IP Watchdog
MARCH 18, 2022
As discussed previously, the critics are in full howl now that their attempts to enact legislation controlling drug prices has failed once again. They are applying unprecedented political pressure on Secretary Xavier Becerra at the Department of Health and Human Services (HHS) to misuse the march in provisions of the Bayh-Dole Act to accomplish their goal.
TorrentFreak
MARCH 18, 2022
Jake Paul vs Ben Askren was one the most-hyped boxing events of recent years, despite the former having limited experience in the boxing ring and the latter having none. Askren was quickly knocked out in the Triller-promoted match, giving fans poor value for their PPV spend. Well, those who paid for it, at least. Soon after the event was over, Triller promised a scorched-earth approach to all pirates, from those who simply watched the fight to those who allegedly facilitated access to it.
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IPilogue
MARCH 18, 2022
Photo by Johan Mouchet ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM candidate at Osgoode Hall School of Law. The Australian Indigenous community just scored a major win for their cause to reverse colonialism. It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freein
JD Supra Law
MARCH 18, 2022
As the market value of non-fungible tokens (“NFTs”) continues to soar, legal practitioners will soon face the contractual, copyright and trademark issues that accompany this new technology. This article explains how a recent headline-grabbing case over rights in the 1994 film “Pulp Fiction” is a harbinger of NFT-related litigation to come. Originally published in USLaw Magazine - March 2022.
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 Watchdog
MARCH 18, 2022
This week in Other Barks & Bites: the EU and the U.S. agree to draft language of a waiver of reciprocal obligations under the TRIPS Agreement for patented COVID-19 vaccines; the USPTO’s latest report on IP intensive industries show increased contributions to GDP and U.S. employment; NSF Director Panchanathan announces a new Technology, Innovation and Partnerships Directorate to facilitate commercialization of lab research; Judge Leonard Stark is sworn in at the Federal Circuit; Senators Til
JD Supra Law
MARCH 18, 2022
Cooley has been closely monitoring the situation in Russia, Belarus and Ukraine following Russia’s invasion of Ukraine in February 2022. Although the situation is in flux and circumstances may change with little or no notice, we’ve provided a summary below of recent intellectual property (IP) developments in Russia, Belarus, Ukraine and the Eurasian Patent Organization, along with a description of the actions that Cooley has taken in response to these developments and our current.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MARCH 18, 2022
On March 16th, the Federal Circuit denied Biogen's petition for panel rehearing and rehearing en banc in Biogen Int'l GmbH v. Mylan Pharmaceuticals Inc. Judges Cunningham and Stoll did not participate in the decision, which was issued per curiam and supported by Judges Dyk, Prost, Reyna, Taranto, Chen, and Hughes.
The IPKat
MARCH 18, 2022
Having been an avid reader of this blog since his legal traineeship days (and albeit originally a convinced dog lover) this GuestKat has always been amused and entertained by its peculiar editorial line. So he is honoured to review a movie which, under the suggestion of PermaKat Neil Wilkof, he watched during a particular beginning to 2022, where as much as 50% of his acquaintances were quarantined because of Covid, including the undersigned (this Kat has since recovered, thanks, and he is rathe
JD Supra Law
MARCH 18, 2022
Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.
Technology & Marketing Law Blog
MARCH 18, 2022
The Georgia Supreme Court has issued a troubled, and troubling, opinion in Maynard v. Snap. The opinion will delight law professors who love geeking out about the elements of common law negligence claims. It will also inspire plaintiffs to bring more negligent design claims against Internet services–a looming tsunami of litigation. But this case also raises important free speech issues that get buried in the court’s technical analysis of the negligence elements, and it casts an uncom
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JD Supra Law
MARCH 18, 2022
In Alarm.com Incorporated v. Hirshfeld1 the Federal Circuit analyzed whether a party’s challenge to the United States Patent & Trademark Office (“USPTO”) Director’s decision to vacate requests for ex parte reexamination without deciding if a “substantial new question of patentability” was raised, is subject to judicial review. The underlying case involved a party—Alarm.com Incorporated (“Alarm”)—who had first challenged a number of patents through the USPTO’s inter partes review (“IPR”) proc
IP Law 360
MARCH 18, 2022
The top two members of the Senate's intellectual property subcommittee are backing a bill that could give the U.S. Copyright Office the power to force internet service providers to use technology that protects against "distribution of stolen content.
JD Supra Law
MARCH 18, 2022
Judge Orrick in the Northern District of California recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The court found that the claims recited the abstract idea of creating and transmitting video at two different resolutions and adjusting the video’s setting remotely.
IP Law 360
MARCH 18, 2022
U.S. District Judge Rodney Gilstrap has rebuffed two video game developers' bid for a new trial after a jury held that Sony's PlayStation console didn't rip off their patented technology, finding that the developers couldn't contest claim constructions that they'd previously agreed to.
JD Supra Law
MARCH 18, 2022
Two recent Federal Circuit decisions involved the interpretation of forum-selection clauses in non-disclosure agreements. In particular, the question was whether the forum selected by the parties prevented a party from bringing an inter partes review (IPR) proceeding in the U.S. Patent and Trademark Office to attack the other party’s patents.
IP Law 360
MARCH 18, 2022
The automation giant Emerson Electric Co. says it should be allowed to see a settlement deal Facebook reached with one of its top competitors in 2018 as the companies eye a new trial in their long-running dispute over allegations of stolen trade secrets.
