Intellectual Property Law Blog

MAY 11, 2021

On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines. While the United States has taken the opposite position in recent months, the administration asserts that its departure is guided, at least in part, by the goal “to get as many safe and effective vaccines to as many people as fast as possible.” [1] That goal, however, is unlikely to be affected by such a waiver in the short term due to uncertainty in World Trade Organ

Intellectual Property 246

Intellectual Property Patent Infringement Patent Technology 246

Hugh Stephens Blog

MAY 10, 2021

In the ongoing struggle against content piracy, a global scourge that undermines and competes unfairly with legitimate content producers and distributors, blocking offshore web and streaming sites that distribute pirated content has proven to be an effective tool in many countries.

246

246

Erik K Pelton

MAY 12, 2021

The following is a transcript of my video Amazon Brand Registry Update for Trademark Owners. For those of you who sell online, you’ve probably heard of the Amazon Brand Registry. We have worked with many, many clients who have participated in the Amazon Brand Registry or otherwise sellers on Amazon. Sometimes, they’re exclusively sellers on Amazon.

Branding 130

Branding Branding Brands Trademark 130

Managing IP

MAY 13, 2021

The Intellectual Property Office of the Philippines was among many businesses forced to operate under the country’s enhanced community quarantine measures during the pandemic.

Intellectual Property 98

Intellectual Property IP Business 98

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

Kashishipr

MAY 12, 2021

What are Geographical Indications? Geographical indications (GIs) are place names used to identify products that come from these regions and protect the quality and reputation of a distinctive product originating in a certain region. GI tagging is attributed in such a manner that quality, reputation, and other salient features of the commodity are linked to the location of origin.

Intellectual Property 98

Intellectual Property IP Marketing Marketing 98

Art Law Journal

MAY 13, 2021

Steve Schlackman. Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements?

Copyright Infringement 97

Copyright Infringement Copyright Registration Licensing 97

The IP Law Blog

MAY 14, 2021

Quick answer: no! The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. While this is not a common occurrence, in this case, it’s an easy conclusion to reach.

Law 86

Law Inventor Patent Invention 86

IP Blog

MAY 14, 2021

In our earlier article, Trade secrets – the need to be systematic , we discussed the use of Confidential Disclosure Agreements (CDAs), also known as non-disclosure agreements (NDAs). These contracts play a meaningful role in safeguarding trade secrets and other confidential information by facilitating and controlling their limited distribution. Here we will discuss the relevance of CDAs, their essential components and situations in which they are used.

Confidentiality 52

Confidentiality Contracts Law 52

Art Law Journal

MAY 11, 2021

The first step in identifying where your work belongs to ask yourself is: What kind of work do I love? Who is my audience? The post Understanding your Market As An Illustrator appeared first on Art Business Journal.

Marketing 61

Marketing Marketing Journalism Art 61

Erik K Pelton

MAY 12, 2021

Time flies when you are having fun! In a special episode, Erik reflects on three years of podcasting. The post Celebrating Three Years of Tricks of the Trade(mark) appeared first on Erik M Pelton & Associates, PLLC. Time flies when you are having fun! In a special episode, Erik reflects on three years of podcasting.

100

100

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

GDB Firm Blog

MAY 13, 2021

Ilumina Inc., and Sequenom, Inc., appealed a decision from the District Court in California holding that appellants' patents 9,580,751 (the '751 patent) and 738,931 (the '931 patent) are invalid under 35 U.S.C. § 101 as directed to an ineligible natural phenomenon.

Patent 52

Patent 52

IP Intelligence

MAY 11, 2021

In Perry v. H.J. Heinz Company, et al. (No. 20-30418 5th Cir. April 12, 2021), the U.S. Court of Appeals for the Fifth Circuit dealt with the issue of whether de minimis use can defeat a claim of trademark abandonment. It can, provided that such use is not made in good faith and not simply to maintain a trademark. In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP.

