Plagiarism Today
AUGUST 18, 2021
Yesterday, Epic Games, the company behind the wildly-popular game Fortnite , announced the launch of a new game mode for its crown jewel: Imposters. However, almost immediately after the new mode was announced, gamers began to draw similarities and comparisons to another extremely popular video game , Among Us. For gamers and journalists, the similarities were obvious.
TorrentFreak
AUGUST 18, 2021
With in excess of 500 million monthly active users, messenging platform Telegram is a true internet giant. According to co-founder Pavel Durov, it was the world’s most downloaded app in January 2021 and is supported by a userbase that’s grown by 40% every year since its launch in 2013. Alongside millions of regular users, Telegram is also utilized by some as a way to access pirated content.
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Technology & Marketing Law Blog
AUGUST 18, 2021
In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. That primer proved to be quite popular, and I posted annual updated versions in summer 2019 and 2020. The passage of the California Privacy Rights Act (CPRA) in November 2020 necessitated a complete revamp. However, I needed some recovery time to get past the pain of California voters’ bad decision, plus carefully parsing the CPRA is one of life’s joyless tasks that begs for p
IP Watchdog
AUGUST 18, 2021
In recent days, both Google and Apple have lost big patent cases. On August 13, Apple lost a $300 million jury verdict to PanOptis. Also on August 13, Google was found to infringe five Sonos patents at the International Trade Commission (ITC) in an initial determination by Judge Charles E. Bullock, which, if upheld by the full Commission, would block the importation of Google hardware, including Chromecast and Pixels.
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
AUGUST 18, 2021
For roughly two decades, copyright holders have been sending notices to ISPs, alerting them that subscribers are sharing copyrighted material. Under the DMCA, providers must terminate the accounts of repeat infringers “in appropriate circumstances” but actual disconnections are relatively rare. Many copyright holders would like to see ISPs handle things differently, something which has led to a list of lawsuits that continues to expand every year.
JD Supra Law
AUGUST 18, 2021
In our first part of this series, we provided a brief primer on patents. For the second part of our Intellectual Property series, we take a look at trademarks. Trademarks are not generally considered "technology", but the U.S. Patent and Trademark Office ("PTO") is charged with administering them along with patents. Certainly, technology startups must be aware of both of these types of Intellectual Property.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Nelligan Law
AUGUST 18, 2021
When experiencing harassment or bullying in the workplace, it may feel like there is no way out. Thankfully, the law in Ontario provides safeguards to ensure that individuals do not have to tolerate this type of work environment. Employees have a right to a workplace free from harassment and bullying. Ontario’s Human Rights Code (Code). Read more » The post When bullying and harassment in the workplace becomes too much, what are my options?
IP Watchdog
AUGUST 18, 2021
Kennedy Lenart Spraggins LLP has an opening for a registered U.S. patent attorney, patent agent, or a technical advisor to join our growing practice in a full-time role. Primary responsibilities will include preparing and prosecuting patent applications. Requirements for an ideal candidate include a B.S. or higher degree in computer science, computer engineering, or electrical engineering and at least two years of patent preparation and prosecution experience.
JD Supra Law
AUGUST 18, 2021
Petunia Products, Inc. owns the BROW BOOST ® trademark, under which it sells a “Billion Dollar Brows” eyebrow primer and conditioner. Petunia recently asserted trademark infringement claims against a skin care products company, which Petunia alleges infringed on its BROW BOOST mark in connection with the name of its product that competes with Petunia’s product, and by using the hashtag #BROWBOOST on social media to promote its product.
IPilogue
AUGUST 18, 2021
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (5-8 positions). It is expected that the majority of the work done by students will relate to patent law.
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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
AUGUST 18, 2021
In October 2020, as reported in a previous Cooley alert, the US Court of Appeals for the Federal Circuit reinstated a jury’s verdict that Teva infringed GSK’s patented method of using its Coreg drug product, even though Teva’s product was initially launched with a skinny label that carved out the infringing method. See GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., No. 2018-1976 (Fed.
