Plagiarism Today
AUGUST 10, 2021
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Court Dismisses Yout.com DMCA Circumvention Lawsuit Against RIAA, For Now. First off today, Andy Maxwell at Torrentfreak writes that Yout.com has had its lawsuit against the RIAA tossed, though the court is leaving room for it to be refiled with additional information.
TorrentFreak
AUGUST 10, 2021
Backed by the RIAA, several major music industry companies have taken some of the largest U.S. Internet providers to court. The music companies accuse these providers of failing to terminate the accounts of the most egregious pirates by ignoring millions of copyright infringement notices. This has already resulted in a massive windfall in their case against Cox, where a jury awarded a billion dollars in damages.
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Erik K Pelton
AUGUST 10, 2021
There is quite a bit of confusion about the USPTO’s letters of protest. In this segment, Erik clarifies what is a letter of protest, and when and why to use one. The post Letters of Protest at the USPTO appeared first on Erik M Pelton & Associates, PLLC. There is quite a bit of confusion about the USPTO’s letters of protest. In this segment, Erik clarifies what is a letter of protest, and when and why to use one.
TorrentFreak
AUGUST 10, 2021
Follow the RIAA’s attempt to have youtube-dl removed from Github , ripping service Yout carried out a preemptive legal strike against the record label group. Filed in a Connecticut court, Yout argued that previous actions by the RIAA to have its homepage delisted from Google , on the basis that it circumvented YouTube’s ‘rolling cipher’ technology, were wrongful and damaged its business. “Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, dec
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?
The IPKat
AUGUST 10, 2021
The World Intellectual Property Organization ( WIPO ) has shared some news in connection with International Day of the World’s Indigenous Peoples , celebrated on 9 August every year. Winners of the WIPO Short Story Competition on Indigenous Ingenuity and Creativity The winners of the WIPO Short Story Competition on Indigenous Ingenuity and Creativit y have been announced.
IP Watchdog
AUGUST 10, 2021
A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (USPTO) Director Michelle Lee, and a number of other former USPTO officials, for allegedly depriving the plaintiffs “of their valuable property rights in quasi-judicial administrative proceedings before the USPTO’s Patent Trial and Appeal Board (‘PTAB’).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
AUGUST 10, 2021
To capture attention in the crowded new field of cannabis-related goods and services, many companies are using other companies’ brands to promote their goods and services, including puns in the edibles space. Not surprisingly, brand owners are responding with lawsuits, alleging trademark infringement, dilution, and unfair competition among other claims.
IPilogue
AUGUST 10, 2021
Photo by: Franki Chamaki (Unsplash). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . The new documentary about the late Anthony Bourdain , Roadrunner: A Film About Anthony Bourdain (“ Roadrunner ”), came out on July 16, 2021. Fans of the legendary celebrity chef, author, and travel documentarian rushed to see the film, directed and produced by Morgan Neville.
IP Watchdog
AUGUST 10, 2021
March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Per Section 3 of the AIA, patent applications having an effective filing date prior to the effective date of the AIA are subject to first-to-invent/ pre-AIA law, whereas applications claiming an effective filing date after the effective date of the AIA are subject to the first inventor-to-file provisions of the AIA, including post grant administrative challenge
IP.com
AUGUST 10, 2021
There are a lot of ways businesses—new and old—can use intellectual property to their advantage. Unfortunately, IP can also be an organization’s downfall. The most common IP mistakes can be. The post 2 IP Mistakes Your Company Can’t Afford to Make appeared first on IP.com - IP Innovation and Analytics.
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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.
IP Watchdog
AUGUST 10, 2021
Harrity & Harrity, LLP is looking for remote patent professional superstars to prepare patent applications for leading global technology companies, including numerous Patent 300 companies. This position is a full-time, permanent position and the candidate will either work remotely / from home or from the firm's Fairfax, VA office.
Kashishipr
AUGUST 10, 2021
In the internet era, domain names are increasingly becoming a crucial conveyance of brand messages and brand image. Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. Rampant domain name squatting and website counterfeits have given rise to domain name disputes now and then.
Copyright Lately
AUGUST 10, 2021
In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. But questions still remain. Last year, I wrote about an epic copyright battle between the Philadelphia Phillies and the original creators of the Phillie Phanatic over ownership rights in the beloved baseball mascot.
JD Supra Law
AUGUST 10, 2021
NFTs continue to make waves, even as there is much speculation about their long-term future. As we have previously written, non-fungible tokens, or NFTs, present novel challenges and opportunities for intellectual property holders. This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space.
IP Close Up
AUGUST 10, 2021
With large numbers of patents already issued in the areas of testing, vaccine and protective masks, the race to patent new inventions that help to Continue reading.
JD Supra Law
AUGUST 10, 2021
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act.
Copyright Alliance
AUGUST 10, 2021
This week we’d like to introduce you to Project Runway All Star and award-winning designer, Kate Pankoke. Kate is the current owner of Elaya Vaughn by Kate Pankoke, a designer driver […]. The post Creator Spotlight with Fashion Designer Kate Pankoke appeared first on Copyright Alliance.
JD Supra Law
AUGUST 10, 2021
As we sensed when we last wrote about the Federal Circuit’s handling of the infringement dispute over GlaxoSmithKline’s ("GSK") Coreg® product in GlaxoSmithKline LLC, v. Teva Pharm. USA, Inc., the Judges have dug into their original opinions of the case. The majority (Chief Judge Kimberly A. Moore and Judge Pauline Newman) once again vacated the U.S.
