Wed.May 24, 2023

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Sharp Rise in Piracy Rates Across Sweden, Denmark, Finland & Norway

TorrentFreak

Mediavision has been tracking citizens’ piracy habits across the Nordic countries since 2010. The company’s annual report for Spring 2023, based on a survey conducted in March, has just been released. With Sweden, Denmark, Finland and Norway under the spotlight once again, Mediavision’s pan-Nordic consumer survey aims to measure unlicensed content consumption among 15 to 74-year-old respondents, across categories including movies and TV shows, and access to both via pirate IPTV

Reporting 123
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Supreme Court Affirms Amgen Patents’ Invalidity in Closely Watched Enablement Case

JD Supra Law

The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid, holding that the patents’ disclosures “offer[ed] persons skilled in the art little more than advice to engage in ‘trial and error.’”.

Patent 101
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Types of Intellectual Property Contracts

Intepat

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is highly recommended to seek legal advice while drafting intellectual property agreements because they often involve challenges foraging into interdisciplinary areas such as antitrust laws, franchise regulations, and international trade.

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Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

JD Supra Law

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13.

Invention 100
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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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National Mission on Quantum Technologies and Applications (NM-QTA) – I

SpicyIP

In this tripartite series, I shall: introduce National Mission on Quantum Technologies and Applications (NM-QTA); provide an overview of international quantum technology space; and offer comments on NM-QTA. Introducing National Mission on Quantum Technologies and Applications (NM-QTA) What is quantum computing? I can only provide a layman’s take on quantum computing.

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4 Foundational Copyright Tips for Medical Communications Professionals

Velocity of Content

Content reuse is central to most medical communications projects, but navigating the copyright guidelines applicable to this reuse remains a challenge for some agencies and clients. In this post, we’ll provide you with four copyright tips that will help you better understand how published material can be leveraged in your projects in a copyright compliant way.

More Trending

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Court Greenlights TikTok Content Moderators’ Lawsuit–Young v. ByteDance

Technology & Marketing Law Blog

TikTok outsources some of its content moderation/review to third-party BPOs (Atrium and Telus). Two BPO-employed reviewers claim they suffered psychological harm from their work. The lawsuit claims the BPOs were TikTok’s proxies. Allegedly: TikTok provided all “instructional” and “training” materials. TikTok required content moderators to use its proprietary “TCS” software to review its videos, and it exercised “full control” over that software.

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PTAB decision invalidating claims as obvious based on analogous art reversed by Federal Circuit

JD Supra Law

Procedural History - Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc. is an appeal from a final written decision in an inter partes proceeding (“IPR”) of the Patent Trial and Appeal Board (“PTAB”) that found claims 1-18 of U.S. Patent No. RE47,614 (“the ’614 Patent”) invalid as obvious over prior art. The Federal Circuit reversed.

Art 96
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Guest Post: Margo Bagley, The Diversity Pilots Initiative

Patently-O

Editor’s note: This post is the first in a series relating to the Diversity Pilots Initiative , a project co-organized by Professors Bagley & Chien together with personnel from the USPTO that seeks to advance inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here.

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Ruling on Motion To Dismiss Sheds Light on Intellectual Property Issues in Artificial Intelligence

JD Supra Law

Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright law, will likely only be resolved through court decisions, and possibly new legislation. The wheels of the judicial process will likely spin slowly in this nascent area, as they often do when new technologies enter mainstream usage.

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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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Sustaining Tumblr's Opposition, TTAB FInds "TUMBLOG" Generic for. Guess What?

The TTABlog

In a rare opposition based on genericness, the Board sustained Tumblr's challenge to an application to register TUMBLOG for "[p]roviding customized on-line web pages and data feeds featuring user-defined information, which includes blog posts, new media content, other on-line content, and on-line web links to other websites," deeming the proposed mark to be generic for the recited services.

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The Nice Classification conundrum

The IPKat

Normal 0 21 false false false DE X-NONE HE Understanding the Nice Classification can be challenging. For instance, why do alcoholic beverages fall in class 33, except for (alcoholic) beer, which falls in class 32? Why are there two classes for beverages, while other classes, such as class 9, cover a broad range of goods, which could easily be separated into several classes?

