Fri.Oct 08, 2021

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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection.

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Customs and Border Protection and Trademarks protection at the border

Erik K Pelton

The following is an edited transcript of my video, Customs and Border Patrol Registration for Your Trademark. Customs and Border Protection is in the news a lot these days with all sorts of immigration and other issues, but one thing that doesn’t often get a lot of attention is the seizures of counterfeits and trademark violations that CBP makes.

Trademark 147
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VPN Hosting Company Settles Copyright Lawsuit by Blocking Pirate Sites

TorrentFreak

Hosting providers are generally seen as neutral intermediaries but some copyright holders believe that these companies should bear more responsibility. This liability for online services is a hot topic on the political agenda and it’s at the center of several lawsuits in U.S. courts as well. Lawsuits Target VPN Piracy. Over the past months, a group of independent movie companies filed a series of lawsuits against VPN providers and their hosting companies.

Copyright 139
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Trademark: Uggs are generic in Australia, Can I import them without a license from UGG®?

Patently-O

by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia. And, there are dozens of companies that make and sell ugg boots in that country, including Australian Leather Pty. Ltd. The original name “ugh” came from 1970s surfer Shane Stedman who has been quoted as saying “We called them Ughs because they were ugly.” UGG i

Trademark 136
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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?

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Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

JD Supra Law

Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? .

Invention 130
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“God, it’s brutal out here!” Unpacking Olivia Rodrigo’s million-dollar royalty payouts

IPilogue

Photo by Sebastian Chia ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Olivia Rodrigo rose to stardom this year when her song Drivers License dominated pop music charts across the world. However, Rodrigo’s subsequent album Sour has recently been circulating the news cycle for less sweet reasons.

Music 106

More Trending

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Bad Copyright Friend: When Can't Art Imitate Life?

IP Law 360

The New York Times Magazine's "Bad Art Friend" saga captured the imagination of the internet this week, detailing a juicy dispute in which a writer-turned-kidney donor accused a fellow author of cribbing details from her charitable journey for a fictionalized short story.

Art 104
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Cloudflare Isn’t Liable for Providing Services to Alleged Infringers–Mon Cheri Bridals v. Cloudflare

Technology & Marketing Law Blog

The plaintiffs claim copyright ownership in wedding dress designs. They also claim that knockoff retailers are infringing those rights. Frustrated by the whack-a-mole enforcement efforts against individual retailers, the plaintiffs sued Cloudflare for providing support services to them, including caching, content delivery, and security services. The district court grants summary judgment to Cloudflare.

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Facebook Hit With UK Copyright Suit Over Fraudulent Ads

IP Law 360

A small business owner has sued Facebook over scam adverts that the platform allegedly failed to block, a move her lawyers said could pave the way for similar cases against the social media giant.

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BREAKING: Mercer Review on UK patent attorney exams released

The IPKat

As trainee patent attorneys across the country begin their final days of preparation for the UK qualifying examinations, CIPA today released the long-awaited Mercer Review. The Review has been published in the latest version of the CIPA journal (CIPA login required). Background: A need for change The CIPA president announced the launch of the Mercer Review at the CIPA East of England regional conference back in 2019, following the debacle of the 2018 FD4/P6 examination ( IPKat ).

Patent 82
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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.

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Chancery Kills Cox's Pending Wireless Deal with Verizon

IP Law 360

Cox Communications Inc. may not partner with Verizon to provide wireless mobile services because it is bound by an agreement with Sprint to launch the service with T-Mobile, a Delaware Chancery judge ruled Friday.

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Examining the Relationship between IPR and Food Security

IP and Legal Filings

Food security: An overview. Essentially, food security refers to the social, physical and economic access to safe and nutritious food at all times which will ensure a positive nutritional impact on all people across the world. Primarily, food security is a culmination of three elements: availability, access and utilization. Firstly, it is imperative that food is available consistently in sufficient quantities through stock production, trade or aid.

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KC And The Sunshine Band Bassist Hits EMI With IP Suit

IP Law 360

Bass guitarist Richard Finch of the popular '70s disco group KC and the Sunshine Band sued Sony Music's EMI Longitude Music on Friday in California federal court, looking to claw back partial copyrights for nearly 100 songs that Finch co-wrote.

Music 98
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Senator Tillis Letter to Ambassador Tai: TRIPS Waiver (Copyright)

IP Watchdog

Dear Ambassador Tai: I write you again today for the fourth time about the Biden Administration’s waiver of international obligations under the Trade-Related Aspects of Intellectual Property Rights, or TRIPS agreement. Last week, several open-content organizations wrote to President Biden and argued that your proposed TRIPS Waiver should cover not just patents, but also copyright and other intellectual property rights.

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Teva Gets Bayer's Cancer Drug Patent Invalidated In UK

IP Law 360

A London judge on Friday invalidated a Bayer patent for a liver and kidney cancer drug, clearing the way for generic-drug maker Teva to release its own version of the product.

Patent 95
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Digital Inclusion Week 2021: Supporting Digital Equity and Digital Empowerment

U.S. Department of Commerce

Digital Inclusion Week 2021: Supporting Digital Equity and Digital Empowerment. October 8, 2021. KCPullen@doc.gov. Fri, 10/08/2021 - 13:31. Minority business growth. In the 21 st century economy, broadband access and affordability isn’t a luxury – it’s essential to everyday life. Our economy cannot fully recover unless all Americans can fully participate in our Nation’s digital economy.

