TorrentFreak

SEPTEMBER 3, 2021

Earlier this year a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered releases of GTA 3 and Vice City. The code meant that these old but well-loved games could be enjoyed with significant improvements but the fun wasn’t to last for long. In response to the projects, Take-Two and Rockstar Games filed a DMCA notice at Github where the code was stored, requesting the removal of the ‘re3’ and ‘

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Copyright Infringement Copying Copyright Copyright Law 140

The IPKat

SEPTEMBER 3, 2021

This year marks the 10th anniversary of the Court of Justice’s (CJEU) landmark judgment in Pepsico v Grupo Promer Mon Graphic ( C-281/10P ). In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

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TorrentFreak

SEPTEMBER 3, 2021

In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy. This includes the Copyright Directive which passed in 2019 as well as the Digital Services Act , which was officially unveiled last December. These changes have been spurred on by major copyright holders, who have long called for stricter enforcement of pirated content online.

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JD Supra Law

SEPTEMBER 3, 2021

The No Password Required Podcast is dedicated to introducing and celebrating the practitioners, leaders, researchers, and individuals who are shaping the cybersecurity industry. Join us for an in-depth conversation that explores our guests' personalities, expertise, and the path that led them into cybersecurity. The team also discusses current cyber threats and readiness tips for security professionals and business leaders alike.

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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?

Technology

IPilogue

SEPTEMBER 3, 2021

Photo by Yuyeung Lau (Unsplash). Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Artificial intelligence (“AI”) is always popping in and outside of our news feeds. A prime example is Tesla’s newly announced AI-powered robot, the “Optimus”. Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers.

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JD Supra Law

SEPTEMBER 3, 2021

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.

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JD Supra Law

SEPTEMBER 3, 2021

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff prevailed by pursuing alternative liability theories, which was important because the jury found that the protected information did not meet the statutory definition of a "trade secret.".

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Confidentiality 98

Patently-O

SEPTEMBER 3, 2021

E.D. Va. Judge Brinkema sides with USPTO — holding that the Patent Act’s use of the term “individual” is limited to a human person — and thus that only humans can be inventors. Read the decision here: Thayler v. USPTO AI patent Decision.

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Patent Inventor 101

JD Supra Law

SEPTEMBER 3, 2021

Around the world businesses have become more aware of the value and benefits of a U.S. trademark registration, particularly in view of the increase in e-commerce resulting from the COVID-19 pandemic. The importance of a U.S. trademark registration has caused a large uptick in trademark filings over the past year. As reported by the United States Patent Office (USPTO) as of June 17, 2021 there was a 63 percent increase over the previous year in trademark applications from both U.S. and foreign.

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Trademark Registration Reporting Business 97

IP Law 360

SEPTEMBER 3, 2021

This past week in London has seen Kazakh mining company ENRC file libel lawsuits over a 2020 book, the Solicitors Regulation Authority take action against a human rights lawyer and London's police force facing an unfair contract procurement claim.

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Litigation Contracts 86

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.

Patent

JD Supra Law

SEPTEMBER 3, 2021

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”.

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IP Law 360

SEPTEMBER 3, 2021

Snell & Wilmer LLP has added a patent lawyer from Eversheds Sutherland to the firm's recently expanded San Diego office.

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IP Patent 98

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. CLS Bank. However, responding to these rejections when they are issued still requires some finesse. In these cases, rejections usually revolve around whether the hardware included in the claims serves as an improvement over existing hardware or is merely used as a tool for a ment

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Technology Invention Patent Drafting Patent Prosecution 69

IP Law 360

SEPTEMBER 3, 2021

The U.S. Copyright Office has laid out how much time it's proposing to give the recently created Copyright Claims Board to let libraries, archives and class action litigants opt out of cases set in front of the board, which will hear low-dollar value copyright disputes.

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Copyright Litigation 74

JD Supra Law

SEPTEMBER 3, 2021

- "Whose job is in Jeopardy?" Mike Richards may be an appropriate answer. Sony announces that he will be dropped as Executive Producer of the program on the tails of stepping down as a host. He joins a number of celebrities who have made similar exits from their posts as a result of questionable past actions and comments. The iconic gameshow continues its search to replace Alex Trebek.

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IP Law 360

SEPTEMBER 3, 2021

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a Unilever subsidiary is going after a trademark application for "S'Moresicle," citing its own registrations for the Popsicle, Creamsicle and other frozen desserts — plus four other cases you need to know.

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Branding Brands Branding Registration 68

43(B)log

SEPTEMBER 3, 2021

Goodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. Colo. Jun. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. “Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.

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Contracts Advertising Advertising Licensing 59

Larson & Larson

SEPTEMBER 3, 2021

Intellectual property is often traced back to the creativity of humankind. Therefore, they make good their imagination through invention, designs and symbols and all artistic and literary works. Such creations of the human mind-commonly referred to as intellectual property- have found protection under the law- what is otherwise known as intellectual property law.

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Intellectual Property Intellectual Property Law IP Copyright 59

JD Supra Law

SEPTEMBER 3, 2021

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on the registrations. A copyright registration certificate is invalid if the registrant obtained it via the submission of false information that, if known to be false, would have resulted in a refusal to register. 17 U.S.C. §411(b)(2) requires that “the court shall request th

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Registration Designs Design Publishing 55

Patently-O

SEPTEMBER 3, 2021

Cool upcoming event in Salt Lake City. See you there in a few weeks! Sept 24-25, 2021. Elevate your Prosecution.

