Wed.Oct 13, 2021

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Do News Publishers “Own” the News? (And Should They be Compensated when Others use News Content they Publish?)?

Hugh Stephens Blog

The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late. It has arisen because of the near financial collapse of much of the print media, particularly newspapers and news … Continue reading "Do News Publishers “Own” the News?

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The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei. As part of that rise to stardom, Haigh published a book in the summer of 2021 entitled Makan.

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GitHub Pulls Site and Repo of Pirate Proxy Service ‘Unblockit’ Offline

TorrentFreak

With 40 million users and over 100 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host virtually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. GitHub Removes Unblockit Repo. The vast majority of GitHub’s users showcase their work without issues, but not everything is allowed.

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CAFC Shoots Down Due Process Challenges to PTAB Structure

IP Watchdog

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal Circuit today ruled that the structure of the PTAB does not violate due process rights under the U.S. Constitution. While the PTAB’s ruling was ultimately remanded to the USPTO Director for review under Arthrex v.

Patent 119
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Announcing A Major Virtual Event, “Lessons from the First Internet Ages,” on Nov. 2-3, 2021

Technology & Marketing Law Blog

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled a remarkable collection of essays and a conference to explore them fully. The essays: we collected over a dozen submissions from some leading figures in Internet history and online communities.

Blogging 118
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All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. It is a crucial choice to opt for the filing of a provisional patent application or not since a provisional patent application is optional while a complete specification filing is mandatory.

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Establishment and operation of CMOs in Greece

LexBlog IP

Legal forms of CMOs. According to article 8(1) of Law 4481/2017 on the collective management of copyright and related rights, “collective management organisations operate under any legal form under the terms of article 3(a)” Therefore, upon the establishment of a collective management organisation (CMO) in Greece, the members (ie, the rights holders) themselves are free to choose the legal form that best serves their interests.

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ToolGen Reply to Broad Opposition to ToolGen Preliminary Motion No. 1

JD Supra Law

On May 20th, Senior Party ToolGen filed its Substantive Motion No. 1 for benefit of priority to U.S. Provisional Application No. 61/837,481, filed June 20, 2013 ("P3" or "ToolGen 5 P3"), or alternatively, International Application No. PCT/KR2013/009488, filed October 23, 2013 ("PCT"). Junior Party the Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") filed its Opposition to this motion, and on September 24th ToolGen filed its Reply.

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Universal Blames Junior Employee In £4M Music License Suit

IP Law 360

Record label Universal says a junior employee ultimately dismissed for gross misconduct was not authorized to sign a license agreement with a London media company, which it has hit with a £4.2 million ($5.7 million) lawsuit.

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IP 101: Patentable Subject Matter

JD Supra Law

Under the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes.

Patent 101
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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law?

Likelihood of Confusion

First published February 14, 2013. I have no problem using the TTABlog for a blog launching point every week. Why would I when I can riff on a post such. The post Best of 2013: WAL-ZYR versus ZYRTEC: Allergic to legislating trademark law? appeared first on LIKELIHOOD OF CONFUSION™.

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Partnering for Innovative Business Models for Open Access Publishing at Frankfurt Book Fair

Velocity of Content

This year, the Frankfurt Book Fair is offering events, exchange and inspiration in advance of the on-site book fair from 20 to 24 October. From 11-15 October, Frankfurt will offer its new Masterclasses, 60-minute lectures featuring insights into exciting future markets as well as topical issues in publishing. On 14 October 15:00-16:00, CCC will present, “ Partnering for Innovative Business Models for Open Access Publishing ” with participants including Niamh O’Connor, Chief Publishing Officer,

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New vehicle supply constraints and the impact on personal injury claims

Nelligan Law

Reading Time: 2 minutes The COVID-19 pandemic has spared few industries from disruption and in recent months, the automotive industry has felt the sting of the global semiconductor shortage, halting the production of new vehicles across North America and Europe. A new car contains hundreds ­– or in some cases thousands – of semiconductors chips, the computer components that make electronic devices work.

