Plagiarism Today
NOVEMBER 30, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Once Again Seeks Dismissal of Derivative Liability Copyright Infringement Suit. First off today, Christina Tabacco at Law Street Media reports that Instagram has hit back at an amended complaint against them saying that the second complaint doesn’t resolve any of the issues raised in the first and should be dismissed for the same reason.
TorrentFreak
NOVEMBER 30, 2021
While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that infringing sites show up in search results has become a source of frustration and Google has been asked to “do more” on several occasions. In recent years the search engine has stepped up its anti-piracy game significantly.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The IPKat
NOVEMBER 30, 2021
Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). Protected Designation of Origins (PDOs) seem to invariably raise interesting issues, and the recent decision of the General Court for 'Porto' proved to be no exception.
IP Watchdog
NOVEMBER 30, 2021
The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description. Judge O’Malley dissented, arguing that the district court clearly erred in its finding that Biogen was judicially estopped from drawing a distinction between clinical and therapeutic effect, and that the entire analysis “might well change” if the case was remanded “f
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 Close Up
NOVEMBER 30, 2021
A new podcast series, ‘Understanding IP Matters – From creator to entrepreneur’ is set to launch from the Center for Intellectual Property Understanding. ‘Understanding IP Continue reading.
TorrentFreak
NOVEMBER 30, 2021
Rather than shelling out significant sums on multiple premium live TV and streaming services each month, tech-savvy UK internet users often turn to pirate IPTV services. These platforms often provide access to almost everything that Sky, BT, and Netflix have to offer. Not only that, but they also do so at extremely low prices that tend to hover around the £10 per month mark.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
NOVEMBER 30, 2021
Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.
Copyright Alliance
NOVEMBER 30, 2021
Native American people comprise a vibrant, rich, and diverse culture that stretches back more than 15,000 years. In honor of Native American History Month, our goal during the month of […]. The post Native American Heritage Month: Honoring a Diverse Culture appeared first on Copyright Alliance.
JD Supra Law
NOVEMBER 30, 2021
Mike Tyson famously said, “Everyone has a plan until they get punched in the face.” Those in the Intellectual Property (IP) world can appreciate what that means. Ask any emerging tech company that has been slapped – or punched – with a patent infringement lawsuit by a competitor. Patent litigation is very disruptive because it require significant amounts of resources to defend against, and can impact marketing and business development efforts.
Garrigues Blog
NOVEMBER 30, 2021
The Supreme Court has addressed a case that brings to light the restrictive application of the Unfair Competition Law in scenarios involving the potential imitation of similar products. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L (Molagominola) and FNAC, thereby rejecting the existence of unfair competition in the marketing of certain idiosyncratic sweet containers.
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
NOVEMBER 30, 2021
Due to the size and complexity of computer code, the software is usually created by a team of programmers. Consequently, to fully own software one must first make sure that each of the developers has relinquished any ownership claims that they may have.
IP Law 360
NOVEMBER 30, 2021
The Patent Trial and Appeal Board has found that Square Inc. has successfully shown that a host of claims in a digital receipt patent were not valid, saying they were too abstract.
JD Supra Law
NOVEMBER 30, 2021
In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors post COVID-19 around the world. In this edition, we focus on a few themes which include: - Navigating a fashion brand's transition to direct to consumer - Important updates for brands selling goods in Europe - Managing Supply Chain Risk - the U.S.
IP Law 360
NOVEMBER 30, 2021
A Delaware federal judge has shot down attempts by several companies, including Natera Inc. and grocery startup Instacart, to invalidate the patent claims they are accused of infringing.
IP Watchdog
NOVEMBER 30, 2021
On Friday, November 19, the USPTO announced that it will be delaying the $400 fee for patent applications filed in non-DOCX formats until January 1, 2023. Previously, the fee was set to take effect on January 1, 2022, but the Federal Register notice, officially published on Novemebr 22, indicated that the Office will undertake enhanced testing of its information technology systems as more users file in DOCX, and that it wants to give applicants more time to adjust to filing patent applications i
IP Law 360
NOVEMBER 30, 2021
A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.
IP Watchdog
NOVEMBER 30, 2021
The World Intellectual Property Organization (WIPO) is seeking to hire a Senior Director. The post is located in the PCT Services Department of the Patents and Technology Sector. This Department is responsible for the management and development of the PCT Services including receipt, formalities examination, translation and publication of applications filed under the Patent Cooperation Treaty (PCT) as well as development of the information systems supporting its own work.
IP Law 360
NOVEMBER 30, 2021
A California federal jury determined Tuesday that four out of five of Illumina's patents behind its next-generation genome-sequencing technology were valid, finding that Illumina's Chinese rival BGI Genomics and its subsidiaries willfully infringed the patents and must pay Illumina $8 million in damages, according to a person familiar with the case.
JD Supra Law
NOVEMBER 30, 2021
Dear Patenticity, My company has several new product concepts under development right now, and some are very early in the design process. We are in a very competitive space, so we want to protect our work with patents to the extent we can. Typically, we file provisional applications early and follow up with a non-provisional within 12 months. But, I’m not sure what we can really cover right now because a lot is likely to change between now and product launch.
