Wed.Nov 10, 2021

article thumbnail

The Pirate Bay Story Will Be Turned Into a TV Series

TorrentFreak

The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. While most pirate sites hid in the shadows, Pirate Bay’s founders were public figures, who openly taunted the entertainment industries. This chapter didn’t end as planned for Fredrik Neij, Peter Sunde, and Gotffrid Svartholm, who were eventually sentenced to prison.

article thumbnail

“Go Ahead, Sue Us”: Sony sends Cease-and-Desist after Taunts

IPilogue

Photo by Martin Katler ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . DBrand , a Canadian accessories company notorious for its tongue-in-cheek marketing, taunted Sony earlier this year after launching an unofficial Sony PlayStation 5 (“PS5”) product. Unsurprisingly, Sony sent DBrand a cease-and-desist letter , which the Canadian company published online and used to generate marketing for a newer, allegedly “not illegal,” albeit similar, pr

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Criminal Copyright Complaint Filed Against BitTorrent Seedbox Provider

TorrentFreak

Over the past year in particular, anti-piracy group Rights Alliance has been applying maximum pressure to various players in the piracy ecosystem. Through detailed investigations that are ultimately referred to local law enforcement, one of the group’s main aims is to disrupt and ultimately disassemble the private torrent site scene in Denmark.

Copyright 110
article thumbnail

Celgene Corp. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2021)

JD Supra Law

The question of the proper court for a branded pharmaceutical maker to bring suit against an Abbreviated New Drug Application filer under the Hatch-Waxman Act is surprisingly unsettled seeing as the Act was enacted in 1984. The Federal Circuit brought some measure of clarity to the question recently when it affirmed a District Court dismissal of an ANDA action on improper venue grounds, in Celgene Corp. v.

Branding 102
article thumbnail

Software Composition Analysis: The New Armor for Your Cybersecurity

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?

article thumbnail

To Err is Human: Unicolors v. H&M at the Supreme Court

The Illusion of More

The Supreme Court on Monday heard oral arguments in the copyright case Unicolors v. H&M Hennes & Mauritz, L.P., a lawsuit bogged down in tiresome and tangential details, but which is important for independent creators. And speaking of tangential details, I noticed that Justice Sotomayor inadvertently used the term “patent trolls” during her brief interaction […].

article thumbnail

As Vehicles Become Computerized, NPE Patent Owners Are Targeting Automakers

JD Supra Law

Automakers, high-tech software companies, and electronics companies are increasingly facing similar challenges as vehicles become computers on wheels. For example, the global chip shortage is delaying the production of phones, laptops, and vehicles alike. Unsurprisingly, these similarities are also extending to how the automotive sector is being targeted by non-producing entities (NPEs) for patent infringement law suits.

Patent 102

More Trending

article thumbnail

FDA Issues Draft Guidance for Software Contained in Medical Devices

JD Supra Law

On November 3, 2021 the FDA issued draft guidance titled “Content of Premarket Submissions for Device Software Functions.” The final version will eventually replace the FDA’s “Guidance for the Content of Premarket Submissions for Software Contained in Medical Devices,” originally released in May 2005.

98
article thumbnail

BREAKING: Tech Giants Strike Out In Suit Attacking PTAB Denials

IP Law 360

A California federal judge on Tuesday threw out a suit by Apple, Google and other tech companies challenging the Patent Trial and Appeal Board's practice of denying patent reviews due to looming trials in district court, ruling the case is barred by the America Invents Act.

article thumbnail

Sun Pharma Global FZE v. Lupin Ltd.

JD Supra Law

Case Name: Sun Pharma Global FZE v. Lupin Ltd., Civ No. 18-2213 (FLW), 2021 WL 4473411 (D.N.J. Sept. 30, 2021) (Wolfson, J.) - Drug Product and Patent(s)-in-Suit: Bromsite® (bromfenac ophthalmic solution); U.S. Patent No. 8,778,999 (“the ’999 patent”) - Nature of Case and Issue(s) Presented: The ‘’999 patent discloses: (i) bromfenac; (ii) a “flowable crosslinked carboxy-containing polycarbophil mucoadhesive polymer” vehicle, referred to as “polycarbophil”; (iii) a certain pH range; (iv) a.

