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Past Week’s Daily News™

Friday, 23 February, 2018 8:09 am

Andrei Iancu

SWEARING-IN CEREMONY FOR NEW USPTO DIRECTOR TO BE HELD TODAY AT USPTO

The U.S. Patent and Trademark Office will hold a ceremonial swearing-in for ANDREI IANCU, who was recently confirmed to be Under Secretary of Commerce for Intellectual Property and Director of the USPTO, this morning at 10:00a.m. ET at its Alexandria headquarters. The ceremony will be webcast.

FBI CYBER DIVISION TO PRESENT AT IP OWNERS SPRING SUMMIT

Attend the IP Owners Summit on 8 March in Washington, D.C. to learn about Cybersecurity in the Real World. KRISTEN LANE and ADAM LAWSON from the Federal Bureau of Investigation Cyber Division will discuss real-world examples of cyber adversaries targeting law firms and companies; provide an overview of recently observed tactics, techniques, and procedures used by cyber adversaries; and provide recommendations for increased awareness and to improve defenses. To view the full program and to register, visit www.ipo.org/SpringSummit18.

IP IN THE MASS MEDIA

Makers of Oscar-Nominated Movie The Shape of Water Sued for Copyright Infringement

On Wednesday the Hollywood Reporter reported that GUILLERMO DEL TORO and Fox Searchlight were sued for copyright infringement by the family of late author PAUL ZINDEL, who claim that the Oscar-nominated film The Shape of Water copies Zindel’s play Let Me Hear You Whisper.

Hershey Accuses Cannabis Businesses of Trademark Infringement

Yesterday the Associated Press reported on The Hershey Co.’s trademark enforcement activities against two California cannabis businesses it says sell edibles with names that are confusingly similar to those of classic Hershey’s candies.

WOMEN IN IP COMMITTEE ENCOURAGES MEN TO JOIN

IPO’s Women in IP Committee encourages men to join the committee. Diversity of viewpoints is critical to its mission of promoting the advancement of women in IP law and overcoming unconscious bias. Current committee member ANDREW CURRIER, CEO of Perry + Currier Inc. offers Five Reasons Why Men (Yes, Men) Should Join the Women in IP Committee.

To learn more, contact a member of the leadership team: SHRUTI COSTALES (HP Inc.), LAURA SHERIDAN (Google LLC), or MERCEDES MEYER (Drinker Biddle & Reath LLP). Join the Women in IP Committee today to participate!




Thursday, 22 February, 2018 8:11 am

IP IN THE MASS MEDIA

Judge Denies Disney Request for Injunction in Copyright Suit against Redbox

On Tuesday a federal judge in California denied The Walt Disney Co’s request for an injunction against Redbox, which it accuses of selling digital codes that facilitate customer downloads of digital copies of movies in violation of the terms of DVD “combo pack” copyright license agreements. The judge said “improper leveraging of Disney’s copyright in the digital content to restrict secondary transfers of physical copies…constitutes copyright misuse.” (Hollywood Reporter)

Artist Sues Kendrick Lamar, SZA on Use of Artwork in Music Video

Yesterday Pitchfork reported that artist LINA IRIS VIKTOR sued KENDRICK LAMAR and SZA for copyright infringement, claiming that their video for the song “All the Stars” from the Black Panther soundtrack used her artwork without authorization.

Chat Channel Logo with TM

TODAY ON IPO’S IP CHAT CHANNEL™: PTAB ON WI-FI ONE: WHAT’S NEXT FOR APPEALS?

Tune in today on the IP Chat Channel™ at 2:00p.m. ET to hear Hon. MICHAEL TIERNEY (PTAB) discuss the January en banc Federal Circuit opinion in Wi-Fi One LLC v. Broadcom Corp. which found that PTAB time-bar determinations under 35 U.S.C. § 315(b) are appealable because they do not fall within the scope of the judicial-review prohibition of § 314(d). This overruled an earlier panel decision in Achates v. Apple.

