Wed.Mar 09, 2022

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LimeWire to Return to Sell NFTs

Plagiarism Today

Earlier today, two Austrian brothers, Julian and Paul Zehetmayer, announced that they have purchased the intellectual property behind the name LimeWire and will be relaunching the service, though not in as a peer-to-peer file sharing service. Initially released in May 2000, Limewire was a peer-to-peer file sharing service that found a great deal of success and infamy following the closure of Napster in July 2001.

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Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court and that Sarepta’s IPR petitions filed with the Patent Trial and Appeal (“the Board”) contravened the plain language of the forum selection clause.

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3 Count: Courtroom Performance

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cox Moves to Overturn $1 Billion Music Suit. First off today, Mike Farrell at Multichannel News reports that oral arguments are beginning today as Cox attempts to overturn a $1 billion judgment against them. Back in 2019, a jury verdict found that Cox was not doing enough on its network to deter piracy and, as such, awarded a group of some 53 music publishers a $1 billion judgment for some 10,000 instances of copy

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Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

In Nippon Shinyaku v. Sarepta Therapeutics, the Federal Circuit held that a forum selection clause specifying that patent infringement or invalidity actions shall be filed in federal district court in Delaware made clear that any validity challenge was required to be brought in that court and that Sarepta’s IPR petitions filed with the Patent Trial and Appeal (“the Board”) contravened the plain language of the forum selection clause.

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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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#1 Tip When Applying for Trademark Registration

Erik K Pelton

Over the years, Erik has shared dozens of trademark registration tips. In this episode, he reveals the most important one. The post #1 Tip When Applying for Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Over the years, Erik has shared dozens of trademark registration tips. In this episode, he reveals the most important one.

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Court: iTunes DRM Removal is Irrelevant for Piracy Liability Lawsuit

TorrentFreak

In 2019, several major music companies filed a lawsuit against Internet provider RCN. Helped by the RIAA, they argued that the ISP turned a blind eye to pirating subscribers. The lawsuit is in many regards similar to the ones against other ISPs, such as Cox, Grande, and Charter, which were all accused of failing to terminate the accounts of repeat infringers.

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More Trending

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Russia’s Invasion of Ukraine: It’s Also a Culture and Content War?

Hugh Stephens Blog

As you, dear reader, will know, this is a blog focused on copyright and content related issues, rather than politics, although at times there is an inevitable political spillover when dealing, for example, with the copyright dimensions of trade agreements, given that many such agreements are driven as much by political objectives as economic considerations. … Continue reading "Russia’s Invasion of Ukraine: It’s Also a Culture and Content War?

Blogging 100
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CAFC Affirms ITC Denial of Broadcom’s Request for Ban on Renesas Products Under Section 337

IP Watchdog

On March 8, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed decisions by the International Trade Commission (the Commission) and the Patent Trial and Appeal Board (the Board or PTAB) both 1) declining to ban Renesas Electronics Corporation and other companies from importing into the United States products alleged to infringe upon Broadcom Corporation’s two patents and 2) finding certain claims of Broadcom's patents obvious.

Patent 116
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Video Game Monopoly is Not as Fun as it Sounds: Sony Acquires Bungie, but What Will Happen to the Games?

IPilogue

Photo by Jaroslav Nymburský ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . Although many aspects of life have become virtual, video games have always been virtual and well-loved. Behind every video game, there is a video game designer. And behind every designer, there is a publisher.

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Patent Filings Roundup: Realtor Files IP Edge Declaratory Judgment in Hawaii After Demand Letter; Dog Collar IPR Instituted Over Lengthy Fintiv Arguments; IP Edge Files Another 25+

IP Watchdog

It was a banner district court week, with 104 patent filings and 64 cases terminated, mostly file-and-settle non-practicing entity (NPE) litigation, and 26 Patent Trial and Appeal Board (PTAB) cases, including Nokia challenging NPE TQ Delta, LLC; Dexcom, Inc. filing against Abbot Diabetes Care Inc.; and Samsung filing against the Fortress IP-funded Netlist, Inc.

IP 111
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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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Pool Toy Company Says Former Execs Stole Trade Secrets

IP Law 360

A pool supply company has asked a Georgia federal court for temporary restraining orders against two former executives who left the company to start a competing business and are now allegedly stealing trade secrets and poaching employees.

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Microorganism Patents in China

JD Supra Law

The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an animal nor a plant.

