thumbnail

Second Circuit Resoundingly Rejects Broad Application of Google v. Oracle

Copyright Alliance

Leading up to the Supreme Court’s Google v. Oracle decision in April, some were hoping for a game-changing outcome that would alter the course of copyright’s fair use doctrine. But […]. The post Second Circuit Resoundingly Rejects Broad Application of Google v. Oracle appeared first on Copyright Alliance.

Fair Use 117

More Trending

article thumbnail

Filmmakers Request U.S. Blocking Order Against Popcorn Time Domains

TorrentFreak

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Legal Issues. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

Trademark 115
article thumbnail

A Pandemic Can’t Stop Bayh-Dole—But Politicians Might

IP Watchdog

What would you say about a technology commercialization system that kept on performing even through the worst pandemic in over a century? How about if it improved its performance over the previous year and was a critical factor in developing desperately needed therapies to protect people around the world? Would it seem reasonable that this was something that all of us should highly value and want to protect?

article thumbnail

Traditional Knowledge and Conservation of Biodiversity

Kashishipr

The sustainable protection of biodiversity, including natural resources like forests, water, and agro-ecosystems, is recognized as a vital subject matter attracting the provisions of protection through the means of ‘Traditional Knowledge.’ Traditional knowledge plays a significant role in the preservation of biodiversity and the face of contemporary challenges of eroding resources and declining ecosystem service due to constant fear and threat from unprecedented growth and consumeris

article thumbnail

Copyrightability of a Programming Language

Patently-O

by Dennis Crouch. This is a follow-up post on the pending SAS v. WPL appeal before the Federal Circuit. The focus of the case is copyrightability of the SAS statistical software and its outputs. SAS argues that it made a “plethora of creative choices” in developing its material, and that creativity is more than sufficient to satisfy the originality requirements of copyright law.

Copyright 109
article thumbnail

IPO Diversity in Innovation Toolkit

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.

article thumbnail

Second Circuit: Trademark Agreements Restricting Keyword Advertising Are Not Anti-Competitive

JD Supra Law

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising. On June 11, 2021, the Second Circuit reversed the Federal Trade Commission’s Final Order that 1-800 Contact’s entry into and enforcement of trademark settlement agreements (Agreements) violated Section 5 of the FTC Act, 15 U.S.C. § 45.

article thumbnail

Relying on Solar Power Requires an Innovative Approach to Recycling

IP.com

By 2050, the International Renewable Energy Agency predicts that solar power will account for 25% of the world’s energy. The photovoltaic (PV) cells and modules that provide this power have. The post Relying on Solar Power Requires an Innovative Approach to Recycling appeared first on IP.com - IP Innovation and Analytics.

IP 97
article thumbnail

Words Matter: Specification’s Narrow Description Limited Patent Scope/Protection

JD Supra Law

In Wastow Enterprises, LLC v. TruckMovers.com, Inc. the Federal Circuit held the patent claims were limited to a universal folding boom trailer because the specification, including the title, referred to the “present invention” as including this limitation.

Patent 97
article thumbnail

Notice regarding "IPKat in conversation with Mr. Daren Tang, Director General of WIPO: 'We are on the cusp of something different' "

The IPKat

Dear Kat readers An incorrect version of the post, "IPKat in conversation with Mr. Daren Tang, Director General of WIPO: 'We are on the cusp of something different' ", was published earlier today. The correct version of the post now appears.

article thumbnail

Patent Protection on AI Inventions

JD Supra Law

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. Most of the AI components have experienced explosive growth in the past decade, especially in the areas of planning/control and knowledge processing (e.g., using big data in automated systems).

article thumbnail

Damage to the Global Economy From Counterfeit Goods Exceeds $300 Billion; Risk of Injury, too

IP Close Up

Counterfeit goods caused an estimated $323 billion of damage to the global economy in 2018, a conservative estimate. These fake products, according the the Visual Continue reading.

