Thu.Aug 12, 2021

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3 Count: Phanatic Decision

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Phillies Should be Allowed to Use Modified Phanatic, Federal Judge in Copyright Dispute Says. First off today, Robert Moran at The Philadelphia Inquirer reports that a federal judge has recommended that the Philadelphia Phillies be allowed to continue to use their modified version of the famous Phillie Phanatic mascot even though the changes were relatively minor.

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Jake Paul Fight Piracy: Judge Dismisses Triller’s Main Lawsuit, Others On The Brink

TorrentFreak

Triller’s campaign to haul alleged Jake Paul vs. Ben Askren fight pirates into US courts hasn’t been straightforward. After filing one big lawsuit, that was later reduced to just one defendant by a judge, Triller began filing individual complaints against some of the original defendants. Thus far, that venture hasn’t gone particularly well.

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Biden Nominates First Chief Innovation and Intellectual Property Negotiator

IP Watchdog

President Joe Biden this week nominated Christopher Wilson to be Chief Innovation and Intellectual Property Negotiator at the Office of the U.S. Trade Representative (USTR). The position has not been filled since its creation in 2015. Wilson has been with the USTR for two decades, serving as Deputy Assistant U.S. Trade Representative for Innovation and Intellectual Property (2006-2008) and several Assistant U.S.

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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.

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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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Ensuring Access to TB drugs: Is Compulsory License the Way?

SpicyIP

This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016.

Licensing 134
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ThePirateBay.com Goes Up For Sale, But Renting is an Option Too

TorrentFreak

The Pirate Bay is arguably the best-known pirate site on the web. The iconic pirate ship logo is notorious around the world and more than 18 years after it first appeared online, the site still attracts millions of visitors. Pirate Bay Domains Expired. During most of its history, the site has operated from ThePirateBay.org domain. However, the official TPB-team also owned ThePirateBay.com and PirateBay.org.

More Trending

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Fight for the Future Doesn’t Speak for Artists (or anyone else)

The Illusion of More

Fight for the Future recently launched a new campaign website called End Creative Monopolies, and among its many vague declarations, the petition asks signatories to “demand the dissolution of the current US copyright system and a fundamental reimagining of artists’ rights and protections for the 21st century that shifts power away from creative monopolies and […].

Copyright 111
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Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California granting judgment on the pleadings to Google, Facebook, EMC Corporation and VMware, Inc. that PersonalWeb Technologies' patent claims were ineligible under Section 101. The decision was precedential and written by Judge Prost.

Patent 120
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New ANDA Cases - Summer 2021

JD Supra Law

This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings before the Patent Trial and Appeal Board concerning Orange Book-listed patents.

Patent 107
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What is Solitaire: Lemelson MIT?

IP.com

This guest blog was written for IP.com by Solitaired. Despite its fun and relaxing nature, solitaire can get a bit monotonous at times. That’s especially true for those who play. The post What is Solitaire: Lemelson MIT? appeared first on IP.com - IP Innovation and Analytics.

Blogging 105
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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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2020 Census Statistics Highlight Local Population Changes and Nation’s Racial and Ethnic Diversity

U.S. Department of Commerce

2020 Census Statistics Highlight Local Population Changes and Nation’s Racial and Ethnic Diversity. August 12, 2021. KCPullen@doc.gov. Thu, 08/12/2021 - 15:52. 2020 Census. Graphic on the Nation’s Racial and Ethnic Diversity. The following is a cross-post from the U.S. Census Bureau. The U.S. Census Bureau today released additional 2020 Census results showing an increase in the population of U.S. metro areas compared to a decade ago.

Designs 102
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A NFT Primer on Potential IP Ownership Legal Issues

JD Supra Law

Carolyn Toto recently joined host Joel Simon on his Industry Insights podcast continue the discussion of non-fungible tokens, related IP ownership issues and more. Joel Simon: Our discussion today is part of a series on non-fungible tokens, known as NFTs. We will take a look at some specific issues that are somewhat unique to NFTs, and try to give you, our listeners, some interesting things to watch out for as you wade into this relatively new space.

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Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System

Copyright Alliance

Imagine you’re an author, photographer, or songwriter who creates a website where you begin to post short stories, photos, or songs. You have a general familiarity with copyright law, have […]. The post Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System appeared first on Copyright Alliance.

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Legal Protection for the Software Arts — Part 5

JD Supra Law

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix a copyright notice, register with the copyright office, deposit copies of the software with the office to enjoy copyright protection….

Art 98
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Pitfalls Related to NCAA’s New Policy on Name, Image and Likeness

The IP Law Blog

At last, the NCAA has changed its policy on college athletes monetizing their name, image, and likeness, also known as their NIL. Who cares if the Supreme Court forced the NCAA’s hands in Alston v. NCAA , which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers.

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Broad Files Substantive Preliminary Motion No. 3 in CRISPR Interference

JD Supra Law

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 3 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party). This motion, pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.

Designs 98
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Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. Watch the full video on the Weintraub YouTube Channel here. Listen to the podcast version of this episode on your favorite platform or online here.

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A Procedural Bias Favors Patent Owners in IPRs

JD Supra Law

Many have argued that the PTAB is biased against patent owners, but one has to wonder whether they are taking into account the procedural benefits afforded to patent owners. As Intel experienced in its recent IPR, a petitioner gets one blind chance to make out its case for unpatentability. Intel Corp. v. XMTT, Inc., IPR2020-00145, Paper 37 (May 11, 2021).

