Mon.Jan 24, 2022

The Best Starting Place for People New to Copyright

Plagiarism Today

If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple.

USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

Intellectual Property Law Blog

Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.

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3 Count: Frequent Flyer

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data.

RIAA Discards EFF’s YouTube-DL Letter, Notes That it ‘Regularly Sides With Infringers’

TorrentFreak

Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com, and their Russian operator Tofig Kurbanov.

Music 107

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.

IPO & Harrity Analytics Release List of Top 300 Patent Holders for 2021

JD Supra Law

Last month, the Intellectual Property Owners Association (IPO) and Harrity Analytics announced the release of the 39th annual list of the top 300 organizations receiving U.S. utility patents (see "Top 300 Organizations Granted U.S. Patents in 2021"). Patent Docs readers may recall that the U.S.

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Is Silence Disclosure? The Federal Circuit Clarifies its Position on Negative Claim Limitations

JD Supra Law

In Novartis Pharms. Corp. Accord Healthcare, Inc., 21-1070, slip op. at 7 (Fed. 3, 2022), the defendant posed two distinct written-description challenges to Novartis’s patent claims, regarding (1) a daily dosage of 0.5 mg and (2) “absent an immediately preceding loading dose.”

How to Set Up Your Own Business in India

IP and Legal Filings

INTRODUCTION. A foreign company can set up a business in India under the Companies Act, 2013 as a Wholly Owned Subsidiary, Joint Venture or Associate Company or by setting up a Liaison Office, Project Office, or Branch Office of the foreign Company.

Judge Burke Recommends Grant of Defendants’ Motion for Judgment on the Pleadings in Inventorship Dispute Action

JD Supra Law

In his Report and Recommendation entered in Bear Box LLC et al. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J.

EU General Court upholds finding of partial invalidity of the Moon Boot shape trade mark

The IPKat

Can something be simultaneously iconic and lack distinctiveness under trade mark law?

Patent Benefits: 4 Advantages of Patenting Your IP

IP.com

Patenting an invention is a long, complex, and costly process that might not seem worthwhile, especially for small businesses or entrepreneurs. However, in many cases patents offer benefits that other.

The challenge of patenting combination claims at the EPO

The IPKat

A patent relating to combination claims is the subject of the latest referral to the CJEU on the interpretation of the SPC regulation ( IPKat ).

Art 108

Chegg Denies Infringement Allegations

BYU Copyright Blog

Last year we reported on a lawsuit between Chegg, Inc. Chegg”) and Pearson Education (“Pearson”). Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks.

The Law Bytes Podcast, Episode 114: The Citizen Lab’s Ron Deibert on Protecting Society from Surveillance Software

Michael Geist

The Citizen Lab at the University of Toronto , led by Professor Ron Deibert , has a well-earned reputation for uncovering surveillance technologies and security vulnerabilities with research and reports that attract immediate attention worldwide.

Düsseldorf Regional Court grants second-medical use injunctions for Novartis Afinitor cancer treatment

The IPKat

The AmeriKat is stunned by the number of injunctions being granted in Düsseldorf A recent series of German injunctions (on the merits) granted by the Düsseldorf Regional Court in respect of generic versions of Novartis' Afinitor (everolimus) has been flagged to the AmeriKat's attention by a dear Scottish Kat friend. Why are they of interest?

Deliberately Incorporating IP into Business Strategy

IP.com

Intellectual property is a valuable business asset. As companies incorporate AI and other advanced technologies into their business strategies, as well as look for ways to cut costs in an.

Federal Anti-Monopoly Service comes to the rescue in Russia

Managing IP

Vladimir Biriulin of Gorodissky & Partners discusses a pharmaceutical case in which unfair competition was proved, despite a finding of no patent infringement

Apple/ Ericsson Dueling FRAND Suits Highlight Issues With Recent Proposed Changes in DOJ’s SEP Policies

IP Watchdog

On January 19, consumer tech giant Apple filed a complaint with the U.S.