Editing 70
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Workplace Consultants Agree Not To Use 'OSHA' Trademark

IP Law 360

A judge has signed off on an agreement that will end the federal government's trademark case against a workplace consulting firm founded by former staffers at the Occupational Safety and Health Administration accused of using the agency's acronym without permission.

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Teleflex Catheter Tech Patents Upheld by Split CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision today that Medtronic, Inc. failed to show the challenged claims of five patents covering catheter technology unpatentable. The CAFC specifically upheld the Patent Trial and Appeal Board’s (PTAB’s) finding that the primary prior art reference cited by Medtronic did not qualify as prior art under pre-America Invents Act (AIA) first-to-invent provisions.

Art 67
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PTAB Axes Patent From $32M Jury Verdict Against Ericsson

IP Law 360

The Patent Trial and Appeal Board has knocked out one of the telecommunications patents at the center of a nearly $32 million infringement verdict against technology company Ericsson, determining that claims previously upheld by a Texas federal jury are obvious by prior art.

Patent 75
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CAFC Affirms District Court Denial of Attorney Fees in Oil Drilling Patent Dispute

IP Watchdog

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision affirming a district court ruling that denied attorney fees to oil drilling equipment company, FMC Technologies. OneSubsea, a competitor in the offshore oil extraction industry, originally sued FMC for patent infringement in 2015; FMC subsequently countersued.

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Google, Fox Beat Michigan Atty's Broadcast Tech Patent Suits

IP Law 360

A Michigan federal judge has agreed to toss a patent owner's sprawling infringement litigation against household names Google and Fox Network over broadcasting technology, determining that the allegations were "confusing" and unclear.

Patent 75
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Direct Filing vs. Madrid Protocol: Which Works Best for Your International Trademark Registrations?

JD Supra Law

While the United States Patent & Trademark office is experiencing an inordinately long backlog, U.S. companies seeking to protect their marks internationally are feeling the impact of the extended wait time, and particularly when it comes to filing considerations for international applications.

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Meta Settles News Anchor's Suit Over Pics Used In Racy Ads

IP Law 360

Meta Platforms Inc. and a Philadelphia news anchor have agreed to end a lawsuit claiming the social media company allowed her likeness to be used without her permission in racy advertisements on Facebook, a case that spotlighted the evolution of internet content regulation.

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Resolving Video Games and eSports Disputes: How Can WIPO Alternative Dispute Resolution Options Help?

WIPO Magazine

Video games and eSports are thriving and fast becoming an important contributor to the global economy. But with such dynamism comes an increasing risk of disputes. Can alternatives to court litigation, like mediation and arbitration, offer stakeholders a more flexible, speedy and cost-effective dispute resolution option?

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OMG Dolls Confused With T.I.'s OMG Girlz? Surveys Say 0%

IP Law 360

Zero percent of consumers confused MGA Entertainment's O.M.G. dolls with the pop group OMG Girlz or found a likeness, according to MGA-commissioned surveys presented Wednesday to a California federal jury deciding an intellectual property dispute between the company and hip-hop moguls T.I. and Tiny Harris.

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Pop Art Flop: Supreme Court Rules Against Warhol Foundation

JD Supra Law

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869. The case concerned the Warhol Foundation's license of Andy Warhol's colorized silkscreen portrait of the recording artist and cultural icon, Prince, which modified a black-and-white.

Art 52
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SG Tells Justices To Skip 3 PTAB, Copyright Cases

IP Law 360

The solicitor general has urged the U.S. Supreme Court not to dig into questions that Apple, Nike and lyrics website Genius have raised in fights involving Patent Trial and Appeal Board estoppel, whistleblowers and copyright law.

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Can a Buyer cancel a Real Estate Purchase agreement?

LexBlog IP

The Real Estate Purchase agreements are also known as Sale Purchase Agreement (SPA), it is a legal contract that sets out the terms and conditions of a real estate transaction between a buyer and a seller. Perhaps the most important document in a property transaction is the Sale and Purchase Agreement (SPA). Are Purchase Agreements Legally Binding in the UAE?

