Showing posts with label importance of intellectual property. Show all posts
Showing posts with label importance of intellectual property. Show all posts

Tuesday, 25 August 2020

Priority Watch List Strikes Again


The Special 301 report prepared yearly by the United States Trade Representative (USTR) includes the Priority watch list countries identified as having several serious Intellectual Property Rights inadequacies that need increased USTR surveillance. India once again becomes a victim of this outrageous list for the 27th year in a row due to its insufficient measurable improvements on the Intellectual Property Rights framework that have long-lasting impacts and challenges leading to negatively affecting the American right holders. Although India has taken several steps to discuss the problems of the protection and enforcement of the IP rights, many of the actions have not yet converted into tangible advantages for the creators, due to which India, according to the latest Special 301 report, still prevails as one of the world’s most challenging economies with respect to management of IP rights.

It is a matter of fact that, yes, India has definitely dismissed the observations in the Special 301 report over the years admitting it as a unilateral report of the US since India was completely amenable with multi lateral IP directives.

Along with India, USTR has identified 11 countries in its Priority Watch List including China, Indonesia, Russia, to name a few. In the report, the US mentioned that India has major long-standing IP issues making it arduous for creators to receive and perpetuate patents in their respective businesses, particularly for pharmaceuticals. Besides these long-standing concerns, India furthermore confined the transparency of information on state-issued pharmaceutical manufacturing licenses.

Moreover, India failed to create a productive system for protection against the inequitable commercial use and the unsanctioned disclosure of data produced to acquire marketing approval for various chemical products used in agriculture. The report even asserts that both China and India were the leading origins of the spurious medicines distributed on a broad scale. “Though the exact figure is not disclosed, studies have suggested that up to 20% of the drugs sold in the Indian markets could pose a serious threat to human life.”

In spite of India’s repeated premises of restraining IP laws to increase access to the growing trend in technologies, the USTR declared that India maintained exceptionally high custom duties towards IP intensive products such as pharmaceuticals, medical devices, solar energy equipment, etc.

At the same time, the report also pens down some of the best practices by India in the IP sector last year. India’s Cell for Intellectual Property Rights Promotion and Management (CIPAM) assembles the government’s efforts to unravel processes, encourage commercialization, and increase IP awareness.

As a result of the deterrent given to India and other countries, the USTR wants the governments to support the predictability of IP systems by making sure to use obligatory licenses only when the circumstances are extremely unlikely and after putting in all the efforts required to procure authorization from the patent owner using rational terms and conditions.

According to the report, The US will continue to look at developments as required with the trading partners including India. 👉 ✅  For view source: https://bit.ly/3ljauJy

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Monday, 27 July 2020

IBM Files Second Lawsuit against Zillow Alleging Patent Infringement

patent infringement

The American multinational technology company, IBM (International Business Machines Corporation), has quite recently escalated its legal battle by filing a second lawsuit against Zillow (an American online real estate database company) alleging Patent Infringement. According to IBM, Zillow has infringed upon its patents to build a real estate search engine.
In the lawsuit filed on 21st July 2020 in federal court in Washington, IBM claimed that Zillow has infringed upon five of its patents, which improve the searches by ranking results and simplifying the content displays, among several other things. IBM also alleged that despite the written notifications, Zillow has engaged in a policy of willful blindness and is still very much using the technology. As per IBM’s statement in its complaint, dozens of similar companies, including Apple, Amazon, Facebook, and Google, have agreed to come into license agreements with IBM; however, Zillow is not among them. IBM stated that Zillow, instead, has chosen to infringe upon the five patents mentioned in the lawsuit filed without even paying due attention to having adequate licensing discussions in place.
For several years now, IBM and Zillow have been fighting over patent licensing deals.
Last year in September, IBM sued Zillow in federal court in California by accusing it of building its portal with the unauthorized use of IBM’s seven patented technologies. In that complaint, IBM stated that it had tried hard for three years to enter a licensing agreement with Zillow but wasn’t able to do the same. In that particular case, IBM is now seeking royalties on the billions of dollars in revenue, which Zillow has reportedly earned based on its infringement of IBM’s patented technology.
As per various reports and surveys conducted, IBM invests even more than $5 billion in research and development every year. The company has a history of filing patent infringement lawsuits against other tech giants like Twitter and Groupon. In March, this year, IBM filed a patent infringement lawsuit against Airbnb by accusing the travel startup of using its patents corresponding to improved navigation with advertising and bookmarks in an interactive service.
In a recent statement delivered, Zillow mentioned that it is very much aware of the lawsuit filed against it by IBM. Zillow believes that the claims in the lawsuit filed are without any merit. It further said that it would safeguard itself vigorously from this patent infringement lawsuit. For view source: https://www.kashishipr.com/blog/ibm-files-second-lawsuit-against-zillow-alleging-patent-infringement/
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Thursday, 16 July 2020