World's top two laptop/tablet battery makers waging patent battle in China

IAM Magazine

Japan-owned ATL files lawsuits in Fuzhou against Chinese rival Zhuhai CosMX, which says it has enough cash to weather worst-case litigation scenarios. Analysis News Market Developments

How does receiving a PPP Loan impact filing my company’s taxes?

LexBlog IP

Welcome to 2022 tax season! As the vast majority of businesses, small and large, were affected by the COVID-19 pandemic, many companies received support through the Paycheck Protection Program.

Article 17, the year in review (2021 edition)

Kluwer Copyright Blog

At the beginning of 2021, half a year before the implementation deadline of the DSM directive, only a single EU member state (the Netherlands) had passed a full implementation of the DSM directive.

Moderna, Nike and TSMC among pandemic-era outperformers in patent portfolio strength

IAM Magazine

Innovation metric that’s agnostic to patent quantity highlights diverse group of companies that have put distance between themselves and their competition over the past two years. Analysis Research In-house operations

ITC Monthly Wrap-Up: December 2021

JD Supra Law

Unlocking A Public Interest Exemption Based On A Questionnaire - Synopsis: Upon consideration of the public interest factors, the Commission recently allowed the use of a questionnaire to demonstrate a “documented need” for continued importation and sale of an infringing article for a period of one year following entry of its remedial orders.

Law 56

This Week in Washington IP: The Patchwork of State Data Privacy Laws, The Future of Digital Currencies and the TPAC’s Quarterly Meeting

IP Watchdog

This week in Washington IP news, both houses of Congress remain very quiet, as both the Senate and the House of Representatives enter scheduled work periods.

USPTO’s New Deferred Subject Matter Eligibility Response Pilot Program

JD Supra Law

Recently, the U.S.

The USPTO Implements the Trademark Modernization Act: Considerations for Applicants, Brand Owners and Practitioners

GDB Firm Blog

Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use.

Punitive Damages in China

JD Supra Law

Punitive damages refer to the compensation determined by a court in excess of the actual loss of the right owner. In China, in infringement cases, the principle of compensatory damages has always been adopted, which is intended to cover the "actual loss" suffered from the infringement.

Law 52

Rooh Afza vs Dil Afza: Trademark Dispute

Biswajit Sarkar Copyright Blog

Recently, the Delhi High Court in Humdard National Foundation vs Sadar Laboratories refused to give an injunction against the defendant’s trademark ‘Dil Afza’. The case was filed by the plaintiff alleging that the defendant’s trademark is deceptively similar to their trademark ‘Rooh Afza’.

Discovery Request Seeking Deposition Preparation Materials Denied

JD Supra Law

The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting. By: Jones Day

Keeping Up with Information

Velocity of Content

The information deluge is real, says Dr. Tracy Brower. From news media and social media to information from friends, family and work, there is never an absence of opinions or material to consume,” she wrote recently for Forbes. “It It can be hard to tune in without becoming overwhelmed.”.

French IP Law Update – The Delicate Balance between Employers and Inventors: A French Revolution?

JD Supra Law

Counsel from jurisdictions where payments to employee-inventors only arise from contracts or employee incentive programs are sometimes surprised when they first become involved with jurisdictions that have statutory payment schemes for employee-inventors.

Monday Miscellany

The IPKat

Some of us may be counting the days till it's finally spring, but this Kat is still enjoying the wonders of winter. While spring is not here yet, get comfortable with new IP events. A Kat enjoying the wonders of winter.

Written Description Requirement Challenges: Federal Circuit Decision Sheds Light on How Expert Testimony Can Help

JD Supra Law

Earlier this month, in Novartis Pharms. Accord Healthcare, Inc., et al., 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written description requirement.

It’s a Small World in Big Pharma – My Internship at TEVA Canada Ltd.

IPilogue

Vivian Sim is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. I was largely oblivious to the processes of prescription and generic substitution before my internship at Teva Pharmaceuticals.