IPilogue

JULY 29, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion. TikTok has an established history of amplifying dance and music trends since acquiring the nearly identical app, Musical.ly.

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Music Marketing Marketing Ownership 119

McKinsey Operations

JULY 29, 2022

New research reveals which aspects of the employee experience matter most to US frontline retail workers. Retailers must pay attention and act quickly or risk losing more than half their store staff.

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JD Supra Law

JULY 29, 2022

In a ruling having major implications for the offshore wind industry, the Federal District Court of Massachusetts held in May 2022 that patent law applies to wind turbines attached to the seabed within 200 nautical miles of the coastline. Siemens Gamesa Renewable Energy A/S ("Siemens") had sued General Electric Company (“GE”), claiming that GE’s offshore wind turbines infringed two of its patents.

Patent 101

Patent Patent Law Law 101

McKinsey Operations

JULY 29, 2022

The divide between rural and urban communities has widened as the COVID-19 pandemic pushes rural communities’ economic recovery further behind. How can leaders put rural regions on track to thrive?

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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 Law 360

JULY 29, 2022

Netflix on Friday went after the songwriting duo behind what the streaming service says is an unauthorized "massive, for-profit stage show" that rips off its hit original series "Bridgerton," alleging in D.C. federal court that the musical blatantly infringes Netflix's copyright.

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Music Copyright 98

JD Supra Law

JULY 29, 2022

Kilpatrick Townsend Partners Andrew Serafini and Patrick Njeim recently joined other thought leaders as featured speakers for the IP Symposium: Current Perspectives Around the Convergence of Life Sciences and IT. The event was sponsored by Life Science Washington Institute to celebrate World IP Day 2022.

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IP 98

JD Supra Law

JULY 29, 2022

The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio district court found that fees accrued during a successful inter partes review (“IPR”) proceeding are not recoverable by the prevailing patent challenger.

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Patent 97

Managing IP

JULY 29, 2022

Counsel at three NPEs, two tech companies, a law firm and a litigation funder reveal what the random distribution of patent cases in Waco means for their strategies.

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Litigation Law Patent IP 99

McKinsey Operations

JULY 29, 2022

While accumulation has long been a focus for pre-retirees, ensuring a consistent and sufficient stream of income through retirement is now a pressing need for many.

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Nelligan Law

JULY 29, 2022

Reading Time: 2 minutes Deemed Infectious Diseases Emergency Leave (IDEL) is set to expire on July 30, 2022 – Here’s why employers and employees should be paying attention. Nelligan Law is grateful for the contribution of articling student Emma Lodge in writing this blog post. In light of the COVID-19 pandemic, the Ontario government made temporary changes to the Employment Standards Act ( ESA ).

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Contracts Blogging Government Law 89

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

IP Law 360

JULY 29, 2022

The manufacturer of vegan-friendly makeup product Billion Dollar Brows has dropped its trademark suit against skin care maker Rodan & Fields over the term "brow boost" after the companies reached an undisclosed settlement.

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Settlement Trademark 75

McKinsey Operations

JULY 29, 2022

Serving larger commercial clients is a significant growth opportunity for US midcap and regional banks—with the right strategy in place.

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IP Law 360

JULY 29, 2022

A Texas federal judge has permanently enjoined a Florida guitar maker from selling several guitars after a jury found they infringed the trademark on Gibson Brands Inc.'s Flying V guitar and other iconic models, ruling that Gibson is entitled to the injunction even though it waited decades to assert its rights.

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Branding Brands Branding Trademark 75

IP Watchdog

JULY 29, 2022

This week in Other Barks & Bites: USPTO Director Vidal announces Federal Register notice on duty of disclosure requirements as Senate Judiciary advances a bill to create a USPTO-FDA interagency task force on drug patents; Senator Thom Tillis tells IAM that he will introduce patent eligibility legislation soon; the Federal Circuit affirms an attorneys’ fees award for forum shopping of patent infringement claims to avoid an adverse Section 101 ruling; both houses of Congress pass major semico

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Patent Application Invention Patent Infringement Reporting 59

IP Law 360

JULY 29, 2022

This past week in London has seen bankrupt paper manufacturer Norske Skog throw the book at a Blackstone trader in a claim over the mismanagement of its debt, a German motorsport team racing into a claim against one of its former drivers, and gaming studio Failbetter hoping for game over in its ongoing feud with founder Alexis Kennedy.

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Litigation 75

IP Watchdog

JULY 29, 2022

This week saw 63 new patent filings in district court, and the typical (these days) 71 terminations, with 34 Patent Trial and Appeal Board (PTAB) filings (one post grant review and 33 inter partes reviews). I expect terminations will drop for a bit, as parties do what they can to hold on to venue before Judge Alan Albright in the wake of the Western District’s recent reassignment memorandum directing new filings to be randomly distributed (i.e., be put “on the wheel”) throughout the Western Dist

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Patent Litigation Intellectual Property IP 59

IP Law 360

JULY 29, 2022

Over the last several years, Texas federal Judge Alan Albright turned his Waco court into a patent litigation hot spot. But one judge having that much power over intellectual property cases brought scrutiny from lawmakers and Chief Justice John Roberts. The matter came to a head this week when a new policy was announced to randomly assign patent cases filed in Waco to one of 12 judges.