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Demystifying Provisional Refusal in the Madrid System

Intepat

What is the Madrid System? More than 120 years ago, nine countries established a particular unit for the international registration of marks, known as the Madrid System. Since then, the Madrid System has expanded and evolved to meet ever-changing business needs. More and more countries have signed up to this unique international trademark registration system.

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No Fair Use for Warhol Prince Photo

LexBlog IP

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. In a David versus Goliath battle, the Supreme Court issued a landmark ruling against Andy Warhol’s Foundation last week. SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement.

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Herbert Smith Freehills advises Sinopec on entry to Sri Lanka's retail fuel market ??????????????????????

Herbert Smith Freehills

Global leading law firm Herbert Smith Freehills has advised Sinopec Fuel Oil on the signing of a long term contract for importation, storage, distribution and sale of petroleum products in Sri Lanka. The deal marks Sinopec's entry into the country's retail fuel market. The signing ceremony took place at the Presidential Secretariat on 22 May 2023, with representatives from both the Sri Lankan Government and executives of the Ceylon Petroleum Corporation and Ceylon Petroleum Storage Terminals Lim

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Simply the Best: Celebrating Tina Turner's Musical Legacy

LexBlog IP

There are few artists whose impact resonates with such raw power, emotional depth, and timeless relevance as Tina Turner’s. Her voice was the soundtrack to many lives and the heartbeat of rock ‘n’ roll. Her story, an inspiring tale of resilience and triumph over adversity. Today, we celebrate the unforgettable journey and the monumental legacy of Tina Turner, whose spirit continues to electrify the world.

Music 52
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Supreme Court Holds Patents Must Enable Full Scope of Invention

JD Supra Law

The Supreme Court unanimously held last week in Amgen v. Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims. Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents, which disclosed 26 exemplary antibodies by amino acid sequences.

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Napster: Rogue Pirate or Revolutionary Hero?

LexBlog IP

Once upon a time, at the turn of the millennium, a cat logo with headphones heralded the arrival of a seismic shift in how people listened to music. The name was Napster, and in its wake, it left a transformed landscape of music consumption and copyright law. To understand the Napster phenomenon, you need to hop in a time machine back to 1999, the prehistoric age of the digital era.

Music 52
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The Quest for an "Artificial Intelligence" Inventor

JD Supra Law

The United States Constitution provides the basis for patent laws; it says "Congress shall have power. to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added). It is a common refrain that the Constitution is a living, breathing document, and the afore-mentioned clause is perhaps an exemplar.

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Other people’s money

Likelihood of Confusion

View Post WSJ.com’s Law Blog reports about the seven-figure effect in the Central District of California for a one-minute-late filing: A judgment in favor of [Morrison & Foster’s] client was. The post Other people’s money appeared first on LIKELIHOOD OF CONFUSION™.

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Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

JD Supra Law

The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know that the Supreme Court again declined to weigh in on patent eligibility despite the U.S. Solicitor….

Patent 52
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UBS - RE Disputes

Herbert Smith Freehills

UBS - RE Disputes Advising in its recently concluded and entirely successful heavily contested multi-party Court claim for the recovery of lender debt from Vijay Mallya (Bankrupt) by enforcement against a fixed charge in UBS's favour held over residential property in London.

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Trademark Insight 04/2023 – Europäische Union & Deutschland Aktuelle markenrechtliche Entscheidungen aus Deutschland, Alicante und Luxemburg

JD Supra Law

Liebe Leserinnen und Leser, In dieser Ausgabe des TRADEMARK INSIGHT haben wir erneut einige interessante Entscheidungen der letzten Monate zusammengestellt. Nachfolgend finden Sie unsere wie immer knappen Zusammenfassungen zu Entscheidungen deutscher Gerichte, der EUIPO-Beschwerdekammern und des EuG. Besonders interessant dürften die Entscheidungen zur rechtserhaltenden Benutzung einer (beschreibenden) Wortmarke (GOURMET), zur Prägung einer gestalteten Wort/- Bildmarke durch den Wortbestandteil.