Wed.Dec 08, 2021

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Books and Supply Chains: A Christmas Challenge for Authors, Publishers and Booksellers

Hugh Stephens Blog

On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk.

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Why Spotify Removed So Many Comedy Albums

Plagiarism Today

Last week, Spotify removed a slew of popular comedians from their service including John Mulaney, Kevin Hart, Lewis Black and Tiffany Haddish to name just a few. The move was abrupt and left both the comedians and their fans in a lurch. However, the move didn’t come completely out of nowhere. It’s actually a battle that has been brewing for several years but has only now reached a tipping point.

Music 219
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Russia Blocks TorProject.org and Begins Blocking of Wider Tor Network

TorrentFreak

In an effort to control what its citizens can and cannot access on the internet, Russia continues to develop systems for denying access to websites and services. From copyright infringing content to terrorist propaganda (and whatever the government deems offensive in between), Russia is determined to implement restrictions on Internet users, regardless of the broader implications.

Reporting 139
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3 Count: NFT Repeat

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTuber Hit With 150 Copyright Claims For Reviews Featuring Anime Footage. First off today, Brian Ashcraft at Kotaku reports that YouTuber Mark Fitzpatrick, better known as Totally Not Mark, says that he does not know what is next after the anime studio Toei has filed copyright claims against some 150 of the videos on his channel.

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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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Operation ‘IPTV Special’: 49 Pirate IPTV Resellers Fined €10,000 Each

TorrentFreak

Known in Italy as ‘pezzotto’, piracy-configured set-top devices have been blamed for mainstream rightsholders losing massive amounts of revenue, much of it connected to cheap subscriptions to unlicensed IPTV providers. In response to the growing threat, Italian authorities have been cracking down on all players in the ecosystem, from key suppliers right down to the humble consumer.

Reporting 122
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FRAND Or Not: The 5G Patent Licensing Dispute Between Ericsson and Apple

IPilogue

Shuang Ren is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. Ericsson Inc. and Telefonaktiebolaget LM Ericsson (“Ericsson”) filed a suit against Apple Inc. (“Apple”) in a federal court of the United States on October 4, 2021.

Licensing 106

More Trending

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Last Week in the Federal Circuit (November 29 - December 3): COVID-19 Vaccine Patents at the PTAB

JD Supra Law

Last week the Federal Circuit was gearing up for its December argument sitting, but the Court still found time to issue several decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

Patent 98
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CNIPA measures are a big step forward for patent pledges in China

IAM Magazine

The viability of patent pledges in China has been given a significant boost by amended measures published by the CNIPA, a detailed attempt to make the patent pledge procedure smoother for prospective registrants.

Patent 98
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Prior Art Wanted—Cash Reward

JD Supra Law

Recently, Cloudflare Inc. succeeded in convincing the PTAB to institute in IPR2021-00969 against a Sable Network, Inc.’s patent directed toward data flow. While the institution itself is not out of the ordinary—the petitioner, Cloudflare, is. After being accused of infringing four of Sable’s data flow patents in the Western District of Texas, Cloudflare took the fight to the internet and is crowdsourcing its efforts to identify invalidating prior art.

Art 98
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Book Review: We the Robots?

The IPKat

The regulation of artificial intelligence is the topic of national and international public consultations and a growing area of literature. A recent contribution to that discussion is " We, the Robots? Regulating Artificial Intelligence and the Limits of the Law " by Simon Chesterman , National University of Singapore. As Chesterman mentions in the introduction to the book, “the field of AI and law is fertile,” and there are already books, dedicated journals and thousands of articles that discus

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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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Blockchain Patents and Litigation

JD Supra Law

Blockchain has the potential to be the new frontier of innovation and a disruptor of existing technologies, and with this, has the potential for significant patent litigation. The technology now commonly known as “blockchain” was described by Stuart Haber and W. Scott Stornetta, and then used to describe the framework for bitcoin by a writer using the pen name Satoshi Nakamoto.

