Fri.Jun 02, 2023

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Music Pirates are Not Terrorists, Record Labels Argue in Court

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels. $1 Billion Appeal A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages to the labels.

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Delhi High Court clears the air around Copyright of Satyajit Ray’s ‘Nayak’

SpicyIP

Image accessed from here In another landmark development concerning the right of authors of underlying work, the Delhi High Court on May 23 in RDB and Co. HUF v. HarperCollins Publishers India Pvt. Ltd. held that the screenplay of the Bengali film Nayak was ‘entirely the work of Satyajit Ray’ and that the right to novelise the screenplay of the same would vest in him.

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Controversial Pirate IPTV Supplier Investigated After Bell Complaint

TorrentFreak

Rising interest in pirate IPTV services over the past several years has led to a limited number of people meeting demand while making considerable sums of money. Technical ability, insider knowledge, and a keen eye for business all help to maximize pirate IPTV suppliers’ profits, but there can be considerable drawbacks too. The problem isn’t making big money, it’s managing to hold onto it when law enforcement agencies take an interest.

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How Attorneys Can Help Combat Anti-Asian Hate

IP Law 360

Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

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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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Patent Office Cancels Patents for Inadequate Voluntary Disclosure in IPRs

JD Supra Law

Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents. Typically, an IPR takes a year, and the PTAB will rule on the validity of the challenged patent only after considering extensive briefing and expert testimony on the merits of the patent and prior art.

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US Book Sales Drop 2.6% in 2022

Velocity of Content

The Association of American Publishers has released a final account of industry sales for 2022, reports Andrew Albanese , Publishers Weekly senior writer. “The figures show 2022 that total publishing sales fell 2.6% over 2021,” he explains. AAP’s preliminary figures, released in February , had shown a much sharper 6.4% sales decline in 2022 from 2021.

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AGs Cut $102M Deal With Indivior In Suboxone Antitrust Case

IP Law 360

More than three dozen state-level enforcers reached a $102.5 million deal on Friday with Indivior Inc. to resolve claims that the drugmaker monopolized the market for the opioid addiction treatment Suboxone ahead of a looming September trial.

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Where’s the Money? Options for Commercializing Technology, Part 2: White-Label Arrangements

JD Supra Law

In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at another technology commercialization strategy, white labeling.

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Meta to Test Blocking News Sharing on Facebook and Instagram in Canada in Response to Bill C-18’s Mandated Payments for Links

Michael Geist

Meta has announced that will test blocking news sharing in Canada on its platforms Facebook and Instagram in response to Bill C-18’s system of mandated payments for links. Even as some have suggested the position is bluff, the company has not wavered for months as this emerged as the most likely end game. Back in October, it said it was considering blocking news and in March it confirmed it.

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8th Circ. Won't Revive Heart Valve Contract Dispute

IP Law 360

The Eighth Circuit has backed a lower court's decision to toss a contract breach suit against medical device manufacturer LivaNova over the development of a heart valve therapy, arguing that the device maker was not obligated to keep the project going after LivaNova took ownership of the project in a 2017 acquisition.

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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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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v.

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Congress Needs To Enact A Federal Anti-SLAPP Statute

IP Law 360

Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

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MarkIt to Market® - May 2023: Watching the Pot™

JD Supra Law

In a precedential decision earlier this month, the Trademark Trial and Appeal Board upheld refusals to register two trademarks owned by National Concessions Group Inc. (“National”) on the ground that the goods – essential oil dispenser sold empty for domestic use in Class 21 – comprise illegal drug paraphernalia under the Controlled Substances Act (CSA).

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Samsung Loses Bid To Move Caltech Patent Suit From EDTX

IP Law 360

Eastern District of Texas Judge Rodney Gilstrap has rejected Samsung's request to transfer a patent suit against it by the California Institute of Technology to the Golden State, ruling that Samsung's arguments based on earlier license agreements require "too many logical leaps.

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IP Industry Comment Opportunity At USPTO: Strategies to Address Counterfeiting and Piracy

JD Supra Law

On May 26, 2023, the US Patent and Trademark Office (USPTO) published a Federal Register notice seeking public comments on anti-counterfeiting and antipiracy strategies to better address this enormous US challenge.

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Judge Calls Apple's Conduct In Smartwatch Row 'Careless'

IP Law 360

A federal judge in California on Friday ripped Apple's failure to preserve emails from a former top executive in its health division as "irresponsible and careless, and perhaps even grossly negligent," a day after a Silicon Valley medical device startup tried to draw the attention of a federal appeals court to alleged misconduct at the Patent Trial and Appeal Board.

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Correcting Patent Inventorship: The High Bar to Overcome Being Trimmed Fat

JD Supra Law

How do you take a case about patent inventorship and make it better? Add bacon. The Federal Circuit’s recent decision in HIP, Inc. v. Hormel Food Corp., 66 F.4th 1346 (Fed. Cir. 2023) illustrates the high bar that must be met to convince the courts to add a person as a joint inventor to an issued patent.