Copying 81
article thumbnail

[Audio] The History and Growth of Research Institutions, with Special Guest Brian Darmody from the Association of University Research Parks

JD Supra Law

his episode is the first of a new podcast series, where we will visit with different leaders striving to grow economic development in their areas or regions of interest. We will be discussing new initiatives, new models, the interest and investment in Technology Parks, Incubators and Accelerators as well as other creative economic development platforms being implemented throughout the country within public and private initiatives.

article thumbnail

Scholarly Reading – Where We’ve Been and Where We’re Heading

Velocity of Content

With cutting-edge, clock-racing research often in the news, the public is undoubtedly paying more attention to scientific literature than in previous generations. After all, before information was readily available on our devices, researchers were tasked with sifting through large volumes of information in print, usually inaccessible to the average person.

article thumbnail

Still True: Name of the Game is the Claim

Patently-O

Data Engine Techs v. Google ( Fed. Cir. 2021 ). This is an old-school claim construction case. The district court narrowly construed DET’s claim term “three-dimensional spreadsheet” and consequently ruled that Google does not infringe. On appeal, the Federal Circuit has affirmed. DET’s invention here is mainly about adding tabs to a spreadsheet to make it “three dimensional.” In a prior decision, the Federal Circuit found the claims patent-eligible. ̶

article thumbnail

JOB OPPORTUNITY – Innovation Canada’s IP Directorate / Possibilité d’emploi – la Direction de la PI d’Innovation Canada

IPilogue

. The following job opportunity was shared with us by Innovation, Science and Economic Development Canada. IP Osgoode is not involved in the hiring process, but we hope to reach eligible and interested members of our community. Do you have knowledge and experience in the intellectual property (IP) field? Are you interested in helping federal organizations maximize benefits from IP through a range of programs, initiatives and policies?

IP 75
article thumbnail

5th Circ. Affirms Ericsson's FRAND Win Over HTC

IP Law 360

A Fifth Circuit panel on Tuesday rejected an appeal from HTC seeking to overturn a jury's finding that Ericsson offered the handset maker fair terms on licenses for standard-essential patents covering cellular technology, ruling that the jury was adequately informed on the value of Ericsson's patents.

article thumbnail

IPKat in conversation with Mr. Daren Tang, Director General of WIPO: "We are on the cusp of something different"

The IPKat

IPKat recently interviewed Mr. Daren Tang, the Director General of WIPO since October 1, 2020. Mr. Tang came to WIPO after serving at the Intellectual Property Office of Singapore (IPOS) for seven years, first as Deputy Chief Executive (three years) followed by four years in the role of Chief Executive. What follows is a report of that interview. IPKat —One of things that struck IPKat as it followed your tenure at IPOS was the public attention that you gave to the importance of IP as valuable co

IP 67
article thumbnail

9th Circ. Nixes BladeRoom's $77M IP Win Over Facebook Deal

IP Law 360

The Ninth Circuit on Monday wiped out BladeRoom's $77.4 million trial verdict over Emerson Electric's alleged use of stolen trade secrets to win a lucrative Facebook contract, finding a California district court misinterpreted the expiration date of a confidentiality agreement at the heart of the case.

article thumbnail

Robinhood's newsletter isn't commercial advertising

43(B)log

Jackson v. Robinhood Markets, Inc., 2021 WL 2435307, No. 21-cv-02304-LB (N.D. Cal. Jun. 15, 2021) Jackson, known professionally as Ice Cube, sued after Robinhood used his image and a paraphrase of a line from his song “Check Yo Self” to illustrate an article that it published about a market correction for tech stocks. In Robinhood’s hands, “Check yo self before you wreck yo self,” became “Correct yourself before you wreck yourself.

article thumbnail

Twitter's IP Suit Tossed After Voip-Pal Promises Not To Sue

IP Law 360

A California federal judge has dismissed Twitter's suit seeking a declaration that it hasn't infringed a call-routing patent, ruling that Voip-Pal's covenant not to file a lawsuit against the social media giant over the patent wipes out the court's subject-matter jurisdiction in the case.

