Plagiarism Today
OCTOBER 21, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Spike Lee, Nate Parker Sued by Indie Filmmakers Over Copyright Infringement. First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay.
Erik K Pelton
OCTOBER 21, 2021
A lot of elements going into making our firm what we are and making it successful. More than just inputs and outputs, work and fees. The things that make up our firm as a whole include people, experience, education, practicing what we preach, and much more. We constantly nourish a feed each of these inputs to grown and evolve. We believe that makes what we offer to our clients unparalleled.
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Plagiarism Today
OCTOBER 21, 2021
Earlier this month, we discussed the case of West Liberty University and its President, W. Franklin Evans. Evans, who was hired for the job in November 2020, gave a freshman convocation speech to a mix of students and faculty on September 15. However, as the speech went on, it became clear that many of the words he was speaking were not his own and not attributed in the speech.
TorrentFreak
OCTOBER 21, 2021
Famously founded by Kim Dotcom a year after the 2012 shutdown of Megaupload, Mega has grown to become one of the most popular cloud storage sites online today. Dotcom is no longer involved with the platform but that hasn’t affected its growth. In its launch year Mega hosted just 0.6 million files but just 12 months later, that had grown to an impressive 3.6 billion.
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?
JD Supra Law
OCTOBER 21, 2021
AI - a rushing snowball - Human intelligence has developed over thousands of years. Meanwhile, AI, including deep learning algorithms, is the result of just a few decades of work and development. There is no doubt that this snowball cannot be stopped. Artificial intelligence already has a huge impact on key areas of the economy. It also raises a number of critical legal issues, including those relating to innovation and creativity, faced by states, regulators and competent authorities across the
TorrentFreak
OCTOBER 21, 2021
Tackling online piracy is a complicated endeavor that often starts by identifying the operators of infringing sites and services. This is also where the first hurdles come into play. Most pirate operations shroud themselves in secrecy and do all they can to remain anonymous. This starts with the domain name registration. The owner of every domain name on the Internet is required to supply personal information when they buy a domain.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
OCTOBER 21, 2021
Several copyright and licensing stories of interest have captured our attention during recent months. The Supreme Court of Canada issued its decision on July 30 th in the long running case of York University v. Access Copyright. The RRO in English-speaking Canada had sought to enforce a Copyright Board tariff against the University for its unauthorized distribution of copies of copyrighted materials to students, and the University had defended primarily on the basis of “fair dealing.
JD Supra Law
OCTOBER 21, 2021
Ransomware and other cybersecurity attacks have made national headlines during the past 12 months, and public pension systems are as susceptible to these attacks as any other organization. In this episode of Public Pensions & Investments Briefings, Thomas Dover and Ashley Dunning discuss the protections public pension plans can put in place today to ensure these kinds of data privacy attacks are kept at bay.
The IP Law Blog
OCTOBER 21, 2021
Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.
JD Supra Law
OCTOBER 21, 2021
On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed their Substantive Preliminary Motion No. 2 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the Patent Trial and Appeal Board to deny ToolGen benefit of priority to U.S. Provisional Application No. 16/717,324, filed October 23, 2012 ("P1"), pursuant to 37 C.F.R. §§ 41.121(a)(1)(ii) and 41.208(a)(3) and Standing Order ¶.
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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.
Patently-O
OCTOBER 21, 2021
By Jonas Anderson , Paul Gugliuzza , and Jason Rantanen. This is the final post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the Federal Circuit’s peculiar use of mandamus in patent cases specifically. The two previous posts can be found here and here. Even if a plaintiff has filed its case in a federal court in which personal jurisdiction and venue exist, 28 U.S.C. § 1404(a) permits the judge to transfer the case to another dist
JD Supra Law
OCTOBER 21, 2021
Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the….
Patently-O
OCTOBER 21, 2021
Hyatt v. Hirshfeld, 9 F.4th 1372, 1374 (Fed. Cir. 2021), opinion modified and superseded on reh’g , 2020-2321, 2021 WL 4737737 (Fed. Cir. Oct. 12, 2021) [ New Opinion ]. Earlier this month, the Federal Circuit released a revised opinion in the most recent edition of Hyatt v. Hirshfeld. The opinion originally released in August 2021 denied the USPTO’s petition to recoup expert witness fees under the “all the expenses” provision of 35 U.S.C. 145.
JD Supra Law
OCTOBER 21, 2021
Cosmokey v. Duo Security is more about the Federal Circuit than the patented authentication method accused of being a patent-ineligible abstract idea. The court’s analysis is remarkable for at least two reasons. It skipped Alice step one, and then conflated what should have been its step-one analysis with Alice step two. In the end, the court came to what I believe is the right result, that the subject matter is patent eligible, but it did so at the expense of sound reasoning and unfairly.
IPilogue
OCTOBER 21, 2021
This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! We are fortunate to welcome back our coaches from Bereskin & Parr LLP, including 2017 finalists Paul Blizzard & Denver Bandstra! Students on the team will also practice mooting with and receive direct feedback from various B&P associates and partners.
JD Supra Law
OCTOBER 21, 2021
The United States District Court for the District of Delaware recently held that claims covering methods for evaluating organ transplant rejection are invalid under 35 U.S.C. § 101. The patents at issue disclose methods to assess organ transplant rejection without the need for invasive biopsies. This is accomplished by detecting particular concentrations of donor cell-free DNA (cfDNA) in the blood of transplant recipients.
IP Law 360
OCTOBER 21, 2021
Sports-focused nonfungible token company Candy Digital said Thursday it's now valued at $1.5 billion after its Series A funding round as it seeks to continue building the official NFT platform for Major League Baseball.
IP Watchdog
OCTOBER 21, 2021
Harrity & Harrity, LLP is looking for superstar patent professionals to draft and/or prosecute patent applications for leading global technology companies, including numerous Patent 300® companies. This is a full-time, permanent, remote position in the United States. This position offers a flexible schedule with an eventual opportunity for reduced hours and internal growth.
IP Law 360
OCTOBER 21, 2021
AMCO Insurance Co. told an Illinois federal court Wednesday that it was right to deny coverage for a suit brought by a carryout pizza chain with more than 100 franchises along the East Coast against an Illinois pizzeria allegedly using its trademarks, saying the policy at issue excludes coverage for trademark infringement.
JD Supra Law
OCTOBER 21, 2021
The US Court of Appeals for the Federal Circuit affirmed the denial of a preliminary injunction that would have forced the accused infringer to seek dismissal of its petitions for inter partes review (IPR) based on a forum-selection clause in an earlier nondisclosure agreement (NDA). Kannuu Pty Ltd. v. Samsung Elects. Co, Ltd., Case No. 21-1638 (Fed.
IP Law 360
OCTOBER 21, 2021
Lil' Joe Records sued members of the hip hop group 2 Live Crew and the children of deceased group member Fresh Kid Ice on Thursday in Florida federal court after certain group members and the dead artist's heirs sought to claw back copyrights for dozens of the group's old songs.
JD Supra Law
OCTOBER 21, 2021
A split panel of the US Court of Appeals for the Federal Circuit concluded that the structure and functions of the Patent Trial & Appeal Board (PTAB) survived yet another constitutional challenge, this time based on the PTAB’s fee and compensation structure, lack of director review over the institution decision and applicability of the Takings Clause.
IP Law 360
OCTOBER 21, 2021
A federal judge won't stop Vermont Law School from covering controversial murals depicting American slavery, saying the school's plan to build a wooden frame concealing them is akin to putting a painting in storage, rather than a modification of the work itself.
JD Supra Law
OCTOBER 21, 2021
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
IP Law 360
OCTOBER 21, 2021
The Second Circuit will consider next week whether copyright law preempts claims by lyrics website Genius that Google misappropriated content for the tech giant's search results. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
JD Supra Law
OCTOBER 21, 2021
The US Court of Appeals for the Federal Circuit updated its earlier opinion to remove language ascribing motive to a prolific inventor’s actions before the US Patent & Trademark Office (PTO). Hyatt v. Hirshfeld, Case Nos. 020-2321; -2325 (Fed. Cir. Aug. 18, 2021) (modified Oct. 12, 2021) (Hughes, J.).
IP Law 360
OCTOBER 21, 2021
The Federal Circuit on Thursday transferred Broadband iTV's patent suit against Dish Network from the Western District of Texas to Colorado, in a case in which the appeals court had all but told Judge Alan Albright to approve the transfer this summer.
JD Supra Law
OCTOBER 21, 2021
The US Court of Appeals for the Federal Circuit affirmed a lower court’s findings of noninfringement, in part because the plaintiff had failed to prove the “way” element of the function-way-result test for a first means-plus-function claim, and because the specification lacked disclosure of a structure for the “way” to perform a second means-plus-function claim.
Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 21, 2021
Fish & Richardson has helped three China-based manufacturers and sellers of commercial catering equipment secure a rare victory in an International Trade Commission investigation brought against them. On October 14, 2021, the ITC voted to affirm that no violation of Section 337 occurred and to terminate the investigation. The ITC held that the complainants had failed to show substantial injury to a domestic industry.
LexBlog IP
OCTOBER 21, 2021
Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same.
JD Supra Law
OCTOBER 21, 2021
The Technical Board of Appeal (“TBA”) No. 3.3.02 has now formally referred questions to the Enlarged Board of Appeal (“EBA”) to determine whether post-published data should always be disregarded in the assessment of inventive step when the application as filed does not make it plausible that the technical effect relied upon is obtained.
LexBlog IP
OCTOBER 21, 2021
Tucker Attorneys Mike Cassidy and Jerry Russo have been named as presenters for the Pennsylvania Bar Institute (PBI) 2022 Health Law Institute. They will be presenting a program entitled “Federal Telehealth Enforcement: Policy Through Prosecution” Stay tuned for more information on this PBI Health Law Institute program as the date draws nearer.
IP and Legal Filings
OCTOBER 21, 2021
In one of the previous pieces, we discussed the importance of registering into Startup India for getting into DPIIT recognition and its various benefits. The benefits of the DPIIT recognition are enshrined in our previous piece. Startups are the new normal. Thousands of startups are coming to India boosting the economy at the max. The government of India is increasingly announcing policies that are helping the startup in getting a more convenient approach concerning registration and other formal
LexBlog IP
OCTOBER 21, 2021
Sheppard Mullin’s Esports and Games Industry Team is pleased to share our whitepaper on Esports Media Rights, in partnership with and co-written by FTI Consulting, a leading global business advisory firm. In this whitepaper, we review the current state of the marketplace; identify the myriad of challenges underpinning the current esports and competitive gaming industry; analyze the inherent monetization obstacles as compared to traditional sports; and offer key insights and proposed soluti
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
On Day 1 of the event dated 6th of September, The topic for the day- “Intellectual property rights: general overview” by Hon’ble VC, Professor (Dr.) Biswajit Ghosh , The Neotia University, West Bengal, India Patent Attorney, India. The welcome address was delivered by Dr. Rakesh Kumar Singh, Associate Dean, school of legal studies, the Neotia Univesity, West Bengal, India.
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