Hugh Stephens Blog
MAY 24, 2022
The war grinds on. Every day we see distressing, tragic coverage of the brutal destruction wrought by Russian forces as they try to crush Ukraine’s resistance. How and when it will end is not evident at this point. The invasion is about territory, forms of governance, national ambitions, history and culture.
Plagiarism Today
MAY 24, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits. First off today, Andy Maxwell at Torrentfreak writes that, in Japan, a group of some thirteen movie companies have filed a lawsuit against a group of individuals and companies that make “fast movies”, or 10-minute versions of popular films.
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Erik K Pelton
MAY 24, 2022
A good slogan can be a tremendous asset for a brand. Erik shares examples of memorable slogans, and provides tips on how to create and protect one. The post The Value of a Great Slogan appeared first on Erik M Pelton & Associates, PLLC. A good slogan can be a tremendous asset for a brand. Erik shares examples of memorable slogans, and provides tips on how to create and protect one.
Plagiarism Today
MAY 24, 2022
Last week, a petition appeared on the site Change.org that asked the admissions department at the University of Pennsylvania to investigate a pair of students who, according to the organizers, were admitted to a prestigious program at the university despite having heavily plagiarized crucial works. The group, identifying themselves as “For Justice in College Applications” specifically targeted two sisters, Annabelle (Seung Ah) Choi and Madeline (Myung Suh) Choi.
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?
TorrentFreak
MAY 24, 2022
When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. Seventeen years later, with billions of internet users now both consumers and creators of content, people are becoming more educated. Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rig
IP Watchdog
MAY 24, 2022
After two or more U.S. Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). Since 2005, the USPTO has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal, may also request a pre-appeal brief review.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Patently-O
MAY 24, 2022
by Dennis Crouch. The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a driveshaft is patent eligible. American Axle & Mfg., Inc. v. Neapco Holdings LLC, Docket No. 20-891 (Supreme Court 2022). [ USDOJ Brief ]. A decade ago, the Supreme Court decided Mayo v.
SpicyIP
MAY 24, 2022
We’re pleased to bring you a guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here and here. Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?
IP Close Up
MAY 24, 2022
China is responsible for more hacking and IP theft of U.S. information and intellectual property than all other nations combined. “The biggest threat we face Continue reading.
Velocity of Content
MAY 24, 2022
We have all seen how an appropriate and well-timed joke can sometimes influence even grim tyrants. The most violent tyrants put up with their clowns and fools, though these often made them the butt of open insults. —Desiderius Erasmus, Praise of Folly. As it was said of medieval and early modern jesters – you know, the guys with the multicolored, bell-laden hats in noble courts – I think nearly everything should be potentially on the table when it comes to being the target of comedy.
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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.
Likelihood of Confusion
MAY 24, 2022
In a case that has everyone seeing red — No, let me start over. And without the jokes. Because in a decision in Christian Louboutin S.A. v. Yves Saint Laurent. The post Louboutin gets the boot appeared first on LIKELIHOOD OF CONFUSION™.
IPilogue
MAY 24, 2022
M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on May 18, 2022. On May 2, 2022, Canada’s privacy regulatory authorities (the Regulators) issued a joint statement calling for a legal framework that clearly establishes the acceptable circumstances for police to use facial recognition technology (FR).
U.S. Department of Commerce
MAY 24, 2022
Celebrating Asian American and Native Hawaiian/Pacific Islander Inventors and Entrepreneurs. May 24, 2022. KCPullen@doc.gov. Tue, 05/24/2022 - 10:53. Intellectual property. Minority business growth. Joint blog by the U.S. Patent and Trademark Office and the Economic Development Administration. This month, the U.S. Department of Commerce is celebrating Americans from Asian American and Native Hawaiian/Pacific Islander (AANHPI) communities.
Christopher Roser
MAY 24, 2022
Screws, or more generally fasteners, are a main staple in most industries. Recently I visited a factory and saw a nice way to automate the procurement of screws and other fasteners. This Industry 4.0 solution is part of a vendor-managed inventory (VMI), where you not only buy the screw, but also the service of always. Read more. The post The Modern Way to Buy Screws first appeared on AllAboutLean.com.
IP Watchdog
MAY 24, 2022
The United States Solicitor General has recommended granting review in American Axle & Manufacturing v. Neapco Holdings, a case many in the patent community hope will provide clarity on U.S. patent eligibility law. The Supreme Court asked for the views of the Solicitor General in May of 2021 and the response has been highly anticipated. The SG’s brief says that inventions like the one at issue in American Axle have “[h]istorically…long been viewed as paradigmatic examples of the ‘arts’ or ‘
IP Law 360
MAY 24, 2022
The solicitor general on Tuesday decried the lack of clarity surrounding patent eligibility law and urged the U.S. Supreme Court to take up American Axle v. Neapco, one such case that has deeply divided the patent world and the Federal Circuit.