Patent 98
article thumbnail

The Comparability Challenges Patent Damages Experts Face

IP Law 360

Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S. district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more.

article thumbnail

IPO Diversity in Innovation Toolkit

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.

article thumbnail

Precedential No. 29: TTAB Affirms Refusal of "DRINK MORE BEER" For Bottle Caps: Not Used as a Source Indicator

The TTABlog

To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers. Applicant Maugus Manufacturing tripped over that hurdle when it applied to register DRINK MORE BEER for "non-metal and non-paper closures for containers." The Board agreed with Examining Attorney Tejbir Singh that the proposed mark, as presented on Maugus's specimens of use, would not be perceived as identifying source, but rather would be seen as an exampls of how wording may appear on

article thumbnail

Decoded: Technology Law Insights, Volume 2, Issue 22

JD Supra Law

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

article thumbnail

@theblakemorgan: American middle-class musicians are worth fighting for #IRespectMusic–Artist Rights Watch

The Trichordist

Blake Morgan's insanely popular post in The Hill on why we all should support artist pay for radio play in the American Music Fairness Act.

Music 98
article thumbnail

Ability to Pay and its Impact on Reasonable Notice Awards

Nelligan Law

Reading Time: < 1 minute One of the most common questions our Employment Law Group hears is the following: Is this termination package fair? There is no formula for evaluating reasonable notice at common law. Rather, reasonable notice is a fact-specific exercise, which depends on a variety of factors, including age, length of service, character of employment and availability of similar employment, having regard to the employee’s experience, training, and qualifications.

Law 78
article thumbnail

Fed. Circ. Won't Reconsider SiriusXM's PTAB Loss

IP Law 360

The Federal Circuit said Wednesday it won't rethink its decision affirming a Patent Trial and Appeal Board ruling that upheld a satellite broadcasting patent challenged by SiriusXM, which argued that a previous Federal Circuit panel backed the PTAB's alleged "error" without giving an opinion.

Patent 75
article thumbnail

Faegre Drinker Biddle & Reath is Seeking an IP Litigation Associate

IP Watchdog

Faegre Drinker is actively recruiting a litigation associate to join their thriving Intellectual Property practice. This full-time, permanent position offers the opportunity to focus on patent litigation for a national and international client base from our Chicago, Denver, Indianapolis, Minneapolis, Silicon Valley, Washington D.C., or Wilmington offices.

article thumbnail

Discovery Immunity For Draft Expert Reports Lacks Clarity

IP Law 360

Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

article thumbnail

Patent Filings Roundup: In a Slow Week, IP Edge Hits Amazon on Cryptographic Keys and Jeffrey Gross-Run Entities Proliferate

IP Watchdog

Another week, another dearth of any Fintiv denials, which sort of begs the question, if the Patent Trial and Appeal Board (PTAB) has effectively walked back their reliance on the Fintiv factors, does that order’s precedential status merit walking back? In terms of district court and PTAB filings, subdued is the word; just 19 PTAB petitions (all inter partes reviews) with four being apparent joinders by LG Electronics against Gesture Technology Partners, LLC [a Tim Pryor entity] well prior to ins

article thumbnail

Judge Leonard P. Stark Will Bring a Wealth of Patent Experience to the Federal Circuit

IP Tech Blog

On Wednesday, November 3, 2021, the White House announced President Biden’s nomination of Judge Leonard P. Stark (U.S. District Court for the District of Delaware) to the U.S. Court of Appeals for the Federal Circuit. If approved, Judge Stark will succeed Judge Kathleen M. O’Malley, who recently announced that she will retire in March 2022. Judge Stark has served as a U.S.

Patent 57
article thumbnail

Jury Clears Cree Of Infringing LED Lighting Patents

IP Law 360

A federal jury in North Carolina has sided with Cree Inc., finding that the company did not infringe a rival's LED lighting patents.

Patent 75
article thumbnail

CAFC Patent Cases - October 2021 #2

JD Supra Law

Precedential Federal Circuit Opinions - CELGENE CORPORATION v. MYLAN PHARMACEUTICALS INC. [OPINION] (2021-1154, 11/05/2021) (PROST, CHEN, and HUGHES) - Prost, J. This is a case about venue and pleading under the Hatch-Waxman Act.

Patent 55
article thumbnail

Should I Negotiate the Price of My Artwork?

Art Law Journal

As a freelance creative valuing and pricing work is the most crucial and perhaps the most challenging. Pricing and selling is an often unclear formula with a complex set of variables including time, expertise, personal brand strength, overhead expenses, market demand, and industry standards. Figuring it all out is difficult to grasp, even for the most seasoned creatives and freelance professionals.

