IPilogue
APRIL 29, 2022
Photo by Kerde Severin ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. Sony’s PlayStation 5 (PS5) has been consistently out of stock worldwide since its 2020 release. This situation results from the global chip shortage caused by the Covid-19 pandemic and unkind scalpers. But have you heard about GS5?
IP Watchdog
APRIL 29, 2022
Funeral services will be held in Salt Lake City, Utah, on Friday, May 6, for Senator Orrin Hatch, who died on Saturday, April 23, 2022, at the age of 88. Hatch was Utah’s longest-serving senator, first sworn in by Vice President Nelson Rockefeller as a member of the 95th Congress in 1977, and co-author of one of the most significant IP bills ever passed, the 1984 Hatch-Waxman Act.
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The IPKat
APRIL 29, 2022
WIPO is gearing up for the 42nd session of its Standing Committee on Copyright and Related Rights and the Africa Group at WIPO has submitted a proposal for a Work Program on Limitations and Exceptions (L&Es). Katfriends Desmond Oriakhogba and Dick Kawooya have provided a highlight of the key portions of the Work Program proposed by the Africa Group.
Technology & Marketing Law Blog
APRIL 29, 2022
The plaintiffs allege that Facebook runs third-party ads for scammy third-party merchant websites. One plaintiff claims a merchant didn’t send the ordered goods as described. Another plaintiff claimed that a merchant never sent any goods at all. The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal.
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?
CopyrightsWorld
APRIL 29, 2022
In recent years, artificial intelligence has improved its ability to create “art” – algorithms are now capable of making convincing “images” of people and locations that do not exist. The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI.
JD Supra Law
APRIL 29, 2022
“The more you know, the less you need.” ? Yvon Chouinard, Let My People Go Surfing: The Education of a Reluctant Businessman- In a design patent application, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.”.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
APRIL 29, 2022
This week in Other Barks & Bites: Google’s General Counsel authors a blog post calling for reforms to the U.S. patent system; Smartflash files a lawsuit against the USPTO to compel the agency’s compliance with FOIA; the CJEU turns down a challenge from the government of Poland to Article 17 of the EU Copyright Directive; Apple issues its quarterly earnings report showing that the consumer tech giant earned a record $97.3 billion in revenues; the U.S.
JD Supra Law
APRIL 29, 2022
Western companies with trademark rights in Russia are feeling the ripple effects of the Ukrainian conflict. In response to the economic sanctions and boycotts imposed by the U.S. and other Western countries, Russia has threatened to suspend the intellectual property rights of companies that have ceased operations in Russia.
IAM Magazine
APRIL 29, 2022
Patent litigators who represent plaintiffs and defendants agree the new standing order favours the defence, but one litigation financier predicts well-financed patentees backed by reputable lenders will get the upper hand.
JD Supra Law
APRIL 29, 2022
On April 14, 2022, the Minister of Health announced that the amendments to the Patented Medicines Regulations (the “Regulations”), originally released on August 18, 2019, would come into force on July 1, 2022 in a substantially amended form.
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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.
IAM Magazine
APRIL 29, 2022
Nikki Price Shaffer and Bob Pechman share insights on how the computer storage company is using data to understand and address the patent inclusion gap.
JD Supra Law
APRIL 29, 2022
Case Name: Horizon Medicines LLC v. Dr. Reddy’s Labs., Inc., No. 15-3324 (SRC), 2022 WL 577957 (D.N.J. Feb. 24, 2022) (Chesler, J.) Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen/esomeprazole magnesium); U.S. Patents Nos. 8,858,996 (“the ’996 patent”) and 9,161,920 (“the ’920 patent”).
Nelligan Law
APRIL 29, 2022
Reading Time: 2 minutes What is Frustration of Contract? Contract frustration occurs when a contractual obligation can no longer be performed, with no fault to either party. This occurs when a situation arises, causing the contract’s performance to become “a thing radically different from that which was undertaken by the contract”. In a recent case, discussed below, the Court ruled that the pandemic cannot cause frustration of contract.
JD Supra Law
APRIL 29, 2022
Summary- The recent ruling of the European Court of Justice (ECJ) in Austro-Mechana (March 24, 2022, C-433/20) sheds light on two open questions: Whether private copies stored in a cloud fall under the EU private copying exception (they do) and whether cloud storage providers have to pay statutory levies for such copies (they might).
IPilogue
APRIL 29, 2022
Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy. The focus of the journal is on Canadian material with a mix of comparative and international law content. The IPJ contains articles, opinions, book reviews, case commentaries and writings on legal developments around the world.
JD Supra Law
APRIL 29, 2022
Preparing the Orange Book listing sheet (i.e., Form FDA 3542) for a U.S. patent is more than just checking the boxes. Generic drug companies have recently argued that statements made in those listing sheets could be used to preclude a patent owner in proving infringement; and the courts appear to be receptive to such arguments. Listen to our discussion on recent caselaw that could implicate your Orange Book listing strategy and learn best practices and considerations to maximize the value of.