Our panel includes in-house counsel DAVID KELLEY (Ford Global Technologies LLC), who oversees the automaker’s post-grant docket; former PTAB Judge SCOTT KAMHOLZ (Covington & Burling LLP); and litigator MATT BERKOWITZ (Shearman & Sterling LLP).The panelists will discuss:

• The AIA’s various time bars as adjudicated by the PTAB and whether is there is inconsistency among PTAB panels;
• Other issues litigants are likely to appeal, such as naming all interested parties and the reach of estoppel;
• Real-party-in-interest and privity, because many potential appeals involve situations with various parties including joint defense groups, indemnification, and patent aggregators; and
• How the PTAB might respond to increased demands for discovery.

IP Chat Channel™ webinars are recorded and available on our website after the live webinars. CLE granted in many states.




Wednesday, 21 February, 2018 8:10 am

Federal Circuit Summaries Logo

**COURT UPHOLDS OBVIOUSNESS FINDING IN INTER PARTES REVIEW

Arendi S.A.R.L. v. Google, LLC, 16-1249 — Yesterday in an opinion by Judge NEWMAN, the Federal Circuit upheld a USPTO inter partes review decision that Arendi’s claims were obvious. The patent claimed a computerized method for identifying and substituting information in an electronic document. Arendi argued that the USPTO erred in finding that the claims would have been obvious over the “Goodhand” and “Padwick” references because an amendment that distinguished the “Tso” reference was a “prosecution disclaimer” that also distinguished Goodhand.

The Federal Circuit agreed that the USPTO’s failure to apply the prosecution disclaimer was in error because “the applicant amended the claims and explained what was changed and why, and the examiner confirmed the reasons why the amended claims were deemed allowable.” The Federal Circuit upheld the obviousness determination, however, after finding that substantial evidence supported the USPTO’s alternative holding that, even if the prosecution disclaimer were accepted, the claims were obvious over Goodhand.
(1 to 4 stars rate impact of opinion on patent & trademark law)

NEW OPPORTUNITIES WITH THE 2018 IP VIDEO CONTEST

The 2018 IP Video Contest has been revitalized with new opportunities for students to share their knowledge about IP! This year’s contest will launch on 1 March and along with cash prizes and scholarships in three age categories, the contest will include new awards: 1) $2,000 for the finalist video that receives the most Facebook likes and 2) $5,000 for the charity of the winner’s choice. Help us share these exciting opportunities for cash prizes and scholarships for students!

IP IN THE MASS MEDIA

Judge Overturns $2.54 Billion Patent Verdict for Merck on Hepatitis C Treatment

Last Friday a federal judge in Delaware overturned Merck’s $2.54 billion patent infringement verdict against Gilead, the largest patent infringement verdict in U.S. history, after finding Merck’s patent for compounds for treating hepatitis C invalid. (Bloomberg Technology)

Ren Ventures Seeks Dismissal of Lucasfilm’s Trademark Claims against Card Game App

Yesterday the Hollywood Reporter reported that Ren Ventures moved to dismiss Lucasfilm’s trademark claims against it related to its card game app Sabacc. Ren argued that Lucasfilm had no trademark rights to the fictional card game played in the Star Wars franchise because “it is impossible to offer fictional goods and services in commerce.”




Tuesday, 20 February, 2018 8:07 am

HOUSE JUDICIARY CHAIRMAN CONGRATULATES NEW USPTO DIRECTOR, INDICATES DESIRE TO DISCUSS IMPROVING USPTO POLICIES

Bob_Goodlatte

Last Thursday House Judiciary Chairman BOB GOODLATTE (R-Va.) sent a letter to USPTO Director ANDREI IANCU congratulating him on his recent confirmation and indicating that the committee would like to discuss with him “ways of improving USPTO internal processes and eliminating waste and abuse.” Goodlatte referenced a report released in January by the Commerce Department’s Inspector General concerning a former senior USPTO employee who charged the government for unauthorized taxicab rides costing more than $4,000 as a specific source of concern that might warrant reviewing internal policies.

