IP Watchdog

SEPTEMBER 7, 2021

According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality patent examination in a timely manner. From submission to approval, the USPTO has established groundbreaking quality assurance programs, metrics, and training programs. It has also established IT modernization programs to improve the overall quality of the office’s work products and processes.

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TorrentFreak

SEPTEMBER 7, 2021

Over the past years, dozens of independent photographers have taken their copyright disputes to court, accusing companies of using their work without permission. While many of them have a legitimate claim, these ‘photo’ lawsuits generally have a bad reputation. This is in part due to the tactics employed both in and outside of court. Photographer Lawsuits.

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Copyright Infringement Copyright Settlement Blogging 124

IP Watchdog

SEPTEMBER 7, 2021

On September 2, the U.S. District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. patents. The court pointed to the Administrative Procedures Act’s (APA’s) strong deference to final agency decisions, barring any egregious errors.

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TorrentFreak

SEPTEMBER 7, 2021

As part of Triller’s legal campaign targeting people and entities that allegedly pirated the Jake Paul vs. Ben Askren fight earlier this year, the company sued the popular H3 Podcast. Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act.

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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

IPilogue

SEPTEMBER 7, 2021

Photo by Jimmy Jin ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In August, Apple made headlines by introducing new privacy features in their upcoming software updates. These new features are purported to expand protections for children through modified communication tools, on-device algorithm learning within Messages , cryptography , and Siri , and Search interventions.

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Privacy Technology Reporting Branding 105

Copyright Alliance

SEPTEMBER 7, 2021

This week we would like to introduce you to Dr. Beth Peterson, a nonfiction writer and associate professor of writing at Grand Valley State University. What was the inspiration behind becoming […]. The post Creator Spotlight with Nonfiction Writer Dr. Beth Peterson appeared first on Copyright Alliance.

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Copyright 104

Garrigues Blog

SEPTEMBER 7, 2021

In a recent decision, the European Union Intellectual Property Office (EUIPO) analyzed a case involving replacement vacuum cleaner bags and their protection as industrial property. Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product.

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Designs Design Intellectual Property Registration 90

JD Supra Law

SEPTEMBER 7, 2021

De nombreuses perceptions erronées ou « mythes » concernant les brevets sont présents dans le discours des dirigeants et des gestionnaires d'entreprise, allant du type d'innovations brevetables à l'importance de posséder et de protéger sa propriété intellectuelle (PI) en utilisant des brevets. Ces mythes incluent « Vous ne pouvez pas breveter un logiciel », « J'ai un brevet sur mon produit, donc j'ai le droit de le vendre » et « Vous ne devriez obtenir des brevets que si vous êtes prêts (et avez

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Patently-O

SEPTEMBER 7, 2021

Editor’s Note: Avery Welker is a 2L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to avery@patentlyo.com. – Dennis Crouch. By Avery Welker. My Civil Procedure I outline turned out to be the longest outline of my first law school semester.

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JD Supra Law

SEPTEMBER 7, 2021

In a nonprecedential decision, the Federal Circuit gave a mixture of success and failure to the parties in four separate inter partes review decisions by the Patent Trial and Appeal Board, in C.R. Bard, Inc. v. Medline Industries, Inc. The case arose in IPRs instituted in response to a challenge by Bard involving three Medline Patents: U.S. Patent No. 9,745,088 (wherein claims 1, 2, 6–10, 16–19, 25–58, 60–74, 76–90, and 92 were challenged); U.S.

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Patent 94

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

IP Law 360

SEPTEMBER 7, 2021

An Illinois federal jury awarded Trading Technologies International Inc. a $6.6 million verdict Tuesday, finding after a monthlong trial that IBG LLC, one of the few online brokerage firms left in the decade-old patent saga, infringed, although not willfully, two patents covering electronic stock trading methods.

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Patent Technology 75

Clancco

SEPTEMBER 7, 2021

APPLICATIONS FOR THE NEXT TERM ARE NOW BEING ACCEPTED. The deadline for submitting your application for the next term is November 30, 2021. At this time, given recent Covid developments, we are hoping to do the next term in-person during a three-day weekend intensive. In addition, we have yet to confirm (1) whether this three-day weekend intensive will take place this fall or in the spring of 2022, and (2) whether this three-day weekend intensive will take place in New York City or in Austin, Te

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Art Law Art Law Contracts 59

IP Law 360

SEPTEMBER 7, 2021

The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board ruling that upheld a satellite broadcasting patent challenged by SiriusXM, despite arguments that the board improperly applied an "inflexible and formulaic form over substance analysis.