Trademark 52

Trademark Registration Branding Branding 52

Art Law Journal

MAY 13, 2021

Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements? The post The Etsy Copyright Infringement Problem appeared first on Art Business Journal.

Copyright Infringement 52

Copyright Infringement Copyright Journalism Art 52

Garrigues Blog

MAY 11, 2021

Architects and engineers take note! Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. However, it is a little known right in the industry and it is advisable to make use of it because it offers authors several advantages.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

Olartemoure Blog

MAY 11, 2021

Decree 1787 of 2020 from MoH contains the guidelines to assess chemical and biological synthesis drugs which due to its potential use in the treatment of COVID, can obtain an Emergency Use Health Authorization ( ASUE in Spanish ) and can be employed on a conditional and temporary basis (1 year) with the possibility of a one time renewal. The drug candidate must undergo a Phase III clinical trial (in Colombia or another country) and provide additional support of the safety and efficacy of the dru

Reporting 52

Reporting Intellectual Property Government Registration 52

BYU Copyright Blog

MAY 10, 2021

As promised, here is an update on the Bell v Eagle Mountain-Saginaw School District case. If you'd like to read our previous posts related to this case please click here for the first, and here for the second.In its opinion and order, the court used an extended comparison to a boxing match to explore each of the four factors to determine whether or not the tweet was fair use.As a refresher, courts generally consider four factors in determining whether a use is fair: (1) the purpose and character

Fair Use 52

Fair Use Copyright Copyright Infringement Marketing 52

IP Intelligence

MAY 10, 2021

On April 29, 2021, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision holding the importation and sale by Bio-Rad Laboratories, Inc. (Bio-Rad) of certain microfluidic systems and components used for gene sequencing or related analyses infringed certain 10X Genomics Inc. (10X) patent claims and, moreover, that 10X practiced the patent claims satisfying the requirement of a domestic industry.

Ownership 52

Ownership Inventor Invention Intellectual Property 52

Managing IP

MAY 12, 2021

In the second Managing IP masterclass, Charlotte Kilpatrick talks to IP specialists about how in-house teams can protect their companies from trade secret theft

IP 52

IP 52

Stock Legal Blog

MAY 12, 2021

IP 95

IP Intellectual Property 95

Fish & Richardson Trademark & Copyright Thoughts

MAY 14, 2021

Fish principal Andrew Pearson was recognized by Massachusetts Lawyers Weekly in its 2021 Excellence in Law section as an “Up & Coming Lawyer.” Honorees of this award are rising stars in their local legal communities and have been members of the bar for 10 years or less, but who have already distinguished themselves. Pearson is a principal in Fish’s Boston office and specializes in patent , trade secret , and copyright litigation matters in both U.S. district courts and the U.S.

Litigation 40

Litigation Business Technology Law 40

Chicago IP

MAY 14, 2021

The AIA Trials Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a fireside chat with Vice Chief Judge Michael Tierney and McDonnell Boehnen Hulbert & Berghoff LLP partner George “Trey” Lyons, III on May 25, 2021 from 10:00 a.m. to 11:00 a.m. CT. This event is free for IPLAC members. Please click here to register.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Registration Law 40

Managing IP

MAY 14, 2021

The Department of Justice’s antitrust division could be more sympathetic to implementers, but it’s still too early to tell, say industry and law firm sources

Law 52

Law 52

Above the Fold

MAY 14, 2021

Last week, the U.S. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here. This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. These updates are a part of the FDA’s Nutrition Innovation Strategy (NIS), which is intended to reduce the burden of chronic diseases related to nutrition.

Advertising 40

Advertising Advertising 40

CoCal IP Law Institute

MAY 13, 2021

For our weekly SoCal IP Institute meeting on Monday, May 17, 2021 at 1:00 pm, Mark Goldstein will lead a discussion of two recent Federal Circuit patent cases. Free Stream Media Corp. dba Samba TV v. Alphonso Inc. (Fed. Cir. May 11, 2021, 2019-1506, 2019-213) Samba sued Alphonso in two courts, asserting infringement of its [.].

