Plagiarism Today
OCTOBER 7, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Spanish Broadcasting System Keeps $800k Fee Win in Music Copyright Case. First off today, Blake Brittain at Reuters reports that the Second Circuit Court of Appeals has upheld a $845,000 award of attorneys fees and costs to the radio station company Spanish Broadcasting System Inc.
TorrentFreak
OCTOBER 7, 2021
Popular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of sites, some of which provide access to copyright-infringing material. Cloudflare prefers to remain a neutral service provider and doesn’t terminate clients based on DMCA notices.
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The IPKat
OCTOBER 7, 2021
I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article.
IP Watchdog
OCTOBER 7, 2021
American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part of the season. Unfortunately, this year, there’s a monster lurking that creators didn’t manufacture: The American Law Institute’s (ALI’s) Copyright Restatement Project. The ALI is an independent organization that produces and publishes academic papers, including “Restatements of Law”—papers on legal subjects that judges and lawyers can u
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
OCTOBER 7, 2021
In May, Triller filed a lawsuit against the H3 Podcast, claiming that by showing a portion of the Jake Paul vs. Ben Askren fight event on YouTube, the defendants breached the company’s rights. Triller initially alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act.
IPilogue
OCTOBER 7, 2021
“Heritage” by artist Andy Everson of the K’ómoks First Nation. The piece features the majestic Comox Glacier, which overlooks the Comox Valley. The glacier is referred to by the Comox people as “Queneesh”, or white whale, and refers to the creature which tied the early Comox people to their territory during a great flood many of thousands of years ago.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 7, 2021
I have written extensively about the many negative effects of the 2015 IEEE patent policy and it was gratifying to see the US Department of Justice (DOJ) acknowledging these negative effects (p9). In recent months, new data show the IEEE’s 2015 patent policy continues to compromise IEEE-SA standards, reputation, and future, as follows.
The IP Law Blog
OCTOBER 7, 2021
There are many requirements for obtaining a patent. One of those is the written description requirement. Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.
JD Supra Law
OCTOBER 7, 2021
A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4. A year ago, Evel Knievel's son filed the case as head of K&K Promotions, which owns the famous stuntman’s publicity and intellectual property rights.
Velocity of Content
OCTOBER 7, 2021
CCC’s Customer Experience First (CX1 ) program strengthens our team’s commitment to prioritizing our customers in everything we do. While it’s easy to point to our award-winning Customer Service group as proof of this, our dedication to satisfying our customers runs much deeper , and is evid ent in the value of our products and services.
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.
JD Supra Law
OCTOBER 7, 2021
On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that the “clear answer” is no.
IP.com
OCTOBER 7, 2021
Patent search and analysis is an essential part of the innovation process. A thorough look at the relevant prior art can impact how: engineers ideate; R&D teams allocate resources; patent. The post 3 Ways a Free Patent Search Might Cost More in the Long Run appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
OCTOBER 7, 2021
The International Trade Commission can more readily provide injunctive relief against an adjudged infringer than a district court, under appropriate conditions (i.e., with regard to an infringing product or a product made by infringing a claimed method). In September, the Federal Circuit affirmed an exclusion order by the Commission in Jennewein Biotechnologie GmbH v.
The Illusion of More
OCTOBER 7, 2021
In response to the breaking news on Sunday that Facebook’s latest, and perhaps most consequential, leaker identified herself as former employee Frances Haugen, the questions are being asked once again: How much do we blame Facebook, and for what shall it be blamed? For instance, in response to the allegation that the social platform played […].
43(B)log
OCTOBER 7, 2021
Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously , the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead endorsement. (Is that lack of Article III standing? Before TransUnion I would probably have said no, but after TransUnion I’m no longer so sure.
Patently-O
OCTOBER 7, 2021
by Dennis Crouch. Infernal Tech LLC v. Sony Interactive Entertainment LLC (E.D.Tex. 2021). Today’s jury verdict in E.D. Tex. favored the accused infringer Sony. The patentee alleged that Sony’s Spider-Man and God of War games infringed its U.S. Patent Nos. 6,362,822 (claim 1) and 7,061,488 (claims 1, 27, and 50. The jury found, however, that neither game infringed.
U.S. Department of Commerce
OCTOBER 7, 2021
Manufacturing Month 2021: Celebrating Resilient U.S. Manufacturers Like Custom Contract Furnishings in High Point, North Carolina. October 7, 2021. KCPullen@doc.gov. Thu, 10/07/2021 - 09:28. Manufacturing. Photo of a Custom Contract Furnishings (CCF) worker making upholstered seating for the hospitality, health care and senior living industries. . Many U.S. manufacturers responded to the pandemic’s challenges.