The TTABlog
MAY 24, 2022
Although the Examining Attorney accepted applicant's claim of acquired distinctiveness under Section 2(f), the applicant maintained its right to contest the Section 2(e)(4) refusal of its mark VESS for various educational services. The Board, however, agreed with Examining Attorney Maureen J. Reed that VESS is primarily merely a surname, and so it affrrmed the refusal.
IP Watchdog
MAY 24, 2022
On May 20, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Kaufman v. Microsoft Corp. affirming a jury verdict of $7 million in reasonable royalty damages against Microsoft’s Dynamic Data for generating web applications. The Federal Circuit denied various claim construction arguments advanced by Microsoft on appeal, including several raised on the proper meaning of “automatically generating” within the preamble to asserted claim 1, and reversed the Southern Di
Legal Zoom
MAY 24, 2022
A conflict of interest can impede employees' judgments in the workplace. Use this guide to learn how to spot them and to prevent them from happening in the first place.
McKinsey Operations
MAY 24, 2022
A survey of US employers reveals their strategies and approaches for designing appealing health benefits packages and managing costs.
LexBlog IP
MAY 24, 2022
The USPTO has a Patent Pendency Model (PPM); the PPM is a simulation tool that predicts patent production output based on actual historical data and input assumptions. The model uses historical patterns in funding, staffing and pendency. The model uses an interactive spreadsheet to make calculations and to create graphs of predicted outcomes. A link to the PPM can be found here.
Patent Trademark Blog
MAY 24, 2022
When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights. For example, how can a trademark application affect your patent-pending status?
LexBlog IP
MAY 24, 2022
Big announcement! The United States Patent and Trademark Office (“ USPTO “) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you? : If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers.
JD Supra Law
MAY 24, 2022
CJEU Decision - In Maxxus Group GmbH v Globus Holding GmbH C?183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for absence of genuine use. German case law draws a distinction between the burden of proof and the burden of setting out the facts.
LexBlog IP
MAY 24, 2022
In Everstar Merch. Co. v. Willis Elec. Co. , No. 2021-1882, 2022 WL 1089909 (Fed. Cir. Apr. 12, 2022), the Federal Circuit provided guidance to distinguish between raising a new argument and elaborating on previously raised arguments in proceedings before the Patent Trial and Appeal Board (“Board”). Here it was decided that a minor point in a petition, fleshed out much more during the remaining of the proceeding, was sufficiently raised such that it must be considered by the Board in
JD Supra Law
MAY 24, 2022
KAUFMAN v. MICROSOFT CORPORATION - Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York - Summary: An “automatic” method does not require all steps in the method to be performed without user input and five years delay in bringing a suit is not an undue delay.
IP Law 360
MAY 24, 2022
A telecom patent holding company's suit seeking coverage for losses it incurred after Congress passed the America Invents Act should be thrown out or moved to Tennessee, the company's insurer told a Colorado federal judge, citing a forum selection clause in the policy at issue.
JD Supra Law
MAY 24, 2022
Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting customers after going to a competing firm. Courts are striking down non-solicitation and even confidentiality agreements that prohibit former employees from soliciting their old customers.
BYU Copyright Blog
MAY 24, 2022
On May 18, 2022, Dr. Elliot McGucken ("McGucken") filed an Amended Complaint against Pepperdine University and associated parties ("Pepperdine"), asserting that Pepperdine infringed McGucken's copyright in a photograph (the "Photo") he had taken. The Photo, which is included with the Amended Complaint as an exhibit, appears to show a beach at sunset.The Amended Complaint claims that McGucken, an acclaimed photographer, created the Photo and disseminated it through his website and other avenues.
JD Supra Law
MAY 24, 2022
Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) - Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion, the Federal Circuit addressed three issues: subject matter jurisdiction for declaratory judgment actions under Article III of the U.S.
IAM Magazine
MAY 24, 2022
Reaction to a Commission call for evidence was more muted than the recent consultation exercise in the US, but raised some important points specific to Europe.
JD Supra Law
MAY 24, 2022
In April 2022, judges in the Northern District of California issued several interesting decisions on patent subject matter eligibility under 35 U.S.C. § 101. Two were decided on Rule 12(c) motions for judgment on the pleadings, while one was decided on a Rule 12(b)(6) failure to state a claim motion.
IAM Magazine
MAY 24, 2022
Reaction to a Commission call for evidence was more muted than the recent consultation exercise in the US, but raised some important points specific to Europe.
JD Supra Law
MAY 24, 2022
Guangzhou Intellectual Property Court has recently made first-instance judgment on an infringement case over 2 patents for invention of zippers where we served as the agent of the plaintiff YKK Co. Ltd. and concluded that the behavior of the defendant, a local company, constituted infringement.
Managing IP
MAY 24, 2022
Counsel say that DPIIT and CIPAM, two of the core IP governing bodies in India, have failed to address stakeholders’ problems because of a lack of competence
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