Thu.Jun 16, 2022

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Unravelling the Complexities of the Canadian Content (Cancon) Conundrum

Hugh Stephens Blog

“Feds to modernize definition of a Canadian film and TV program” screamed the headline.

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‘Pirate’ Streaming Apps Beat Netflix and Disney in Brazil’s Play Store

TorrentFreak

Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is a mobile app available for any type of content. This shift in consumption patterns is not limited to legal content; streaming piracy has gone mobile as well. Pirate streaming apps often have to be sideloaded onto devices but can be occasionally found in official app stores too.

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Petition Asks SCOTUS to Clarify Takings Clause in Context of Copyright Infringement

IP Watchdog

Following a denial of rehearing en banc by the U.S. Court of Appeals for the Fifth Circuit in February, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, have now filed a petition for writ of certiorari with the U.S. Supreme Court in their appeal of a copyright case against both Texas A&M University and a pair of school officials.

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Xtream-Codes IPTV Company Declared Lawful, Assets Seized in Raid Returned

TorrentFreak

In September 2019, the IPTV market was thrown into turmoil following a huge law enforcement operation in Europe. Italy’s Guardia di Finanza (GdF), a law enforcement agency under the authority of the Minister of Economy and Finance, reported that the main targets were IPTV management system Xtream-Codes and its operators. With an estimated 700,000 users of the system prevented from accessing the platform directly and 50 million end clients disrupted globally, the immediate fallout was unpre

Law 126
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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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Growth opportunities for digital health in KSA and UAE

McKinsey Operations

Digital health can improve patient services and well-being in the Kingdom of Saudi Arabia and the United Arab Emirates. The sector offers growth opportunities for existing players and new market entrants.

Marketing 109
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Airing their Dirty Diapers: Final decision in Angelcare v Munchkin

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On April 07, 2022, the Federal Court of Canada released its judgment in favour of the plaintiffs in the patent infringement action against Munchkin Inc. and Munchkin Baby Canada Ltd. Background. This suit concerned the well-known Diaper Genie system of disposing of soiled diapers.

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Relevant Results Matter. Conceptual Searching Helps You Find Them.

IP.com

The limitations of keyword-based searching are well-documented. A syntactic search engine will deliver results based solely on the words and phrases a searcher enters. Synonyms, homonyms, and translations all prove. The post Relevant Results Matter. Conceptual Searching Helps You Find Them. appeared first on IP.com - IP Innovation and Analytics.

IP 98
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Key Intellectual Property Considerations for Joint or Outside Development Projects

JD Supra Law

Recent years have witnessed accelerated advancements in, and commercialization of, electric vehicle, autonomous vehicle, connected vehicle, and other vehicle and mobility technologies. Similarly, the expertise and resources required to design, develop, and manufacture vehicles has never been more diverse.

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Dunkin' Wants Troutman Pepper DQ'd From Slogan Suit

IP Law 360

Dunkin' Brands Group wants a Florida federal court to disqualify Troutman Pepper from representing a company accusing the coffee and doughnut chain of trademark infringement, saying the law firm also represents a Dunkin' subsidiary in a separate case.

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Leveraging the Patent Priority Date: A Life Sciences Focus

JD Supra Law

The ACC last month hosted the San Francisco Bay Area Life Sciences CLE Conference, giving TransPerfect Legal Solutions (TLS) team members the opportunity to learn and connect with colleagues. One of the panels, moderated by Alex Trimble, Partner at Mintz Levin, Cohn, Ferris, Glovsky, and Popeo, focused on prioritizing patent filings. Panelists included Briana Barron, Arcus Biosciences Vice President of Intellectual Property, Alok Goel, Cepheid Senior IP Counsel, and Wesley Jackson, Valitor CEO.

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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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26 Fish & Richardson Attorneys Named to the 2021 Capital Pro Bono Honor Roll

Fish & Richardson Trademark & Copyright Thoughts

Fish Also Honored for Pro Bono Legal Services by the. District of Columbia Circuit Judicial Conference Standing Committee. Fish & Richardson is proud to announce that 26 attorneys from its Washington, D.C., office have been named to the 2021 Capital Pro Bono Honor Roll. Honorees have contributed 50 hours or more of pro bono work to those who cannot afford legal counsel.

