Fri.Jan 21, 2022

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We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A

Erik K Pelton

We are growing again at EMP&A. We are excited to to announce that we are hiring an Associate Attorney to join our trademark firm! Details and application information below: 2022 Job Posting – Associat… by Erik Pelton. The post We’re growing (again) ! Seeking trademark associate attorney to join our team at EMP&A appeared first on Erik M Pelton & Associates, PLLC.

Trademark 355
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Cheat Makers ‘Troll’ Activision Lawyer, Brag They Will Never Be Found

TorrentFreak

In reponse to rampant cheating in Call of Duty games, earlier this month Activision filed a copyright infringement lawsuit against cheat maker EngineOwning UG and CMN Holdings S.A. The complaint also named six individuals (Valentin Rick, Leonard Bugla, Leon Frisch, Ignacio Gayduchenko, Marc-Alexander Richts, Alexander Kleeman) and added 50 ‘Doe’ defendants.

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Trending Sources

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What does it say if you file a trademark application without an attorney?

Erik K Pelton

It says a lot if you file a trademark application without counsel. And it is in the public record for everyone to see. Not only will the odds of approval for the application be lower, but if there is ever a dispute involving the brand, others will look at the public records – before sending a letter, or after receiving a letter – and see that the brand owner made a deliberate choice to file on their own.

Trademark 147
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The Fantastical, Magical World of E-Sports

IPilogue

. Photo by Yrrah2 ( Wikimedia Commons ). Emily Xiang is an is an IPilogue Writer, President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so. In 2021, global e-sports revenue is said to have reached a whopping $1 billion USD, and is projected to increase to $1.6 billion USD by 2024.

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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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CLE: Protecting User Interfaces (UI) & Graphical User Interfaces (GUI) in the United States

Chicago IP

On February 9, 2022 from 12-1pm CT, the IPLAC U.S. Patents Committee is hosting a virtual discussion on how to protect new software technologies using web and desktop interfaces. The event featured speakers include: Jason Skinder, Chief Intellectual Property Counsel in Connected Enterprise at Honeywell; Tracy-Gene G. Durkin, Partner and Practice Leader of Sterne Kessler Goldstein, & Fox’s Mechanical & Design Practice Group; and.

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Unified Patent Court and Unitary Patent Moving Ahead in Europe

JD Supra Law

Final preparations by sixteen EU member states for their Unified Patent Court (UPC) and Unitary Patent (UP) began on 19 January 2022, following Austria’s deposit on the previous day of its ratification of the Protocol on Provisional Application of the UPC Agreement (PPA). The PPA permits the organization of the UPC before it opens to accept cases, including establishment of its Administrative, Advisory and Budget Committees, hiring of judges and staff, etc.

Patent 102

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Inducement Suit Proceeds Against Insurance Company for Encouraging Use of Generic Drug

JD Supra Law

The case relates to so-called "skinny labels," in which the filer of an Abbreviated New Drug Application ("ANDA") seeks FDA approval to market a generic version of a branded drug, but "carves out" from its label certain approved indications that are covered by the innovator's patents.

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Ex-Samsung IP head’s involvement in NPE suit raises eyebrows

IAM Magazine

Court filings show Seungho Ahn, who led the Korean tech giant’s IP function until 2019, is closely involved in a patent assertion against his former employer.

IP 98
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TTABlog Test: Is SCOOPERFEST Confusable With SCOOPER BOWL for Ice Cream Festivals?

The TTABlog

The Dana-Farber Cancer Institute opposed an application to register the mark SCOOPERFEST for "organizing community festivals featuring primarily ice cream and also providing entertainment," alleging a likelihood of confusion with the registered mark SCOOPER BOWL for "charitable fundraising by means of an ice cream festival." Applicant Craig Marquardo claimed that the SCOOPER BOWL mark is conceptually weak, that the parties provide their services on opposite sides of the country, and therefore th

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Google Can't Sink Audio Patent In Del. Suit

IP Law 360

Delaware's top federal judge on Friday turned down Google's effort to throw out claims in an audio programming patent that a controversial Texas patent-holding company has spent the last decade asserting against some of the biggest names in the tech and media industries.

Patent 75
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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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AstraZeneca continues its winning out-licensing/in-licensing strategy

IAM Magazine

The Anglo-Swedish company has been a trailblazer in the monetisation of deprioritised IP.

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'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told

IP Law 360

Antitrust advocacy groups want the Third Circuit to reverse a Pennsylvania federal judge's decision refusing to certify a class of end-payors alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals delaying generic forms of cholesterol drug Niaspan, arguing there's ample data to identify class members.

