Plagiarism Today
AUGUST 2, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. First off today, Blake Brittain at Reuters reports that U.S. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law.
Erik K Pelton
AUGUST 2, 2021
Trademark registration guards a brand in the USPTO database 24 / 7/ 365 when other people are research new brand name possibilities, and when examiner are reviewing new trademark applications for possible conflicts. This is a tremendous benefit and value – just one of many that comes with trademark registration. For more PELTONISMS®, see: [link].
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Technology & Marketing Law Blog
AUGUST 2, 2021
I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. [The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.
IP Watchdog
AUGUST 2, 2021
With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has a new partner. Primary Wave, whose catalog includes songs by Nirvana, Bob Marley, Ray Charles and Smokey Robinson, has taken a roughly 50% stake in Prince’s estate, buying out the interests of three of the late musician’s siblings.
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?
The IPKat
AUGUST 2, 2021
Kat friend Francisco Martínez summarizes the main points of the Bitcoin law recently enacted in El Salvador. On June 8, 2021, the Legislative Assembly of El Salvador adopted the Bitcoin Law, which will enter into force on September 9, 2021. The law aims to promote economic growth for the country and to facilitate greater financial inclusion of its population, 70% of which does not have access to traditional financial services.
IP Watchdog
AUGUST 2, 2021
The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. 2019363177 did not comply with reg 3.2C(2)(aa) of the Patents Regulations 1991 (Cth), which “requires that the applicant, who in this case is Dr Stephen Thale
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
AUGUST 2, 2021
This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121. We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S. Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.
TorrentFreak
AUGUST 2, 2021
Two years ago Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. The ISP disagreed with the verdict and filed an appeal. In its opening brief , filed at the Court of Appeals for the Fourth Circuit last May, Cox argued that it’s incorrectly being held liable for pirating
SpicyIP
AUGUST 2, 2021
Topical Highlight. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. In a guest post , Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. He notes the list of recommendations in the Report while highlighting the pro-industry nature of the same.
JD Supra Law
AUGUST 2, 2021
Latham & Watkins lawyers discuss the emerging technology of non-fungible tokens (NFTs), including how they function and their various legal implications in the US, UK, and APAC. Topics: • Understanding NFTs and their mechanics • Intellectual property implications of NFTs linked to digital media • Regulatory and securities implications of NFTs • Global considerations across the US, UK, and APAC Speakers: Todd Beauchamp, Partner, Washington, D.C.
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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.
Velocity of Content
AUGUST 2, 2021
Whether working at a large, established enterprise or a fast-growing start up, it’s common today for corporat e information professionals to be solo, or one of a few, library resources within an organization. While the cost of library resources increases year over year, library budgets are flat or decreasing. This often means that staff is the first to get cut, as librarians do not want to sacrifice high quality resources researchers rely on to advance innovation.
JD Supra Law
AUGUST 2, 2021
To determine which computer program elements are copyrightable, the federal courts (which have exclusive jurisdiction over US copyright cases) commonly identify and analyze each of the program’s literal and non-literal elements under one of three principal tests: By: Kidon IP
IP Watchdog
AUGUST 2, 2021
This week in Washington IP news, the House of Representatives remains quiet as it enters a scheduled district work period. However, several Senate committees will host hearings and business meetings, including the Senate Energy Committee which will discuss pending nominations to important science roles within the U.S. Department of Energy, and the Senate Homeland Security Committee which will explore several bills related to artificial intelligence and cybersecurity matters.
JD Supra Law
AUGUST 2, 2021
With reports of a continued increase in the volume of mergers and acquisitions—a growth of nearly 160% in just the first half of 2021 alone—and no signs of a slowdown, it remains important for companies and investors to consider the scope of IP diligence appropriate for their targets, and how representation and warranty insurance (RWI) may affect the diligence effort.
IP.com
AUGUST 2, 2021
Real innovation—the kind that changes not only your business but your entire industry—goes beyond “basic, exploratory R&D.” Incremental research and development alone is not enough for success. Rather, innovation (and. The post Finding the Novel Ideas Your Organization Needs for Real Innovation appeared first on IP.com - IP Innovation and Analytics.
JD Supra Law
AUGUST 2, 2021
On July 28, 2021, the Food and Drug Administration (FDA) approved the first interchangeable biosimilar product, Semglee (insulin glargine-yfgn), as a diabetes treatment. Semglee is both biosimilar to and interchangeable with Lantus (insulin glargine), a long-acting insulin analog.
Copyright Lately
AUGUST 2, 2021
Instagram fights a class action in California, while a New York court rejects a settled embedding defense. Is it time to think about life after the server test? With the dog days of summer squarely upon us, you’d be forgiven for missing the bicoastal battle that’s been brewing over the legality of Instagram embedding. But don’t worry; the only thing at stake is the internet as we know it.
JD Supra Law
AUGUST 2, 2021
Now that it’s been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what’s happening post-Arthrex. As many readers probably saw, the PTO quickly issued guidance for parties who wish to seek Director (or right now, Acting Director) review under Arthrex.
Fish & Richardson Trademark & Copyright Thoughts
AUGUST 2, 2021
This month’s EDTX & NDTX Wrap-Up summarizes two decisions from the Eastern District of Texas that issued in late June and in July. In the first decision, Judge Schroeder addresses the scope of IPR estoppel related to system art. In the second decision, Judge Gilstrap rules on a motion to dismiss for lack of subject matter and personal jurisdiction and a motion to transfer for convenience.
