Plagiarism Today

DECEMBER 6, 2021

Last week, five major education publishers filed a lawsuit against Shopify alleging that the ecommerce service provider has enabled rampant commercial textbook piracy on its platform. According to the publishers, which include Macmillan Learning, Cengage Learning, Elsevier, McGraw Hill and Pearson Education, they have sent more than 32,000 takedown notices to Shopify over allegations ebook piracy only for the company to throw up roadblocks to getting content removed and have the company fail to

Publishing 268

Publishing Copyright Infringement Copyright Trademark 268

Erik K Pelton

DECEMBER 6, 2021

The following is an edited transcript of my video, Creative Trademarks Are Alive and Well on Main Streets in America. . One summer tradition that my family and I really enjoy is a great road trip to explore someplace new, especially smaller towns up and down the East Coast, where I’ve lived for my whole life. I’ve seen many of the small towns and college towns, but I’m always looking to explore new ones.

Trademark 147

Trademark Branding Brands Branding 147

Plagiarism Today

DECEMBER 6, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Publishers Sue Shopify, Alleging Copyright Violations. First off today, Suzanne Smalley at Inside Higher Ed reports that five major textbook publishers have teamed up to file a lawsuit against Shopify over allegations that the ecommerce platform is enabling rampant piracy.

Copyright Infringement 192

Copyright Infringement Publishing Plagiarism Copyright 192

TorrentFreak

DECEMBER 6, 2021

Earlier this year, Germany’s largest Internet providers agreed to voluntarily block pirate sites as part of a deal they struck with copyright holders. These blockades, which are put in place following a thorough vetting process, are generally implemented on the DNS level. This is a relatively easy option, as all ISPs have their own DNS resolvers.

Music 134

Music Copyright Government Reporting 134

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?

Technology

IP Watchdog

DECEMBER 6, 2021

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. Moderna and NIH collaborated on developing a functional vaccine for COVID-19, which is not in dispute.

Invention 122

Invention Inventor Patent Application Designs 122

TorrentFreak

DECEMBER 6, 2021

Despite an increasing number of lawsuits, raids and seizures around the world, many pirate IPTV providers and resellers continue to offer their services to the masses. At least in part, this may be a calculation based on the likelihood of being targeted, let alone identified and held to account. Nevertheless, some of the most powerful entertainment companies in the world are continuously on the prowl, looking for operations of wider importance and/or representing lower-hanging fruit.

Copyright Infringement 133

Copyright Infringement Licensing Copying Copyright 133

JD Supra Law

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report, which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. Each year, IP Spotlight analyzes this Report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant?

Editing 101

Editing Trademark Patent Reporting 101

IP Law 360

DECEMBER 6, 2021

Self-professed bitcoin inventor Craig Wright escaped a potential multibillion-dollar verdict Monday in his fight with the estate of computer forensics expert Dave Kleiman after jurors hit him with a $100 million judgment but found that there was no breach of any business partnership between the two.

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Inventor Business 98

JD Supra Law

DECEMBER 6, 2021

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 31 biosimilars have been approved, 16 of which have launched. Strikingly, the number of post-grant challenges against biologics patents has precipitously dropped since reaching a peak in 2017.

Litigation 101

Litigation Patent 101

Velocity of Content

DECEMBER 6, 2021

In the 2021 edition of Global 50 , an annual ranking of publishing’s leading firms, industry analyst Rüdiger Wischenbart reports that the combined revenue of the top 10 companies tops that of the following 40. In the US and other regions, he notes, regulators, authors and consumer advocates watch warily as market consolidation advances unchecked.

Publishing 98

Publishing Editing Ownership Marketing 98

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.

Patent

JD Supra Law

DECEMBER 6, 2021

It is well to recall that the battle over inventorship and thus ownership of CRISPR technology is not limited to the parties in the various interferences surrounding the Doudna and Zhang patents and applications (see "CRISPR Battle Joined Again" and "The CRISPR Chronicles: Enter Toolgen"), as well as remembering that the technology continues to be developed and those developments are or will also be subject to patent protection.

Technology 101

Technology Ownership Patent 101

Likelihood of Confusion

DECEMBER 6, 2021

There’s blogging about Minnesota, bad Minnesota IP blogging, and then there’s great Minnesota IP blogging. Steve Baird’s Duets Blog is based in Minneapolis, is the last of these, but its influence. The post Steve Baird makes trademark blogging SNAP, crackle and pop appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 92

Blogging Trademark IP 92

JD Supra Law

DECEMBER 6, 2021

On November 30, 2021, a jury in the patent infringement suits between Illumina, Inc. and BGI Genomics Co. in the U.S. District Court for the Northern District of California returned a verdict invalidating certain patent claims of Illumina's U.S. Patent No. 7,541,444 (the '444 Patent) and U.S. Patent No. 10,480,025 (the '025 Patent) asserted against BGI in the suit, which are directed to blocked nucleotide molecules.