IP Watchdog
AUGUST 18, 2021
On August 13, the U.S. Court of Appeals for the Federal Circuit issued a decision in In re: DISH Network L.L.C. in which the appellate court denied a petition for mandamus relief stemming from another appeal of a denial to transfer venue entered by U.S. District Judge Alan D. Albright of the Western District of Texas. Although the Federal Circuit avoided the entry of mandamus relief directing Judge Albright to grant Dish Network’s motion to transfer, the appellate court voiced its expectation th
JD Supra Law
AUGUST 18, 2021
On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,127 (which names ToolGen as Senior Party), asking the Patent Trial and Appeal Board for benefit of priority to U.S. Provisional Application No. 61/652,086, filed May 25, 2012 ("P1"), U.S.
Nelligan Law
AUGUST 18, 2021
Reading Time: 3 minutes When experiencing harassment or bullying in the workplace, it may feel like there is no way out. Thankfully, the law in Ontario provides safeguards to ensure that individuals do not have to tolerate this type of work environment. Thankfully, the law in Ontario provides safeguards to ensure that individuals do not have to tolerate this type of work environment.
Likelihood of Confusion
AUGUST 18, 2021
As you can imagine, the power vested in a court by this law can only be used for good. or evil. And in this Second Circuit appeal of a matter in which our office was brought in after the entry of a judgment by the district court, we argue that it was not so good what the judge did. The post End-run around the USPTO appeared first on LIKELIHOOD OF CONFUSION™.
LexBlog IP
AUGUST 18, 2021
“Five Rs” To Remember When Letting Employees Go. It is inevitable in almost every business. You will need to let an employee go. Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct.
43(B)log
AUGUST 18, 2021
This Ain't Goya spice blend. Suppose the makers sought registration for this as a trademark for spice blends. Would prohibiting registration violate the First Amendment? [link].
IP and Legal Filings
AUGUST 18, 2021
Today, we live in a wired world. As a result, constant and resolute technological advancements have immensely changed the dynamics of the relationship between technology and laws. One area of law that has been undergoing constant amendments due to changing technologies are patent laws. The recent years have observed a stark increase in the use of AI systems in various industries.
Patently-O
AUGUST 18, 2021
Event : I am looking forward to presenting a new project at the annual BYU Copyright Symposium on Thursday, August 19, 2021. The event is online and free, but you must register first. My co-author and co-presenter is Dr. Homayoon Rafatijo who has been a Chemistry professor and also finishing his JD this semester. Our paper criticizes the Supreme Court’s sovereign immunity decision in Allen v.
IAM Magazine
AUGUST 18, 2021
Several key senators have asked the USPTO to carry out a study on small claims courts to ascertain whether these would be a suitable venue for patent rights. The study raises the question of whether China’s new internet courts could be a useful model.
JD Supra Law
AUGUST 18, 2021
On August 12, 2021, United States District Court Colleen McMahon (S.D.N.Y.) denied Plaintiff GeigTech East Bay LLC’s (“GeigTech”) motions for a preliminary injunction and to dismiss Defendant Lutron Electronics Co., Inc.’s (“Lutron”) counterclaims, and sua sponte stayed the case until the end of the year pending post grant review of a related patent.
43(B)log
AUGUST 18, 2021
Miyoko's Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases “butter,” “lactose free,” “cruelty free,” and “revolutionizing dairy with plants.” The state’s initial attempt to regulate Miyoko’s website (which had images of cows), not just its label, was concededly beyond its statutory authority
JD Supra Law
AUGUST 18, 2021
Entrepreneurs are always looking for the next big idea, something that doesn't exist yet. The next Facebook. The next Uber. The next Netflix. But the reality is that the next million dollar idea is a company that simply solves a problem that exists in the world. And for CEO Jonathan Kite, he saw that turnover at apartment complexes was too complicated - the painting, the carpeting, the deep cleans - and he set out to solve that one problem.
