Thu.Dec 02, 2021

Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

Hugh Stephens Blog

U.S. Indicts Two Men for Running a $20 Million YouTube Content ID Scam

TorrentFreak

To protect copyright holders YouTube uses an advanced piracy recognition system that flags videos or music used on users’ channels without permission.

Music 113
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Trademark protection: an energizing boost for your brand

Erik K Pelton

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

Name, Image, and Likeness: Five Months into the NCAA’s New Frontier

JD Supra Law

Five months into the NCAA interim policy allowing amateur athletes to profit from their name, image, and likeness, here is what institutions, athletes, parents, personal representatives, and brands need to know. By: Blank Rome LLP

Court Enjoins Texas’ Attempt to Censor Social Media, and the Opinion Is a Major Development in Internet Law–NetChoice v. Paxton

Technology & Marketing Law Blog

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The Texas law emulated a similar Florida censorship law. In June, a Florida district court enjoined based on the First Amendment and Section 230.

Live, Work and Play in a Legal Metaverse: Preparing for a New Online Existence

JD Supra Law

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?

Hollywood & Netflix Demand Millions From Pirate Streaming Giant PrimeWire

TorrentFreak

Over the years and due to their popularity and resilience, a number of pirate sites have become household names. The Pirate Bay is perhaps the most obvious example in the torrent space along with competitors RARBG and 1337x.

More Trending

Triller Celebrates Win Over Pirate YouTuber But Judge Slashes Damages

TorrentFreak

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.

Thaler v Comptroller General of Patents, Trade Marks and Designs: Court of Appeal Judgment on Machine Inventors

JD Supra Law

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.

COVID Patents at the Federal Circuit (Moderna Loses)

Patently-O

by Dennis Crouch. Moderna Therapeutics v. Arbutus BioPharma (Fed. 2021) ( 20-1184 Decision ) ( 20-2329 Decision ). Arbutus owns several patents related to a lipid-based delivery system for nucleic-acid-based treatments. Patent 8,058,069 and 9,364,435 are the two at issue here.

Federal Court of Appeal upholds Minister of Health’s refusal to grant NHP licence for BOLUOKE

JD Supra Law

As previously reported, McHaffie J.

Question Presented: Is Parker v. Flook Still Good Law?

Patently-O

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.

Dispute on Arbitrability Needs an Arbitrator

JD Supra Law

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.

Tillis and Other Senate Republicans Bristle at Biden’s Nomination of Gigi Sohn to the FCC

IP Watchdog

On November 30, Senator Thom Tillis (R-NC) wrote a letter addressed to President Joe Biden asking Biden to withdraw the nomination of Gigi Sohn, a co-founder of the open Internet advocacy group Public Knowledge, to serve as a commissioner with the Federal Communications Commission (FCC).

Music 97

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive

JD Supra Law

MODERNATX, INC. 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. By: Knobbe Martens

Art 82

Employees’ “right to disconnect” is here

Nelligan Law

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

Xryem: Pharmaceutical Settlement Acceleration Clause Found Anticompetitive Due To Risk Of “Profit Crushing Competition”

JD Supra Law

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

Self-Regulation Through Sui-Genericide: When the Law Stands in the Way

43(B)log

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

Law 65

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

JD Supra Law

MODERNATX, INC. 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.

Let’s Stop “Fixing Copyright” for the Sake of our Digital Future

The Illusion of More

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?

PATENT 101: Key Considerations and Activities for Establishing a Patent Program (Part 2 of 3)

JD Supra Law

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.

Tabloid Loses Appeal In Markle's Letter Privacy Suit

IP Law 360

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

Choosing the Right Reporting Agency for your Intellectual Property Case

JD Supra Law

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. By: Planet Depos, LLC

Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

The IP Law Blog

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.

TSA Infringed on a Florida Company’s Patent Resulting in a Nine Figure Verdict

JD Supra Law

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. By: Caldwell Intellectual Property Law

The Government of Canada establishes the College of Patent Agents and Trademark Agents

IPilogue

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.

TTAB Rules That Reckless Disregard Satisfies the Intent to Deceive Standard for Fraud

JD Supra Law

Twelve years after the Federal Circuit’s landmark In re Bose decision on fraud, the U.S.

Come One, Come All: Registration for the 2022 SelectUSA Investment Summit is Now Open!

U.S. Department of Commerce

Come One, Come All: Registration for the 2022 SelectUSA Investment Summit is Now Open! December 2, 2021. KCPullen@doc.gov. Thu, 12/02/2021 - 12:16. Export and investment promotion. Post by. Gina M. Raimondo.

Intellectual Property Considerations in the Growing Renewable Energy Decommissioning Industry

JD Supra Law

An eye towards sustainability has always been at the forefront of the renewable energy industry, but in many cases, technology was not able to catch up to the good intentions of the industry until recently. By: Lewis Roca

Moderna Strikes Out at CAFC on Challenges to Arbutus Patents that May Pose a Risk to COVID Vaccines

IP Watchdog

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.

Big Little Lies: Guidelines for Challenging Trademark Acquired Distinctiveness Claims

JD Supra Law

For the second time, the US Court of Appeals for the Federal Circuit examined the standard for demonstrating fraud in a party’s claim of a trademark’s acquired distinctiveness for purposes of registration under Section 2(f) of the Lanham Act.

ITC To Probe Integrated Circuit Import Claims Against Amazon

IP Law 360

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

The Freedom of Information Act’s “Confidentiality” Exception

JD Supra Law

We frequently utilize the Freedom of Information Act (“FOIA”) as a tool for our clients. The FOIA, subject to several exceptions and exclusions, generally provides that any person has the right to request access to federal agency records or information.

IP Forecast: 9th Circ. To Eye Class Cert. In Rock Music Fight

IP Law 360

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

The CH Trade Secrets Review: Confidentiality of Precise Information Is Not Vitiated by Public Disclosure of More General Details, Supporting a Preliminary Injunction

JD Supra Law

Tillis Pushes Tai Again on TRIPS IP Waiver Proposal, as South Africa Asks to Delay Delivery of Vaccines

IP Watchdog

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).

IP 63

Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

JD Supra Law

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.