Plagiarism Today

AUGUST 25, 2021

In April of this year, the Supreme Court dropped a potential bombshell on the copyright world with its ruling in the Google v. Oracle case. The case looked at how Google used Java APIs in their Android mobile operating system as a way to make it easier to port existing programs (and programmers) over to it. Oracle threatened legal action, prompting a long-running lawsuit that wound its way through the courts for over a decade before the Supreme Court ruled on it.

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Intellectual Property Law Blog

AUGUST 25, 2021

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.

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Technology & Marketing Law Blog

AUGUST 25, 2021

This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.” OANN didn’t take kindly to this assertion and sued Maddow and others for defamation. Maddow sought an anti-SLAPP motion to strike, which the district court granted.

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TorrentFreak

AUGUST 25, 2021

With both Google and Amazon rejecting or banning piracy apps from their stores, Android and Fire TV users with a penchant for piracy need to sideload apps from third party sources. Sideloading isn’t particularly difficult but it is a fairly cumbersome process. However, apps like Filelinked provided a solution by indexing hundreds of apps stored outside official ecosystems while making them easy to install.

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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

Patently-O

AUGUST 25, 2021

by Dennis Crouch. The next big software copyright case is before the Federal Circuit in the form of SAS Institute, Inc. v. World Programming Limited , Docket No. 21-1542. The litigation has substantial parallels to Google v. Oracle , but might end up with a different outcome. In Google , the Supreme Court found fair-use but did not decide the issue of copyrightability.

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IP Watchdog

AUGUST 25, 2021

McNees Wallace & Nurick, a Central PA-based law firm with a Mid-Atlantic practice, is actively recruiting an experienced patent associate attorney to join our Intellectual Property practice group. Candidates with sufficient experience will be offered the flexibility to work remotely, but must be able to be present periodically in one of the following offices: Harrisburg, PA; Devon (Main Line), PA; Lancaster, PA; Columbus, OH; or Frederick, MD.

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JD Supra Law

AUGUST 25, 2021

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 2 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to deny ToolGen benefit of priority to U.S. Provisional Application No. 16/717,324, filed October 23, 2012, pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶ 208.4.1.

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Patent 107

IPilogue

AUGUST 25, 2021

The following job opportunity was shared with us by the Trademark Opposition Board. IP Osgoode is not involved in the hiring process, but we hope to reach eligible and interested members of our community. Position: Hearing Officer, Trademarks Opposition Board. Employer: Canadian Intellectual Property Office , Innovation, Science and Economic Development Canada, Government of Canada, Location: 50 Victoria Street, Gatineau, QC, K1A 0C9.

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Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., and enthusiasts do not spare even a moment to get their hands on these products. Limited edition means that the company sells ‘altered’ limited units of an original best-selling product that already exists at a higher price, or it could even be a limited number of products that are manufactured and sold.

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IPilogue

AUGUST 25, 2021

Photo by Dennis Klicker ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Brief History of Insulin. In 1921, Dr. Frederick Banting, Charles Best, and James Collip successfully isolated the hormone insulin , discovering a new life-saving treatment for managing diabetes in humans. The first human injected with insulin was a 14-year-old boy in 1922.

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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 Watchdog

AUGUST 25, 2021

It’s the end-of-summer doldrums, as parents ship their kids off to college, back to school, or take that one last vacation before Labor Day; not surprisingly, district court patent filings and Patent Trial and Appeal Board (PTAB) filings dipped below average, with just 12 PTAB petitions (one post grant review [PGR] and 11 inter partes review [IPRs], four filed by Lynk Labs against Home Depot) and 52 district court complaints, a few being motion-to-transfer refiles.

