Hugh Stephens Blog

FEBRUARY 8, 2022

On January 1, 2022, a new law entered into force in the state of Maryland requiring that authors and publishers holding the rights to an e-book title must offer unlimited copies of that title to public libraries in the state at an undetermined “reasonable price” if and when the title is offered to individual consumers. … Continue reading "Books, e-Books, Authors, Publishers and Libraries: A Complex Relationship?

Publishing 246

Publishing Copying Law 246

Plagiarism Today

FEBRUARY 8, 2022

The country of Croatia is scheduled to begin using the Euro as its currency on January 1, 2023. However, ahead of that change, the country has a large amount of preparation both publicly and behind the scenes. One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic.

Social Media 211

Social Media Plagiarism Due Diligence Designs 211

Erik K Pelton

FEBRUARY 8, 2022

Even as the USPTO takes new measures that may help in combatting scammers, trademark scams are everywhere. If you’ve received questionable mail about your trademark that was filed with the USPTO, there is a real possibility that it is a scam. We’ve created a special decision tree tool to help review whether mail or email received is a trademark scam or not.

Trademark 147

Trademark 147

Plagiarism Today

FEBRUARY 8, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pandora Sued By Major Comedians Over Licensing Fees For Writing Jokes. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Pandora has been sued by a group of comedians and their estates claiming that the streaming service has been streaming their performances but not paying all the royalties owed.

Licensing 167

Licensing Reporting Copyright Fair Use 167

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

Erik K Pelton

FEBRUARY 8, 2022

As the Rams and Bengals get ready to meet in Super Bowl LVI, it is fascinating to review the variety of trademarks filed on behalf of the teams, the players, and even the artists associated with this event. This episode previews some of the trademarks that will be on display in the big game on Sunday. The post Trademark Guide to Super Bowl LVI appeared first on Erik M Pelton & Associates, PLLC.

Trademark 113

Trademark 113

The IPKat

FEBRUARY 8, 2022

There have been two referrals (consolidated) to the Enlarged Board of Appeal (EBA) on the question of the EPO's joint application approach to priority for PCT(EP) applications (G 1/22 and G 2/22). A referral on the co/joint applicants approach to priority has long been expected ( IPKat ), and the new referrals will hopefully provide some much legal clarity on this issue.

Inventor 128

Inventor Designs Design Patent Application 128

Copyright Alliance

FEBRUARY 8, 2022

Black History Month has been the apogee of education and the celebration of Black heritage in the U.S. for decades. It began in 1926, when historian Carter G. Woodson worked […]. The post Black History Month 2022: Ways Black Creators are Uplifting Their Communities appeared first on Copyright Alliance.

Copyright 104

Copyright 104

JD Supra Law

FEBRUARY 8, 2022

The curiosity, excitement, skepticism, and enthusiasm surrounding non-fungible tokens (“NFTs”) and the metaverse is at an all-time high! Since we first discussed the metaverse, a number of individuals and corporations have debuted plans to venture into this virtual space, as evidenced by the rise of virtual goods trademark applications filed with the U.S.

Non-Fungible Tokens 98

Non-Fungible Tokens Trademark Patent 98

IP Law 360

FEBRUARY 8, 2022

Meta Platforms Inc. and digital banking company Chime Financial Inc. accused two Nigerian residents of tricking people into giving up their usernames and passwords to steal money from their online accounts, according to a federal trademark lawsuit filed Tuesday in California aimed at stopping such phishing attacks.

Trademark 98

Trademark 98

JD Supra Law

FEBRUARY 8, 2022

* The Federal Circuit has just issued an additional decision in this dispute today. We will cover that development further shortly. In a recent decision, the Patent Trial and Appeals Board granted institution of inter partes review, after declining to exercise its discretion to deny institution based on a forum selection clause.

Patent 98

Patent 98

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

Velocity of Content

FEBRUARY 8, 2022

CCC will present a Town Hall discussion tomorrow at 11:00 a.m. EDT/16:00 GMT that will address the question, “What’s Ahead for Librarians and Researchers?”. Town Hall panelists will share the latest research on the powerful forces bringing disruption to an age-old partnership – and why change may mean opportunity to widen access, accelerate discovery, and close the information gap.

Licensing 97

Licensing Government Copyright Technology 97

JD Supra Law

FEBRUARY 8, 2022

On January 3, 2021, The Federal Circuit held in a 2-1 decision in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. (Fed. Cir. 2022) that the claims of Novartis’ U.S. Pat. No. 9,187,405 (“the ’405 patent”) met the written description requirement under 35 U.S.C. § 112(a). Defendant HEC Pharm Co. Ltd. was the only remaining defendant at trial.