Instagram Opposes the Registration of Instagem Trademark


trademark registration

The widely known photo and video-sharing social networking platform, Instagram, has quite recently filed an opposition before the Trademark Trial and Appeal Board (TTAB) against the Trademark Registration of the word INSTAGEM by Market Organization Inc. In its opposition filed, Instagram has claimed that the INSTAGEM trademark will cause a lot of consumer confusion and also damage the reputation of Instagram. The applicant, Market Organization, is willing to get the mark INSTAGEM registered in International Class 41 for ‘Video Editing.’
According to Instagram, its social media platform was launched in 2010, and since then, it has been consistently using the INSTAGRAM trademark in connection with its platform in the US. It also owns a variety of Trademark Applications and registrations for the mark INSTAGRAM covering several goods and services. Besides Instagram’s social networking platform, the trademark applications and registrations include –
1.     Providing use of online temporary non-downloadable software for allowing the transmission of images, audiovisual, and video content
2.     Both downloadable and non-downloadable computer software for modifying the appearance and allowing the transmission of images, audio-visual, and video content
Instagram has alleged that Market Organization’s services are quite similar to the ones it offers corresponding to the INSTAGRAM mark. Instagram is now opposing this trademark registration as it believes that the applicant’s proposed trademark is deceptively similar to the INSTAGRAM mark, and the same holds immense potential for creating confusion in the minds of the customers or users. According to Instagram, the customers might also end up thinking that the applicant is or has been connected or affiliated with Instagram. Another possibility lies in the customers believing that the applicant’s services provided under the proposed trademark have been authorized, sponsored, endorsed, or licensed by Instagram. Additionally, it has also stated that the INSTAGEM mark shall dilute the INSTAGRAM mark and cause great damage to its reputation.

All in all, Instagram wants the trademark registration of the INSTAGEM mark to get refused.

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Tuesday, 7 July 2020

Aurangabad Research Scholars Win Patent for Innovative Thermal Imaging Device


Patent

Five research scholars and scientists from Aurangabad have quite recently won a Patent from Australia for an exceedingly innovative non-contact type thermal imaging system, which is a cost-effective thermal imaging system with multiple biomedical applications.
With the help of their innovation, the research scholars are looking forward to reducing the dependency of India’s healthcare sector on expensive thermal imaging devices coming from abroad. The researchers have mentioned that this system has been designed and developed for diagnostic support leading to disease detection. According to them, the system is capable of avoiding invasive diagnostic methods such as biopsies in the initial stages.
Shazia Shaikh, one of the research scholars, who is pursuing her Ph.D., said that while she was doing the M.Phil work on the processing of thermal images for disease detection, she found it arduous to obtain the thermal images of skin cancer. She had to get some of the images from F J Gonzalez, who is a research scientist from San Luis Potosí in Mexico.
While working on the innovation, Shazia Shaikh realized that buying a thermal camera can prove to be a costly affair for many research students. Therefore, they all started working efficiently on the possibility of designing and developing an effective and affordable thermal camera to generate their database of thermal images. The idea and concept were well supported by Shaikh’s guide, Dr. Ramesh Manza, who is an assistant professor in the computer science department of Babasaheb Ambedkar Marathwada University and Dr. Nazneen Akhter, who is an assistant professor at Maulana Azad College’s computer science department.
The research scholars have stated that the device is ready to be used for medical applications, where painless, non-invasive, and contactless diagnostic support is needed for studying the underlying health conditions, which are marked by the changes in the body surface temperature. They believe that the device can indeed play a crucial role in the early detection of diseases like diabetes, skin cancer, to name a few.
The fact that the thermal imaging system may reduce the frequencies of invasive diagnosis has impressed the concerned patenting authorities in this scenario. For view source: https://www.kashishipr.com/blog/amt-wins-patents-for-chemical-vapor-smoothing-in-europe/

