Plagiarism Today
SEPTEMBER 23, 2021
If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot. According to YouTube, their automated Content ID system handles over 98% of copyright issues on the site. Similar bots monitor Facebook and Instagram.
Erik K Pelton
SEPTEMBER 23, 2021
Tricks of the trade(mark)® is my podcast on branding and trademark topics. You can listen to episodes (be sure to subscribe!) here: Web. Apple iTunes. Spotify. The post Anatomy of a podcast brand: Trick of the trade(mark) appeared first on Erik M Pelton & Associates, PLLC.
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Plagiarism Today
SEPTEMBER 23, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The Weeknd Sued for Copyright Infringement Over ‘Call Out My Name’. First off today, Justin Curto at Vulture reports that The Weeknd has been hit with a copyright lawsuit over his song Call Out My Name. The lawsuit was filed by two musicians, Suniel Fox and Henry Strange, against both The Weeknd and his producer.
IP Watchdog
SEPTEMBER 23, 2021
IPWatchdog has obtained a draft summary of the “Restoring the America Invents Act” bill that Senate IP Subcommittee Chair, Senator Patrick Leahy (D-VT), is purportedly expected to introduce shortly. Several other outlets have reported that either Leahy himself or sources on the Hill confirmed such a bill is in the works and will address discretionary denial practice at the Patent Trial and Appeal Board (PTAB) under the PTAB’s precedential Apple Inc. v.
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
SEPTEMBER 23, 2021
At the turn of the century when server bandwidth was at a premium, peer-to-peer (P2P) file-sharing stepped in to solve the problem. Rather than a small number of individuals having to foot the bill, sharers picked up their own parts of the traffic tab by sharing content with their peers. In the mid-2000s, server bandwidth became much more affordable and as the years progressed, storing media for direct delivery to end-users became a much more viable option.
IP Watchdog
SEPTEMBER 23, 2021
Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office. The Notice indicates that the USPTO considered all comments and based on the “overwhelming” support for the proposals is moving forward with implementing the changes.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Kluwer Copyright Blog
SEPTEMBER 23, 2021
We have recently published a white paper , authored by Julia Reda ( Gesellschaft für Freiheitsrechte ) and Paul Keller ( Open Future ) that proposes to build a public repository of Public Domain and openly licensed works. While the idea of creating repositories of Public Domain and openly licensed works is not new as such, we are proposing to use Article 17 of the EU copyright directive as leverage to create such a repository.
JD Supra Law
SEPTEMBER 23, 2021
In June, Senior Party ToolGen filed its Substantive Preliminary Motion No. 2 to deny Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") priority benefit to its U.S. Provisional Application No. 61/757,640, filed January 28, 2013 ("Provisional 3"), pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶ 208.4.1.
The IP Law Blog
SEPTEMBER 23, 2021
In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark. Watch the episode on the Weintraub YouTube Channel, here. Listen to the podcast of this episode on your favorite platform or online, here.
IP Law 360
SEPTEMBER 23, 2021
Taylor Swift's lawyers will argue next week in a California federal court that lyrics from her 2014 hit "Shake It Off" about "players" and "haters" are well within the public domain and don't rip off an R&B song from 2001. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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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.
JD Supra Law
SEPTEMBER 23, 2021
While organizations have increasingly embraced cloud computing as a solution to their data management and other needs, they do so in an environment of heightened risks. Attacks on cloud providers are increasing, which makes it ever more important to ensure that the rewards outweigh the risks, including from a compliance perspective. Chris Ford, Vice President Product, Threat Stack, advises organizations look to cloud service providers that have taken the step of becoming certified against.
The IP Law Blog
SEPTEMBER 23, 2021
The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024. According to the Clippers’ Steve Ballmer, the Clippers wanted a naming-rights partner who could match their passion for technology and the pursuit of inn
JD Supra Law
SEPTEMBER 23, 2021
Confronting a life sciences patentee with its statements to regulatory bodies (such as the FDA) is a textbook defense strategy in patent litigation. After all, communications with regulatory bodies are often performed by non-attorneys who may not appreciate the consequences of their statements in future litigation. And while in ideal circumstances the patentee’s attorneys will….