43(B)log
MARCH 18, 2022
Victory Global, LLC v. Fresh Bourbon, LLC, 2022 WL 785039, No. 5:21-62-KKC (E.D. Ky. Mar. 14, 2022) Both parties are “owned by African Americans, and both sell bourbon.” Plaintiff operates under the name Brough Brothers Distillery. Brough Brothers claims to be the “first and, and presently, the only African-American owned bourbon distillery in the Commonwealth of Kentucky.
IP Law 360
MARCH 18, 2022
As new patent application filings directed to blockchain and cryptocurrency innovations dramatically increase, practitioners can navigate thorny prosecution and enforcement issues by carefully drafting applications that refrain from overemphasizing solutions' financial and economic aspects, protect multiple techniques and avoid divided infringement, say attorneys at Finnegan.
The Trichordist
MARCH 18, 2022
When will the monopolist Daniel Ek stop poormouthing about artist royalties?
IP Law 360
MARCH 18, 2022
A Pennsylvania federal judge has ruled that Nike is on the hook for legal fees but can escape some costs after a jury found in October that the athletic gear giant infringed a Philadelphia-area sportswear company's trademarked "cool compression" branded clothing.
IP Tech Blog
MARCH 18, 2022
Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. Mason Rothschild , currently pending in federal district court in New York. In this case, Hermès claims that NFTs called METABIRKINS —which allude to the Hermès iconic (and trademarked) BIRKIN ® handbag—infringe and dilute Hermès trademarks.
IP Law 360
MARCH 18, 2022
Set to begin hearing cases this spring, the new Copyright Claims Board is meant to be a low-cost, quick option for copyright owners to bring their infringement claims, but attorneys say litigants may not rush to take cases to the board right as it gets up and running.
43(B)log
MARCH 18, 2022
Mosafer Inc. v. Broidy, 2022 WL 793029, No. 2:21-cv-06320-MCS-JC (C.D. Cal. Feb. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence.
IP Law 360
MARCH 18, 2022
A Georgia federal judge refused to dismiss third-party claims against a Canadian entrepreneur, ruling that a company named in a $4.2 million trademark infringement case over products derived from the herbal extract kratom sufficiently alleged the entrepreneur acts as an alter ego for the entities that sued it.
The TTABlog
MARCH 18, 2022
A TTAB judge once said to me that you can predict the outcome of a Section 2(d) appeal 95% of the time by looking at the marks and the goods/services. This year, the Board has affirmed 44 of the first 45 Section 2(d) refusals it has considered. Here are the latest three. How do you think they came out? [Answer in first comment.] In re Liquid Web LLC , Serial No. 88910823 (March 14, 2022) [not precedential] (Opinion by Judge Cynthia C.
IP Law 360
MARCH 18, 2022
The video game maker behind Call of Duty and World of Warcraft has failed to convince a Massachusetts federal judge it was owed at least $2 million in attorney fees after successfully using the U.S. Supreme Court's landmark Alice ruling to defeat a patent suit.
JD Supra Law
MARCH 18, 2022
When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”).
Patently-O
MARCH 18, 2022
Guest Post by Professor Jorge L. Contreras. On March 8, 2022, five U.S. senators [1] introduced the “ Defending American Courts Act ” (DACA) in the Senate Judiciary Committee. If enacted, DACA would penalize parties that assert foreign anti-suit injunctions (ASIs) in U.S. patent infringement proceedings, effectively creating a statutory “anti-anti-suit injunction” (AASI) applicable in all courts across the U.S.
IAM Magazine
MARCH 18, 2022
Tillis staffer says proposal could address national IP policymaking that sometimes seems “disjointed”, but open questions include where the new agency would sit and how it would fund itself.
Likelihood of Confusion
MARCH 18, 2022
Colin Samuels’s Infamy or Praise posts its unofficial Blawg Review, Number 23 in the “Round Tuit” series. So you go right over there are read it. Also the official Blawg Review, The post Gotta get a Round Tuit appeared first on LIKELIHOOD OF CONFUSION™.
IAM Magazine
MARCH 18, 2022
The fast pace and compressed nature of Section 337 investigations make them a powerful enforcement tool in cases of trade secret misappropriation, argue L Andrew Tseng and Ryan Lewis of Troutman Pepper.
JD Supra Law
MARCH 18, 2022
This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible. I’m coming back for my second year of the “Sports & Entertainment Spotlight.” We have unfinished business. LFG (as in Law: Foster Garvey—what else?!).
IAM Magazine
MARCH 18, 2022
The fast pace and compressed nature of Section 337 investigations make them a powerful enforcement tool in cases of trade secret misappropriation, argue L Andrew Tseng and Ryan Lewis of Troutman Pepper.
JD Supra Law
MARCH 18, 2022
Parallel proceedings before the USPTO Patent Trial and Appeal Board (PTAB) are a common feature of district court litigation, and it is common for the factual records to overlap between these tribunals. As a result, questions often arise regarding whether the record before the PTAB can serve as evidence in district court, and vice versa. This article examines various ways in which parties have sought, successfully and unsuccessfully, to leverage the record from one tribunal before the other.
Patent Trademark Blog
MARCH 18, 2022
What is an intellectual property right? Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. It’s often called intangible. So what is IP exactly? At its core, intellectual property is a legal right. More specifically, IP is a legal right that gives the owner power to stop others from doing something.
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