TorrentFreak

JANUARY 20, 2023

Tomás Escobar is the CEO of Acámica, the Argentina-based tech education company he co-founded a decade ago. Escobar studied Computer Engineering at the National University of Córdoba and in 2014 appeared in MIT Technology Review’s ‘ Innovator Under 35 ‘ list. Before Acámica, however, Escobar also created a rather successful website; Cuevana. In 2011, just four years after its launch, Cuevana.tv was among the top 20 most-visited sites in Argentina.

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Reporting Branding Brands Branding 126

SpicyIP

JANUARY 20, 2023

The mRNA vaccine platform is a versatile vaccine technology that has the potential to treat several diseases. It has been heralded as a new age in medicine and several countries and companies all over the world are interested in it. However, there is uncertainty over who owns its main components i.e. the mRNA and the lipids that coat the mRNA to enable delivery.

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Patent Infringement Patent Patent Application Intellectual Property 119

TorrentFreak

JANUARY 20, 2023

In a September 2022 blog post, YouTube’s Global Head of Music revealed that in the 12 months between July 2021 and June 2022, YouTube paid over $6 billion to the music industry. Trade groups, including IFPI and the RIAA, believe the return should be even greater. So-called ‘stream-ripping’ services typically use YouTube as a source while allowing users to keep copies of copyright tracks on their devices.

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Music Copying Copyright Licensing 116

McKinsey Operations

JANUARY 20, 2023

Software is an increasingly important driver for companies across industries. Capturing the full value of investing in it depends on strong product management capabilities.

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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?

Technology

IP Watchdog

JANUARY 20, 2023

This week in Other Barks & Bites: The U.S. Copyright Office appoints a new Deputy Director of Policy & International Affairs; Getty Images launches a lawsuit against an AI art company; the United States Patent and Trademark Office pushes back the deadline for comments on its Draft 2022-2026 Strategic Plan; and the U.S. Solicitor General supports Jack Daniel’s in its Supreme Court trademark case.

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Art Trademark Copyright Patent 109

IPilogue

JANUARY 20, 2023

Tushar Sharma is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. My name is Tushar Sharma, and I did my IP Intensive internship with VentureLAB, one of Canada’s premier technology incubators and a non-profit organization that supports start-ups throughout the early stages of their growth.

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IP Intellectual Property Technology Law 103

JD Supra Law

JANUARY 20, 2023

On January 6, 2023, Genentech and Tanvex reached a settlement in principle to resolve all claims with respect to Genentech’s BCPIA complaint. As we previously reported, Genentech filed a complaint against Tanvex in June 2022, alleging infringement of three patents under the BPCIA based on Tanvex’s submission of an aBLA for TX05, a proposed biosimilar of HERCEPTIN (trastuzumab).

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Settlement Litigation Reporting Patent 98

McKinsey Operations

JANUARY 20, 2023

An agile, data-centric approach can help clean and enrich data needed for machine learning. To move forward, manufacturers need to set up the right teams with the right tools.

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JD Supra Law

JANUARY 20, 2023

Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance. In this edition, we cover.

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Litigation Editing IP Law 97

Patently-O

JANUARY 20, 2023

Guest post by Camilla A. Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? The answer is usually no, and for good reason. Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or no

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Patent Law Law Inventor Patent 96

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.

Patent

JD Supra Law

JANUARY 20, 2023

A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied Rothschild’s motion to dismiss and cross-motions for summary judgment.

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Branding Brands Branding Trademark 96

The IPKat

JANUARY 20, 2023

Hindsight is the pernicious and ever present enemy of patentees. However one may strive for objectivity in inventive step analysis, it can be difficult to overcome the inevitable prejudice that comes with being told the solution to a problem ("it just seems so obvious now you say it!"). In the recent decision T 0605/20 , the Board of Appeal considered the risks posed by hindsight in inventive step analysis where part of the invention is identification of the problem to be solved.

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Invention Art Patent Reporting 82

IP Watchdog

JANUARY 20, 2023

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in a split precedential decision authored by Judge Reyna that a district court properly found Personalized Media Communications’ (PMC) patent unenforceable due to prosecution laches. Judge Stark dissented, arguing that, although he agreed PMC’s delay in prosecuting its patent was “unreasonable and inexcusable,” Apple failed to establish that it suffered prejudice during the period of delay.

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Patent Patent Prosecution Patent Infringement Litigation 80

The IPKat

JANUARY 20, 2023

It happens that sometimes trade marks get registered although they are non-distinctive. Both the EU Trade Mark Regulation and Directive provide for invalidity actions to cancel such marks upon request of any third party. However, if the trade mark has been registered for an extended period of time, it may be difficult for the invalidity applicant to find sufficient evidence showing that the trade mark was perceived as a non-distinctive term on the filing date.

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Art Licensing Law Reporting 73

IP Law 360

JANUARY 20, 2023

A Johnson & Johnson division asked a Florida federal court to immediately stop a Swedish rival from flooding the market with infringing canine implant products, saying an order is needed to prevent price erosion and other irreparable harms after the subsidiary was awarded $60 million in a jury verdict this month.

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Marketing Marketing 75

The TTABlog

JANUARY 20, 2023

Entitlement to a statutory cause of action (f/k/a "standing") is a threshold issue in every inter partes Board proceeding. Oppose Energy Beverages failed to clear that relatively low hurdle in this opposition to registration of the mark BURNERWATER for dietary supplements and vitamin-containing water. Energy Beverages alleged that the applicant lacked a bona fide intention to use the mark in commerce but it failed to plead or prove its entitlement to a cause of action.