article thumbnail

Renting legitimate goods isn't actionable, at least with disclaimer

43(B)log

Proactive Environmental Products Int’l, LLC v. Pine Environmental Servs., LLC, No. 8:21-cv-250-CEH-CPT, 2021 WL 3025481 (M.D. Fla. May 20, 2021) (R&R) Proactive alleged that Pine infringed registered trademarks associated with Proactive’s groundwater sampling pumps and their components and engaged in counterfeiting. “Until recently, Pine served as one of Proactive’s licensed distributors for the pumps.

article thumbnail

TV Streamer Locast Loses Key Ruling In Battle With Networks

IP Law 360

A federal judge on Tuesday sided with the major television networks and ruled that a free streaming service called Locast was not covered by an obscure copyright provision that allows nonprofit services to boost broadcast signals.

article thumbnail

TTAB Posts September 2021 (Video) Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled six (VI) oral hearings for the month of September 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. September 8, 2021 - 10 AM: Joshua S. Schoonover v. The Burton Corporation , Cancellation No. 92067794 [Petitioner for cancellation of registration s for the mark FORUM for clothing and snowboards, on the ground of abandonment.

article thumbnail

Model's $1.2M Suit Against Manager Tossed From Ga. Court

IP Law 360

Model and actress Karrueche Tran didn't properly serve her ex-manager and his company with a $1.2 million lawsuit alleging that he failed to pay a royalty settlement, a Georgia state court judge found in dismissing the case.

article thumbnail

Arthrex's Fallout - How is the Supreme Court Decision Affecting Appeals?

JD Supra Law

The Supreme Court rendered its decision in Arthrex v. Smith & Nephew back in June and now the impact of that decision is becoming more clear. Arthrex had challenged the constitutionality of the appointment of administrative patent judges (APJs) who make up the Patent Trial and Appeal Board (PTAB). The Court determined that, in order for the appointment of APJs to be constitutional, the decisions rendered by APJs must be subject to review by the Director of the USPTO.

Patent 55
article thumbnail

Fish & Richardson Secures Precedential Damages Win for Micron Technology in Federal Circuit Appeal

Fish & Richardson Trademark & Copyright Thoughts

The Federal Circuit issued a precedential ruling in favor of Fish & Richardson client Micron Technology, Inc., affirming a lower court ruling that excludes testimony from a damages expert regarding a reasonable royalty calculation in a patent dispute over semiconductor memory technology. The Federal Circuit’s opinion affirms a U.S. District Court for the Northern District of California judge’s ruling that excluded MLC Intellectual Property’s damages expert’s testimony before a 2019 trial aga

article thumbnail

Prosecution Pointer 292

LexBlog IP

On September 15, 2021, the USPTO is transitioning the standalone Sponsorship tool and it will no longer be available. Instead, the Sponsorship feature in the USPTO’s Patent Center can be used to view and manage support staff sponsorships for EFS-web, Private PAIR, and Patent Center. Read more.

Patent 52
article thumbnail

Stocks Tainted Judge In $2.7B IP Ruling, Cisco Tells Fed. Circ.

IP Law 360

Cisco is asking the Federal Circuit to throw out a $2.7 billion damages award against it after a lower court ruled that the networking giant infringed four Centripetal Networks patents, saying the judge should have recused himself because his wife owned Cisco stock.

IP 52
article thumbnail

Pfizer Acquires Biologics Company To Expand Its Oncology Pipeline

LexBlog IP

Last week, Pfizer announced that it will acquire Trillium Therapeutics, a clinical stage immune-oncology company based in Cambridge, Massachusetts. Under the agreement, Pfizer reported that it “will acquire all outstanding shares of Trillium not already owned by Pfizer for an implied equity value of $2.26 billion, or $18.50 per share, in cash,” and its two lead molecules.

article thumbnail

Endo Unit Loses Trial To Stop Launch Of Vasostrict Generic

IP Law 360

After a three-day bench trial, Delaware's chief federal judge ruled Tuesday that an Endo International unit could not stop the launch of a generic version of blood pressure medication Vasostrict because Endo's newer patents covering the blockbuster drug wouldn't be infringed.

Patent 52