Plagiarism Today
JANUARY 5, 2022
On January 1, 2022, works that were first published in the year 1926 lapsed into the public domain. Though the list of works that includes is long, some bigger names include Ernest Hemingway’s The Sun Also Rises and Dorothy Parker’s Enough Rope. However, the name that’s received the lion’s share of the attention has been A.A. Milne’s original Winnie-the-Pooh story.
TorrentFreak
JANUARY 5, 2022
When the original Popcorn Time application launched eight years ago, we billed it as the “ Netflix for Pirates.” The software offered a clean and easy-to-use interface to stream pirated movies and TV shows, all powered by BitTorrent. Rivaling Hollywood and Netflix. In the years that followed Popcorn Time had to endure plenty of legal threats, mostly from Hollywood.
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Plagiarism Today
JANUARY 5, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Popcorn Time, the Piracy App That Spooked Netflix, Shuts Down. First off today, Priya Anand at Bloomberg reports that the piracy app Popcorn Time has shuttered its doors, ending a seven-year run where the app was one of the most prominent and popular piracy services.
Erik K Pelton
JANUARY 5, 2022
What does Benjamin Franklin have to do with trademark protection and trademark disputes? Erik shares five reasons why trademark registration at the USPTO is so valuable. The post An Ounce of Trademark Protection is Worth a Pound of Curing a Trademark Dispute appeared first on Erik M Pelton & Associates, PLLC. What does Benjamin Franklin have to do with trademark protection and trademark disputes?
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
JANUARY 5, 2022
Non-fungible tokens, or NFTs, have been booming over the past year. People are willing to pay millions of dollars in return for the rights to unique digital assets as well as any perks that come with them. These NFTs are not without copyright issues. For example, some artists have found their works being sold as NFTs without their permission. There are also more complex copyright angles too, as Quentin Tarantino discovered a few weeks ago.
IP Watchdog
JANUARY 5, 2022
Senator Thom Tillis has come out on the record in support of Kathi Vidal to be the next Director of the U.S. Patent and Trademark Office (USPTO), on the eve of a Senate Judiciary Committee vote on her confirmation. Despite recent scrutiny of her ties to big tech and Silicon Valley, Tillis in a statement today said that he was satisfied with Vidal’s responses to his “tough questions” during the confirmation hearing process and feels he has received her commitment that she will continue the reform
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
JANUARY 5, 2022
NOVARTIS PHARMACEUTICALS v. ACCORD HEALTHCARE INC. Before Moore, Linn, and O’Malley. Appeal from the United States District Court for the District of Delaware. Summary: A patent application that was silent about a “loading dose” of a drug provided written description support for a negative claim limitation requiring the absence of such a dose.
The IPKat
JANUARY 5, 2022
The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art. In contrast to other types of description amendment, amending the description so as to mention known prior art seems a relatively innocuous requirement.
Kashishipr
JANUARY 5, 2022
The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark. In the market, a trademark performs the following four functions: Identifying the goods/services and their source of origin; Guaranteeing the quality of goods/services;
The IPKat
JANUARY 5, 2022
With the holiday season behind us, the vacuum cleaner is a valuable ally to get rid of leftover pine needles or bits of broken baubles. For those Kats that have a vacuum cleaner operating with cleaner bags, a decision by the EUIPO (Third) Board of Appeal (‘BOA’) may be of particular interest. In the case of Miele v. Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division.
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The IP Law Blog
JANUARY 5, 2022
In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here. .
JD Supra Law
JANUARY 5, 2022
Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for Canadian patent applications. The proposed rules were published for public comment in July 2021 (see Canada Gazette Part I), the first step in patent rulemaking in Canada.
IP Law 360
JANUARY 5, 2022
A cryptocurrency wallet provider has hit back at a digital asset investment manager, denying in a High Court defense that it stole its employees and intellectual property and accusing the company of misrepresentation during talks over its potential acquisition.