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Other Barks & Bites for Friday, January 21: CNIPA Announces Rapid Trademark Examination Measures, SCOTUS Asked to Clarify Octane Fitness Standard, and Qualcomm Opposes Apple’s Petition on Article III Standing

IP Watchdog

This week in Other Barks & Bites: Qualcomm files its brief in opposition to Apple’s petition for writ of certiorari asking the Supreme Court to overturn the Federal Circuit’s ruling on Article III licensee standing; Big Tech CEOs reportedly ramp up their efforts against antitrust bills in the Senate; the DOJ levies charges involving the transfer of technology to the Central Bank of Iran; the U.S.

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Brand Battles: One Direction Co. Rallies To Stop '1-D' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a company controlled by defunct British boy band One Direction wants to block a household goods company's "1-D" application, citing the group's "1D" moniker — plus three other cases you need to know.

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Mossoff Policy Memo for Hudson Institute Calls for Transparency from I-MAK on Data Used in Drug Pricing Debate

IP Watchdog

A Policy Memo published by the Hudson Institute and authored by Professor Adam Mossoff of the Antonin Scalia Law School at George Mason University has charged that some of the key data relied upon in the heated debate over the effects of pharmaceutical patents on drug pricing and access may be faulty. The memo, titled “Unreliable Data Have Infected the Policy Debates Over Drug Patents,” specifically targets the Initiative for Medicines, Access & Knowledge (I-MAK), an advocacy organization t

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ABA, AARP Sued By Moving Co. Over 'Wise Moves' TM

IP Law 360

A Maryland moving company that trademarked the name "Wise Moves" in 2015 hit the American Bar Association and the AARP with a trademark infringement suit in Illinois federal court on Friday over a book the two organization published in 2020 bearing the same name.

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Intellectual Infrastructure: IP 101 for Construction and Design Professionals

JD Supra Law

From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”) issues for construction and design professionals. Believe it or not, IP plays a key role in any construction project and is therefore something that anyone involved in the construction industry should be mindful of.

Designs 55
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Virtual Events Co. Sues To Block Ex-Exec From Zoom Role

IP Law 360

Global virtual events and cloud communications venture Intrado Digital Media LLC has sued a former sales executive who jumped to Zoom Video Communications, seeking an injunction in Delaware Chancery Court barring the ex-employee from giving away trade secrets and proprietary market information.

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Kickoff of the UPC: UPC Protocol on Provisional Application now in force

JD Supra Law

On 19 January 2022, the Unified Patent Court (UPC) came to life as an international organisation. Now, the preparatory phase for the official start of the UPC system can begin.

Patent 52
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League of Legends Maker Hits Gaming Rival With IP Suit

IP Law 360

Riot Games has slapped a rival game developer with a copyright infringement suit in California federal court over an alleged knockoff of multiplayer virtual battle game League of Legends.

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Apple heads into Ericsson clash without long-time in-house litigation chief

IAM Magazine

Noreen Krall, who served as vice president and chief litigation counsel for more than a decade and helped build the company’s reputation as a fierce courtroom opponent, left Apple in December, IAM has learned.

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Improper Expert Strips Kyocera Of ITC Drill Patent Win

IP Law 360

The Federal Circuit handed down a precedential decision on Friday that found a U.S. International Trade Commission judge made the wrong call in letting an engineer testify in Kyocera Corp.'s patent case without having any experience in the power drill industry, sending Kyocera's case back to the ITC.

Patent 52
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Huawei and Verizon Settle Their Battle

IP and Legal Filings

Huawei and Verizon settle their FRAND patent dispute concerning the infringement claims in Texas, which was done shortly after the start of the trial. Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. Both the companies have been settling the complex FRAND patent dispute and lawsuit through reaching an agreement.

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Judge Dyk Explains Takeda Loss In IP Fight Over Hemlibra

IP Law 360

U.S. Circuit Judge Timothy B. Dyk has unsealed his opinion in a Delaware federal court case explaining why he found a Takeda Pharmaceutical Co. Ltd. unit's antibody patent was too broad to meet the enablement requirement, ultimately letting Roche subsidiary Genentech off the hook for infringing with its blockbuster hemophilia drug Hemlibra.

IP 52
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The infamy

Likelihood of Confusion

Can you imagine a blog stealing someone else’s blog posts? How about a law blog stealing another lawyer’s blog posts? Don’t dream it — read it. Courtesy of the inimitable. The post The infamy appeared first on LIKELIHOOD OF CONFUSION™.

