Thu.Apr 28, 2022

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How to ACTUALLY Avoid Plagiarism

Plagiarism Today

If you’re a student, budding journalist or just someone taking up writing, you definitely do not want to become known as a plagiarist. In schools, plagiarism carries with it severe penalties, including potential expulsion. Outside the classroom, being marked as a plagiarist, especially in a public way, is a permanent stain on one’s career. Though some careers move past it, the cloud is always there.

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Examining the Specification

Patently-O

by Dennis Crouch. Earlier this month, I posted a short essay about recent enablement cases at the PTAB. Section 112(a) includes three disclosure requirements: written description; enablement; and best mode. I would further divide written description into two categories: new matter and Ariad -style. Thus we get: New Matter Written Description : Any amendments made to the claims during prosecution must be supported by the originally filed specification.

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3 Count: Bottom Start

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Drake Dropped From Copyright Suit Over Chris Brown Collab “No Guidance,” Judge Makes “Started From the Bottom” Joke. First off today, Brad Callas at Complex reports that the rapper Drake has been dismissed from the No Guidance lawsuit, leaving Chris Brown as the only artist who worked on the track as a defendant.

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Patent Filings Roundup: Litigation Finance Disclosures in Delaware Standardized; Impossible Burger Patent Challenged; Slew of Discretionary Denials

IP Watchdog

With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May. Chief Judge Connolly of the U.S. District Court for the District Court of Delaware filed a standing order in all of his cases requiring litigation funding disclosures; there were more filings b

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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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Merck’s JANUVIA crystalline monohydrate DHP salt patent found valid

JD Supra Law

In a patent infringement action brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations, in relation to sitagliptin phosphate monohydrate (Merck’s JANUVIA), Justice Furlanetto of the Federal Court found Canadian Patent No. 2,529,400 (the 400 Patent) to be valid and granted a declaration of infringement: Merck Sharp & Dohme Corp v Pharmascience Inc, 2022 FC 417.

Patent 98
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The Continuing Battle Over LinkedIn Profiles and the Applicability of the Computer Fraud and Abuse Act

The IP Law Blog

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. v. LinkedIn Corporation , in which the Court agreed with a lower court that had issued a preliminary injunction against LinkedIn from taking certain technical measures to prevent HiQ, a data analytics company, from “scraping” information from publicly available profiles on LinkedIn’s site.

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Hirono and Tillis Give Vidal One Month to Answer Questions on Abuse of PTAB Process

IP Watchdog

Senators Mazie K. Hirono (D-HI) and Thom Tillis (R-NC) sent a letter yesterday to U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal to express their concern over the Patent Trial and Appeal Board (PTAB) decisions to institute inter partes review (IPR) proceedings in OpenSky Industries, LLC v. VLSI Technology LLC and Patent Quality Assurance, LLC v.

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Destiny Cheat Code Seller Must Face Bungie's TM Claims

IP Law 360

A federal judge in Seattle dismissed Bungie Inc.'s copyright infringement claim against a website that sells cheat codes for its Destiny video game franchise on Wednesday and sent several other claims to arbitration, but he allowed the game company to continue to pursue claims of trademark infringement and false designation.

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4 Best Practices for Keeping Up with International Privacy Regulations

JD Supra Law

Since 2018, legal and privacy professionals have witnessed unprecedented change in the realm of data privacy regulation. Since the enactment of the General Data Protection Regulation (GDPR) in Europe, jurisdictions across the globe have revisited past privacy laws and enacted new ones.

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Removing Roadblocks to University Technology Commercialization

IP.com

Since the Bayh-Dole Act went into effect in 1980, allowing entities to own and monetize IP stemming from federally-funded research, there has been much debate about to what extent universities. The post Removing Roadblocks to University Technology Commercialization appeared first on IP.com - IP Innovation and Analytics.

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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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NFTs: The Future of Managing Patent Assets?

JD Supra Law

What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain.

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Can Our Worlds Meet in the Middle?

Velocity of Content

Ongoing calls for social change have drawn attention to the need in scholarly publishing for greater equity, diversity, and inclusion, including for peer review, editorial practices, and business models. At CCC, we have developed RightsLink for Scientific Communication s to enable publishers to scale their global Open Access (OA) programs with institutions, consortia, and funders.

