Plagiarism Today
MAY 4, 2023
A jury has found in favor of Ed Sheeran in the Thinking Out Loud lawsuit. Here's why he likely won and what it means for other cases. The post Why Ed Sheeran Won the Thinking Out Loud Lawsuit appeared first on Plagiarism Today.
TorrentFreak
MAY 4, 2023
Music fans love to share mixtapes and have done so for decades but sharing these ‘tapes’ over the Internet is not without risk. Popular hip-hop mixtape site and app Spinrilla has millions of users and is well aware of the pitfalls. In 2017, the company was sued by several RIAA-backed labels, including Sony, Warner, and UMG, which accused the company of massive copyright infringement.
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Plagiarism Today
MAY 4, 2023
Ed Sheeran case goes to the jury, the Copyright Royalty Board sides with streaming services, and Spinrilla settles with the record labels. The post 3 Count: Spinrilla’s End appeared first on Plagiarism Today.
Michael Geist
MAY 4, 2023
The debate over Bill C-11 was frequently marked by politician and lobby group claims that failure to act would place the future of Canadian film and television production at risk. While internal government documents admitted that claims regarding the contributions from Internet streaming services understated the actual contributions by failing to account for “unofficial Cancon”, Canadian Heritage Minister Pablo Rodriguez was happy to feed the narrative that the bill was a critical support for an
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?
Copyright Lately
MAY 4, 2023
The jury has spoken: Ed Sheeran’s “Thinking Out Loud” doesn’t infringe the copyright in Marvin Gaye’s “Let’s Get It On.” It’s official: Ed Sheeran won’t be quitting the music business. If you were hoping that Ed Sheeran would quit the music business, sorry mate. Everyone else should be deeply relieved.
JD Supra Law
MAY 4, 2023
Procedural History - UCB, Inc. v. Actavis Laboratories UT, Inc., is an appeal from a judgment in a Hatch-Waxman suit in the District of Delaware that found the asserted claims of U.S. Patent No. 10,130,589 (the “’589 patent”) invalid for anticipation and obviousness. (Slip Op. at 2-3.) The Federal Circuit affirmed the judgment of invalidity.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
MAY 4, 2023
"Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two aphorisms that irresistibly come to mind with the recent filing of a petition for certiorari by patentees in CareDX, Inc. v. Natera, Inc. and CareDx, Inc. v.
Olartemoure Blog
MAY 4, 2023
Star Wars is one of the most iconic and beloved franchises in the entertainment industry. Since its debut, it has captured the love and imaginations of millions of fans, and inspired multiple filmmakers, writers and creators. Today we celebrate the importance of Star Wars as a cultural landmark by talking about the success in the protection of their Intellectual Property.
JD Supra Law
MAY 4, 2023
The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35 U.S.C. 101 as interpreted by the Court in two cases: Interactive Wearables LLC v. Polar Electro Oy and Tropp v. Travel Sentry, Inc.
The IP Law Blog
MAY 4, 2023
On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc. , and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. (This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company”
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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.
JD Supra Law
MAY 4, 2023
On 27 April 2023, the European Commission (the Commission) published its Proposal for a Regulation of the European Parliament and of the Council on compulsory licensing for crisis management (the Proposed Compulsory Licensing Regulation).
The IPKat
MAY 4, 2023
Further to her post of last week, Kat friend Roya Ghafele now discusses the proposed SEP regulation as published by the European Commission. With only a few minor tweaks to the various leaked versions we saw beforehand, the European Commission went forward with its Standard Essential Patents (SEPs) Regulation Proposal. The valuation of SEPs is at the core of the draft regulation At its core, the draft regulation reflects the European Commission’s desire to take further ownership of the valuation
JD Supra Law
MAY 4, 2023
Technical experts play a key role in patent litigation, including in PTAB litigation. Indeed, experts are often the only witnesses to provide testimony in PTAB proceedings, and final written decisions often hinge on which party’s expert the PTAB panel finds more credible. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Patent Trademark Blog
MAY 4, 2023
Can you trademark a feature of a product? Ever notice the packaging of a product touting a beneficial feature or some new technology? Perhaps, the product contains a special ingredient or component that is given a unique name. Can you trademark the name of an ingredient, component or feature of a product? Yes, it is possible to register a trademark for features.
