Plagiarism Today
DECEMBER 14, 2021
The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. Fitzpatrick, a prolific reviewer of anime, had gone from running a successful channel reviewing anime to, according to his video, finding himself without revenue and facing the loss of three years of his work.
Hugh Stephens Blog
DECEMBER 14, 2021
This past October, the US Copyright Office (USCO) announced it would be undertaking “a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a focus on press publishers.” The study, announced in the Federal Register, included a request for written submissions along with inviting stakeholders to participate … Continue reading "How Can News Publishers Best Protect Their Content?
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Erik K Pelton
DECEMBER 14, 2021
There are several pieces of information accessible to the public after filing a trademark application. Although there are some benefits to having this information easily accessible, this same information is also accessible to scammers. Erik shares several privacy considerations for anyone filing at the USPTO for trademark registration. The post What Information Becomes Public in a Trademark Application appeared first on Erik M Pelton & Associates, PLLC.
IP Watchdog
DECEMBER 14, 2021
On Friday, December 10, the United States Patent and Trademark Office (USPTO) issued a “Show Cause Order” imposing sanctions against Huanyee Intellectual Property Co., Ltd. and its Executive Director, Yusha Zhang, for violations of the USPTO’s trademark rules of practice relating to improper trademark submissions. The 198-page Order, comprised mostly of an exhibit listing all of the company’s trademark filings, indicates that the Respondents named in the Order “have filed more than 15,000 tradem
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
DECEMBER 14, 2021
A group of independent film companies has taken the piracy liability issue to a new level this year. After targeting site operators and individual pirates, the makers of films such as “London Has Fallen”, “Outpost” and “Dallas Buyers Club” started going after VPN providers. They didn’t stop there either. Over the past few months, several hosting companies have been sued as well.
IP Watchdog
DECEMBER 14, 2021
Last year at this time we thought we had been through the worst of it and, with the new vaccines arriving, that life would return to normal in 2021. Hahaha, how naïve we were! But take heart; some things hold steady through the storm, such as the popular sport of trade secret litigation. Unlike most patent and copyright cases, every dispute is guaranteed to unfold as a morality play—a story of good guys and bad guys.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
DECEMBER 14, 2021
While there are plenty of stories of people hitting the proverbial jackpot when gambling, there are many more tales of habits becoming a problem. As a result, bookmakers are often portrayed as preying on victims, trying every trick in the book to part people from their money. But what if there was a way to even things out a little, to “beat the bookies” as it were?
Copyright Alliance
DECEMBER 14, 2021
It’s almost the one-year anniversary of the CASE Act being passed into law. On December 27, the “Copyright Alternative in Small Claims Enforcement Act of 2019” will turn one year […]. The post The CASE Act: One-Year Anniversary appeared first on Copyright Alliance.
JD Supra Law
DECEMBER 14, 2021
As we reported earlier this year, Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with functional limitations. In its earlier decision, the Federal Circuit affirmed the district court’s judgment as a matter of law invalidating genus claims in U.S.
IP Law 360
DECEMBER 14, 2021
While name recognition still benefits BigLaw in the recruiting process, even the most revered of those firms may have to work a little harder to appear lucrative to junior lawyers, and even more so to partners, who are placing a greater emphasis on diversity, mental health and work-life balance.
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
DECEMBER 14, 2021
On June 21st,* the Patent Trial and Appeal Board declared two new interferences involving CRISPR technology. The first, Interference No. 106,132, named Sigma-Aldrich as Senior Party and the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") as Junior Party, while the second, Interference No. 106,133 named Sigma-Aldrich as Senior Party and the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Junior Party.
IP.com
DECEMBER 14, 2021
Cherished toys hold a special place in our hearts, filled with good memories and nostalgia. As kids, we pay no attention to the legal battles our favorite toy companies are. The post The Innovative IP in your Favorite Childhood Toys appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
DECEMBER 14, 2021
On December 1, 2021, RefleXion Medical, Inc. (“RefleXion”), announced that the U.S. Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors.
Michael Geist
DECEMBER 14, 2021
Trade tensions between Canada and the U.S. have been rising in recent weeks with the U.S. Build Back Better Act proposing to create a tax credit for electronic vehicles that Canadian officials argue violates the Canada-U.S.-Mexico Agreement. The U.S. plan is said to be the equivalent of a 34 percent tariff on Canadian assembled electric vehicles. While trade disputes are not particularly noteworthy, the Canadian government response certainly is.
JD Supra Law
DECEMBER 14, 2021
Join Mayer Brown partners Richard Assmus and Oliver Yaros as they discuss with host Julian Dibbell how to address the IP pitfalls in data monetization. Their discussion will focus on the unseen value of data, the difficulties that exist with protecting data as traditional intellectual property, the paramount importance of the contracting regime that applies with any third parties that are providing or obtaining data, the typical pitfalls that exist when seeking to protect and exploit the value.
Likelihood of Confusion
DECEMBER 14, 2021
Michael Atkins examines a recent decision addressing the possibility of “restraint of trade by trademark.” The supposed nexus of antitrust and intellectual property always takes up a chapter in the. The post The old IP/antitrust axis, revived appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
DECEMBER 14, 2021
On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark Trial and Appeal Board (“TTAB”). The TTAB’s opinion highlights the importance of undertaking a good faith effort to resolve a discovery dispute before filing a discovery motion.
