Hugh Stephens Blog

JANUARY 10, 2022

Nowadays it is not uncommon for major telecommunications companies (telcos) to provide infrastructure in the form of wireless, wireline and fibre optic, cable and satellite connectivity while also directly controlling some of the content distributed via this infrastructure. Think AT&T/Warner Media, NBC Comcast, Sky (owned by Comcast) and, in Canada, Bell Canada and Rogers Communications. … Continue reading "Will the Content Tail Wag the Wireless Dog?

244

244

Plagiarism Today

JANUARY 13, 2022

On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.” The lawsuit comes more than a year after an article Barrett published in The Atlantic came under fire for alleged fabrications and factual errors.

Confidentiality 211

Confidentiality Journalism Plagiarism Publishing 211

Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). Our firm submitted comments this week generally supportive of this change, and the environmental benefits, while raising some questions about the amount of savings for the USPTO that will result, and how those savings will be spent.

Registration 162

Registration Trademark Intellectual Property Intellectual Property Law 162

SpicyIP

JANUARY 12, 2022

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

Intellectual Property 145

Intellectual Property Publishing Copyright Technology 145

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

The IPKat

JANUARY 9, 2022

The IPKat Team was extremely saddened to be informed of the passing of Professor William (Bill) Cornish. The co-founder of our blog, Professor Jeremy Phillips, remembers him as follows: In memoriam: William (Bill) Cornish (1937 - 2022) by Jeremy Phillips I first encountered Bill Cornish in 1974 when, as a raw intellectual property doctoral student, I travelled up from Canterbury to discuss my chosen topic and seek his advice.

Intellectual Property 145

Intellectual Property IP Art Blogging 145

Plagiarism Today

JANUARY 11, 2022

Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one. The issue impacts a series of imageRUNNER printers and has been caused by the global chip shortage.

Copyright 212

Copyright Plagiarism Reporting Law 212

Technology & Marketing Law Blog

JANUARY 9, 2022

A recap of emoji law developments in 2021: Court References. I maintain a dataset of US court opinions that reference emojis and emoticons. I have compiled the dataset using keyword alerts in Westlaw and Lexis, supplemented by a few opinions I’ve found other ways. The latest version enumerates a total of 586 opinions through the end of 2021. Most case references are merely that–the court simply notes the presence of a symbol as part of reciting evidence in the case.

Law 136

Law Registration Settlement Litigation 136

The IPKat

JANUARY 10, 2022

On January 1, France took over the Presidency of the Council of the European Union. As the current president, France is responsible for the functioning of the Council of the EU. Among its responsibilities, France will determine the Council’s agenda in discussing the Commission’s draft acts and set priorities in EU policy-making. In that connection, France has recently published its programme for the Presidency [available here in English], which includes several actions on intellectual property.

Designs 141

Designs Design Intellectual Property Publishing 141

Plagiarism Today

JANUARY 12, 2022

On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin. Though seemingly a minor decision, the ruling puts to rest a 10-year dispute dealing with plagiarism, allegations of bias and an academic enforcement system that seems to have been ill-equipped to deal with this kind of case.

Plagiarism 194

Plagiarism 194

TorrentFreak

JANUARY 10, 2022

While there are a handful of other contenders, PrimeWire is one of the most enduring pirate streaming portals on the internet today. In various forms, including under the 1channel branding , the site has been in operation for perhaps eight years. In common with many similar sites, PrimeWire has had its fair share of anti-piracy problems over the years.

Copyright Infringement 143

Copyright Infringement Copying Copyright Branding 143

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 Watchdog

JANUARY 12, 2022

Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent.

Patent Law 131

Patent Law Law Patent Technology 131

Patently-O

JANUARY 11, 2022

by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed.

Patent 131

Patent Invention Patent Infringement Art 131

Plagiarism Today

JANUARY 12, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set.

Cease and Desist 167

Cease and Desist Television Licensing Designs 167

TorrentFreak

JANUARY 14, 2022

In October 2020, the RIAA caused outrage by taking down YouTube-ripping tool youtube-dl from GitHub. The RIAA cited the anti-circumvention provisions of the DMCA, claiming that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. With little supporting case law in the United States, the RIAA referenced a decision from the Hamburg Regional Court in a similar case, which found that YouTube’s “rolling cipher” should be considered an effective t

Cease and Desist 136

Cease and Desist Music Copying Licensing 136

IP Watchdog

JANUARY 13, 2022

Today, the full Senate Judiciary Committee officially voted to confirm the nomination of Katherine Vidal by a vote of 17-5 for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The Committee also voted 16-6 in favor of Judge Leonard Stark, President Biden’s nominee to replace U.S.

Intellectual Property 128

Intellectual Property Trademark Patent Government 128

Patently-O

JANUARY 13, 2022

by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural. Congress created the regional circuit courts of appeals as a buffer between the trial courts & Supreme Court.

Patent 126

Patent Patent Law Law 126

Plagiarism Today

JANUARY 13, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Krafton Sues Garena, Apple, and Google over Free Fire Copyright Infringement. First off today, Aaron Orr at Pocket Gamer reports that the developer of the battle royale game PUBG has filed a lawsuit against competitor Garena after alleging that Garena’s mobile game Free Fire is a copyright infringement of PUBG.

Settlement 163

Settlement Designs Design Copyright Infringement 163

TorrentFreak

JANUARY 9, 2022

Popular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of sites. This includes multinationals, governments, but also some of the world’s leading pirate sites. Not all rightsholders are happy with the latter. Some have accused Cloudflare of facilitating copyright infringement by continuing to provide access to these platforms.

