Mon.Feb 20, 2023

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3 Things I Learned in Law School That I Apply to Trademarks Every Day

Erik K Pelton

The following is an edited transcript of my video 3 Things I Learned in Law School That I Apply to Trademarks Every Day. It has been more than 25 years since I graduated law school (!) and I was reflecting on some of the lessons that I learned in law school that I apply to my trademark work every day. The first thing I learned in law school is that the practice of law and the connection with entrepreneurs is tremendously underserved.

Trademark 147
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Highlights from the new EPO Guidelines for Examination 2023: Erroneous parts, UPC and sequence listings

The IPKat

The updated EPO Guidelines for Examination will enter into force on 1 March 2023. A draft version of the Guidelines can be previewed here. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the new Rule 56a EPC on erroneously filed parts. Missing and erroneous parts The Guidelines have been amended throughout to reflect the introduction of Rule 56a EPC in 2021 (A-II-6).

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Bungie Wins $4.3 Million Award Against Cheat Seller in Arbitration

TorrentFreak

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the software. AimJunkies denied the claims and argued that cheating isn’t against the law. In addition, it argued that the copyright infringement allegations were ungrounded because some of the referenced copyrights were registered well after the cheats

Copying 118
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Press Release: Texas Governor Abbott Announces Statewide Plan Banning Use Of TikTok — Artist Rights Watch

The Trichordist

"Owned by a Chinese company that employs Chinese Communist Party members, TikTok harvests significant amounts of data from a user’s device, including details about a user’s internet activity.

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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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“Sentiti Libera”: from street art in Genoa to the Manifesto Dress at Sanremo Music Festival 2023

The IPKat

While Sanremo is over for this year, this Kat is still musing on possible IP issues during the most appreciated Italian music show. The background Artwork by Arianna Gallo First of all, it is necessary to set the scene: Sanremo 2023, the 73rd edition of the Festival della Musica Italiana (Italian Music Festival) , is one of the most followed and watched TV shows in Italy that takes place each February.

Art 98
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Sanofi and Regeneron File Respondents' Brief on Amgen v. Sanofi

JD Supra Law

Sanofi and Regeneron filed their brief at the Supreme Court in Amgen v. Sanofi, in which Amgen seeks to have the Court overturn the District Court's grant of JMOL in the issue of whether Amgen's claims were invalid for non-enablement under 35 U.S.C. § 112(a).

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2023 IP Outlook: The Impact of the Metaverse and NFTs on IP Protections

JD Supra Law

In 2023, we believe that intellectual property issues in relation to the metaverse, blockchain technologies and crypto assets will continue to be an important focus for brand owners and for businesses entering or expanding into this evolving space. Two metaverse and NFT lawsuits took center stage in 2022 and are important to watch in 2023: Hermès’s suit over MetaBirkins NFTs and Nike’s suit against StockX.

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An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.

IP and Legal Filings

Introduction Domain names have begun to play an important role in online commercial activity and can be used to differentiate between various names and origins of goods and services. For example, the domain name “rli.com” stands for Reliance Industries Limited and represents both the company’s name and the distinct services it provides.

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Minerva Surgical, Inc. v. Hologic, Inc. (Fed. Cir. 2023)

JD Supra Law

Minerva and Hologic, competitors selling devices used for ablating uterine endometrial tissue, are notable for their dispute last year that gave the Supreme Court an opportunity to reassess an established patent law doctrine, assignor estoppel (reminiscent of the Court's review of the Federal Circuit's standard for obviousness in KSR Int'l v. Teleflex).

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A Typical Eligibility Case in 2023

Patently-O

by Dennis Crouch The U.S. Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

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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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The Unitary Patent Court: Opting European Patents Out

JD Supra Law

1. Introduction The Unified Patent Court (UPC) is a new patent court that will be fully in force starting June 2023 and, along with the Unitary Patent system, represents the biggest change in European patent practice in decades. The UPC will have jurisdiction to hear cases regarding infringement actions and patent revocations of European Patents and European Patents with unitary effect, i.e., Unitary Patents.