Patent Infringement 98

Patent Infringement Patent 98

Michael Geist

DECEMBER 6, 2021

Privacy breaches have become increasingly commonplace as businesses of all sizes grapple with how to keep customer information secure and what to do when things go wrong. The issue is particularly challenging for small and medium sized business, who are forced to navigate a regulatory framework that isn’t easy and can be extremely expensive. Enter JusTech , a project launched by Ritesh Kotak , Ayushi Dave , and Ryan Mosoff , three University of Ottawa law students who leveraged legal innovation

Privacy 84

Privacy Law Technology Business 84

JD Supra Law

DECEMBER 6, 2021

The Patented Medicine Prices Review Board (PMPRB) has released its 7th edition CompassRX report, Annual Public Drug Plan Expenditure Report for 2019/20. The report was prepared as part of the National Prescription Drug Utilization Information System (NPDUIS), and examines public drug plan expenditures in Canada, including analyzing the main factors that drive annual changes in prescription drug expenditures.

Reporting 98

Reporting Editing Patent 98

Patently-O

DECEMBER 6, 2021

by Dennis Crouch. In re: accessiBe Ltd. , Docket No. 22-113 ( Fed. Cir. 2021 ) (non-precedential). This mandamus petition has been denied, although the Federal Circuit has suggested that Judge Albright reconsider his denial of venue transfer. [ 2021.10.29 56 Public Version – Memorandum Opinion ]. AudioEye sued accessiBe for patent infringement (US10423709, et al.) as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product

False Advertising 78

False Advertising Patent Infringement Patent Advertising 78

IP and Legal Filings

DECEMBER 6, 2021

With growing businesses atmosphere and more strong due diligence in terms of getting aware of their rights, there has been a huge influx in registering of their IP assets. Talking about the United States Patent and Trademark Office (USPTO), the businesses are more into getting a US trademark registration due to its more relevance. The recent trends have seen an increase in the filing of trademark applications by various proprietors.

Trademark 76

Trademark Due Diligence Registration Business 76

Delaware Intellectual Property Litigation Blog

DECEMBER 6, 2021

By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc. , Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to dismiss plaintiff’s claims of patent infringement under 35 U.S.C. §101 after rejecting defendant’s assertion that the patent-in-suit, U.S.

Patent 75

Patent Patent Infringement Art Technology 75

IP Law 360

DECEMBER 6, 2021

Amid the success of "Squid Game," Netflix is accused of using sophisticated language-dubbing technology to illegally distribute the 2020 zombie apocalypse film "#Alone," undermining the English-version film script rights, according to a lawsuit filed Monday in California federal court.

Technology 75

Technology 75

BYU Copyright Blog

DECEMBER 6, 2021

We previously reported on a case in which Plaintiff Jim Olive Photography ("Olive") brought suit against the University of Houston ("UH") for unauthorized use of Olive's photograph. Olive argued that UH's use of his photo constituted a governmental taking. For more information on the arguments, please refer to our February 1, 2018 and July 22, 2019 posts.Since our last update there have been significant developments.

Copyright Infringement 75

Copyright Infringement Licensing Government Copyright 75

IP Law 360

DECEMBER 6, 2021

The U.S. Department of Justice and U.S. Patent and Trademark Office floated a new draft policy Monday on standards-essential patents addressing the scope of remedies available to patent owners who've agreed to licenses, in particular reevaluating its stance on injunctive relief.

Licensing 75

Licensing Trademark Patent 75

43(B)log

DECEMBER 6, 2021

Stout v. Grubhub Inc., 2021 WL 5758889, No. 21-cv-04745-EMC (N.D. Cal. Dec. 3, 2021) Stout sued Grubhub over an allegedly false promise to provide “Unlimited Free Delivery” to Grubhub+ subscribers. Grubhub sought to enforce its arbitration agreement. Concluding that the complaint sought private injunctive relief in part and public injunctive relief in part, the court found the claim severable under the arbitration agreement, which had a severability clause.

False Advertising 69

False Advertising Advertising Advertising 69

IP Law 360

DECEMBER 6, 2021

The president of a Massachusetts cannabis cultivation and retail business must face a federal lawsuit brought after it allegedly plastered "Borat" actor Sacha Baron Cohen's face and a version of his copyrighted character's catchphrase on a billboard next to an interstate highway without permission, a judge ruled Monday.

