Steve Brachmann is a graduate of the University at Buffalo School of Law, having earned his Juris Doctor in May 2022 and served as the President of the Intellectual Property Law Society during the 2021-22 school year. He currently works as a freelancer on research projects, blogging and media consulting and is accepting offers to work. Steve has written on intellectual property topics since January 2013. Other than IPWatchdog, Steve’s work has also been published by the Center for Intellectual Property Understanding, and he has worked as a ghostwriter on IP topics for several entities. Currently living in Buffalo, NY, Steve also works as a stage actor and pet sitter.
This week in Other Barks & Bites: Amici urge the U.S. Court of Appeals for the Federal Circuit to Reject Attempts to Curb Delaware Chief Judge’s Litigation Funding Rules; the U.S. Court of Federal Claims rules that the Centers for Disease Control and Prevention breached transfer agreements with Gilead Sciences in obtaining patents to HIV treatment that the agency has asserted against Gilead; the High Court of Delhi issues an order indicating that Telegram has disclosed IP addresses of copyright infringing accounts on its messaging platform; Judge Brasher concurs in an Eleventh Circuit ruling affirming a successful First Amendment defense for MTV Floribama Shore to urge the Eleventh Circuit to reject the Second Circuit’s “title-versus-title” exception to the Rogers test; the U.S. Food and Drug Administration halts authorization for Eli Lilly’s COVID-19 treatment for lack of effectiveness against dominant Omicron subvariants; and more.
On November 23, sportswriter Michael Bynum and his publishing label Epic Sports filed a motion for leave to file a second amended complaint and a proposed second amended complaint in the Southern District of Texas. The filings seek to revive copyright infringement claims filed by Bynum against employees at Texas A&M University for their roles in unauthorized distributions of Bynum’s biography of E. King Gill, a former Texas A&M student who inspired the 12th Man tradition at Texas A&M, by adding several new defendants who were actually responsible for the unauthorized copying at issue in the case.
On November 23, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungible tokens (NFTs). The announcement follows the dramatic rise in mainstream attention on NFTs due to their wildly fluctuating value, which has in turn created a great amount of confusion surrounding IP rights to NFTs and the underlying digital files used to create them.
This week in Other Barks & Bites: U.S. District Judge Alia Moses officially takes over as the Chief Judge as the Western District of Texas; the U.S. Supreme Court takes up Jack Daniel’s appeal of the First Amendment ruling in favor of VIP Products’ whiskey bottle-shaped dog toys; the World Intellectual Property Organization announces that two-thirds of all patent applications were filed in Asian IP offices during 2021; Senators Cruz and Cantwell introduce a bill directing the FTC to create required disclosures on recording capabilities for smart devices; the U.S. Patent and Trademark Office and the U.S. Copyright Office announce a joint study on non-fungible tokens; IBM files a copyright infringement suit against Micro Focus for its unauthorized use of IBM’s mainframe software; and the Seventh Circuit nixes a right of publicity claim under Illinois state law after finding that the sale of a magazine subscriber list did not involve the use of the plaintiff’s identity to complete a commercial purpose.