U.S. Department of Commerce
NOVEMBER 30, 2021
Encouraging Entrepreneurship Growth Through Commerce Resources. November 30, 2021. KCPullen@doc.gov. Tue, 11/30/2021 - 13:10. Minority business growth. As entrepreneurship month comes to a close, the Department of Commerce remains laser focused on creating opportunities for entrepreneurs to innovate across the U.S. While the majority of startups are within cities like Boston, New York and San Francisco, we at the Commerce department know that there are untapped sources of innovation within uncon
JD Supra Law
NOVEMBER 30, 2021
In Indivior UK Limited v. Dr. Reddy’s Laboratories S.A., [2020-2073, 2020-2142] (November 24, 2021), the Federal Circuit affirmed the PTAB’s decision in an IPR that claims 1–5, 7, and 9–14 are unpatentable, and that Dr. Reddy’s Laboratories (DRL) failed to demonstrate unpatentability of claim 8.
The TTABlog
NOVEMBER 30, 2021
The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled eight (VIII) oral hearings for the month of December 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. December 1, 2021 - 11 AM: In re Solar Foundations USA, Inc. , Serial No. 88206624 [Refusal to register SOLAR FOUNDATIONS USA for "installation of solar energy systems and alternative energy products for residential and commercial use, namel
JD Supra Law
NOVEMBER 30, 2021
INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not entitled to the filing date of a parent application that failed to support the ranges of numerical values claimed in the continuation.
LexBlog IP
NOVEMBER 30, 2021
Interesting Patents. TUESDAY, November 30, 2021. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.
JD Supra Law
NOVEMBER 30, 2021
Judy Yee, Assistant General Counsel of Patents at Microsoft, is a tenacious yet kind and humble leader in both her current role at Microsoft and within the legal industry. In this episode, Judy shares her story with Brooks Kushman CEO Sangeeta Shah as she opens up about the professional obstacles she’s faced and how she overcame them, the importance of fine-tuning one’s self-assessment, and the incredible story that ignited her passion for pro bono work and how that’s made her a more effective.
LexBlog IP
NOVEMBER 30, 2021
CAFC & USPTO Director Nomination Hearings. At 10AM today, the Senate Judiciary Committee will hold nomination hearings for Leonard P. Stark to be United States Circuit Judge for the Federal Circuit, and Katherine Vidal to be Under Secretary of Commerce for Intellectual Property & Director of the United States Patent and Trademark Office. It appears that Judge Stark is up first on Panel 1.
Above the Fold
NOVEMBER 30, 2021
Congress is now taking steps to beef-up cyber security regulations at the federal level. The Senate introduced a bill titled the “Cyber Incident Reporting Act of 2021,” which requires covered entities—meaning an entity that owns or operates critical infrastructure—to promptly report cyber security breaches to a Cyber Incident Review Office, which then receives, aggregates, and analyzes the incident.
JD Supra Law
NOVEMBER 30, 2021
On November 23, 2021, Chief Judge Colm Connolly of the District of Delaware denied a joint request for an early summary judgment motion in patent litigation. In Fundamental Innovation Systems International LLC v. Lenovo (United States), Inc., the Court explained that it generally would not permit early summary judgment unless the motion would be dispositive and the filing party agreed to forgo filing any other summary judgment motions.
Trading Secrets
NOVEMBER 30, 2021
A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare Resources Management Group, LLC (“HRMG”) filed suit in the Southern District of Florida against several parties, including hemp products retailer Medterra CBD, LLC (“Medterra”), alleging that Medterra misappropriated its proprietary trade secret formula for a CBD cooling cre
Herbert Smith Freehills
NOVEMBER 30, 2021
Tell me about BET Vodka. The correct way to write the name, reflecting how beet is written phonetically, is B?T Vodka. It is my husband Ben’s business, which he started with a friend in 2014. They were interested in the whole idea of craft breweries and wondered whether that might work for spirits, specifically making vodka from sugar beets. Minnesota, where Ben comes from, is the third largest grower of sugar beet in the world, after being introduced by a Frenchman in the 19th century.
LexBlog IP
NOVEMBER 30, 2021
The 11 th Circuit upheld a decision to unseal “embarrassing internal communications” between members of the United Network for Organ Sharing (“UNOS”) relating to its new policy directing liver transplants to go to the sickest patients within a certain radius of the donor. The Court opened its opinion with a powerful question: “Organ donation saves lives—but whose?
Velocity of Content
NOVEMBER 30, 2021
Quality data and results are the primary product of any R&D organization. What’s even more valuable? Being able to find all this critical information when you need it later during development. Organizations that generate better, reproducible data, and can build on those results efficiently have an advantage. This 1 December at 1:00pm EST , join CCC and Dr.
LexBlog IP
NOVEMBER 30, 2021
A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare Resources Management Group, LLC (“HRMG”) filed suit in the Southern District of Florida against several parties, including hemp products retailer Medterra CBD, LLC (“Medterra”), alleging that Medterra misappropriated its proprietary trade secret formu
azrights
NOVEMBER 30, 2021
Jenni Romaniuk, in her book, Building Distinctive Brand Assets researched the extent to which various types of brand assets can substitute for the brand name once a brand becomes sufficiently well-known. The assets Jenni Romaniuk identified as being the most likely to be both unique to a brand and famous were characters, logos and fonts. As a lawyer, it is clear to me that there is a clear correlation between legal protection and the likelihood of an asset acquiring both fame and uniqueness for
LexBlog IP
NOVEMBER 30, 2021
Congress is now taking steps to beef-up cyber security regulations at the federal level. The Senate introduced a bill titled the “Cyber Incident Reporting Act of 2021,” which requires covered entities—meaning an entity that owns or operates critical infrastructure—to promptly report cyber security breaches to a Cyber Incident Review Office, which then receives, aggregates, and analyzes the incident.
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