Thu.Jan 13, 2022

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Ruth Shalit Barrett Sues The Atlantic for $1 Million Over Retraction

Plagiarism Today

On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.” The lawsuit comes more than a year after an article Barrett published in The Atlantic came under fire for alleged fabrications and factual errors.

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Google ‘Censors’ The Pirate Bay and Other Pirate Domains in Several Countries

TorrentFreak

Copyright holders have tried a variety of measures to curb copyright infringement over the years, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While these measures are not foolproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. This strategy has been rolled out in dozens of countries.

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3 Count: Predator Conclusion

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Krafton Sues Garena, Apple, and Google over Free Fire Copyright Infringement. First off today, Aaron Orr at Pocket Gamer reports that the developer of the battle royale game PUBG has filed a lawsuit against competitor Garena after alleging that Garena’s mobile game Free Fire is a copyright infringement of PUBG.

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Major Online Services Help Identify Pirate Streaming Site Operators

TorrentFreak

An interesting lawsuit filed in a Texas court during the summer last year saw DISH Network and Sling TV partner up to sue the people behind SportsBay.org, SportsBay.tv, Live-NBA.stream, and Freefeds.com. Unlike lawsuits against regular pirate IPTV providers, the platforms were alleged to have circumvented the DRM technologies deployed by Sling TV’s streaming system (Widevine, Fairplay, and PlayReady) in order to provide their users with Sling programming, directly from Sling’s servers, for free.

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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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Senate Judiciary Committee Sends Vidal and Stark Nominations to Senate Floor

IP Watchdog

Today, the full Senate Judiciary Committee officially voted to confirm the nomination of Katherine Vidal by a vote of 17-5 for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The Committee also voted 16-6 in favor of Judge Leonard Stark, President Biden’s nominee to replace U.S.

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Supreme Court Patent Decisions

Patently-O

by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural. Congress created the regional circuit courts of appeals as a buffer between the trial courts & Supreme Court.

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Trade Secret or Patent?

The IP Law Blog

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. The answer is: It depends. What Can Be Protected? . The first thing to consider is what it is that needs to be protected. A trade secret protects a business’s confidential and proprietary information. The information can be a formula, process, or customer list.

Patent 104
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Silence May Be Sufficient Written Description Disclosure for Negative Limitation

JD Supra Law

Addressing the issue of written description in a Hatch-Waxman litigation, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding that the patent adequately described the claimed daily dose and no-loading dose negative limitation. Novartis Pharms. v. Accord Healthcare Inc., Case No. 21-1070 (Fed. Cir. Jan. 3, 2022) (Linn, O’Malley, JJ.

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Call for Papers: Symposium on the Right to Research in International Copyright Law

Kluwer Copyright Blog

Photo by Juliana Romão on Unsplash. CALL FOR PAPERS : Symposium on the Right to Research in International Copyright Law. American University International Law Review (AUILR). April 21-22, 2022. The American University Washington College of Law Program on Information Justice and Intellectual Property (PIJIP), American University International Law Review (AUILR), and the University of Amsterdam Institute for Information Law (IViR) are inviting papers for a Symposium on the Right to Research in Int

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Would You Fall for the Anti-SOPA Campaign Today?

The Illusion of More

“The more desperate one is to get attention, rather than to accurately communicate what one believes a problem is, the more one ventures into the realm of sensationalist propaganda.” That observation was not written about anyone promoting the Stop the Steal narrative that led to the insurrection on January 6, 2020. No, that’s Chris Ruen, […]. The post Would You Fall for the Anti-SOPA Campaign Today?

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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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Artificial Intelligence and UK Intellectual Property Consultation: Copyright and Patents

JD Supra Law

The Intellectual Property Office (IPO) in the United Kingdom just closed a consultation on policy options for changes to patent and copyright legislation to better protect technology created by artificial intelligence (AI).