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Intellectual Property Patent Litigation 75

The TTABlog

JULY 29, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled seven (VII) oral hearings for the month of July 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. August 2, 2022 - 1 PM: I n re Panini America, Inc. , Serial No. 90004393 [Section 2(d) refusal to register CHOICE for "Collectible trading cards; Sports trading cards" on the ground of likelihood of confusion with the registered marks PLAYER'S C

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Registration Marketing Marketing Trademark 58

IP Law 360

JULY 29, 2022

EDITING -- A federal judge has let the controversial, conservative microblogging platform Parler out of a trademark lawsuit that claimed the design of the company's logo had tripped over the "nearly identical" logo of a Texas tech company.

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Editing Designs Design Trademark 75

Patently-O

JULY 29, 2022

by Dennis Crouch. The basic issue in Novartis v. Accord is quite familiar. A new limitation was added to the claims during prosecution that is not found expressly in the specification, but would be expected by someone of skill in the art. Does the claim violate the written description requirement of 35 U.S.C. 112? In its most recent statement, the Federal Circuit finds failure of written description unless the invention is either expressly or inherently disclosed in the original specification.

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Invention Art Patent Patent Application 61

Velocity of Content

JULY 29, 2022

In New York this week, Judge Valerie Figueredo heard oral arguments on motions to dismiss a consumer class action lawsuit that alleges the Big Five publishers, together with Amazon, have colluded to eliminate price competition from the e-book market. In 2013, in the so-called “ Apple e-books case ,” Amazon was the alleged victim of a conspiracy by the major publishers.

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Publishing Contracts Reporting Marketing 52

LexBlog IP

JULY 29, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo. Watch this episode on JD Supra here. Listen to the podcast version of this episode on your favorite platform or online here.

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Blogging IP Trademark Law 52

Likelihood of Confusion

JULY 29, 2022

Evan Brown sums up the legal issues as this case lights up the blogosphere, and then some. UPDATE: And then some more. UPDATE: It’s all over. Originally posted 2006-05-05 17:46:07. The post Maine Blogger defamation suit developments appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

LexBlog IP

JULY 29, 2022

Sandoz announced this week that the U.S. Food and Drug Administration (FDA) has accepted the first-ever biologics license application (BLA) for a proposed natalizumab biosimilar to Biogen’s TYSABRI ® The proposed natalizumab biosimilar is for treatment of adults with highly active relapsing-remitting multiple sclerosis (RRMS). The application is for an intravenous (IV) route of administration, with the same dosing regimen, presentation and indication as TYSABRI ® Last week, the E

Licensing 52

Licensing Marketing Marketing Intellectual Property 52

JD Supra Law

JULY 29, 2022

On July 25, 2022, the chief judge of the U.S. District Court for the Western District of Texas issued an order specifying that all future patent cases filed in the Waco Division will be randomly assigned to one of the 12 district judges within the Western District. This order upends the current practice under which plaintiffs filing in the Western District could file in the Waco Division to ensure their case would be handled by Judge Alan Albright, the only district judge in that division.

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Patent 52

LexBlog IP

JULY 29, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo. Watch this episode on JD Supra here. Listen to the podcast version of this episode on your favorite platform or online here.

Blogging 52

Blogging IP Trademark Law 52

JD Supra Law

JULY 29, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe's use of the Space needle's image in its logo.

Blogging 52

Blogging IP Law Trademark 52

The IP Law Blog

JULY 29, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space needle’s image in its logo. Watch this episode on JD Supra here. Listen to the podcast version of this episode on your favorite platform or online here.

Blogging 52

Blogging IP Trademark Law 52

LexBlog IP

JULY 29, 2022

To establish a trade secret claim, the trade secret owner (usually an employer) must show that it used reasonable measures to protect that information’s secrecy. As a result, the question of whether that owner’s efforts were sufficiently reasonable is frequently the point of contention in trade secret litigation, as the parties argue over whether the owner did enough to prevent the potential disclosure or use of those trade secrets.

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Confidentiality Litigation Licensing Law 52

IP Law 360

JULY 29, 2022

McDermott Will & Emery LLP has expanded its Boston and Austin, Texas, offices with the addition of a partner in Massachusetts and three additional attorneys in Texas, the firm announced Friday.

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Legal Zoom

JULY 29, 2022

A tax holiday temporarily suspends a type of sales tax, increasing consumer interest and possibly increasing revenue for small businesses, but there are drawbacks. Find out how a small business can take advantage of tax holidays.

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Business 52

JD Supra Law

JULY 29, 2022

On Monday this week, the Director of the U.S. Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal.

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Patent Blogging Trademark 52

Biswajit Sarkar Copyright Blog

JULY 29, 2022

Introduction. The definition of mark under section 2(1)(m) in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it an inclusive definition. . In a traditional trademark, it is required to be distinctive and has to be graphically represented, for example word, device, etc.

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Trademark Registration Designs Design 52

JD Supra Law

JULY 29, 2022

On Monday, July 25, the Chief Judge for the Western District of Texas issued an order altering how patent cases are assigned in that District. The order implements a “random assignment” procedure that now prevents plaintiffs from selecting a specific Division within the District and, in effect, eliminates the ability of patent plaintiffs to choose Judge Alan Albright of the Waco Division as their presiding judge.

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Patent 52

IP Law 360

JULY 29, 2022

Baker Donelson Bearman Caldwell & Berkowitz PC snagged a new corporate and intellectual property shareholder from Kaufman Dolowich & Voluck LLP.

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Intellectual Property IP 52