Patent 98
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Impossible Foods Serves Up Meat-Replicating Patent Suit

IP Law 360

Impossible Foods lodged an infringement suit Wednesday in Delaware federal court that accuses a rival of ripping off a patent for a beef-replicating ingredient to launch a plant-based alternative to hamburger meat.

Patent 98
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Application of Artificial Intelligence in the Arts and Copyright Implications

JD Supra Law

Artificial Intelligence and Societal Roles- The use of artificial intelligence (“AI”) continues to expand into aspects of our lives. From shopping to health care, everyone has benefited from the implementation of such technology.

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The CRTC Provides an Advance Preview of Bill C-11 Regulation: Pretty Much Any Service, Anywhere, Any Terms and Conditions

Michael Geist

The Canadian Radio-television and Telecommunications Commission issued a notable decision last month involving the creation of an annual digital media survey that likely provides an advance preview of how it will address Bill C-11 if it becomes law. That is a cause for concern, since the Commission apparently sees few limitations in its powers despite obvious doubts that it is operating within the boundaries of existing law.

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Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”

JD Supra Law

In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s attempt to obtain a patent for an invention created by his AI system called DABUS (“Device for Autonomus Bootstrapping of Unified Sentence).

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The Subway Famous American Fast Food Restaurant Writ Petition – Is taxation on Intellectual Property Rights Valid?

IP and Legal Filings

Subway, the famous American fast food restaurant, has recently taken the indirect tax department to court, alleging that it was forced to pay differential Goods and Services Tax (GST) on services without issuance of any such notice. Subway Systems India alleged in the writ petition filed in the High Court of Punjab and Haryana that the tax department had issued several summons to their higher management over the taxability of intellectual property rights.

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Crypto Confusion and Misuse of Mareva Injunctions

Nelligan Law

Reading Time: 4 minutes On February 17, the Plaintiffs in the widely reported Ottawa “Freedom Convoy” class action obtained a Mareva injunction freezing assets. The order has been widely reported as being a ‘Canadian first’ in that it orders the freezing of cryptocurrency assets. Unfortunately for the Plaintiffs, and as brashly stated by the Nunchuk Development team, ordering the freezing of cryptocurrency assets is an exercise in ramming a round peg through a square hole.

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Love means …

Likelihood of Confusion

Jim Lindgren of the The Volokh Conspiracy writes (hat tip to Glenn Reynolds), a tad grudgingly, of a kinder, gentler left-wing Supreme Court nominee on the issue of that supposedly. The post Love means … appeared first on LIKELIHOOD OF CONFUSION™.

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US Inventors

Patently-O

The chart below provides a contrasting glimpse into the subject matter of US-originated patents compared with their foreign-originated counterparts. For each art-unit grouping, I show the percent of patents having US inventors (residence).

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Open-Source & Patent Rights – Can They Co-Exist?

Kashishipr

A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. At present, the software, in many cases, is released under what’s widely known as an ‘Open-Source License,’ which corresponds to the idea that anyone can view and modify the source code of a particular piece of software.

Patent 81
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NOAA’s GOES-T Blasts into Orbit: New Satellite will Support Weather Forecasts for the U.S. West Coast, Hawaii and Alaska

U.S. Department of Commerce

NOAA’s GOES-T Blasts into Orbit: New Satellite will Support Weather Forecasts for the U.S. West Coast, Hawaii and Alaska. March 9, 2022. KCPullen@doc.gov. Wed, 03/09/2022 - 14:08. Weather and satellites. NOAA’s GOES-T , the third in a series of four advanced geostationary weather satellites, blasted into orbit aboard a United Launch Alliance Atlas V 541 rocket at 4:38 p.m.

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Ownership of Copyrights Patents and Trademarks are Created by Employees and Independent Contractors

IP and Legal Filings

Introduction: Appreciating art, culture, and innovation is a prevalent practice for ages. The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. The IP dive pertains to all the original creations of humankind inclusive of technical or any scientific innovation.