IP Close Up
DECEMBER 14, 2021
Researchers’ unprecedented rapid response to the Covid-19 pandemic and that of the bio-pharmaceutical companies – which included sharing proprietary technology with many dozens of partners Continue reading.
Olartemoure Blog
DECEMBER 14, 2021
La entrada Infographic | Stay up to date on Market Law se publicó primero en OlarteMoure | Intellectual Property.
JD Supra Law
DECEMBER 14, 2021
A recap of some of the most well-read IP-related updates, all aspects, published on JD Supra during 2021.
IP Law 360
DECEMBER 14, 2021
A surge in patent lawsuits that accompanied the beginning of the COVID-19 pandemic continues unabated, according to a new report that cites a 15% increase in cases since 2019.
The TTABlog
DECEMBER 14, 2021
Put aside the WYHA?s and the TTABlog Tests. Sink your teeth into this Harvard Law Review note that strikes at the heart of trademark infringement doctrine: " Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement ," 35 Harv. L. Rev. 667 (December 2021). This note posits that trademark law and the law of standing have grown apart.
IP Law 360
DECEMBER 14, 2021
While Google's victory over Oracle at the U.S. Supreme Court made the biggest splash this year, appellate and district courts delivered a stream of noteworthy copyright decisions, including disputes over embedded Instagram posts and the "Friday the 13th" horror franchise. Here are Law360's picks for the top copyright rulings of 2021.
IP Watchdog
DECEMBER 14, 2021
In written answers to Senators’ questions for the record submitted today by Kathi Vidal, President Joe Biden’s nominee for the next U.S. Patent and Trademark Office (USPTO) Director, Vidal said that she “support[s] the principle of” former USPTO Director Andrei Iancu’s Patent Eligibility Guidance for examiners, but stopped short of wholly endorsing the present guidance or committing to keeping it in place.
IP Law 360
DECEMBER 14, 2021
Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.
JD Supra Law
DECEMBER 14, 2021
Intellectual property protection is a critical pillar for establishing and maintaining competitive advantages. At the same time, it is important to strategically allocate resources to building a patent portfolio. This can be especially true for emerging companies, where spending on IP involves real tradeoffs with other business goals, and basic rules of thumb that larger companies can rely on to rest assured that they are making good decisions on IP spend, such as 1 patent per $1 million in R&am
IP Law 360
DECEMBER 14, 2021
An Argentine company suing Facebook for control of late soccer legend Diego Maradona's Instagram account dropped the case Tuesday, Florida federal court filings show.
JD Supra Law
DECEMBER 14, 2021
In a Director’s Forum blog post published December 10, 2021, the USPTO announced plans to issue proposed rule changes relating to the format in which U.S. patents are issued, making electronic patents the norm, with something akin to today’s ribboned copies available upon request (and for a nominal fee). Many of you reading this may wonder what took so long, but as with many government agency practices, it turns out there’s a statute that had to be reckoned with before the USPTO could go.
LexBlog IP
DECEMBER 14, 2021
Eris Lifesciences (“Eris”) announced its joint venture with Mumbai-based MJ Biopharm Pvt Ltd. (“MJ”), Eris MJ Biopharm Ltd., focused on the marketing and distribution of insulins (including aspart, glargine and lispro), GLP1 agonists, and potentially other biopharma products in India. Under the agreement, MJ will be responsible for the development, manufacturing and supply of the products to Eris MJ Biopharm Ltd.
JD Supra Law
DECEMBER 14, 2021
On December 8, 2021, a federal district court granted a preliminary injunction temporarily enjoining enforcement of the California state law Preserving Access to Affordable Drugs, which attempts to sanction reverse-payment patent settlement agreements. Judge Troy Nunley of the Eastern District of California held the plaintiff - a trade association of generic pharmaceutical companies - was likely to succeed in showing the California law violated the Dormant Commerce Clause because the law could.
LexBlog IP
DECEMBER 14, 2021
Director Vidal 2022. The Senate Judiciary vetted USPTO Director Nominee Kathy Vidal earlier this month. Not surprisingly, the hearing was fairly uneventful (even for uber-geeks, like myself). With a confirmation vote looming, some final written materials have been submitted by Ms. Vidal that are similarly generic in espousing any particular viewpoint that could be labeled as “pro-patent” or “anti-patent.” That said, reading the tea-leaves, there are some PTAB developments
JD Supra Law
DECEMBER 14, 2021
On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Scott R. Boalick of the Patent Trial and Appeal Board (“PTAB”) lifted a stay that he issued on May 1, 2020, pausing all activity in PTAB cases that were remanded to PTAB from the Federal Circuit under Arthrex. Within the order lifting the stay, Chief APJ Boalick reiterated the purpose of its original stay order and summarized the Arthrex procedural history, which culminated in the Supreme Court’s decision regarding the Constitutional
LexBlog IP
DECEMBER 14, 2021
It is the end of the year, which means many of you are setting goals for 2022. Good for you! But it is also the time to make sure that your internal realities align with those goals. Goal setting is fabulous. Creating new action steps is fun and while reviewing what you have may not sound nearly as exciting, it may be what moves you forward. You need to be aligned or all the pulls and pushes in different directions will slow down progress.
IP Law 360
DECEMBER 14, 2021
Two website domains are using Debevoise & Plimpton LLP's name and imitating its attorneys to peddle phishing emails and try to steal people's sensitive personal information, according to a lawsuit filed Monday in Virginia federal court.
LexBlog IP
DECEMBER 14, 2021
Interesting Patents. TUESDAY, DECEMBER 14, 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.
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