IP Watchdog

AUGUST 8, 2022

In U.S. government, setting public policy is the sole and exclusive domain of Congress. The laws they pass effectuate the public policy positions that Congress alone has the power to set. In law, words are everything. The precise meaning of the words in law determines whether the public policy is implemented as intended by Congress. Altering the meaning of just one word can change the entire public policy set by Congress, even turning the public policy on its head.

Government 138

Government Law Patent Inventor 138

TorrentFreak

AUGUST 8, 2022

DISH Network’s campaign against the pirate IPTV ecosystem is large but also unique. Anyone involved, from the biggest fish to the smallest fry, is a potential target. From those who capture or distribute streams to those who sell, resell, or buy them, DISH and partner Nagrastar can easily come up with a tailored cash settlement or a full-blown lawsuit.

Copyright Infringement 137

Copyright Infringement Copyright Settlement Designs 137

Hugh Stephens Blog

AUGUST 8, 2022

Last month I wrote about the importance of international copyright treaties, using US accession to the Berne Convention as an example. United States accession was strongly supported by US copyright industries and has brought the US many benefits. But if acceding to an international copyright convention has its rewards, absence can bring costs.

Copyright 130

Copyright 130

TorrentFreak

AUGUST 8, 2022

When it comes to civil anti-piracy enforcement, BREIN is without a doubt one of the most active players in the industry. The group, which receives support from Hollywood and other content industries, has a track record of targeting a wide range of piracy threats, both large and small. While most of these anti-piracy actions are the result of in-house investigative work, BREIN certainly doesn’t shy away from court appearances, where setting a favorable precedent is seen as more important th

Settlement 125

Settlement Advertising Advertising Reporting 125

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

IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic. But since then, given all the other crazy and disorienting stuff that has happened in the world, we have become desensitized to the question, even if it is just as radi

Non-Fungible Tokens 120

Non-Fungible Tokens Inventor Patent Application Patent Law 120

The Illusion of More

AUGUST 8, 2022

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that would change the fair use doctrine. But what I find astonishing […]. The post Ephemera and Other Fair Use Defenses appeared first on The Illusion of More.

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Fair Use Copyright 117

JD Supra Law

AUGUST 8, 2022

Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an article, photo, music, video, or other art doesn’t put it in the public domain.

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Public Domain Music Copying Art 98

IP Law 360

AUGUST 8, 2022

Bert Fields, a legendary entertainment attorney who represented the likes of Tom Cruise, Mel Brooks, Dustin Hoffman, George Lucas and Warren Beatty, has died at the age of 93, according to his law firm Greenberg Glusker Fields Claman & Machtinger LLP.

Law 98

Law 98

JD Supra Law

AUGUST 8, 2022

Over the past decade, there has been a significant push in investing in green and renewable technologies, particularly in battery, solar, and wind technologies. As a result, an increase in patent filings in this space has occurred, especially around battery technology as the transition to electric vehicles speeds up. In the first episode of our EV Tech Series, host Bill Derasmo and his guests, fellow Troutman Pepper Partners Greg Len and Frank Liu, discuss all things patent litigation — from.

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Technology Litigation IP Patent 98

McKinsey Operations

AUGUST 8, 2022

A paradigm shift in automotive purchasing linked to the electric-vehicle transition is creating a major growth opportunity for chemical companies.

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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

JD Supra Law

AUGUST 8, 2022

The fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from textile factories, water-resource depletion, and merchandise waste.

Branding 98

Branding Brands Branding IP 98

Michael Geist

AUGUST 8, 2022

Rogers has provided some answers to the many questions about its massive outage last month that affected millions of Canadians. Yet there is still considerable uncertainty about what the government and CRTC are prepared to do to address ongoing concerns in the telecom sector. John Lawford is the Executive Director and General Counsel of PIAC, the Public Industry Advocacy Centre, which has been a leading consumer voice for decades in Canada.