ATTEND IP OWNERS SPRING SUMMIT ON 8 MARCH

Join IPO on 8 March 2018 for the IP Owners Spring Summit in Washington, D.C. The conference will provide an in-house focused program with topics that are directly relevant to in-house attorneys, while also providing outside counsel with information that will enhance relationship building and productivity with corporate clients. Parallel sessions will be offered in the morning for in-house and outside counsel. Afternoon sessions will be open to all attendees and include the following topics: Infringement Opinion as it Relates to Willfulness, Cybersecurity, and an ethics session. The conference will also provide excellent networking opportunities including a continental breakfast, coffee breaks, luncheon, and two-hour closing reception. To view the program and to register, visit www.ipo.org/SpringSummit18.

IP IN THE MASS MEDIA

Hanesbrands Sues Maxima Apparel for Infringing Trademark on Champion’s “C” Logo

On Saturday the Winston-Salem Journal reported that Hanesbrands Inc. sued Maxima Apparel Corp. for trademark infringement, claiming that several of its brands of men’s and boys’ apparel feature logos that are confusingly similar to the “C” logo for the Champion brand.

Edible Arrangement Sues Google for Trademark Infringement on Placement of Rival Ads

Today the Associated Press reported that Edible Arrangements sued Google Inc. for trademark infringement, claiming that the search engine’s placement of rival ads is likely to confuse consumers about its affiliation.

Chat Channel Logo with TM

THIS WEEK ON IPO’S IP CHAT CHANNEL™: PTAB ON WI-FI ONE: WHAT’S NEXT FOR APPEALS?

Tune in this week the IP Chat Channel™ on Thursday, 22 February at 2:00p.m. ET to hear the Hon. MICHAEL TIERNEY (PTAB) discuss the January en banc Federal Circuit opinion in Wi-Fi One LLC v. Broadcom Corp. which found that PTAB time-bar determinations under 35 U.S.C. § 315(b) are appealable because they do not fall within the scope of the judicial review prohibition of § 314(d). This overruled an earlier panel decision in Achates v. Apple.

Our panel includes in-house counsel DAVID KELLEY (Ford Global Technologies LLC), who oversees the automaker’s post-grant docket; former PTAB Judge SCOTT KAMHOLZ (Covington & Burling LLP); and litigator MATT BERKOWITZ (Shearman & Sterling LLP). They will discuss:

• The AIA’s various time bars as adjudicated by the PTAB and whether is there is inconsistency among PTAB panels;
• Other issues litigants are likely to appeal, such as naming all interested parties and the reach of estoppel;
• Real-party-in-interest and privity, because many potential appeals involve situations with various parties including joint defense groups, indemnification, and patent aggregators; and
• How the PTAB might respond to increased demands for discovery.

IP Chat Channel™ webinars are recorded and available on our website after the live webinars. CLE granted in many states.




Monday, 19 February, 2018 8:27 am

IP IN THE MASS MEDIA

Online Publications Infringed Copyright in Tom Brady Photograph by Embedding Tweet in Posts

On Friday Wired magazine reported that a judge in New York ruled that a number of online publications, including The Boston Globe and Breitbart, infringed JUSTIN GOLDMAN’s copyright by embedding a tweet in posts that contained a photograph of New England Patriots quarterback TOM BRADY and Boston Celtics president DANNY AINGE that Goldman had posted to Snapchat.

Ru-Paul’s Drag Race: All Stars Sues Leaker for Copyright Infringement

Last Thursday Variety reported that World of Wonder Productions, the producer of RuPaul’s Drag Race: All Stars, sued the owner of “RealityTVLeaks” handles on Instagram and Twitter for copyright infringement, claiming that he or she has obtained video before the show aired and leaked infringing still shots and video clips to the accounts.