Erik K Pelton

JULY 20, 2021

Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand. In this episode, Erik explains how this insurance works and why it is so valuable. The post Having Trademark Registration is Like Double Insurance for Your Brand appeared first on Erik M Pelton & Associates, PLLC. Trademark registration can act like fire insurance, smoke detectors, and fire extinguishers to safeguard your brand.

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IPilogue

JULY 20, 2021

Photo Credits: almani ???? ( Unsplash). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Whether or not you’re a biker, you’re likely familiar with the Harley-Davidson brand. Considered the most well-known American motorcycle brand in the world , Harley-Davidson claims to sell more than just bikes—they sell a lifestyle.

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JD Supra Law

JULY 20, 2021

The United States Patent and Trademark Office issued important guidance in the Federal Register on July 1, 2021 regarding ties between the duty of disclosure and enablement. When applying for a patent, an applicant must disclose the invention with sufficient detail to enable one of ordinary skill in the art to be able to make and use the invention without undue experimentation.

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TorrentFreak

JULY 20, 2021

Over the past several years, Russia has introduced various anti-piracy laws and regulations that focus on the role of online intermediaries. App stores are required to take strict action against ‘pirate’ apps, search engines must swiftly block pirate sites, and even VPN services and proxies can be banned. Russia started cracking down on VPNs and anonymizers in 2017 , banning services that allow users to access pirate sites.

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Law Reporting Technology Copyright 100

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

Stock Legal Blog

JULY 20, 2021

It may be hard to believe - but we're seeing more unicorns than ever these days. Not the mythical creature, but startups that have reached billion-dollar valuation. The second quarter of 2021 set the record for most new unicorns at 161, which is more than the number of unicorns in all of 2020. Startups also raised $156 billion last quarter, breaking yet another record.

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IP.com

JULY 20, 2021

Thomson Reuters Practical Law defines a standard essential patent (SEP) as “a patent claiming technology that is essential to an industry standard’s use.” For those of us who are not. The post Standard Essential Patents Explained appeared first on IP.com - IP Innovation and Analytics.

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Patent IP Technology Law 98

Fish & Richardson Trademark & Copyright Thoughts

JULY 20, 2021

Fish & Richardson is pleased to announce that four Minnesota attorneys were recently included in Super Lawyers’ 2021 list of Minnesota Super Lawyers and Rising Stars. . The Super Lawyers and Rising Stars lists are developed through a comprehensive, patented research process that incorporates both peer recognition and professional achievement.

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Patent 93

TorrentFreak

JULY 20, 2021

When football fans choose to watch matches via pirated streams, top-tier football gets nervous. As a result, entities such as the Premier League have expended considerable resources attempting to shut down or otherwise undermine pirate streaming operations. The key weapon of choice is server and IP address blocking. This aims to sever the link between pirate infrastructure and consumers but for that, football entities require cooperation from ISPs.

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Publishing IP Reporting Copyright 88

Patently-O

JULY 20, 2021

by Dennis Crouch. The vast majority of ex parte patent appeals (92%) are focused on obviousness, with 2/3 of those only addressing obviousness questions. It is rare for any other issue to be the sole issue on appeal: 2.5% of appeals solely focus on Section 101; 1% of appeals solely focus on Section 102; 2.2% of appeals solely focus on Section 112 (including 112(a) and 112(b)).

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Patent 94

LexBlog IP

JULY 20, 2021

By: Hannah Norem. After a year-long delay, the 2020—now 2021—Tokyo Olympic Games will begin July 23. However, these Games are incredibly unpopular in Japan, the host nation, and raise public health questions around the world. COVID-19 is still ravaging many parts of the world, and some are concerned about the safety of bringing thousands of athletes together and then sending them back to their home countries.

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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

JULY 20, 2021

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day's Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.

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The Trichordist

JULY 20, 2021

[Anthony Garnier has the honor of being the first commenter in the frozen mechanicals hearing.] July 18, 2021 Via Electronic Delivery Copyright Royalty Judge David R. Strickler Chief Copyright Royalty Judge Jesse M.

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Copyright 60

JD Supra Law

JULY 20, 2021

Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District of California. In fact, the Federal Circuit was so unpersuaded by Bot M8’s arguments that it devoted less than a page of the 25-page opinion to this portion of the appeal.

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Patent 62

LexBlog IP

JULY 20, 2021

On 2 July 2021, a hearing took place at the Federal Court of Australia in Melbourne, before Justice Jonathan Beach, in the matter of Stephen Thaler v Commissioner of Patents. This case concerns the question of whether a patent may be granted for an invention that was devised by a machine, rather than by a human inventor. Back in February, I reported on the refusal by the Australian Patent Office to accept as valid an Australian patent application naming an ‘artificial intelligence’ g

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JD Supra Law

JULY 20, 2021

In Amgen Inc. v. Sanofi, the Federal Circuit held that the use of broad functional claim language raises the bar for enablement. Specifically, the court held that defining an antibody based on binding to a certain protein rather than describing the amino acid sequences was considered functional and required more information to meet the enablement….

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LexBlog IP

JULY 20, 2021

Arthrex Information Updated. The USPTO requested feedback on the interim Director review process and, in response to that feedback, has updated the Arthrex Q&As. In response to questions from the public, the current update revises several existing Q&As and adds new Q&As to clarify certain aspects of the interim Director review process. For example, the current update clarifies information about party requests and explains the process used internally at the Office.