Reporting 136

Reporting Copyright Copyright Infringement Copying 136

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. (Case C-175/21 Harman International Industries, Inc. v. AB SA.) In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Trademark 126

Trademark Trademark Law Marketing Marketing 126

IPilogue

JANUARY 13, 2022

Photo by Matthew Henry ( Unsplash ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. This article was originally written as part of the IPilogue’s annual Year in Review but has instead been published as a standalone article. 2021 was a transformational year for Canadian privacy legislation. Following the changes made to the Federal reforms to PIPEDA in 2020 , several provinces amended their privacy legislation to protect their constituents’ interest

Privacy 119

Privacy Publishing Reporting Government 119

JD Supra Law

JANUARY 11, 2022

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive - In Modernatx, Inc. v. Arbutus Biopharma Corporation, Appeal No. 20-2329, the Federal Circuit held that a presumption of obviousness based on overlapping ranges requires showing that the overlapping range is actually taught by the prior art.

Art 121

Art 121

TorrentFreak

JANUARY 11, 2022

Twitch is best known for its video game live streaming but over time user behavior has taken the platform in new directions. Of course, variety is great for the community, especially when fresh ideas inspire creativity and push the boundaries to enable progress. But what happens when some of the platform’s most popular streamers jump onto a trend that most people know is likely to land both them and Twitch in hot water?

Copyright Infringement 135

Copyright Infringement Copyright Reporting Copyright Law 135

IP Watchdog

JANUARY 12, 2022

A webinar hosted on Tuesday, January 12, by The Federalist Society’s Regulatory Transparency Project featured former U.S. Patent and Trademark Office (USPTO) Directors Andrei Iancu and David Kappos, as well as Duke University Professor of Law and former USPTO Administrator of the Office of External Affairs Arti Rai, discussing the proposal to the World Trade Organization (WTO) to waive IP rights under the Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement for certain COVID-1

IP 124

IP Intellectual Property Technology Trademark 124

SpicyIP

JANUARY 11, 2022

Green-coloured signboard with text “rejection just ahead” Image from here. We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which c

Invention 119

Invention Patent Art Patent Application 119

IP.com

JANUARY 10, 2022

AI is a rapidly changing technology with the potential to impact both business and everyday life. In 2022, AI will continue to advance. Algorithms will be based on larger data. The post 4 AI Trends We’ll See in 2022 appeared first on IP.com - IP Innovation and Analytics.

IP 119

IP Business Technology 119

TorrentFreak

JANUARY 11, 2022

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. Several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

Copyright 132

Copyright Law Copying Copyright Infringement 132

IP Watchdog

JANUARY 10, 2022

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) will hear oral argument in SAS Institute, Inc. v. World Programming, Ltd., a copyright infringement suit with far-reaching consequences for American creativity. SAS is a North Carolina-based software company, well known for its highly successful analytics software. World Programming, Ltd (WPL) is a British software company that, by its own admission, set out to “clone” SAS’s creative and popular software.

Copyright 124

Copyright Registration Copyright Infringement Litigation 124

JD Supra Law

JANUARY 11, 2022

2021 saw a surge in NFT trades, with sales volume reportedly reaching a whopping $23 billion. Many have jumped on the bandwagon to collect NFTs often at unthinkable prices, but what exactly do you get for what you pay?

Reporting 110

Reporting 110

The IPKat

JANUARY 10, 2022

This Kat has now woken up from his winter slumber. Let’s see what happened in the IP blogosphere during the first week of 2022:- Copyright The Kluwer Copyright Blog wrote about the EU concept of work in relation to football matches (see here ) and the possible sources of originality in the filming and broadcasting of the match (see here ). Patents In the United States, PatentlyO reported that Apotex Inc. recently issued a petition for writ of certiorari in the case of Apotex Inc. v Cephalon, Inc

Blogging 106

Blogging IP Art Copyright 106

TorrentFreak

JANUARY 12, 2022

Little over two weeks ago we broke the news that a user, going by the name “Widevinedump”, had leaked a collection of movie ripping scripts on GitHub. These were high-profile leaks as Widevine is one of the leading content protection tools in the video business. The Google-owned technology is used by many of the largest streaming services including Amazon, Netflix and Disney+.

Copying 131

Copying Reporting Business Technology 131

IP Watchdog

JANUARY 11, 2022

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention. Similarly, a car manufacturer can simply rely on communication technologies developed by telecom experts outside the automotive ecosystem to guarantee connectivity to its flee

Licensing 122

Licensing Business Marketing Marketing 122

JD Supra Law

JANUARY 14, 2022

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail here. The first amicus brief was submitted by the Association of University of Technology Managers (AUTM), Biogen, Bristol-Myers Squibb, Corning, Merck Sharp & Dohme, and St.

Technology 108

Technology 108

IPilogue

JANUARY 14, 2022

Photo by Engin Akyurt ( Unsplash ). Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

TorrentFreak

JANUARY 14, 2022

Three years ago, Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. This landmark ruling is currently under appeal but Cox also discovered new information that could turn the initial verdict on its head.

Music 131

Music Copyright Infringement Copyright Copying 131

IP Watchdog

JANUARY 11, 2022

Today, patent data analytics firm IFI CLAIMS released its annual report of the top U.S. patent recipients and active patent family owners, providing the IP world with a look at the patent ownership landscape that developed throughout the course of 2021. For yet another year, information technology R&D giant International Business Machines (IBM) earned the top spot among entities obtaining patents from the U.S.

Ownership 120

Ownership Patent Technology Reporting 120