Hugh Stephens Blog

DECEMBER 2, 2021

Despite the welcome news that the National Library of New Zealand is reconsidering its badly flawed decision to donate 600,000 surplus books, including many still under copyright, to the controversial US-based Internet Archive for digitization, the National Library of New Zealand and the country’s librarians through the Library and Information Association of New Zealand (LIANZ)–of … Continue reading "Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

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Publishing Copyright 246

Erik K Pelton

DECEMBER 2, 2021

At EMP&A, we love good coffee. And we love coffee brand clients who have great trademarks to protect – a few of which are in the image here. The post Trademark protection: an energizing boost for your brand appeared first on Erik M Pelton & Associates, PLLC.

Branding 147

Branding Brands Branding Trademark 147

TorrentFreak

DECEMBER 2, 2021

To protect copyright holders YouTube uses an advanced piracy recognition system that flags videos or music used on users’ channels without permission. Through this ‘Content ID’ system, infringing content can be removed or monetized by funneling ad revenue to copyright holders, which can be quite lucrative for the rightsholders in question.

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Music Contracts Copyright Publishing 145

The Illusion of More

DECEMBER 2, 2021

As 2021 winds down, and this blog approaches the mid-point of its tenth year, I ask the following question: Can certain folks stop trying to “fix copyright” in deference to the digital age now that the internet experiment has failed? For over twenty years, the principal argument underlying the “copyright is broken” narrative has been […].

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Copyright Blogging Copyright Law Law 120

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

TorrentFreak

DECEMBER 2, 2021

After Jake Paul knocked out Ben Askren in the short-lived main event of a Triller fight card earlier this year, it was no surprise to learn that the event had been heavily pirated online. This lit a fire under Triller Fight Club, which responded with a wave of lawsuits aimed at bringing the perpetrators to justice. One of the company’s targets was Matthew Space , the young operator of the Eclipt Gaming YouTube channel which usually specializes in gaming videos but also uploaded the fight a

Copyright 121

Copyright Copyright Infringement Law 121

IPilogue

DECEMBER 2, 2021

Christian Bekking is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. On June 28, 2021, the College of Patent Agents and Trademark Agents (CPATA) was established and began operating to regulate patent and trademark agents.

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Government Trademark Patent Intellectual Property Law 111

The IP Law Blog

DECEMBER 2, 2021

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this approach and apply the Second Circuit’s “ordinary observer” test instead. In Johannsongs-Publishing, Ltd. v. Lovland , an unpublished opinion issued on November 29, 2021, the Ninth Circuit declined to depart from its precedence and affirmed summary judgment in favor of defen

Copyright Infringement 98

Copyright Infringement Copyright Copying Art 98

JD Supra Law

DECEMBER 2, 2021

Companies spend billions and invest heavily in technologies that offer greater telepresence and enable an individual’s digital life. Will humans interact with each other via avatars in a three-dimensional virtual space? The “Metaverse” has ramifications for everything people do to live, work and play together digitally. Originally published in IP Watchdog - December 1, 2021.

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Publishing IP Technology 102

IP Law 360

DECEMBER 2, 2021

An appeals court ruled on Thursday against a tabloid that printed extracts from a letter Meghan Markle wrote to her estranged father, saying the violation to her privacy was disproportionate to support assertions that she'd sent him a loving message.

Privacy 97

Privacy 97

JD Supra Law

DECEMBER 2, 2021

The Hong Kong Government published a public consultation paper on 24 November 2021 on updating Hong Kong’s copyright law. The main purpose of this consultation is to revisit certain proposed amendments under the previous proposed legislative reform in 2014, as well as to invite comments to other proposed amendments in response to new challenges presented by technological advancements, with the aim of bringing Hong Kong in line with international practices.

Copyright Law 101

Copyright Law Law Copyright Government 101

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

Patently-O

DECEMBER 2, 2021

by Dennis Crouch. Moderna Therapeutics v. Arbutus BioPharma (Fed. Cir. 2021) ( 20-1184 Decision ) ( 20-2329 Decision ). Arbutus owns several patents related to a lipid-based delivery system for nucleic-acid-based treatments. U.S. Patent 8,058,069 and 9,364,435 are the two at issue here. The claims are directed to the creation of a “acid-lipid particle” that includes some RNA along with lipids to stabilize the sequence, including particular percentages of cationic lipids, non-cationi

Patent 97

Patent Licensing Invention Patent Infringement 97

JD Supra Law

DECEMBER 2, 2021

The Court of Appeal (Arnold LJ, Laing LJ and Birss LJ) handed down its judgment in Thaler v Comptroller General of Patents Trade Marks And Designs on 21 September 2021. The court held, with Birss LJ dissenting, that the judge of first instance (Marcus Smith J) was correct in his dismissal of the appeal.