Patent 98

Patent 98

TorrentFreak

FEBRUARY 8, 2022

Way back in 2005, the FBI and U.S. Immigration and Customs Enforcement (ICE) teamed up with the then MPAA to take down EliteTorrents , one of the most popular private BitTorrent trackers on the internet. The involvement of a U.S. Department of Homeland Security agency in a copyright infringement case certainly raised eyebrows but over time this type of public/private cooperation became nothing out of the ordinary.

Copyright Infringement 78

Copyright Infringement Intellectual Property Government Copyright 78

JD Supra Law

FEBRUARY 8, 2022

The Patent Trial and Appeal Board heard oral argument under 37 C.F.R. § 41.124(c) on February 4th in the Priority Phase of Interference No. 106,115 between the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") as Junior Party.

Patent 98

Patent 98

The Trichordist

FEBRUARY 8, 2022

NFTs: Because death is no reason to stop contributing to a vulturous middeman's quarterly reports.

Reporting 109

Reporting 109

JD Supra Law

FEBRUARY 8, 2022

I. Background for The Withdrawal from the 2013 Policy Statement - In December 2018, former Assistant Attorney General for Antitrust Makan Delrahim announced DOJ’s withdrawal from the 2013 Statement.

IP 98

IP 98

The Trichordist

FEBRUARY 8, 2022

NFTs are complex trust mechanisms that someone has to build, service and maintain--forever.

Contracts 110

Contracts 110

JD Supra Law

FEBRUARY 8, 2022

QUANERGY SYSTEMS, INC. v. VELODYNE LIDAR USA, INC. Before Newman, Lourie, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: Despite applying the standard of broadest reasonable construction, a claim term’s narrowed construction to refer to a specific detection method was proper in view of its exclusive use in the written description as referring to the specific method as well as its foundational relationship to the claims.

Patent 98

Patent 98

Trading Secrets

FEBRUARY 8, 2022

Robert Milligan, Seyfarth partner and co-chair of the Trade Secrets, Computer Fraud & Non-Competes practice, is presenting the “It’s 10:00 pm. Do You Know Where Your Company’s Crown Jewels Are? Does Someone Else? Trade Secrets as an Information Asset” session at the MER Conference on May 11 at 1:30 p.m. Eastern in Indianapolis, Indiana. The panel, which includes members of the Sedona Conference Working Group 12 (WG12), will discuss the WG12’s newly published guidance on protecting trade secr

Business 72

Business Government Publishing 72

JD Supra Law

FEBRUARY 8, 2022

We analyzed the legal definition and common structure of cross-border pharmaceutical licensing transaction in our article of Anatomy of Pharmaceutical Licensing, Development and Commercialization Transaction in China (I), we also discussed some key legal provisions of pharmaceutical licensing agreement. In this article, we will further discuss and analyze the terms of intellectual property rights in pharmaceutical licensing, development and commercialization transaction.

Licensing 97

Licensing Intellectual Property 97

IP Tech Blog

FEBRUARY 8, 2022

Following the Competition and Markets Authority’s (“ CMA “) publication of the Green Claims Code (as discussed in our earlier blog ), the UK regulator is now moving forward with its greenwashing investigation , currently focusing on the fashion industry, with additional industries expected to be reviewed in future. Greenwashing is the use of disingenuous environmental or eco-friendly claims (for example, “natural”, “recyclable”, “organic”) by businesses to market products to consumers.

Advertising 70

Advertising Advertising Marketing Marketing 70

JD Supra Law

FEBRUARY 8, 2022

California Institute of Technology v. Broadcom Inc. and Apple Inc. Before Lourie, Linn, and Dyk (concurring/dissenting). Appeal from the District Court for the Central District of California - Summary: IPR estoppel in district court proceedings applies to all claims and grounds which reasonably could have been included in the petition; a two-tier damage awardproviding a higher royalty for the same device at a different points in the supply chain was not permitted in the absence of compelling.

Technology 95

Technology 95

IP Law 360

FEBRUARY 8, 2022

In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.

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75

JD Supra Law

FEBRUARY 8, 2022

Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are typically resolved through either negotiation or litigation in national courts. However, international arbitration is increasingly being used as an alternative to litigation, a trend endorsed in recent statements by both the U.S.

