Hugh Stephens Blog
APRIL 11, 2022
There it was! The copyright needle in the budget haystack. As plain as day–buried on p. 274 of Canadian Finance Minister Chrystia Freeland’s 280 page 2022 budget under “Other Legislative Measures” along with a grab-bag of about 40 other measures.
Plagiarism Today
APRIL 11, 2022
Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. The portal itself is fairly basic. Users login with their Etsy account and then first register their brand.
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TorrentFreak
APRIL 11, 2022
Indonesia has been very active on the anti-piracy front in recent years, with the government ordering Internet providers to block thousands of pirate sites. The government action began in mid-2009 and at the start of this month, the local blocklist had grown to include over 3,500 domain names. These interventions are cheered on by the Coalition Against Piracy ( CAP ).
Plagiarism Today
APRIL 11, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: National Association Of Realtors Is Fighting A Copyright Ruling On Floor Plans. First off today, Brenda Richardson at Forbes reports that the National Association of Realtors has joined forces with some 18 other real estate-related groups to petition the Supreme Court to overturn an Appeals Court ruling that they feel puts homeowners at risk of burdensome lawsuits.
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?
TorrentFreak
APRIL 11, 2022
Over the past decade, hundreds of pirate streaming sites gained traction as free alternatives to official streaming platforms such as Netflix. In 2013, Afdah.com entered the already crowded market and quickly attracted millions of users tempted by a comprehensive library of copyright-infringing movies. But of course, along with a rise in Afdah’s popularity came increased interest from copyright holders determined to shut down or disrupt the site.
The IPKat
APRIL 11, 2022
The IPKat is pleased to host this guest contribution by Katfriend Marijus Dingilevskis (Ellex), who reports and comments on the recent transposition, by Lithuania, of the DSM Directive [Katposts here ]. Here's what Marijus writes: Lithuania transposes the DSM Directive by Marijus Dingilevskis The Lithuanian Parliament adopted the law implementing the DSM Directive that was published in the Register of Legal Acts on 30 March last.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
APRIL 11, 2022
Last year, the Ninth Circuit issued a confusing ruling in Lemmon v. Snap , holding that Section 230 did not apply to the plaintiffs’ allegations that Snapchat’s speed filter caused a terrible car accident, irrespective of whether or not the users published the speed filter. This ruling preserved Section 230’s applicability if the claim had been based on publishing images or videos with the speed filter.
IPilogue
APRIL 11, 2022
Photo by Milad Fakurian ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM Student at Osgoode Hall Law School. . I attended the Global Online Thesis Topic Meetings (“GOTTMs”) hosted by Leiden University on April 5, 2022. Prof. Dirk Visser of Leiden University moderated this discussion on non-fungible tokens (“NFTs”) and intellectual property (“IP”), which featured three speakers— Richard Lehv , Alexandra Giannopoulou , and Andres Guadamuz —who discussed different aspects of NFTs thro
The Illusion of More
APRIL 11, 2022
This is a response to “Paradise Rejected: A Conversation about AI and Authorship with Dr. Ryan Abbott” hosted by Professor Sandra Aistars at the Center for the Protection of Intellectual Property (CPIP) at George Mason University School of Law. It was first published on the CPIP blog in conjunction with Professor Aistars’s post. On February […].
IP Watchdog
APRIL 11, 2022
This week in Washington IP news, both houses of Congress remain relatively silent during their scheduled work periods. On Thursday, the Information Technology & Innovation Foundation partners with George Washington University’s Regulatory Studies Center to host an all-day conference exploring the potential for the dynamic innovation views espoused by Joseph Schumpeter to make a bigger impact on the current wave of antitrust enforcement against Big Tech.
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JD Supra Law
APRIL 11, 2022
Chief Judge Lynn in the Northern District of Texas recently granted a Rule 12(b)(6) motion to dismiss a complaint alleging patent infringement because the claim-at-issue recites patent-ineligible subject matter under 35 U.S.C. § 101. The patent is directed to transmitting data wirelessly from data sensors. The court found that the claim recites the abstract idea of processing and transmitting data.
