Tue.Jul 06, 2021

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Trademark registration: a boost to any brand’s immune system

Erik K Pelton

The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. I actually heard a friend of mine yesterday refer to it as half-cinated. It’s a hybrid of half-vaccinated. I thought that was interesting new terminology.

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What is Your Preferred Method for Attacking Functional Claims?

Patently-O

by Dennis Crouch. VoIP-Pal.com, Inc. v. Apple, Inc. , No. 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB. Judge Koh then dismissed the infringement case in Apple’s favor–finding that all asserted claims were directed to ineligible subject matter.

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Federal Court of Appeal Upholds Canada’s First Website-Blocking Order in Decision that Raises Freedom of Expression Concerns

IPilogue

Photo Credits: Glenn Carstens-Peters ( Unsplash). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . The Federal Court of Appeal unanimously upheld Canada’s first extensive website-blocking order on May 26, 2021. While framed as a decision that protects Canadians from copyright piracy, the judgement raises serious concerns regarding the Charter ’s s. 2(b) guarantee of freedom of expression.

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Large Numbers of Blockchain Shopping and Payment Patents are Waiting to Issue

IP Close Up

More global blockchain patents have been published and are preparing to issue in transactions and e-commerce than have been issued over the past several years. Continue reading.

Patent 105
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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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Covid-19 Tax Credits for Employers

Stock Legal Blog

By now, we all know the Covid-19 pandemic raised many challenges for both employees and employers. Many employers struggled keeping their employees on the payroll amid government ordered shutdowns. Those that were able to hang on to their employees during these tough times are eligible for tax credits. The Employee Retention Credit was rolled out as part of the CARES Act in 2020 and has since been updated and extended through the rest of 2021.

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SPACs: A Double-Edged Sword

LexBlog IP

By: Haodi Dong. Recently, a growing number of companies are choosing to go public by merging with Special Purpose Acquisition Companies (“SPACs”) instead of going through a traditional Initial Public Offerings (“IPOs”). This post discusses current SPAC regulations and explores why investors should think carefully before investing in SPACs.

More Trending

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Precedential No. 18: TTAB Orders Cancellation of Two Registrations Under Section 14(3) Due to Registrant's Misrepresentation of Source

The TTABlog

Section 14(3) cases are as rare as a White Sox fan in Boston. Not since the FLANAX case ( Bayer v. Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products.

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Reviving Bill C-10: CRTC Re-Opens Data Gathering Plans To Require Disclosures from Internet Streaming Services

Michael Geist

Bill C-10 may be dead for now ( Senate discussions on returning during the summer will reportedly not include the bill), but CRTC Chair Ian Scott has signalled a willingness to move ahead with Bill C-10-like policies. In fact, even without legislative reform, the CRTC last week announced that it is re-opening its approach to a digital media survey by seeking to expand it to cover foreign streaming services.

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ViCo oral proceedings on the legality of ViCo oral proceedings - G1/21, The Sequel

The IPKat

The re-scheduled Enlarged Board of Appeal (EBA) oral proceedings for referral G1/21 (ViCo oral proceedings), were held last Friday. The EBA did not announce a decision during proceedings and we now await a written decision. The EBA oral proceedings were themselves plagued by technical issues that, unfortunately for the EPO, were not a great advertisement for the benefits of ViCo proceedings.

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Belmora’s U.S. Supreme Court certiorari reply brief in the FLANAX case

Likelihood of Confusion

Originally posted 2017-02-08 17:12:15. Republished by Blog Post Promoter. The post Belmora’s U.S. Supreme Court certiorari reply brief in the FLANAX case appeared first on LIKELIHOOD OF CONFUSION™.

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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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Federal Circuit Finds Digital Camera an Abstract Idea

Fish & Richardson Trademark & Copyright Thoughts

The Federal Circuit’s recent precedential decision in Yu v. Apple reflects an important data point in the Court’s § 101 jurisprudence as it applies to patents claiming computer-implemented inventions. F.3d , 2021 WL 2385520 (Fed. Cir. June 11, 2021). In Yu , a divided Federal Circuit panel affirmed the Northern District of California’s grant of Apple’s and Samsung’s Rule 12(b)(6) motions to dismiss on ineligibility grounds, where the asserted claims were directed to a tangible, physical inventio

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Trademark Modernization Act of 2020: Part 2

JD Supra Law

Before a mark can become registered in the United States, a trademark applicant must usually provide evidence that its mark is in use. Furthermore, to maintain the trademark registration the registrant must periodically show it is still using the mark in commerce. Unfortunately, the federal trademark registers are cluttered with marks that are not actually in use, and which potentially block legitimate trademarks from becoming registered.

