Intellectual Property Law Blog

FEBRUARY 28, 2022

In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” (emphasis added). In its decision, the court overruled Shaw Industries Group, Inc. v. Automated Creel Systems, Inc. , [2] which previously explained the meaning of “during an IPR” when analyzing the scope of IPR estoppel.

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Patent 246

Erik K Pelton

FEBRUARY 28, 2022

The following is an edited transcript of my video Trademark Registration: The Whole is Greater Than the Sum of Its Parts. I don’t know where the phrase “ the sum is greater than the parts ” came from, but I do know that it has many applications. And one very important application for our purposes is that when it comes to trademark registration and the protections created by it–the benefits created by it–the sum really is greater than the parts.

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Registration Trademark Registering Trademarks Branding 147

Intellectual Property Law Blog

FEBRUARY 28, 2022

UPDATE : On Feb. 22, 2022, the Federal Circuit issued an errata to the original decision clarifying that the IPR estoppel only applies to challenged claims. The corrected language reads, in relevant part, that “estoppel applies […] to all grounds not stated in the petition but which reasonably could have been asserted against the claims included in the petition.

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Patent 130

TorrentFreak

FEBRUARY 28, 2022

Late September 2021, a group of independent movie companies filed a lawsuit against DataCamp, alleging that the CDN company provided services to several VPN providers. According to that complaint, DataCamp failed to terminate the accounts of these providers after being sent several warnings. As a result, the company was accused of contributory and vicarious copyright infringement alongside calls for an injunction.

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Copyright Infringement Copyright Marketing Marketing 133

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

The IPKat

FEBRUARY 28, 2022

Since the 31st of January 2020 the United Kingdom is no longer part of the European Union (‘EU’). With respect to trade marks, the departure of the UK has specific legal consequences. Article 54(1)(a) of the Withdrawal Agreement stipulates that holders of an EUTM registered or granted prior to the end of the transitional period (31 December 2020), will, by virtue of law, be granted a trade mark in the United Kingdom, consisting of the same sign, for the same goods or services.

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Public Domain Trademark Law 122

TorrentFreak

FEBRUARY 28, 2022

Last week, Kanye West dropped his latest album ‘ Donda 2 ‘ As previously announced, this is no regular release. The album is not available on Spotify, Apple, or any of the other major streaming platforms. Instead, fans who want to listen to the tracks have to purchase Kanye’s Stem Player, a $200 audio device. “Today artists get just 12% of the money the industry makes.

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Music Copying Copyright 124

SpicyIP

FEBRUARY 28, 2022

We’re pleased to inform you that Third World Network and Inter University Centre for IPR Studies (IUCIPRS), CUSAT are jointly organising a free online workshop on ‘Access to Medicines TRIPS and Patents’ from 10th March to 8th April, 2022. The deadline for registration is 5th March, 2022. Online Course/Workshop on Access to Medicines TRIPS and Patents.

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Intellectual Property Patent Registration Technology 119

IP Watchdog

FEBRUARY 28, 2022

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the Central District of California in a patent infringement suit filed by the California Institute of Technology (Caltech) against Broadcom Limited, Broadcom Corporation, and Avago Technologies (collectively “Broadcom) and Apple Inc.

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Patent Infringement Litigation Art Technology 111

IPilogue

FEBRUARY 28, 2022

Photo by Daniela Paola Alchapar ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . Gruyère is a smooth-melting cheese initially made in Gruyères, Switzerland, which has a long history dating back to the 12th century. France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère.

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Trademark Registering Trademarks Intellectual Property Advertising 106

Velocity of Content

FEBRUARY 28, 2022

Craft beers, artisanal cheeses, small-batch bourbons – these and many other niche businesses thrive today by providing quality products for audiences seeking value and exceptional experiences. So why not “small-batch publishing”? Caleb Mason runs Publerati , his independent publishing enterprise, from his home on Vinalhaven , a coastal Maine island reached by a 75-minute ferry ride.

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Publishing Graphic Design Business Technology 105

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

Intellectual Property Brief

FEBRUARY 28, 2022

The indigenous communities worldwide treat their traditional knowledge as shared wisdom, know-how, skills, and fruits of intellectual exercises that pass down from generation to generation. On the flip side, Western intellectual property (IP) protection’s philosophical and legal basis emphasizes the proprietary right to exclude others from using owned knowledge.

