Hugh Stephens Blog
DECEMBER 21, 2021
It seems as if it was only a few weeks ago that I was writing a similar summary for 2020, the “annus horribilis” when COVID first hit us, but in fact it was 51 weeks ago yet many of the same pandemic and copyright-related issues that I wrote about last year are still with us, … Continue reading "Some Copyright Highlights in 2021-Around the World and in Canada?
TorrentFreak
DECEMBER 21, 2021
One of the key anti-piracy strategies of the movie and TV show industries is site blocking, whereby internet service providers are compelled via court order to deny subscriber access to specified domains. Due to limited transparency, it is difficult to say exactly how many domains are blocked by ISPs in the UK but they could run into the thousands after more than a decade of legal action.
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Erik K Pelton
DECEMBER 21, 2021
Building strong and protected brand names begins with developing creative names. In this episode Erik reveals several tips for brainstorming brand names and trademarks. The post Tips for Brainstorming New Business and Brand Names appeared first on Erik M Pelton & Associates, PLLC. Building strong and protected brand names begins with developing creative names.
TorrentFreak
DECEMBER 21, 2021
Next month, a full decade will have passed since the file-storage empire of Kim Dotcom collapsed after Megaupload became the prime target in a high profile law enforcement operation. Despite all the time that since passed, the New Zealand-based entrepreneur and his former colleagues are still waiting to hear whether they will be extradited to the US where a criminal prosecution is pending.
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?
Copyright Alliance
DECEMBER 21, 2021
Since the passing of the original Copyright Act in 1790, developments in copyright law in the United States have been influenced by many civil disputes—lawsuits where one private party sues […]. The post Yo Ho! A Copyright Pirate’s Life In 2021 appeared first on Copyright Alliance.
The IPKat
DECEMBER 21, 2021
While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. Is this ribbon functional or aesthetic? Under art. 7 (1) of Directive 98/71/EC (and equivalent art. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IPilogue
DECEMBER 21, 2021
Photo by Artificial Photography ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Intellectual property law truly is incorporated in every aspect of society and the issue of lacking creativity in designing sports bras and leggings only reassures that statement. On November 24, 2021, Peloton Interactive Inc , known for its interactive exercise bike, sued Lululemon Athletica Inc.
IP Watchdog
DECEMBER 21, 2021
From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. IP business models will evolve, and risk and return calculations will become more reliable. In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors.
Kashishipr
DECEMBER 21, 2021
Some marks that label a product become distinctive just because of how they are positioned in a product. Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red label on the back pocket of Levi’s jeans.
JD Supra Law
DECEMBER 21, 2021
Precedential Federal Circuit Opinions - TEVA PHARMACEUTICALS USA v. CORCEPT THERAPEUTICS, INC. [OPINION] (2021-1360, 12/07/2021) (MOORE, NEWMAN, and REYNA) - Moore, C.J. The Court affirmed the PTAB’s IPR decision that claims directed to a specific dosage of mifepristone were not invalid as obvious.
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.
IP Close Up
DECEMBER 21, 2021
With the backing of leading private equity funds and record labels, celebrity singer-song writers such as Bob Dylan, Prince and Neil Young, are cashing in on strong long-term demand Continue reading.
JD Supra Law
DECEMBER 21, 2021
Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which offices to file a patent application for any given invention and select the correct timing for the patent filings?" Originally published on the Maple Business Council website.
Intepat
DECEMBER 21, 2021
A QR code is a machine-readable matrix barcode (short for “Quick Response”). QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. A QR code leads people to a website or other targeted online content using a camera-equipped mobile device (and a free code reader programme).
JD Supra Law
DECEMBER 21, 2021
On April 1, 2022, the fee for filing a Certificate of Supplementary Protection (CSP) will increase from $9,756 to $9,952 in accordance with subsection 9(1) of the Certificate of Supplementary Protection Regulations (Canada Gazette notice).
The Trichordist
DECEMBER 21, 2021
Rather surprising unanimity that streaming is not sustainable for artists or songwriters!
JD Supra Law
DECEMBER 21, 2021
This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.
The IPKat
DECEMBER 21, 2021
Kat friend, Becky Knott, reports on an interesting decision by the General Court that is notable for the degree to which the court analysed the properties of the relevant goods in determining trade mark non-use. Following the latest trade mark judgment between Monster Energy Co. and Frito-Lay Trading Company GmbH (see here for a previous decision), Monster came away licking its wounds.
43(B)log
DECEMBER 21, 2021
McLaughlin v. HomeLight, Inc., No. 2:21-cv-05379-MCS-KES, 2021 WL 5986913 (C.D. Cal. Sept. 17, 2021) Lexmark ’s “commercial interest” standing requirement gives, and its proximate cause requirement takes away. HomeLight allegedly analyzes home sales data to generate a list of the best-performing real estate agents in a given area. “The website presents certain representations about its ‘custom, unbiased, data-driven recommendations.