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JD Supra Law

JULY 20, 2021

BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) - In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At issue in the case was Bot M8 LLC’s lawsuit against Sony Corporation of America, alleging infringement of six patents relating to gaming machines.

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Patent Infringement Patent 55

Selvam & Selvam Blog

JULY 20, 2021

In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. It has generated massive revenue streams for search engines offering the service, for instance, Google’s ad revenue amounted to US dollars 146 billion and majority of the advertising revenue came from keyword advertising.

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JD Supra Law

JULY 20, 2021

Keniece Gray, Morrison & Foerster summer associate, co-authored this post. We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on the nomination of Tiffany Cunningham to replace Judge Wallach, and the Senate is expected to vote on her confirmation this afternoon.

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Patent 55

LexBlog IP

JULY 20, 2021

On July 9, President Biden issued an Executive Order regarding competition in various sectors of the United States economy, including the healthcare market. Among the 72 initiatives set forth in the Order are instructions that charge various agencies with tasks to promote generic and biosimilar competition. The Order directs the Food and Drug Administration (“FDA”) to make more transparent the process for approving generic drugs and biosimilars, including clarifying the standards for

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JD Supra Law

JULY 20, 2021

On Friday, July 9, 2021, President Biden released an Executive Order “to promote competition in the American economy” and to “to reduce the trend of corporate consolidation” (the "Order"). As part of this Order, the Biden Administration specifically targets competition in the pharmaceutical industry and sets forth policies to combat the high cost of prescription drugs.

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LexBlog IP

JULY 20, 2021

A lot of attention in any intellectual property case is paid to either the plaintiff or the defendant, or both, and rightfully so: theirs is the dispute at the heart of the case. Far less attention is given to the judges in any of those cases, which again seems as it should be; like a referee or umpire at a sporting event, the job is to adjudicate the action between the two main parties and apply the rules as written, and if you’re becoming a principal actor in the story the chances are yo

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Patent Intellectual Property IP Trademark 52

Likelihood of Confusion

JULY 20, 2021

A report in the online Financial Express says that Nissan is suing Audi over “Q.” To wit: “We are seeking to bar Audi from using any names that could infringe. The post Q the Lawyers appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

JULY 20, 2021

In the much-anticipated Hasbro Inc. v. EUIPO (T-663/19) decision, the General Court of the European Union announced a new approach to evaluating bad faith in trademark filings and signaled a more aggressive stance toward the practice of “evergreening.” The dispute centered on Hasbro’s registered EU trademark (“EUTM”) for the word mark MONOPOLY. Hasbro registered this mark in 2011 in classes 9, 16, 28, and 41, while at the same time owning three existing EUTMs filed in 1998, 2009, and 2010 for.

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IAM Magazine

JULY 20, 2021

Samir Armaly also confirms that split between the company’s product and licensing businesses is on course for the first half of 2022.

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Licensing IP Business Patent 52

JD Supra Law

JULY 20, 2021

On June 29, 2021, the Supreme Court in a 5-4 decision retained the doctrine of assignor estoppel. However, the Court also held that “the Federal Circuit has applied the doctrine too expansively.” Accordingly, the Supreme Court clarified that assignor estoppel bars the assignor of a patent from challenging the validity of that patent only when “the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the patent.”.

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Patent 52

The TTABlog

JULY 20, 2021

The United States District Court for the Northern District of Georgia granted Defendant HMW's motion to stay Primerica's civil action pending resolution of a TTAB cancellation proceeding involving the mark HOW MONEY WORKS for financial services. The TTAB proceeding, commenced by Primerica in August 2019, was entering the trial testimony stage when, in April 2021, Primerica filed its complaint for unfair competition, trademark dilution, and deceptive trade practices.

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JD Supra Law

JULY 20, 2021

Fortress’s Two-Billion Dollar Verdict Against Intel Highlights a Patent Litigation Gold Rush Among Investment Firms - Recent years have seen steady growth in investment firms entering the patent litigation space. Some diversify their investment portfolios with stakes in patent litigations or licensing entities; others direct their entire business toward patent litigation.

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IAM Magazine

JULY 20, 2021

Samir Armaly also confirms that split between the company’s product and licensing businesses is on course for the first half of 2022.

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Licensing IP Business Patent 40

Kluwer Copyright Blog

JULY 20, 2021

Image by Gerd Altmann from Pixabay. In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the European Union (CJEU), the Opinion will be the key to providing a reasonable model to implement and apply this highly contes

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Copyright Settlement Government Copyright Infringement 103

IAM Magazine

JULY 20, 2021

The number and value of acquisitions have both tumbled further than in the early months of 2020.

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IP Licensing Technology Patent 40

Garrigues Blog

JULY 20, 2021

What do the Rolls Royce, Lady Gaga and TikTok trade marks have in common? They all indicate the business origin of the goods and services in connection with which they are used. However, some trade marks –as their owners– are less ‘conventional’ than others. Most marks consist of words or numerals, graphic elements or combinations thereof, but 3D shapes, colours, moving images or sounds, for instance, may also function as trade marks (think of the Vespa motorbike, the Louboutin red soles or Tiff

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IAM Magazine

JULY 20, 2021

The number and value of acquisitions have both tumbled further than in the early months of 2020.

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IP Licensing Technology Patent 40

Technology & Marketing Law Blog

JULY 20, 2021

Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to the Roommates.com denouement ). Post-arbitration, he appealed the district court’s arbitration ruling.

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IP Close Up

JULY 20, 2021

Many of China’s patents are generated by universities as opposed to businesses. In a socialist republic run by a single party that effectively means they Continue reading.

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