Hugh Stephens Blog
NOVEMBER 1, 2021
For the past couple of years at this time, as Remembrance Day (November 11) approaches, I have posted a blog on the copyright and trademark implications of the commemorative red poppies that become so ubiquitous on people’s lapels at this time of year, at least in certain countries. In both Britain and Canada, the main … Continue reading "Poppy Time Again: Watch Out for Infringers!?
Erik K Pelton
NOVEMBER 1, 2021
The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. I will never forget this day about two years ago, because it was one of the biggest panic attacks that I’ve ever had, and I think you’ll understand why as this story unfolds. It was about eight o’clock at night, i think we had just finished dinner and we were relaxing, talking, and I got a text message from a friend of mine.
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TorrentFreak
NOVEMBER 1, 2021
Hacking group Team-Xecuter was a thorn in the side of major gaming companies for a long time. The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Team-Xecuter defended its work by pointing out that their products are not necessarily pirate tools.
IPilogue
NOVEMBER 1, 2021
M. 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 27, 2021. On October 12, 2021, the County Court at Oxford (the Court) released its decision in Fairhurst v, Woodward ( Case No: G00MK161 ), holding that the Defendant, Jon Woodard, breached the United Kingdom’s Data Protection Act 2018 (the DPA) and the European Union’s General Data Protection Regulation (the Regulation
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?
TorrentFreak
NOVEMBER 1, 2021
With a fanatical audience that now reaches beyond Japan and around the globe, demand for manga and anime content is soaring. Publishers would prefer fans to go legit but in common with any premium content, there are those who prefer not to pay. This has led to companies such as Shueisha, Kadowaka, Kodansha, and Shogakukan taking legal action to shut down or disrupt piracy platforms, hoping to send a deterrent message to site operators and consumers of pirated content alike.
IPilogue
NOVEMBER 1, 2021
Photo by KirillM (depositphotos). . . . . . . . . Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . The emergence and rapid development of highly advanced technologies affects virtually every aspect of our day-to-day lives, and in the absence of more explicit legislative authority, the time has finally come for judiciaries to wrestle with the subject matter.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
NOVEMBER 1, 2021
A sense of social responsibility has always been with the legal profession. But if firms go beyond the basics, they may find they can both leverage their impact on society and better serve their clients.
JD Supra Law
NOVEMBER 1, 2021
In a precedential opinion, Hepp v. Facebook, et al., _ F.4th , No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual property exception under Section 230 of the Communications Decency Act of 1996 (“CDA”) to state law right of publicity claims. Although Section 230 of the CDA bars many claims against internet service providers (“ISPs”), it contains a carve-out for intellectual property claims. .
IP Law 360
NOVEMBER 1, 2021
Check out our Social Impact Leaders ranking, news analysis and interactive graphics to see how firms compare as they engage with the idea of making a social impact and finding ways it can be measured.
JD Supra Law
NOVEMBER 1, 2021
By Memorandum Opinion entered by the Honorable Richard G. Andrews in IPA Technologies, Inc. v. Amazon.com, Inc. et al., Civil Action No. 16-1266-RGA (D.Del. October 28, 2021), the Court granted Amazon’s Motion for Summary Judgment of Non-Infringement of U.S. Patent Nos. 6,851,115.
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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.
Managing IP
NOVEMBER 1, 2021
An investigation into Amazon’s use of proprietary information to create knockoffs has made counsel wonder how to balance IP protection with making money
JD Supra Law
NOVEMBER 1, 2021
On August 9, 2019, the Minister of Health denied Merck’s application for a Certificate of Supplementary Protection (CSP) for Canadian Patent No 2,670,892 relating to the drug suvorexant (Merck’s BELSOMRA). On September 29, 2021, the Federal Court set aside the Minister’s decision and remitted Merck’s CSP application for redetermination: Merck Canada Inc v Canada (Health), 2021 FC 1015.
Intellectual Property Brief
NOVEMBER 1, 2021
Dr. Stephen Thaler hopes to list his AI machine, DABUS, as the inventor on two inventions. The United Kingdom Court of Appeal is the most recent court to decide the issue of non-human inventorship.
JD Supra Law
NOVEMBER 1, 2021
The U.S. Copyright Office (“USCO”) is expanding the right to repair digital devices via exemptions to the Digital Millennium Copyright Act (“DMCA”)’s rules governing access to devices and software, which includes automobiles and medical devices. Enacted in 1998, the DMCA works to prohibit people from circumventing technological measures used by copyright owners to control access to protected works.
Nelligan Law
NOVEMBER 1, 2021
Reading Time: 3 minutes You have just been called into a meeting with your boss and told that your employer is terminating your employment. Your boss then hands you a letter that sets out a severance package containing various financial payments they say you are entitled to. They put in a tight deadline for you to sign and return the severance package.
Patently-O
NOVEMBER 1, 2021
by Dennis Crouch. CardioNet v. InfoBionic ( Fed. Cir. 2021 ). CardioNet lost at the district court with a summary judgment of non-infringement. On appeal, the Federal Circuit has shifted its judgment–now finding the heart monitor claims ineligible under Section 101. U.S. Patent Number 7,941,207. The patent covers a heart monitor that includes a “T wave filter” that helps make sure the signal processor does not confuse the T-wave with the R-wave.
Likelihood of Confusion
NOVEMBER 1, 2021
That just about seals it for puns of this nature: As John Welch informs us, the Federal Circuit has affirmed the decision by the TTAB to reject the applications by. The post Signed, sealed and delivered appeared first on LIKELIHOOD OF CONFUSION™.