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Why Diversity in Patenting Should Increase

JD Supra Law

Innovation has been valued throughout the history of the United States. In fact, it was so important that Article I, Section 8 of the US Constitution gave Congress the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”.

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Womble Bond Takes On 5-Atty IP Team To Open NY Office

IP Law 360

Womble Bond Dickinson LLP will open a New York office with a five-attorney team from intellectual property boutique Abelman Frayne & Schwab, the firm said Thursday.

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Bausch Health Ireland Ltd. v. Mylan Labs. Ltd.

JD Supra Law

Case Name: Bausch Health Ireland Ltd. v. Mylan Labs. Ltd., No. 21-10403 (SRC) (JSA), 2022 WL 683084 (D.N.J. Mar. 8, 2022) (Chesler, J.) Drug Product and Patent(s)-in-Suit: Trulance® (plecanatide); U.S. Patents Nos. 7,041,786 (“the ’786 patent”), 7,799,897 (“the ’897 patent”), 8,637,451 (“the ’451 patent”), 9,610,321 (“the ’321 patent”), 9,616,097 (“the ’097 patent”), 9,919,024 (“the ’024 patent”), 9,925,231 (“the ’231 patent”), and 10,011,637 (“the ’637 patent”).

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The UK IPO publishes its Research Priorities for 2022-23

The IPKat

The UK Intellectual Property Office (IPO) has today published its Research Priorities for 2022-23. In it they are looking for expressions of interest for areas including the following: online copyright infringement tracker, counterfeit goods tracker, economics of streaming, trade secrets, AI and IP, IP and innovation, the cost of IP crime, OECD impact on the economic impact of trade in counterfeit goods, and the evaluation framework for the IPO’s counter-infringement strategy.

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Patent Claiming Mapping Gemstones to Blockchain Invalid Under Section 101

JD Supra Law

In a recent case decided by the U.S. District Court for the Southern District of New York, the plaintiff, Max Rady, alleged that he developed a method to "record to a blockchain the individual identification signatures of physical items that have unique random properties." Mr. Rady's method involves.

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OSFI consults on third-party risks in updated B-10 Guideline

Barry Sookman

Yesterday, the Office of the Superintendent of Financial Institutions (OSFI) began a consultation on an updated Draft Guideline B-10 – Third-Party Risk Management. The draft guideline sets out enhanced third-party risk management expectations for federally regulated financial institutions such as banks, insurance companies, and some credit unions (FRFIs).

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The Wi-Fi is A, B, or C—the Rogers-Shaw Deal: Limiting choice in a wireless marketplace?

IPilogue

Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. In March 2021, Rogers Communication Inc. announced an upcoming deal to buy Shaw Communications Inc for a US$26 billion takeover. If successful, Rogers will become Canada’s second -largest cellular and cable company operator. Canada would resultingly have three wireless providers to choose from instead of four.

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US Calls Out Countries For Failing to Tackle Pirate IPTV & Movie ‘Camming’

TorrentFreak

The Office of the United States Trade Representative has just released its 2022 Special 301 Report detailing the state of intellectual property protection and enforcement by trading partners around the world. The annual report aims to spotlight laws, policies, and practices of foreign countries that fail to meet standards set by the United States. This public document seeks to inform the public and trading partners and hopes to be a “positive catalyst” for change.

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Judge Stops H&R Block Rival From Using 'Block' Name

IP Law 360

A Missouri federal judge has barred the fintech company Block Inc. from using its name in connection with a tax service offering it operates, handing a win to H&R Block in its trademark lawsuit.

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Court Dismisses Bungie’s Copyright Claims Against Cheat Seller AimJunkies, For Now

TorrentFreak

Over the past several years a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

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Netflix Scores Win In 'Tiger King' Footage Copyright Fight

IP Law 360

Netflix was handed a victory in a copyright dispute over its use of certain footage in the hit documentary series "Tiger King" when an Oklahoma federal judge ruled that the videos taken by a former zoo employee did not belong to him.

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Amicus against dilution in Vans v. MSCHF

43(B)log

Here, as filed (the court granted the motion so it is no longer "proposed"). Dilution is content-based, viewpoint-based, and so vague and pervaded with exceptions as to be unconstitutional. An interest in fixing meaning on behalf of famous trademarks is not a legitimate government interest! [link].