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Missouri Technology Corporation Seeks Entrepreneurs for Investment Programs

Stock Legal Blog

Calling all Missouri-based start-ups! Missouri Technology Corporation (MTC) announced that they are seeking entrepreneurs to apply for its Idea Fund Co-Investment Program. According to MTC Executive Director, Jack Scatizzi, the group intends to distribute “$2M in funding for investment in the most promising Missouri-based early-stage technology companies for the fiscal year.”.

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Patent Case Summaries - January 2022 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., et al., No. 2021-1070 (Fed. Cir. (D. Del.) Jan. 3, 2022). Opinion by O’Malley, joined by Linn.

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Tokenization of intellectual property for IP rights management

The IPKat

Kat friend, Dr. Julia Hugendubel, describes recent developments concerning tokenization of IP rights to manage IP. Interest in blockchain technology, tokens, and IP, continues apace. Consider the recent WIPO webinar , "Blockchain Whitepaper for IP Ecosystems", at which the view was expressed that the future of IP management rights could include a solution that utilizes tokens, and, in particular, non-fungible tokens.

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Bioinformatics Patents – Subject Matter Eligibility In 2022

JD Supra Law

The increasing presence of data-driven solutions in the healthcare and life sciences sector is apparent from the rise in numbers of patents and patent applications. The number of published bioinformatics patents and patent applications in the last decade has nearly doubled. Bioinformatics patents face an uphill battle due to subject matter eligibility challenges.

Patent 98
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A Lone J&J Inventor is Responsible for $14 Billion of Value, Says Analysis Startup PatentVector

IP Close Up

Frederick Shelton IV, arguably the most prolific and financially successful inventors ever, is a Johnson & Johnson medical device innovator unknown to pretty much everyone Continue reading.

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CVC Files Substantive Preliminary Motion No. 3 to Substiture the Count

JD Supra Law

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 3 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to substitute the Count of the interference pursuant to 37 C.F.R. §§ 41.121(a)(1)(iii) and 41.208(a)(1).

Patent 96
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Venable Grabs Wolf Rifkin Entertainment Pro For LA Office

IP Law 360

Venable LLP has landed an entertainment litigation expert from Wolf Rifkin Shapiro Schulman & Rabkin LLP to join its Los Angeles office.

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Video Editing and Motion Graphics Design: Creative Hobby to Creative Career

Art Law Journal

Video editing and motion graphics go hand in hand—after all, they are both rooted in storytelling. Learn about a career in this industry! The post Video Editing and Motion Graphics Design: Creative Hobby to Creative Career appeared first on Art Business Journal.

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How In-House Counsel Can Make The Case For Settling Early

IP Law 360

Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

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PTO Proposes Deferred Responses for Subject Matter Eligibility Rejections

JD Supra Law

In a January 6, 2022, Federal Register notice, the US Patent and Trademark Office (PTO) announced its intention to implement a pilot program to evaluate the effects of permitting applicants to defer responding to subject matter eligibility (SME) rejections in certain patent applications. Under this pilot program, applicants may receive invitations to participate if their applications meet the program’s criteria, including a criterion that the claims in the application necessitate rejections on.

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Cox Says $1B Loss In Music IP Suit Was The Result Of Lies

IP Law 360

Cox Communications has told a Virginia federal judge that a "recent revelation" by Sony Music and other music labels has shown that they lied about a key part of evidence used in a copyright infringement trial that led to a $1 billion verdict against the internet service provider.

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Arbitration agreement doesn't cover sweepstakes that has its own rules

43(B)log

Suski v. Marden-Kane, Inc., 2022 WL 103541, No. 21-cv-04539-SK (N.D. Cal. Jan. 11, 2022) Plaintiffs filed a putative class action “on behalf of themselves and persons who opted into Coinbase’s $1.2 million Dogecoin (DOGE) sweepstakes in June 2021, and who purchased or sold Dogecoins on a Coinbase exchange for a total of $100 or more between June 3, 2021 and June 10, 2021.

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Judge Read Audio Patent Too Narrowly, Hytera Tells Fed. Circ.

