Hugh Stephens Blog

NOVEMBER 15, 2021

At first blush, one would think that a natural symbiotic link would exist between authors, publishers, librarians and readers. After all they are all part of what I could call the literature ecosystem, the chain of content that leads from the creation of a work to its dissemination to its consumption, either for entertainment or … Continue reading "Why is New Zealand’s National Library Declaring War on Authors??

Publishing 246

Publishing 246

Erik K Pelton

NOVEMBER 15, 2021

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? Where do I use it?” The answer is relatively straightforward. It’s everywhere, anywhere you want. There are many different places and ways to use your trademarks.

Trademark 147

Trademark Branding Brands Branding 147

Kluwer Copyright Blog

NOVEMBER 15, 2021

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations and exceptions (L&Es).

Intellectual Property 145

Intellectual Property Related Rights Intellectual Property Law Copyright 145

The Illusion of More

NOVEMBER 15, 2021

Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court […].

Litigation 140

Litigation IP Copyright Law Law 140

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?

Technology

TorrentFreak

NOVEMBER 15, 2021

Online piracy exists in many shapes and forms. Torrent sites were dominant a decade ago, but these have long been eclipsed by streaming portals. In addition to pirate streaming sites that can be accessed through web browsers, dedicated streaming boxes have grown in popularity as well. These boxes can be easily connected to TVs for a relatively seamless experience, as long as they work. eBay IPTV Box Seller.

Advertising 131

Advertising Advertising Reporting Marketing 131

IP Watchdog

NOVEMBER 15, 2021

B.E. Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC). The petition asks the court to intervene to “prevent an unconstitutional deprivation of B.E.’s property rights in the onslaught of IPR proceedings that have been brought

Technology 124

Technology Advertising Advertising Litigation 124

IP Watchdog

NOVEMBER 15, 2021

On September 20, 2021, Judge John Robert Blakey in the Northern District of Illinois issued an opinion in a Walker Process patent fraud antitrust case denying defendants’ motion for summary judgment on their statute of limitations defense. TCS John Huxley America, Inc. v. Scientific Games Corp., No. 1:19-cv-1846, 2021 WL 4264403 (N.D. Ill. Sept. 20, 2021).

Patent Infringement 119

Patent Infringement Patent Litigation Licensing 119

Garrigues Blog

NOVEMBER 15, 2021

Fashion brands follow trends in society and growing awareness in favor of diversity is no different. Increasingly more trademarks are being registered for goods that either allude to diversity or which are directly linked to these new trends. It must be said that the Italian brand Benetton was the pioneer in backing inclusion with campaigns that even back in the 80s, under the slogan “UNITED COLORS OF BENETTON”, shook the foundations of a society that was starting to realize that the “COLORS” we

Intellectual Property 116

Intellectual Property IP Trademark Branding 116

IPilogue

NOVEMBER 15, 2021

Illustration by Otto Dettmer (Ikon Images). Emily Xiang is a n is an IPilogue Writer , President of the Intellectual Property Society of Osgoode (IPSO), and a 2 L JD Candidate at Osgoode Hall Law School. . A literary controversy surrounding a copyright claim has taken over the North American online writing community, and it involves a kidney donation, a private Facebook group, and a short story.?

Art 105

Art Copyright Infringement Copyright Copying 105

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The plaintiffs are Adrienne Sepaniak King and Christopher Edward Sepaniak King, a mother-son duo. The family that sues together stays together. Facebook terminated the mom’s account allegedly for violating Facebook’s community standards. Attempts to resurrect it were unsuccessful. The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion.

Contracts 104

Contracts Publishing Blogging Government 104

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.

Patent

JD Supra Law

NOVEMBER 15, 2021

Last week, United States Trade Representative Katherine C. Tai responded to a series of letters sent by a group of Senators regarding a proposal by India and South Africa to waive certain provisions of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in relation to prevention, containment, or treatment of COVID-19.

