Plagiarism Today
FEBRUARY 17, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Apple Defeats Copyright Lawsuit Over Racially Diverse Emoji. First off today, Blake Brittain at Reuters reports that Apple has emerged victorious in a lawsuit filed against them over racially diverse Emoji that were included in various Apple products. The lawsuit was filed by Club Club LLC on behalf of its founder, Katrina Parrott.
The IPKat
FEBRUARY 17, 2022
Can a work entirely created by a machine be protected by copyright? On Valentine’s Day, the US Copyright Office (Review Board) answered this question with a heartbreaking ‘no’, holding that “copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the [human] mind”” and consequently refusing to register the two-dimensional artwork 'A Recent Entrance to Paradise' below (the ‘Work’): Creativity Machine's A Recent Entrance to Paradise Background In
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Plagiarism Today
FEBRUARY 17, 2022
The Berkshire Eagle is a relatively small newspaper that is published out of Pittsfield, Massachusetts. Like many such publications, it hosts a “Letters to the Editor” section where readers can submit their own opinion pieces to the paper. However, a letter that was published earlier today by Paul D. Nugent is definitely unusual for both the paper, and newspapers in general.
TorrentFreak
FEBRUARY 17, 2022
When fans want to get a brief idea of the nature and plotline of a movie they intend to watch, they often do so view studio-released trailers. Some purists believe that even these can give away too much but in Japan some fans are going even further. So-called ‘Fast Movies’ have been in existence for some time. These videos are often around 10 minutes in length but rather than giving a flavor of a movie to whet the appetite, they are designed to give away entire plotlines and necessar
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 & Marketing Law Blog
FEBRUARY 17, 2022
The court summarizes the case: Cub Club Investment created an app that allowed people to send racially diverse emoji. According to the complaint, when Apple learned of the app, it liked the idea—so much so, in fact, that it copied it. These screenshots (from the complaint) show the alleged copying: I trust the differences are immediately apparent. Both emoji sets obviously riff on the same theme, but that type of overlap is impossible to avoid in the emoji context.
Patently-O
FEBRUARY 17, 2022
by Dennis Crouch. Gabara v. Facebook, Inc. (Supreme Court 2022). Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Along the way, Gabara also became a patent agent and personally prosecuted many of his recent patents, including the Sliding Window patents asserted here. U.S. Patent Nos. 8,930,131; 8,620,545; 8,836,698; 8,706,400 ; and 9,299,348.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
FEBRUARY 17, 2022
The IPKat is pleased to host the guest contribution below by Katfriends Jakob Plesner Mathiasen , Hanne Kirk , and Philip Henszelman (all Gorrissen Federspiel) on a recent Danish decision tackling issues relating to copyright protection, non-statutory exceptions for parody/caricature, and freedom of expression. Here's what they write: What do a (little) mermaid and a non-statutory caricature/parody exception share?
JD Supra Law
FEBRUARY 17, 2022
Trademark filings in the metaverse and non-fungible tokens (NFTs) space are a hot topic these days in the media and IP Bar, and many brand owners are asking themselves whether it’s time to join in or risk being left behind. As more consumers turn to online activities during the pandemic and technology continues to advance - allowing for more online collaboration and engagement in virtual reality meeting places - the question of whether and how a business can affirmatively protect its marks in.
IP Watchdog
FEBRUARY 17, 2022
Happy belated Valentine’s Day; there were 74 district court terminations last week (mostly file-and-settle flotsam); 36 Patent Trial and Appeal Board (PTAB) filings (bolsted by Qualcomm indemnification filings and some medical device action); and 56 district court patent filings this week, in a mid-month lull before certain entities have to hit their end-of-month quota; let’s get to it.
TorrentFreak
FEBRUARY 17, 2022
Founded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events. The site, which is operated by the Spanish company Puerto 80 Projects, has built a loyal user base over the years. At the same time, it has fought quite a few legal battles too. The Spanish site famously challenged a domain seizure by the U.S.
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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.
IPilogue
FEBRUARY 17, 2022
Photo by Bra?o ( Unsplash ). Shannon Flynn is a Guest Writer and the Managing Editor of ReHack Magazine. Over two years have passed since the SARS-CoV-2 virus, better known today as COVID-19, made its first appearance in the city of Wuhan, China. In those two years, the virus has circled the globe, killing more than five million people as of December 2021 —a number that has climbed with the spread of the new, highly transmissible Omicron variant.
