Tue.Sep 21, 2021

article thumbnail

3 Count: Embedding Battle

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Instagram Dodges Photogs’ Copyright Lawsuit Over Embedding Feature. First off today, Blake Brittain at Reuters reports that a San Francisco court has dismissed a class action lawsuit against Instagram filed by a group of photographers that alleged Instagram committed widespread copyright infringement through the use of its embed function.

Copyright 203
article thumbnail

How to Water Your Brand for Growth

Erik K Pelton

A plant needs water to grow. What does a brand need for growth? Listen as former USPTO trademark examiner Erik Pelton shares the five key elements to watering a brand for growth. The post How to Water Your Brand for Growth appeared first on Erik M Pelton & Associates, PLLC. A plant needs water to grow. What does a brand need for growth? Listen as former USPTO trademark examiner Erik Pelton shares the five key elements to watering a brand for growth.

Branding 124
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Disney+ ‘Behind the Attraction’ Accused of Plagiarism

Plagiarism Today

In July 2019, YouTuber James St. Onge published a video to his YouTube Channel Art of Engineering explaining the inner workings of the Disney’s Tower of Terror thrill ride. As part of that video, he created several engineering drawings that illustrated both the layout and the various systems that the attraction uses to pull off its effects. In July 2021, Disney debuted a new series entitled Behind the Attraction , which among its initial episodes, featured their own episode about the attra

article thumbnail

New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense

IP Watchdog

Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents.

Inventor 138
article thumbnail

Software Composition Analysis: The New Armor for Your Cybersecurity

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?

article thumbnail

RLSLOG: Pirate Release Blog Pioneer Throws in the Towel After 15 Years

TorrentFreak

Founded in 2006, RLSLOG.net was one of the pioneers of the ‘release blog’ format. When it first launched, visitors were able to read about the latest pirate releases, who had placed them online and, importantly, what the files were called. Unlike so-called ‘pre databases’ that displayed only raw information, new releases on RLSLOG were presented in an article format with comments on the quality, source (such as DVDSCR or the now largely defunct Telecine), runtime, IMDB rating and for

Blogging 130
article thumbnail

Pride in Patent Ownership Act

Patently-O

by Dennis Crouch. A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. The bill pushes this pride by requiring patent owners to record their ownership with the kicker that those who fail to record lose their right to punitive damages for any infringement that occurs prior to recordation.

Ownership 128

More Trending

article thumbnail

Creator Spotlight with Composer/Musician Ernie Mansfield

Copyright Alliance

This week we would like to introduce you to Composer and Musician Ernie Mansfield. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? […]. The post Creator Spotlight with Composer/Musician Ernie Mansfield appeared first on Copyright Alliance.

Copyright 107
article thumbnail

The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For Private Sector Privacy Law Reform

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on September 15, 2021. On September 7, 2021, the Office of the Information and Privacy Commissioner of Ontario (IPC) issued its response to the Ontario government’s white paper on proposals for a provincial private sector privacy law, as previously reported by the E-TIPS® Newsletter here.

Privacy 105
article thumbnail

Federal Circuit Vacates Judgment, Reinstates Jury's Verdict of Induced Infringement

JD Supra Law

Background - On August 5, 2021, the Federal Circuit issued an opinion in GlaxoSmithKline v. Teva Pharmaceuticals, Case No. 18-1976, in favor of GSK, finding that Teva was liable for inducing infringement of GSK's patent. This decision reversed the grant of judgment as a matter of law ("JMOL") that was entered by the trial court below and reinstated the jury's verdict for GSK.