Velocity of Content
APRIL 11, 2022
CCC will present a Town Hall discussion via LinkedIn live on 13 April at 11:00 a.m. EDT/16:00 BST that will address the question, “Is your data management program state-of-the-art?”. Presentations from global experts will offer discerning “data directions” forecasts for the research and publishing communities. Speakers include Lars Juhl Jensen, University of Copenhagen ; Jeff Joseph, SIIA ; Jane Reed, Linguamatics ; and Sonia Shaikh, Ph.D., Annenberg School for Communication.
JD Supra Law
APRIL 11, 2022
Moderna has been engaged in a patent dispute with the National Institutes of Health (NIH) over whether three NIH scientists should be named as inventors for discovering the genetic sequence that’s central to the vaccine. As the New York Times reported, The vaccine grew out of a four-year collaboration between Moderna and the N.I.H., the government’s biomedical research agency — a partnership that was widely hailed when the shot was found to be highly effective.
Likelihood of Confusion
APRIL 11, 2022
Demain Anne Hidalgo est sur la Tour pour goûter au vertige du vide! La tour dans ses nvx atours… pic.twitter.com/DU39LzGThR — pierre eric spitz (@sprichtt) October 5, 2014 Just saying: The post Eiffel Tower “copyright”: I didn’t appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
APRIL 11, 2022
The Court of Justice of the European Union (“CJEU”) has recently ruled that the private copying exception contained in the Information Society Directive (the “Directive”) applies to works stored in space made available to users by cloud computing service providers. Fair compensation is due to rightsholders where reproductions of works are made under the private copying exception, and the CJEU has set out a number of expectations for EU Member States in establishing systems for ensuring fair.
Michael Geist
APRIL 11, 2022
Last week, Canadian Heritage Minister Pablo Rodriguez introduced Bill C-18 – the Online News Act – the second of three planned Internet regulation bills. There is much to unpack about the provisions in the bill including the enormous power granted to the CRTC, the extensive scope of the bill that could cover tweets or LinkedIn posts, the provision that encourages the Internet platforms to dictate how Canadian media organizations spend the money at issue, and the principle that news o
Velocity of Content
APRIL 11, 2022
Fraud, plagiarism, misinformation, and misdirection – they are all toxins polluting scholarly publishing like chemicals tainting a water supply. A new journal from faculty and students at George Washington University hopes to provide counteracting doses of probing research and thoughtful analysis. The ambitious goal of the recently launched GW Journal of Ethics in Publishing is to be a platform for unvarnished discussion of the realities of publishing, including diversity and inclusion, acc
IP Law 360
APRIL 11, 2022
A bitter battle between two high-profile lawyer-lobbyists who head competing Washington, D.C., firms with the word "Monument" in their names has landed in federal court, with one seeking an order declaring that it doesn't infringe any trademark owned by its rival.
JD Supra Law
APRIL 11, 2022
Non-fungible tokens (“NFTs”) continue to dominate the crypto-zeitgeist. It is beyond dispute that they are currently a major economic and cultural force. In 2021, sales surged to approximately $25 billion. They have been featured in high profile television commercials during the Olympics and the Super Bowl.
Patently-O
APRIL 11, 2022
by Dennis Crouch. Although Nautilus made it easier for a court to find claim terms indefinite, the Federal Circuit continues indicate that the definiteness test strongly favors validity. In Niazi Licensing Corp. v. St. Jude Medical S.C., Inc. ( Fed. Cir. 2022 ), the court has sided with the patentee–rejecting the district court’s indefiniteness finding.
IP Law 360
APRIL 11, 2022
The Federal Circuit on Monday affirmed the underlying rulings in a trio of cases argued last week, issuing one-line orders refusing to get rid of obviousness-type double patenting doctrine, revive a patent asserted against Dish Network or issue an injunction in a design patent case.
The IPKat
APRIL 11, 2022
While this Kat is already saving space in his stomach for a chocolate feast next Sunday, check the latest news from around the IP blogs. A happy Kat preparing for Easter Across the pond, IPFinance reported that the US Congressional Research Service has released a report for the US Congress concerning the COVID-19 Patent Waiver agreement between the U.S., India, South Africa, and the EU.