Litigation 95

Litigation Licensing Government Trademark 95

IP Law 360

FEBRUARY 8, 2022

Clauses in contracts can be used to block patent challenges at the Patent Trial and Appeal Board, the Federal Circuit ruled Tuesday in a precedential decision that will wipe out seven review petitions Boston's Sarepta Therapeutics lodged at the board.

Contracts 75

Contracts Patent 75

The TTABlog

FEBRUARY 8, 2022

In December 2019, the U.S. Court of Appeals for the Ninth Circuit reversed (in part) the district court's dismissal of a civil action for unfair competition, trademark dilution, and trademark infringement involving Defendant Meenakshi's three IDHAYAM marks registered for sesame seed oil. The district court had dismissed the claims as to one of the marks (the "'654 mark") on the ground of claim preclusion, based upon the TTAB's entry of judgment by default on Plaintiff VVV's petition for cancella

Litigation 75

Litigation Branding Brands Branding 75

IP Watchdog

FEBRUARY 8, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today issued a precedential decision holding that the U.S. District Court for the District of Delaware improperly denied Nippon Shinyaku Co., Ltd.’s motion for a preliminary injunction in the court’s misreading of the plain language of a contract’s forum selection clause. The CAFC consequently reversed the decision and remanded for entry of a preliminary injunction (PI) enjoining Sarepta Therapeutics, Inc. from proceeding with its

Contracts 69

Contracts Law Patent Infringement Litigation 69

JD Supra Law

FEBRUARY 8, 2022

APPLE INC. V. WI-LAN INC. Before Moore, Chief Judge, Bryson, and Prost. Appeal from the United States District Court for the Southern District of California. Summary: Construing a broad claim term to be re-defined as a disclosed species on a theory that the terms are interchangeable requires that the intrinsic record clearly manifest a departure from the term’s plain and ordinary meaning.

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98

IP Law 360

FEBRUARY 8, 2022

Google and YouTube urged a Texas federal judge Monday to trim claims from tech company Wildseed Mobile LLC over five video ad and smartphone notification-related patents, saying claims of willful and indirect infringement rely on "boilerplate recitations" of the law and that YouTube doesn't belong in the suit at all.

Patent 72

Patent Law 72

JD Supra Law

FEBRUARY 8, 2022

BLEPHEX, LLC. v. MYCO INDUSTRIES, INC. Before: Moore, Schall, and O’Malley. Appeal from the Eastern District of Michigan. Summary: Conclusory statements about how a skilled artisan would combine embodiments in a prior art reference are insufficient to defeat a preliminary injunction.

Art 75

Art 75

The IPKat

FEBRUARY 8, 2022

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. Our lexicon captures this mist: Characterize such alterations as "expurgation," distortion", or "red- penciling", and it may raise eyebrows. But call it "editing", and furrows on one's brow are less likely. Within this lexicon there is one particularly curious synonym-- "bowdlerization" (per the Cambridge Dictionary, "to remove words or parts from a book, play, or f

Moral Rights 62

Moral Rights Editing Publishing Licensing 62

JD Supra Law

FEBRUARY 8, 2022

PLASMACAM, INC. v. CNCELECTRONICS, LLC - Before Dyk, Reyna, and Newman, Appeal from the United States District Court for the Eastern District of Texas. Summary: Agreement to the definition of a term within settlement negotiations may create a binding, enforceable agreement as to that term, despite the absence of a finalized settlement agreement as to all terms.

Settlement 74

Settlement 74

IP Close Up

FEBRUARY 8, 2022

A bastion of business coverage of large corporations since the 1920s, Fortune Magazine, lambasted BigTech companies because they “acquire and kill competitors and copy other Continue reading.

Copying 68

Copying Business Litigation Technology 68

Patently-O

FEBRUARY 8, 2022

by Dennis Crouch. For several years we have been tossing around the question of whether no-IPR contracts are enforceable. In Nippon Shinyaku v. Sarepta Therapeutics (Fed. Cir. 2022) , the court says “YES THEY ARE” (at least when an alternate forum is provided). Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. v.

Contracts 61

Contracts Intellectual Property Patent IP 61

Velocity of Content

FEBRUARY 8, 2022

CCC will present a Town Hall discussion today, 2 February at 11:00 a.m. EDT/16:00 GMT that will address the question, “What’s Ahead for Librarians and Researchers?”. Town Hall panelists will share the latest research on the powerful forces bringing disruption to an age-old partnership – and why change may mean opportunity to widen access, accelerate discovery, and close the information gap.

Licensing 52

Licensing Government Copyright Technology 52