Hugh Stephens Blog
JULY 28, 2023
I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.
JD Supra Law
JULY 28, 2023
In earlier times, the Federal Circuit, responding to efforts by the U.S. Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA. Among other things, that apportionment of responsibilities was reaffirmed, albeit under different procedural circumstances, in the Federal Circuit's decision in
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TorrentFreak
JULY 28, 2023
There are thousands of pirate sites on the Internet but only a few will receive a permanent entry in the history books. That includes Sci-Hub. Founded by Kazakhstani computer programmer Alexandria Elbakyan, the shadow library provides free access to millions of academic publications. As such, it’s an essential tool for less privileged students and researchers around the world.
JD Supra Law
JULY 28, 2023
Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.
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 & Marketing Law Blog
JULY 28, 2023
This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position, pocketing $68M in profits. BBB stockholders sued him for securities law violations. In particular, in response to a negative story about BBB, Cohen tweeted: If you don’t recognize the emoji, it’s the “ full moon face ” emoji.
JD Supra Law
JULY 28, 2023
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
JULY 28, 2023
Unanimously approved by the Chamber of Deputies back in March and then unanimously approved by the Senate earlier this month, Italy’s new anti-piracy law has just been unanimously approved by telecoms regulator AGCOM. In a statement published Thursday, AGCOM welcomed the amendments to Online Copyright Enforcement regulation 680/13/CONS , which concern measures to counter the illegal distribution of live sports streams, as laid out in Resolution 189/23/CONS.
IP Law 360
JULY 28, 2023
A D.C. Circuit panel on Friday denied a trio of challenges to the federal Copyright Royalty Board's latest hike in royalty rates webcasters must pay to play audio recordings, finding SoundExchange and two radio trade groups failed to prove that the board's decision was unreasonable.
JD Supra Law
JULY 28, 2023
Can advertising on Youtube lead to copyright infringement? YouTube, the ubiquitous video-sharing website now owned by Google, has become a launching ground for individuals and businesses seeking to increase their recognition. Many international businesses have used the site as an inexpensive means of international marketing. An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising.
IP Law 360
JULY 28, 2023
The past week in London has seen steel magnate Pramod Mittal face fraud accusations in a claim from Global Steel, collapsed legal expenses insurer Elite sue litigation funder Therium, and Accord Healthcare restart its schizophrenia drug patent battle with Janssen. Here, Law360 looks at these and other new claims in the U.K.
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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.
LexBlog IP
JULY 28, 2023
There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.
Olartemoure Blog
JULY 28, 2023
The Superintendence of Industry and Commerce (SIC), Colombia’s consumer protection authority, has recently imposed a hefty fine of USD 44,925.05 on one of the largest multinational department store chains for failing to meet the established and informed delivery times for consumer purchases. During the 2020 VAT-free days, the company’s failure to comply with the promised delivery times infringed upon consumers’ rights , as outlined by the SIC.
LexBlog IP
JULY 28, 2023
Concernant l’éligibilité des inventions logicielles au système des brevets canadien, le jugement attendu de la Cour Fédérale d’Appel du Canada a été émis le 26 juillet passé On parle ici de l’affaire Canada (Procureur général) c. Benjamin Moore & Co. (2023 CAF 168). Pour ceux qui l’auraient manqué Mon billet de l’an passé résumait les enjeux : depuis plusieurs années, la communauté d
Olartemoure Blog
JULY 28, 2023
In Colombia, the Sole Registry of Bidders (RUP) plays a crucial role in recording legal, financial, and technical information of entities and individuals interested in participating in public procurement processes. Recent confirmation from the Superintendence of Companies and Colombia Compra Eficiente (CCE), the entity overseeing public contracting, sheds light on an exciting opportunity for companies engaged in mergers, spin-offs, and transformation processes.
LexBlog IP
JULY 28, 2023
The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme Court. SDCC filed a Petition for Writ of Certiorari asking the Supreme Court to clarify when courts have jurisdiction to hear invalidity claims in trademark disputes.
Olartemoure Blog
JULY 28, 2023
On July 18, the Spanish competition authority made a significant move by fining Apple and Amazon 194 million euros due to their involvement in restrictive clauses within the distribution contracts for Apple products on Amazon’s Marketplace in Spain. The authority’s investigation revealed that these companies had orchestrated agreements that excluded over 90% of third-party sellers of Apple products, while also limiting advertising space for rival products.
IP Law 360
JULY 28, 2023
A Tennessee federal judge has agreed to toss an author's $1 million copyright suit against Taylor Swift over graphic design elements in a book accompanying the musician's 2019 album "Lover," a day after the writer moved to end the case.