Law 104
article thumbnail

Apple Must Face 'Austin Powers' Copyright Suit, Judge Says

IP Law 360

A Manhattan federal judge is refusing to let Apple Inc. make an early escape from a copyright lawsuit filed by a German man who says he's the owner of the film "Austin Powers: International Man of Mystery.

article thumbnail

IPO Diversity in Innovation Toolkit

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.

article thumbnail

Building resilience into the digital transformation process

JD Supra Law

Worldwide spending on digital transformation technologies and services increased by as much as 10% in 2020, reaching $1.3 trillion. The pace of technology adoption continues to increase around the world, and in the words of Microsoft CEO Satya Nadella, “every company is now a software company”.

article thumbnail

AI Can't Be Patent Inventor In UK, Appeals Court Rules

IP Law 360

An appeals court ruled Tuesday that an artificial intelligence machine cannot be listed as an inventor on a patent application, saying only a "person or persons" are allowed under British law, in a landmark judgment in a worldwide battle over the technology.

article thumbnail

FDA Approves Biosimilar Drug for Treating Macular Degeneration

JD Supra Law

The U.S. Food and Drug Administration approved the first biosimilar drug for treating macular degeneration under the provisions of the Biologics Price Competition and Innovation Act (BPCIA, codified at 42 U.S.C. § 262) as part of the Affordable Care Act of 2010 (colloquially known as "Obamacare"). The drug is Byooviz (ranibizumab-nuna), a biosimilar to Genentech's Lucentis®, and like Lucentis® has been approved for treating several eye diseases and conditions.

98
article thumbnail

TCL obtains audio, video patents from Philips in rare external acquisition

IAM Magazine

In latest sale to Chinese firm, Philips assigns portfolio of varied technologies – but litigation between the two has so far been unaffected.

article thumbnail

Trademark scammer gets the slammer!

JD Supra Law

On September 15, 2021, the United States District Court for the District of South Carolina imposed significant penalties on a defendant who defrauded thousands of trademark registration holders. The imposition of such penalties is exceptionally rare - there are only a handful of cases where criminal charges resulting in a significant prison sentence have been brought against trademark scammers.

article thumbnail

Reasons for an EBA referral on plausibility, post-published evidence and problem-solution

The IPKat

As recently reported here on IPKat , we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ).

article thumbnail

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

JD Supra Law

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone else owns the exclusive right to display it under the Copyright Act. But your story will not make sense if your readers cannot see the image or video.

article thumbnail

China is Succeeding in Small Claims Courts for Intellectual Property; Will The U.S. Follow?

IP Close Up

Several U.S. senators recently requested that the USPTO conduct a study regarding the feasibility of establishing a small claims court expressly for patent cases. The Continue reading.

article thumbnail

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

JD Supra Law

We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

93
article thumbnail

Peer Review, a Critical Step in Scholarly & Scientific Publishing

Velocity of Content

(Disclaimer: I’m not a scientist, nor have I have ever edited or peer-reviewed a scientific paper, although in my background research for this post I communicated with several colleagues who do fulfill such descriptions. My degrees are in History, which is may be done as social science or as a form of literature, or both, depending on how you go about it.).

article thumbnail

Amazon Beats Inventor's Internet Of Things Patent Suit

IP Law 360

An Arizona federal judge has ruled against an inventor claiming that Amazon's "internet of things" interface infringed his patents on how to apply swarm intelligence to microchip processing, finding that the patents cover nothing more than abstract ideas.

article thumbnail

Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect

IP Watchdog

On September 17, the United States Court of Appeals for the Third Circuit issued a precedential decision that affirmed in part, reversed in part, and remanded a decision by the District Court for the District of New Jersey, holding that trademark cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) do not preclude infringement claims in federal district court.

article thumbnail

Software Co. To Wind Down After $62M Trade Secret Verdict

IP Law 360

Software developer Expedien filed for Chapter 7 bankruptcy late Monday in Texas, opting to wind down its business in the wake of a $62 million judgment against it and another company for conspiring to steal the trade secrets of apartment rental software company ResMan LLC.

article thumbnail

IPWatchdog LIVE ‘Jurassic Patents’ Panel Explores Patenting Challenges for Life Sciences Innovation

IP Watchdog

On the final day of IPWatchdog LIVE last week, a panel titled “Jurassic Patents: Genetic Engineering and the Future of Life Science Innovation,” moderated by president and CEO of the PCT learning center and founding partner of Berenato & White, John White, examined the challenges of patenting discoveries in the life sciences in light of recent legal developments.

