Mon.Jun 20, 2022

Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction

IP Watchdog

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S.

Patent 108

Judge Recommends $150k Piracy Judgment Against Torrent Site Operator

TorrentFreak

Up until a few years ago, MKVCage was a popular torrent portal that also uploaded its torrents on other sites. This ended abruptly when the makers of the superhero film “Hellboy” took the site’s operator to court the summer of 2019.

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Senators Urge Copyright Office to Reject DLC Request for Delayed Payments to Songwriters

IP Watchdog

A bipartisan group of senators on Friday sent a letter to Shira Perlmutter, Register of Copyrights and Director of the U.S.

Nitro IPTV Loses $100m Piracy Lawsuit Leaving Hollywood Studios Fuming

TorrentFreak

In August 2021, US broadcaster DISH Network plus Sling and NagraStar sued pirate IPTV service Nitro TV.

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.

This Week in Washington IP: IPWatchdog Hosts Conversation with Director Vidal; Congress to Discuss Improving Predictability at the PTAB; and Mitigating Risks in New Technologies

IP Watchdog

This week in Washington IP news and events, both the Senate and the House of Representatives hold hearings looking at various aspects of the Patent Trial and Appeal Board (PTAB), including its impact on small businesses as well as ways that predictability and fairness in PTAB proceedings can be restored by Congress.

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Cornell Research Foundation, Inc. v. Vidal (Fed. Cir. 2022)

JD Supra Law

Last month in Cornell Research Foundation, Inc. Vidal, the Federal Circuit affirmed the Patent Trial and Appeal Board's determinations in six inter partes review proceedings that invalidated the challenged claims for being obvious. By: McDonnell Boehnen Hulbert & Berghoff LLP

The Law Bytes Podcast, Episode 131: The Bill C-11 Clause-by-Clause Review – What “An Affront to Democracy” Sounds Like

Michael Geist

Last week, the Standing Committee on Canadian Heritage rushed through the clause-by-clause review of Bill C-11 in a manner that should not be forgotten or normalized.

Patent Poetry: Nike Sues Platform over NFTs

JD Supra Law

Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported. By: AEON Law

Reasonable consumers don't know what every ingredient is and does

43(B)log

Anderson v. Unilever U.S., 2022 WL 2181575, No. 21-CV-3117 (KMK) (S.D.N.Y.

Means Plus Function – Williamson Removed The “Heavy” Presumption But Dyfan And VDPP Pack Some of the Pounds Back On

JD Supra Law

When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the recited function, and a limited range of equivalents. By: Downs Rachlin Martin PLLC

Law 83

The numbers show exactly how Alice has rewritten the US patent litigation playbook

IAM Magazine

Docket Navigator data reveals defendants filing a skyrocketing number of Section 101 challenges since the 2014 decision and succeeding, much of the time, very early in cases. Analysis Research

Canadian Patent Examination Will Soon Be More Expensive, Less Flexible and Require Additional Care in Prosecution to Avoid Loss of Rights

JD Supra Law

Canadian Patent Examination - Significant fee increases will be effective at the Canadian Intellectual Property Office (“CIPO”) on October 3, 2022 related to excess claims (claims over 20) and the number of examination reports it issues during prosecution.

Animated Design Patents

Patently-O

Guest Post by Sarah Burstein , Professor of Law at the University of Oklahoma College of Law. Wepay Global Payments LLC v. PNC Bank, N.A. W.D.Pa. June 1, 2022) [ wepayDecision ].

What Do I Need to File a Utility Patent Application?

JD Supra Law

For many start-up companies, the prospect of filing a patent application can be daunting. Even when a company has a potentially patentable invention, the company may be unsure about what materials it should compile before seeking out patent counsel.

TM laches where a band broke up "for now" but its music remained on Spotify etc.

43(B)log

Satan Wears Suspenders, Inc. Jaar, 2022 WL 2181449, 21 Civ. 812 (ER) (S.D.N.Y. 16, 2022) Where a musical group’s music remains publicly available, the fact that they stopped touring may not avoid laches if you sue only when they get back together!

Music 56

A Legal View to the Availability of Information about the Health of LGBTQ2IA Communities in Ontario

IPilogue

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Identification with LGBTQ2IA+ communities is a noted social determinant for broad health inequities.