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Dunkin', Beyond Meat Sued Over Stolen 'Plant-Based' Slogan

IP Law 360

Dunkin' Brands Group and Beyond Meat teamed up to sell a meat-free breakfast sandwich, but the food giants stole their "Great Taste Plant-Based" slogan from a Philadelphia company that specializes in plant-based meat substitutes, according to a trademark infringement lawsuit filed Thursday in Florida federal court.

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Despite Strength of Kate Spade Marks, TTAB Dismisses Opposition to "WOLV & Spade Logo" for Watches

The TTABlog

The Board dismissed Kate Spade LLC's opposition to registration of the mark WOLV & Design (shown below left) for watches, finding the mark to be too dissimilar to the KATE SPADE word mark and the "spade logo" mark (below right) to support opposer's Section 2(d) likelihood-of-confusion and its Section 43(c) dilution-by-blurring claims. Despite identical goods, presumably identical channels of trade and classes of consumers, and the high level of strength of opposer's marks, the Board deemed t

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Fox Sports Headed To Mediation In USFL Revival TM Spat

IP Law 360

Fox Sports and the long-defunct U.S. Football League said Wednesday they will try to hash out their trademark dispute through mediation, after a California federal judge signaled that Fox's reboot of the USFL may have infringed on the original league's intellectual property.

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What Happens If You Miss the Tax Deadline? Penalties for Late Filing

Legal Zoom

If you miss the tax filing deadline, you will be subject to failure-to-file penalties. To avoid this, you should file an extension prior to the deadline. Extensions allow extra time to file a tax return, but it does not give you extra time to pay.

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Composer's Febreze Jingle IP Suit Dismissed, For Now

IP Law 360

A New York federal judge on Wednesday dismissed, for now, a composer's copyright infringement suit against Procter & Gamble and several others for allegedly ripping off a song he wrote in the 1980s for their Febreze commercials, ruling that the composer didn't show how his song was copied.

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Another case finds that delay still rebuts presumption of irreparable harm

43(B)log

Harley’s Hope Found. v. Harley’s Dream, 2022 WL 1154526, No. 22-cv-0136-WJM-STV (D. Colo. Apr. 19, 2022) Harley’s Hope launched in 2010; it owns a 2021-issued registration for “HARLEY’S HOPE FOUNDATION,” for “Charitable foundation services, namely, providing financial support to pet parents for veterinary assistance and programs” and a 2012 Colorado state registration.

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Fed. Circ. Forecast: Food Co. To Fight Coca-Cola's TM Victory

IP Law 360

The Federal Circuit next week will hear a challenge to a Coca-Cola trademark win that stopped a smaller rival from selling drinks in the U.S. with brand names that the beverage giant primarily uses in India. Here's a look at that case — plus all the other major intellectual property matters facing the court in the coming week.

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WIPO Standard ST.26 is coming into force before the European Patent Office on July 1, 2022

Fish & Richardson Trademark & Copyright Thoughts

The European Patent Office has published a decision that the new WIPO Standard ST.26 for sequence listings will replace the former WIPO Standard ST.25. European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26 (Rule 30(1) EPC / Rule 5.2 PCT).

Patent 52
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Senate Grows Impatient with PTAB

LexBlog IP

Tillis/Hirono Demand Answers on OpenSky. Barely on the job for a week, Director Vidal is already being politically pressured to address a festering issue of patent policy. That issue—the use of a recycled IPR petition as a means to collaterally attack large damage verdicts— is a self-inflicted wound for the agency. The OpenSky business model wouldn’t exist absent the ill conceived expansion of discretionary denial practices under former Director Iancu.

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Crafting a Comprehensive Trade Secret Strategy

Fish & Richardson Trademark & Copyright Thoughts

Despite the value trade secrets create for companies that hold them, they are often-overlooked intellectual property assets. But, unlike patents, trade secrets require their owners to take affirmative steps to maintain the intellectual property protection they provide. Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation.

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Jury Hands Drilling Tool Materials Co. $700K In Patent Row

IP Law 360

An Ohio federal jury has awarded more than $700,000 in lost profits to a drilling tool materials company in its patent suit against two metal importers over dissolvable alloys, finding that the manufacturers infringed two patents covering the metal composition but did not do so willfully.

Patent 52