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Split Fed. Circ. Rejects Claim Of PTAB Bias Against Patentees

IP Law 360

A split Federal Circuit panel ruled Wednesday that the Patent Trial and Appeal Board's fee and bonus structure doesn't make it biased against patent owners, although one judge said the board is likely unconstitutional and criticized the majority's "facile endorsement of the present system.

Patent 76
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Legendary: Anita Baker Reclaims Masters

IPilogue

Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Anita Baker is a legendary soul and R&B singer-songwriter who rose to fame in the 1980s. The iconic singer has won eight Grammys and various notable awards for her popular and timeless ballads. Earlier this year during Grammy season, Baker requested that fans not stream or buy her music.

Music 59
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Fed. Circ. Slams Albright's Transfer Refusals In 2 More Cases

IP Law 360

Western District of Texas Judge Alan Albright saw the Federal Circuit ship two separate cases involving Pandora and NetScout out of his courtroom Wednesday, in decisions that called his refusal to transfer the lawsuits a clear abuse of discretion.

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Federal Circuit Rejects Arguments of Bias at the PTAB

Patently-O

Mobility WorkX v. Unified Patents ( Fed. Cir. 2021 ). In a 2-1 decision, the Federal Circuit has rejected Mobility’s argument that the PTAB Judges have an improper financial interest in instituting AIA proceedings. The baseline here is that the patentee presented evidence that Board members who institute more AIA proceedings receive better performance reviews and more bonus money.

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Vivint Says ADT's The One Tricking Customers Into Switching

IP Law 360

Vivint Smart Home Inc. pushed back against allegations from rival home security provider ADT that it tricks customers into switching services, telling a Florida federal court that ADT has been attracting its customers away by lying and making disparaging statements.

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CNIPA’s assessment of novelty and inventiveness for transdermally administered ibuprofen could pave way for future similar decisions

IAM Magazine

Many patentees of pharmaceutical preparations find it difficult to defend the validity of their inventions before the China National IP Administration. However, a deep dive into the claims of a pharmaceutical preparation for ibuprofen provides some useful pointers.

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Girardi Scandal Provides Important Ethics Lessons

IP Law 360

The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

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Warning letters may be more trouble than they are worth: a cautionary tale

IAM Magazine

While sending a warning letter to perceived infringers is not a pre-condition to enforcing patent rights under Turkish law, it can be a cost-effective and swift way to resolve disputes. However, brand owners should be aware of the potential negative consequences before putting pen to paper.

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Allergan Inks $30M Deal With Restasis Buyers In Antitrust Suit

IP Law 360

Allergan has struck a $30 million deal with buyers of dry-eye medication Restasis to end allegations that the pharmaceutical giant fought to keep a generic version of the medication off the shelves.

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Due Process Argument Against PTAB Funding Structure Fails

LexBlog IP

Federal Circuit Gives Short Shrift to Bias Arguments. A number of due process theories have been floated over the past few months as the “next big thing” in potential constitutional challenges to the PTAB. Some have been arguing that PTAB judges are financially incentivized to institute Others have pointed out that judges that institute AIA trials are biased in favor of cancelling claims given it is the very same judges on the back-end.

Patent 52
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You Know His Name (Jason). You Know the Story (Friday the 13th). But Do You Know Who Owns Jason? The Second Circuit Does - and the Answer May Surprise You.

JD Supra Law

As of today, there have been twelve (yes, twelve!) movies released as part of the Friday the 13th series of horror films, as well as a television series. For those of you who have not seen any of these films, they are not for the faint of heart.

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Quinn Emanuel Loses Latest Partner To White & Case

IP Law 360

Another Quinn Emanuel partner has ditched the firm's Big Pharma-focused patent practice for White & Case, bringing along her experience of fighting off generic competition for brands like Johnson & Johnson and Gilead Sciences.

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Does Copyright Extend to “facts”? The Federal Court Sets the Story Straight on the Extent of Copyright Protection in Nonfiction Work

Canadian Intellectual Property Blog

INTRODUCTION In the recent 2021 decision of Winkler v. Hendley, 2021 FC 498 [ Winkler ], the Federal Court (the “Court”) addressed an unusual issue of copyright protection in a nonfictional work containing descriptions of events with questionable historical accuracy. In its decision, the Court reiterated that copyright protection does not extend to facts.