IP Law 360
SEPTEMBER 23, 2021
A federal judge ruled Wednesday that the MTV reality show "Floribama Shore" didn't violate the trademark rights of an oyster bar called "The Flora-Bama," rejecting the case on First Amendment grounds.
JD Supra Law
SEPTEMBER 23, 2021
On Aug. 23, 2021, the U.S. District Court for the Northern District of Illinois denied Alvotech hf.’s motion to dismiss AbbVie’s biosimilar lawsuit involving its blockbuster arthritis drug, Humira. AbbVie Inc. et al. v. Alvotech HF, No. 21 C 2258, 2021 WL 3737733, at *1 (N.D. Ill. Aug. 23, 2021). AbbVie filed the lawsuit against Alvotech hf. in April 2021, asserting infringement of four patents and seeking injunctive relief.
Managing IP
SEPTEMBER 23, 2021
The tokens are here to stay, say counsel, but a lot must change before they can add value to IP owners
JD Supra Law
SEPTEMBER 23, 2021
A federal district court judge recently refused to dismiss a trademark infringement claim against an influencer engaged by Rodan & Fields to promote one of its new cosmetic products. Notably, the infringement claim targets the influencer’s use of the brand’s allegedly infringing mark. While still ongoing, this case could signal new liability for influencers.
IP Watchdog
SEPTEMBER 23, 2021
PCK Intellectual Property is seeking a remote independent contractor to fill a Patent Agent or Attorney position. This is a permanent, remote, part-time position. PCK is an equal opportunity employer committed to creating a diverse environment for all employees and job applicants. Accommodation is available on request for candidates taking part in all aspects of the selection process.
Velocity of Content
SEPTEMBER 23, 2021
Earlier in this series, I talked about the “quality assuring” (QA) aspects of formal peer review; and then we took a look at preprints, postprints and Versions of Record. In this post, I’m focusing on the Why and the How of replication studies. At the end of this post I’ll wrap up with a brief look at retractions , the ultimate “undo” button for papers.
IP Law 360
SEPTEMBER 23, 2021
Federal Circuit precedent on claim construction has created a "well-recognized trap" that improperly lets the appeals court "usurp" the jury's role and must be discarded, a winch-maker that lost a $1.8 million infringement verdict under the rule has told the U.S. Supreme Court.
IP Watchdog
SEPTEMBER 23, 2021
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards Institute’s (ETSI) Intellectual Property Rights (IPR) Policy, and (ii) the impact this has on the enforceability of a patent subject to the Policy. Both decisions were in the ongoing patent and fair, reasonable, and non-discriminatory (FRAND) related litigations between Optis and Apple.
IP Law 360
SEPTEMBER 23, 2021
An author and his publisher want the full Fifth Circuit to rethink a panel decision that let Texas A&M University's athletic department dodge copyright claims accusing it of publishing a book excerpt about the school's "12th Man" tradition on its website without permission.
43(B)log
SEPTEMBER 23, 2021
Schulte v. Conopco, Inc., No. 20-2696 (8 h Cir. May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? The court here implicitly says no, without ever confronting the question directly. Seems wrong to me. Schulte sued numerous companies for violating the Missouri Merchandising Practices Act (MMPA) through their marketing of men’s and women’s antiperspirants—the men’s is cheaper.
IP Law 360
SEPTEMBER 23, 2021
A Northern District of Georgia jury awarded Acceleron LLC $2.1 million after finding that Dell Inc. infringed a blade server patent, according to a judgment entered Thursday in Georgia federal court.
IAM Magazine
SEPTEMBER 23, 2021
John Chen expresses frustration at the time the transaction is taking to get over the line as IAM learns new details of its structure.