Designs 98
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District Court Rules PureCircle Steviol Glycoside Patents Invalid

JD Supra Law

On May 23rd, U.S. District Court Judge James V. Selna of the Central District of California granted summary judgement to Defendant Sweegen, Inc. on its motion that Plaintiff Pure Circle USA Inc.'s claims in suit were invalid for reciting patent ineligible subject matter and for failing to satisfy the written description and enablement requirements of 35 U.S.C. § 112(a), in PureCircle USA Inc. v.

Patent 98
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As more Americans ask for public aid, could integrated benefits help?

McKinsey Operations

Public-health and human-services programs help more than 100 million Americans. States that better integrate these programs could increase access, improve outcomes, and reduce costs.

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The green side of intellectual property and its role in energy transition innovation

JD Supra Law

The transformation of the global energy sector to renewable energy sources is enabled by technological advancements and the global pursuit of sustainable solutions. As energy transition continues to gain steam, intellectual property (IP) rights underlying those technological advancements and improvements made to competing technologies will be foundational to this transition. .

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Huawei hails groundbreaking, component level IoT SEP licensing deal

IAM Magazine

Company says agreement with Norway’s Nordic Semiconductor shows it is possible to act flexibly to meet the business needs of different industry stakeholders.

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Discussion of Inventors’ Path in Expert’s Obviousness Opinion Warrants Partial Exclusion in Bench Trial

JD Supra Law

In the weeks preceding a recent Hatch-Waxman bench trial, a district court excluded portions of an expert’s opinion on obviousness that addressed internal documents and inventor testimony concerning the “inventors’ path” to arriving at the invention, finding that such portions of the opinion amounted to impermissible hindsight. .

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The USPTO’s IPR decision reviews will build trust in PTAB proceedings

IAM Magazine

The Circulation Judge Pool’s review of panel draft decisions and the Director’s review of issued decisions should create more confidence in the process.

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A PORTRAIT OF AN ARTIST AS A YOUNG…CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t Make The Artist A Dunsel

JD Supra Law

In my recent attempt at spring cleaning, I mentioned that “the Copyright Office’s ‘refusal to register a two-dimensional artwork claim in the work titled ‘A Recent Entrance to Paradise’ (‘Work’).” I also observed that “[e]ven with Roombas and Creativity Machines doing their jobs well, these issues remain a little messy and will need to be considered further.

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2022 Investment Summit: In-Person Applications Close on Friday, June 17

U.S. Department of Commerce

2022 Investment Summit: In-Person Applications Close on Friday, June 17. June 16, 2022. KCPullen@doc.gov. Thu, 06/16/2022 - 12:23. Export and investment promotion. Registration rates are higher than ever! In-person applications for the 2022 Investment Summit will close on Friday, June 17, 2022 at 5 p.m. (ET). Virtual applications will remain open. SelectUSA is thrilled to host the first in-person Investment Summit since 2019!

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Author Talks: George Floyd’s America revisited

McKinsey Operations

Toluse Olorunnipa and Robert Samuels examine the life of the man whose death launched a worldwide movement: “We all have a responsibility to pay attention to people like George Floyd before they die under the knee of a police officer on video.”.

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'Really Big Fan' Of IBM Sues Over Attempted NFT Takedown

IP Law 360

A self-proclaimed "really big fan" of IBM on Thursday accused the software company of trying to interfere with its efforts to sell nonfungible tokens commemorating the IBM PC's 40th anniversary, saying the term is generic and ineligible for trademark protection.

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Scaling digital and analytics-enabled improvements in chemicals and agriculture

McKinsey Operations

Productivity in process industries depends on scaling technology and traditional operating disciplines at the same time.

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Texas A&M's '12th Man' Copyright Saga Kicked To High Court

IP Law 360

A sports publisher wants the U.S. Supreme Court to reevaluate whether states can be held liable under federal copyright laws, after the Fifth Circuit ruled that Texas A&M University employees were immune from suits over allegedly repurposing a sports biography to bolster the school's own "12th Man" trademark enforcement efforts.

