Hugh Stephens Blog

JANUARY 4, 2022

As I noted in my year-end wrap up a couple of weeks ago, some of the copyright and content related issues that were under discussion in Canada in 2021 will likely move forward in a more aggressive way this year. The federal election last fall put on hold a number of copyright-related issues that were … Continue reading "What Lies Ahead for Canada in 2022 from a Copyright and Content Perspective?

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Copyright 246

Plagiarism Today

JANUARY 4, 2022

Yesterday, Ivan Oransky at Retraction Watch posted a truly amazing story. It’s a tale of inaction, even when everyone is asking for it. The story begins in December 2020. That was when Iranian research Behrouz Pourghebleh first noticed an article published in IEEE Access that overlapped some 80 percent with an article he’d co-authored in 2019.

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Plagiarism Journalism Publishing Intellectual Property 213

The IPKat

JANUARY 4, 2022

Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. Every songwriting process is a different story. You can get a closer look at it by watching ‘ Diary of a song ’ by The New York Time s on YouTube, and documentaries such as Ed Sheeran’s ‘ Songwriter ’, or Shawn Mendes ‘ In Wonder ’.

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Music Derivative Work Copyright Public Domain 145

Plagiarism Today

JANUARY 4, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: 9th Circuit Breaks Up Copyright Class Action Over Concert Archives. First off today, Blake Brittain at Reuters reports that the Ninth Circuit Court of Appeals has broken up a class action lawsuit filed against the concert footage repository Wolfgang’s Vault in what is a major win for the defendants.

Licensing 191

Licensing Reporting Plagiarism Copyright 191

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

JANUARY 4, 2022

Over the past couple of years a number of high-profile lawsuits have been filed against individuals and groups who create cheating software for videogames. Companies including Bungie, Riot Games, and Take-Two have all taken cheat makers to court for undermining their gaming environments and business models, claiming that these tools violate the anti-circumvention provisions of the DMCA.

Copying 140

Copying Copyright Infringement Intellectual Property Copyright 140

IP Watchdog

JANUARY 4, 2022

On December 28, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pair of precedential decisions in appeals raised by chipmaker Intel. These appeals came from final written decisions in several inter partes review (IPR) proceedings challenging the validity of patent claims owned by rival firm Qualcomm. In both decisions, the Federal Circuit found that Intel satisfied Article III standing requirements for appealing from the Patent Trial and Appeal Board (PTAB).

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Patent Patent Infringement Litigation Intellectual Property 127

IP Watchdog

JANUARY 4, 2022

The U.S. Patent and Trademark Office today announced in an unpublished Federal Register Notice that it has established an administrative process for investigating submissions filed with the USPTO in trademark matters that appear to violate the Trademark Rules of Practice. The announcement comes as part of the USPTO’s broader effort to improve the integrity of the U.S. trademark register amid a surge in fraudulent filings, largely from China.

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Trademark Patent Registering Trademarks Government 115

JD Supra Law

JANUARY 4, 2022

On December 8, 2021, the Federal Circuit in AztraZeneca AB v. Mylan Pharms. Inc. held that the claim construction of a percentage term should “‘most naturally align[] with the patent’s description of the invention,’ as further informed by the prosecution history.” When posed with the question: “whether the concentration of [an excipient] being ‘0.001%’ means 0.001% within one significant figure—encompassing a concentration of [said excipient] in the range of 0.0005% to 0.0014%, or it has a.

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Invention 98

Velocity of Content

JANUARY 4, 2022

CCC has been named as one of the 2021 Top Places to Work in Massachusetts by the Boston Globe. To compile its 14th annual Top Places to Work list, the Globe partnered with Energage , an employee research firm, to administer anonymous employee surveys rating companies on their flexibility, leadership, values, and other criteria. More than 80,000 employees at 363 companies in Massachusetts participated and 150 employers came out on top.

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Business Copyright 98

JD Supra Law

JANUARY 4, 2022

We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the defendants sold merchandise online bearing Antetokounmpo’s name, nickname and/or likeness, including Antetokounmpo’s trademarked GREEK FREAK.

