Thu.Oct 14, 2021

Transactions in the Age of Artificial Intelligence: Risks and Considerations

JD Supra Law

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010.

Hollywood and Netflix Signal “Piracy as a Service” (PaaS) as New Threat Vector

TorrentFreak

In its quest to combat online piracy, the Motion Picture Association (MPA) keeps a close eye on the latest and greatest piracy threats.

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GSK v. Teva - No Safe Harbor for Skinny Labels

JD Supra Law

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property strategy. However, in GlaxoSmithKline LLC v.

Hollywood and Publisher Injunctions Lead to New UK ISP Piracy Blocks

TorrentFreak

For more than a decade, copyright holders have been able to file an application for High Court injunctions that compel Internet service providers to block infringing sites in the UK.

Dana DuPerron on CTV News

Nelligan Law

Reading Time: < 1 minute As mandatory workplace vaccine policies begin to roll out, employers and employees have new questions about their legal rights and obligations. Dana DuPerron speaks with CTV News at Noon on how to navigate this complex employment law topic.

Law 71

Introducing a New Objective Way to Track and Measure Sustainable Innovation

SpicyIP

We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals.

Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

JD Supra Law

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process. By: Knobbe Martens

More Trending

Many ways to skin a cat: BlindSA obtains a court declaration on the unconstitutionality of the South African Copyright Act

The IPKat

As IPKat readers may know, the legislative process to amend South Africa's current Copyright Act has been a long continuing one with BlindSA amongst others, at its forefront.

Jury Clears Oculus Founder, Facebook Unit Of IP Theft

IP Law 360

A California federal jury on Wednesday cleared Oculus VR's founder and a Facebook subsidiary on allegations that the billionaire lied about his progress on virtual reality headset designs that Total Recall Technologies contracted him to create and then sold them to Facebook for $2 billion

The Law and Science of Impaired Driving (Competence MCLE)

CoCal IP Law Institute

Please join us on Monday, October 4, 2021 at 1:00 pm, where we will watch a video presentation on Substance Abuse - The Law and Science of Impaired Driving (Competence MCLE) by Eric Ganci, of CG Law, hosted by the San Diego Law Library and originally aired on December 16, 2020.

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[Audio] The Rare Air of Elevation Oncology: Raising Nearly $200M in 2 Years, with CEO Shawn Leland

JD Supra Law

Elevation Oncology has raised nearly $200M since its launch just two years ago. 200 million! That sounds like an enormous amount of investment capital, but when the company is potentially changing cancer treatment as we know it - you can see why investors are excited about Elevation's potential.

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Nippon Steel seeks injunction against Toyota and $350 million in shock Tokyo patent lawsuits

IAM Magazine

Steelmaker files litigation against an important customer over parts sourced from Baosteel, a rival supplier from China. Analysis Analysis: Legal

The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory On Sanctions Regarding Ransomware Payments

IPilogue

Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on October 13, 2021.

You, Me & IP Webinar Series: Sensory Trademarks: Selling to the Subtle Perceptions of Sophisticates

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Join our monthly webinar series for a discussion led by IP partners Sharon Urias and Justin McNaughton as they explain sound, color, smell and shape trademarks.

Ex Parte Reexamination Not Allowed After Failed IPR Challenge

JD Supra Law

The US Court of Appeals for the Federal Circuit found that ex parte reexamination was unavailable to a challenger who repeatedly tried and failed to raise the same arguments for the same patent in a prior inter partes review (IPR) proceeding. In re: Vivint, Inc., Case No. 20-1992 (Fed.

Where was LIKELIHOOD OF CONFUSION?

Likelihood of Confusion

City walls including David’s Tower and the Valley of Hinnom, from Jaffa Gate Originally uploaded by Likelihood of Confusion. I was in Israel last week. In Israel there is more. The post Where was LIKELIHOOD OF CONFUSION? appeared first on LIKELIHOOD OF CONFUSION™. LIKELIHOOD OF CONFUSION

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Party May Not Veil EU Individual’s Information under GDPR at the TTAB

JD Supra Law

In a rare precedential opinion, the Trademark Trial & Appeal Board (TTAB, Board) ruled that the EU General Data Protection Regulation (GDPR) does not apply in Board proceedings. Chicago Mercantile Exchange, Inc. Intercontinental Exchange Holdings, Inc., Opposition Nos.

The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

The IP Law Blog

In a recent case, Bell v. Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.

Optis v Apple [2021] EWHC 2564 (Pat): Apple found to be an “unwilling licensee”

JD Supra Law

The “unwilling licensee” issue has been a vexed one, with uncertainty as to whether such a concept exists, its relevance, and what an implementer must do to avoid becoming one.