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The stranger’s guide to PTAB director reviews by in-house

Managing IP

Six months after US v Arthrex, counsel at Thermo Fisher, Sanofi and two other companies set out how they plan to use the USPTO's director review process

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Ticked Tabby Cats and Their Genetic Bases Elucidated

JD Supra Law

The domestic cat has been the subject of much study, recently involving its genetic structure, genomic DNA sequence, and comparisons with other felines. The first such study was published in 2014, when an international effort led by Stephen J. O'Brien at the Oceanographic Center, Nova Southeastern University, Ft. Lauderdale, Florida reported the complete genomic sequencing of the domestic cat, Felix catus.

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Lowe's Hit With $2.1M Jury Verdict In LED IP Trial

IP Law 360

A California federal jury has found that home improvement retailer Lowe's infringed three LED patents held by Taiwan-based Epistar Corp. and owes more than $2.1 million in damages.

IP 75
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Cellspin Soft Challenges Denials of USPTO Director Review Under Arthrex and APA

IP Watchdog

Last week, patent owner Cellspin Soft filed a citation of supplemental authorities with the U.S. Court of Appeals for the Federal Circuit (CAFC) asking the appellate court to either vacate or reverse an order from the U.S. Patent and Trademark Office (USPTO) denying Director review following a pair of inter partes review (IPR) proceedings conducted at the Patent Trial and Appeal Board (PTAB).

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A Compliance Primer For Attorneys Outsourcing Legal Work

IP Law 360

Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

Law 75
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How One Entrepreneur Tapped into Her Culture to Find a Business Opportunity

Legal Zoom

Tapping into your roots can provide entrepreneurs with ideas for their business. Yvonne Bulimo, founder of Zoezi Sports, used her Kenyan heritage to create a strong unique brand.

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Gilstrap Won't Ax Patents After Sony Video Game Win

IP Law 360

U.S. District Judge Rodney Gilstrap has shot down Sony's argument that a pair of video game patents should be invalidated in light of the U.S. Supreme Court's Alice ruling, two months after a jury in his Marshall, Texas, courthouse found that Sony's Playstation console doesn't infringe them.

Patent 75
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TTABlog Test: Is "GOAT GREATEST OF ALL TIME" Merely Descriptive of Vodka?

The TTABlog

AAN Holding, LLC. applied to register the mark GOAT GREATEST OF ALL TIME for vodka, but the USPTO refused registration on the ground of Section 2(e)(1) mere descriptiveness. Applicant pointed to five Principal Register registrations for marks that include a variation of GOAT GREATEST OF ALL TIME without disclaimer or Section 2(f) claim, arguing that these registrations "show an Office practice of allowing GOAT GREATEST OF ALL TIME and other common phrases and expressions to register.

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Tennis Software Co. Faults Retailer For 'TennisPoint' Branding

IP Law 360

A Georgia-based company that develops sports software for tennis players accused a tennis clothes and equipment retailer of trademark infringement and unfair competition in a new federal complaint, arguing the retailer is wrongfully using "TennisPoint" branding.

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British Columbia Expands Biosimilar Initiative to Rapid-Acting Insulins

LexBlog IP

On December 1, 2021 the government of British Columbia announced that it is further expanding its biosimilar initiative. The statement reported that as of November 30, 2021 an estimated 30,000 patients on the rapid-acting insulin lispro (Humalog) and insulin aspart (NovoRapid) would have six months to transition to the respective biosimilars, Admelog and Trurapi, or risk losing their PharmaCare coverage.

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Nintendo, Samsung Hit With Patent Suit Over Switch LED Tech

IP Law 360

Samsung OLED displays used in Nintendo Switch video game consoles infringe four LED patents, alleges Irish technology licensing firm Solas OLED in a new suit filed in a Texas federal court.