IP Law 360
APRIL 11, 2022
The European patent-licensing company Sisvel said Monday that it reached a licensing deal with the Chinese smartphone maker Vivo that will cover over 1,800 patents connected to standards covering 2G, 3G and 4G wireless technology.
IP Tech Blog
APRIL 11, 2022
On March 24, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Hunting Titan, Inc. v. Dynaenergetics Europe GMBH , affirming — on a procedural technicality — a precedential decision of a Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) that granted a motion to amend claims in an inter partes review (IPR) proceeding.
IP Law 360
APRIL 11, 2022
Two California appellate judges told Chinese video game maker NetEase at a hearing Monday that it faced an "uphill battle" challenging Korean rival PUBG Corp.'s preliminary injunction in litigation resulting from claims that two of NetEase's mobile games infringed copyrights and trade dress from PUBG's hit battle royale video game PlayerUnknown's Battlegrounds.
Intepat
APRIL 11, 2022
When you innovate something, your main goal is to either spread the word, obtain profit or sell the product without allowing plagiarism, infringement, or discrediting to occur. This is where patents come into play as it creates a barrier from the competitors. We all know how disappointing it is when someone tries to sell your idea as theirs. With the growth of information technologies as well as knowledge-driven sectors, intangible assets are gaining more value in comparison to physical ones.
IP Law 360
APRIL 11, 2022
Post Malone urged a California federal judge Monday to toss a former collaborator's claim that he is a co-author of the No. 1 hit "Circles," arguing the facts show the plaintiff was just a studio "guest" and not the creative "mastermind" required to be a co-author under Ninth Circuit precedent.
LexBlog IP
APRIL 11, 2022
Background. In 2018, Hunting Titan, Inc. filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,581,422 (“the ’422 patent”), which is owned by DynaEnergetics Europe GmbH, a manufacturer of industrial explosives. In pertinent part, Hunting Titan asserted in its petition that claims 1-15 of the ’422 patent were unpatentable because they were anticipated by U.S.
IP Law 360
APRIL 11, 2022
The solicitor general has told the U.S. Supreme Court it should not entertain PersonalWeb Technologies' attempt to rein in the Federal Circuit's use of a 114-year-old doctrine that barred the software development company from suing Amazon's customers for patent infringement.
JD Supra Law
APRIL 11, 2022
Coming soon, there’s a new, lower cost method for U.S. copyright owners to enforce smaller claims - or for parties accused of infringement who want declarative relief stating they are noninfringing. In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act, 17 U.S.C. § 1502 et seq.
LexBlog IP
APRIL 11, 2022
On March 24, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Hunting Titan, Inc. v. Dynaenergetics Europe GMBH , affirming — on a procedural technicality — a precedential decision of a Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB) that granted a motion to amend claims in an inter partes review (IPR) proceeding.
JD Supra Law
APRIL 11, 2022
A General License issued on March 2, 2022 by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury authorizes "U.S. persons. to pay taxes, fees, or import duties, and purchase or receive permits, licenses, registrations, or certifications" for a limited time when such activities relate to transactions involving the Central Bank of the Russian Federation ("Bank of Russia") and to the extent that such activities would otherwise be prohibited by Directive 4 under.
LexBlog IP
APRIL 11, 2022
Textile industry – Sock woven machinery. The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are here today to talk about the most recent settlement s involving textiles labeled “made from bamboo.” And in homage to bamboo as the world’s fastest-growing plant , we will “stalk up” on blogs for
BYU Copyright Blog
APRIL 11, 2022
We previously reported on a lawsuit between a team of educational textbook publishers "Publishers" and a logistics company. The Publishers claimed that Radius International, Inc. ("Radius") was responsible for the production, maintaining, and distribution of counterfeit textbooks on an international scale.While details are few in its Answer, Radius outright refutes all accusations and argues that it has never “engaged in any activity that infringes –directly, indirectly or vicariously –on the Pl
JIPEL Copyright Blog
APRIL 11, 2022
The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects. The user alters the original works to create a new aesthetic experience and/or meaning.
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