Law 94

Law Government 94

JD Supra Law

AUGUST 8, 2022

In an ideal world, patent eligibility would be a simple, clear, and non-controversial inquiry. After all, the purpose of 35 U.S.C. § 101 is to inform the public which types of inventions are eligible for patenting and which are not. The law should draw a sharp line between these two categories with at most a minimal gray area in between.

Patent 98

Patent Invention Law 98

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. Today’s bill is AB 2273, the most pernicious of the three. It’s styled as a “protect kids online” bill, but instead it would counterproductively put kids and adults at greater risk and would break the Internet’s architecture.

Designs 93

Designs Design Privacy Blogging 93

The IPKat

AUGUST 8, 2022

A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). The number of declared?SEPs?doubled on average every five years between the early 1990s to 2014 [see here page 61, figure 10.1]. As of 2020, around 95,000 patents have been declared essential for the 5G standard. The UK IPO has been conducting a call for views to investigate whether the ecosystem around SEPs is functioning efficiently and effectively and strikes the righ

Government 93

Government Publishing Patent Reporting 93

Patently-O

AUGUST 8, 2022

by Dennis Crouch. Section 101 has some magic to it. The short provision has remained essentially unchanged since it was originally handwritten in the 1700s and signed into law by President George Washington. Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 35 U.S.C. 101.

Patent 97

Patent Invention Art Business 97

McKinsey Operations

AUGUST 8, 2022

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

Business 90

Business 90

The IPKat

AUGUST 8, 2022

This is a book review of Copyright in the Digital Single Market: Article-by-Article Commentary to the Provisions of Directive 2019/790 , by our very own Kat - Professor Eleonora Rosati who has been contributing to the IPKat blog since 2012 and is Professor of IP Law and Director of the Institute of Intellectual Property and Market Law at Stockholm University and Of Counsel at Bird&Bird.

Marketing 80

Marketing Marketing Copyright Intellectual Property 80

IAM Magazine

AUGUST 8, 2022

Following a recent decision in a case involving Philips and Oppo, a resurgence in such injunctions could be on the cards

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Nelligan Law

AUGUST 8, 2022

Reading Time: 3 minutes With e-commerce exploding over the course of the pandemic – nearly doubling between February and March 2020 alone – side hustles have been on the rise. Nelligan Law is grateful for the contribution of articling student Sophie Ryder in writing this blog post. Add the soaring cost of living, remote work, and social transformations driven by COVID-19, and off-hours entrepreneurship is trending.

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 8, 2022

In July, there were four new complaints filed at the ITC: (1) Certain Soft Projectile Launching Devices, Components Thereof, Ammunition, and Products Containing Same , Inv. No. 337-TA-3629, filed by Hasbro, Inc., and Spin Master, Inc.; (2) Certain Video Processing Devices and Products Containing the Same , Inv. No. 337-TA-1323, filed by VideoLabs, Inc.; (3) Certain Solar Power Optimizers, Inverters, and Components Thereof , Inv.

Litigation 74

Litigation Publishing Reporting Copyright 74

IP Law 360

AUGUST 8, 2022

The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision shooting down a bid to ax the Seventh-day Adventist Church's trademark on the term "adventist," agreeing that an internet domain owner challenging the mark didn't have standing.

Trademark 75

Trademark 75

Likelihood of Confusion

AUGUST 8, 2022

Blogoids? Tablogs? It could happen! After all, look how we got the word “tabloid.” Did you ever think about what an odd name that is for a newspaper that’s guilty. The post Trademark blogoids appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 52

Trademark Trademark Law Law 52

IP Law 360

AUGUST 8, 2022

The U.S. International Trade Commission ruled Friday that a patent licensing company controlled by attorneys from Russ August & Kabat cannot sue NetApp over a former Nokia patent, saying the case is barred due to a separate license agreement with RPX Corp.

Patent 52

Patent Licensing 52

JD Supra Law

AUGUST 8, 2022

In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded for new trial a judgment of the U.S. District Court for the Central District of California dismissing the plaintiff’s claims for lack of personal jurisdiction.