Patent 74
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Athletic Fashion Dispute in Race to Courthouse

JD Supra Law

Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease and desist letter from Lululemon's counsel. It initially filed a declaratory judgement action for non-infringement in the Southern District of New York on November 24, 2021.

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Plain Vanilla Bean mislabeling cause dismissed – SDNY

LexBlog IP

Defendant’s vanilla bean ice cream contains specks of vanilla bean. Plainitff alleges that the specks contain no flavor, and that the vanilla flavor is derived from vanillin and synthetic vanillin. IT might be the case that very little of the flavor comes from the vanilla beans as opposed as from the extracts, but there is no plausible allegation that there is a material misrepresentation as to the percentage of the flavor that comes from vanilla beans.

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Examples in Specification Did Not Provide Written Description Support for Bounded or Closed Ranges

JD Supra Law

Examples in Specification Did Not Provide Written Description Support for Bounded or Closed Ranges - The Federal Circuit Court of Appeals affirmed the Patent Trial and Appeal Board's determination that a patent specification did not provide written description support for range limitations in the challenged claims. Indivior UK Ltd. v. Reddy's Labs. S.A., Nos. 2020-2073, 2020-2142, 2021 U.S.

Patent 52
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BGI Units Appeal DNA Sequencing Infringement Ruling

IP Law 360

Four BGI Group subsidiaries urged an appellate court on Wednesday to overturn findings that they infringed valid patents for rapid DNA sequencing held by Illumina Cambridge Ltd., saying the inventions were obvious considering the prior research in the field.

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Weblog awards

Likelihood of Confusion

We never win, so it’s not about that. The reason must be because we write about sub-niche topics here which for some reason not everyone finds fascinating. But you can. The post Weblog awards appeared first on LIKELIHOOD OF CONFUSION™.

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Why Open RAN’s closed standards setting body could be bad for wireless innovation

IAM Magazine

The Long Read: The O-RAN Alliance is touted as a key initiative for furthering 5G deployment. Elisabeth Opie and Haris Tsilikas say its exclusive membership structure raises both IP and antitrust issues.

IP 52
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Patents And Freedom To Operate

Biswajit Sarkar Copyright Blog

After an invention is patented, the inventor has exclusive rights over the invention. Any infringement thereby is actionable and you have the right to stop others from using or selling your invention. However, getting a patent is not enough to sell your product in the market. Sometimes, you need to have the Freedom to Operate (FTO) to make, use and sell the product.

Patent 52
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Study finds hotly debated IEEE patent policy had no impact on Wi-Fi standard contributions

IAM Magazine

But while major licensors continue to participate in development of the wireless standard, many have done so while declining to adopt the 2015 rules.

Patent 52
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Copyright Atty Liebowitz Suspended From North Texas

IP Law 360

Alleged "copyright troll" Richard Liebowitz has been suspended from practicing in the Northern District of Texas, just about a month after he suffered the same setback in New York.

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Five winning ways to break down patent jargon for judges and juries

IAM Magazine

Those in the know share their top tips for how to translate highly technical concepts so that they can be easily understood by non-experts.

Patent 52
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Fed. Circ. Gives Mylan 2nd Chance To Ax AstraZeneca IP

IP Law 360

A split Federal Circuit panel on Wednesday gave Mylan another chance to try to show that its planned generic of AstraZeneca's inhaler asthma treatment Symbicort doesn't infringe a trio of patents on the product, partially sending the case back to the lower court for another look.

IP 40
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CNIPA measures are a big step forward for patent pledges in China

IAM Magazine

The viability of patent pledges in China has been given a significant boost by amended measures published by the CNIPA, a detailed attempt to make the patent pledge procedure smoother for prospective registrants.

Patent 52
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CNIPA Goes Paperless—Ceases Issuing Paper Trademark Registration Certificates as of January 1, 2022

LexBlog IP

On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as e-filings. This procedural change follows a number of formatting changes to the registration certificate template initiated in 2018, including the addition of a QR code on each registration certificate for publication