Fri.Jun 24, 2022

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Takedown Notice Wipes Game Boy Advance Emulator From GitHub

TorrentFreak

Playing games using browser-based emulators is a niche pastime of some of the most dedicated gamers. For Game Boy Advance fans there are a few websites that offer this option, albeit without permission from Nintendo. While emulators that utilize all of their own code don’t break the law, they can face legal issues when packaged with pirated ROMs and distributed to the public.

Copying 134
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Amicus Brief filed in Vans v. MSCHF

Likelihood of Confusion

This is an important trademarks / free speech case. I got in on an edge of it! The post Amicus Brief filed in Vans v. MSCHF appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 138
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Former Cola-Cola Employee Sentenced to 14 Years in Prison for Trade Secret Theft

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. On May 9 th , 2022 , Xiaorong You, a former employee of the Coca-Cola Company and Eastman Chemical Company was sentenced to 14 years in prison and made to pay a $200,000 fine for a scheme to steal trade secrets, engaging in economic espionage and committing fraud.

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Prudential Regulation Authority SS2/21 Compliance Checklist

JD Supra Law

The UK Prudential Regulation Authority SS2/21 sets out outsourcing and third-party risk management expectations for UK firms, here's the 6 steps you need to follow to ensure compliance. What is SS2/21 outsourcing and third-party risk management? The PRA expect UK Financial Services firms to have robust continuity measures in place for “important business services” and specifically stipulate that any material cloud outsourcing arrangement must adopt the highest of resiliency options.

Business 102
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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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Managing financial crime risk in digital payments

McKinsey Operations

To face down the financial-crime threat, payments service providers can learn from banks while utilizing their own advanced technological skills.

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BREAKING: Supreme Court Overturns Roe v. Wade

IP Law 360

The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

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Good news for patent challengers - Vidal’s Fintiv tweaks will reduce discretionary denials

IAM Magazine

PTAB practitioners say rights holders will view the recently announced changes with disappointment, but there is likely to be greater certainty and predictability around IPR institutions.

Patent 97
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Online Branding: The Risky Side of Giving (or not)

JD Supra Law

Perhaps a bit cliché (?), but knowledge really is the ultimate gift that gives back – hands down. Consider this thinking in the context of exercise equipment (and media) company Peloton and its now infamous and controversial commercial, “The Gift That Gives Back.”.

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Pride Month: Celebrating LGBTQIA+ Inventors and Entrepreneurs

U.S. Department of Commerce

Pride Month: Celebrating LGBTQIA+ Inventors and Entrepreneurs. June 24, 2022. KCPullen@doc.gov. Fri, 06/24/2022 - 11:44. This month, the U.S. Department of Commerce is celebrating the LGBTQ+ community and paying tribute to the many LGBTQ+ entrepreneurs and innovators who help fulfill the promise of America for all. Below we share the stories of a few leaders in the community and ways in which our agencies are advancing inclusive innovation for the betterment of society.

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When Can a Patent Claim Positively Include the Negative?

JD Supra Law

Most patent claims describe an invention using positive claim limitations that expressly recite the required elements or features of an invention. Sometimes, however, it is necessary, or desirable, to use a negative claim limitation to expressly specify an invention requires the absence of an element or feature. But when is it allowable to claim the negative?

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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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Now's The Time To Address Archaic Law School Curricula

IP Law 360

With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

Law 76
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Massie, Centripetal Take Center Stage in House IP Subcommittee Hearing on PTAB Reform

IP Watchdog

One day after the Senate Judiciary Committee’s IP Subcommittee met to discuss the PTAB Reform Act and other ways to improve the Patent Trial and Appeal Board (PTAB), the U.S. House of Representative’s Subcommittee on Courts, Intellectual Property, and the Internet held a similar hearing featuring six witnesses with varying views on the PTAB about how to improve the system.

IP 69
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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This week in London has seen promoter Boxxer accused of punching below the belt in a defamation case from competitor Probellum, pharmaceutical company Amgen back in the ring in a patent claim from rival Pfizer, and former Cambridge Analytica boss finding himself on the ropes in a claim from an SPV set up by the consultancy firm's former directors. Here, Law360 looks at these and other new claims in the U.K.

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Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit vacates Eastern Virginia’s denial of a motion for recusal, nixing a $2.75 billion verdict for Centripetal Networks; interim USPTO Director Drew Hirshfeld joins Schwegman Lundberg & Woessner as Principal following end of nearly three-decade career at USPTO; the Senate and House of Representatives both host hearings focused on the negative impacts of the Patent Trial and Appeal Board on small businesses as well as potential reforms; S

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Brand Battles: Coachella Seeks To Shut Down 'Moechella' TM

IP Law 360

Following a deadly shooting at a recent "Moechella" event, the founders of music festival Coachella are seeking to block Moechella's organizer from registering the name as a trademark, citing "negative publicity" among other things — plus three other cases you should know about.

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Plaintiff Adequately Pleads Misappropriation of Confidential Information

JD Supra Law

In a Decision and Order dated May 10, 2022, in Sure, Inc. v. Boost Ins. USA, Inc., 2022 NY Slip. Op. 31523(U), Justice Joel M. Cohen denied defendant’s motion to dismiss a claim for misappropriation of confidential information.

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Good news for patent challengers - Vidal’s Fintiv tweaks will reduce discretionary denials

IAM Magazine

PTAB practitioners say rights holders will view the recently announced changes with disappointment, but there is likely to be greater certainty and predictability around IPR institutions.