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La nuova disciplina del “Patent Box” - aggiornamento alla luce del entrata in vigore della legge n. 234 del 2021

JD Supra Law

1. Premessa: le novità sul Patent Box - L’articolo 6 del decreto-legge n. 146 del 2021 (c.d. “Decreto Fisco-Lavoro”), di recente modificato dalla legge n. 234 del 2021 (“Legge di Bilancio 2022”), ha profondamente innovato e di fatto sostituito la disciplina sul c.d. “Patent Box”, introdotta nel nostro ordinamento con la legge n. 190 del 2014 (“Legge di Stabilità 2015”).

Patent 52
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CLE: Protecting User Interfaces (UI) & Graphical User Interfaces (GUI) in the United States

LexBlog IP

On February 9, 2022 from 12-1pm CT, the IPLAC U.S. Patents Committee is hosting a virtual discussion on how to protect new software technologies using web and desktop interfaces. The event featured speakers include: Jason Skinder, Chief Intellectual Property Counsel in Connected Enterprise at Honeywell; Tracy-Gene G. Durkin, Partner and Practice Leader of Sterne Kessler Goldstein, & Fox’s Mechanical & Design Practice Group; and.

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Federal Circuit Reverses Rifle Patent Interpretation That Missed the Mark

JD Supra Law

On January 14, in Evolusion Concepts, Inc. v. HOC Events, Inc. (consolidated with Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc.), the Federal Circuit emphasized that claim terms should be given their ordinary meaning absent a clear reason to do otherwise. Evolusion is the owner of U.S. Patent No. 8,756,845, which relates to conversion of a semi-automatic rifle with a detachable magazine to a rifle one with a fixed magazine.

Patent 52
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Forward into the Past: The three part active-to-passive Zippo Dot Com sliding scale of personal jurisdiction

LexBlog IP

We continue our Forward into the Past reconnoiter of Internet law with Zippo dot com, a WD of Pennsylvania decision which seemed to authoritatively resolve the question of what is the proper test for evaluating whether a defendant’s contacts with a forum over the internet are sufficient for asserting specific jurisdiction over that defendant. The three-part active-to-passive Zippo Dot Com sliding scale: “At one end of the spectrum are situations where a defendant clearly does busines

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Patent Case Summaries - January 2022 #2

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. Evolusion Concepts, Inc. v. HOC Events, Inc., et al., Nos. 2021-1963, -1987 (Fed. Cir. (C.D. Cal.) Jan. 14, 2022). Opinion by Taranto, joined by Prost and Chen.

Patent 52
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Colorado Criminalizes Attempts to Curb Competition

Trading Secrets

Yet another state has made it harder for businesses to implement restrictive covenants—this time with criminal penalties. Colorado’s restrictive covenants statute already provides that it is unlawful to “use force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation,” and further states that non-competes are invalid unless they fall into one of four categories: Covenants made in connection with the purchase and sale of a business (or the assets of

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Just Skinny Enough: District Court Dismisses Inducement Claims Against Generic “Skinny Label”

JD Supra Law

On January 4, 2022, the District Court for the District of Delaware granted Hikma Pharmaceuticals USA Inc.’s (“Hikma”) motion to dismiss Amarin Pharma Inc.’s (“Amarin”) infringement claims, finding that Hikma’s “skinny label” for its generic heart drug, icosapent ethyl, did not induce infringement of Amarin’s three patents. This decision comes on the heels of the Federal Circuit’s recent decision in GlaxoSmithKline LLC v.

Patent 52
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Apple heads into Ericsson clash without long-time in-house litigation chief

IAM Magazine

Noreen Krall, who served as vice president and chief litigation counsel for more than a decade and helped build the company’s reputation as a fierce courtroom opponent, left Apple in December, IAM has learned.

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Sports & Entertainment Spotlight: Microsoft to Buy Activision Blizzard for $68.7 Billion Making it Among the Biggest Deals Ever in the Video Game Industry

JD Supra Law

Welcome to a special quarantine edition of the "Spotlight." When I set out to get more “exposure” for the "Spotlight" this year, this was not exactly what I had in mind. But hey – we play the cards that we are dealt. At least I can take solace in the fact that I did as well in the Australian Open Tennis Tournament as did 20-time major champion Novak Djokovic, who was eventually deported from Australia this past week for failing to comply with Australian COVID-19 vaccination requirements for.

Editing 52
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Since 1872, Publishers Weekly Has Delivered The News

Velocity of Content

The first issue of The Weekly Trade Circular appeared in print on January 18, 1872, and included a rundown of books and publishing news for the year just ended. 1871 had seen development of a “new school” of writers as well as a “copyright muddle” between the U.S. and England, according to the discursive account. A year later, the magazine was renamed The Publishers’ Weekly.