Intellectual Property 103

Intellectual Property 103

Velocity of Content

NOVEMBER 15, 2021

Nearly half a century ago, Jean-Jacques Muyembe returned to his native Congo after earning a PhD in microbiology in Belgium. Working as a field epidemiologist, Dr. Muyembe courageously collected blood samples for people with a puzzling and dangerous new infectious disease, then sent them abroad for analysis because he lacked the proper equipment. The scientists who received Dr.

Copyright 98

Copyright 98

JD Supra Law

NOVEMBER 15, 2021

Case Name: Amarin Pharma, Inc. v. Hikma Pharms. USA Inc., No. CV 20-1630-RGA-JLH, 2021 WL 3396199 (D. Del. Aug. 3, 2021) (Hall, J.) - Drug Product and Patent(s)-in-Suit: Vascepa® (icosapent ethyl); U.S. Patents Nos. 9,700,537 (“the ’537 patent”), 8,642,077 (“the ’077 patent”), 10,568,861 (“the ’861 patent”).

Patent 101

Patent 101

BYU Copyright Blog

NOVEMBER 15, 2021

In an amended complaint filed last week in the Eastern District of New York, Charming Beats LLC, alleges that: 1) a film called Juice: Film Intensive Project by Michelle Anderer (the "Video") made by a student at Wasatch Academy in Mount Pleasant, Utah, infringed Charming Beats' exclusive rights in a piece of music used in the Video; and 2) Wasatch Academy violated the Digital Millennium Copyright Act ("DMCA").

Copyright Infringement 98

Copyright Infringement Copyright Music Licensing 98

Legal Zoom

NOVEMBER 15, 2021

Apportionment divides business income subject to state corporate income or other business taxes to jurisdictions based on formulas to determine taxes due in each state. Incorrect apportionment can result in incorrect payments and state tax audits.

Business 98

Business 98

JD Supra Law

NOVEMBER 15, 2021

In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both national and foreign origin (mainly Chinese).

Technology 98

Technology Invention 98

IP Law 360

NOVEMBER 15, 2021

The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision freeing author Stephen King from a copyright infringement suit over alleged similarities between a protagonist in his "The Dark Tower" series of books and a comic book hero created by another author.

Copyright 98

Copyright Copyright Infringement 98

JD Supra Law

NOVEMBER 15, 2021

On November 5, 2021, the U.S. Court of Appeals for the Federal Circuit in Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154, affirmed a decision from the District Court of New Jersey dismissing a suit brought by Celgene Corporation (“Celgene”) under Rule 12(b)(6) for improper venue as to defendants Mylan Pharmaceuticals Inc. (“MPI”) and Mylan Inc. and for the failure to state a claim against defendant Mylan N.V.

Intellectual Property 98

Intellectual Property 98

Garrigues Blog

NOVEMBER 15, 2021

The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we have adequate reasons to revoke its registration.

Public Use 98

Public Use Patent Invention Art 98

JD Supra Law

NOVEMBER 15, 2021

The U.S. Supreme Court recent decision in Van Buren v. United States significantly impacts the scope of the Computer Fraud & Abuse Act (“CFAA”). The case carries implications for computer fraud prosecutions, employee abuse of computer databases, and a host of other areas, particularly given that the CFAA provides a civil cause of action that has become increasingly prevalent.

Law 98

Law 98

The IPKat

NOVEMBER 15, 2021

Antibodies may be defined in a patent claim by their amino acid sequence or by the sequence of the target (epitope) to which the antibody binds. Historically, epitope claims were relatively common in the field of antibody patents, as they represented a way of broadly protecting any antibody that bound the same epitope. As the field of therapeutic monoclonal antibodies has grown, epitope claims have become progressively more difficult to obtain.

Patent 94

Patent Invention Law Art 94

JD Supra Law

NOVEMBER 15, 2021

Data breaches are no longer a matter of if, but a matter of when. And risks are heightened in a world where many employees are now working remotely. The practices of cybersecurity & legal ethics may have more in common than you think. With data breaches & cybercrime on the rise, it’s important for you to know what your ethical and legal responsibilities are to your clients, customers, and employees.