Patent 52
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Legislation: PTAB Reform Act of 2022 (UPDATED)

JD Supra Law

Since the passage of the America Invents Act in 2012, both petitioners and patent owners have expressed concerns regarding the procedures and practices of the Patent Trial and Appeal Board (PTAB). In an effort to respond to these concerns, Senators Patrick Leahy, D-VT, John Cornyn, R-TX, and Thom Tillis, R-NC introduced the PTAB Reform Act of 2022 on June 16, 2022 with the express intent of supporting “strong, reliable, and predictable intellectual property rights for all parties.

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Sandoz’s High Concentration Adalimumab Biosimilar Application Accepted by EMA

LexBlog IP

Sandoz recently announced that the EMA (European Medicines Agency) has accepted its application for a 100 mg/ml citrate-free formulation of its biosimilar HYRIMOZ® (adalimumab). The indications covered in the application include rheumatoid arthritis, Crohn’s disease, ulcerative colitis, plaque psoriasis, and uveitis. According to the press release, Sandoz has conducted a Phase I pharmacokinetics (PK) bridging study comparing the high concentration formulation to the 50 mg/ml HYRIMOZ&#

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Fintiv Discretionary Denial of PTAB Proceedings Under the New Director

JD Supra Law

The new director of the U.S. Patent and Trademark Office, Katherine Vidal, recently issued a memorandum clarifying the Patent Trial and Appeal Board (PTAB) application of Fintiv to discretionary denial of PTAB proceedings, such as inter partes review (IPR) and post grant review (PGR), under Fintiv. Key elements of the director’s new guidance are outlined below.

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U.S. Copyright Office Launches “Small Claims Court”

LexBlog IP

Filing a copyright lawsuit just got a little bit easier. In June 2022, the Copyright Claims Board (CCB) began accepting cases. The CCB, which will function as the U.S. Copyright Office’s “small claims court,” will now be hearing cases involving monetary damages of up to $30,000. Congress established the court via the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act).

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MarkIt to Market® - June 2022: PSA: Scammers Gonna Scam

JD Supra Law

This is not our first warning about trademark scams, and (sadly) it will surely not be our last, but it bears repeating that trademark owners should be extremely wary of any unexpected communications (email, text, snail mail) relating to your trademark assets – particularly communications requesting payment of fees. As many brand owners are now aware, the USPTO recently commenced copying registrants on notices of registration as part of their transition to electronic registrations.

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Hirshfeld To Join IP Boutique Schwegman Lundberg

IP Law 360

Drew Hirshfeld, the former U.S. Patent and Trademark Office commissioner for patents who had filled in as the agency's interim director, is headed for a new role at intellectual property boutique Schwegman Lundberg & Woessner PA, the firm announced Friday.

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Top Gun Maverick – Right Into The Copyright Lawsuit Zone

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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VirnetX Tells Fed. Circ. To Revive Patent Tied To $576M Win

IP Law 360

Patent-holding company VirnetX has urged the Federal Circuit to reverse a ruling from the Patent Trial and Appeal Board that gutted a patent tied to a $576 million judgment against Apple in Texas federal court.

Patent 52
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Trademark colors bleed

Likelihood of Confusion

BrandWeek reports that universities are having success suing companies that make fan paraphernalia that don’t actually use team trademarks but do use slogans, colors and other devices that conjure up. The post Trademark colors bleed appeared first on LIKELIHOOD OF CONFUSION™.

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2nd Circ. Asked To Define 'Expressive' Works In Shoe TM Row

IP Law 360

Intellectual property law professors, the International Trademark Association and more filed amicus briefs Friday in an art collective's Second Circuit trademark infringement fight with Vans over the group's blocked sneaker collaboration with rapper Tyga, largely arguing that the suit is a chance for the appellate court to clarify what qualifies as a protected "expressive" work.

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Top Gun Maverick – Right Into The Copyright Lawsuit Zone

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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ALA Annual Conference Returns to Washington

Velocity of Content

This weekend in Washington, DC, the American Library Association holds its first in-person annual conference since the COVID-19 pandemic began in early 2020. The 2019 ALA conference, also in Washington, drew 21,000 attendees, according to Andrew Albanese , Publishers Weekly senior writer. How well the same show performs in 2022 will be an important metric for the oldest and largest library association in the world, with more than 57,000 members, he says.

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[Audio] Podcast - The Briefing by the IP Law Blog: Top Gun Maverick – Right Into The Copyright Lawsuit Zone

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.

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BlackBerry CEO “responding to the calls” of other bidders for the company’s patents

IAM Magazine

John Chen says there’s a high probability that Catapult IP Innovations will still buy the portfolio, but he wants shareholders to know he’s “not just stuck with one option”.

IP 52
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[Video] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications

JD Supra Law

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most recent Draft Amendment of Examination Guidelines in China. The speaker Xiaowen(Nancy) Song is a Chinese patent attorney and partner of Linda Liu & Partners.

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BlackBerry CEO “responding to the calls” of other bidders for the company’s patents

IAM Magazine

John Chen says there’s a high probability that Catapult IP Innovations will still buy the portfolio, but he wants shareholders to know he’s “not just stuck with one option”.

IP 52
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Fintiv guidance vexes doctrine’s in-house backers and critics

Managing IP

Counsel from Blackbird, Unified Patents, two other companies and a law firm debate what new ways to avoid Fintiv mean for petitioners and patent owners.

Patent 52
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U.S. Copyright Office Launches “Small Claims Court”

Above the Fold

Filing a copyright lawsuit just got a little bit easier. In June 2022, the Copyright Claims Board (CCB) began accepting cases. The CCB, which will function as the U.S. Copyright Office’s “small claims court,” will now be hearing cases involving monetary damages of up to $30,000. Congress established the court via the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act).