Fri.Feb 11, 2022

article thumbnail

New Music Industry Takedown Service Targets NFT and ‘Metaverse’ Piracy

TorrentFreak

There’s a market for pretty much anything digital today and ‘collectables’ in particular sell like hot cakes. The non-fungible token (NFT) rage shows that people are willing to pay vast amounts of money for a digital gimmick, that may or may not retain its value. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate ‘owners’ to some underlying asset.

Music 136
article thumbnail

Another Court Says Facebook Isn’t a State Actor–McWaters v. Houston

Technology & Marketing Law Blog

McWaters was arrested for allegedly sexually abusing a minor, but the grand jury didn’t issue an indictment. He sued various defendants for publicizing the accusations. Among others, he sued Facebook for allegedly engaging in discriminatory content moderation in violation of the Fourteenth Amendment. That argument doesn’t seem to make sense here, but it’s inconsequential because Facebook isn’t a state actor: Facebook, as a social media company, does not become a state act

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Pirate IPTV Operator Ordered to Pay $231,000 in Damages

TorrentFreak

When it comes to anti-piracy investigations and prosecutions, Sweden is perhaps best well known for its work against The Pirate Bay but over the past few years a new threat has emerged. With torrent sites remaining fairly popular, Swedish authorities have also been attempting to disrupt the pirate IPTV subscription market, services that allow users to access premium live TV channels (plus movies and TV shows) at a fraction of the official market rate.

article thumbnail

Patent Filings Roundup: End-of-Month Filing Spike; IP Val Sues Smart Thermostat Cos.

IP Watchdog

Last week included the end of January, which meant district court filings spiked as they usually do at the end of the month, with 92 new patent filings, and plenty of terminations (66). Patent Trial and Appeal Board (PTAB) challenges (41) were propped up by filings between Ericsson and Apple in their large-scale 5G dispute, Samsung challenging an entire portfolio, it seems, on some assets owned by a subsidiary of the perennial file-and-settle consort IP Edge (which seems to be getting big eyes a

IP 113
article thumbnail

Software Composition Analysis: The New Armor for Your Cybersecurity

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?

article thumbnail

Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets

JD Supra Law

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade secret? And what are some best practices for protecting trade secrets? In this post, we explore important considerations and essential business practices to keep in mind when working to protect the value of trade secrets specific to AI/ML platforms, as well as the pros and cons of

Invention 104
article thumbnail

Other Barks & Bites for Friday, February 11: CAFC Denies Rehearing in Skinny Label Case; WIPO Reports 2021 PCT Filing Statistics, Judge Newman Dissents from NARCAN Patent Invalidity Ruling

IP Watchdog

This week in Other Barks & Bites: the The Federal Circuit denies rehearing in Teva's case with GlaxoSmithKline’s regarding Teva's induced infringement of a GSK patent directed to a method of treating Congestive Heart Failure; the Eleventh Circuit affirms that press release statements regarding patent licensing and other business activities by Revolutionary Concepts included false statements violating federal securities law; the World Intellectual Property Organization reports that nearly 55

Reporting 104

More Trending

article thumbnail

If Audiobooks Go AI

Velocity of Content

In an October 2021 article for Publishers Weekly as well as in a January 2022 podcast interview for CCC’s Velocity of Content, publishing consultant Thad McIlroy explored the possibility that narration by machine – using artificial intelligence algorithms and computer-generated voices – would soon arrive in the audiobook market. As publishers increasingly rely on digital audio for revenue and profit, any move toward AI narration has voice actors not surprisingly very concerned.

Editing 98
article thumbnail

Broad Files Contingent Preliminary Motion No. 2 to Designate Claims Corresponding to Substitute Count 3

JD Supra Law

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 2 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to add claims 52-54 of Broad Application No. 16/177,403 to the interference, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208 and Standing Order ¶ 203.2.