JD Supra Law
AUGUST 2, 2021
On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC) reconsideration decision on the quantum of damages owed by Apotex for its infringement of eight Eli Lilly process patents related to the antibiotic cefaclor: Apotex Inc. v. Eli Lilly and Company, 2021 FCA 149. Background - The initial FC decision awarding Lilly roughly $31M in damages and $75M in prejudgment interest was overturned on appeal.
Patently-O
AUGUST 2, 2021
by Dennis Crouch. The Federal Circuit has decided an important employment agreement case. Omni MedSci v. Apple (Fed. Cir. 2021). Dr. Islam is a professor at Michigan (UM). Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni.
Legal Zoom
AUGUST 2, 2021
The path to business ownership is rarely a straight one. But as the story of twin chiropractors shows, necessity can act as a springboard to destiny.
Patently-O
AUGUST 2, 2021
by Dennis Crouch. In re HULU, LLC ( Fed. Cir. 2021 ). Sito Mobile (SITO) sued Hulu in the Western District of Texas (Waco), alleging infringement of seven of its patents. U.S. Patent Nos. 8,825,887; 9,026,673; 9,135,635; 9,135,636; 9,591,360; 10,009,637; and 10,171,846. Both SITO and Hulu are Delaware companies with Hulu headquartered Santa Monica and SITO in New Jersey (although SITO is currently going through Chapter 11 reorganization bankruptcy).
IP Law 360
AUGUST 2, 2021
The effort underway to revise Federal Rule of Evidence 702 is an unnecessary repudiation of the Daubert standard for admissibility of expert testimony — a change that would thrust judges into the role of juries and disproportionately affect plaintiffs, says Susan Steinman at American Association for Justice.
IPilogue
AUGUST 2, 2021
Photo Credits: BP Miller ( Unsplash). Tugce Kucukali is an IPilogue Writer and incoming LL.M. Candidate at University of British Columbia. . European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. .
JD Supra Law
AUGUST 2, 2021
Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for the third installment of their podcast series on strategy, trends, and other happenings at the PTAB. Moderated by Troutman Pepper Partner Maia Harris, this episode features Troutman Pepper Partner Andrew Zappia and Associate Christina Shifton, who discuss real parties in interest as it relates to inter partes review.
LexBlog IP
AUGUST 2, 2021
Director Adopts Panel Opinion. A few weeks back, I explained that the new Arthrex rehearing option— to the Director of the USPTO —was a non-event for practitioners. Reason being, the Director cannot just unilaterally reverse decisions “just because” he/she likes or dislikes patents. Of course, any such decision would be reviewable on appeal by the Federal Circuit.
Indiana Intellectual Property Law
AUGUST 2, 2021
New Albany, Indiana – Chief Judge Tanya Walton Pratt for the Southern District of Indiana dismissed a patent infringement suit filed by Plaintiff, Eddie M. Green, Jr. (“Green”) in March 2020 for lack of personal jurisdiction. Green, who claimed Defendants, Ara Yavruyan and Chain Vault Inc., infringed on his U.S. Patent No. 9,940,796 for the “Yellow Fellow Safety Sign” filed his pro se Complaint in the Southern District of Indiana although he noted a California address for the Defendants.
LexBlog IP
AUGUST 2, 2021
By: Charles Jenkins. Special Purpose Acquisition Companies (“SPACs”) have become one of Wall Street’s most favored investment vehicles. In the first half of 2021, there has already been an unprecedented number of SPACs formed. These investment vehicles offer private companies a faster way to go public by avoiding the lengthy and cumbersome process of a traditional initial public offering (“IPO”).
Likelihood of Confusion
AUGUST 2, 2021
Forbes.com lays out the case for patent reform, the way we “soft IP” guys like it — in pictures. Originally posted 2008-03-11 23:12:35. Republished by Blog Post Promoter. The post Prepothterouth Patentth appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
AUGUST 2, 2021
The Office of Civil Rights (OCR) of the U.S. Department of Health & Human Services recently issued its Summer 2021 Cybersecurity Newsletter , which focuses on controlling access to electronic PHI (ePHI) and the HIPAA Security Rule standards. Citing to a recent report of security incidents and data breaches in the healthcare sector, OCR noted that 61 percent of analyzed data breaches were perpetrated by external threat actors and 39 percent by insiders.
JD Supra Law
AUGUST 2, 2021
On May 26, 2021, the United States District Court for the Western District of Washington denied both defendant Valve Corporation’s (“Valve”) motion for judgment as a matter of law or a new trial, and plaintiff Ironburg Inventions Ltd.’s (“Ironburg”) motion for enhanced treble damages pursuant to 35 U.S.C.….
LexBlog IP
AUGUST 2, 2021
Episode 7 of Fairly Competing is out, and it’s a wrap up of our previous episode, Trade Secret Roundtable on Developments and Emerging Issues , a program presented by NERA Economic Consulting. As you will remember, Ben Fink , Russell Beck , and I were panelists, along with Dr. Stephanie Demperio and Vicki Cundiff. The program covers emerging issues in trade secrets litigation, including what satisfies the reasonable efforts requirement; considerations in early case assessment, including wh
JD Supra Law
AUGUST 2, 2021
[co-author: Jay Bober, Summer Associate] The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we provide: - A brief update on Arthrex and the impact it has had on pending PTAB appeals in which an Appointments Clause challenge had been raised; - We present a guide for how a.
Velocity of Content
AUGUST 2, 2021
20 years ago, publishers and the WHO collaborated to provide subsidized access to health research around the globe. In 2021, Research4Life manages one of the world’s largest collections of research in science, agriculture and the environment. Next, Research4Life plans a push for access to publishing too. “We set up a task force last year to look at ways in which Research4Life can provide support not just in the context of access to knowledge, but also access to publishing opportunity – to pr
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