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Licensing Intellectual Property IP Blogging 98

IP.com

FEBRUARY 28, 2022

Patents and the “Green” Economy Patents awarded for intellectual property are important to the overall functioning of technology marketplaces where the government determines policy regarding the length and limitations of. The post Patent Law, Green Tech, and Innovation appeared first on IP.com - IP Innovation and Analytics.

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Patent Law Law Intellectual Property Patent 98

JD Supra Law

FEBRUARY 28, 2022

Federal Circuit Judge Dyk, sitting by designation in the District of Delaware, recently granted summary judgment of no enablement for certain claims covering a genus of antibodies intended to treat blood coagulation disorders. According to the court, in light of the functional and structural breadth of the claims, the 11 working examples were not sufficient to enable the claims, particularly where none of the examples resembled the accused product.

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LexBlog IP

FEBRUARY 28, 2022

In a controversial decision in March 2021, the United States Court of Appeals for the Second Circuit held that a 1984 series of silkscreen paintings by the pop artist Andy Warhol depicting the musical legend Prince (the “Prince Series”)—based on a 1981 photograph of Prince by Lynn Goldsmith (the “Prince Photograph”)—infringed on Goldsmith’s copyright, and did not constitute a permissible fair use. [1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair u

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Fair Use Derivative Work Art Licensing 97

JD Supra Law

FEBRUARY 28, 2022

Summary: When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is common, if its definition or standard is unclear, or if the value of the parameter varies due to different measuring conditions, the specification should present the definition and/or measuring method.

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Patent Application Patent 97

Michael Geist

FEBRUARY 28, 2022

The political and policy battles over lawful access have been going on for decades, cutting across multiple governments both Liberal and Conservative. The so-called zombie policy proposal resurfaced again last summer as then Canadian Heritage Minister Steven Guilbeault included elements of lawful access within his online harms consultation. The government plans to revisit its plans for online harms, but the lawful access issue is sure to return.

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Law Privacy Government 87

JD Supra Law

FEBRUARY 28, 2022

Canada has always been a nation of innovators. From the invention of insulin, the telephone, basketball and the light bulb (Edison bought the patent from the two Canadians) to the development of the pacemaker, the creation of the space shuttle’s robotic arm and its global leadership in AI , Canadian technologies have had a global impact and the protection.

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Invention Technology Patent 97

Nelligan Law

FEBRUARY 28, 2022

Reading Time: 4 minutes. Following the release of the groundbreaking final report of the Challenges Faced by Racialized Licensees Working Group , the Law Society of Ontario and many firms across the province began to turn the gaze of justice inward – on diversity within firms, from staff and associates to advancement and firm leadership. To that end, the Law Society requires any legal workplace with at least 10 licensees to implement and maintain a human rights and diversity policy.

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Law Settlement Reporting Business 75

JD Supra Law

FEBRUARY 28, 2022

This is the February edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.

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Editing 96

The Illusion of More

FEBRUARY 28, 2022

Justice Breyer, in the waning days of his tenure, wrote an opinion last week that will be of significant help to copyright owners. Historically a critic of copyright, it was Breyer who wrote the convoluted majority opinion in Google v. Oracle, which elided a core copyrightability question presented (the protection of APIs) by shoehorning the […].

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Copyright Copyright Law Registration Law 78

IP Law 360

FEBRUARY 28, 2022

U.S. and European Union negotiators are close to finalizing a transatlantic data transfer mechanism, an agreement to simplify the exchange of personal data between the two regions that could be announced as early as this spring.

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Privacy 75

BYU Copyright Blog

FEBRUARY 28, 2022

On February 24, 2022, Dr. Keith Bell ("Bell") filed suit against the Milwaukee Board of School Directors, Milwaukee Public Schools, and Shon Haralson—an employee of the school system (collectively "MPS"). The suit centers on a passage ("the WIN Passage"), from Bell's motivational book, Winning Isn't Normal (the "Book"). Bell claims copyright in the Book but also separately in the WIN Passage itself, and included copyright registrations for both as exhibits to his Complaint.

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Copyright Copyright Infringement Copying Registration 75

IP Law 360

FEBRUARY 28, 2022

The International Cannabis Bar Association and medical cannabis reform advocacy group Americans For Safe Access have urged the Federal Circuit to reverse a Trademark Trial and Appeal Board decision finding that a CBD-infused tea could not register its trademark.