Design 98
article thumbnail

Workflow of the Future: The Role of Standards Part II

Velocity of Content

Cord Wischhöfer, CEO of DIN Software shares perspectives from a Standards Development Organization (SDO). On Jan 27th, 2022, CCC brought together a panel of industry experts who presented their perspectives on the challenges faced by standards developers and standards users as they move into a dynamic future. This event was supported by the U.S. Department of Commerce’s International Trade Administration’s Market Development Cooperator Program It was well-attended by representatives from US-base

article thumbnail

NFTs: Key Considerations for Rights Clearance

JD Supra Law

Non-fungible tokens (NFTs) have exploded in popularity over the past year. Use cases for NFTs have been growing as more industries are realizing the benefits they present. A report by blockchain specialist Chainalysis found that almost $41 billion was spent on NFTs in 2021—a number that is likely to continue growing.

article thumbnail

IPO Diversity in Innovation Toolkit

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.

article thumbnail

DC Comics Battles Unilever To Shield 'Wonder' TM In UK

IP Law 360

DC Comics urged a London judge on Friday to prevent Unilever from creating a brand of cosmetics called "Wonder Mum" in the U.K., insisting that consumers would assume the line was linked to its famous Wonder Woman superhero.

Brands 98
article thumbnail

PMPRB update: New regulations now coming into force July 1, 2022

JD Supra Law

The coming into force date of the amended Patented Medicines Regulations governing the Patented Medicine Prices Review Board (PMPRB) has been deferred for the fourth time, now until July 1, 2022. The news was announced on December 23, 2021 in a statement from the Minister of Health. We have prepared an unofficial consolidated version of the Patented Medicines Regulations incorporating the amendments to date.

article thumbnail

An opinion to Di for

Likelihood of Confusion

I do a lot of bellyaching around here about how there are never any consequences for filing frivolous trademark and copyright lawsuits. What’s the worst thing that can happen to. The post An opinion to Di for appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Counterfeit goods are flooding the internet. What can we do?

JD Supra Law

It used to be that counterfeit goods in the United States originated in well-known places like New York City’s Canal Street, or perhaps other niches in a city near you.

98
article thumbnail

Reading list: Dalindyebo Shabalala on traditional knowledge, insiders, and The Lion Sleeps Tonight

43(B)log

Reading list: Dalindyebo Shabalala, “Do we need Exit rules for Traditional Knowledge? Lessons from Solomon Linda, and the Mbube/‘The Lion Sleeps Tonight’ case” Really interesting work, which resonates both with communities from which traditional knowledge/cultural expressions come and communities with different boundaries, like tattoo artists, scientists sharing samples, and fan authors.

article thumbnail

I Received a “Cease and Desist” Letter – What Should I Do?

JD Supra Law

Receiving a “cease and desist” letter from a lawyer can be stressful and sometimes confusing, and it’s not always clear whether and how a person should respond. .

article thumbnail

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

The TTABlog

So far in 2022, the Board has considered 26 appeals from Section 2(d) refusals and has affirmed the refusal in every case. Here are the latest three appeals. Has the streak been broken? How do you think they turned out? [Answers in first comment]. In re Pretentious Beer LLC , Serial No. 88815635 (February 7, 2022) [not precedential] (Opinion by Judge Linda A.

Design 70
article thumbnail

Fed. Circ. Clamps Down On Post-IPR Invalidity Arguments

IP Law 360

A recent Federal Circuit ruling will restrict companies that have challenged patents in inter partes reviews from making invalidity arguments in later infringement litigation that some courts had allowed, turning IPRs into the primary battleground for validity disputes, attorneys say.

article thumbnail

Bringing Real Objects into VR: Sony’s Patent for 3D-Scanning Technology

IPilogue

Photo by JESHOOTS.COM ( Unsplash ). . Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Playing games in your room is one thing, but what about bringing your room into your game? Sony allegedly updated a patent for virtual reality (“VR”) technology that can scan real objects into virtual reality. As per GameRant , Sony appears to finally be moving forward with the patent process despite issues and resubmissions following their initial filing on June 23, 2021.

article thumbnail

Brand Battles: Insider Inc. Wants 'Insider AI' TM Out

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the parent company of Business Insider is trying to stop an Israeli company from registering "Insider AI" as a trademark — plus four other cases you need to know.

article thumbnail

Certification brands reveal registration and infringement struggles

Managing IP

Sources at Underwriters Laboratories, the Idaho Potato Commission and elsewhere say specimen requirements can complicate certification mark registration

article thumbnail

UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen Jimi Hendrix's bandmates' heirs sue Sony over copyright, the company that maintains England's major roads sue Aviva, and EasyJet's founder take aim at yet another company for using the prefix "Easy." Here, Law360 looks at these and other new claims in the U.K.

article thumbnail

The digital transformation of IP management still has a long way to go

IAM Magazine

Saturday Opinion : Though digital IP tools have come a long way, Anushka Arya and Nigel Wong of Rouse Consultancy argue that they have yet to make inroads into the most high-level areas of IP decision making.