IP Law 360
APRIL 29, 2022
District courts and the Patent Trial and Appeal Board have reached different conclusions about obviousness-type double patenting, and litigants considering this defense should weigh the risk of issues arising from a grant of patent term adjustment with the need for filing a terminal disclaimer, say attorneys at Akin Gump.
JD Supra Law
APRIL 29, 2022
Companies may purchase third party technology from time to time. When acquiring patents from outside the company, or from related entities, there are important factors to be considered. Here are certain issues for buyers when preparing a patent acquisition agreement. .
IP Law 360
APRIL 29, 2022
The Marijuana Opportunity Reinvestment and Expungement Act, recently passed in the U.S. House of Representatives, would dramatically alter the federal legal landscape for state-licensed cannabis businesses in both positive and negative ways — from opening new marketing avenues to compounding tax burdens, say attorneys at the Law Offices of Omar Figueroa???????.
The IPKat
APRIL 29, 2022
Spring has sprung in the northern hemisphere and, as always, it’s never too late to catch up with our Katnews! Article 17 of the DSM Directive is valid - After about 3 years since the Republic of Poland lodged its action against the European Parliament and the Council requesting that the Court of Justice of the European Union (“CJEU”) annul Article 17 of the DSM Directive, the Grand Chamber of the CJEU has just ruled that Article 17 is valid.
IP Law 360
APRIL 29, 2022
In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.
TorrentFreak
APRIL 29, 2022
In 2018, broadcaster DISH Network sued the people behind pirate IPTV service SetTV. The defendants were eventually ordered to pay DISH $90 million in damages and comply with the terms of a permanent injunction that prevented them from operating a similar service in the future. This February, DISH alleged that the terms of the injunction had been breached.
IP Law 360
APRIL 29, 2022
This past week in London has seen a sticky trademark case over honey, Google hit with a privacy lawsuit over British medical records, and EY sued over its audit work by the administrators of a health company.
43(B)log
APRIL 29, 2022
REX – Real Estate Exchange, Inc. v. Zillow, Inc., 2022 WL 1203742, No. C21-312 TSZ (W.D. Wash. Apr. 22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. The court rejected the counterclaim on standing grounds but not on First Amendment/ Noerr-Pennington grounds.
IP Law 360
APRIL 29, 2022
A judge refused on Friday to allow InterDigital to appeal a decision invalidating one of its wireless technology patents, repeating his earlier conclusion that it lacks novelty.
IAM Magazine
APRIL 29, 2022
Patent litigators who represent plaintiffs and defendants agree the new standing order favours the defence, but one litigation financier predicts well-financed patentees backed by reputable lenders will get the upper hand.
JD Supra Law
APRIL 29, 2022
In this episode of Skadden’s “GILTI Conscience” podcast, partners Nate Carden and David Farhat discuss the German nonresident withholding tax with partner Johannes Frey, in the Frankfurt office, and Ryan Lange and Kerim Keser of the consulting firm Kroll. This once-obscure tax rule, which applies to intellectual property licenses registered in Germany, has been confounding multinational companies since the tax authorities began applying the rule in recent years.
LexBlog IP
APRIL 29, 2022
This week Patrizia Cavazzoni (Director, CDER), Peter Marks (Director, CBER), and Jeffrey Shuren (Director, CDRH) of the FDA testified before the committee on Health Education, Labor and Pensions of the U.S. Senate regarding reauthorization of the User Fee Acts, including the Biosimilar User Fee Act (“BsUFA”). The BsUFA is a law authorizing FDA to assess and collect fees from drug manufacturers that submit Biological License Applications for biosimilar products.
Legal Zoom
APRIL 29, 2022
Everybody dreads an IRS audit. Generally, you can stop worrying about an audit after three years, but sometimes the IRS can audit up to six years back, and rarely, even longer. When can you stop worrying and throw out all your old receipts?
JD Supra Law
APRIL 29, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design.
The IP Law Blog
APRIL 29, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
JD Supra Law
APRIL 29, 2022
On March 28-29, the 2022 Smart Fabrics Summit, organized by the Industrial Fabrics Association International (IFAI), was held at the Wilson College of Textiles of North Carolina State University. The Summit is an annual conference that serves as a meeting of the minds of the nation’s preeminent stakeholders in the e-textiles industry, including the likes of electrical and textile engineers, research labs, manufacturers, consumer brands, and federal defense agencies.
LexBlog IP
APRIL 29, 2022
In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss an intellectual property dispute between a typeface designer and Banana Republic, over the retailer’s use of a stylized ampersand design. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.
JD Supra Law
APRIL 29, 2022
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including due diligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP).
Velocity of Content
APRIL 29, 2022
The pandemic has challenged the publishing industry in many significant ways, yet the book business has also performed remarkably in this difficult period. Such was the familiar “best of times, worst of times” trope that framed keynote remarks from Michael Pietsch , Hachette Book Group CEO, at last Friday’s annual meeting of the Book Industry Study Group , the first such gathering in three years.
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