Patent 64
article thumbnail

Sorare Raises $680M For Fantasy Soccer And NFT Platform

IP Law 360

Sorare, which weds fantasy soccer with nonfungible token collectibles, said Tuesday it had raised a whopping $680 million in a Series B financing led by SoftBank that the company said will fuel its ambitions to create a "sports entertainment giant.

74
article thumbnail

Latest Federal Court Cases - September 2021 #3

JD Supra Law

Omega Patents, LLC, v. CalAmp Corp., Appeal Nos. 2020-1793, -1794, (Fed. Cir. Sept. 14, 2021) - In its only precedential patent case this week, the Federal Circuit sent a case back for a third trial on the issue of damages. This appeal comes after the second jury trial, in which Omega accused CalAmp of infringing claims of four of its patents. In the prior appeal and the instant appeal, the Court affirmed on the underlying issues of infringement and validity.

Patent 62
article thumbnail

Low Payout On Napster Deal Sinks Most Of $6.1M Fee Bid

IP Law 360

A federal magistrate judge on Monday recommended awarding Michelman & Robinson LLP far less than the $6.1 million in attorney fees it had sought for helping songwriters reach a settlement in their royalties case against Napster, citing the "jaw-dropping disparity" between the amount the firm claimed it recovered and the amount Napster paid out.

article thumbnail

Contract remedies again prove broader than false advertising for pandemic-related suits

43(B)log

In re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), F.Supp.3d -, 2021 WL 790638 (S.D.N.Y. Feb. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the pandemic. “The cases are not formally consolidated, but the Court addresses the two motions together because they raise similar issues.

article thumbnail

How Judge Albright's Transfer Denials Riled The Fed. Circ.

IP Law 360

The Federal Circuit has issued numerous rulings taking busy Western District of Texas Judge Alan Albright to task for refusing to transfer patent cases elsewhere. Here's a look at the issues the appeals court says the judge got wrong when deciding to hold onto cases.

article thumbnail

Small Changes to Tech-Background Requirement to become a Patent Attorney

Patently-O

by Dennis Crouch. All of us who represent clients in patent cases before the USPTO share a common background. We all have a background in science or technology and we have all passed the registration exam (and paid the accompanying fees). The USPTO offers three ways to show sufficient background in science or technology: Category A: A university degree in science or engineering; Category B: Sufficient university coursework in science or engineering; or.

Patent 63
article thumbnail

Taiwan firm’s latest patent sale hints at NPE demand for 5G patent rights

IAM Magazine

Assertion of rights branded as essential to 5G is already underway in US courts, and Longhorn IP is the latest big-name patent asserter to make a deal with a standards-focused lab.

Patent 52
article thumbnail

Northern District of Illinois Holds That a Biosimilar Applicant Is Not a Necessary Party to a BPCIA Lawsuit

Bio Law Blog

On Aug. 23, 2021, the U.S. District Court for the Northern District of Illinois denied Alvotech hf.’s motion to dismiss AbbVie’s biosimilar lawsuit involving its blockbuster arthritis drug, Humira. AbbVie Inc. et al. v. Alvotech HF , No. 21 C 2258, 2021 WL 3737733, at *1 (N.D. Ill. Aug. 23, 2021). AbbVie filed the lawsuit against Alvotech hf. in April 2021, asserting infringement of four patents and seeking injunctive relief.

article thumbnail

Should a lawyer follow the judge’s misdirection?

IAM Magazine

Judges and lawyers should always act in accordance with the rule of law, as highlighted in a recent preliminary injunction decision involving a disputed patent, where a judge made a momentary mistake and provided incorrect guidance.

Law 52
article thumbnail

Can You Register a Copyright on a Website or Web Page?

LexBlog IP

Suppose that you have expressed your idea into a tangible form such as a website or web page. Although your copyright exists upon the moment of creation, do you have a valid copyright on the website or web page? Should you register your copyright on the website or web page with the U.S. Copyright Office? The answer is YES! Under 17 U.S.C. § 102(a), Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now kn

article thumbnail

Should a lawyer follow the judge’s misdirection?

IAM Magazine

Judges and lawyers should always act in accordance with the rule of law, as highlighted in a recent preliminary injunction decision involving a disputed patent, where a judge made a momentary mistake and provided incorrect guidance.

Law 52