TorrentFreak
MARCH 1, 2022
In 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV for illegally obtaining the company’s broadcasting from its satellite service and redistributing them online. At a Florida court, DISH and encryption partner NagraStar sued several individuals, companies and trusts collectively doing business as SetTV via the domain settvnow.com.
IPilogue
MARCH 1, 2022
Image by Tim Mossholder ( Unsplash ). Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . From the limited scope of my research as a 1L student, as well as my personal interest, I have noticed a lack of creative voices within the legal realms that apply to them. On the one hand, social media has enabled global sharing of news and creative media.
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IP Watchdog
MARCH 1, 2022
On February 22, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded the U.S. District Court for the Central District of California’s dismissal of a copyright suit filed against Apple Inc. and other defendants explaining that dismissal was improper at the pleading stage because reasonable minds could differ on the issue of substantial similarity.
JD Supra Law
MARCH 1, 2022
On February 14, 2022, the Copyright Review Board denied registration for a two-dimensional artwork entitled “A Recent Entrance to Paradise.” What was notable about this artwork was that it was created by artificial intelligence (“AI”). The copyright application was filed by Stephen Thaler, an AI researcher best known for his legal campaigns to seek protection for AI-created works.
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?
IP Watchdog
MARCH 1, 2022
This week in Washington IP news, the House Consumer Protection Subcommittee hosts a hearing to debate several bills aimed at regulating the consumer data privacy practices of Big Tech, while the House Space Subcommittee reviews the current status of NASA’s Artemis program. Over in the Senate, the Judiciary Committee discusses several judicial nominees to sit on the bench of a pair of U.S. district courts very important to the world of intellectual property, while the Senate Commerce Committee wi
JD Supra Law
MARCH 1, 2022
Yesterday, the 5th Circuit issued its decision in the Continental v. Avanci Appeal, reversing the district court’s decision that Continental had standing under Article III of the Constitution. The decision finds Continental did not sustain any injury and thus rejects the so-called license-to-all argument that has been raised by auto suppliers recently.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MARCH 1, 2022
In an 82-page decision, the Patent Trial and Appeal Board granted priority for eukaryotic CRISPR to the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC"). Accordingly, all of Broad's patents and applications in interference remain and CVC's applications having claims directed to eukaryotic CRISPR are finally rejected for.
Intellectual Property Brief
MARCH 1, 2022
The International Covenant on Economic, Social and Cultural Rights is an international human rights treaty; Article 15 of the treaty recognizes the right to science. The dichotomy between human rights and intellectual property protection is under increasing scrutiny; is it possible for both to coexist?
JD Supra Law
MARCH 1, 2022
Is Canopy Growth v. GW Pharma Headed to the Federal Circuit? We have been closely monitoring patent litigation in the cannabis space, including suits related to cannabis extraction technology such as the action filed in 2020 by cannabis juggernaut Canopy Growth against GW Pharma (maker of Epidiolex) in the Western District of Texas. As an update, on February 22, 2022, the docket in that case posted a joint stipulation and motion to enter final judgment “subject to the parties’ right to appeal”.
IP Close Up
MARCH 1, 2022
Jonathan Taplin, veteran movie producer, Innovation Lab director, author, Wall Street deal maker, inventor and ex-tour manager for Bob Dylan and The Band, has been confirmed as Continue reading.
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.
JD Supra Law
MARCH 1, 2022
What is a Software Escrow Agent? A software Escrow Agent is an independent third party that provides Software Escrow Services such as Software Escrow Agreements and Software Escrow Verification testing for both on-premise and Cloud-hosted/SaaS applications. What is the role of a Software Escrow Agent?
43(B)log
MARCH 1, 2022
Bell v. Eagle Mountain Saginaw Independent School District, No. 21-10504 (5th Cir. Feb. 25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.
The IPKat
MARCH 1, 2022
The IPKat seeks to serve the IP community in the broadest possible manner. One such service should be to provide information to Kat readers about quality IP contributions other than in English. Accordingly, the IPKat is launching an initiative to establish a "Repository of Non-English IP Titles" for titles published since 2000. The Repository will aggregate information on a country-by-country basis about IP books (including book series and multi-edited collections) published in a language other
IP and Legal Filings
MARCH 1, 2022
“Now I am not an object, I am not a subject, I am a human being!”. (-An elder). The Maasai community and their issues. The Maasai are an indigenous tribe found in various parts of Kenya and Tanzania. The Maasai are not only proud warriors but are also skilled artisans. One can identify them by their iconic red-checked printed shukas, beaded necklaces, extravagant jewellery, majestic headgears, exquisite hair styles, and colourful accessories.
IP Law 360
MARCH 1, 2022
A Delaware federal judge rebuffed a generic-drug maker's call to let its subsidiaries out of Novartis' patent suit over multiple sclerosis drug Gilenya, ruling Tuesday that the generic company's units each played a role in the alleged infringement.
Velocity of Content
MARCH 1, 2022
After nearly three decades, Stephen Breyer, Associate Justice of the United States Supreme Court, is retiring. Students of copyright also know that Justice Breyer really loved to write about copyright , even as far back as his days teaching at Harvard. Last week, Justice Breyer wrote for a 6-3 majority of the Court in resolving an important copyright registration question in Unicolors, Inc. v.
