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Past Week’s Daily News™

Friday, 26 August, 2016 12:25 pm

IP IN THE MASS MEDIA

Robin Thicke, Pharrell Appeal “Blurred Lines” Copyright Ruling

Yesterday BBC News reported that musicians ROBIN THICKE and PHARRELL WILLIAMS appealed a court’s decision that their single “Blurred Lines” copied MARVIN GAY’s song “Got To Give It Up,” arguing that a “cascade of legal errors” led to the decision.

Citigroup and AT&T End Trademark Dispute over “Thanks”

On Tuesday CNBC reported that Citigroup and AT&T settled a lawsuit brought by Citigroup claiming that AT&T’s use of “AT&T Thanks” in its customer loyalty program infringed Citigroup’s trademark on the phrase “thank you.”

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NEXT WEEK ON IPO’S IP CHAT CHANNEL: INDUCEMENT AND INDIRECT INFRINGEMENT: A MUDDLE AFTER NUVASIVE?

Tune in to the IP Chat Channel on Tuesday, 30 August at 2:00p.m. ET to learn more about Inducement and Indirect Infringement: A Muddle After NuVasive? Our panel will review the state of the law regarding inducement and give guidance for plaintiffs and defendants at each stage of litigation: pre-complaint, motion to dismiss, discovery, summary judgment, trial, and remedy. The panel includes two litigators with extensive experience in trying cases involving inducement, BLAIR JACOBS (Paul Hastings LLP) and JOHN CAMPBELL (McKool Smith), as well as Prof. TIMOTHY HOLBROOK (Emory University School of Law), an expert in inducement and whose work has been cited favorably by the Federal Circuit.

According to Judge REYNA’S concurrence in the recent Federal Circuit opinion in Warsaw Orthopedic v. NuVasive, the state of the law regarding inducement and indirect infringement is confused. That concurrence says the majority opinion is difficult to harmonize with Commil and Global-Tech, two of the U.S. Supreme Court’s recent decisions on this patent law topic. Our panelists will discuss unanswered questions about how to prove intent to induce and what constitutes willful blindness. They will also discuss the future direction of the law. IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

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AKIN GUMP TO SPONSOR IPO ANNUAL MEETING

The Tuesday Breakfast and Breaks at the 11-13 September 2016 IPO Annual Meeting in New York, New York, will be sponsored by Akin Gump Strauss Hauer & Feld LLP.




Thursday, 25 August, 2016 12:42 pm

IP IN THE MASS MEDIA

Songwriter Sues Ariana Grande for Copyright Infringement

Yesterday BBC News reported that songwriter ALEX GREGGS sued pop star ARIANA GRANDE for copyright infringement, claiming the artist’s song “One Last Time” has the same chorus as the song “Takes All Night” that he wrote for musician SKYE STEVENS.

U.S. ITC Judge Clears Fitbit in Trade Secret Dispute

On Tuesday Fortune reported that a U.S. International Trade Commission judge cleared Fitbit in a trade secret dispute with competitor Jawbone, ruling that “no party has been shown to have misappropriated any trade secret,” and denying Jawbone’s request to block imports of Fitbit’s wearable fitness tracking device.

LIVE USPTO TRADEMARK TRIAL AND APPEAL BOARD HEARING AT IPO ANNUAL MEETING

Maximize your effectiveness before the TTAB with this dynamic session at the 2016 IPO Annual Meeting. The session will begin with a live hearing before USPTO TTAB Judges MICHAEL ADLIN, MARC BERGSMAN, and KAREN KUHLKE. The panel of judges will also discuss what to expect from the USTPO’s pending “Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice.”




Wednesday, 24 August, 2016 12:36 pm

IP IN THE MASS MEDIA

Sleigh Bells Sues Demi Lovato for Copyright Infringement

On Monday the Los Angeles Times reported that indie pop-duo Sleigh Bells sued DEMI LOVATO for copyright infringement, claiming pieces of the solo artist’s song “Stars” are substantially similar to the duo’s song “Infinity Guitars.”

P&G Sues Edgewell on Razor Patents

Yesterday the Wall Street Journal reported that Procter & Gamble sued competitor Edgewell Personal Care Co. for infringing P&G subsidiary Gilette’s patents on three-bladed razor technology.

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MURGITROYD TO SPONSOR IPO ANNUAL MEETING

The Mobile App at the 11-13 September 2016 IPO Annual Meeting in New York, New York, will be sponsored by Murgitroyd.




Tuesday, 23 August, 2016 12:22 pm

USPTO PROJECTS DEFICIT SPENDING FOR FISCAL YEAR 2016

Last Thursday during the U.S. Patent and Trademark Office’s quarterly Patent Public Advisory Committee meeting, Chief Financial Officer TONY SCARDINO reported that projected collections for fiscal 2016 are about $3.09 billion. With projected spending estimated at $3.19 billion, the USPTO will dip into its operating reserve to cover the deficit. The projected operating reserve balance for the year is about $432.3 million. Scardino said the Office projected the shortfall in its multi-year budget and plans to use future excesses to replenish the reserve.

For fiscal 2017, the House and Senate Appropriations Committees marked the USPTO at $3.23 billion. Scardino said that if no appropriation was enacted before the end of FY2016 on 30 September, the Office will be funded by a continuing resolution that will expire sometime after the November election.

Scardino addressed the Office’s plans to move ahead with the fee review begun in 2015. The USPTO plans to publish a revised fee proposal in the Federal Register in the fall. The estimated effective date of any new fees is August 2017. He indicated that the plans were tentative due to the expected turnover when a new Presidential administration selects a new USPTO Director.