Corsearch
AUGUST 18, 2021
The global pharmaceutical industry is responsible for the research, development, production, and marketing of medicines and t oday it is booming. As of 20 20 , the total global pharmaceutical market was valued at about $ 1. 27 trillion and has seen exponential growth over the last twenty years , when it was valued at some $ 390 billion in 2001. Market value is expected to exceed $2.1 trillion by 202 7.
Kluwer Copyright Blog
AUGUST 18, 2021
In retrospect, life was simple in 1996, the year that gave us the Database directive and its much-maligned sui generis right aimed at promoting a European database industry. Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. At the same time, there is a flush of policy initiatives, laws and legislative proposals that either problematize or downplay the importance of intellect
JD Supra Law
AUGUST 18, 2021
VALVE CORPORATION v. IRONBURG INVENTIONS LTD. Before Newman, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the reference to nearly identical copies in the prosecution histories of the challenged patents.
IP Law 360
AUGUST 18, 2021
An administrative law judge at the U.S. International Trade Commission ruled Wednesday that lamps and other devices manufactured by a New Jersey lighting company infringe two Cree Inc. patents that cover LED lighting bulbs.
JD Supra Law
AUGUST 18, 2021
PersonalWeb Technologies LLC v. Google LLC, Appeal Nos. 2020-1543, -1553, -1554 (Fed. Cir. Aug. 12, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s judgment on the pleadings that the claims of three patents owned by appellant PersonalWeb were invalid as patent-ineligible under 35 U.S.C. § 101.
Velocity of Content
AUGUST 18, 2021
CCC is pleased to announce that Catherine Zaller Rowland has joined CCC as General Counsel. Additionally, Alastair Adam , Kelly Lake , and Nothando Migogo have been appointed to our Board of Directors. Rowland has held a range of positions in the private sector and federal government, including most recently as Associate Register of Copyrights and Director of the Office of Public Information and Education at the U.S.
JD Supra Law
AUGUST 18, 2021
In a significant recent decision, the Federal Circuit reversed a $66 million judgment against L’Oreal USA, Inc. for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of L’Oreal and Olaplex entering into negotiations regarding a potential acquisition, pursuant to which Olaplex shared with L’Oreal its confidential information,….
Indiana Intellectual Property Law
AUGUST 18, 2021
Ft. Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. (together with Phoenix “Giant Eagle” or “Plaintiffs”) for its use in connection with its getGo® Convenience Stores. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks.
JD Supra Law
AUGUST 18, 2021
In Omni MedSci, Inc. v. Apple Inc., the Federal Circuit held that language the inventor agreed to via his employment agreement “did not effectuate a present automatic assignment of [his] patent rights.” The issue arose in the context of a motion to dismiss a patent infringement suit for failing to be brought by the patent owner. After finding the inventor had not automatically assigned his rights to the unnamed party, the Federal Circuit affirmed the district court’s denial of the motion to.
IP Law 360
AUGUST 18, 2021
U.S. Patent and Trademark Office senior counsel Coke Stewart, who has been doing the work of the agency's deputy director, is leaving for a new job at Regent University School of Law in Virginia, the USPTO said Wednesday.
JD Supra Law
AUGUST 18, 2021
District Court’s Pleading Standard Returns an Error Code in PS4 Battle - In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement allegations were not plausible because they tracked the claim language too closely presented an overly burdensome pleading standard.
LexBlog IP
AUGUST 18, 2021
Over 1,000 Australian innovation patent applications were filed in July – an all-time record, ahead of 768 applications in June and 692 in May. Between 2010 and early 2020, there were typically between 100 and 200 innovation patent applications filed each month. But with the system set to close to new applications from 26 August 2021 , filings have surged over the past year, with over 600 applications every month since October 2020 (with the exception of February 2021, when ‘onlyR
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