Nelligan Law
NOVEMBER 1, 2021
Reading Time: 2 minutes. Today, Regional Senior Justice Calum MacLeod of the Ontario Superior Court approved the ground-breaking settlement reached earlier this year in the class action involving Ottawa fertility doctor, Norman Barwin. The settlement will bring compensation to all those affected by virtue of Barwin using the wrong semen in numerous artificial inseminations he performed and in some cases apparently using his own.
Patently-O
NOVEMBER 1, 2021
By Jason Rantanen. This Friday, November 5, the Iowa Innovation, Business & Law Center will be hosting a first-of-its-kind event (to the best of my knowledge at least): a panel discussion by patent law casebook authors about what makes their textbooks tick. There are at least eight different patent law textbooks with editions published in the last few years, and we’ve brought their authors together to talk.
Michael Geist
NOVEMBER 1, 2021
Scott Simms, a Liberal MP from Newfoundland for 17 years, was long recognized as a leading voice on Parliament Hill on cultural and digital policy. Simms recently served as the chair of the Standing Committee on Canadian Heritage, which conducted the review of Bill C-10 and which placed him at the heart of one of the year’s more controversial pieces of proposed legislation.
IP Law 360
NOVEMBER 1, 2021
Massachusetts' top appellate court on Monday did not appear convinced that images of slaves taken in 1850 by a Harvard University professor for a racist study belong to either the school or to a descendant of the subjects.
The IPKat
NOVEMBER 1, 2021
The written decision of the Enlarged Board of Appeal (EBA) in G1/21 on the legality of video conferencing oral proceedings has been released. As previously reported, the EBA chose not to explicitly answer the referred question of the broader legality of mandatory ViCo oral proceedings. The EBA instead limited their order to addressing the situation arising from the COVID-19 pandemic.
IP Law 360
NOVEMBER 1, 2021
Federal Trade Commission head Rebecca Kelly Slaughter is calling on the agency to investigate antitrust violations related to standard-essential patents and bring "tough cases" against patent owners who won't license those patents on fair and reasonable terms.
The IPKat
NOVEMBER 1, 2021
The European Commission was the first to address AI-related challenges and present a complete and concrete plan for the future, in its proposal for a draft Artificial Intelligence Regulation (the “EU AI Regulation”), published on April 21, 2021 ( read here ). The EU AI Regulation provides a detailed regulation, having as a main objective to govern the use of high-risk artificial intelligence systems and, at the same time, ensure that the safety and fundamental rights of EU citizens are protected
IP Law 360
NOVEMBER 1, 2021
Join Law360 Pulse as we embark on a brand new project examining what makes law firms successful, beginning with our social impact leaders — firms that are making their mark with their pro bono work, commitment to diversity and inclusion, and creating a place where attorneys want to work.
JD Supra Law
NOVEMBER 1, 2021
When does a copyright violation rise to the level of criminal copyright infringement? We address this issue below. Federal prosecutors have a number of statutory tools available to combat this common white-collar crime. In using those tools, prosecutors often combine charges of criminal copyright infringement with more common white-collar criminal charges, such as wire fraud, mail fraud, money laundering, or RICO.
IP Law 360
NOVEMBER 1, 2021
Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.
JD Supra Law
NOVEMBER 1, 2021
Dennis Crouch at Patently-O has a breakdown of the patent cases currently pending before the U.S. Supreme Court. As he notes, a number of these cases could be transformative if certiorari is granted, including American Axle discussed below. It is well worth your time to read his entire post.
IP Law 360
NOVEMBER 1, 2021
The U.S. Supreme Court on Monday cleared out another low-profile appeal over patent eligibility standards, rejecting a bid to review by a Michigan television equipment company that saw its patent on generating automated text captions wiped out as too abstract.
JIPL Online
NOVEMBER 1, 2021
By: Mikela Gassert. Introduction. If a movie contains a boring scene, a viewer may fast forward through it using a remote. If a book lacks a satisfying ending, readers are free to write a new one. If a video game lacks some key detail or accessibility feature, players can develop modifications, called mods, to resolve the problem. [1] Unlike the other two options for improving a consumer’s entertainment experience, modifying a video game title requires greater technical knowledge and time invest
IP Law 360
NOVEMBER 1, 2021
Redbubble's in-house counsel defended the online marketplace's IP practices in a California federal jury trial Monday, testifying that Redbubble has multiple automated and manual tools to catch copyright and trademark infringement but that Atari never indicated it "needed or wanted proactive policing" until it sued.
JD Supra Law
NOVEMBER 1, 2021
Just in time for Halloween, Ferrara Candy Co., owner of popular candy brands such as NERDS, TROLLI, and SWEETARTS, filed infringement suits against companies making and selling cannabis edible versions of their sweet treats.
The IPKat
NOVEMBER 1, 2021
Whilst patenting a diagnostic method in the US remains challenging following the infamous decision in Mayo , other jurisdictions have, by contrast, recently confirmed their willingness to recognise the patentability of diagnostic inventions. Across the border i n Canada, the Patent Appeal Board recently confirmed that a diagnostic method could be patented provided the method could be construed as including physical means for measuring, and so not related exclusively to mental activity (Re Antibo
JD Supra Law
NOVEMBER 1, 2021
TIMING OF REQUEST KEY FOR BOARD DECISIONS ON MOTIONS TO TERMINATE - In Ocado Group PLC v. AutoStore Technology AS, PGR2021-00038 (July 30, 2021), Petitioner moved to withdraw its petition, arguing that efficiency favored dismissal because the challenged patent was asserted against Petitioner in ITC proceedings and the Board denied similar petitions challenging other patents in the same family.
Art Law Journal
NOVEMBER 1, 2021
What questions should you be asking in contract negotiation, and what provisions should you be reviewing? For this discussion, let’s again assume that you are an artist negotiating gallery representation. Make sure you know what you want before starting the negotiation. An excellent way to begin that process is to make a list. Making Your Checklist.
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