Fri.May 26, 2023

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2.5 Billion Visits: ACE Targets 9anime Among Several Pirate Anime Sites

TorrentFreak

In the face of legislation designed to thwart its growth, seizures, prosecutions, dozens of arrests and countless prison sentences have done little to prevent piracy. Anti-piracy enforcement actions, including dozens by the Alliance for Creativity and Entertainment, have taken hundreds of sites out of the game. That’s a solid base for arguing that piracy volumes could’ve been much worse without so much enforcement.

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10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part II)

Copyright Alliance

In yesterday’s blog (Part 1), we covered five of the first 10 most important takeaways from the recent Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith. Today, we […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part II) appeared first on Copyright Alliance.

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Court Orders Instagram to Expose Pirates, Boot Their Accounts, and Purge URLs

TorrentFreak

Similar to any other online platform that deals with user-generated content, Instagram processes copyright complaints on a daily basis. Most of these arrive in the form of DMCA notices, in which rightsholders requests the removal of a specific image, video, or URL. The number of removals runs in the hundreds of thousands during a typical month, without getting noticed by the public at large, but if Instagram users continue to post copyright infringing content, they risk losing their accounts.

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Ex-Everglades Org. Scientist Found Guilty Of Deleting Docs

IP Law 360

A scientist embroiled in a fight with his former employer The Everglades Foundation is facing jail time after he was found guilty of indirect criminal contempt on Thursday for deleting foundation materials that were on his electronic devices despite a court order barring him from doing so.

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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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A basket of Lee v. Tam briefs

Likelihood of Confusion

I was going to do a post collecting all the briefs filed in the United States Supreme Court in Lee v. Tam (“THE SLANTS”), but thanks to a nice blog. The post A basket of Lee v. Tam briefs appeared first on LIKELIHOOD OF CONFUSION™.

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Insurer Gets Tinder Owner's Coverage Claims Trimmed

IP Law 360

A New York federal judge trimmed a coverage fight brought by Tinder owner Match Group LLC against Beazley Underwriting Ltd., saying Match's position on some of its claims are untenable because it asks the court to ignore unambiguous language in the policy.

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

IP Law 360

The past week in London has seen the U.K.'s former health secretary Matt Hancock sued for libel by a Reclaim Party MP, a London housing developer build a claim against law firm Eversheds Sutherland, and F1 team McLaren start its engines in legal proceedings against its Swedish sponsor. Here, Law360 looks at these and other new claims in the U.K.

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Free Webinar June 7th: Strand and Welch "Trademark Year in Review" (New York CLE Credit)

The TTABlog

On June 7th from 12:00 - 1:00PM, Wolf Greenfield will host a webinar entitled “Trademark Year in Review: Key Developments in the Courts and at the TTAB.” John Strand and John Welch will provide a summary and analysis of the past year’s most important trademark cases in the courts and at the TTAB. CLE Credit is available in New York. Register here. Mr.

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Meta Largely Beats Copyright Suit Over Embedding, For Good

IP Law 360

A California federal judge permanently ended most of a photographer's proposed copyright class action against Meta over embedding features that misappropriated and altered his photos into thumbnails, questioning "who would be deceived by a photo that is clearly cropped and resized" the way other thumbnails appear elsewhere on Facebook.

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How to Get IP When It’s Too Late to Patent

Patent Trademark Blog

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? When potential clients call me after they’ve been selling their innovative products for awhile, I usually ask them why they didn’t file a patent. Answers vary.

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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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Ex-'Survivor' Star Claims Netflix Copied His Show Idea

IP Law 360

A former "Survivor" contestant told a New Jersey federal court that Netflix's new show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced with his co-creators, featuring similar storylines and the same look, feel and pacing.

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A right to information when there’s no IP: CJEU discusses the scope of Article 8 Enforcement Directive

The IPKat

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). This question was whether, under Article 8(1) Enforcement Directive (2004/48/EC ) (the Enforcement Directive), a claimant in infringement proceedings can request a court to order certain parties to disclose information.

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MGA Beats Rapper TI's $100M IP Theft Suit At Trial

IP Law 360

A California federal jury found Friday that MGA Entertainment's O.M.G. dolls do not infringe the trade dress or misappropriate the name, likeness or identity of the OMG Girlz pop group co-owned by rapper T.I., marking the end of a contentious $100 million legal battle that involved accusations of racism and extortion.

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Gopher State Goes For Broke with Proposed Non-Compete Ban

Trading Secrets

Minnesota is joining the growing list of state legislatures targeting non-compete agreements, and doing so with one of the most aggressive laws in the nation on the subject. Included as part of the Senate Jobs and Economic Development and Labor Omnibus Budget Bill (S.F. 3035), the newly-enacted Minn. Stat. Section 181.988 (“Section 181.988”) categorically bans non-compete agreements with Minnesota workers subject to a few narrow exceptions.

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USPTO Patent Fee Hike Proposal Draws Strong Reactions

IP Law 360

The U.S. Patent and Trademark Office's proposal to raise many patent fees has been criticized by groups representing attorneys and inventors in comments calling the hikes excessive, while some public interest groups and Google LLC praised the increases as a way to ensure patent quality.

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Elevate the $: Geographic Isolation Helps Defeat Trademark Infringement Claim

JD Supra Law

In a case between similarly named banks, the US Court of Appeals for the Tenth Circuit confirmed expert disclosure requirements, conducted a de novo likelihood of confusion analysis and ultimately upheld a finding of no trademark infringement. Elevate Federal Credit Union v. Elevations Credit Union, Case No. 22-4029 (10th Cir. May 10, 2023) (Bacharach, Moritz, Rossman, JJ.).

