Intellectual Property Law Blog

SEPTEMBER 1, 2021

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two 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%.

Patent 275

Patent Patent Application Technology Invention 275

TorrentFreak

SEPTEMBER 1, 2021

Back in August 2020 the piracy world went into meltdown. Various raids, targeting so-called ‘Scene’ groups, turned the international file-sharing ecosystem upside down. Shortly after law enforcement took action around the world, a US judge ordered a previously sealed indictment to be made public. Among other things, it revealed that British man George Bridi, who reportedly resided on the Isle of Wight, was accused of being part of a criminal conspiracy identified as the SPARKS releas

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Television Copyright Reporting Copyright Infringement 122

IP Watchdog

SEPTEMBER 1, 2021

Would you believe the following scenario could happen under our patent system? An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues.

Inventor 123

Inventor Patent Patent Infringement Licensing 123

TorrentFreak

SEPTEMBER 1, 2021

After raids in November 2019 that shuttered his Gears-branded IPTV services, Bill Omar Carrasquillo (Omi in a Hellcat) is inching closer to discovering his fate at the hands of the federal government. As previously reported , IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a laundry list of supercars and other vehicles , alleged to have been purchased with ill-gotten gains.

Copyright Infringement 120

Copyright Infringement Government Copyright Branding 120

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

SEPTEMBER 1, 2021

On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress analyzing infringement disputes between patent and trademark rights holders and states and state entities. The U.S. Copyright Office produced a similar, much lengthier report, also in response to a letter from Tillis and Leahy, studying whether there is sufficient basis for federal legislation abrogating State sovereign immunity

Reporting 122

Reporting Copyright Trademark IP 122

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. here and here ). The American transformative artist Jeff Koons was condemned by the Court of Appeal of Paris for copyright infringement in 2019 and in 2021 for sculptures

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

JD Supra Law

SEPTEMBER 1, 2021

In its Aug. 17 decision in Valve Corporation v. Ironburg Inventions Ltd., the Federal Circuit appears to have cleared the way for district courts to take judicial notice of Wayback Machine captures as evidence of prior-art printed publications.

Art 106

Art Invention 106

Managing IP

SEPTEMBER 1, 2021

In-house sources say creating fake profiles on social media has helped them lure unsuspecting consumers into hearing the anti-counterfeiting message

Social Media 105

Social Media IP 105

JD Supra Law

SEPTEMBER 1, 2021

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system. The EU legislation (Council Regulation No 6/2002 of 12 December 2001 on Community designs) provides a broad definition of a design, which can apply to 3D or 2D objects, such

Designs 101

Designs Design Design Patent Business 101

Likelihood of Confusion

SEPTEMBER 1, 2021

Susan Scafidi seems genuinely shocked — no, I mean, genuinely! — over this comment by Ralph Lauren: When the New York Times‘ Eric Wilson listened to Oprah Winfrey and Ralph Lauren chat. The post The sincerest form of flattery appeared first on LIKELIHOOD OF CONFUSION™.

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Law IP 95

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

SEPTEMBER 1, 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. 3 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to add claims in ToolGen's U.S. Patent No. 10,851,380* to this interference, pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order ¶ 208.3.2.

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Patent 98

43(B)log

SEPTEMBER 1, 2021

Caryn Mandabach Prods. Ltd. v. Sadlers Brewhouse Ltd., 2021 WL 2497928, No. CV 20-10220-CBM-(JEMx) (C.D. Cal. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Defendants allegedly sold three alcoholic beverages under the name “Peaky Blinder” and used quotations/sayings/phrases from the show.

Social Media 93

Social Media Television False Advertising Artistic Work 93

JD Supra Law

SEPTEMBER 1, 2021

With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

Business 98

Business 98

Patently-O

SEPTEMBER 1, 2021

by Dennis Crouch. Lubby Holdings v. Chung ( Fed. Cir. 2021 ). Lubby’s US9750284 covers a vape-pen (“personal vaporizer”). Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. On appeal though the Federal Circuit has reversed-in-part — holding that the pre-suit damages were not available under 35 U.S.C. § 287.