Intellectual Property 52

Intellectual Property IP 52

Velocity of Content

AUGUST 8, 2022

From the invention of the player piano to the creation of the smartphone, copyright and technology have played a seemingly endless game of capture-the-flag. The upcoming Copyright and Technology Conference in New York on Tuesday, September 13th, plants both those flags firmly at Fordham University School of Law. The conference keynote speaker is Kris Ahrend , chief executive officer of the Mechanical Licensing Collective , according to Bill Rosenblatt , program chair and conference co-produ

Technology 52

Technology Copyright Music Ownership 52

JD Supra Law

AUGUST 8, 2022

A Congressional Subcommittee will consider new legislation that would reverse much of the Supreme Court’s recent jurisprudence regarding patent eligibility and significantly improve the chances of patenting certain software and clinical diagnostics. The proposed bill expands and clarifies 35 USC § 101 by articulating exclusions to patent eligibility and constraining the analysis to be used by courts and the patent office.

Patent 52

Patent 52

IP.com

AUGUST 8, 2022

Patent claims are among the more important sections in a patent application and form the basis of its novelty and scope. These technical descriptions are at the heart of a. The post The Pitfalls of Overly Broad Patent Claims appeared first on IP.com - IP Innovation and Analytics.

Patent 52

Patent Patent Application IP Litigation 52

JD Supra Law

AUGUST 8, 2022

As we wrote about in this blog back in early 2021, the COVID-19 stimulus relief and government-funding bill signed into law in December created a new “small claims court” for small-scale copyright disputes.

Copyright 52

Copyright Blogging Government Patent 52

The TTABlog

AUGUST 8, 2022

Petitioner Flame & Wax found itself on the short end of the candlestick when the Board denied its petition for cancellation of a registration for the mark LAGUNA CANDLES for "aromatherapy candles; candles; scented candles" (CANDLES disclaimed), finding that the mark had acquired distinctiveness and therefore was not primarily geographically descriptive of the goods.

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Registration Business Copyright 52

JD Supra Law

AUGUST 8, 2022

USPTO Leadership -.The USPTO announced Derrick Brent as the new Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO (“Deputy Director”), effective August 1. His responsibilities will include working with Director Kathi Vidal to lead the USPTO, advance IP policy and procedures, expand the USPTO’s outreach efforts, and execute the agency’s policies, priorities, and programs.

Intellectual Property 52

Intellectual Property IP 52

Biswajit Sarkar Copyright Blog

AUGUST 8, 2022

As anti-smoking sentiment grows throughout the world, governments have increased restrictions on tobacco companies limiting the way they express these brands through advertising and packaging. Presently, governments of more than 100 countries have decided to include mandatory pictorial health warnings on tobacco packs to increase awareness about the health issues related to smoking.

Trademark 52

Trademark Branding Brands Branding 52

JD Supra Law

AUGUST 8, 2022

On July 20, 2022, Magistrate Judge Failla (S.D.N.Y.) found venue to be improper and transferred the TrackThings LLC v. Netgear, Inc. case to the United States District Court for the District of Delaware based on facts as they existed at the time of filing, thereby rejecting the Welch Rule.

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IAM Magazine

AUGUST 8, 2022

John B Quinn established Quinn Emanuel Urquhart & Sullivan in 1986 and has represented some of the world’s biggest companies on the plaintiff and defence side since then

Business 52

Business Litigation IP Patent 52

JD Supra Law

AUGUST 8, 2022

???????In July, there were four new complaints filed at the ITC: (1) Certain Soft Projectile Launching Devices, Components Thereof, Ammunition, and Products Containing Same, Inv. No. 337-TA-3629, filed by Hasbro, Inc., and Spin Master, Inc.; (2) Certain Video Processing Devices and Products Containing the Same, Inv. No. 337-TA-1323, filed by VideoLabs, Inc.; (3) Certain Solar Power Optimizers, Inverters, and Components Thereof, Inv.

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