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Thursday, 2 July 2020

AMT Wins Patents for Chemical Vapor Smoothing in Europe



AMT (Additive Manufacturing Technologies – the global leader specializing in the safe and sustainable post-processing solutions of additively manufactured parts) has quite recently got its core portfolio of patents for chemical vapor smoothing granted.
AMT’s patents focus on the novel and inventive apparatus, which is used in the chemical vapor smoothing of thermoplastic polymer parts produced from composite, flexible, and rigid subsets, like thermoplastic polyurethane, polyamide, and glass-filled derivatives, along with the newly announced polypropylene.
Significantly, the IP enables multiple consumables to be used to process the parts, which, in turn, allows AMT to remain flexible corresponding to new regulatory requirements and material offerings.
AMT’s UK patent GB2560073B, granted on 17th June 2020, and both the complimentary German utility models – 20 2017 007 255.6 and 20 2017 007 250.5, granted on 25th June 2020, provide retrospective Intellectual Property Protection to the 2017 filing date. The company is now expecting the corresponding patents to be granted by the US Patent and Trademark Office (USPTO) and the European Patent Office (EPO) in the coming future.
AMT’s patents are granted after its five years of research and development at the University of Sheffield (UK), along with the extensive commercialization of its PostPro3D machines with its global network of partners. The patents granted highlight the fact that AMT’s PostPro3D is indeed a differentiated and unique technology.
The CEO of AMT, Joseph Crabtree, mentioned in a recent statement delivered that the company is fulfilling all of its goals with one milestone at a time and a clear vision for the future. According to Crabtree, PostPro3D is a decided leader in fully sustainable, safe, and automated surface finishing systems for all the applications and materials in the industry. He further said that it is indeed terrific to see that AMT has efficiently secured its core patents after many years of hard work and development. He believes that AMT is recognized in the market for its unique inventions, and its overall strategy is undoubtedly based around its strong IP position.
AMT keeps collaborating closely with its partners and customers to maximize the delivered value to the industry and shall continue searching for solutions in the future as well to bring additive manufacturing a step closer to an industry-wide accepted manufacturing solution. For view source: https://www.kashishipr.com/blog/amt-wins-patents-for-chemical-vapor-smoothing-in-europe/
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Tuesday, 23 June 2020

University of Washington Wins Patent for its Innovative Air Filtration Technology


benefits of patent in india

The US Patent and Trademark Office (USPTO) has quite recently issued a patent to the University of Washington (a public research university in Seattle, Washington, founded in 1861) for a new form of energy-efficient and high-capacity air filtration technology developed at the UW Sensors, Energy, and Automation Laboratory.
The design, which pairs the particle-repelling plates with the foam-encased, particle-collecting, and disposable plates, can be efficiently used in HVAC design and air purification applications for the consumer and commercial markets. The patented technology, covered in the US Patent No. 10,668,483, was developed under the direction of an expert in electrostatics and particle pollution reduction, Igor Krichtafovitch, Ph.D. Dr. Krichtafovitch is the director of research and development at Agentis Air LLC, which is the exclusive licensee of the patented technology worldwide.
The indoor air quality has been linked to an increasing number of life-shortening diseases, such as heart diseases, respiratory ailments, and dementia, for quite a while now. Keeping in mind the recent public health concerns, the enhanced ability of Advanced Particle Removal Technology (APART)-enabled air purification systems and devices for removing the virus particles – underscores the importance of this technology.
APART has multiple advantages over the already existing filter-media technologies like HEPA filtration, notably the ability to reduce the backpressure and energy use substantially. Unlike mechanical HEPA-style filtration, there isn’t any filter to clog; hence, the airflow is improved for quieter operation, lower cost, and lower energy use. APART is also the first filtration system, which is capable of smart control and offering the ability to increase or decrease the energy use and system filtration levels on demand. The smart control feature can be designed to take advantage of advances in sensor technology and the internet of technology so that the filtration can be monitored and adjusted in real-time.
The patented technology efficiently overcomes the limitations of traditional Electrostatic Precipitator (ESP) systems – APART eliminates the need for manual cleaning, which makes it a low labor-cost, commercially scalable solution. The increased surface area and load capacity improve the overall effectiveness over traditional ESP. The technology also minimizes particle re-entry into the air and filter zone. Potential applications of the technology include commercial HVAC systems, portable air purifiers, and air exchangers and dynamic air-filtration systems using sophisticated, building-control sensor data. For view source: https://www.kashishipr.com/blog/university-of-washington-wins-patent-for-its-innovative-air-filtration-technology/