Licensing 75

Licensing Patent Patent Infringement Patent Law 75

JD Supra Law

SEPTEMBER 1, 2021

Can certain specific medical device details remain company know-how or protected trade secrets even if patents are pursued on the medical device? Consider the Seventh Circuit’s commentary in its August 9, 2021 decision upholding a preliminary injunction in the Life Spine, Inc. v. Aegis Spine, Inc. case. .

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Patent 94

IP Law 360

SEPTEMBER 1, 2021

As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

Government 75

Government 75

JD Supra Law

SEPTEMBER 1, 2021

On August 16, 2021, the Federal Circuit handed down two rulings related to patents issued to Teva, which involve therapeutic antibodies targeting a calcitonin gene-related peptide (“CGRP”). In both cases, the Federal Circuit affirmed the Patent Trial and Appeal Board (“the Board”)’s decisions on inter partes review (“IPR”) filed by petitioner Eli Lilly.

Patent 91

Patent 91

Patently-O

SEPTEMBER 1, 2021

Belcher Pharma v. Hospira, Inc. ( Fed. Cir. 2021 ). The Federal Circuit has confirmed that Belcher’s U.S. Patent No. 9,283,197 is unenforceable due to inequitable conduct based upon materials withheld during prosecution. The patent covers l-epinephrine formulations at pH between 2.8 and 3.3 and with certain impurity level limitations. During prosecution, the examiner found a prior art reference with a wider encompasing pH range of 2.2 to 5.0, but the patentee successfully argued that its

Patent Application 68

Patent Application Art Patent Invention 68

JD Supra Law

SEPTEMBER 1, 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. By: Harness, Dickey & Pierce, P.L.C.

Design Patent 74

Design Patent Designs Design Patent 74

IP Law 360

SEPTEMBER 1, 2021

A day after a federal judge ruled that a free streaming service called Locast was not covered by an obscure copyright exception, the major broadcast networks are seeking an injunction that would shut down the service.

Copyright 66

Copyright 66

JD Supra Law

SEPTEMBER 1, 2021

Artificial intelligence is growing rapidly and exponentially. As technology advances, there are many new concerns legally, ethically and socially. Many wonder how patent offices will handle new AI generating inventions, or even how AI lethal weapons will be regulated. As countries are trying to catch up legally to the latest AI technology, the European Union is taking the lead with a new risk-based approach to regulating AI technology.

Technology 76

Technology Invention Patent 76

43(B)log

SEPTEMBER 1, 2021

Topdevz, LLC v. LinkedIn Corp., 2021 WL 3373914, No. 20-cv-08324-SVK (N.D. Cal. Aug. 3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. Every advertiser “agree[s] to pay on the basis and at the rate shown when a campaign, order or other purchase was submitted … e.g., price per impression, click” or other pricing options.

Business 59

Business Advertising Advertising Contracts 59

JD Supra Law

SEPTEMBER 1, 2021

If you recently filed a trademark application with the U.S. Patent and Trademark Office, you may have noticed that the average time to first action (initial examination) is about six months from the application’s filing date – double that compared to applications filed in late 2019 and early 2020. This increase in time to first action is directly tied to an increase in trademark application filings.

Marketing 66

Marketing Marketing Trademark Patent 66

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 1, 2021

Over the past decade, developments in battery technology have led to rapid advances in the ubiquity of electric vehicles (EVs) and opened up new possibilities for energy solutions that will help reduce dependence on fossil fuels. With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation.

IP 52

IP Intellectual Property Government Technology 52

JD Supra Law

SEPTEMBER 1, 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. In this issue: - For Partial Design Patents and Utility Patents Alike, Reliance on Objective Indicia Requires Evidence of a Nexus to the Unique Claimed Features - Federal Circuit Remands for Board's Improper Use of Extrinsic Evidence.

