Intellectual Property

Privacy and Security Roundup: New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield

August 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup, we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI. Recent Developments A new comprehensive consumer privacy law On July 8, 2021 Colorado became the third state to enact a comprehensive…

Big Molecule Watch

J&J and Pfizer Settle Remicade Biosimilar Antitrust Suit

By Sean Anderson

August 4, 2021

On July 20, 2021, after nearly four years of litigation, Johnson & Johnson (J&J) and Pfizer have agreed to dismiss all claims asserted in the antitrust suit brought by Pfizer in the Eastern District of Pennsylvania regarding Remicade (infliximab). Remicade is an immunosuppressant that is used to treat Crohn’s disease, rheumatoid arthritis, and a variety of other inflammatory diseases. In its September 20, 2017 complaint, Pfizer alleged that J&J violated the Sherman Act and Clayton…

ILN IP Insider

Collective management of copyright and neighbouring rights in Greece

By Kriton Metaxopoulos of A. & K. Metaxopoulos and Partners Law Firm & Elena Nikolarea of A. & K. Metaxopoulos and Partners Law Firm

August 4, 2021

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Introduction Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the value of specific devices or materials that are used for private reproduction of protected works (as provided for in article…

Data Privacy + Cybersecurity Insider

Microsoft Warns of Tricky O365 Phishing Attack

By Linn Foster Freedman

August 4, 2021

If you are an organization that uses Microsoft Office 365 as your email platform, be on the lookout for a new tricky phishing attack recently used by cyber criminals. Microsoft has issued an alert to its customers warning them of the new attack, which merits mention to your users. The phishing scheme is designed to use convincing emails, a legitimate looking SharePoint site, and “a crafty combination of legitimate-looking original sender email addresses, spoofed display…

Ogden Glazer + Schaefer Blog

Legal Names vs. Trade Names or “Samuel J. Kavalier DBA Sam”

By Sam Kavalier

August 3, 2021

I called the customer service line for my utility provider the other day and had a moment of confusion when I was addressed as “Samuel J. Kavalier.” The name I heard was not “Sam,” the name by which friends and family have known me for as long as I can remember, and the name I use when I introduce myself. I recognized after the moment passed that the name I heard was my legal name,…

The Traklight Blog

Nintendo Wins Judgment in Infringement Case, Gets Nothing

By mwillee@traklight.com Mike Willee

August 3, 2021

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It’s not uncommon to see corporations go after fans who are engaged in infringement of that company’s intellectual property, and it’s easy to understand why even if you don’t always agree: every business wants full control over their IP and how it’s used and sold, and these fans are taking money out of the pockets of said business or using the IP in a way that the company doesn’t agree with, or often both. And…

Trading Secrets

District of Columbia Councilmembers Seek Clarification on Non-Compete Ban

By James Billings-Kang

August 3, 2021

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Since we last wrote about DC’s sweeping ban on non-competes (the “Act”), there have been many questions and concerns, not surprisingly. And now those have spilled over into deliberations before the DC Council, leading to Councilmember Elissa Silverman’s introduction of the Non-Compete Conflict of Interest Clarification Amendment Act of 2021 on May 21, 2021. Councilmember Silverman and others hope to limit the new non-compete law before it gets funded with an effective date of March…

Patents Post-Grant

Director Rehearing Decisions: No Path for Delay

By Scott McKeown

August 3, 2021

Director Adopts Panel Opinion A few weeks back, I explained that the new Arthrex rehearing option— to the Director of the USPTO —was a non-event for practitioners. Reason being, the Director cannot just unilaterally reverse decisions “just because” he/she likes or dislikes patents. Of course, any such decision would be reviewable on appeal by the Federal Circuit. While I was initially concerned with such filings piling up during the tenure of an Acting Director,…

Incontestable Blog

In the Fast Lane: One Year of SWIFT at the NAD

By Publisher

August 3, 2021

The National Advertising Division (NAD) is a self-regulatory forum for the advertising industry that monitors the transparency and veracity of national advertising and provides an alternative platform to federal district court litigation for industry players to challenge claims made by competitors.[1] The NAD handles approximately 150 cases each year, and challenges may be brought through one of three tracks: the Fast-Track (SWIFT), the Standard Track, and the Complex Track. The NAD process provides…

Data Privacy + Cybersecurity Insider

OCR Cybersecurity Newsletter Focuses on Controlling Access to ePHI

By Jean Tomasco

August 2, 2021

The Office of Civil Rights (OCR) of the U.S. Department of Health & Human Services recently issued its Summer 2021 Cybersecurity Newsletter, which focuses on controlling access to electronic PHI (ePHI) and the HIPAA Security Rule standards. Citing to a recent report of security incidents and data breaches in the healthcare sector, OCR noted that 61 percent of analyzed data breaches were perpetrated by external threat actors and 39 percent by insiders. Incidents include…

Intellectual Property

Privacy and Security Roundup: New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield

J&J and Pfizer Settle Remicade Biosimilar Antitrust Suit

Collective management of copyright and neighbouring rights in Greece

Microsoft Warns of Tricky O365 Phishing Attack

Legal Names vs. Trade Names or “Samuel J. Kavalier DBA Sam”

Nintendo Wins Judgment in Infringement Case, Gets Nothing

District of Columbia Councilmembers Seek Clarification on Non-Compete Ban

Director Rehearing Decisions: No Path for Delay

In the Fast Lane: One Year of SWIFT at the NAD

OCR Cybersecurity Newsletter Focuses on Controlling Access to ePHI

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