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SpicyIP

AUGUST 25, 2021

We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 5th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Her previous guest post on the blog can be viewed here. Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use? Pragya Jain. An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as ano

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IP Watchdog

AUGUST 25, 2021

On August 19, the Federal Trade Commission (FTC) filed a first amended complaint for injunctive and other equitable relief in the U.S. District Court for the District of Columbia seeking a judgment that would split Instagram and WhatsApp away from Facebook as punishment for the social media giant’s alleged violations of antitrust law. The complaint, which traces many of the same arguments raised in a previous FTC suit that was dismissed by the District of Columbia this June, is yet another remin

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Kluwer Copyright Blog

AUGUST 25, 2021

Image by Clker-Free-Vector-Images from Pixabay. On 17 June 2021, the CJEU delivered its judgment in C-597/19 Mircom. It held that uploading (including automatic uploading) of pieces of a file containing a protected work on peer-to-peer (P2P) networks infringes the making available right under article 3(1) and (2) of the InfoSoc Directive when a user actively chooses to use sharing software after having been duly informed of its characteristics.

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JD Supra Law

AUGUST 25, 2021

The Patent Trial and Appeal Board (“PTAB”) regularly tracks statistics regarding administrative trials conducted under the processes created by the America Invents Act (“AIA”), which provide insight into recent trends occurring at the United States Patent and Trademark Office (“USPTO”). In addition to these routine statistics, the PTAB recently published the first update to its 2019 study of AIA trials involving petitions challenging Orange Book-listed patents and biologic patents through June.

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U.S. Department of Commerce

AUGUST 25, 2021

NTIA’s Broadband Infrastructure Program Receives Over 230 Applications, More Than $2.5 Billion in Funding Requests. August 25, 2021. KCPullen@doc.gov. Wed, 08/25/2021 - 16:57. Infrastructure. Graphic of broadband technology. The following is a cross-post from the National Telecommunications and Information Administration (NTIA). The U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) announced today that it has received more than 230 applications for t

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JD Supra Law

AUGUST 25, 2021

In September 2017, the Patented Medicine Prices Review Board (PMPRB or Board) decided. that Alexion’s SOLIRIS (eculizumab) was sold at an excessive price. The Federal Court dismissed Alexion’s application for judicial review. On July 29, 2021, the Federal Court of Appeal (FCA) set aside the Federal Court’s decision and remitted the matter to the Board for redetermination.

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Patent 98

Patently-O

AUGUST 25, 2021

by Dennis Crouch . The Federal Circuit’s new decision in DynCorp v. US (Fed. Cir. 2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. This bid-protest case arises from a peculiar procurement mechanism. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. offerors before proposals are final.

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Contracts Government Patent 96

JD Supra Law

AUGUST 25, 2021

The ownership of data can be a murky question. How does counsel help their company protect the company’s legal rights in its data? How does counsel help their company avoid violating the rights of others when using third-party data? What role might copyright, patent, trade secret, tort law, and contract play in data protection? What issues are important for in-house counsel to know of when entering contracts, creating policies, and advising their clients?

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IAM Magazine

AUGUST 25, 2021

With quintuple damages for wilful IP violations now available, putting parties on notice may well pay dividends - however, there are dangers too.

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Patent Infringement IP Patent Litigation 98

JD Supra Law

AUGUST 25, 2021

One crucial lesson from the COVID-19 pandemic is that cost-effective, digital manufacturing solutions are needed to keep factories and supply chains running smoothly while producing high-quality products. This is true for all in the industry, whether original equipment manufacturers, parts or assembly suppliers, contract manufacturers, or manufacturing services suppliers.

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43(B)log

AUGUST 25, 2021

Alfasigma USA, Inc. v. First Databank, Inc., 2021 WL 930453, No. 18-cv-06924-HSG (N.D. Cal. Mar. 11, 2021) Previous opinion. Alfasigma makes medical foods, which are allegedly not properly described as OTC. It sued First Databank for coding implemented in the latter’s pharmaceutical database: Historically, the “class value” field in the MedKnowledge database indicated whether manufacturers identified their products as prescription-only.

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Likelihood of Confusion

AUGUST 25, 2021

I wrote this in the New Jersey Law Journal last week. Op-ed Hands Off Blogs Mandatory disclosure of payment to bloggers runs counter to free expression By Ronald D. Coleman. The post New Jersey Law Journal – Hands Off Blogs appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

AUGUST 25, 2021

Once a month, we cover an interesting topic in 60 seconds. This month, Partners Jennifer Giordano-Coltart and Joe Snyder cover WIPO Green and the EIP Climate Tech Index. Prosperity and advances in technology—the hallmarks of the twentieth century—have been the primary drivers of increasing carbon dioxide emissions and greenhouse gases.