JD Supra Law
FEBRUARY 17, 2022
In 2018 and 2019, Dr. Stephen Thaler filed a patent application naming Device for Autonomous Bootstrapping of Unified Sentience, known as “DABUS,” as the inventor of the resulting inventions. The application was filed in the European Union, United States, and United Kingdom patent offices, and all three entities denied the patent application on the basis of one key point: Only human inventors can be issued a patent.
IP Law 360
FEBRUARY 17, 2022
A New Jersey federal judge has sanctioned a son of late Bruce Springsteen saxophonist Clarence A. Clemons in an infringement lawsuit brought by family trustees, reasoning Thursday that he and his company ignored a court order to stop using the musician's name and likeness.
JD Supra Law
FEBRUARY 17, 2022
On February 4, 2022, the Federal Circuit clarified that IPR estoppel extends to all claims and invalidity grounds that the petitioner could have reasonably asserted in its IPR petition.
The IP Law Blog
FEBRUARY 17, 2022
In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.
JD Supra Law
FEBRUARY 17, 2022
[co-author: Avanthi Cole] Main Quest - How To Tell ROM From Right - As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store, one question stands out for its longevity and seemingly intractable nature: how to handle ROMs. The term “ROMs” (originally short for “read-only memory”) now generally refers to any software employed by computer programs known as “emulators” that allow users to play older (and in.
LexBlog IP
FEBRUARY 17, 2022
U.S. officials this week warned government agencies, cybersecurity personnel, and operators of critical infrastructure that Russia might launch cyber-attacks against Ukrainian and U.S. networks at the same time it launches its military offensive against Ukraine. The FBI and the Department of Homeland Security (DHS) warned law enforcement, military personnel, and operators of critical infrastructure to be vigilant in searching for Russian activity on their networks and to report any suspicious ac
Velocity of Content
FEBRUARY 17, 2022
We are in an era of nearly constant change. IU Libraries at Indiana University-Bloomington is working hard to keep pace with the demands that new forms of scholarship and the needs of an innovative faculty body have created. We have invested in collaborative makerspaces and virtual reality. We have hired functional specialists (like me) as well as a data librarian; digital initiatives and engagement librarians; teaching & learning librarians focusing on critical information literacy; OER lib
JD Supra Law
FEBRUARY 17, 2022
On December 3rd, Senior Party Sigma-Aldrich filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names the Broad Institute, Harvard University, and MIT (collectively, Broad) as Junior Party), asking the Patent Trial and Appeal Board to deny Broad benefit of its U.S. Provisional Application No. 61/736,527, filed December 12, 2012 (termed "P1"), pursuant to 37 C.F.R. § 41.121(a)(1) and S.O. ¶¶ 121 and 208.4.2.
IP Law 360
FEBRUARY 17, 2022
A Maryland federal judge Wednesday temporarily halted a state law requiring that any electronic books licensed by publishers to the public must also be licensed to public libraries on "reasonable terms," saying the Association of American Publishers has shown the law likely conflicts with the Copyright Act.
The TTABlog
FEBRUARY 17, 2022
The USPTO's 2021 Performance and Accountability Report is chock full of information and data regarding USPTO operations. (pdf here ). The report is slightly more than 250 pages long, so I will hit a few of the highlights regarding our favorite tribunal, the TTAB. Under the heading "CASE LAW DEVELOPMENTS: RECENT DECISIONS" (p. 21): [T]he constitutionality of the appointment of the TTAB’s ATJs was also called into question in Piano Factory Group v.
43(B)log
FEBRUARY 17, 2022
In re: Elysium Health-ChromaDex Litigation, No. 17-cv-7394 (LJL) (S.D.N.Y. Feb. 11, 2022) This is the main liability opinion. Because the supplement facts here are less generalizable than the survey methodologies, I will try to skip over lots of detail, but a fair amount of the detail is legal. Both parties get partial wins/losses on summary judgment.