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Trademark 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

IP Law 360

JANUARY 4, 2022

Hikma Pharmaceuticals USA Inc.'s generic heart drug does not infringe three patents underlying Amarin Pharma Inc.'s drug Vascepa, a Delaware federal judge ruled Tuesday, breaking with the recommendation from a magistrate judge.

Patent 81

Patent 81

Art Law Journal

JANUARY 4, 2022

In this episode, Grace Cho talks with Lauren Hana Chai in a conversation about how heritage, childhood trauma, and self-discovery can be navigated through art. The post Lauren Hana Chai: Messages of Faith, Hope and Love through Art appeared first on Art Business Journal.

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Art Journalism Business 70

IP Law 360

JANUARY 4, 2022

The Ninth Circuit has overturned a lower court's decision to certify two classes of performers and musicians who sued online concert archive Wolfgang's Vault for alleged copyright infringement, finding that individual issues predominate over the ones affecting the proposed classes.

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Music Copyright Infringement Copyright 75

JD Supra Law

JANUARY 4, 2022

In today’s ever-expanding e-commerce environment, online brand protection and enforcement has become a necessary undertaking of paramount importance for brand owners in efforts to combat the illicit trade of counterfeit and infringing products.

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Branding Brands Branding 64

IP Law 360

JANUARY 4, 2022

Chances for a settlement are dwindling in the Federal Trade Commission's in-house challenge to Nvidia Corp.'s planned $40 billion purchase of Arm Ltd., although the parties told an agency administrative law judge Tuesday that the prospect is not out of the question.

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Settlement Law 75

Clancco

JANUARY 4, 2022

If you’re confused as to what the hell NFTs are, particularly art NFTs, here’s a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. In his article , Steiner explains what NFTs are and what it means to own one. He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art.

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Art Ownership Marketing Marketing 64

IP Law 360

JANUARY 4, 2022

The Federal Circuit signed off on a Delaware federal court's decision that Novartis' patent on its multibillion-dollar multiple sclerosis drug had an adequate written description, in a split decision that the court's dissenting chief judge warned would "dramatically" expand the ability of drug companies to broaden what their patents cover.

Patent 75

Patent 75

Barry Sookman

JANUARY 4, 2022

It is a new year. Many of you may have made resolutions to become healthier. But, knowing how to promote health and longevity is no easy task. People often ask me how I stay young and sharp with all the energy it takes to practice in a challenging technology, intellectual property and privacy law practice at one of Canada’s leading (if not the leading) law firm, McCarthy Tetrault.

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Intellectual Property Privacy Technology Law 63

IP Law 360

JANUARY 4, 2022

U.S. Supreme Court Chief Justice John Roberts has, for the first time, listed patent venue as one of the most pressing concerns in the judiciary, after senators asked him to look at how patent owners were able to pick their own judge in Texas.

Patent 75

Patent 75

IP Watchdog

JANUARY 4, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a district court’s ruling that Novartis’ U.S. Patent No. 9,187,405 is not invalid and that HEC Pharm Co., Ltd. and HEC Pharm USA Inc.’s Abbreviated New Drug Application (ANDA) infringed the patent. The CAFC found no clear error in the district court’s finding that the patent’s claims did not fail the written description requirement under 35 U.S.C. § 112(a).

Patent 59

Patent Litigation Intellectual Property IP 59

IP Law 360

JANUARY 4, 2022

Nimbus Therapeutics LLC agreed Tuesday to drop its case in New York federal court that sought to avoid selling Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. a psoriasis drug the startup is developing.

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JD Supra Law

JANUARY 4, 2022

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.

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Service Mark Registration Trademark Patent 58

IP Law 360

JANUARY 4, 2022

A Florida federal judge on Tuesday adopted a magistrate's recommendation to award Grammy Award-winning music veteran Alan Parsons just under $30,000 to cover attorney fees he incurred obtaining a civil contempt finding against his former promoter in a trademark infringement lawsuit, slightly trimming his attorneys' request.