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Common Law Pension Entitlement

Nelligan Law

Read as Family Lawyer Ira Marcovitch breaks down the question of pension entitlement in a common-law relationship: I was in a common-law relationship for 13 years. We have 2 children together. He is taking out his $100,000 union pension and returning back to Ireland for good. Am I entitled to half of his pension? Entitlement. Read more » The post Common Law Pension Entitlement appeared first on Nelligan Law.

Law 55
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Your domain name, your identity: the risks of not protecting it for your brand image

Garrigues Blog

In the current context, the use of domain names is essential so that consumers from any part of the world can access the products and services of companies on the Internet. They allow companies to promote their brand image and connect with the community around them. Domain names are a valuable form of identity and therefore are exposed to fraudulent use.

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Common Law Pension Entitlement

Nelligan Law

Reading Time: 2 minutes Read as Family Lawyer Ira Marcovitch breaks down the question of pension entitlement in a common-law relationship: I was in a common-law relationship for 13 years. We have 2 children together. He is taking out his $100,000 union pension and returning back to Ireland for good. Am I entitled to half of his pension? If you are a common-law spouse and wish to make a property claim, speak to an experienced family law lawyer.

Law 52
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Deputy Secretary Don Graves Praises Commerce’s USPTO for Their Critical Work in Promoting American Competitiveness, Innovation, and Ingenuity

U.S. Department of Commerce

Deputy Secretary Don Graves Praises Commerce’s USPTO for Their Critical Work in Promoting American Competitiveness, Innovation, and Ingenuity. July 6, 2021. KCPullen@doc.gov. Tue, 07/06/2021 - 13:41. Intellectual property. Drew Hirshfeld presents Deputy Secretary Graves with a copy of his ancestor’s patent. Photo by Jay Premack/USPTO. USPTO Leadership Presents Graves with Copy of Ancestor’s Patent.

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Final IPR Decisions Now Subject To Director Review

JD Supra Law

Disappointed with the final decision in your inter partes review (IPR) or post-grant review (PGR)? Under a new interim procedure, you may now seek review by the director of the U.S. Patent and Trademark Office. The Office is also expected to develop a more permanent process allowing participants to seek director review of final IPR or PGR decisions.

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The Uncharted Legal Territory of Non-Fungible Tokens

IP Tech Blog

The recent US$69 million sale of an “NFT” by digital artist Beeple in March 2021 generated considerable attention, both within and outside the realm of art. NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for NFTs are arising now across a variety of industries.

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No Foul In Fair Play: Supreme Court Clarifies The Boundaries Of Assignor Estoppel

JD Supra Law

On June 29, 2021, the Supreme Court clarified the “boundaries” of the patent-law doctrine of assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc., 594 U.S. (2021). The Court, in Westinghouse Elec. & Mfg. Co. v. Formica Insulation Co., 266 U.S. 342, 349 (1924), grounded the doctrine in a principle of fairness: an inventor may not assign a patent to another for value and later contend in litigation that the patent is invalid.

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European patent litigation makes Oppo an EPO opposition target

IAM Magazine

Chinese mobile players are well acquainted with validity fights in the US and China, but Oppo and others increasingly find themselves under attack at the EPO.

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Mind Your Examples

JD Supra Law

In an unusual Federal Register Notice, the USPTO “reminded” applicants that “patent applications must properly present examples in a manner that clearly distinguishes between prophetic examples that describe predicted experimental results and working examples that report actual experimental results.” According to the USPTO, “The distinction must be clear to satisfy the written description and enablement requirements and comply with the applicant's duty of disclosure.”.

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The EU wants answers on Chinese SEP patent practice

IAM Magazine

A request for information filed through the WTO signals high-level interest in how courts in China are handling anti-suit injunctions.

Patent 52
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PTAB/USPTO Update - July 2021

JD Supra Law

USPTO Leadership -.Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director.