Artwork 52
article thumbnail

NHK-Fintiv APA Suit Ends Abruptly

LexBlog IP

Appeal Bar Deemed to Bar APA Suit. Back in September of 2020, a number of large tech companies sued the USPTO for violating the APA by denying IPR petitions on the basis of a competing trial date. More specifically, the suit argued that the so-called NHK-Fintiv practice — implemented without notice and comment rulemaking — was in violation of established APA practices.

article thumbnail

Judge Says Patent Fight Over Herbicides Must Be Arbitrated

IP Law 360

A federal judge on Wednesday halted litigation initiated by Pennsylvania-based chemical company FMC Corp. against a Swiss Syngenta Corp. unit over an allegedly stolen herbicide formula, saying the matter was correctly routed into arbitration despite contradictory dispute resolution clauses in an underlying contract.

article thumbnail

Amgen and Pfizer Developing More Interchangeable Biosimilars

LexBlog IP

In their respective third quarter financial results, Amgen and Pfizer both announced plans to seek interchangeable status for select biosimilars. Amgen announced that patients are currently being enrolled in Phase 3 studies to support interchangeability designation in the U.S. for biosimilars of AMJEVITA (adalimumab) and ABP 654 (ustekinumab). Pfizer also announced plans to seek interchangeable status for its adalimumab biosimilar ABRILADA in December 2021.

Designs 52
article thumbnail

Ga. Justices Wary Of Retailer's IP Theft Claims Against Google

IP Law 360

Georgia Supreme Court justices struggled Wednesday with the practical implications of Edible Arrangements' claims that Google is improperly profiting off its trade name and goodwill by selling advertising space associated with the name.

article thumbnail

Judge Leonard P. Stark Will Bring a Wealth of Patent Experience to the Federal Circuit

LexBlog IP

On Wednesday, November 3, 2021, the White House announced President Biden’s nomination of Judge Leonard P. Stark (U.S. District Court for the District of Delaware) to the U.S. Court of Appeals for the Federal Circuit. If approved, Judge Stark will succeed Judge Kathleen M. O’Malley, who recently announced that she will retire in March 2022.

Patent 52
article thumbnail

Northern District of California patent data shows why defendants are keen to get there

IAM Magazine

Docket Navigator numbers make clear that those fighting infringement suits secure a greater number of favourable outcomes on eligibility, claim determinations and more than in Western Texas.

Patent 52
article thumbnail

Patent Venue Construed Strictly, Even in ANDA Litigation

JD Supra Law

In Celgene Corp. v. Mylan Pharmaceutics Inc., [2021-1154] (November 5, 2021) the Federal Circuit affirmed the dismissal of a patent infringement action against defendants, MPI and Mylan Inc., for improper venue, and against defendant Mylan N.V. for failure to state claim upon which relief can be granted.

article thumbnail

Finnegan To Launch Munich Office With New Partner Hire

IP Law 360

Finnegan Henderson Farabow Garrett & Dunner LLP will be expanding its presence in Europe in 2022 with an office in Munich, Germany, that will be led by a new partner hire from Baker McKenzie, the firm announced.

52
article thumbnail

Introducing Evidence Before Authorization May Result in Expungement

JD Supra Law

Introducing evidence in a motion to file a reply to a patent owner’s preliminary response without the PTAB’s authorization may result in denial and expungement. A recent motion met such a fate in Ice Castles, LLC v. Youngstrom, IPR2021-01179, Paper 8 (PTAB Oct. 26, 2021).

Patent 52
article thumbnail

Apple Reverses One Loss In 3G, 4G Multi-Patent Battle

IP Law 360

The Court of Appeal upended a finding on Wednesday that a patent for 3G and 4G wireless devices is essential to telecommunications standards and infringed by Apple, a needed win for the tech giant in a larger battle with subsidiaries of patent manager PanOptis.

Patent 52
article thumbnail

Georgia Court of Appeals Reiterates that Trial Courts Cannot Rely on Equity to Extend a Non-Compete’s Expiration Date

Trading Secrets

Suffice it to say, it’s never a good idea to deliberately violate a trial court’s order, much less do so repeatedly. That, however, is precisely what Khosrow Daneshgari did in Patriot Towing Services, LLC v. Daneshgari, et al. Notwithstanding Daneshgari’s willful contempt, the Georgia Court of Appeals recently ruled that the trial court nevertheless overstepped its authority by extending the expiration date of the parties’ non-compete agreement.

article thumbnail

Managing patent risk: why proactive engagement costs less

IAM Magazine

The Long Read: The recent findings of a survey conducted by Cipher suggest that upward communication of problems only occurs when a major issue arises. Nigel Swycher and Francesca Levoir argue that companies need a better framework for managing and mitigating the IP threats they face.

Patent 52
article thumbnail

State Unjust Enrichment Claims Bar Later Federal Lanham Act Claims

Chicago IP

Legat v. Legat Architects, Inc. , No. 20 C 6830, Slip Op. (N.D. Ill. Jun. 23, 2021) (Gettleman, J.). Judge Gettleman granted defendant Legat Architects’ motion to stay plaintiff Legat’s Lanham Act claim pending appeal of Legat’s state law claims for breach of contract and unjust enrichment related to his LEGAT trademark for use with architectural services.