IP 40

IP Patent 40

Chicago IP

MAY 12, 2021

Putco, Inc. v. Carjams Com, Inc. , Slip Op., No. 20 C 50109 (N.D. Ill. Feb. 10, 2021) (Jensen, Mag. J.). Magistrate Judge Jensen granted in part defendant Carjams’ motion for a protective order concerning plaintiff Putco’s Fed. R. Civ. P. 30(b)(6) notice in this patent dispute. Of particular note: Carjams’ claim that Putco should be limited to ten topics, without some agreement by the parties, was not supported by the Federal Rules or the law.

Patent 40

Patent Patent Application Art Licensing 40

Managing IP

MAY 12, 2021

Sources from four Silicon Valley venture capitalist funds share their dos and don’ts for in-house counsel looking to pitch a life sciences start-up company

IP 52

IP 52

JIPL Online

MAY 10, 2021

By: Shivani Patel While the right to be forgotten is an understood legal right in Europe and many other countries, it is also a right that does not align with the values of the United States, specifically our First Amendment values. With privacy laws becoming a more commonplace discussion, it seems that this is inevitable conversation. How do we in United States deal with the clash between our First Amendment rights and a potentially necessary right to be forgotten?

Privacy 40

Privacy Blogging Law 40

GDB Firm Blog

MAY 10, 2021

Employer Barred from Reaching into the Future for a Date of Invention: The case discussed in this blog underscores two important points: 1. The importance of a date of conception of the complete invention; and 2. The limits of employer rights on the work of an employee post-employment.

Invention 40

Invention Blogging 40

Chicago IP

MAY 10, 2021

Got Docs, LLC v. Kingsbridge Holdings, Inc. , Slip Op., No. 19 C 6155 (N.D. Ill. Feb. 2, 2021) (Guzman, J.). Judge Guzman denied defendant Kingsbridge’s summary judgment motion and granted plaintiff Got Docs’ summary judgment in this trade secret case involving manage-document business. The parties disputed whether plaintiff Got Docs’ managers were authorized to file suit.

Business 40

Business 40

Managing IP

MAY 10, 2021

Counsel say changes in the law, preparing for licensing and litigation, and sowing uncertainty among competitors are great reasons to file continuations

Licensing 52

Licensing Litigation Patent Law 52

Delaware Intellectual Property Litigation Blog

MAY 9, 2021

Happy Mother’s Day!

False Advertising 40

False Advertising Advertising Advertising Intellectual Property 40

U.S. Department of Commerce

MAY 14, 2021

Message from the 19th Deputy Secretary of Commerce, Don Graves. May 14, 2021. ASowah@doc.gov. Fri, 05/14/2021 - 16:22. Hello everyone. My name is Don Graves , and I’m so excited to serve as Deputy Secretary of Commerce. I come from a long line of small business owners, including ones who ran a horse and buggy taxi service on the land where the Department of Commerce sits today, and their son who owned and operated the only African American-owned hotel in the mid to late 1800s, just a few short b

Business 52

Business Government 52

IP Close Up

MAY 10, 2021

When it comes to intellectual property rights, nothing impedes like success. President Joe Biden last week threw his support behind the World Health Organizations proposal Continue reading.

Intellectual Property 58

Intellectual Property Business Patent Licensing 58

Managing IP

MAY 13, 2021

Daniel Shapiro of Red Points considers how IP leaders can report on metrics of brand protection software.

Branding 52

Branding Branding Brands Reporting 52

43(B)log

MAY 11, 2021

Knight First Amendment Institute, Reimagine the Internet Great panel today; more to come the rest of the week and they will shortly post the video. Francesca Tripodi (UNC) shared her amazing research about how conservatives use textual interpretation techniques to interpret information and reject journalistic interventions. Conservatives then use and trust Google’s top results, believing that Google top results reflect reality, which seems a bit contradictory to me.

Social Media 40

Social Media Privacy Designs Design 40