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Patent Prosecution Patent 69

JD Supra Law

SEPTEMBER 3, 2021

Recently, the Supreme Court received two petitions for writ of certiorari challenging the NHK-Fintiv rule. The PTAB applies the NHK-Fintiv rule when deciding whether to grant institution of an inter partes review. The two petitioners, Apple and Mylan, seek to challenge both the lawfulness of the NHK-Fintiv rule and the Federal Circuit’s contention that it lacks the jurisdiction to review Board denials made under the NHK-Fintiv rule.

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Law 55

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 3, 2021

The strength of a company’s intellectual property (IP) is a critical factor in determining its value. Because of the enormous upfront expenditures required to develop a product in pharmaceutical, biotechnology, and other life sciences industries, IP protection often forms the basis for long-term success. These companies must invest in a comprehensive IP protection strategy throughout the product life cycle to deliver the value necessary to raise investment funds, collaborate with partners, seek

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Intellectual Property IP Marketing Marketing 52

JD Supra Law

SEPTEMBER 3, 2021

In dem bereits lange währenden und kontrovers geführten Streit rund um die Benutzung der nationalen Wortmarke „Black Friday“ stellt der Zurückweisungsbeschluss des Bundesgerichtshofes gegen die Rechtsbeschwerde gegen den Beschluss des Bundespatentgerichtes vom 28.2.2020 einen erneuten Etappensieg für die Händler dar. Damit erlangt der Beschluss des BPatG Rechtskraft, in dem das Gericht die Löschung der Marke für Einzelhandelsdienstleistungen für Elektro- und Elektronikwaren bestätigt hatte.

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IAM Magazine

SEPTEMBER 3, 2021

Saturday Opinion: North Carolina’s Abusive Patent Assertions Act survived a constitutional challenge this week because it puts focus where it should be – on bad faith behaviour, not business structure.

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JD Supra Law

SEPTEMBER 3, 2021

After an inter partes review (“IPR”) is instituted, a patent owner may move to amend challenged claims to overcome the prior art. However, there are also alternative paths to amending claims over the prior art even after an IPR has been instituted. For example, the US Patent & Trademark Office (Office) has itself explained that a patent owner may file a reissue application or a request for ex parte reexamination.

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Intellectual Property Art Patent Trademark 52

IP Law 360

SEPTEMBER 3, 2021

LG Electronics Inc. wants the full Federal Circuit to review whether it can exceed a 30-day statutory limit on interlocutory appeals, saying a three-judge panel missed the mark in determining its appeal of post-trial motions in a suit over a Mondis video display was untimely.

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JD Supra Law

SEPTEMBER 3, 2021

In Seabed Geosolutions (US) Inc. v. Magseis FF LLC, the Federal Circuit vacated and remanded an inter partes review decision for the Patent Owner. The Court held that the Patent Trial and Review Board failed to perform the proper claim construction when the Board unnecessarily relied on extrinsic evidence that contradicted the intrinsic record. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Patent 52

IP Blog

SEPTEMBER 3, 2021

In this day and age, so much of our professional and personal life exists on the internet. This has become especially true over the last half-dozen years — and with much of the world at home during the COVID-19 pandemic, the internet was the conduit through which we stayed connected to family, friends and colleagues.

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IP Patent 52

JD Supra Law

SEPTEMBER 3, 2021

As with utility patents, a patentee can counter obviousness of a patented design by producing objective evidence that the design was non-obvious, like commercial success, copying, etc. But to be persuasive, a nexus must exist between that evidence and the design’s merits. .

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Designs Design Design Patent Patent 52

LexBlog IP

SEPTEMBER 3, 2021

Recently, the Supreme Court received two petitions for writ of certiorari challenging the NHK-Fintiv rule. The PTAB applies the NHK-Fintiv rule when deciding whether to grant institution of an inter partes review. The two petitioners, Apple and Mylan, seek to challenge both the lawfulness of the NHK-Fintiv rule and the Federal Circuit’s contention that it lacks the jurisdiction to review Board denials made under the NHK-Fintiv rule.

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Litigation Invention Trademark Patent 52

Indiana Intellectual Property Law

SEPTEMBER 3, 2021

The U.S. Patent Office issued the following 188 patent registrations to persons and businesses in Indiana in August 2021, based on applications filed by Indiana Patent attorneys: Patent No. Title. 1. D0929,546. Faucet spout. 2. D0929,545. Faucet. 3. 11,107,702. Method for creating through-connected vias and conductors on a substrate. 4. 11,107,274. Methods of processing three dimensional models. 5. 11,107,179.

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IP and Legal Filings

SEPTEMBER 3, 2021

Today, business and commercial environments are evolving at a rapid rate. To ensure consumer loyalty and profitability, companies strive to remain as unique and inimitable as possible. As a result, companies have begun to strategize their business models in a manner that would boost their goodwill, reputation and authenticity. Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material.

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Larson & Larson

SEPTEMBER 3, 2021

One of the fundamental things to note when it comes to intellectual property rights is that the IP holder bears the burden of enforcing their rights. This means that you are tasked with identifying any infringement as well as taking measures to prevent continuous infringement of your IP. That said, the government, through the courts and other agencies, can facilitate the enforcement of your right.

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JD Supra Law

SEPTEMBER 3, 2021

In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law. However, in Berkheimer v. HP, the Court of Appeals for the Federal Circuit indicated that in certain instances, the determination of patent eligibility under § 101 involves questions of fact and thus are questions for juries.

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Patent Law 52

IAM Magazine

SEPTEMBER 3, 2021

Acting head Drew Hirshfeld says he’s focused on doing the best job possible, but some fear that without a permanent political appointee the agency could be hamstrung.

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Designs Design Law Trademark 52