Cryptocurrency and Cryptic Copyright

Velocity of Content

With their indifferent, detached expressions, the 10,000 members of the Bored Ape Yacht Club look, well, bored.

U.S. Senators Request PTO Action on Patent Thickets

JD Supra Law

On June 8, 2022, a bipartisan group of U.S. Senators sent a letter to Kathi Vidal, Director of the U.S. Patent & Trademark Office, requesting that the PTO take action on patent thickets.

FREE JUNE WEBINAR HOSTED BY IPWATCHDOG

IP.com

IP.com is proud to offer a free webinar hosted with IPWatchdog. The post FREE JUNE WEBINAR HOSTED BY IPWATCHDOG appeared first on IP.com - IP Innovation and Analytics. Newsroom

IP 52

Federal Circuit Review - May 2022

JD Supra Law

Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No.

Art 52

UK IPO clears IP rights examination backlog

The IPKat

Readers will be pleased to hear that the UK intellectual property office (IPO) has announced that its IP rights examination has cleared a backlog - of more than 45,000 patent, trade mark and designs applications – which is now down to zero, for the first time in several years.

Trademark & Copyright Litigation Update – June 2022

JD Supra Law

Legal Considerations in Terminating Sublicense Agreements - It is a well-established principle in the United States that a trademark license is terminable at will. Menendez v. Holt, 128 U.S. 514, 524 (1888).

The Law360 400: Tracking The Largest US Law Firms

IP Law 360

As the legal market adjusted to pressures of a global pandemic and saw demand for complex legal services soar, many law firms spent 2021 locked in a fierce war for talent to meet ever-expanding client needs

Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge

JD Supra Law

Federal trademark registration is the Holy Grail for companies, especially franchises, looking to expand their footprint and access a national audience.

Will BigLaw Regret Its Hiring Spree As The Economy Softens?

IP Law 360

The largest 200 law firms in the U.S. boosted their headcount by an average of 5.6% in 2021 — the steepest increase in five years, according to the Law360 400. Here's a look at what those numbers mean and where firms may be headed if the economy slows in the coming year

Law 63

French appeal court SPC decision is good news for biologics innovators

IAM Magazine

Following a string of adverse rulings against inventors, Paris Court of Appeal overturns patent office rejection of supplementary protection certificate on Article 3(a) grounds. Analysis

Proposed PTAB Reforms Adjusted for Bio/Pharma

LexBlog IP

PTAB Reform Act of 2022. Back in September of 2021, the “Restoring the America Invents Act” was released by Senators Leahy (D-VT) and Cornyn (R-TX). The bill sought to reverse virtually every PTAB development of the Iancu administration.

There’s a lot more to GE Licensing than patents, says outfit’s head

IAM Magazine

GE’s Licensing group participates in traditional patent licensing while also exploring new models like equity management. Analysis Interview Patent Pools SEPs

At Federal Circuit, ITC Backs Its E-Cigarette Import Ban

IP Law 360

Lawyers from the U.S. International Trade Commission are telling judges on the Federal Circuit to reject a legal bid by Philip Morris to beat a ban on bringing its IQOS-branded vape products into the U.S. after they were found to be knockoffs.

The numbers show exactly how Alice has rewritten the US patent litigation playbook

IAM Magazine

Docket Navigator data reveals defendants filing a skyrocketing number of Section 101 challenges since the 2014 decision and succeeding, much of the time, very early in cases. Analysis Research

Quick Links from the Past Year, Part 5 (Free Speech)

Technology & Marketing Law Blog

Russia. * NYT : Russia Intensifies Censorship Campaign, Pressuring Tech Giants. The US government should more aggressively condemn “landing laws” as a violation of free speech? Wired : Russia Blocks Facebook and Twitter in a Propaganda Standoff.

French appeal court SPC decision is good news for biologics innovators

IAM Magazine

Following a string of adverse rulings against inventors, Paris Court of Appeal overturns patent office rejection of supplementary protection certificate on Article 3(a) grounds. Analysis

There’s a lot more to GE Licensing than patents, says outfit’s head

IAM Magazine

GE’s Licensing group participates in traditional patent licensing while also exploring new models like equity management. Analysis Interview Patent Pools SEPs