IP 52
article thumbnail

Record Labels Win $83M Russian 'Stream-Ripping' Sites Suit

IP Law 360

A Virginia federal judge Thursday awarded $82.9 million in statutory damages to a dozen record labels, including Warner Bros. Records Inc. and Sony Music Entertainment, in a copyright suit that was revived by the Fourth Circuit against the Russian owner of two popular "stream-ripping" music piracy sites.

Music 74
article thumbnail

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: United States v. Arthrex, 141 S. Ct. 1970 (2021)

JD Supra Law

Arthrex appealed a final written decision from an inter partes review (IPR) where the U.S. Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued that the appointment of administrative patent judges (APJs) to the PTAB violates the Appointments Clause of the U.S. Constitution and therefore that the final decision should be vacated.

Patent 52
article thumbnail

Bungie Wants 'Destiny 2' Cheat-Code Maker Locked In IP Suit

IP Law 360

The video game developers behind "Destiny 2" asked a Washington state federal judge on Thursday to keep alive a lawsuit accusing a software company of ripping off its copyrights to create and sell cheat codes to help players gain an unfair advantage.

IP 74
article thumbnail

IPR Estoppel: The Federal Circuit finally speaks, and affirms the broader interpretation for estoppel

JD Supra Law

In a decision released on February 4, 2022 in California Institute of Technology v. Broadcom Limited, the Federal Circuit finally clarified the scope of inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(2). In particular, the Federal Circuit adopted the broader interpretation, in which IPR estoppel precludes petitioners from asserting in district court any grounds raised or that could have been raised in their IPR petitions.

article thumbnail

Shackelford Scoops Up More Winstead Attys In Texas

IP Law 360

Shackelford Bowen McKinley & Norton LLP announced the addition this week of two intellectual property partners in Texas who are following in the footsteps of six of their former Winstead PC colleagues who joined the firm two years ago.

article thumbnail

Sports and Entertainment Spotlight: Member of the ROC Figure Skating Team Is Suspected of a Doping Scandal, and Former Miami Dolphins Coach Brian Flores Maintains His Stance on NFL’s Discriminatory Hiring Practices

JD Supra Law

Welcome back, and in case you’ve been living under a rock (unless it’s a "30 Rock"), two of the biggest sporting events will command millions upon millions of eyeballs for NBC this weekend with the Winter Olympics (already in full swing in Beijing) and the National Football League’s (NFL) Super Bowl LVI due to kick-off on Sunday between the Cincinnati Bengals and Los Angeles Rams (and Madison Avenue Agencies).

52
article thumbnail

Group of big company general counsel calls for Fintiv overturn to “restore balance to the American patent system”

IAM Magazine

Leaders from businesses including Intel, Micron and GM write to Commerce Secretary Gina Raimondo claiming that without a dependable inter partes review system key business investments are impossible.

article thumbnail

Legal Issues Related to Non-fungible Tokens

JD Supra Law

Non-fungible tokens (NFTs) provide new avenues of investment and secured lending opportunities for borrowers and lenders alike but also raise number of legal considerations. By: Adler Pollock & Sheehan P.C.

article thumbnail

Bareboat Charters: Things to Consider

LexBlog IP

In Florida, we are lucky to have a year-round boating season. However, with so many boats here in Southwest Florida, boat owners often look for ways to maximize their boats’ usage and, of course, their profitability. Boat owners can maximize profitability and limit liability by renting their boats under bareboat charter arrangements. What is a Bareboat Charter?

Privacy 52
article thumbnail

Lead Article: Snooze? Think Again—Prosecution Laches and Why Applicants and Litigants Should Beware

JD Supra Law

Twenty-six years ago, the term of a patent was changed from 17 years from issuance to 20 years from filing. Before this change, it had been a common practice for applicants to file continuations of patents to delay their issuance to keep the patents alive for as long as possible. These patents are sometimes referred to as “submarine patents”—an name apt for their presumed purpose, which is to hide below the surface and emerge when needed.

article thumbnail

Emerging Trends In Digital Copyright Law

Biswajit Sarkar Copyright Blog

Introduction. In the last two decades, there has been a manifold increase in digitalization and technological advancements. People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. While these developments have certainly made our lives easier, it has also led to many concerns regarding intellectual property right protection.

article thumbnail

Patent Case Summaries - February 2022 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52