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Recognizing Hispanic American Heritage Month: Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic -Owned Businesses

U.S. Department of Commerce

Recognizing Hispanic American Heritage Month: Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic -Owned Businesses. October 14, 2021. KCPullen@doc.gov. Thu, 10/14/2021 - 10:46. Export and investment promotion. Intellectual property.

Oh the Horror: No Work for Hire in Friday the 13th Screenplay

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed a summary judgment grant, ruling that an author was an independent contractor when writing the screenplay for a horror film and entitled to authorship rights, and therefore entitled to exercise his copyright § 203 termination right. Horror Inc.

In re ESIP: No Arthex challenges in closed case

Patently-O

By Jason Rantanen. In re ESIP (Panel: O’Malley, Reyna, Chen) (link to decision: In re ESIP SERIES 2 ). This is a short nonprecedential decision in a petition for a writ of mandamus that was issued today but that isn’t on the Federal Circuit’s website. (I

Design Patent Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture

JD Supra Law

Finding that the Patent Trial & Appeal Board (Board) applied an erroneous interpretation of claim scope, the US Court of Appeals for the Federal Circuit reversed a Board decision upholding an examiner’s rejection of a lip implant design patent as anticipated by a non-analogous art tool.

Latest Ruling On PTAB Constitutionality Tees Up More Fights

IP Law 360

The lengthy string of challenges to the constitutionality of the Patent Trial and Appeal Board appears set to continue after a dissent by a Federal Circuit judge on Wednesday identified another potential flaw in the board that seems likely to spur more litigation, attorneys say

Authentication Claim Under Alice—A Two-Step Process

JD Supra Law

The US Court of Appeals for the Federal Circuit found patent claims directed to a method of authenticating the identity of a user performing a transaction at a terminal was patent-eligible under 35 U.S.C. § 101 and reversed the district court’s entry of judgment on the pleadings.

Cher Says Sonny's Widow Can't Turn Back Time On Royalties

IP Law 360

Cher sued Sonny Bono's widow in California federal court Thursday claiming she is owed royalties from the duo's 1960s and 1970s hits via a decades-old agreement giving her 50% of the Sonny & Cher musical catalog

Music 63

Prosecution History Disclaimer and Estoppel Lead To Noninfringement

JD Supra Law

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas.

Anti-Retaliation Refresher Following Facebook Whistleblower

IP Law 360

A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall

Global COVID-19 IPR waiver negotiations

JD Supra Law

On 2 October 2020, South Africa and India submitted a proposal to the WTO to temporarily suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

Manufacturing Month: Deputy Secretary Don Graves Stresses Administration’s Commitment to Equitable Workforce Training in Ohio: Announces $3.6 Million Grant for Workforce Development Facility in Cleveland

U.S. Department of Commerce

Manufacturing Month: Deputy Secretary Don Graves Stresses Administration’s Commitment to Equitable Workforce Training in Ohio: Announces $3.6 Million Grant for Workforce Development Facility in Cleveland. October 14, 2021. KCPullen@doc.gov. Thu, 10/14/2021 - 14:18.

CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies

IP Watchdog

On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S.

What are your options after an unfavorable patent appeal decision?

Patent Trademark Blog

Unfavorable Patent Appeal Decision. An ex parte patent appeal decision by the PTAB that affirms an examiner’s rejections can seem like the end of the road, but you do have some options. You can go the litigation route by filing a civil lawsuit in federal district court or appealing to the Court of Appeals for the Federal Circuit. Cost-sensitive patent applicants will likely avoid such costly endeavors.

Art 40

“Army of Citation Footnotes Crouching in a Field of Jargon” Fails to Withstand Summary Judgment

JD Supra Law

Traxcell Techs., LLC v. Sprint Commn’s Co. et al Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: A patentee’s extensive citations to evidence failed to avoid summary judgment of noninfringement because the patentee never explained the relevance of this evidence. By: Knobbe Martens

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Counsel: USPTO should beat bad marks with new fraud bar

Managing IP

The office could maximise the benefits of a TTAB ruling that lowered the fraud bar to reckless disregard if it applied the same standards to non-lawyers

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Failing to Address All Reasons for Noninfringement Renders Appeal Moot

JD Supra Law

In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found that rendering a decision as to the terms for at least two of the patents would be moot. Accordingly, the Federal Circuit affirmed the district court’s grant of summary judgment on noninfringement. Acceleration Bay LLC v. Take-Two Interactive Software (Oct.

Oxford IP Moot Tryouts EXTENDED

IPilogue

We are still looking for one more student to join our Oxford IP Moot team! If you are interested, please review the information and link to the tryout problem below and contact Ashley as soon as possible. Applicants will be considered on a rolling basis until we recruit a suitable candidate.

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AbbVie suffers knock-back in Humira trade secrets dispute

IAM Magazine

Illinois district court dismisses case relating to alleged misappropriation outside the US. Analysis Analysis: Legal Litigation Trade Secrets