Likelihood of Confusion
AUGUST 10, 2021
The Associated Press reports: The distinctive chocolate bar on the dust jacket of a new book about the founder of The Hershey Co. violates its trademark, the candy maker said. The post IP Rights Again Brandished to Silence Critics appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
AUGUST 10, 2021
Automotive and mobility manufacturers boast some of the most well-known brands in the world, but imitation isn’t a form of flattery for companies trying to protect their valuable marks. As the automotive and mobility market continues to grow, it is important for players to understand the tools available to effectively protect and defend their most recognized assets and the parameters, costs, and timelines associated with their actions.
Nelligan Law
AUGUST 10, 2021
If you have received an inheritance from a loved one, chances are it was intended for you personally, and not your spouse. However, if you are not careful with what you do with the inheritance you could be required to share it with your spouse if you separate or divorce. Receiving an inheritance while married. Read more » The post How to Protect your Inheritance from Separation or Divorce appeared first on Nelligan Law.
JD Supra Law
AUGUST 10, 2021
On July 28, 2021, the Federal Court of Appeal (FCA) dismissed Seedling’s appeal from the Federal Court decision of Justice Grammond (2020 FC 1, previously reported), which concluded that certain claims of Seedling’s LifeCard patent, Patent No. 2,486,935 (935 Patent), were invalid and not infringed by Pfizer’s next generation EpiPen: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC, 2021 FCA 154.
Patently-O
AUGUST 10, 2021
by Dennis Crouch. We recently highlighted a WaPo editorial by Prof. Robin Feldman. Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored with Profs. Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). The article’s thesis: [Sometimes] patents create incentives to bring a product to market in a way that is relatively harmful to consumers, and the existence
IAM Magazine
AUGUST 10, 2021
The Argentine superstar is also IP-savvy, with a trademark portfolio far bigger than any of his rivals for the crown of the world's best footballer.
Patently-O
AUGUST 10, 2021
This fall I’m teaching Internet Law again after a hiatus. One aspect of law school that is changing is that professors are publishing freely available textbooks and (some) professors are assigning those books for the students. Examples for Internet Law: Prof. James Grimmelmann, Internet Law: Cases and Problems (2021). Prof. Eric Goldman, Internet Law: Cases and Materials (2021).
Legal Zoom
AUGUST 10, 2021
Navigating the gig economy is tricky for workers and employers, but understanding your target market and upcoming legislative impacts could help as you carve out your freelance career path.
Patently-O
AUGUST 10, 2021
Hoyle v. Michelle Lee , Docket No 21-cv-2512 (W.D. Tenn. 2021) [ Hoyle v. Lee Complaint ]. This is an unusual new lawsuit filed by Martin Hoyle against several former USPTO officials, including former USPTO Director Michell Lee; former PTAB Chief James D. Smith; and former vice-chief Jay Moore. The complaint argues that the defendants violated Hoyle’s Due Process rights in the way they handled his patents during their IPR proceedings.
JD Supra Law
AUGUST 10, 2021
Our Case of the Week this week is a re-write of our Case of the Week on October 5, 2020. The case involves a drug that could be used for multiple therapeutic purposes. A patent covered use of the product for a specific therapeutic use, and the generic manufacturer purported to exclude that indication from its label—what is known in the field as a “skinny label” that indicates only certain uses though the brand name drug has been indicated for other uses.
43(B)log
AUGUST 10, 2021
Shenzhen Tange Li’an E-Commerce Co. v. Drone Whirl LLC, 2021 WL 3474007, No. 1:20-CV-00738-RP (W.D. Tex. Aug. 6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.
JD Supra Law
AUGUST 10, 2021
When does a patent issued on October 20 become enforceable? Conservative guidance is to file new suits for new patents after 12:01 in the time zone of the venue of the new suit. But some litigants argue that patents become enforceable at 12:01 Eastern Standard Time, because patents are issued in Washington D.C.
43(B)log
AUGUST 10, 2021
California Chamber of Commerce v. Becerra, 2021 WL 1193829, No. 2:19-cv-02019-KJM-EFB (E.D. Cal. Mar. 30, 2021) California allegedly compelled businesses to display misleading warnings about the dangers of acrylamide, a carcinogen. The Council for Education and Research on Toxics (CERT) intervened because it often files lawsuits against businesses that do not display warnings about acrylamide.
Nelligan Law
AUGUST 10, 2021
Reading Time: 4 minutes If you have received an inheritance from a loved one, chances are it was intended for you personally, and not your spouse. However, if you are not careful with what you do with the inheritance you could be required to share it with your spouse if you separate or divorce. Receiving an inheritance while married. Every circumstance is different, and you should get advice tailored to your particular circumstances.
Managing IP
AUGUST 10, 2021
Pharma counsel analyse the relevant provision to curb patent evergreening in India and its recent application by the patent office and the courts
LexBlog IP
AUGUST 10, 2021
It’s hard enough for any small or midsize business to take on corporations in any sort of intellectual property case in the best of circumstances, with evidence and the law ostensibly on their side. The court systems are overworked and the process is by design deliberative, which is another way of saying slow, and both of those facts work to the benefit of the bigger business that can afford to let things play out without any significant diversion of energy or resources.
Legal Zoom
AUGUST 10, 2021
When you register work with the Copyright Office, you submit a deposit —one or more copies of the work—along with the application. Usually, if the work has been published in physical form (e.g., a book, printed flyer, CD, or poster), the Copyright Office requires two physical copies. If the work is unpublished or only available online, the Copyright Office accepts electronic materials.
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