Design Patent 56

Design Patent Designs Design Patent 56

LexBlog IP

SEPTEMBER 1, 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). A false association claim under section 2(a) of the Lanham Act is similar in some respects to a likelihood of confusion claim under section 2(d) of the Act, although the statutory protection against a false sugges

Registration 52

Registration Music Branding Brands 52

JD Supra Law

SEPTEMBER 1, 2021

A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining whether a patent is subject to the first-inventor-to file provisions, and therefore eligible for PGR,….

Inventor 56

Inventor Patent 56

LexBlog IP

SEPTEMBER 1, 2021

On June 21, 2021, the Supreme Court held the Director of the USPTO “may review final PTAB decisions and, upon review, may issue decisions himself on behalf of the Board.” United States v. Arthrex, Inc. , 141 S. Ct. 1970, 1987 (2021) (holding that 35 U.S.C. § 6(c)—“Only the Patent Trial and Appeal Board may grant rehearings”—cannot be constitutionally enforced against the Director for inter partes review proceedings).

Copying 52

Copying Art Patent Law 52

JD Supra Law

SEPTEMBER 1, 2021

Artificial intelligence is growing rapidly and exponentially. As technology advances, there are many new concerns legally, ethically and socially. Many wonder how patent offices will handle new AI generating inventions, or even how AI lethal weapons will be regulated. As countries are trying to catch up legally to the latest AI technology, the European Union is taking the lead with a new risk-based approach to regulating AI technology.

Technology 52

Technology Invention Patent 52

LexBlog IP

SEPTEMBER 1, 2021

CAFC Says “No”…Ninth Circuit Says “Yes” Under 35 U.S.C. § 285, a prevailing party in a patent infringement dispute may be awarded reasonable attorney fees in “exceptional cases.” I’ve previously discussed the contours of what constitutes an “exceptional” case based upon earlier cases. In 2018, the Central District of California awarded attorney’s fees stemming from a parallel PTAB proceeding, and in 2019 a Michigan court held

Intellectual Property 52

Intellectual Property Litigation Patent Infringement Patent 52

IP Law 360

SEPTEMBER 1, 2021

A Federal Circuit judge on Wednesday took issue with a California federal jury's conclusion that Apple and Broadcom infringed three California Institute of Technology data transmission patents to the tune of $1.1 billion, saying the university's infringement theory seemed "questionable.

Technology 52

Technology Patent 52

JD Supra Law

SEPTEMBER 1, 2021

The U.S. Supreme Court’s opinion in United States v. Arthrex has shaken up the Patent Trial and Appeals Board but will likely have little effect on case outcomes. Arthrex involved a challenge to the constitutionality of the PTAB’s administrative patent judges. APJs are appointed by the Secretary of Commerce and can be removed only for cause.

Patent 52

Patent 52

Indiana Intellectual Property Law

SEPTEMBER 1, 2021

The U.S. Trademark Office issued the following 161 trademark registrations to persons and businesses in Indiana in August 2021 based on applications filed by Indiana trademark attorneys: Reg. Number. Word Mark. 6463659. DEMON SEER. 6463658. IMMORTAL SUPERS. 6463610. Z5. 6463004. PALIBRIO. 6462139. SWIMSUITS FOR ALL. 6462020. U-NITT. 6461961. GTR. 6461958.

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Registration Trademark Publishing Business 52

JD Supra Law

SEPTEMBER 1, 2021

Functional claims took another hit at the Federal Circuit Court of Appeals. The patent at issue broadly claimed a three-part chimeric antigen receptor including all scFvs that bind to any target. The Court found written description lacking for failure to provide a representative sample of species falling within the claims or “defining characteristics” for the broad genus.

Patent 52

Patent 52

LexBlog IP

SEPTEMBER 1, 2021

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two 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%.

Patent 52

Patent Patent Application Invention Technology 52