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Designs Design Inventor Patent 98

Patently-O

DECEMBER 2, 2021

Yu v. Apple (Supreme Court 2021). A new petition for certiorari asks the court whether Parker v. Flook , 437 U.S. 584 (1978) is still good law. Quick answer from Crouch: Yes, it is still good law. Flook is a divide-and-conquer case that looks a lot like the Alice test itself. The claims were directed setting of “alarm limits” for a catalytic conversion process and the court identified the only novel feature to be a mathematical formula.

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Law Invention Art Patent 86

JD Supra Law

DECEMBER 2, 2021

As previously reported, McHaffie J. of the Federal Court dismissed an application for judicial review brought by Canada RNA Biochemical (C-RNA), concluding that the Minister of Health (Minister) was reasonable in refusing to grant a Natural Health Product (NHP) licence to C-RNA for its oral lumbrokinase capsules (BOLUOKE): Canada RNA Biochemical Inc v Canada (Health), 2020 FC 668.

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Reporting 98

Nelligan Law

DECEMBER 2, 2021

Reading Time: 2 minutes. On November 30, 2021, the Ontario legislature passed Bill 27, the Working for Workers Act, 2021. One of the most significant aspects of the legislation is the addition of a new Part VII.0.1 to the Employment Standards Act , 2000 ( ESA ), which requires employers to have a policy governing the employees’ right to disconnect from work.

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Copying Government Law Blogging 85

JD Supra Law

DECEMBER 2, 2021

The US Court of Appeals for the Federal Circuit found that a license agreement between two parties required an arbitrator to determine whether a dispute between the parties had to be heard by an arbitrator. ROHM Semiconductor USA, LLC v. MaxPower Semiconductor, Inc., Case No. 21-1709 (Fed. Cir. Nov. 12, 2021) (O’Malley, J.).

Licensing 98

Licensing 98

IP Watchdog

DECEMBER 2, 2021

The U.S. Court of Appeals for the Federal Circuit ruled yesterday in two precedential decisions that Moderna’s challenges to decisions of the Patent Trial and Appeal Board (PTAB) in favor of Arbutus both failed. The CAFC dismissed one ruling for lack of standing and in the other said Moderna’s arguments that the PTAB erred in its finding that Arbutus’ patent was not unpatentable as obvious were unpersuasive.

Patent 73

Patent Patent Infringement Litigation Intellectual Property 73

JD Supra Law

DECEMBER 2, 2021

MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is actually taught by the prior art.

Art 98

Art Patent 98

43(B)log

DECEMBER 2, 2021

Now online at Rebecca Tushnet, 106 Iowa L. Rev. Online 164 (2021) A brief response to Jorge Contreras, Sui-Genericide , 106 Iowa L. Rev. 1041 (2021), centering on genericity as normative construct. [link].

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Law Trademark 72

JD Supra Law

DECEMBER 2, 2021

On August 13, 2021, in a decision that largely flew under antitrust and patent practitioners’ radars, U.S. District Judge Lucy H. Koh mostly denied a motion to dismiss in the alleged “reverse payment” case, In Re Xyrem (Sodium Oxybate) Antitrust Litig.1 In a notable twist, the Court ruled that acceleration clauses, which have the potential to permit generic entry before the allegedly delayed launch date, threatened “profit-crushing competition,” which the Court held to be an anticompetitive.

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Settlement Litigation Patent 98

IP Law 360

DECEMBER 2, 2021

The U.S. International Trade Commission has launched an investigation into a semiconductor manufacturer's allegations that Amazon and a handful of other companies are importing and selling products with circuit chips that infringe on the company's intellectual property.

Intellectual Property 75

Intellectual Property 75

JD Supra Law

DECEMBER 2, 2021

MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to support standing on appeal. Later changes in factual basis cannot support standing where the original basis for standing is not shown to be continuous.

