IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

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TorrentFreak

SEPTEMBER 29, 2021

For the past several years, major cybersecurity company Group-IB has been at the forefront of anti-piracy enforcement in Russia. In early 2019, the company was the first to report in detail on so-called ‘pirate CDNs’, specialist content delivery systems that service huge numbers of pirate streaming sites with tens of thousands of movies and TV shows plus supporting artwork and descriptions.

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IP Watchdog

SEPTEMBER 29, 2021

While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases.

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SpicyIP

SEPTEMBER 29, 2021

We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “ Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing ” from October 4-7 2021. For further details, please read the announcement below.

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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 29, 2021

The original Lynn Goldsmith photograph (left) and Andy Warhol’s Prince portrait (right), as reproduced in court documents. Photo Credit: Artnet News. . Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.

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SpicyIP

SEPTEMBER 29, 2021

We are pleased to inform you that the Microsoft IPR Chair and the DPIIT IPR Chair at Gujarat National Law University (GNLU), Gandhinagar are jointly organising a webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ on 13th October, 2021. Webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ Logo of Gujarat National Law University, Gandhinagar.

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IP Law 360

SEPTEMBER 29, 2021

Greenberg Traurig LLP announced Tuesday it has added two new shareholders in Southern California, continuing the firm's string of lateral hires in the Golden State.

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Patently-O

SEPTEMBER 29, 2021

by Dennis Crouch. Sen. Leahy and Sen. Cornyn have introduced the “Restoring the America Invents Act” designed to further address problems caused by the USPTO’s issuance of “poor-quality patents.” Leahy Press Release. Text of the Proposal. The proposal is basically a wish list of patent-killers seeking to cancel patent rights via inter partes review.

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SpicyIP

SEPTEMBER 29, 2021

We’re pleased to bring to you a guest post by Akhil Satheesh. Akhil is a final year B.A.L.L.B.(Hons.) student from NUALS, Kochi. Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Akhil Satheesh. An image of Zolgensma trademark alongside a child sitting in a wheel chair (from here ). What is the price of an ordinary human life?

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IP Watchdog

SEPTEMBER 29, 2021

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled today in a precedential opinion that Alarm.com, which was denied institution on three inter partes review (IPR) petitions it filed against patents owned by Vivint, Inc., could not simply “repackage” arguments raised in its IPR petition to challenge the same patent via ex parte reexamination.

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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

JD Supra Law

SEPTEMBER 29, 2021

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Doug Gilfillan covers cybersecurity events.

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IP Law 360

SEPTEMBER 29, 2021

An official in the U.S. Department of Justice's Antitrust Division indicated that the agency is taking a more balanced approach to policies surrounding the standard-setting process, after critics saw the prior administration as overly favorable to patentholders.

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43(B)log

SEPTEMBER 29, 2021

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a gym company. The Membership Agreement allegedly said that: “Buyer should be aware that if the Club closes, although the Club will remain legally liable to Buyer for a refund, Buyer may risk losing his or her money if the

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IP Law 360

SEPTEMBER 29, 2021

A New York federal judge ruled Tuesday that model Emily Ratajkowski infringed a paparazzo's photograph of herself when she posted the image to her Instagram story, rejecting the model's argument that her addition of a caption "transformed" the image.

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The TTABlog

SEPTEMBER 29, 2021

A certain TTAB Judge once told me that one can predict the outcome of a Section 2(d) appeal 95% of the time by just looking at the marks and the goods or services. Here are three Section 2(d) refusals that were recently considered on appeal. One of the refusals was reversed. Which one? [Answer in first comment]. In re Herve US, LLC , Serial No. 88703522 (September 27, 2021) [not precedential] (Opinion by Judge Christen M.

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IP Law 360

SEPTEMBER 29, 2021

A Florida-based ticket reseller has hauled two brothers it recently fired into federal court over claims they misappropriated trade secrets and improperly accessed its computer systems as part of a scheme to start a competing business.

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Patently-O

SEPTEMBER 29, 2021

In re Vivint, Inc. ( Fed. Cir. 2021 ). Vivint sued Alarm.com for infringing its US Patent 6,717,513. Alarm.com responded with three different inter partes review (IPR) petitions. Those three petitions were denied at the institution stage. Two of the petitions were denied on the merits, the third petition was denied based upon the “abusive” IPR filing practices of Alarm.com (noting that there were 15 total IPRs filed involving ‘incremental petitioning’).

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IP Law 360

SEPTEMBER 29, 2021

The German federal government has approved the rules governing the European Union's Unified Patent Court system and expects the court to begin functioning in mid-2022.

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Patently-O

SEPTEMBER 29, 2021

ENCO Systems, Inc. v. DaVincia, LLC (Supreme Court 2021). In March 2021 the Federal Circuit sided with the patent challenger DaVincia — affirming that ENCO’s patent claims were invalid as directed to an abstract idea. Now, ENCO has petitioned the Supreme Court with the following general question: What is the appropriate standard for determining whether a patent claim is directed to a patent-ineligible concept when determining whether an invention is eligible for patenting under 35 U.

