Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. Most of the AI components have experienced explosive growth in the past decade, especially in the areas of planning/control and knowledge processing (e.g., using big data in automated systems).

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Invention Patent Privacy Inventor 242

Erik K Pelton

AUGUST 30, 2021

The following is a transcript of my video Influencers Need Trademark Protection Too. On social media these days, much of the content and the news that I see relates to influencers. No doubt this is partly related to the fact that I have two teenage children, and by the fact that I’m teaching a law school class with younger law students, and that I’m online in forums talking about intellectual property and entertainment law issues.

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Social Media Trademark Branding Brands 182

TorrentFreak

AUGUST 30, 2021

In piracy circles, ‘FitGirl’ is a very well known brand, especially for gamers looking for the latest titles without the usual price tag. Operating from the domain fitgirl-repacks.site, platform operator FitGirl is perhaps the most well-known ‘repacker’ online today due to her/his ability to compress full-size games into more manageable packages.

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IP Branding Brands Branding 142

IP Watchdog

AUGUST 30, 2021

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an update to its Orange Book patent and biologic patent study, examining post-grant petitions filed against Orange Book patents and biologic patents between September 16, 2012, and June 30, 2021. The PTAB classified a petition as challenging an Orange Book-listed patent by comparing the petition’s filing date with data from the U.S.

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Patent Trademark Intellectual Property IP 139

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

The IPKat

AUGUST 30, 2021

In an interesting decision ( O/557/21) rendered following an appeal against a decision of an Hearing Officer of the UK Intellectual Property Office (UK IPO), the Appointed Person upheld the Hearing Officer’s decision ( (O/474/20) and declared the appellant’s trade mark invalid on the basis of a likelihood of confusion between the marks at issue. In particular, the declaration of invalidity could be based on a prior international trade mark, even if the decision concerning the declaration of inva

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Registration IP Intellectual Property 120

IP Watchdog

AUGUST 30, 2021

On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s decision in an interlocutory appeal brought by MLC Intellectual Property, LLC (MLC) regarding orders that precluded certain opinions of MLC’s damages expert in its infringement suit against Micron Technology, Inc.

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Intellectual Property Licensing Technology Patent 130

IPilogue

AUGUST 30, 2021

Photo by Ian Hutchinson (Unsplash). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. In the midsummer of 2020, the Supreme Court of the United States rendered an unusual decision in its first telephonic oral argument. The case, United States Patent and Trademark Office v.

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Registration Trademark Journalism Intellectual Property 106

JD Supra Law

AUGUST 30, 2021

On Aug. 26, 2021, the Federal Circuit held the asserted claims of Sloan Kettering’s CAR-T patent invalid for lack of written description, reversing the final judgment of a California district court awarding Sloan Kettering and Juno (exclusive licensee) over $1.2 billion in damages. Juno Therapeutics, Inc., et al. v. Kite Pharma, Inc., No. 2020-1758 (Fed.

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Patent 111

IP Law 360

AUGUST 30, 2021

While law schools are shaping the next generation to fill law firm's ranks, the inverse is also true: law firms can help steward schools even further into a new age of the profession. Here, Law360 Pulse explores how firms can influence change in the law school-to-law firm pipeline.

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Law 97

JD Supra Law

AUGUST 30, 2021

JUNO THERAPEUTICS, INC. v. KITE PHARMA, INC. Before Moore, Prost, and O’Malley. Appeal from the United States District Court for the Central District of California. Summary: Knowledge of a common general structure and the disclosure of two representative species is insufficient to support the written description of a functionally-claimed genus when the claimed function results….

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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

IAM Magazine

AUGUST 30, 2021

Greg Case has been bullish about the sector for a while and if he is right it could finally mean the birth of the asset class so many have been waiting for.

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Marketing Marketing IP 98

JD Supra Law

AUGUST 30, 2021

The Federal Circuit invalidated Juno Therapeutics, Inc.’s T cell therapy patent for cancer treatment and erased a billion dollar judgment in Juno’s favor. The court held that the jury verdict regarding the patent’s written description under 35 U.S.C. § 112(a) was not supported by substantial evidence.