Music 75

Music Trademark 75

Intellectual Property Office Blog

JANUARY 4, 2022

The AI and IP consultation was launched in October. IPO CEO Tim Moss looks at the consultation’s role in the global drive to understand how IP can best support AI innovation, within the framework of the government’s National AI Strategy. ‘The UK is a global superpower in AI and is well placed to lead the world over the next decade as a genuine research and innovation powerhouse, a hive of global talent and a progressive regulatory and business environment.’ – UK?

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IP Inventor Intellectual Property Invention 59

IP Law 360

JANUARY 4, 2022

A Delaware federal judge told Massachusetts biotechnology company Sarepta on Tuesday that it could not use the "safe harbor" provisions of the Hatch-Waxman Act to protect a gene therapy it is developing with Roche to treat muscular dystrophy from a patent infringement lawsuit by the University of Pennsylvania.

Patent Infringement 75

Patent Infringement Patent 75

The TTABlog

JANUARY 4, 2022

The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-?-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021). This is the first of two (2) posts; the first five (5) selections are set out below. Additional commentary on each case may be found at the linked TTABlog post. The cases are not necessarily listed in order of importance (whatever that means).

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Registration Ownership Licensing Trademark 59

IP Law 360

JANUARY 4, 2022

A former Pennsylvania-based GlaxoSmithKline employee has copped to allegations that she swiped trade secrets information from her ex-employer.

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IP Tech Blog

JANUARY 4, 2022

On January 3, 2021, the US Patent & Trademark Office (USPTO) announced an extension of the modified COVID-19 Prioritized Examination Pilot Program. Compliant requests filed on or before March 31, 2022, will be accepted. We covered this modified Pilot Program in our post three months ago, and we covered the original program in prior posts ( here and here ).

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Invention Intellectual Property Inventor Patent Application 57

JD Supra Law

JANUARY 4, 2022

Intel Corp. v. Qualcomm Inc., Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021) - The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In our Case of the Week, we focus on the first of those cases. In our Also This Week section below, we cover the second case.

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Patent 55

Patently-O

JANUARY 4, 2022

I have a new draft article on the Kessler Doctrine co-authored with my former student Homayoon Rafatijo and welcome comments and suggestions before it is formally published later this month. Download it here: Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion. Send comments: crouchdd@missouri.edu . Kessler is a 1907 Supreme Court decision that we argue should be seen as simply implementing defensive issue preclusion.

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Patent Patent Law Law Publishing 61

JD Supra Law

JANUARY 4, 2022

Unauthorized use of a trademark on the Internet occurs often and in many forms, usually involving the profiting, whether intentionally or unintentionally, from the goodwill associated with a trademark belonging to someone else. Such use, however, does not always rise to the level of trademark infringement. Unauthorized use of a trademark is only infringing if the particular use causes likely confusion among consumers.

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Trademark Intellectual Property 55

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Your contract is the foundation for a reliable relationship for you, your customers and your employees.

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Contracts Business Confidentiality Privacy 52

IP Law 360

JANUARY 4, 2022

Two notable intellectual property trials have been postponed amid the latest COVID-19 surge, with a case against Gilead over HIV drug patents now set to head to trial in May and another claiming Samsung infringed a wireless battery charging patent scheduled to go before a jury next month.

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Intellectual Property IP Patent 52

LexBlog IP

JANUARY 4, 2022

IPNews® – Social media influencers generally carve out a niche establishing thought leadership in their industries. Once that happens, they can have massive sway over their followers’ purchase decisions. A recent study from the United Kingdom, however, shows these influencers can play a big part in counterfeit sales as well. To continue reading, click: Social Media Influencers Are Influencing Counterfeit Sales.

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Social Media Intellectual Property 52

Likelihood of Confusion

JANUARY 4, 2022

A major theme around here is the proposition that copyright law encourages litigation of even the most tenuous plaintiffs’ claims, mainly because of the rules regarding fee-shifting for “prevailing” parties. Similarly. The post Little claims, big idea? appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Law Litigation Copyright Law 52