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Some Client Speculations On AI And The Law Firm Biz Model

IP Law 360

Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

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PTO Proposes Trademark Fee Increases

JD Supra Law

On May 8, 2023, the US Patent & Trademark Office (PTO) announced proposed trademark fee increases. The proposed fee increases are the result of lower revenue than previously forecasted and higher-than-expected inflation. Aggregate PTO operating costs are projected to exceed aggregate fee revenue beginning this fiscal year.

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Ticketmaster Seeks $3.6M Fees For Beating 'Weak' Patent Suit

IP Law 360

Ticketmaster asked a Texas federal judge Thursday to award $3.6 million in attorney fees and interest for beating at trial Global eTicket Exchange's claims that Ticketmaster's ticket-scanning technology infringes its patent, arguing Global eTicket "doggedly" and improperly litigated the meritless case using irrelevant evidence of Ticketmaster's alleged market dominance.

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Analogous Art Must Be Compared to Challenged Patent

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent, which related to injection devices used for drug delivery. Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., Case No. 21-1981 (Fed.

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Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections

IP Watchdog

This week in Other Barks & Bites: The USPTO releases a blog post detailing the success of its Patent Pro Bono Program and announces a proposed pilot for micro entity applicants; NBA superstar LeBron James puts his weight behind Taco Bell in its battle to cancel the “Taco Tuesday” trademark; and Gilead and Teva sign a deal with pharmacies to avoid an antitrust suit.

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Supreme Court Unanimously Affirms Amgen Repatha® Antibody Patents Invalid for Lack of Enablement

JD Supra Law

On May 19, 2023, the Supreme Court in Amgen v. Sanofi, No. 21-757, unanimously held that the claims of two Amgen patents, both directed to a genus of potentially millions of antibodies, are invalid because the patents failed to sufficiently enable one skilled in the art to make and use the full scope of the claimed inventions as required by 35 U.S.C. §112(a).

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The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal

LexBlog IP

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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AgTech: Four Steps to a Winning IP Strategy

JD Supra Law

In the fast-changing world of food and agribusiness, maximizing the value of intellectual property (IP) is about more than just problem-solving. With scientific discovery advancing at an unbelievable pace in the field, agtech companies are regularly seeking strategic legal advice to protect their inventions.

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USTR urges more anti-counterfeiting actions in Colombia

Olartemoure Blog

The Office of the United States Trade Representative (USTR) published the Special 301 Report, an annual review of the state of intellectual property prosecution and enforcement in U.S. trading partners. The report provides a spotlight on foreign countries and their laws, policies, and practices to provide adequate and effective IP protection and enforcement for inventors, creators, brands, manufacturers, and service providers.

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Daily Financial Regulation Update -- Friday, May 26, 2023

JD Supra Law

May 25, 2023- The U.S. House Committee on Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions held a hearing entitled, "International Financial Institutions in an Era of Great Power Competition.".

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The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal

The IP Law Blog

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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Patenting AI: How US Patent System Evolves To Keep Up With the AI Revolution

JD Supra Law

The rise of artificial intelligence (AI) applications in recent years has been accompanied by a surge in patent filings by AI developers. But like many other emerging technologies before it, AI inventions face patent eligibility challenges. The US patent system exists to promote innovation, and therefore has to evolve to encourage the development of this exciting and potentially revolutionary new technology.

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A wake-up call for privacy compliance

Olartemoure Blog

The Irish Data Protection Commission (DPC) has fined Meta Platforms Ireland Limited (Meta IE), the company behind Facebook, a significant amount of 1.2 billion euros for unlawfully processing users’ personal data. The DPC found that Meta IE violated European General Data Protection Regulation (GDPR) standards by consistently transferring personal data to the United States using standard contractual clauses.

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Top IP, FDA, and Compliance Issues for Medtech Companies Transitioning to Data-Enabled Product Solutions

JD Supra Law

Medtech companies are evolving rapidly as more and more of them develop products that collect and leverage substantial patient and provider data. ​​​​​​​ Companies that once only developed hardware-based solutions for medical problems are now evolving into data platform companies, offering a more comprehensive glimpse into the habits and health of their patients and customers.

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The US and Italy set precedents in copyright and art

Olartemoure Blog

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The ensuing litigation unfolded in the Court of Rome, where it was determined that cultural heritage serves as an expression of national identity.

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PTAB Issues Back-to-Back Fintiv Denials After Dry Spell

JD Supra Law

The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v. California Institute of Tech., No. IPR2023-00130, Paper 10 (P.T.A.B. May 4, 2023). And the second denial issued the very next day. Roku, Inc. v. IOENGINE, LLC, No. IPR2022-01554, Paper 11 (P.T.A.B. May 5, 2023).

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CLE: Meet the New Northern District Judges

LexBlog IP

The Chicago Chapter of the Federal Bar Association is hosting a program designed to introduce the Northern District of Illinois’ newest district court judges on Thursday, June 8, 2023 from 12:00 p.m. until 1:30 p.m. Lunch will be provided, along with one hour of credit, pending approval. The event is being hosted at the Chicago Bar Association, 321 S Plymouth Court, in Chicago.

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[Audio] Podcast - The Briefing by the IP Law Blog: Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal

JD Supra Law

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.

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AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

LexBlog IP

This blog post is the second in a three-part series exploring the intersection between AI and antitrust. (Part I can be found here.) Part II: Tacit Collusion and AI This is the second part of a three-part series on artificial intelligence and anti-trust. In Topkins, discussed in Part I , the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement.