Plagiarism Today
OCTOBER 19, 2021
The South Korean drama series Squid Game has been making headlines all over the world. Deemed by Netflix to be its “biggest-ever series launch” , the series has become a global phenomenon, being viewed by over 111 million accounts in the first month alone. However, the runaway success of the show has not prevented it from being the center of some controversy.
TorrentFreak
OCTOBER 19, 2021
Last week, Hollywood’s Motion Picture Association (MPA) shared its annual overview of “notorious markets” with the US Trade Representative (USTR). This list typically includes examples of pirate sites and services. However, it goes further than that, as third-party intermediaries are called out as well. Notorious Domain Registries?
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Plagiarism Today
OCTOBER 19, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cher sues Mary Bono Over Sonny & Cher Song Royalties. First off today, Blake Brittain at Reuters reports that the musician Cher has filed a lawsuit against Mary Bono, the widow of Cher’s late music partner Sony Bono, to try and prevent the Bono estate from terminating her rights to the duo’s music.
IP Watchdog
OCTOBER 19, 2021
During a hearing of the Senate Judiciary Committee’s IP Subcommittee today, Senators Chris Coons (D-DE) and Mazie Hirono (D-HI) were the only senators present to question the Pride in Patent Ownership Act’s (PPOA’s) approach to penalizing patent owners who fail to record accurate ownership information within 90 days after the issuance date. The hearing included testimony from four witnesses on the topic of the PPOA introduced by Senators Patrick Leahy (D-VT) and Thom Tillis (R-NC) in September.
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
OCTOBER 19, 2021
In recent years, Italian authorities investigating IP crime have committed significant resources to the ongoing problem of pirate IPTV services. From being part of the operation that shuttered software platform Xtream-Codes to the closure of a service that was allegedly responsible for the supply of 80% of the country’s ‘illegal transmissions’, Italy has been pushing hard against all players in the ecosystem.
IP Watchdog
OCTOBER 19, 2021
Friday, October 15, marked the final day of the public comment period for the U.S. Patent and Trademark Office’s patent eligibility jurisprudence study. By the close of the comment period, 43 public comments were submitted from entities with very different viewpoints on the U.S. patent system. Public comments will be used to determine how the current state of Section 101 patent eligibility case law is impacting investment in U.S. innovation.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Velocity of Content
OCTOBER 19, 2021
In 1976, after almost 20 years of informal and then formal meetings among various groups of stakeholders (publishers, creators, and users of text-based materials, including public libraries and private research libraries, as well as parallel groups across music, motion pictures and other copyright fields) and then with members of Congress, the Copyright Act of 1976 was passed by Congress and signed into law by President Gerald Ford.
The Illusion of More
OCTOBER 19, 2021
In an excellent post on the blog Librarian Shipwreck, the author reminds us to take a more expansive view of the so-called Facebook problem. The article lands direct hits on most of the big nails (for instance, that we cannot trust Facebook to fix Facebook), but perhaps its most critical observation is the one about […]. The post On Fixing Social Media: Why Fear Unintended Consequences?
JD Supra Law
OCTOBER 19, 2021
Anywhere operations is an operating model which enables businesses to reach customers anywhere, enable employees anywhere, and deliver services anywhere. According to Gartner’s report on Top Strategic Technology Trends for 2021, “Anywhere Operations” is a trend that has immense disruptive potential and sets the stage for business model innovation over the next two to three years.
IP and Legal Filings
OCTOBER 19, 2021
IP filing has been increasing day by day with more industries getting more aware of its importance. If we see the trends of filing of patents , we will notice that more than 28000 applications were filed of which around 15000 patents were being granted as per the data available. Comparing the trend from previous years, the filing has been in an increasing trend which shows how industries and companies are getting aware of the rights of the filing of the patents.
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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
OCTOBER 19, 2021
On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") filed its Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), contingent on the Board's grant of Broad's Substantive Preliminary Motion No. 1 to substitute (in part) a new Count No. 2 in place of Count 1 in the '126 Interference as instituted (see "Broad Files Substantive Preliminary Motion No. 1 in CRISPR Interference").
IP Close Up
OCTOBER 19, 2021
Publication of a patent filing from Apple suggests the company could be working on a ‘expandable’ phone design with a rollable screen. The patent indicates Continue reading.
Technology & Marketing Law Blog
OCTOBER 19, 2021
Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * *. This opinion addresses a venerable issue in Internet Law: can a website control how visitors see its web pages? I first remember this issue flaring up in the late 1990s when Third Voice , a browser plug-in, let users write commentary “over” third-party websites.
Patently-O
OCTOBER 19, 2021
By Jonas Anderson , Paul Gugliuzza , and Jason Rantanen. This is the first 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. There has been a lot of talk recently about the Federal Circuit and mandamus. Our current research project aims to answer whether the Federal Circuit is an outlier among the circuit courts in its use of mandamus, and if so, what exp
The TTABlog
OCTOBER 19, 2021
The USPTO refused registration of the mark ICY (stylized) on the ground of likelihood of confusion with the registered mark ICEE , for overlapping clothing items (sweatshirts). So it all boiled down to the marks. Applicant American Branding failed to show that the cited mark is weak, either inherently or conceptually. However, it further maintained that the marks engender different commercial impressions.
IP Law 360
OCTOBER 19, 2021
The Walt Disney Co. urged a California federal judge at a hearing on Tuesday to find that the "Pirates of the Caribbean" film franchise didn't crib from two screenwriters, saying evidence produced by competing experts after the Ninth Circuit revived the case shows there's no substantial similarity between the works.
IP Watchdog
OCTOBER 19, 2021
Typically, patent examiners are the prominent decision-makers controlling whether patent applications are allowed. However, Applicants have the power to change who controls these decisions. For example, each Examiner’s Answer must be approved by a supervisory examiner, so filing an Appeal Brief results in the supervisory examiner reviewing the rejections at hand, the appellant’s arguments, and the examiner’s responses to the appellant’s arguments.
IP Law 360
OCTOBER 19, 2021
Intellectual Ventures sued General Motors, Toyota and Honda in Texas federal court Tuesday, accusing them of selling cars with internet-equipped features that infringe a slew of the company's patents.
Garrigues Blog
OCTOBER 19, 2021
If you have a start-up or an established business and wantto safeguard the trademark you have created and registered, when faced with infringement of the trademark in Portugal you should follow five rules: anticipate and act quickly; conduct a thorough investigation with support from a professional monitoring service; secure evidence of the infringement; work with your IP lawyer to understand the best possible options and scenarios for an agreement or. weigh up and anticipate what a litigation c
IP Law 360
OCTOBER 19, 2021
An Israeli technology startup that accused Amazon of playing on Jewish stereotypes to bias a jury and defeat patent infringement claims won't be getting a new trial, a Texas federal judge said at a hearing Tuesday, adding he was "extremely offended" by the allegations he found baseless.
JD Supra Law
OCTOBER 19, 2021
There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL.
IP Law 360
OCTOBER 19, 2021
As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.
JD Supra Law
OCTOBER 19, 2021
Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new constitutional challenges to the structure and funding of the Patent Trial and Appeal Board (the “Board”). Judge Newman concurred with the majority that the Board’s decision should be remanded for Director approval under United States v.
IP Law 360
OCTOBER 19, 2021
NBA star Giannis Antetokounmpo may have won the latest lawsuit over his "Greek Freak" trademark, but he won't be netting $100,000 in damages after a New York federal judge blocked his counterfeiting claims in the case on Monday.
JD Supra Law
OCTOBER 19, 2021
Precedential Federal Circuit Opinions KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2021-1638, 10/7/21) (Newman, Prost, Chen) - Chen, J. Denying motion for preliminary injunction. Patentee sought to compel defendant to seek dismissal of its instituted inter partes reviews.
IP Law 360
OCTOBER 19, 2021
A Florida photographer is suing the production company behind a popular true-crime podcast after its Twitter page displayed a photograph of Leona Helmsley, the late real estate mogul convicted of tax evasion, to promote a new spinoff on crimes that inspired episodes of "Law & Order: SVU.
Patently-O
OCTOBER 19, 2021
Guest Post by Sarah Burstein , Professor of Law at the University of Oklahoma College of Law. In an earlier post , Professor Crouch discussed the Federal Circuit’s recent decision in In re Surgisil. In that decision, the Federal Circuit recognized that 35 U.S.C. § 171 provides for the grant of patents for designs for articles of manufacture, not designs in the abstract.
IP Law 360
OCTOBER 19, 2021
A former "Key & Peele" showrunner is asking a California federal court to approve a proposed class of TV writers who allege that the Writers Guild of America West and Viacom subsidiaries did not pay them royalties for shows on streaming platforms.
IAM Magazine
OCTOBER 19, 2021
Continued impact of Samsung deal pushes Swedish company’s royalty take near $300 million – but executives warn upcoming re-negotiations could produce temporary disruption again.
IP Law 360
OCTOBER 19, 2021
Peloton urged a New York federal judge to deny class certification to a group of consumers alleging the stationary bike company lied about its "ever-growing" library of online fitness classes, saying Friday that a proposed lead plaintiff impersonated a lawyer and lied during his deposition.
LexBlog IP
OCTOBER 19, 2021
BI’s adalimumab biosimilar CYLTEZO (adalimumab-adbm) has recently been granted interchangeable status by the FDA. Although approved in August 2017, CYLTEZO is not scheduled to launch until July 1, 2023, pursuant to a settlement agreement with AbbVie arising from the Humira litigation. CYLTEZO is now the second interchangeable biosimilar approval granted by the FDA; as we previously reported , SEMGLEE received interchangeable approval in July 2021.
IP Law 360
OCTOBER 19, 2021
Streaming giants Netflix, Hulu and Disney are being sued in Texas and California federal court over allegations that their respective services infringe WAG Acquisition LLC's patented technology aimed at improving video streaming technology.
LexBlog IP
OCTOBER 19, 2021
Talkin’ about trade secrets! While other forms of protection such as patents, copyrights, and trademarks require upfront costs and disclosure of some sort, trade secrets do not. In this article we will examine a few of the benefits that trade secret protection offers. Benefit One – Trade Secrets Protect Information That Other Forms of IP Protection Do Not.
IIPRD
OCTOBER 19, 2021
In one of our previous pieces, we discussed about the IP audit. We discussed the basics of IP audit and how the industries need to understand the nitty-gritty of IP Audit. With intellectual property (IP) gaining prominence around the world, the impact that IP is making in the market is unfathomable. Probably with the large trend of IP awareness the companies are becoming more and more diligent in strictly making safeguarding their IP to the fullest.
LexBlog IP
OCTOBER 19, 2021
You can’t get away with misusing a celebrity’s good (or bad) name, or at least not for long. That name is worth something, and as such celebrities have people dedicated to maintaining it in the press and in any and all business spaces. You can fake an endorsement for a little bit, as we learned in the case of Sacha Baron Cohen , but eventually someone will find out, and the high-powered celebrity’s equally high-powered legal team will come for their pound of flesh, wherever you
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