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Patent 98

IP and Legal Filings

AUGUST 30, 2021

Recently, the Copyright Society of China (CSC) launched its blockchain copyright services platform “China Copyright Chain.” The CSC has been established under the National Radio and Television Administration of China as a professional institution. The launching of “China Copyright Chain” was done at China Internet Copyright Protection and Development Conference.

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Copyright IP Technology Trademark 72

JD Supra Law

AUGUST 30, 2021

MLC INTELLECTUAL PROPERTY, LLC v. MICRON TECHNOLOGY, INC. Before Newman, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: When relying upon lump sum payments in a prior license agreement to support a reasonable royalty rate, explanation as to how the royalty rate is derived from the lump….

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Intellectual Property Licensing Technology Patent 98

IP Law 360

AUGUST 30, 2021

The elite slate of attorneys chosen as Law360's 2021 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

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Litigation 76

JD Supra Law

AUGUST 30, 2021

In academic settings, objective indicia of non-obviousness are sometimes presented as a common way of rebutting contentions that a claimed invention is obvious. These indicia, set forth in Graham v. John Deere Co. and reiterated in KSR Int'l Co. v. Teleflex, Inc., include commercial success, long felt but unsolved needs, unexpected results, copying by others, industry praise, and failure of others.

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Invention Copying 98

IP Law 360

AUGUST 30, 2021

The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

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JD Supra Law

AUGUST 30, 2021

The August 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses Monster Energy's history of trademark disputes in the context of enhancing brand strength, tips for shortening the pendency of trademark filings at the USPTO, recent cannabis extraction technology litigation, and the new gTLD open sunrise period. In this issue: - Persistence Pays Off – A Series of Monster Trademark Disputes - Tips for Navigating the Current Landscape at the USPTO - Watching the Pot™ - gTLD.

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Marketing Marketing Branding Brands 91

IP Law 360

AUGUST 30, 2021

The once-obscure Section 230 of the Communications Decency Act, which has enabled platforms like Facebook, Twitter and YouTube to shape the digital world, now faces an increasingly harsh floodlight over the broad immunity it confers on those platforms.

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JD Supra Law

AUGUST 30, 2021

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the BPCIA, 29 biosimilars have been approved, 16 of which have launched. Strikingly, the number of post-grant challenges against biologics patents has precipitously dropped since reaching a peak in 2017.

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Litigation Designs Design Patent 91

IP Law 360

AUGUST 30, 2021

Law schools were thrown into a lurch during the COVID-19 pandemic, reinvigorating a debate about the need to modernize them. Here, legal experts explain four ways that law schools can continue to evolve post-pandemic.

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Law 75

JD Supra Law

AUGUST 30, 2021

Precedential Federal Circuit Opinions - SEABED GEOSOLUTIONS (US) INC. v. MAGSEIS FF LLC [OPINION] (2020-1237, August 11, 2021) (MOORE, LINN and CHEN) - Moore, Chief Judge. Vacating final written decision of the Patent Trial and Appeal Board. The Board found, based entirely on extrinsic evidence, that “fixed” had a special meaning in the relevant art at the time of the invention: “not gimbaled.”.

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Patent Invention Art 85

IP Law 360

AUGUST 30, 2021

Lawsuits over student vaccine mandates, tuition refunds for remote classes, free speech issues and race-conscious admissions are all being watched closely by law schools as the fall semester begins.

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Law Litigation 73

JD Supra Law

AUGUST 30, 2021

In April 2018, as companies scrambled to come into compliance with the European Union’s General Data Protection Regulation that was soon to become enforceable, the EU quietly announced its intention to craft another massive regulatory mandate—this time in the field of artificial intelligence. As with GDPR, the EU sees itself as having a duty to protect its citizens from what it perceives as “risky” technologies, whether deployed by governments or companies, that could infringe on the fundamental

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Government Technology 116

Trading Secrets

AUGUST 30, 2021

On August 13, 2021, Governor Pritzker signed into law Public Act 102-0358, which amends the Illinois Freedom to Work Act and sets forth specific requirements for the enforceability of restrictive covenant agreements in Illinois for agreements entered into on or after January 1, 2022. Income Thresholds. To be enforceable, as of the law’s effective date, non-compete agreements may only be used with employees earning more than $75,000 per year, and more than $45,000 per year for non-solicit agreeme

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Law Copying Business 59

JD Supra Law

AUGUST 30, 2021

Whether the United States Patent and Trademark Office (USPTO) possessed trademark registrations for its own trademarks was honestly not something I had ever thought about before. But then I received a link to the Director’s Forum blog earlier this month telling me that the Department of Commerce had recently filed for federal registration of the USPTO’s marks with the USPTO.