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Patent 75

IP Watchdog

SEPTEMBER 7, 2021

This week in Washington IP events, both houses of Congress remain quiet during regularly scheduled work periods. However, the U.S. Patent and Trademark Office (USPTO) will host several workshops including a series of events geared towards patent attorneys to aid their skills in communicating with patent examiners or presenting oral arguments in AIA trials.

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IP Licensing Trademark Patent 59

43(B)log

SEPTEMBER 7, 2021

Tapestry, Inc. v. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. Apr. 19, 2021) Tapestry (Coach) sued Chunma for trademark infringement, false designation of origin, false advertising, and cancellation of Chunma’s registered trademarks under the Lanham Act, unfair competition and trademark infringement under New York state common law; and injury to business reputation under New York’s GBL, based on Chunma’s products bearing logos that allegedly infringe upon Coach’s trademarks

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False Advertising Registration Trademark Registering Trademarks 59

IP Tech Blog

SEPTEMBER 7, 2021

In a patent infringement lawsuit, a plaintiff often seeks to recover lost profits damages—the profits that the patent owner would have made but for the competitor’s alleged infringement—instead of a lower reasonable royalty. A plaintiff is not automatically entitled to such damages, though, even upon a finding of infringement. Rather, the patent owner must prove its entitlement to lost profits damages.

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Patent Infringement Ownership Patent Reporting 57

43(B)log

SEPTEMBER 7, 2021

Uber Inc. v. Uber Technol., Inc., No. 20-cv-2320 (PKC) (S.D.N.Y. Feb. 24, 2021) Uber Inc. has offered design and marketing services under the name “Uber” since 1999. Uber Technologies, the one you know about, was incorporated in 2010. As it grew and expanded into new services, Uber Inc. “found itself on the receiving end of customer complaints, misdirected product shipments, legal and regulatory correspondence, and other communications intended for Uber Technologies.

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Graphic Design Advertising Advertising Technology 59

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. Personalized Media Communications, LLC v. Apple, Inc. , No. 2:15-cv-01366-JRG-RSP (E.D. Tex. August 2021). Following a jury trial on March 22, 2021, and a bench trial on June 22, 2021, and citing to the Federal Circuit’s recent decision in Hyatt v.

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Litigation Patent Patent Application Technology 52

Likelihood of Confusion

SEPTEMBER 7, 2021

Chief Justice Rehnquist Dies at Home – Yahoo! News Originally posted 2014-05-29 01:48:55. Republished by Blog Post Promoter. The post Justice Rhenquist dies appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

Fish & Richardson Principal Nitika Fiorella has been included in the 2021 Delaware Business Times DBT40 List, which honors the region’s top professionals under 40. The list recognizes honorees from across all industries for their leadership, career achievements, and service to the community. Fiorella is a principal in Fish’s Delaware office, where she focuses her practice on complex patent litigation spanning a wide range of technologies.

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JD Supra Law

SEPTEMBER 7, 2021

The great pizza wars of 2021 are not what you might expect. While the courts will never be able to resolve the question of who (or where) makes the best pie, a pair of decisions from the last few weeks did resolve contentious trademark disputes in two of the great pizza destinations of the world,….

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Editing Trademark Business 52

IP Law 360

SEPTEMBER 7, 2021

Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

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Patent Application Patent Business Technology 52

JD Supra Law

SEPTEMBER 7, 2021

On this year’s World Intellectual Property Day, the IP Office of Singapore (IPOS) announced the Singapore Intellectual Property Strategy 2030 (SIPS 2030), built on Singapore’s 2013 IP Hub Master Plan (and 2017 updates). SIPS 2030 aims to maintain Singapore’s position as a top-ranked IP regime by ensuring a conducive environment for businesses to protect, manage and transact their intangible assets and intellectual property (IA/IP).