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Access Advance is the first to market with a VVC patent pool

IAM Magazine

CEO Moller hails video codec licensing “gamechanger” that delivers hassle-free backwards compatibility.

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CVC Substantive Preliminary Motion No. 2 to Deny Priority Benefit

JD Supra Law

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.

Patent 52
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Marques de commerce: L’emprise des douanes chinoises

LexBlog IP

Par Henri Lajeunesse. Les activités d’approvisionnement et d’exportation chinoise ne sont plus une simple question de douane. Un nombre croissant d’entreprises nord-américaines se voient dorénavant soumises aux lois chinoises sur les marques de commerce. En effet, la politique douanière chinoise a conclu que même les marchandises exclusivement destinées à l’exportation tombaient désormais sous le droit des marques chinois. Étan

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User Identification Module Held Means-Plus-Function Element, Lacked Structure/Algorithm and Invalid

JD Supra Law

In Rain Computing, Inc. v. Samsung Elecs. Am., Inc., the Federal Circuit held that the claimed language “user identification module” was a means-plus-function element with no corresponding structure disclosed in the specification and was therefore invalid for being indefinite. In particular, the court reiterated that when specialized programming is required to perform the function of….

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The Uncharted Legal Territory of Non-Fungible Tokens

LexBlog IP

The recent US$69 million sale of an “NFT” by digital artist Beeple in March 2021 generated considerable attention, both within and outside the realm of art. NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for NFTs are arising now across a variety of industries.

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Supreme Court Hammers Final Nail in the IP Bridge v. TCL Coffin

JD Supra Law

On Monday, the Supreme Court denied TCL Communication’s certiorari petition, without comment, appealing the Federal Circuit’s ruling that the essentiality of a patent claim is a question for the jury rather than judges to resolve during claim construction. The denial of cert by the Supreme Court cements the Federal Circuit ruling which made proving infringement of standard essential patents easier by allowing reliance on the standard to show such infringement.

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Alvotech Announces Reaching the Primary Completion Date in Its AVT02 Switching Study

LexBlog IP

On June 15, 2021 Alvotech announced that data collection has been completed from the last of its 568 clinical trial study participants in AVT02-GL-302 , a switching study for AVT02, the company’s biosimilar to high concentration (100mg/mL) Humira® The switching study compared the pharmacokinetics, efficacy, safety, and immunogenicity of AVT02 (40 mg/mL) to subcutaneous Humira® (40 mg/mL) in patients with moderate to severe chronic plaque psoriasis.

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PTAB Strategies and Insights Newsletter - June 2021

JD Supra Law

[co-authors: Patrick Murray, Risa Rahman, and Jae Bandeh] 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. This month we cover: - PTAB filing and outcome statistics as of June 2021; - Review the High Court's ruling in favor of a high school students First Amendment dispute; -.

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The IP Hall of Fame inductees for 2021 announced

IAM Magazine

Florent Gevers, Andrei Iancu, Fritz Lanham, Dan McCurdy and Laura Quatela are the five individuals selected for induction this year by the IP Hall of Fame Academy.

IP 52
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Supreme Court Retains Doctrine of Assignor Estoppel, But With Limits

JD Supra Law

The Supreme Court, speaking through a five-justice majority, has reaffirmed the equitable principle of assignor estoppel while at the same time limiting its application in Minerva Surgical, Inc. v. Hologic, Inc. Assignor estoppel prohibits an inventor or other owner of rights in a patent from selling that patent to another party, then practicing the invention while attempting to avoid infringement liability by claiming the patent was invalid from the start.

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“That one case”

Likelihood of Confusion

The post “That one case” appeared first on LIKELIHOOD OF CONFUSION™.

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The USMCA/CUSMA is One Year Old: What Has Been its Impact on Copyright, Content and Canada-US Cultural Relations?

Hugh Stephens Blog

July 1, apart from marking the 154th Canada Day, was the first anniversary of the entry into force of the “new NAFTA”, now labelled the USMCA (the US-Mexico-Canada Agreement). Canadians, being a stubborn lot, have decided to call it the CUSMA, just because they can. Whatever you call it, reaching agreement with a Trump Administration … Continue reading "The USMCA/CUSMA is One Year Old: What Has Been its Impact on Copyright, Content and Canada-US Cultural Relations?

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