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Post Foods' TM Suit Too Shall Pass After OK Go Cuts Deal

IP Law 360

The maker of Fruity Pebbles and Los Angeles rock band OK Go — known for songs "Get Over It" and "This Too Shall Pass" — struck a confidential deal to end Post Foods' lawsuit seeking a declaration that its "OK Go!" on-the-go breakfast products don't infringe the band's trademarks.

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[Audio] JONES DAY TALKS®: Implementing AI: Fair Lending, Fair Housing, and Regulatory Trends

JD Supra Law

As its potential uses soar, Artificial Intelligence (AI) continues to attract the attention of multiple regulatory agencies. A recent high-profile U.S. Senate hearing made it clear that the use of AI must be consistent with federal laws pertaining to fair lending, housing, employment, and similar situations. Jones Day's Dorothy Giobbe and Alexander Maugeri discuss the legal implications of introducing artificial intelligence to decision-making processes and how users should prepare for.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen law firm Jones Day hit the crude oil trading companies it represented in a fraud trial with a breach of contract claim, offshore company Global Fixed Income Fund sue accountants Grant Thornton, and broadcasting giant Sky sue rival broadband providers BT, EE, Plusnet, Virgin Media and TalkTalk. Here, Law360 looks at these and other new claims in the U.K.

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A U.S. View on the UPC – Part 5: Of Costs and Fees (and Getting Them Back)

JD Supra Law

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view on the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.

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The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

LexBlog IP

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Alice in Wonderland: Part Three

JD Supra Law

This article adds to the two-part series published by the Intellectual Property & Technology Law Journal in August and September 2018. This third article continues the analysis of decisions by the U.S. Court of Appeals for the Federal Circuit relating to computer software eligibility following Aatrix Software, Inc. v. Green Shades Software, Inc.

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The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

LexBlog IP

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Will the Supreme Court Reevaluate the Subject Matter Eligibility of Diagnostic Claims?

JD Supra Law

Since the Supreme Court’s decisions in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66 (2012), and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014), “diagnostic” patent claims have repeatedly been held to be directed to patent-ineligible subject matter by the U.S. Patent and Trademark Office (PTO) and courts.

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Reissue Application: How to Get Your Granted Patent Reissued

Patent Trademark Blog

What is a reissue application? Congratulations on getting your utility patent. After overcoming Office Actions and multiple rejections, you have reached the desired goal of getting your patent granted. This was no easy task, so why file a reissue application? The most common reason, and perhaps most relevant to you, is the possibility that your claims are narrower than they ought to be.

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Don’t Believe Everything You Read about the Warhol Decision

JD Supra Law

Which is less reliable, the Supreme Court’s recent decision in the much-watched case of Warhol v. Goldsmith or what reporters and commentators have said about it? Widely reported as a case alleging that Andy Warhol’s famous series of silkscreen renderings of iconic musician Prince were not fair use of the copyright of the photographer who took the original photo on which the artworks were based, the case was in fact no such thing.

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The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

The IP Law Blog

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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[Video] The Briefing by the IP Law Blog – No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

JD Supra Law

The Trademark Trial and Appeals Board denied an application to register a trademark for essential oil dispensers meant to fill smoking devices with cannabis-based oils. Scott Hervey and Tara Sattler talk about this case on this episode of The Briefing.

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Other Barks & Bites for Friday, June 2: Unitary Patent System Launches; WIPO Hosts IP and Sustainability Conference; and the USPTO Extends its Climate Change Program

IP Watchdog

This week in Other Barks & Bites: The United States Patent and Trademark Office (USPTO) extends its Climate Change Mitigation program until 2027; the Unitary Patent System and accompanying Unitary Patent Court launches in Europe; the Supreme Court again denies an opportunity to review 35 U.S.C. § 101.

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Supreme Court to Chew on First Amendment Protections in Jack Daniels v. Bad Spaniels: Are Parodies Protected Speech or Trademark Infringement?

JD Supra Law

Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled after well-known alcohol brands should be considered protected speech, warranting an exception to traditional trademark protections.

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Digital Security Agency Proposal

Olartemoure Blog

The bill of law for the creation of the National Digital Security Agency (“NDSA”) was submitted to the congress. The proposal arises as a consequence of the large number of cyber-attacks suffered by state and private entities in Colombia during 2022. This bill seeks to create an agency and ensure the security of the holders of and their personal data , which is stored in cyberspace and, also, to implement a preventive policy against cyber-attacks to improve the response mechanisms to

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Determination that Counterfeit Clothing Styles Constitute Unfair Competition

JD Supra Law

With regards to popular or unique quality clothing styles, imitation often occurs. For such imitation, it is difficult to regulate from the perspective of trademark infringement, and when claiming copyright infringement, it will also face difficulties as to whether the clothing style constitutes a work.

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Crime Prevention

Olartemoure Blog

In a recent release, the Financial Superintendency of Colombia seeks to promote cooperation between its supervised entities and the national security authorities. The release indicates that without a court order, the entities of the financial system, in their duty of information, must deliver the data required for the prevention of criminal actions.

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Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?

JD Supra Law

Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent history of attempts to persuade, cajole, or shame the Supreme Court to revisit its recent subject matter jurisprudence.

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