JD Supra Law
JANUARY 5, 2022
In Teva Pharmaceuticals USA, Inc. v. Corcept Therapeutics, Inc.,1 the Federal Circuit affirmed the obviousness analysis performed by the Patent Trial and Appeal Board (“PTAB”), which found that Corcept’s patent for methods of treating Cushing’s disease by co-administering two different types of drugs with a specific range of dosing amounts was not obvious—even where the prior art directed one to combine the two—because there was no reasonable expectation of success for the specific dose claimed.
Velocity of Content
JANUARY 5, 2022
Author’s Note: At the 2021 Charleston Conference, I was invited to speak as part of the panel: “Progress Through Partnership: The Dolly Parton Rule for Transformative Agreements.” The conversation took as its starting place the quip, “If you don’t like the road you’re walking, start paving another one!” My role was to provide framing remarks in advance of the presentations by other speakers — Mathew Willmont, California Digital Library; Sybille Geisenheyner, American Chem
JD Supra Law
JANUARY 5, 2022
When does the absence of evidence turn into evidence of absence, and when does such absence amount to an adequate written description of the absence of a step of a method claim? This is a question that comes readily to mind when reading the Federal Circuit's opinion (and Chief Judge Moore's dissent) in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc.
Nelligan Law
JANUARY 5, 2022
Reading Time: < 1 minute On January 3 rd , the Ontario government announced a set of new restrictions that include moving school online until at least January 17 th. This announcement has left many working parents scrambling to plan for childcare over the next two weeks. While not a complete solution, the Ontario Human Rights Code and the Employment Standards Act provide protections for parents and guardians in this situation.
JD Supra Law
JANUARY 5, 2022
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened.
U.S. Department of Commerce
JANUARY 5, 2022
Santos Sworn In as New Census Bureau Director. January 5, 2022. KCPullen@doc.gov. Wed, 01/05/2022 - 10:31. Robert Santos was sworn in today as the U.S. Census Bureau’s 26th director, becoming the first Latino person to serve in the role. This appointment follows the U.S. Senate confirmation Nov. 4, 2021, with Santos’ term set to last for five years.
JD Supra Law
JANUARY 5, 2022
The United States District Court for the District of Massachusetts recently denied a motion by Philips North America seeking leave of the Court to amend its claims of patent infringement against Fitbit to include several additional products finding Philips did not act diligently.
U.S. Department of Commerce
JANUARY 5, 2022
Five Ways NOAA Helped Make America Climate-Ready in 2021. January 5, 2022. KCPullen@doc.gov. Wed, 01/05/2022 - 11:32. Environmental data. The following is a cross-post from the National Oceanic and Atmospheric Administration (NOAA). Record-setting summer heat baked the typically cooler Pacific Northwest. . The third busiest hurricane season on record sent eight storms barreling into the Atlantic and Gulf coasts.
JD Supra Law
JANUARY 5, 2022
In the fall of 2021, the Rx IP Update team celebrated its 20thyear of monthly updates on Canadian life sciences IP and regulatory law. Below are highlights from our team’s 2021 updates.
43(B)log
JANUARY 5, 2022
Chang v. TripAdvisor, LLC, 2021 WL 6237376, Civ. No. 2021-00347 (Mass. Super. Ct. Nov. 19, 2021) Chang sought transportation services for an upcoming trip he had planned to San Jose Del Cabo in Mexico and found an ad on TripAdvisor’s website for a shuttle service from the Los Cabos Airport to his hotel. “Relying in part on the advertisement’s representations regarding safety measures taken to prevent the spread of COVID-19, Mr.
IP Watchdog
JANUARY 5, 2022
In the United States and other countries, there is a growing awareness and increasing appreciation of the purpose and value of amicus curiae practice as an aid in adjudicative decision-making. The role of an amicus curiae (“friend of the court”) brief in support of a party, or in support of no party, is to supply, voluntarily, the presiding court or other tribunal in cases of controversy with pertinent information, insights, or arguments in a formal, publicly accessible manner.