Patently-O
DECEMBER 21, 2021
I previously wrote about the most cited Supreme Court patent cases since 1952. Today, I’ll write about the least-cited decision: Sanford v. Kepner , 344 U.S. 13 (1952). Kepner filed his patent application in 1943 and Sanford filed his in 1945 — both directed to drop-bottom rail cars used in mining. The USPTO interference sided with the first-filer Kepner and so Sanford took the case to Federal Court.
U.S. Department of Commerce
DECEMBER 21, 2021
CHARIoT Challenge Combines Augmented Reality and the Internet of Things for First Responders. December 21, 2021. ASowah@doc.gov. Tue, 12/21/2021 - 16:26. First responders need to make fast decisions based on the best information they have available. Police, fire, and EMS crews usually rely on radio communication channels along with dispatch and eyewitness reports for that information.
Trading Secrets
DECEMBER 21, 2021
Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law.
IP Law 360
DECEMBER 21, 2021
Facebook scored an extraordinarily rare win from Western District of Texas Judge Alan Albright when he ruled shortly before trial that a research company's patent on navigating websites did not cover anything that was eligible for a patent, the first time he has made such a ruling since being appointed to the bench.
JD Supra Law
DECEMBER 21, 2021
A few weeks ago, we wrote about Miramax’s lawsuit against Quentin Tarantino and others over Tarantino’s plan to auction off NFTs based on the Pulp Fiction film. On December 9, 2021, Tarantino and his corporation filed a blistering answer with nine affirmative defenses in which they describe the lawsuit as an “offensively meritless” action filed by Miramax, “a shell of its former self and flailing under a new ownership consortium.”.
IAM Magazine
DECEMBER 21, 2021
From President Biden’s backing for a covid IP waiver through a new linkage system in China to big changes in Brazil, it was an action-packed 2021 for the life sciences industries.
JD Supra Law
DECEMBER 21, 2021
Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This year’s series included.
Patently-O
DECEMBER 21, 2021
I’m doing a quick 3 minute anonymous survey on perceptions of probability in the legal system. Thanks so much for your input. Dennis Crouch. Fill out the survey below or use this link: [link].
JD Supra Law
DECEMBER 21, 2021
The U.S. Patent and Trademark Office (Patent Office) issued a notice titled “Properly Presenting Prophetic and Working Examples in a Patent Application,” reminding patent applicants of their obligation to ensure that patent applications are written in a manner that clearly distinguishes prophetic examples with predicted experimental results from working examples having actual experimental results.
LexBlog IP
DECEMBER 21, 2021
If you are a policy-maker, prospective business partner or investor, IP Australia wants you to know that a useful way to identify small and medium enterprises (SMEs) with high growth potential is to look at their IP activity. A new research report from the Office of the Chief Economist, titled Intellectual property rights and enterprise growth: The role of IP rights in the growth of SMEs , describes a study using data on the full population of Australian businesses – around 600,000 SMEs ov
IP Law 360
DECEMBER 21, 2021
The past year has proved quieter for intellectual property lawyers than 2020, but the English courts nevertheless handed down notable decisions in 2021 ranging from a development in the law of sufficiency in a life science patent to the consequences of being an "unwilling licensee" in connection with the use of standard essential telecoms technology.
LexBlog IP
DECEMBER 21, 2021
Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In October, AbbVie’s complaint was dismissed for lack of personal jurisdiction. AbbVie has appealed that ruling. In addition to appealing the Northern District of Illinois ruling, on December 17, 2021, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations
JD Supra Law
DECEMBER 21, 2021
In a recently issued precedential opinion, the Court of Appeals for the Third Circuit fell in line with the second and ninth circuit courts of appeals and held that Trademark Trial and Appeal Board (“TTAB”) decisions issued in cancellation proceedings of registered marks do not have claim preclusive effects against subsequent trademark infringement lawsuits brought in federal district court.
LexBlog IP
DECEMBER 21, 2021
A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify affected parties of a data breach. On December 17, 2021, a lawsuit was filed against Bansley & Kierner, LLP, which offers payroll and benefit services to businesses, by an employee of one of its clients, seeking damages on behalf of himself and others.
JD Supra Law
DECEMBER 21, 2021
On December 10, 2021, Judge Katherine Polk Failla (S.D.N.Y.) dismissed with prejudice a pro se plaintiff’s claim that the law firm Bracewell LLP induced infringement of his patent by providing legal advice to a direct infringer. See Ottah v. Bracewell LLP, No. 21 Civ. 455, 2021 BL 472911 (S.D.N.Y. Dec. 10, 2021).
LexBlog IP
DECEMBER 21, 2021
Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law.
JD Supra Law
DECEMBER 21, 2021
The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently. These regulations impact all aspects of trademark strategy in the U.S., including clearance, prosecution, and enforcement.
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