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IP Law 360

SEPTEMBER 29, 2021

While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

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JD Supra Law

SEPTEMBER 29, 2021

Companies often hire employees to develop new products, improve processes, create new technologies, and develop new markets. But how should employers address the ownership of intellectual property created by their employees in the course of their employment? PilieroMazza’s Sarah Nash and Camilla Hundley—attorneys in the Firm’s Labor & Employment and Litigation & Dispute Resolution practice groups—reveal vital steps employers should take to minimize the risk of losing their rights.

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IP Law 360

SEPTEMBER 29, 2021

In another move to boost its commercial litigation practices, Wilson Sonsini Goodrich & Rosati PC snagged a first-chair trial partner from Akin Gump Strauss Hauer & Feld LLP in Los Angeles.

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JD Supra Law

SEPTEMBER 29, 2021

Patent and trademark issues effecting pharmaceutical laboratories, biotechs, food supplements and dietary products professionals, cosmetics companies and medical devices manufacturers is continually evolving across France and the EU. We are regularly monitoring key cases and news, to provide insights as to how this impacts business within your sector.

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LexBlog IP

SEPTEMBER 29, 2021

A recent decision by the Ninth Circuit Court of Appeals in BladeRoom Group Limited v. Emerson Electric Co. further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire. The Court in Bladeroom reversed a multi-million dollar judgment for the plaintiff, based largely on the Court’s differing interpretation of the duration of the

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JD Supra Law

SEPTEMBER 29, 2021

On September 17, 2021, the Third Circuit held in Beasley v. Howard that trademark cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”) do not have claim preclusive effect against trademark infringement lawsuits in federal district courts because of the TTAB’s limited jurisdiction.

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LexBlog IP

SEPTEMBER 29, 2021

Bill Released – Iancu Era Rebuked. Well, the wait was not that long after all. Senator Leahy -VT (D) (with co-sponsor Senator Cornyn – Tx (R)) has today released the draft bill entitled “Restoring the America Invents Act.” The bill includes most of what I expected, with a handful of additional provisions. Below is a brief overview of all of the proposed changes.

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JD Supra Law

SEPTEMBER 29, 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: - Observations from the September 17, 2021, LEAP Arguments and Bench Discussion - Inter and Intra Circuit Split Emerges on Forum Selection Clauses Barring PTAB Challenges - Federal Circuit Says Institution Decision.

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LexBlog IP

SEPTEMBER 29, 2021

IPNews® – On September 21st, 2021, The Boring Company (TBC) — an infrastructure firm founded by Elon Musk — filed a trademark opposition against a similarly named snack food company. In the opposition notice, Musk’s The Boring Company claims that registration of “The Boring Snack Company” would create confusion among consumers.

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JD Supra Law

SEPTEMBER 29, 2021

There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion entities” (collectively, “Fortress”) based on the allegedly anticompetitive practice of patent “aggregation.” Recall that the plaintiffs’ first amended complaint was dismissed without prejudice in January 2021 because Judge Chen of the U.S.

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LexBlog IP

SEPTEMBER 29, 2021

When the European Commission adopted the new EU Standard Contractual Clauses ( new SCCs ) for international data transfers earlier this year, we highlighted 3 key dates to be aware of. As one of those dates – 27 September 2021 – has now passed, its timely to remind ourselves why those dates are important. 27 June 2021. From this date the new EU SCCs could be used by companies transferring data from EEA to non-EEA countries. 27 September 2021.

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JD Supra Law

SEPTEMBER 29, 2021

The Federal Circuit in Lubby Holdings v. Chung overturned a jury verdict finding that Lubby satisfied Sec. 287(a)’s requirement to notify Chung of his infringement. Was this reversible error, or has the court determined that an affirmative act(s) of notice by the patentee is required to establish notice under Sec. 287(a) as a matter of law?

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IP.com

SEPTEMBER 29, 2021

While creating with unlimited time and resources sounds like an inventor’s dream, constraints are actually good for creativity. Moving through the innovation lifecycle with a structured workflow keeps teams engaged. The post Innovation Workflow: Guiding Teams through the Innovation Lifecycle appeared first on IP.com - IP Innovation and Analytics.

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JD Supra Law

SEPTEMBER 29, 2021

On September 20, 2021, the District Court for the Northern District of Illinois entered a scheduling order in AbbVie v. Alvotech, No. 21-2258, 21-2899 (N.D. Ill.). As we previously reported, AbbVie Inc. (“AbbVie”) brought an action on April 27, 2021, in the Northern District of Illinois for patent infringement against Alvotech hf. under the BPCIA in connection with Alvotech’s proposed biosimilar version of HUMIRA® (adalimumab). .

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Chicago IP

SEPTEMBER 29, 2021

The IPLAC’s Mentorship Committee is excited to announce its second annual mentorship session. The mentoring program pairs experienced attorneys, patent agents, and paralegals with new attorneys, patent agents, paralegals and law students to provide mentoring in the intellectual property legal profession. This is a great opportunity to build both the experience and collegiality of our local IP bar.

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JD Supra Law

SEPTEMBER 29, 2021

The patent examiners at the U.S. Patent Office are generally required to take up patent applications for examination based on the order in which the applications were filed. And current statistics reveal the average wait time for a normal patent application to be taken up and examined (referred to as pendency) is about 17 months, although in some cases the wait can be much longer.

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