JD Supra Law
JULY 28, 2023
On May 16, 2023, Director Katherine Vidal vacated a portion of a final written decision regarding real parties in interest (“RPIs”) in Unified Patents, LLC v. Memory Web, LLC, IPR2021-01413. Director Vidal held that the Patent Trial and Appeal Board (“PTAB”) improperly determined whether Apple and Samsung were RPIs in addition to Petitioner Unified Patents (“Unified”) in the inter partes review (“IPR”) proceeding.
Patent Trademark Blog
JULY 28, 2023
How do you start using a trademark? It’s not easy to come up with a new name or logo. It seems like more than half of the battle is creating a new trademark that hasn’t already been taken. How do you start using your new mark on your goods or services? Need to file a trademark application or statement of use? Call patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can help register your trademark.
JD Supra Law
JULY 28, 2023
While direct patent infringement is a strict liability offense, liability for inducing another’s infringement requires an element of intent. Specifically, the party accused of inducement must have known of the patent and that the actions it encouraged would result in infringement.
Above the Fold
JULY 28, 2023
After years of owning the trademark registration “Taco Tuesday,” Taco Johns has agreed to drop it after Taco Bell petitioned the U.S. Patent and Trademark Office to have the registration killed due to it being a common phrase. However, Taco Bell didn’t act alone in this fight and enlisted the help of a beloved NBA athlete who also enjoys a good Taco Tuesday.
JD Supra Law
JULY 28, 2023
The recent expansion of the scope and capabilities of generative artificial intelligence (AI) tools and platforms has introduced a number of legal challenges. These challenges can represent a double-edged sword, both for those seeking copyright protection and those accused of copyright infringement involving works and materials created using generative AI tools and platforms.
The IP Law Blog
JULY 28, 2023
There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.
JD Supra Law
JULY 28, 2023
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by your own admission, the technology you’ve created threatens the human race with extinction, there’s bound to be a backlash.
IP Law 360
JULY 28, 2023
There are many ways opposing counsel may use operant conditioning principles, including rewards and punishments, to obtain damaging testimony from your witnesses, so understanding this psychological theory is key, say Steve Wood and Bill Kanasky at Courtroom Sciences.
JD Supra Law
JULY 28, 2023
In a bulletin issued July 24, 2022, focused on Director Review of Patent Trial and Appeal Board (PTAB) decisions in AIA trials, the USPTO also announced the creation of “a new Appeals Review Panel (ARP), which may be convened by the Director sua sponte, to review PTAB ex parte, reexamination, or reissue appeal decisions,” and published a memorandum and updated internal operating procedures pertaining to ex parte appeals.
Selvam & Selvam Blog
JULY 28, 2023
The case involved a dispute between Wipro Enterprises Ltd., the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. The court’s ruling sheds light on the rights and limitations of registered trademark owners and the grounds for seeking relief in cases of similarity between registered marks.
JD Supra Law
JULY 28, 2023
You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we are not referring to the potential “cage match” but to the allegation that Threads (a social media app from Meta) was developed using confidential information and trade secrets known by former Twitter employees and retained in their memory.
The IPKat
JULY 28, 2023
Image via Pixabay Don't worry if you've been too busy enjoying the seaside to stay up-to-date this week. Here’s a brief summary of what you missed from the IPKat. IP Generally Katfriend Alessandro Cerri provided an update on the intellectual property-related aspects of the European Commission's recent communication of its strategy on Web 4.0 and virtual worlds.
JD Supra Law
JULY 28, 2023
In an ANDA case in the District of Delaware, the court has rejected an obviousness challenge to a patented method of increasing survival in patients having prostate cancer. The court found that early clinical trial results and an ongoing Phase III study provided “hope” that the method would work, but not a reasonable expectation of success.
Managing IP
JULY 28, 2023
Counsel plan to request director reviews of PTAB institution decisions, where necessary, and praise the retirement of a previous process
JD Supra Law
JULY 28, 2023
There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.
LexBlog IP
JULY 28, 2023
On July 19 and 20, 2023, the PTAB granted institution of IPR2023-00442 , filed by Samsung Bioepis regarding Regeneron’s Patent No. 10,130,681 which is directed to treating angiogenic eye disorders with alibercept, and institution of IPR2023-00462 , filed by Celltrion regarding Regeneron’s Patent No. 10,464,992 which is directed to formulations of VEGF antagonists including aflibercept.
JD Supra Law
JULY 28, 2023
The US Patent and Trademark Office (USPTO) recently issued an update to its procedures for interim Director Review (DR) of decisions by the Patent Trial and Appeal Board (PTAB), evidencing USPTO Director Kathi Vidal’s efforts to formalize the process and procedures for conducting DRs following the US Supreme Court’s Arthrex decision.
IP Law 360
JULY 28, 2023
A Colorado biotech company that researches and makes hemp-derived clinical products is suing its former chief science officer, alleging he stole its intellectual property and filed a patent for his own business during his tenure.
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