JD Supra Law
MAY 4, 2023
DO YOU HAVE A COMPLICATED COPYRIGHT? READ THIS STORY. Imagine this: a man is on the Indonesian island of Sulawesi taking photos of crested black macaques, when one of the monkeys takes the man's camera and snaps a couple hundred photos.
Likelihood of Confusion
MAY 4, 2023
Fabulous filings for fashionistas — and those who just want to look like them! Originally posted 2012-02-29 23:27:24. Republished by Blog Post Promoter The post Couture in Court appeared first on LIKELIHOOD OF CONFUSION™.
U.S. Department of Commerce
MAY 4, 2023
Commerce Secretary Gina Raimondo Emphasizes Importance of More Women in Tech at the 2023 Select USA Summit May 4, 2023 KCPullen@doc.gov Thu, 05/04/2023 - 16:24 Workforce Development Earlier this week, as part of the 2023 SelectUSA Summit , U.S. Commerce Secretary Gina Raimondo hosted a discussion on the importance of getting more women involved in the tech sector.
IP Watchdog
MAY 4, 2023
CareDx, Inc. and the Board of Trustees of the Leland Stanford Junior University earlier this week filed a petition for certiorari with the U.S. Supreme Court asking the justices to review a 2022 decision holding certain claims of its patents directed to detection levels of donor cell-free DNA (cfDNA) in the blood of an organ transplant patient patent ineligible.
IP Law 360
MAY 4, 2023
A Manhattan federal jury deliberated for just 2.5 hours Thursday before determining that Ed Sheeran's Grammy-winning song "Thinking Out Loud" did not copy from Marvin Gaye's Motown classic "Let's Get It On," dealing a win to the British singer-songwriter in a long-running copyright case.
IP Watchdog
MAY 4, 2023
United States Patent and Trademark Office (USPTO) Director Kathi Vidal issued a sua sponte Director Review decision on Tuesday explaining that the Patent Trial and Appeal Board’s (PTAB’s) reading of the inter partes review (IPR) statute was incorrect, and directing the Board to revisit a petition brought by Volvo Penta of the Americas, LLC and to analyze the Fintiv factors in view of a parallel district court proceeding.
IP Law 360
MAY 4, 2023
A New Jersey federal judge has issued a contempt order against an India-based supplement company for failing to pay discovery misconduct fees and blocked its legal counsel from withdrawing, a year after the company was ordered to pay more than $1 million to opposing counsel following patent infringement claims dating back to 2015.
IP Watchdog
MAY 4, 2023
Renner Otto, a growing intellectual property (IP) law firm located in Cleveland’s Playhouse Square, is looking for a Senior Patent Prosecution Attorney. This is a full-time, permanent position located in Cleveland, OH. Responsibilities include all aspects of patent practice including preparation and prosecution of patent applications and patent opinion work.
IP Law 360
MAY 4, 2023
A music publisher has urged the U.S. Supreme Court to take up its copyright infringement dispute over an online archive of classic rock concerts, arguing that the Second Circuit distorted federal copyright law by not holding the archive's founder liable for direct infringement.
Cogency Global
MAY 4, 2023
What this is : There are many reasons you may want to do business in the US Virgin Islands (USVI). Tax breaks, similar regulatory laws…or maybe your company won a project on the islands. Whatever the reason, the process requires careful consideration and patience. What this means : To successfully qualify/register your business in the USVI, there are steps to take to ensure compliance.
