Thu.Jan 27, 2022

The War Over the Future of WHOIS

Plagiarism Today

For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies.

If China Joined the CPTPP, what would this mean for Copyright Industries??

Hugh Stephens Blog

China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP).

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3 Count: Italian Shutdown

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users.

Pirate Site Traffic Surged in 2021, Research Finds

TorrentFreak

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. This is a serious problem for major content producers, Hollywood included.

Music 113

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.

The USPTO’s Identity Verification Requirement For Trademark Filers

JD Supra Law

On January 8, 2022, the United States Patent and Trademark Office (“USPTO”) introduced identity verification for USPTO.gov account holders using the Trademark Electronic Application System (“TEAS”) and TEAS International (“TEASi”).

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Understanding Privilege: Is Your Canadian Patent Agent Also A Lawyer?

JD Supra Law

In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society.

Mitchell-Lama Drama - Part 2 - Prohibiting Proxies and other Procedural Permutations

GDB Firm Blog

On December 22, 2021, Governor Hochul signed into law Chapter 749 of the New York Laws of 2021 (Senate Bill S6412/Assembly Bill A7272), which made sweeping procedural changes to how Mitchell-Lama cooperatives operate. The following will go into effect on March 23, 2022

[Video] Monthly Minute | Provisional Patent Applications

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Richard Goldstucker discusses provisional patent applications. By: Kilpatrick Townsend & Stockton LLP

Chanel is reminded: trademark territoriality still matters

The IPKat

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court.

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

JD Supra Law

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. By: Weintraub Tobin

Law 82

Inventor Argues USPTO Officials’ Motion to Dismiss Due Process Violations Case Based on Immunity Defense Fails

IP Watchdog

On January 21, inventor Martin David Hoyle and his company B.E. Technology filed a response in opposition to a consolidated motion to dismiss that was filed last November by defendants Michelle K. Lee, former Director of the U.S.

Biogen Int’l Gmbh V. Mylan Pharms. Inc. Tecfidera® (Dimethyl Fumarate)

JD Supra Law

Case Name: Biogen Int’l GMBH v. Mylan Pharms. Inc., 18 F.4th 1333 (Fed. 2021) (Circuit Judges O’Malley, Reyna, and Hughes presiding; Opinion by Reyna; Dissent by O’Malley) (Appeal from N.D.W.V., Keeley, J.). By: Robins Kaplan LLP

Law 82

On Final Day of PTAB Masters™ 2022, Iancu/Panelists Ponder the Road Ahead for USPTO and PTAB

IP Watchdog

The last day of PTAB Masters™ 2022 featured sessions on dealing with parallel litigation at the International Trade Commission (ITC) and district courts in Patent Trial and Appeal Board (PTAB) proceedings; life sciences and inter partes review (IPR); and the future of the PTAB.

USPTO Introduces Pilot Program to Defer Response to Subject Matter Eligibility Rejections

JD Supra Law

The US Patent and Trademark Office is implementing a pilot program to allow participating applicants to defer responding to subject matter eligibility rejections until the earlier of a final disposition of the application, or a withdrawal or obviation of all other outstanding rejections.

NYU Langone Health is Looking for a Patent Agent to Join Their Team

IP Watchdog

NYU Grossman School of Medicine provides its staff with far more than just a place to work. Rather, we are an institution you can be proud of, an institution where you’ll feel good about devoting your time and your talents. We have an exciting opportunity to join our team as a Patent Agent.

USPTO News Briefs

JD Supra Law

Updated First Office Action Estimator Tool Now Available - In a Patent Alert email distributed earlier today, the U.S.

Patent Filings Roundup: Seven New Discretionary Denials; Magnetar Capital’s Next Big Thing

IP Watchdog

It was a light week at the Patent Trial and Appeal Board (PTAB) and in the courts (relatively speaking), with 49 new district court patent filings and 19 inter partes reviews (IPRs), both a bit less than recent averages.

Frozen Mechanicals Crisis: Independent Publisher Lynn Robin Green Tells Copyright Royalty Judges how they threaten Survival

The Trichordist

Independent publisher Lynn Robin Green speaks truth to power on frozen mechanicals. Copyright Office Copyright Policy Copyright Royalty Board Frozen Mechanicals Music Streaming Sneaky Services streaming meltdown Lynn Robin Green

Judge Jackson Back In Spotlight As High Court Contender

IP Law 360

The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday

IP 83

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

The IP Law Blog

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. Masimo Corporation and Ceracor Labortories, Inc. collectively, “Masimo”) sued True Wearables, Inc.

DVD Pirate Must Face Over 2 Years In The Brig, Feds Say

IP Law 360

Federal prosecutors on Wednesday asked a New York judge to sentence a British hacker to more than two years in prison after he admitted his role in a syndicate responsible for pirating nearly every major motion picture released on disc from 2011 to early 2020

IP 83

Hot Off the Press: A Look into my Fall Internship at CBC (IP Intensive Reflection)

IPilogue

Eloise Somera is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

BREAKING: Justice Breyer Announces His Retirement

IP Law 360

Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice

IP 83

Sneaky Services Use Frozen Mechanicals Public Comments by Songwriters and Independent Publishers–to LOWER Streaming Mechanicals

The Trichordist

Only drug dealers and Big Tech refer to their “customers” as “users.” ” We really appreciate how Trichordist readers have stuck with the story we have been telling… Read more "Sneaky Services Use Frozen Mechanicals Public Comments by Songwriters and Independent Publishers–to LOWER Streaming Mechanicals". Artist Rights Copyright Office Copyright Royalty Board Frozen Mechanicals

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements

JD Supra Law

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”. By: BakerHostetler

Law 52

What Kind of Writer Indeed?

The Illusion of More

In a recent post entitled What Kind of Writer Accuses Libraries of Stealing?, Maria Bustillos stakes out a wide swath of moral high ground in defense of Controlled Digital Lending (CDL). CDL is a theory that libraries are allowed, within the boundaries of U.S.

Patent Case Summaries - January 2022 #3

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Kyocera Senco Industrial Tools Inc. ITC, Nos. 2020-1046, ?2050 2050 (Fed. ITC) Jan.

Here’s What Businesses Need to Know About a Non-Disclosure Agreement

Kashishipr

For maintaining a competitive edge in the market, businesses need to keep innovating. They must continue working on new projects, services, and products to best deal with the pressure against their competitors.

District of New Jersey Denies Settling Parties’ Joint Request To Vacate Judgment Entered Following Jury Trial and Verdict

JD Supra Law

In a recent opinion, the United States District Court for the District of New Jersey considered whether to grant a joint request by settling parties to vacate the Court’s Judgment stemming from a jury trial and verdict in favor of plaintiffs.

Breyer's Rulings Shaped By Wariness Of Intellectual Property

IP Law 360

Departing U.S. Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges

Canadian Trademark Law 2021: A Year in Review

JD Supra Law

2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border.

The Term: Breyer's Legacy And The Nomination To Come

IP Law 360

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lays ahead for his potential successor with two special guests

IP 63

Supreme Court’s Denial of Apple and Mylan’s Petitions Leaves NHK/Fintiv Rule in Place

JD Supra Law

On January 18, the Supreme Court denied petitions for writs of certiorari from both Apple and Mylan Laboratories. Each company sought to challenge the NHK/Fintiv framework that was developed by the Patent Trial and Appeal Board (“the Board”).