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Technology 76

IP Law 360

AUGUST 25, 2021

A California federal court on Wednesday largely rejected Google's request to keep portions of three complaints accusing it of antitrust violations over its Play Store sealed but agreed to shield some information about specific deal terms.

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LexBlog IP

AUGUST 25, 2021

The Agreement on a Unified EU Patent Court ( UPC Agreement ) has been ratified by Germany following legal challenges in recent years over the constitutionality of the ratification bill. The UPC Agreement provides for the establishment of a Unified Patent Court ( UPC ) as a court common to all participating Member States, with exclusive competence in respect of European patents and European patents with unitary effect.

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IP Tech Blog

AUGUST 25, 2021

When considering a petition for post-grant review (PGR) or inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) has discretion to deny institution under 35 U.S.C. §§ 314(a) and 324(a). The PTAB’s Consolidated Trial Practice Guide provides that, when exercising its discretion, the Board may consider “events in other proceedings related to the same patent, either at the Office, in district courts, or the ITC.

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JD Supra Law

AUGUST 25, 2021

Conflicts in the Duration of Copyright Protections Under United States and International Law - An issue that courts have not yet addressed, but which may become of increasing significance for musicians, authors, artists, their estates, and their copyright attorneys alike, is the existing conflict between the duration for copyright protections under United States and international laws.

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LexBlog IP

AUGUST 25, 2021

Last week, Enzene Biosciences announced that it has received marketing authorization from the Drug Controller General of India (DCGI) for its biosimilar product romiplostim. The product will be offered in three dosage strengths and is indicated for the treatment of chronic Immune Thrombocytopenic Purpura (ITP) in adults. ITP is a hematological disorder involving low platelet levels, with symptoms including increased tendencies for bruising and bleeding.

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JD Supra Law

AUGUST 25, 2021

The Board of Directors of the Dubai International Financial Centre (DIFC) Authority recently issued the DIFC Intellectual Property Regulations (IP Regulations). The IP Regulations took effect on 5 July 2021 and were issued pursuant to the DIFC Intellectual Property Law, DIFC Law No. of 2019 (IP Law). In 2019, the IP Law was issued to augment the DIFC’s commitment to providing the required regulatory framework to protect the creativity and innovation of businesses operating in the DIFC and to.

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LexBlog IP

AUGUST 25, 2021

When considering a petition for post-grant review (PGR) or inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) has discretion to deny institution under 35 U.S.C. §§ 314(a) and 324(a). The PTAB’s Consolidated Trial Practice Guide provides that, when exercising its discretion, the Board may consider “events in other proceedings related to the same patent, either at the Office, in district courts, or the ITC.” As recent petitioners have found, a co-pendin

Litigation 52

Litigation Patent Law Technology 52

JD Supra Law

AUGUST 25, 2021

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States Patent and Trademark Office, found in the Code of Federal Regulations, 37 C.F.R. 11.1 – 11.901. The USPTO proposed the rule changes in 2020, and once finalized, the rules became effective on June 25, 2021.1 The USPTO Rules of Professional Conduct have not been substantially.

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IP Blog

AUGUST 25, 2021

Cosmetics — everything from lipsticks and blush to eyeshadow and mascara — are all about making their wearers stand out. The same holds true for an effective trademark, meaning a brand's success or failure depends on distinguishing itself in a crowded field of competitors.

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LexBlog IP

AUGUST 25, 2021

If your company designs and manufactures unique consumer products, then you likely already know about patents. You might even have a utility patent for one or more of your products. But you may not know about design patents. Utility Patents vs. Design Patents. Utility patents focus on what makes your product tick, meaning the functional or useful aspects of your product.

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Indiana Intellectual Property Law

AUGUST 25, 2021

South Bend, Indiana – Apparently the Plaintiff, Johnson Controls Technology Company (“Johnson”), is a technology holding company for its parent company Johnson Controls International, plc (“JCI”). Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”).

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