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‘Sacrifices’: PTAB Reform Act Would Limit Fintiv Denials

IP Watchdog

Senators Patrick Leahy (D-VT), John Cornyn (R-TX) and Thom Tillis (R-NC) today introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022, which is meant to tackle gamesmanship at the PTAB. In April, Senators Leahy and Tillis penned an op-ed that announced such a bill would be introduced “in the coming days”, but it never materialized. The bill makes a number of key changes to PTAB procedures, including explaining that “the right to appeal shall extend at least to any dissatisfied pa

Patent 69
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The Importance Of Data And Data Analysis In Litigation

IP Law 360

Understanding, analyzing and effectively presenting large datasets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

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Managing IP EMEA Awards 2022: all the winners revealed

Managing IP

More than 450 guests joined us at the Royal Lancaster London to celebrate IP work achievements by law firms and in-house teams.

IP 72
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IP Forecast: Cooley To Fight DQ Bid In Tech Patent Row

IP Law 360

Lawyers at Cooley LLP are scheduled next week to argue in front of Western District of Texas Judge Alan Albright that he should reject an attempt to disqualify them from representing a software startup that is facing a patent suit by a former Cooley client. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Court trims claims against for-profit "charity" sweepstakes site that keeps 85% of "donations"

43(B)log

Knuttel v. Omaze, Inc., No. 2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. Cal. Feb. 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. “After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.

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'Big Bang Theory' Star Sues Over Fake CBD Endorsement

IP Law 360

Mayim Bialik, known for her role on the "Big Bang Theory," claims dozens of websites and online markets are attaching her name to CBD products without her permission to create the false impression she endorses the products, according to a lawsuit filed Thursday in Florida federal court.

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claim against allegedly deceptive charity marketing mainly survives motion to dismiss

43(B)log

Puterbaugh v. Oorah, Inc., No. SACV 21-01593-CJC (DFMx), 2022 WL 2046102 (C.D. Cal. Jan. 27, 2022) Plaintiff alleged that defendants Oorah, Kars4Kids, and JOY violated the FAL and UCL “because, contrary to what their advertisements say and suggest, (1) their charity efforts benefit not all children, but primarily Orthodox Jewish children in New York and New Jersey, (2) some of the charitable donations received go toward risky real estate investments, and (3) much of the charitable donations rece

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The Copyrightability of Dad Jokes is No Laughing Matter

Copyright Alliance

Every year we gather to celebrate Father’s Day to thank our dads for all they do for us during the course of the year. Maybe it’s their love and affection […]. The post The Copyrightability of Dad Jokes is No Laughing Matter appeared first on Copyright Alliance.

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Informa IP events return as in-person events and come with a special IPKat readers’ discount

The IPKat

Summer time, study time. The IPKat is pleased to inform its readers that the traditional IP events organized by Informa are back as in-person events and that IPKat readers are entitled to a VIP discount in the registration fee. The events taking place over July and August are: the IP Law Summer School , which will be held in Cambridge, UK from 15 to 19 August, and the Standards & Patents conference, happening in London, UK from 6 and 7 July.

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Famous Trademark Not Abandoned After Original Owner’s Bankruptcy

JD Supra Law

TIGER LILY VENTURES LTD. v. BARCLAYS CAPITAL INC. Before Lourie, Bryson, and Prost. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: A trademark associated with a bankrupt company was not abandoned when the trademark continued to be used during bankruptcy and was the subject of active licenses.

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WTO Inks Deals On Fisheries, Vaccines After Lengthy Session

IP Law 360

World Trade Organization members unveiled a new package of trade accords late Thursday following a marathon negotiating session, headlined by deals to create flexible intellectual property rules covering COVID-19 vaccines and curtail global fishing subsidies.

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Concentration of a Sub-Topically Applied Compound Is Measured at Topical Application

JD Supra Law

UNIVERSITY OF MASSACHUSETTS v. L’ORÉAL S.A. Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: In claims of two patents regarding skin enhancement, the recited concentration of a compound that is applied to sub-topical dermal cells is measured at the point the compound is applied topically to the skin.

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