The IPKat
OCTOBER 7, 2021
This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Lodewijk is a PhD candidate and affiliated researcher at KU Leuven Centre for IT & IP Law (CiTiP) and a scholarship holder at Max Planck Institute for Innovation and Competition. His main areas of research include law, agricultural policy and international development.
Legal Zoom
OCTOBER 7, 2021
Want to start a business? Most Americans think they'd make great entrepreneurs. But success requires certain skills. Learn what you need to become a business owner.
IP Law 360
OCTOBER 7, 2021
EDITING (Q) -- A Fifth Circuit panel questioned an auto component supplier and a group of technology companies, along with patent-licensing entity Avanci, during oral arguments Thursday about whether the supplier had in fact been offered licenses for standard-essential patents.
JD Supra Law
OCTOBER 7, 2021
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
IP Law 360
OCTOBER 7, 2021
Data analytics company Teradata Corp. will face off against software giant SAP before a California federal judge who will weigh whether Teradata's trade secret misappropriation claims and SAP's patent infringement counterclaims should be trimmed in advance of a jury trial set for next year. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
IP Watchdog
OCTOBER 7, 2021
The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential decision authored by Judge Chen that a non-disclosure agreement’s (NDA’s) forum selection clause barring lawsuits to be brought outside of the New York court system did not apply to inter partes review (IPR) proceedings at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).
IP Law 360
OCTOBER 7, 2021
A recent Federal Circuit decision has highlighted that standards used by juries to decide if patent infringement was willful are different from those used by judges to decide if enhanced damages are warranted, and that the sometimes-conflated concepts require distinct legal inquiries.
IP Watchdog
OCTOBER 7, 2021
Penn State Law, based in University Park, PA, is seeking to hire an experienced legal professional to serve as Director of the Intellectual Property Clinic. This Clinic represents startup and early-stage companies on intellectual property (IP) matters, including patent-related issues. As determined by credentials and experience, the successful applicant may be appointed as an Assistant, Associate, or full Clinical Professor of Law.
IP Law 360
OCTOBER 7, 2021
A skeptical Federal Circuit panel questioned Thursday why Moderna only now is challenging the validity of patents used in the COVID-19 vaccine when it has been licensing the same technology for use in other vaccines for years.
43(B)log
OCTOBER 7, 2021
Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. The watches work and there was nothing wrong with the internet sales of these watches.” How’s this going to go? The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty.
IP Law 360
OCTOBER 7, 2021
Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.
Likelihood of Confusion
OCTOBER 7, 2021
Originally posted on February 8, 2011. I try these days not to blog about blogging, but this item seemed like a good opportunity to depart from the general rule. My. The post Best of 2011: The big guys appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
OCTOBER 7, 2021
An Eastern District of Texas jury on Thursday found that Sony's Playstation console and video games did not infringe two Infernal Technology LLC patents relating to lighting and shadowing techniques in computer graphics.
IP Watchdog
OCTOBER 7, 2021
The third quarter came in like a wrecking ball, with district court patent filings spiking to 121 (roughly double average, driven entirely by a huge 48-complaint dump by IP Edge subsidiaries); Patent Trial and appeal Board (PTAB) filings were steady at 28, all inter partes reviews (IPRs). A pattern seems to be emerging from IP Edge of a spike in settlements and terminations at the end of a fiscal quarter, followed by another round of filings when the next quarter starts.
The IPKat
OCTOBER 7, 2021
Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? In courtrooms across the globe, arguments continue to rage as to the extent of an SEP owner's FRAND undertaking. In exchange for getting their technology incorporated into a standard (meaning that, if essential to the standard, that technology has to be used by users of the standard), SEP owners have to give an undertaking - known as a FRAND undertaking.
JD Supra Law
OCTOBER 7, 2021
The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s dismissal of a plaintiff’s state law claims for violation of her right of publicity. Hepp v. Facebook, Case Nos. 20-2725; – 2885 (3d Cir.
Managing IP
OCTOBER 7, 2021
Counsel at IBM, Siemens and three other companies say the office should expand its list of majors that automatically qualify applicants to sit the patent bar
JD Supra Law
OCTOBER 7, 2021
For the third time in as many months, the US Court of Appeals for the Federal Circuit found clear error in the US District Court for the Western District of Texas’s denial of a defendant’s motion to transfer venue. In re Juniper Networks, Inc., Case No. 21-160 (Fed. Cir. Sept. 24, 2021) (per curiam).
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