Confidentiality 98

Confidentiality 98

Michael Geist

NOVEMBER 15, 2021

The Canadian digital first creator economy isn’t something that politicians or policy makers seem to know much about, but they are quick to propose legislative reforms that directly implicate it, most recently in the form of Bill C-10. Yet the sector is thriving, with Canadian stars earning millions of dollars and attracting global audiences that often exceed Canada’s conventional film and television sector.

Law 87

Law Television 87

The IPKat

NOVEMBER 15, 2021

New InterKat Speaking of Tuesday Wonders, Merpel and the rest of the Kats are delighted to welcome Giorgio Luceri , as a new InternKat for the next six months. Giorgio is currently working as a trainee at Noerr in Alicante (Spain) in the Intellectual Property and Media Department. He is qualified for admission to the Bar in Italy ( idoneo all'esercizio della professione forense ) and has worked as an intern at the EUIPO in the European Observatory on Infringements of Intellectual Property Rights

Intellectual Property 78

Intellectual Property IP Editing Copyright 78

IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. Over the years, cyberspaces have undergone rapid development, thus playing a pivotal role in almost every aspect of society. The omnipresence of the internet in today’s world has opened the doors for several businesses and sectors to flourish at an expedited speed. Cyberspaces have allowed people to significantly improve the quality of their life.

Copyright Infringement 72

Copyright Infringement Business Copyright Trademark 72

JD Supra Law

NOVEMBER 15, 2021

APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from Qualcomm, in light of a prior decision with identical operative facts.

Licensing 98

Licensing Patent 98

IP Law 360

NOVEMBER 15, 2021

VideoShare LLC implored a Texas federal jury on Monday to find that Google LLC and YouTube LLC infringed its video sharing patent, calling Google's case for invalidating the patent weak and a smokescreen aimed at confusing the jurors.

Patent 75

Patent 75

Biswajit Sarkar Copyright Blog

NOVEMBER 15, 2021

A Brief Overview. The United States passed a law in 1998 – the DMCA , known as Digital Millennium Copyright Act. It regulates copyright infringements over the internet.The criminalizes the act of copying the content. It does so by way of plagiarism, translating and/or remaking. Many creative works protected by copyright need financial investment and professional skills.

Plagiarism 68

Plagiarism Copyright Infringement Blogging Business 68

IP Law 360

NOVEMBER 15, 2021

Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

Government 75

Government 75

IP Watchdog

NOVEMBER 15, 2021

This week in Washington IP events, Senator Patrick Leahy (D-VT), the current Chair of the Senate Judiciary Committee's Subcommittee on Intellectual Property, announces that he will not seek reelection in 2022; the Joint Congressional Economic Committee gears up for a hearing on demystifying both cryptocurrencies and the federal government’s role in regulating those digital assets.

Intellectual Property 59

Intellectual Property IP Technology Law 59

JD Supra Law

NOVEMBER 15, 2021

Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply. Sur-replies may only respond to arguments raised in the reply, and the “sur-reply … may not be accompanied by new evidence other than….

Patent 56

Patent 56

Patently-O

NOVEMBER 15, 2021

Four new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas. In re Apple , 21-181 (Fed. Cir. Nov 15, 2021). Abuse of discretion to deny transfer motion. No significant ties between the action and the W.D.Tex. Apple does have thousands of employees in the district, but the key employees related to the infringement are not in the district.

Patent 58

Patent 58

Bio Law Blog

NOVEMBER 15, 2021

On Sept. 21, 2021, the U.S. District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § 101. ChromaDex, Inc. et al. v. Elysium Health, Inc. , Civil Action No. 18-1434-CFC-JLH, 2021 WL 4286527, at *1 (D. Del.

Patent 52

Patent Invention Litigation Contracts 52

Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. Although these assets are similar, their purpose is not identical, and this fact should be taken into consideration when designing an effective protective strategy to ensure that the rights in these signs are enforced in respect of third parties.

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IP Intelligence

NOVEMBER 15, 2021

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] ( CHiP ). In CHiP, the TTAB dealt with an appeal from a refusal to register “MADE FOR MORE” for services “including employment-recruiting services, personnel recruitment, employmen

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Service Mark Registration Trademark Business 52