JD Supra Law
SEPTEMBER 23, 2021
On Sept. 17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. In 2015, the Supreme Court, in B&B Hardware,[1] decided in a 7-2 vote that issues decided in TTAB proceedings may have preclusive effect if the elements of issue preclusion are met.
IP Law 360
SEPTEMBER 23, 2021
A split Third Circuit panel revived a Philadelphia-based TV journalist's intellectual property lawsuit over the unauthorized use of her photo on Facebook, ruling in a precedential decision that her Pennsylvania state-law claims are exempt from the broad immunity afforded to BigTech.
JD Supra Law
SEPTEMBER 23, 2021
The US Court of Appeals for the Second Circuit affirmed a ruling that a defendant’s use of a mark in connection with the sale of used goods did not create consumer confusion, finding that the district court adequately analyzed the relevant Polaroid factors and did not erroneously apply the 1947 Champion Spark Plug case. Hamilton Int’l Ltd. v. Vortic, LLC, Case No. 20-3369 (2d Cir.
Fish & Richardson Trademark & Copyright Thoughts
SEPTEMBER 23, 2021
LMG Life Sciences recently named Fish & Richardson its 2021 “Intellectual Property Boutique Firm of the Year” at the organization’s annual LMG Life Sciences Awards. This is the second year in a row that Fish has received this recognition. “The attorneys in our Life Sciences Group have demonstrated time and again that they know how to get results in complex, technically sophisticated matters,” said Jonathan Singer, leader of the firm’s Life Sciences Litigation Group.
LexBlog IP
SEPTEMBER 23, 2021
Interpreting the language of the America Invents Act (AIA) remains an exciting challenge. The effective date provisions of the AIA transition sections 3(n)(1) and 3(n)(2) are no exceptions. Part 1 of this series discussed a recent Patent Trial and Appeal Board (“Board”) decision interpreting the language of § 3(n)(1) [link]. AIA § 3(n)(1) defines the effective date of the AIA’s amendments to 35 U.S.C. §§ 102 and 103.
JD Supra Law
SEPTEMBER 23, 2021
On September 16, 2021, eleven congressional leaders (“the Signors”) sent a letter to Andrew Hirshfeld, the acting director of the United States Patent and Trademark Office (“USPTO”), requesting the USPTO to reevaluate the Patent Trial and Appeal Board’s (“PTAB”) view on discretionary denials of petitions for inter partes review (“IPR”). The Office uses discretionary denials to deny institution of challenges to patents when an upcoming trial in district court would address the patent’s validity.
LexBlog IP
SEPTEMBER 23, 2021
Board Considers Propriety of Deposition Exhibits in Sur-Reply. As a reminder, a Patent Owner Sur-Reply may only be accompanied by the last deposition transcript – no other exhibits. 37 C.F.R. § 42.23(b) Recently, the Board has considered the propriety of additional sur-reply exhibits that were introduced at deposition. That is, if not policed, the last deposition might present an opportunity to “back-door” additional exhibits to circumvent the rule.
JD Supra Law
SEPTEMBER 23, 2021
The Utility of Patents and Infringement- Patent protection in the pharmaceutical industry is a very valuable tool used, not only to protect the property rights of a potential new drug, but also, to protect a potential revenue stream large enough to allow recovery of costs associated with the development of a drug. This recovery may fund the development efforts of new drugs which helps maintain a healthy development pipeline for a company.
LexBlog IP
SEPTEMBER 23, 2021
The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024. According to the Clippers’ Steve Ballmer, the Clippers wanted a naming-rights partner who could match their passion for technology and the pursuit
The TTABlog
SEPTEMBER 23, 2021
The USPTO refused to register the proposed mark PARMA COFFEE for "chocolate; chocolate-based beverages; cocoa; cocoa-based beverages; coffee extracts; coffee and coffee substitutes; honey; honey substitutes; natural sweetener; sugar; tea; tea extracts; tea-based beverages; preparations for making coffee-based beverages” [COFFEE disclaimed], deeming it primarily geographically descriptive under Section 2(e)(2).
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