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Intellectual Property IP Business 52

LexBlog IP

SEPTEMBER 7, 2021

If you look hard enough, you can find celebrities or pseudo-celebrities endorsing all sorts of products. If you have enough money to splurge on the requisite fees, stars of stage and screen and the athletic arena will pitch your wares to audiences, and the more money you have, the bigger the star will be. I don’t know that I’ve ever been swayed by a celebrity endorsement precisely for the fact that I know they’re being paid for their endorsement, but the star factor is enough t

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Copyright Copyright Infringement Advertising Advertising 52

JD Supra Law

SEPTEMBER 7, 2021

The United States FRAND jurisprudence had a recent watershed moment in a decision that is sure to reverberate through the standard essential patent (SEP) world, and specifically SEP litigation in the United States. Earlier this week, a Fifth Circuit panel affirmed a jury verdict that found licensing offers made by Ericsson to HTC for Ericsson’s 4G SEPs complied with Ericsson’s FRAND obligations, the first jury verdict of its kind in the United States.

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Intellectual Property Business Licensing Litigation 52

LexBlog IP

SEPTEMBER 7, 2021

This week the Federal Circuit rejected a constitutional challenge to the Secretary of Commerce’s appointment of administrative judges to the Trademark Trial and Appeal Board (“TTAB”) at the U.S. Patent and Trademark Office (“USPTO”). The decision comes on the heels of the Supreme Court’s decision in June in Arthrex v.

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JD Supra Law

SEPTEMBER 7, 2021

Although seemingly commonplace, nondisclosure agreements have been subject to increasing litigation in recent years. Businesses often default to using boilerplate NDAs without careful consideration of the specific business purpose or the transaction risk at hand, which can lead to challenges in court and detrimental outcomes, including loss of protection for valuable information or undue restrictions on the recipient's ability to pursue business interests.

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Business Litigation 52

LexBlog IP

SEPTEMBER 7, 2021

In a patent infringement lawsuit, a plaintiff often seeks to recover lost profits damages—the profits that the patent owner would have made but for the competitor’s alleged infringement—instead of a lower reasonable royalty. A plaintiff is not automatically entitled to such damages, though, even upon a finding of infringement. Rather, the patent owner must prove its entitlement to lost profits damages.

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Ownership Patent Infringement Reporting Patent 52

JD Supra Law

SEPTEMBER 7, 2021

There are a number of issues relating to distribution that arise in split rights deals for motion pictures. Whether it’s an acquisition, co-production or co-financing arrangement, one of the more important deal points is what kind of agreements a distributor should make vis-à-vis the sharing with or granting access to another party of picture materials.

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Marketing Marketing 52

LexBlog IP

SEPTEMBER 7, 2021

In response to the rapid increase in the number of trademark prosecution administrative review cases (appeals from the Trademark Office – CNIPA), the Supreme People’s Court issued a Judicial Opinion on “ Promoting the Reform of Administrative Litigation Proceedings by Dividing Complicated Cases and Simple Cases ” (the “ Opinion ”) in May 2021.

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Trademark IP Intellectual Property Litigation 52

JD Supra Law

SEPTEMBER 7, 2021

In Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH, [2020-1196] (September 1, 2021), the Federal Circuit affirmed the TTAB’s cancellation of Piano Factory’s registration on Schiedmayer for falsely suggesting a connection with Schiedmayer in violation of Section 2(a). By: Harness, Dickey & Pierce, P.L.C.

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Registration 52

IP Law 360

SEPTEMBER 7, 2021

The widow and son of disc jockey Wolfman Jack have reached a tentative settlement to end claims they reneged on deals to sell his recorded shows and copyrights and harassed the fan who bought most of the archive, according to a Massachusetts federal court filing Tuesday.

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Settlement IP Copyright 56

JD Supra Law

SEPTEMBER 7, 2021

On August 5, in Personalized Media Communications v. Apple, the U.S. District Court for the Eastern District of Texas invalidated patents asserted by Personalized Media Communications (“PMC”) for reasons that resonate strongly with both the legal setting and facts of the Federal Circuit’s recent Hyatt decision, as reported here. In Hyatt, unreasonable delay during patent prosecution justified the USPTO’s rejection of certain pending patent applications.

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Patent Prosecution Patent Patent Application Reporting 52

IAM Magazine

SEPTEMBER 7, 2021

An IP purge between 2011 and 2015 saw the lapse of many of the rights the pharma giant developed itself, as well as a number of those it had acquired.

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Patent IP 52

JD Supra Law

SEPTEMBER 7, 2021

The NCAA’s new name, image and likeness (NIL) rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college athletes to join the ranks of digital entrepreneurs while putting the responsibility for developing and enforcing NIL rules on the schools.

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