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Phanatic's 'Free Agent' Fight Ends In IP Suit Deal With Phillies

IP Law 360

The Philly Phanatic won't be wearing Yankees pinstripes or Astros orange any time soon, after the Philadelphia Phillies and the originators of the team's fuzzy green mascot reached a settlement in a lawsuit over ownership of the design, according to filings in a New York federal court.

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[Audio] The Briefing by the IP Law Blog: Naming Rights for LA Clippers Dome: FinTech Steps Intuit

JD Supra Law

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the naming rights agreement between the Los Angeles Clippers and Intuit whereby the Clippers agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome.

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Copyright Termination, Work-For-Hire Doctrine Need Review

IP Law 360

A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. No hints this time. Let's see how you do with them. Answer will be found in the first comment. In re JHO Intellectual Property Holdings LLC , Serial No. 88784575 (September 10, 2021) [not precedential] (Opinion by Judge Cheryl S. Goodman).

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Brand Battles: NY Developer Fights 'Hudson Yards' TM App

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the developer behind New York's Hudson Yards is trying to block an Indian textile giant's trademark application on the same name — plus eight other cases you need to know about.

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What’s in a Name? Patentability.

JD Supra Law

In In re SurgiSil LLP, [2020-1940] (October 4, 2021), the Federal Circuit reversed the Patent Trial and Appeal Board’s decision affirming an examiner’s rejection of SurgiSil’s design patent application No. 29/491,550 on an “ornamental design for a lip implant as shown and described.”. By: Harness, Dickey & Pierce, P.L.C.

Patent 63
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The Weeknd Didn't Swipe 'Lonely Night' Melody, 9th Circ. Says

IP Law 360

The Ninth Circuit on Friday refused to revive a copyright infringement suit accusing Canadian pop artist The Weeknd of ripping off a British duo's song to make his track "A Lonely Night," saying there's no evidence the song was copied.

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Inventors, Disaster Scientists and Entrepreneurs: Commerce Home to Diverse-Range of Hispanic Pioneers

U.S. Department of Commerce

Inventors, Disaster Scientists and Entrepreneurs: Commerce Home to Diverse-Range of Hispanic Pioneers. October 8, 2021. KCPullen@doc.gov. Fri, 10/08/2021 - 09:30. NIST Disaster Scientist Judy Mitrani-Reiser addresses a press conference on the technical investigation of the collapse of the Champlain Towers South condominium in Surfside, Florida. Observed annually from September 15—October 15, Hispanic American Heritage Month is a time to reflect upon and celebrate the remarkable role of the Hispa

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Fed. Circ. Upholds PTAB's Lego, Warner Bros. Chip IP Rulings

IP Law 360

A Federal Circuit panel on Friday affirmed a Patent Trial and Appeal Board's mixed ruling invalidating parts of a FigureFun LLC's gaming patent challenged by Lego Group's U.S. unit and Warner Bros. Home Entertainment Inc.

IP 74
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It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

JD Supra Law

- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign of things to come for music companies who are looking to take hit makers under their wings and broaden music artists' digital reach?

Music 61
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3 Ways CLOs Can Drive ESG Efforts

IP Law 360

Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

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non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading

43(B)log

Rivera v. S.C. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. Sept. 24, 2021) Plaintiffs alleged that S.C. Johnson’s labeling of its Windex cleaning products as “Non-Toxic” was misleading in violation of NY’s GBL because those products contain ingredients that may be harmful to humans, pets, or the environment. The court rejected many of S.C.

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W2 vs 1099-NEC: Which Does My Business Have to Issue?

Legal Zoom

Should you file W2s for employees or 1099-NEC forms for independent contractors? You might need to file both.

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Disney's Toy Story 4 daredevil not legally risky

43(B)log

K & K Prods., Inc. v. Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D. Nev. Sept. 23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.

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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

LexBlog IP

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection.

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Judge Vyskocil Allows Amino Acid Case to Go Forward Despite “Group Pleading” and “Inconsistent Allegations” of Infringement

JD Supra Law

On September 27, 2021, U.S. District Court Judge Mary Kay Vyskocil held that plaintiffs Ajinomoto Co., Inc. and Ajinomoto Heartland Inc. had alleged plausible claims for relief for infringement under 35 U.S.C. § 271(g), for inducement of infringement, and for willful infringement, despite the complaint’s purported “group pleading” and “inconsistent allegations” of infringement by the three related defendant corporations.

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Apple Seeks Win Or Retrial After $300M 4G LTE Verdict

IP Law 360

Apple asked a Texas federal judge Friday to toss a $300 million judgment for infringing Optis Wireless Technology's patents and order a new trial on the amount of damages awarded by the jury, or to find no damages are owed, arguing erroneous jury instructions contributed to the inflated amount.

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Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

LexBlog IP

By Randal Shaheen and Matthew Renick. To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Specifically, Commissioner Slaughter sought to bust five myths about privacy and data collection, and offered her perspective on where we ought to go in light of renewed congressional and regulatory scrutiny of

Privacy 52
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CAFC Patent Cases - September 2021 #3

JD Supra Law

Precedential Federal Circuit Opinions IN RE: JUNIPER NETWORKS, INC. [OPINION] (2021-160, September 2, 2021) (Lourie, Bryson, and Taranto) - Per curiam. Issuing writ of mandamus directing the United States District Court for the Western District of Texas to transfer the case to the United States District Court for the Northern District of California. .

Patent 52