USPTO PROVIDES UPDATE ON REGIONAL OFFICES

Last Thursday during the U.S. Patent and Trademark Office’s quarterly Patent Public Advisory Committee meeting, Rocky Mountain Regional Office Director MOLLY KOCIALSKI reported that the USPTO’s four regional offices are up and running. Dallas and San Antonio will be fully-staffed by second-quarter of FY2017. Denver is currently fully-staffed. Detroit is in the process of fully staffing the office. Kocialski said the objectives of the regional offices are to recruit and retain patent examiners and Patent Trial and Appeal Board Judges, to act as a hub for IP outreach and education, to provide easy stakeholder access to USPTO resources, to enhance stakeholder relationships, and to spur economic development and innovation.

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TODAY ON IPO’S IP CHAT CHANNEL: BLOCKCHAIN – WHAT IP LAWYERS NEED TO KNOW

Tune in to the IP Chat Channel today at 2:00p.m. ET to hear an expert panel discuss Blockchain: What IP Lawyers Need to Know. Our panelists are PATRICK MURCK (Pillsbury), JOEL MEYER (Digimarc), and PAUL KELLER (Norton Rose Fulbright). IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IP IN THE MASS MEDIA

Hangzhou Chic Sues Swagway on Hoverboard Patents

Yesterday Hangzhou Chic Intelligent Technology Co., Ltd. announced that it sued Swagway, LLC for infringing its patents on technology for the Smart scooter, commonly known as the “Hoverboard.” (PR Newswire)

IPO ANNUAL MEETING SESSION TO ADDRESS CORPORATE PATENT PORTFOLIO STRATEGIES IN EUROPE

Attend IPO’s Annual Meeting, from 11-13 September in New York, New York, to learn about European patent portfolio strategies in light of the current system and the changes proposed with the Unitary Patent and Unified Patent Court. Moderated by MATTHEW GEORGIOU (Carpmaels & Ransford LLP), speakers include MARGOT FRÖHLINGER (European Patent Office), DANIEL STAUDT (Siemens Corp.), JOHN TREANGEN (Dow Chemical Co.), and GEORGE ALAN WHITTEN (Qualcomm Europe, Inc.).




Monday, 22 August, 2016 12:21 pm

IPO SUBMITS COMMENTS ON CHANGES TO REQUIREMENT FOR TRADEMARK AFFIDAVITS OF USE

On Friday IPO Executive Director MARK LAUROESCH sent a letter to the U.S. Patent and Trademark Office commenting on proposed changes to the requirements for affidavits or declarations of use, continued use or excusable nonuse in trademark cases. IPO supported the USPTO’s efforts to increase the accuracy and integrity of the trademark register by making the random audit pilot program permanent. IPO also suggested an option to reduce the burden on the randomly selected trademark holders. IPO’s U.S. Trademark Office Practice Committee, and particularly ALLISON S. RICKETTS (Fross Zelnick Lehrman & Zissu) and LISA ULRICH (IBM, Corp.), assisted with the comments.

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THIS WEEK ON IPO’S IP CHAT CHANNEL: BLOCKCHAIN – WHAT IP LAWYERS NEED TO KNOW

Tune in to the IP Chat Channel on Tuesday, 23 August at 2:00p.m. ET for Blockchain: What IP Lawyers Need to Know. The impact of distributed ledger technology known as blockchain remains to be seen. Will blockchain soon leap beyond its initial success in the currency Bitcoin to disrupt many industries and the legal profession itself? Companies and clients are curious, and IP lawyers can benefit from a better understanding of blockchain technology and its implications.

Panelists PATRICK MURCK (Pillsbury), former General Counsel of the Bitcoin Foundation, JOEL MEYER (Digimarc), executive vice president of IP at a technology company specializing in digital watermarking who has questions about blockchain, and patent litigator PAUL KELLER (Norton Rose Fulbright) will discuss: which industries beyond finance will embrace new blockchain applications; smart contracts—written in source code, recorded on a blockchain and automatically performed and enforced without the involvement of contracting parties or central authorities; blockchain security; and the IP landscape. IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IP IN THE MASS MEDIA

CNBC Reports on U.S. Olympic Committee Trademark Enforcement

Last week CNBC published an article titled “Olympic lawyers go for gold in trademark protection,” discussing the U.S. Olympic Committee’s efforts to protect its trademarks on official Olympics-related words, phrases, and hashtags.

ONE DAY LEFT TO VOTE!

Voting in the IP Video Contest ends tomorrow. Check out the finalists’ videos on our website and vote for your favorites today. Don’t forget to share the link with your friends and colleagues!

SESSION ON PROTECTION OF TRADE SECRETS AND CYBERSECURITY AT IPO’S ANNUAL MEETING

Attend IPO’s Annual Meeting, from 11-13 September in New York, New York, to learn about the protection of trade secrets and cybersecurity. Moderated by JAMES POOLEY (Orrick, Herrington & Sutcliffe LLP), the panel will discuss best practices for protecting law firm and company data and communications from loss through hacking, employee theft, and other threats to the security and confidentiality of privileged communications and trade secrets. Speakers include LOUIS BLADEL (Federal Bureau of Investigation), THADDEUS BURNS (General Electric Co.), and STEPHEN WARD (Pinkerton). Panelists will also explore steps to take in the event of a suspected intrusion or loss of important information and potential liability for such losses, as well as U.S. and international criminal and civil remedies for the theft of information, including the passage of the Defend Trade Secrets Act of 2016.