Patent 96

Patent 96

IP Law 360

DECEMBER 2, 2021

A Ninth Circuit panel next week will consider whether a California federal court wrongly certified classes of rock musicians and composers accusing a website of marketing unauthorized recordings of rock concerts. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Music Intellectual Property IP Marketing 75

JD Supra Law

DECEMBER 2, 2021

Tasked with starting an innovation protection and patent development program at your company but do not know where to begin? This three part series describes the key components to a patent development program for any company, small or large. This second installment in the series describes subject matter for educating the innovator technical team tasked with developing or evaluating potential patentable innovations within a company.

Intellectual Property 94

Intellectual Property Patent 94

IP Watchdog

DECEMBER 2, 2021

Yesterday, Senator Thom Tillis (R-NC), the Ranking Member on the Senate IP Subcommittee, wrote to Ambassador Katherine Tai, the United States Trade Representative who is responsible for negotiating an IP Waiver to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement with the World Trade Organization (WTO). This TRIPS IP Waiver is generated by proposals submitted by South Africa and India and seeks the waiver patent and trade secret protections relating to COVID-19 innovati

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IP Intellectual Property Patent Technology 69

IP Law 360

DECEMBER 2, 2021

The owners of a digital camera patent that was invalidated as an abstract idea in a dispute with Apple and Samsung told the U.S. Supreme Court that unless it steps in, "virtually every machine" using processors faces the same fate under the current state of patent eligibility law.

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Law Patent 75

IP Watchdog

DECEMBER 2, 2021

Volpe Koenig is seeking an Intellectual Property Attorney experienced in telecommunications. This full-time, permanent position is located in Philadelphia, PA, however, the option of working remotely is also available. You will help clients better understand the continually changing IP legal landscape and offer proactive intellectual property guidance for growing, protecting, and enforcing valuable IP portfolios.

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IP Intellectual Property Business Patent Prosecution 69

IP Law 360

DECEMBER 2, 2021

An exchange-traded fund focused on the burgeoning digital assets known as non-fungible tokens started trading Thursday, the fund's sponsor, Defiance ETFs, announced.

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Non-Fungible Tokens 75

IP Tech Blog

DECEMBER 2, 2021

A recent High Court decision in the case of Blu-Sky Solutions Limited (“ Blu-Sky ”) v Be Caring Limited (“ BCL ”) has put terms and conditions into the spotlight. The case has highlighted the importance of making sure that any onerous terms in your standard terms and conditions are clearly brought to the attention of the other party if you want to rely on the term.

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Contracts Copying Blogging IP 62

JD Supra Law

DECEMBER 2, 2021

Intellectual Property cases are intricate, highly confidential, massive undertakings. They often involve high-profile parties, source code, and international depositions. This means you need a court reporting agency with solid IP experience.

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Intellectual Property Reporting Confidentiality IP 62

LexBlog IP

DECEMBER 2, 2021

A recent High Court decision in the case of Blu-Sky Solutions Limited (“ Blu-Sky ”) v Be Caring Limited (“ BCL ”) has put terms and conditions into the spotlight. The case has highlighted the importance of making sure that any onerous terms in your standard terms and conditions are clearly brought to the attention of the other party if you want to rely on the term.

Contracts 59

Contracts Copying Technology Intellectual Property 59

JD Supra Law

DECEMBER 2, 2021

TSA’s Infringement: Even with processes as seemingly obvious as loading, conveying, and stacking security trays, entities such as The Transportation Security Administration are subject to U.S. Court of Federal Claims for patent infringement.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Patent Patent Infringement 59

Barry Sookman

DECEMBER 2, 2021

The passage of Bill 64 (the Act to Modernize Legislative Provisions respecting the Protection of Personal Information ) will have major consequences for companies doing business in the province that engage in outsourcing. Outsourcing involving transfers, communications, or disclosures of personal information to third parties (referred to here as “disclosures”) and is extremely common in Quebec and Canada.

Privacy 58

Privacy Law Business 58

JD Supra Law

DECEMBER 2, 2021

Twelve years after the Federal Circuit’s landmark In re Bose decision on fraud, the U.S. Trademark Trial and Appeal Board (“TTAB”) has answered one of the questions not reached by Bose: whether reckless disregard of the truth or falsity of a material statement in a PTO filing satisfies the intent to deceive standard for fraud. In the precedential decision Chutter v.

Trademark 59

Trademark 59

IP Law 360

DECEMBER 2, 2021

U.S. District Judge Alan Albright granted a preliminary injunction blocking a fitness company from selling a neck exercise device, finding Thursday that the company's rival, Gonza, is likely to succeed on its claims that the device rips off its patent.

Patent 52

Patent 52