Patent 97
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GitHub: DMCA Repo Shutdowns Up 31% in 2022 But There’s No Need to Panic

TorrentFreak

GitHub’s user search page currently reports a healthy 108 million users but that still means a few billion internet users are missing out. While notable alternatives exist , GitHub is a goldmine of information, ideas, and free education. That’s before considering the mountain of open source software available for download. From those building promising software from scratch to those who just love to tinker, GitHub has something for everyone.

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National Association of Voice Actors: AI/Synthetic Voice Rider–Don’t lose your voice forever

The Trichordist

Voice over actors are being attacked by purveyors of artificial intelligence so that the actor's voices can be re-used without consent or compensation even if they didn't consent or at least didn't object.

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free speech protects allegations of patent infringement that aren't objectively baseless

43(B)log

Lite-Netics, LLC v. Nu Tsai Capital LLC, 2023-1146, 2023 WL 2054370, F.4th - (Fed. Cir. Feb. 17, 2023) Reversing the district court’s preliminary injunction , the Federal Circuit held that notices to stores that sold Nu Tsai’s holiday string lights alleging patent infringement were not objectively baseless and thus could not be made in bad faith for purposes of avoiding patent-law conflict preemption.

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Fiduciary duties of Bitcoin Developers: Tulip Trading v Bitcoin Association

Barry Sookman

Do the developers of Bitcoin code owe fiduciary duties to an owner of that cryptocurrency to help the owner retrieve lost or inaccessible bitcoin after the owner’s private key has been hacked? They might ruled the U.K. Court of Appeal in Tulip Trading Limited v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83 (03 February 2023), a decision that overturned a lower court judge who ruled there was no basis to obtain such relief.

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Better Corporate Governance ? Reducing Group Bias + Noise

LexBlog IP

This article focuses on explaining and applying the findings from “Noise: A Flaw in Human Judgment” by Daniel Kahneman, Olivier Simony & Cass R. Sunstein towards enabling better corporate governance decisions by taking proven steps to proactively mitigate against both group bias + noise to gain better quality decisions and derive competitive advantage.

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Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: In re McDonald, 43 F.4th 1340 (Fed. Cir. 2022) (Newman, Stoll, Cunningham)

JD Supra Law

In 2008, McDonald filed a patent application for methods and systems related to the display of primary and secondary search results in response to search queries. The examiner rejected McDonald’s original application as being directed to patent ineligible subject matter under § 101. To overcome this rejection, McDonald amended the claims to add a “processor” to certain claim limitations.

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Ad Valorem Property Tax Refunds Available for Those Affected by Hurricane Ian

LexBlog IP

Deadline Extensions Last fall, Governor DeSantis signed Executive Order 22-242 on October 20, 2022, extending ad valorem property tax filing deadlines for Floridians affected by Hurricane Ian and called for a special session to address further relief. The special session concluded toward the end of the December and Governor DeSantis signed Senate Bill 4-A, which codified the extended deadlines in section 197.3182 of the Florida Statutes.

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Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Almirall, LLC v. Amneal Pharmaceuticals LLC, 28 F.4th 265 (Fed. Cir. 2022) (Lourie, Chen, Cunningham)

JD Supra Law

Almirall’s patent claims recite: [a]bout 4% w/w of a polymeric viscosity builder comprising acrylamide/sodium acryloyldimethyl taurate copolymer…. The Board instituted an IPR on the patent, where the primary reference disclosed “between about 0.2% to about 4% by weight” of various gelling agents. However, the primary reference did not disclose the specific claimed gelling agent.

Patent 52
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FAQ: What Do I Need to Know About Patent Classification?

IP.com

The post FAQ: What Do I Need to Know About Patent Classification? appeared first on IP.com - IP Innovation and Analytics.

Patent 52
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Germany Ratifies UPC Agreement; UP & UPC to Begin 1 June

JD Supra Law

On February 17, Germany ratified the UPC Agreement, launching the countdown to the beginning of the Unitary Patent and Unified Patent Court. Germany’s ratification means that the Agreement will enter into force on 1 June 2023. The Unitary Patent Sunrise Period has already opened and the UPC Sunrise Period will begin on 1 March.