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Three Organizations Win 2021 Baldrige Awards for Performance Excellence

U.S. Department of Commerce

Three Organizations Win 2021 Baldrige Awards for Performance Excellence. March 9, 2022. KCPullen@doc.gov. Wed, 03/09/2022 - 14:18. Three U.S. organizations will receive the Malcolm Baldrige National Quality Award, the nation’s only presidential award for performance excellence. Celebrating robust quality management systems, the Malcolm Baldrige National Quality Award evaluates businesses and nonprofit organizations in seven areas defined by the Baldrige Excellence Framework : leadership; strate

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Authorship In An Impromptu Performance Under Indian Copyright Law

IP and Legal Filings

INTRODUCTION. If a singer, at a concert, was to sing in a melodious way, in an impromptu manner, i.e., there were no prior existing lyrics or melody, would such a singer be considered an author of the lyrics and the music, apart from being a performer Under Indian Copyright Law ? Interestingly, a lot of thought has been put into such a situation or any other situation of a similar kind, where a performer, say a singer, choreographer, or stand-up comedian, is creating a work on the spot through h

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Crypto Confusion and Misuse of Mareva Injunctions

Nelligan Law

Reading Time: 4 minutes On February 17, the Plaintiffs in the widely reported Ottawa “Freedom Convoy” class action obtained a Mareva injunction freezing assets. The order has been widely reported as being a ‘Canadian first’ in that it orders the freezing of cryptocurrency assets. Unfortunately for the Plaintiffs, and as brashly stated by the Nunchuk Development team, ordering the freezing of cryptocurrency assets is an exercise in ramming a round peg through a square hole.

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Facebook Beats News Feed Patent Suit, Again

IP Law 360

A federal judge in New York has ruled, for the second time, that Facebook's news feed doesn't infringe patents owned by Mirror Worlds Technologies LLC, a Connecticut business notable for scoring big-ticket jury verdicts and settlements over patents from companies like Apple and Microsoft.

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dissatisfaction w/Amazon's partner program isn't TM infringement/false advertising

43(B)log

Melwani v. Amazon.com, Inc., 2022 WL 670919, NO. C21-1329RSM (W.D. Wash. Mar. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. Nonetheless, Melwani alleged that Royal Silk was “plagued” by third party infringers, and his legal actions and notices allegedly resulted in the removal of about 200 infringing listings from Amazon.com that

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Apple Loses Fed. Circ. Bid To Ax Secure Messaging Patents

IP Law 360

The Federal Circuit on Wednesday said substantial evidence supports Patent Trial and Appeal Board decisions that upheld claims in three secure messaging patents owned by a Finnish tech company that accused Apple of infringing them.

Patent 75
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Upcoming Webinar! How the California Privacy Rights Act Impacts Your Business in 2022

Trading Secrets

March 31, 2022. 11:30 a.m. to 12:30 p.m. Pacific. 12:30 p.m. to 1:30 p.m. Mountain. 1:30 p.m. to 2:30 p.m. Central. 2:30 p.m. to 3:30 p.m. Eastern. REGISTER HERE. Please join Seyfarth for a webinar on what employers need to know regarding the importance of data privacy and the impacts of the California Privacy Rights Act to your organization. Presenters will review the changes that will come along with the CPRA, along with important considerations that companies should assess as they evaluate th

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PTAB Upholds Voice Software IP Challenged By Amazon

IP Law 360

A voice-based search company that has accused Amazon's Echo and Alexa products of infringing its voice user interface technology scored a win at the Patent Trial and Appeal Board, which upheld one of Voicebox Technologies' patents in a challenge from the tech giant.

IP 75
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licensee can use 43(a) to protect exclusive territory

43(B)log

Brown Bottling Gp. v. Imperial Trading Co., 2022 WL 667780, No. 3:19-CV-142-HTW-LGI (S.D. Miss. Mar. 4, 2022) Brown Bottling alleged that it had the exclusive bottling, distribution, and sale rights for Pepsi & Dr. Pepper soft drinks in an exclusive geographic territory encompassing much of central and southern Mississippi, as well as two counties in Alabama.

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Albright Chided For Using Car Dealerships To Justify Venue

IP Law 360

The location of independent car dealerships can't be used to justify venue in patent litigation against auto manufacturers, the Federal Circuit said Wednesday, overriding U.S. District Judge Alan Albright for the first time in months.

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The Basics of TTAB Cancellations

JD Supra Law

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration - You learn that another person or entity has a registered trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark, is a generic or descriptive term you believe should not be “owned” by one party, is a mark that has been abandoned (or perhaps never used), or is a mark that was secured by fraudulent representations to the USPTO.

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10 Commercial Real Estate Lease Provisions to Know

LexBlog IP

Business owners need to know the commercial real estate lease contracts basics. Attorney Marcos gives 10 provisons to help entrepreneurs. The post 10 Commercial Real Estate Lease Provisions to Know appeared first on Legal Business Global.