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No Coverage for Second Lawsuit Alleging Acts that Correlate to Acts Alleged in Earlier Lawsuit Predating Claims-Made Policy Period

JD Supra Law

A federal district court, applying Florida law, has held that an insurer owed no duty to defend or indemnify its insured because the acts giving rise to the underlying litigation were related to earlier litigation that predated the claims-made policy period. Datamaxx Applied Tech., Inc. v. Chubb Custom Ins. Co., 2021 WL 4166740 (M.D. Fla. Sept. 13, 2021).

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Canadian Federal Court of Appeal affirms that use of variant was use of Registered Mark

LexBlog IP

The recent Federal Court of Appeal decision in Geox S.P.A. v. De Luca considered whether modifications to the appearance of a trademark went beyond the scope of the registration. The Court also highlighted important factors for brand owners to consider when licensing and refreshing a corporate logo. The Use of Variants. The Registrar of Trademarks may cancel a trademark registration if it has not been used in the preceding three years.

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Considerations for Managing Innovation During a Crisis

IP.com

Businesses navigate challenges every day, but when business is good, innovation can seem like a small piece of the puzzle. Sometimes, it takes a crisis—whether internal, regional, or global—to highlight. The post Considerations for Managing Innovation During a Crisis appeared first on IP.com - IP Innovation and Analytics.

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Herbert Smith Freehills has advised InfraVia Capital Partners on the creation of a joint venture with Liberty Global Ventures to set up fibre-to-the-home in Germany

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills advised InfraVia Capital Partners, a French private equity firm specialised in infrastructure and technology investments, on the creation of a 50/50 joint venture with Liberty Global Ventures, the investment arm of Liberty Global, one of the Joint venture Liberty Networks Germany is subject to regulatory approval and will take a modular approach, with the first phase targeting a small number of municipalities in Germany.

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CNIPA’s assessment of novelty and inventiveness for transdermally administered ibuprofen could pave way for future similar decisions

IAM Magazine

Many patentees of pharmaceutical preparations find it difficult to defend the validity of their inventions before the China National IP Administration. However, a deep dive into the claims of a pharmaceutical preparation for ibuprofen provides some useful pointers.

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CAFC Upholds TTAB: GM's "SUPER CRUISE" Driving System Not Related to "SUPERCRUISE" Computer Components for Section 2(d) Purposes

The TTABlog

In a non-precedential ruling, the CAFC upheld the TTAB's decision ( here ) denying a petition for cancellation of a General Motors registration for the mark SUPER CRUISE for "computer software, cameras, ultrasonic sensors, global positioning system and radar object detectors fro the semi-autonomous driving of motor vehicles." The Board concluded that Petitioner Micro Mobio failed to prove a likelihood of confusion with its registered mark SUPERCRUISE for "“Semiconductor devices, computer hardwar

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Warning letters may be more trouble than they are worth: a cautionary tale

IAM Magazine

While sending a warning letter to perceived infringers is not a pre-condition to enforcing patent rights under Turkish law, it can be a cost-effective and swift way to resolve disputes. However, brand owners should be aware of the potential negative consequences before putting pen to paper.

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Supreme Court Ends The Second Extended Limitation Period

Intepat

In 2020, the COVID-19 virus severely affected all sectors of the country, including the legal realm. With a massive surge of cases and casualties thereof, it became strenuous for legal practitioners to continue functioning in a conventional capacity. Courts were required to transition to an online medium, which had its own pros and cons but heavily impacted the masses.

Art 52
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Copyright case: Markham Concepts Inc. v. Hasbro, Inc., USA

Kluwer Copyright Blog

Heirs of “Game of Life” developer failed to overcome work-for-hire doctrine in bid to terminate developer’s original transfer of rights to Hasbro predecessor. The federal district court in Providence, Rhode Island, correctly determined that heirs of toy developer Bill Markham could not reacquire copyrights to the boardgame “The Game of Life” from Hasbro, Inc., and the heirs of the late radio and television personality Art Linkletter, the U.S.