IP 74

IP Business Copyright 74

The IPKat

DECEMBER 6, 2021

We welcome December with some interesting IP events and opportunities to highlight! EVENTS ALAI Canada Conference “ In conversation with William Patry ” (9 December 2021) On December 9, 2021, from 12:00 p.m. to 1:00 p.m. (Montreal time), the new ALAI Canada Conference will be held on Zoom. The panel will include two panellists: Mr William Patry (Google) and Mtre Andrea Rush (Blaney McMurtry LLP).

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

IP Watchdog

DECEMBER 6, 2021

This week in Washington IP news, the House of Representatives will host committee hearings discussing several draft pieces of legislation that would update the 21st Century Cures Act as well as reduce immunity to liability for major tech firms currently enjoyed under Section 230 of the Communications Decency Act. Over in the Senate, the Fiscal Responsibility Subcommittee will discuss how changes to privacy policies in Big Tech firms have impacted targeted advertising activities for a wide swath

Privacy 59

Privacy IP Advertising Advertising 59

IP Spotlight

DECEMBER 6, 2021

The USPTO recently released its FY 2021 Performance and Accountability Report , which contains detailed information about allowance rates, average pendency, and other statistics about its review of patent and trademark applications this year. Each year, IP Spotlight analyzes this Report and, and we update our readers who often ask: how long does it take for a patent or trademark registration to grant?

Editing 59

Editing Trademark Invention Patent 59

Managing IP

DECEMBER 6, 2021

ASCI secretary-general Manisha Kapoor says self-regulation has paved the way for fast and efficient dispute resolution, and reduced the burden on courts

Advertising 64

Advertising Advertising IP 64

LexBlog IP

DECEMBER 6, 2021

On September 30, 2021, the European Medicines Agency (EMA) released a report entitled “Tailored Scientific Advice for Biosimilar Development,” describing results from its pilot program in which biosimilar applicants were invited to solicit scientific advice from regulatory authorities. In the European Economic Area (EEA), biosimilar approval requires applicants to submit studies demonstrating similarity to the reference drug, including similarity in biologic activity, safety and effi

Reporting 52

Reporting Intellectual Property 52

JD Supra Law

DECEMBER 6, 2021

Welcome back to the “Spotlight”! After taking a week long hiatus for Thanksgiving, I feel like a modern day Rip Van Winkle awaking from a tryptophan-induced coma to find myself in a world in which “All I Want for Christmas” by Mariah Carey is again reigning as a chart-topper, NFL telecasts increasingly featuring the fan-favorite ‘steam-rising-from-the-300 pound lineman’s head’ shots, and my DVR starts getting populated with schmaltzy holiday movies.

Branding 52

Branding Brands Branding 52

LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly. Public disclosure or inadequate legal protection can risk your rights to commercialize and monetize your product.

Intellectual Property 52

Intellectual Property Patent Application Invention Branding 52

JD Supra Law

DECEMBER 6, 2021

2021 has been a year of changes internationally and the International Trade Commission (ITC) has not remained untouched. In a presentation last month members of Kilpatrick Townsend’s ITC litigation group discussed recent trends in ITC practice and filings.

Litigation 52

Litigation 52

LexBlog IP

DECEMBER 6, 2021

A recent Wall Street Journal article in their “ The Future of Everything ” commentary stream discusses the use of artificial intelligence (AI) to “tap the treasure trove of information locked in electronic health records to treat people in real time” An interesting concept. Not all that long ago this would have been disparaged as “cookie-cutter medicine” Now it is being touted as being able to generate a report summarizing how “thousands of patients just

Journalism 52

Journalism Reporting Law Intellectual Property 52

JD Supra Law

DECEMBER 6, 2021

By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc., Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to dismiss plaintiff’s claims of patent infringement under 35 U.S.C. §101 after rejecting defendant’s assertion that the patent-in-suit.

Patent Infringement 52

Patent Infringement Patent 52

LexBlog IP

DECEMBER 6, 2021

With tightening labor markets and the increasing mobility of healthcare workers, including physicians, now is a good time to revisit non-compete agreements to ensure they are enforceable. Texas courts will generally enforce non-compete agreements as long as they are ancillary or part of an otherwise enforceable agreement and do not contain restraints greater than necessary to protect the employer’s legitimate interests.

Confidentiality 52

Confidentiality Business Litigation Designs 52

JD Supra Law

DECEMBER 6, 2021

The Federal Circuit Court of Appeals reversed a decision of the U.S. Patent Trial and Appeal Board (“Board”), finding a patent on a method of disinfection obvious. The reversal was based in part on a finding that the Board’s determination of a “reasonable expectation of success” in combining the teachings of two prior art references was not supported by substantial evidence.

Patent 52

Patent Art 52