Patent 98
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IPSC: Remedies and Creativity

43(B)log

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most Ps were unable to show that the info had been distributed to third parties.

IP 90
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[Audio] Oklahoma’s Booming Entertainment Industry

JD Supra Law

After practicing law for more than 20 years in Los Angeles and 15 years in Oklahoma City, entertainment industry veteran and Entertainment Practice Group Chair Jay Shanker is seeing more and more of a new class of clientele: filmmakers in Oklahoma. Jay discusses the burgeoning scene and Americana appeal that’s attracting internationally and nationally-known film professionals and how the industry, with potential to see significant growth over the next few years, could create additional long-term

Law 98
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Reflections of two years covering intellectual property

Managing IP

As my time at Managing IP draws to a close, I’d like to take a moment to reflect on what I’ve learned about IP law and innovation

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Patent Ownership and No Opinion Judgments

Patently-O

by Dennis Crouch. In BobCar Media v. Aardvark , the patentee (BobCar) sued Aardvark for infringing its utility and design patents as well as its trade dress related to mobile showroom services. The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. .

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Viacom Sues Rusty Krab Eatery Owner Over SpongeBob TM

IP Law 360

Viacom International on Wednesday hit a restaurant owner with a trademark infringement lawsuit in Texas federal court, arguing that the owner's Rusty Krab pop-up restaurant and bar is misusing Viacom's SpongeBob SquarePants intellectual property and tarnishing the popular television series.

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What Is Franchise Tax?

Legal Zoom

Some states implement a franchise tax on businesses for the privilege of being chartered or operating within their borders. Unlike a state income tax, which is calculated on the business's profit, franchise tax may not be tied to annual revenue.

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Industry Snapshot: Design Patents for Animal Products (April–June 2021)

JD Supra Law

Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever. In this Industry Snapshot, we take a look at the various types of animal product design patents that have been issued by the USPTO over the past few months.

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Revenue vs. Profit: What's the Difference?

Legal Zoom

Revenue and profit are both good signs for your business, but they're not interchangeable terms. Both represent an important way to understand your business.

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It's Time To Upgrade Our Attorney Licensure Rules

IP Law 360

The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

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Belmora Files Petition for Writ of Cetiorari in Long-Running FLANAX Battle with Bayer

The TTABlog

The long-running saga of Bayer v. Belmora has taken another turn. Belmora and its owner, Jamie Belcastro, have filed with the Supreme Court a Petition for a Writ of Certiorari [ here ], seeking review of the Fourth Circuit's decision in Belmora LLC v. Bayer Consumer Care AG, Bayer Healthcare LLC , 2021 USPQ2d 126 (4th Cir. 2021), reh’g denied , Mar. 16, 2021. [ TTABlogged here ].

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Employee Agreement of What “Shall Be” is Future Promise, Not Present Assignment

JD Supra Law

The US Court of Appeals for the Federal Circuit concluded that university bylaws did not automatically effectuate a present automatic assignment of patent rights and affirmed the district court’s denial of a motion to dismiss for lack of standing by the transferee. Omni MedSci, Inc. v. Apple Inc., Case No. 20-1715 (Fed. Cir. Aug. 20, 2021) (Linn, J.

Patent 61
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Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

43(B)log

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. TPG eventually sold the publication rights to Abrahams’s works to Columbia Books in 2013, which, in turn, sold the rights to Defendant Simplify Compliance (“Simplify”) in 2016.

Editing 59
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The Skinny Label That Wasn’t—Federal Circuit Reinstates Induced Infringement Verdict

JD Supra Law

The US Court of Appeals for the Federal Circuit vacated the district court’s grant of judgment as a matter of law (JMOL) of non-infringement where substantial evidence supported the jury’s verdict of induced infringement by an attempted “skinny label” that nonetheless encouraged doctors to engage in a patented use. GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., Case Nos. 18-1876, -2023 (Fed.

Law 61
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Objective Indicia: Nexus Analysis May Require Evaluation of Claims as a “Unique Combination”

LexBlog IP

In Chemours Company FC, LLC v. Daikin Industries, Ltd. , Nos. 20-1289, -1290 (Fed. Cir. July 22, 2021) , a CAFC panel held that the PTAB (“Board”) erred when it found no nexus existed between the claimed invention and evidence of alleged commercial success because the Board only considered the claim features separately and failed to consider that it was the “unique combination” of the claimed features that accounted for the commercial success.

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Guide: How to Enforce Intellectual Property Rights in China

JD Supra Law

This step-by-step guide sets out the actions to be taken upon discovering an infringement of an intellectual property right (IPR) in the People’s Republic of China (China). The IPRs addressed in this guide include copyright, trademark, patent, and unfair competition (including counterfeiting). .

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The the Step that Can Be Performed in The Human Mind is a Telltale Sign of Abstraction

LexBlog IP

In Personalweb Technologies LLC v. Google LLC , [2020-1543, 2020-1553, 2020-1554] (August 12, 2021), the Federal Circuit affirmed the district court’s judgment on the pleadings that various. claims of U.S. Patent Nos. 7,802,310, 6,415,280, and 7,949,662 were ineligible for patenting, and therefore invalid, under 35 U.S.C. § 101. The patents relate to data-processing systems that assign each data item a substantially unique name that depends on the item’s content, also known as a

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

JD Supra Law

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor provisions for online service providers and how they may avail themselves of the involved safe harbors.

IP 55