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Trademark 75

JD Supra Law

FEBRUARY 28, 2022

The Federal Circuit recently clarified that the scope of IPR estoppel in district courts includes prior art grounds that were raised or reasonably could have been raised in a petition for inter partes review (IPR), reversing its prior decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293 (Fed. Cir. 2016). The court’s decision resolved a split in district courts over whether estoppel extends to grounds that were omitted from a petition for IPR.

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Art 98

IP Law 360

FEBRUARY 28, 2022

The publisher behind late artist Robert Indiana's "HOPE" image says a rival owes it $10 million for dragging down the artwork's popularity and sales with a purportedly fake copyright assertion on Indiana's iconic "LOVE" image.

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Art Copyright Artwork Publishing 75

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. The purpose of the changes are to order to solve various problems that industrial property right holders face today in Spain. The reform contains interesting new provisions for the holders of industrial property rights and for those professionals whose practice is in the field of industrial property law.

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Law Designs Design Trademark 62

IP Law 360

FEBRUARY 28, 2022

Apple Inc. asked a California federal judge to confirm an international arbitration tribunal's award finding that headphone maker Koss Corp. violated a confidentiality agreement with Apple with its lawsuit accusing the tech giant of patent infringement over its Beats headphones and AirPods.

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Confidentiality Patent Infringement Patent 74

U.S. Department of Commerce

FEBRUARY 28, 2022

Growing the American Economy through Black Leaders in Data, STEM, Entrepreneurship, and Innovation. February 28, 2022. KCPullen@doc.gov. Mon, 02/28/2022 - 17:51. Minority business growth. By U.S. Commerce Secretary Gina Raimondo. The Department of Commerce has one overarching goal: To improve America’s economic competitiveness so that our workers and our companies succeed in the global economy.

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Blogging Inventor Invention Business 62

IP Law 360

FEBRUARY 28, 2022

A Virginia federal jury has put a wedding venue on the hook for $2 million for infringing a same-named pottery maker's trademark and flouting the parties' licensing deal.

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Licensing Trademark 75

43(B)log

FEBRUARY 28, 2022

Johnson-Jack v. Health-Ade LLC, F.Supp.3d -, 2022 WL 562827, No. 21-cv-07895-LB (N.D. Cal. Feb. 24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers.

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Marketing Marketing Law Branding 59

Patently-O

FEBRUARY 28, 2022

On his wonderful Fed Circuit Blog , Professor Taylor is hosting an interesting online symposium on the topic of Patent Law and Institutional Choice with the following nine thought provoking essays: Arthrex: . Tejas N. Narechania , Arthrex and the Politics of Patents. Jason Rantanen , The PTAB, The Director, and The Federal Circuit. A. Christal Sheppard , [Not yet Posted].

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Patent Law Law Patent Blogging 60

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 28, 2022

Managing Intellectual Property magazine has announced that Fish & Richardson has been shortlisted in seven categories in the 2022 Managing IP Americas Awards. In addition, six of the firm’s principals have been shortlisted for individual recognition in the “Litigator of the Year” or “Practitioner of the Year” categories. Now in its 17 th year, the Managing IP Awards program recognizes the most remarkable achievements over the past year.

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IP Patent Prosecution Litigation Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

In January, the Federal Trade Commission (FTC) issued new guidance for retailers that use review platforms and comparison websites to boost their online reputation as well as guidance for websites that feature customer reviews. First, the FTC reminds companies to know the rules of the websites and platforms on which its online reviews appear, such as whether incentivized reviews are disallowed or require a disclosure, and to not ask for reviews from non-users, friends/family, or only from custom

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Editing Publishing Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 28, 2022

Benchmark Litigation has announced that Fish & Richardson has been included on the shortlist for its 2022 Benchmark Litigation Awards. In addition, attorneys Frank Scherkenbach and Juanita Brooks were shortlisted for individual recognition. The Benchmark Litigation Awards recognize the nation’s most distinguished law firms and practitioners for their accomplishments over the past year.

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Litigation Intellectual Property Law 52

Likelihood of Confusion

FEBRUARY 28, 2022

Published on January 6, 2009. The Popeye copyrights are now in the public domain in Europe. That’s copyright, not trademark. As Mark Owen, an IP lawyer at the UK firm. The post Best of 2009: I can’t stands no more! appeared first on LIKELIHOOD OF CONFUSION™.

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Public Domain Publishing Copyright IP 52