Patent 52
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Genentech BPCIA Trastuzumab Case Against Tanvez Dismissed After Settlement

LexBlog IP

As previously reported , Genentech and Tanvex reached an agreement in January 2022 to settle BPCIA litigation relating to Tanvex’s biosimilar of HERCEPTIN (trastuzumab). On February 9, the court entered an order dismissing all claims in the case. Tanvez’s trastuzumab biosimilar has not yet been approved by FDA. Genentech previously settled cases filed against Pfizer, Celltrion/Teva, Amgen, and Samsung Bioepis/Merck involving their respective trastuzumab biosimilars.

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FWDs Issue in the Nick of Time to Suspend ITC Orders

JD Supra Law

After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion order and a cease and desist order against various Apple Watch devices – only to suspend enforcement of those orders pending resolution of PTAB Final Written Decisions (“FWD”) that had found the asserted claims unpatentable.

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SCOTUS Cases Shaping the IP Landscape in 2023

IP.com

The post SCOTUS Cases Shaping the IP Landscape in 2023 appeared first on IP.com - IP Innovation and Analytics.

IP 52
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Indian patent office budget hike bodes well but spending is the real issue

IAM Magazine

A 15% boost could help bolster staffing and shorten timelines but smarter use of funds is essential

Patent 52
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[Webinar] 2022 PTAB Year in Review: Analysis and Trends - February 28th, 1:00 pm - 2:00 pm EST

JD Supra Law

Speakers will offer updates, case summaries, and analysis of the significant 2022 PTAB guidance, actions, and rulings. Topics include: the Director’s 2022 Fintiv guidance, PTAB discretionary denial, the use of applicant admitted prior art (AAPA) in PTAB proceedings, the Director Review process in light of Arthrex, estoppel triggered by final written decisions, misconduct before the PTAB, and a review of newly designated precedential and informative PTAB decisions.

Art 52
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Indian patent office budget hike bodes well but spending is the real issue

IAM Magazine

A 15% boost could help bolster staffing and shorten timelines but smarter use of funds is essential

Patent 52
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@alliecanal8193: Spotify CEO admits he got ‘carried away’ investing, will rein in spending this year

The Trichordist

The truth is, these guys just aren’t that smart.

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SpicyIP Weekly Review (February 13- February 19)

SpicyIP

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!

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Protecting creatives or impeding progress? Machine learning and the EU copyright framework

Kluwer Copyright Blog

As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce outputs based on the works on which they have been trained.

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Review Hijacking; Abusing Third-Party Marketplaces: FTC Finds Evil in Fairly Common Practices

LexBlog IP

You make soap, and you come out with a new scent. Then, due to supply issues, you need to change fragrance manufacturers but are confident the new fragrance is almost identical to the old fragrance. Can you use reviews of other soaps in the line? What if you make a widget and you upgrade it, adding a new feature? Do you start from square one, or can you use reviews of the earlier product?

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Schaden-Fraud?

Likelihood of Confusion

John Welch has once again updated his Fraud-O-Meter! Behind this clever Infographic-type thingy is a report of a meaningful legal development concerning the concept of fraud on the PTO. As. The post Schaden-Fraud? appeared first on LIKELIHOOD OF CONFUSION™.

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Single NPE triggers 79% spike in patent cases in Massachusetts last year

IAM Magazine

Bell Semiconductor filed 31 infringement actions in the state in 2022

Patent 52
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Monthly Wrap Up (February 18, 2023): Noteworthy Trade Secret and Restrictive Covenant Posts, Cases and Developments

LexBlog IP

Apologies for the lateness of this month’s post (another trial) but it contains some important developments from the past week. The potential impact of the FTC’s proposed ban on noncompetes continues to reverberate through the legal and business communities and bipartisan federal legislation has been introduced in Congress so I am emphasizing developments there, rather than leading with the past month’s DTSA decisions (I will supplement next month’s post with any decision

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Single NPE triggers 79% spike in patent cases in Massachusetts last year

IAM Magazine

Bell Semiconductor filed 31 infringement actions in the state in 2022

Patent 52