IP Law 360
MAY 4, 2023
Valve Corp. has asked the Federal Circuit to reconsider its decision to uphold a $4 million infringement verdict against the video game company, arguing that its bid to invalidate Ironburg's controller patent was unfairly harmed when the panel made inappropriate assumptions about what happened in district court.
IP Watchdog
MAY 4, 2023
On May 3, the U.S. Copyright Office published a notice of proposed rulemaking (NPRM) in the Federal Register amending final rules promulgated for infringement proceedings conducted by the Copyright Claims Board (CCB). The proposed rule changes would impact how respondents in CCB actions can assert counterclaims arising out of previous contractual agreements between parties to the action, as well as document production requests related to those counterclaims.
The TTABlog
MAY 4, 2023
So far this year, by my count, the TTAB has affirmed 19 of 21 Section 2(e)(1) mere descriptiveness (or disclaimer) refusals. How do you think these latest three appeals came out? Results will be found in the first comment. In re People Online, Inc. , Serial No. 90489798 (May 2, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(e)(1) mere descriptiveness refusal of PEOPLE ONLINE for various Internet-related software and services, including Downloadable computer software for
Barry Sookman
MAY 4, 2023
I was very pleased to give a presentation to ALAI Canada on developments in Canadian copyright law (from May 2022-May 2023). Last year’s Annual Copyright Review can be accessed here. These were the cases I talked about. IMS Incorporated v. Toronto Regional Real Estate Board, 2023 FCA 70 Audax Architecture Inc. v. McCuaig, 2022 FC 1747 Whitehall Entertainment Incorporated v.
JD Supra Law
MAY 4, 2023
On April 26, 2023, Security Defense Systems, LLC sued Athenahealth, Inc. in the Western District of Texas. The lawsuit alleges that Athenahealth’s Epocrates application and epocrates.com website infringe U.S. Patent No. 8,155,887, titled “Computer Visualized Drug Interaction Information Retrieval,” which issued in 2012.
Copyright Alliance
MAY 4, 2023
Humans have always told stories in the literary and written forms—a time-honored tradition spanning over millennia. Whether conveyed in the form of books, plays, manuscripts, or news publications, these works […] The post Literary Copyright Cases Writers and Publishers Should Know appeared first on Copyright Alliance.
JD Supra Law
MAY 4, 2023
Last week, Samsung Bioepis filed an IPR petition challenging claims of U.S. Patent No. 11,253,572 (“the ’572 patent”), owned by Regeneron Pharmaceuticals. According to the petition, the claims are directed to the use of aflibercept to treat angiogenic eye disorders, including diabetic macular edema and age-related macular degeneration.
Herbert Smith Freehills
MAY 4, 2023
Kewei Law Firm has promoted Agatha Shen as an international partner in Shanghai, further strengthening China capital markets expertise in the firm's joint operation w Agatha specialises in capital markets and other corporate finance transactions. She has extensive experience in advising issuers and underwriters on initial public offerings (IPOs), share placings, spin-offs and mergers and acquisitions.
JD Supra Law
MAY 4, 2023
Director Vidal recently vacated a decision denying institution of an inter partes review (“IPR”) to allow Google, the Petitioner, to brief whether discretionary denial was warranted under Section 325(d) in view of a European counterpart that was of record during prosecution.
LexBlog IP
MAY 4, 2023
In a declaratory judgment action brought by Global Tubing, the district court granted the Plaintiff’s motion for summary judgment of unenforceability for inequitable conduct. Glob. Tubing LLC v. Tenaris Coiled Tubes LLC , 2023 U.S. Dist. LEXIS 46067 (S.D. Tex. Mar. 17, 2023).
JD Supra Law
MAY 4, 2023
The US Patent & Trademark Office (PTO) announced proposed patent fee increases. Patent fees would increase by about 5% across the board because of inflation. Certain fees would be increased by substantially more than the 5% inflationary increase to reduce subsidization from other fee sources. For example, the overall design patent fees would increase by 48%, based on a 27% increase in filing, search and examination fees and a 76% issue fee increase.
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