IP Law 360
FEBRUARY 17, 2022
Sony and other major music labels on Thursday asked a Virginia federal judge to reject Cox Communications' latest bid to shake off a $1 billion copyright verdict against it, saying that the internet service provider's "13th-hour gambit" fares no better than its earlier attempt.
The IPKat
FEBRUARY 17, 2022
Kat readers may be aware of the recent dispute over podcaster Joe Rogan. First Neil Young , followed by Joni Mitchell , demanded that Spotify, the exclusive distributor of Rogan's podcast, reportedly the most-listened to podcast in the world, remove their music from the platform. They alleged that some of Rogan's podcasts were spreading misinformation about Covid-19.
IP Law 360
FEBRUARY 17, 2022
Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.
Likelihood of Confusion
FEBRUARY 17, 2022
I’m here now for tomorrow’s McCarthy Institute and Microsoft Corporation Symposium, “Trademark Law and Its Challenges 2017” at the Amazon Corporate Conference Center. My panel looks like this: 9:50AM-11:00AM Trademark. The post Impaneled in Seattle appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
FEBRUARY 17, 2022
Jurors in Austin, Texas, next week will hear lawyers for Microsoft's incoming video game subsidiary Activision Blizzard defend against claims that games like "World of Warcraft" and "Diablo" use data processing technology covered by a Luxembourg company's patent. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
43(B)log
FEBRUARY 17, 2022
In re: Elysium Health-ChromaDex Litigation, No. 17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. Feb. 11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. Plaintiff ChromaDex sought to exclude defendant Elysium’s survey expert and damages rebuttal expert, while Elysium moved to exclude ChromaDex’s survey, damages, FDA regulat
IP Law 360
FEBRUARY 17, 2022
Johnson & Johnson units have slammed Intas Pharmaceuticals Ltd. with a patent suit in New Jersey federal court seeking to block the India-based drugmaker from selling a generic version of the schizophrenia drug Invega Sustenna, saying the sales would infringe the asserted claims of a patent covering the drug.
Patently-O
FEBRUARY 17, 2022
by Dennis Crouch. In Feb 2022, the Court of Appeals for the Federal Circuit released two separate opinions discussing the estoppel provisions of 35 U.S.C. § 315(e). California Inst. of Tech. v. Broadcom Ltd. , — F.4th —, 2022 WL 333669 (Fed. Cir. Feb. 4, 2022). Intuitive Surgical, Inc. v. Ethicon LLC , — F.4th —, 2022 WL 414252 (Fed.
GDB Firm Blog
FEBRUARY 17, 2022
A Brief Guide to Provisional Patent Applications for Scientists, Engineers, and Executives Many people have heard about provisional patent applications and may have a vague concept that it is somehow less expensive to file a provisional patent application and get a foot in the door, so to speak, with a provisional patent application. But in our experience, confusion and misunderstandings abound about what provisional patent applications really are, what rights they confer, and how to do it right
Velocity of Content
FEBRUARY 17, 2022
On Wednesday, Pen America announced that Penguin Random House CEO Markus Dohle had pledged at least $500,000 for the free-speech organization to combat threats of book bans and educational gag orders across the US. “The newly created Dohle Book Defense Fund… will provide support to communities where books are being challenged,” reported the New York Times.
JD Supra Law
FEBRUARY 17, 2022
Clash of Fashion Giants- Within the athletic fashion world there are few names that are bigger than Nike and Adidas. With both fashion giants jockeying for the top spot in the athletic fashion world there is no doubt that there will be plenty of legal squabbles along the way. The latest legal battle between the companies revolves around Nike’s patented Flyknit® design technology.
LexBlog IP
FEBRUARY 17, 2022
In what could be one of the biggest NFT cases to arise so far, Nike has sued resale marketplace StockX for trademark infringement in the Southern District of New York, claiming that StockX is selling NFTs that display Nike’s trademarks without Nike’s permission. In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” The collection consists entirely o
JD Supra Law
FEBRUARY 17, 2022
It is not often that one's vote counts, especially in geopolitics. So it struck me, in researching for another article, that filing a patent application in Ukraine could make a difference. Per the latest World Intellectual Property Organization statistics, 516 patent applications in Ukraine originated from the U.S. in 2020. That is charmingly few.
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