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Registration Blogging Trademark Patent 98

43(B)log

AUGUST 30, 2021

Rodriguez v. Olé Mexican Foods Inc., 2021 WL 1731604, No. EDCV 20-2324 JGB (SPx) (C.D. Cal. Apr. 22, 2021) Rodriguez alleged that Olé’s La Banderita tortillas falsely advertised Mexican origin based on a Mexican flag front and center on the packaging, the phrase “El Sabor de Mexico!” or “A Taste of Mexico!”, the brand name “La Banderita” (“the flag”), and the Spanish phrase “Tortillas de Maiz” on the label of the Corn tortillas.

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False Advertising Advertising Advertising Branding 59

JD Supra Law

AUGUST 30, 2021

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Express Mobile, Inc. v. Squarespace, Inc., Civil Action No. 20-1163-RGA (D.Del. August 25, 2021), the Court, inter alia, denied Defendant’s motion to dismiss Plaintiff’s claims of direct infringement.

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43(B)log

AUGUST 30, 2021

State ex rel. Rosenblum v. Living Essentials, LLC, 313 Or.App. 176, A163980 P.3d -, 2021 WL 2946172 (Jul. 14, 2021) The state alleged that LE falsely advertised its 5-hour Energy drinks, misrepresenting (1) the effects of the noncaffeine ingredients in their products and (2) the results of a survey of physicians in several “Ask Your Doctor” advertisements, falsely implying that physicians recommended 5-HE to their patients.

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Advertising Advertising False Advertising Litigation 59

LexBlog IP

AUGUST 30, 2021

Last week, Bio-Thera Solutions and Hikma Pharmaceuticals announced they have entered into an exclusive commercialization and license agreement to commercialize the proposed ustekinumab biosimilar product, BAT2206. According to the press release , Bio-Thera will “maintain responsibility for development, manufacturing, and supply of BAT2206 [and] Hikma will have exclusive rights to commercialize the product in the US.” The agreement also provides that “Hikma with a first-right-to

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Licensing Intellectual Property 52

Velocity of Content

AUGUST 30, 2021

“That morning was a little crazy,” Guy LeCharles Gonzalez remembers. June 10, 2021, he tells CCC’s Chris Kenneally , started like many others, and then, the day took a surprising turn. “I had gotten up as usual, probably right before 7:00, laid in bed for a little bit, got up and started getting ready. Just as I was leaving the bathroom, I was turning the faucet off, and my fingers started to feel a little numb.

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Copyright 52

LexBlog IP

AUGUST 30, 2021

IPNews® – On August 27, 2021, McDonald’s filed a trademark opposition against a trademark application for McFungi. The McFungi company filed the trademark application based on intent to use the trademark in relation to games and apparel. In its filing, the McDonalds states that registration of McFungi would create a likelihood of confusion among consumers.

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Trademark Registration Intellectual Property 52

Chicago IP

AUGUST 30, 2021

The Membership Committee of the Intellectual Property Law Association of Chicago (IPLAC) is hosting the first of several informal happy hours on September 2, 2021 from 5:00 p.m. to 7:00 p.m. at George St. Pub in the East Lakeview neighborhood, 2858 N. Halsted St., Chicago, IL 60657. Food and drinks will be available for purchase. The event is free for Members and $15.00 for Non-Members.

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Intellectual Property Law Intellectual Property Law 52

LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO. Most of the AI components have experienced explosive growth in the past decade, especially in the areas of planning/control and knowledge processing (e.g., using big data in automated systems).

Invention 52

Invention Patent Privacy Inventor 52

IP Law 360

AUGUST 30, 2021

The Second Circuit on Monday rejected a move to impose $150 million in sanctions against six Chinese banks over allegations that they enabled the sale of counterfeit Nike and Converse products by flouting U.S. court orders.

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