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Registration Trademark Business Copyright 64

IP Law 360

JANUARY 20, 2023

When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

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Patently-O

JANUARY 20, 2023

Apple Inc. v. Zipit Wireless, Inc. , 2022 WL 18108215 (PTO Dir., Dec. 21, 2022) Back in December, Director Vidal issued an important director review decision holding an IPR challenger must prove that the challenged claims are invalid, even if the patentee raises no defense. The PTAB appears to have incorrectly treated the situation as more of a default judgment even though the patentee had not expressly abandoned.

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Patent 64

IP Law 360

JANUARY 20, 2023

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, ride-hailing giant Uber is trying to fight a trademark application for an "Uberhorny" dating site — plus three other cases you need to know.

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Branding Brands Branding Trademark 75

McKinsey Operations

JANUARY 20, 2023

Most supply chain leaders will overhaul their IT systems for planning in the coming years. This article shows how to increase the chances of success.

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IP Law 360

JANUARY 20, 2023

Delaware federal court on Friday pared down a suit accusing the company that runs the website Pornhub of infringing software patents, finding that most of the claims in three patents are abstract under Alice.

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Patent 75

43(B)log

JANUARY 20, 2023

AT&T Mobility LLC v. T-Mobile USA Inc., No. 4:22-cv-00760, 2023 WL 311287 (E.D. Tex. Jan. 18, 2023) T-Mobile’s “Banned Seniors” was a nationwide marketing and advertising campaign intended to attract customers over the age of fifty-five. Its website, www.BannedSeniors.com , says that AT&T “ban[s] senior discounts” outside of Florida. It says “92% of seniors in the U.S. can’t get a 55+ discount from.

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False Advertising Advertising Advertising Marketing 59

IP Law 360

JANUARY 20, 2023

A New York model's attempt to hold Amazon, Walmart and Ulta Beauty liable for using her image online to promote a French skincare product without her consent has resulted in a first-of-its-kind ruling backing Big Tech's liability shield in the Empire State under Section 230 of the Communications Decency Act.

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McKinsey Operations

JANUARY 20, 2023

Being in the right vertical segments and deftly using M&A will help photonics companies to succeed in the future.

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IP Law 360

JANUARY 20, 2023

The past week in London has seen Getty Images sue an AI art platform for copyright breaches, former London mayoral candidate Zac Goldsmith sue Mirror Group Newspapers in a confidential information claim, and legal action brought against Budweiser by pub chain JD Wetherspoon in a commercial contracts claim.

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Litigation Confidentiality Contracts Art 75

JD Supra Law

JANUARY 20, 2023

Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The result: copyright protection under the Copyright Act of Canada was extended from 50 years to 70 years after the life of the author (or artist or creator).

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Copyright Copyright Law Law 55

IP Law 360

JANUARY 20, 2023

A split Federal Circuit panel on Friday affirmed a Texas judge's decision to wipe out a $308.5 million patent verdict against Apple due to the patent owner's "unreasonable" delays while seeking the patent, over a dissent saying those actions did not prejudice Apple.

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Patent 75

JD Supra Law

JANUARY 20, 2023

On November 21, 2022, the Supreme Court granted certiorari on the following questions described in Jack Daniel’s petition: Respondent VIP Products LLC markets and sells dog toys that trade on the brand recognition of famous companies such as petitioner Jack Daniel’s Properties, Inc.

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Branding Brands Branding Marketing 52

IP Law 360

JANUARY 20, 2023

Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

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Law 74

LexBlog IP

JANUARY 20, 2023

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Blogging Trademark Law IP 52

Chicago-Kent Intellectual Property Journal Blog

JANUARY 20, 2023

Written by Cassidy Aranda Introduction This article focuses on the incredible inventions made by women of color. Everyone involved in the Intellectual Property (IP) field has a responsibility to understand how intersectional issues affect everyone. It is important to include voices from all genders, races, socioeconomic classes, and sexual identities … The post A History of Patents Created by Women of Color appeared first on Chicago-Kent | Journal of Intellectual Property.

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Intellectual Property Journalism Patent Invention 52

The IP Law Blog

JANUARY 20, 2023

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Blogging Trademark Law IP 52

Olartemoure Blog

JANUARY 20, 2023

According to recent statistics published by WIPO (World Intellectual Property Organization), 2022 closed with a record number of domain name disputes after a total of 5,764 disputes filed by trademark holders with the WIPO Center for Conciliation and Arbitration. The number of disputes increased by 12 % compared to 2021, representing a cumulative growth of 56 % since the start of the COVID pandemic in 2020.com, the generic Top-Level Domain (gTLD), continues to be the domain subject to most popul

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Intellectual Property Branding Brands Branding 52

Velocity of Content

JANUARY 20, 2023

Earlier this week, the Digital Book World publishing conference returned to New York City for the first time since 2016. Karine Pansa , newly installed president of the International Publishers Association , delivered the keynote for several hundred attendees at the Sheraton Hotel in Times Square. “Pansa said that the main focus for her two-year term, which started January 1, will be collecting data on business activity in the industry,” reports Andrew Albanese , Publishers Weekly senio

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Publishing Marketing Marketing Business 52

Olartemoure Blog

JANUARY 20, 2023

The consumer protection authority issued External Circular No. 009 which will come into force in March 2023 and its purpose is to provide instructions on the minimum information that must be provided to consumers about the telecommunication networks that support mobile devices. The new circular indicates the compatibility with the telecommunication services network to which the device can be connected (2G, 3G, 4G, 5G, etc.); the type and version of the device’s operating system; its memory

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Intellectual Property Technology Law 52