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Tuesday, 16 June 2020

Google Countersues Sonos as the Patent Dispute over Wireless Speakers Heats Up


patent infringement

The American multinational technology company, Google, has quite recently escalated a dispute with Sonos Inc., (an American audio company based in California) over the wireless home speaker market by filing a Patent Infringement lawsuit. The battle between the two companies, which had been working together to incorporate some specific Google features in Sonos’ speakers, erupted this year in January when Sonos sued the tech giant alleging patent infringement.
Sonos is facing a rising level of competition from the tech giants such as Amazon and Google, both of which are expanding into selling the internet-connected home gadgets by including the less expensive wireless speakers.
The parent company of Google, Alphabet Inc., has filed a complaint against Sonos in San Francisco federal court, by stating that Sonos has made false claims about Google’s shared works and technologies in its patent infringement lawsuits filed. It further mentioned that Google rarely sues other companies out there for patent infringement and asserts its Intellectual Property Rights (IPRs) only in serious matters.
As per Google’s patent infringement lawsuit filed, Sonos, the pioneer of wireless speakers, is making the most out of Google’s patented technology for software, search, audio processing, networking, streaming, and digital media management, that too, without having a license in place for the same.
Patrick Spence, the Chief Executive Officer at Sonos, has recently stated that the company is looking forward to winning not only its original lawsuit but also Google’s newly filed case. He also mentioned that instead of addressing the merits of Sonos’ lawsuit, Google has chosen to use its power to try and find areas in which it can retaliate. As per the recent statement delivered by Spence, Sonos is indeed sad to see that an innovative company like Google with an objective of “Do No Evil” is ignoring the fact that it has infringed upon Sonos’ patented inventions.
Sonos filed the patent infringement lawsuits against Google this year in January before the US International Trade Commission (USITC) and in federal court in Los Angeles by claiming that the tech giant infringed upon its patented inventions for multiroom-audio technology. Sonos alleged that Google gained undue knowledge of its technology via a partnership revolving around the integration of Google Play Music into the Sonos platform; however, pretty soon after the same, Google decided to cut its partner out and sell its all exclusive product line. On the other hand, Google has denied all the claims of patent infringement by Sonos and claimed that they all are invalid. The tech giant has also stated that it has helped Sonos significantly by providing technical assistance in developing its product.
Sonos is also seeking to block the imports of a plethora of Google products made in China, which includes the Home Max, Nest Hub, Chromecast, and Pixel 3 XL phone. For view source: https://www.kashishipr.com/blog/google-countersues-sonos-as-the-patent-dispute-over-wireless-speakers-heats-up/