IP Law 360
MARCH 1, 2022
A Nevada federal judge gave Groupon Inc. a final win Monday against a Las Vegas skydiving company that had accused it of anticompetitively pushing non-Groupon affiliates out of the market and of trademark infringement for including a company mark in its search results.
The TTABlog
MARCH 1, 2022
The Trademark Reporter has published its latest Annual Review of U.S. Trademark Cases: " The Seventy-Fourth Year of Administration of the Lanham Act of 1946 ," by Theodore H. Davis, Jr. and yours truly, John L. Welch. [download pdf here ]. In his introduction, Ted Davis notes that, despite the lack of Supreme Court cases to report this time around, there are plenty of notable developments to discuss.
IP Law 360
MARCH 1, 2022
AT&T and DirecTV affiliates told a California federal judge that the broadcasters were not liable for royalties owed to SAG-AFTRA-represented performers on a television show based on Stephen King's novel "Mr. Mercedes," saying the producers for the series were responsible for making the payments.
IP Intelligence
MARCH 1, 2022
In Adapt v. Teva, the Federal Circuit affirmed the district court’s findings that methods of administering a naloxone nasal spray formulation were invalid as obvious. The decision, which the Court notes was a “close case,” reminds us how difficult it is to show non-obviousness of pharmaceutical formulations and their use. The patents at issue relate to a method for treating opioid overdose by intranasal administration of naloxone.
IP Law 360
MARCH 1, 2022
A former Haynes and Boone LLP intellectual property specialist has rejoined the firm's San Francisco and Orange County, California, offices after a stint at Gibson Dunn & Crutcher LLP, Haynes and Boone announced Tuesday.
LexBlog IP
MARCH 1, 2022
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JD Supra Law
MARCH 1, 2022
In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing of the corporate veil.
LexBlog IP
MARCH 1, 2022
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JD Supra Law
MARCH 1, 2022
Valve Corporation petitioned for inter partes review (IPR) of two patents owned by Ironburg Inventions directed to hand held controllers for game consoles. The Patent Trial and Appeal Board (Board) determined that a key reference had not been properly authenticated and was thus unavailable as prior art under 35 U.S.C. § 102(a)(1). Valve appealed. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Likelihood of Confusion
MARCH 1, 2022
_ _ When is too much quality control over licensees a bad thing? When a trademark licensor gets sued for a defective product with its trademark on it. The trick, The post We make those? appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
MARCH 1, 2022
Alarm.com Inc. v. Hirshfeld, Appeal No. 2020-2102 (Fed. Cir. Feb. 24, 2022)- In an appeal from the U.S. District Court for the Eastern District of Virginia, the Federal Circuit addressed whether the ex parte reexamination statutory scheme precluded judicial review of the PTO Director’s vacatur decisions premised on estoppel under the IPR statutory scheme.
IP Law 360
MARCH 1, 2022
The Broad Institute and the Massachusetts Institute of Technology — not the University of California — were the first to develop the gene-editing technology CRISPR-Cas9, the Patent Trial and Appeal Board has concluded.
JD Supra Law
MARCH 1, 2022
The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s inadvertent mistake of fact or law in applying for a copyright does not render the subsequent copyright registration invalid. Unicolors, Inc. v.
Patent Trademark Blog
MARCH 1, 2022
Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. But what if the unique appearance of your product comes from its material? Can a design patent show a specific material, substance or composition of matter? In other words, can you use a design patent to cover what your product is made of?
JD Supra Law
MARCH 1, 2022
In February 2022, the US District Court for the Eastern District of California held that California Assembly Bill 824—which established a first-of-its kind presumption that certain pharmaceutical patent settlements are anticompetitive and which the California Attorney General had previously been enjoined from enforcing on constitutional grounds—is enforceable, but only "with respect to settlement agreements negotiated, completed, or entered into within California's borders.".
LexBlog IP
MARCH 1, 2022
Logos can be an effective tool. Like word marks, logos can be used to help consumers draw a connection between goods/services and the source of those goods/services. With especially prominent logos, that connection can even be drawn without words (think of a particular swoosh for shoes or golden arches for burgers). With that potential in mind, clients will often come to us with requests to register logo marks.
JD Supra Law
MARCH 1, 2022
On January 24, 2022, the Federal Circuit affirmed the grant of a preliminary injunction blocking the publication of a patent application on the basis that it contained the plaintiff, Masimo Corp.’s trade secrets. Masimo Corp. v. True Wearables, Inc., No. 2021-2146, 2022 WL 205485 (Fed. Cir. Jan. 24, 2022). The Court of Appeals did so despite evidence that a widely circulated and cited paper on statistics had disclosed an equivalent algorithm, because the defendant failed to show that others in.
LexBlog IP
MARCH 1, 2022
In Adapt v. Teva, the Federal Circuit affirmed the district court’s findings that methods of administering a naloxone nasal spray formulation were invalid as obvious. The decision, which the Court notes was a “close case,” reminds us how difficult it is to show non-obviousness of pharmaceutical formulations and their use. The patents at issue relate to a method for treating opioid overdose by intranasal administration of naloxone.
JD Supra Law
MARCH 1, 2022
Over five years ago, the Defend Trade Secrets Act (DTSA) was signed into law, passing with broad bipartisan support and signaling a new frontier for employers seeking to protect their trade secrets. Since its adoption, the DTSA has changed the landscape of trade secret litigation, giving owners of trade secrets a private right of action and the ability to sue in federal court when their trade secrets have been misappropriated.
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