IP Law 360
JANUARY 5, 2022
Teva Pharmaceuticals urged a California federal judge Wednesday to curb antitrust claims brought by Walgreens, CVS and other retailers alleging that the pharmaceutical giant conspired with rival Gilead to keep generic versions of blockbuster HIV treatments off the market, arguing that some of the retailers' claims are time-barred.
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 5, 2022
Fish & Richardson is proud to announce the elevation of 17 attorneys to principals at the firm, effective January 1, 2022. The new principals include: Michael Ballanco (D.C.); Caleb Bates (Silicon Valley and Southern California); Vivian Cheng (New York); Crystal Culhane (Southern California); Patrick Darno (D.C.); Will Freeman (D.C. and Boston); Ken Hoover (Austin); James Huguenin-Love (Twin Cities and Silicon Valley); Karan Jhurani (Atlanta); Jun Li (Dallas); Peng Lin (Boston and New York);
IP Law 360
JANUARY 5, 2022
Quentin Tarantino is moving forward with his planned sales of nonfungible tokens attached to parts of a handwritten screenplay for his 1994 hit movie "Pulp Fiction" amid a legal battle with his former movie studio, Miramax.
JD Supra Law
JANUARY 5, 2022
On January 4, 2022, Judge Andrews from the United States District Court for the District of Delaware denied Sarepta Therapeutics, Inc.’s (“Sarepta”) Rule 12(b)(6) motion to dismiss a complaint for infringement of U.S. Patent No. 10,526,617 filed by Regenxbio, Inc. (“Regenx”) and the University of Pennsylvania (“UPenn”). By: Rothwell, Figg, Ernst & Manbeck, P.C.
IP Law 360
JANUARY 5, 2022
The D.C. Circuit has quietly put to bed a $340 million lawsuit from a Russian inventor who claimed Sony illegally "bribed" lawyers at Hogan Lovells to create evidence that convinced a Moscow patent office to invalidate his patent allegedly used in a Playstation console.
JD Supra Law
JANUARY 5, 2022
1. What is a geographical indication of origin? - A geographical indication of origin (GI) is a type of intellectual property defined in the Trademarks Act.
IP Law 360
JANUARY 5, 2022
Nike Inc. on Wednesday hit Lululemon Athletica Inc. with a lawsuit claiming their rival's Mirror Home Gym and related mobile apps infringe on six of its patents.
JD Supra Law
JANUARY 5, 2022
In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation Center of the China Council for the Promotion of International Trade, a national foreign trade body, the new rules create a framework that can guide IP dispute mediation nationwide.
LexBlog IP
JANUARY 5, 2022
I made my last New Year’s resolution 10 years ago in 2012. Technically, it wasn’t a resolution; maybe it was more of a lifestyle choice. I vowed that I would no longer drink the coffee that was sold in the Federal Trade Commission’s (FTC) now-defunct Top of the Trade cafeteria. It was a great place for some items (such as spanakopita), but let’s just say the coffee and my stomach did not get along.
JD Supra Law
JANUARY 5, 2022
Precedential Federal Circuit Opinions - NOVARTIS PHARMACEUTICALS CORPORATION v. HEC PHARM CO., LTD. [OPINION] (2021-1070, January 3, 2021) (MOORE, LINN and O’MALLEY) - O’Malley, J. Affirming district court decision that the asserted patent claims do not fail the written description requirement of 35 U.S.C. § 112(a).
LexBlog IP
JANUARY 5, 2022
Stark and Vidal Nominations Head to Finish Line. Tomorrow morning, the Senate Judiciary will pass the nominations of Leonard P. Stark to be United States Circuit Judge for the Federal Circuit, and Katherine Vidal to be Under Secretary of Commerce for Intellectual Property & Director of the United States Patent and Trademark Office, to the Senate floor for final vote.
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