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Thursday, 11 June 2020

Netflix Secures 'Space Force' Trademarks Ahead of the US Armed Forces


Trademark

The Netflix original comedy, ‘Space Force,’ starring Steve Carell and based on the new branch of the military launched by President Donald Trump, has quite recently obtained the Trademark Rights for the name before the US government.
Space Force is the space warfare service branch of the US Armed Forces. According to various reports, the show has efficiently secured the trademark rights to the name ‘Space Force’ in multiple places, including Mexico, Australia, and Europe. On the other hand, the Air Force, at present, has a pending Trademark Application for the registration of the name ‘Space Force’ in the US. The same implies that the show has more confirmed trademark rights than the US military.
Usually, the US Patent and Trademark Office (USPTO) grants trademarks as per the ‘First-to-use’ system, and Netflix had filed the trademark application for the name of the show as early as January.
In 2018, Trump had directed the Pentagon (the headquarters building of the US Department of Defense) to create a Space Force serving as the sixth and the youngest military service branch of the Department of Defense. The move has indeed been a talking point for President Trump in the past, with the supporters chanting ‘Space Force’ at his rallies taking place in the months following the directive.
The Netflix original show named after the branch debuted late last month. It revolves around the character of Steve Carell, who works as a General developing the new Space Force. The series, in addition to Carell, has other stars, including Ben Schwartz, John Malkovich, Lisa Kudrow, Diana Silvers, and Jimmy O. Yang.
Although most of the people across the globe do understand that there is a massive difference between the military ‘Space Force’ and the show ‘Space Force.’ However, the concept of a trademark can undoubtedly play an integral role in the merchandise confusion; for instance, if mugs or clothing were to hit the stores and the customers become curious to know who out of the two was selling the goods.
An Air Force spokesperson has recently mentioned that the military branch is unaware of any trademark conflicts at the moment with the fictional program ‘Space Force’ produced by Netflix. The entire branch has wished the best to the ‘Space Force’ show in its creative description of the newest branch of the military in the US. For view source: https://www.kashishipr.com/blog/netflix-secures-space-force-trademarks-ahead-of-the-us-armed-forces/

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Thursday, 21 May 2020

Redfin's Cofounder Sues Redfin Alleging Patent Infringement

Patent Infringement


David Eraker, the cofounder of Redfin (a Seattle-based real-estate company founded in 2004), has quite recently filed a Patent Infringement lawsuit against Redfin to stop it from making use of the image-based rendering patents owned by Surefield (a real estate company founded by David Eraker in 2012). The lawsuit is filed at United States District Court for the Western District of Texas in Waco.
Eraker had stopped working at Redfin in 2006.
In his lawsuit filed, Eraker has claimed that Redfin has copied several aspects of Surefield’s online home tour, which was launched in 2014. Through the 3D home-tour technology launched by Surefield in 2014, the sellers are no longer required to pay a 3% buyer’s agent commission for getting the buyers into their home.
Surefield created its proprietary, virtual 3D home-tour system by using the computer-vision technology, thereby giving buyers a realistic and remote tour of a home.
It was only four months after Surefield had launched its 3D home tours in 2014 that Redfin came up with its new product, known as the 3D Walkthrough. According to Surefield, Redfin’s new product has made use of its image rendering technology, that too, with a similar interface.
Eraker is Redfin’s third cofounder to file a lawsuit against the real estate company itself.
In a recent statement, Eraker has said that Surefield’s image-based rendering approach is the first solution in the market to a critical problem lasting in the residential real estate, which is to get people into houses, and Redfin copied it quickly, without causing any delay.
The major issue and concern that Eraker has seen in the patent infringement committed by Redfin in its 3D home tours is the technology that it leverages in 3D reconstruction and image-based rendering to create models of a home for real estate sales automatically, which are both spatially navigable and photorealistic.
Surefield has been awarded claims by the US Patent and Trademark Office (USPTO) for its image-based rendering system, which focuses on the use of composite images such as 3D reconstruction approaches to determine the geometry of a home, rendered panoramas, and spatial data labels, to name a few.
In its lawsuit filed, Surefield has claimed that Redfin has repeatedly declined to stop using its patents and has also refused to license them. The company is now looking forward to seeking damages and an injunction.
Surefield has also filed another claim for misappropriation of Intellectual Property (IP) against Redfin and Madrona Venture Group in King County Superior Court in Seattle. As per the claim, both the companies have misappropriated the IP corresponding to the map-based search and other inventions of Surefield. For view source: https://www.kashishipr.com/blog/redfins-cofounder-sues-redfin-alleging-patent-infringement/




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