IP Law 360

A Federal Circuit panel questioned Chinese radio maker Hytera on whether the word "or" on its audio output patent was correctly interpreted by an Ohio federal judge, who ruled that Motorola didn't infringe on Hytera's patent covering a way to adjust the sound quality on radio communication devices.

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Patent Filings Roundup: New Litigation-Funded Campaign; PTAB Denies Under NHK-Fintiv Despite Sotera(ish) Stipulation

IP Watchdog

Apologies for missing last week, which was a light, short holiday recap—nothing much of note beyond less-than-average filings, given the holidays. This week was back to the new normal at the Board, with 24 petitions—one post grant review (PGR) and 23 inter partes reviews (IPRs)—and 50 new filings, with fewer than usual file-and-settle suits (as it’s the beginning of a quarter, year, and month).

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Upcoming Webinar! 2021 Trade Secrets & Non-Competes Year in Review

Trading Secrets

What You Need to Know about the Recent Cases and Developments in Trade Secrets, Restrictive Covenants, and Computer Fraud. Thursday, January 27, 2022. 2:00 p.m. to 3:00 p.m. Eastern. 1:00 p.m. to 2:00 p.m. Central. 12:00 p.m. to 1:00 p.m. Mountain. 11:00 a.m. to 12:00 p.m. Pacific. REGISTER HERE. In the first installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will review noteworthy legislation, cases, and other legal developments from across the nation over the last year in

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mRNA IP and Competitive Landscape: 2021 in Review – Part II, Sanofi, Startups, Conclusions and Outlook

IP Watchdog

This article, originally published on 12/27/2021, was updated on 1/12/2022 and republished on 1/13/2022 to include information that was omitted in error, beginning after "Conclusions and Outlook". In Part I of this post, we provided an update on three lead pioneers in the mRNA IP space, Moderna, BioNTech and CureVac. In this post we profile Sanofi, Arcturus, eTheRNA and other mRNA companies and offer conclusions.

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Indefiniteness Does Not Necessarily End PTAB’s Patentability Inquiry

JD Supra Law

On December 28, in Intel Corp. v. Qualcomm Inc., the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) may not decline to consider the patentability of a claim challenged in an inter partes review (IPR) petition simply because it contains a potentially indefinite claim term. Despite lacking the authority to invalidate claims based on indefiniteness, the PTAB must make its own definiteness determinations and further must make a patentability determination on each challenged claim

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Video Editor and Motion Graphics Designer: Creative Hobby to Creative Career

Art Law Journal

Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. If you are a non-professional artist who is eager to turn your artistic talents into a career, you’ve come to the right place. Together, Artrepreneur and Creative Circle have put together this comprehensive article series to support budding artists in the early stages of their art careers.

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New homeowner protection measures in effect

Olartemoure Blog

Colombian Decree 282 of 2019 ´s main purpose is to protect homeowners from all damages they might suffer in case of total or partial property destruction. The Decree imposes new obligations to builders and sellers enforcing the existing statute of repose. The deadline for this protection should be 10 years following the issue of the technical certification of property occupation, and it can be constituted by a trust fund, a bank guarantee, an insurance policy, or other mechanisms.

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Welcome to the new-look IAM platform

IAM Magazine

Redesigned platform launched today allows subscribers to get the most out of our offering, with easy access to up-to-date intelligence, data and insights – plus our deep archive of IP value creation coverage.

IP 52
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Founders Legal promotes Attorney Kevin Bastuba to Vice Chair of the Intellectual Property Team

LexBlog IP

NEWS RELEASE. FOR IMMEDIATE RELEASE. JAN. 13, 2022. Contact: Lauren Hawksworth. Marketing Administrator. 404-592-5182. lhawksworth@founderslegal.com. Founders Legal® promotes Senior Patent Attorney Kevin Bastuba to Vice Chair. Kevin T. Bastuba, Senior Patent Associate. Atlanta, GA – January 13, 2022 – Founders Legal ® , is pleased to announce the promotion of Attorney Kevin Bastuba to Vice-Chair of the Intellectual Property team.

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Welcome to the new-look IAM platform

IAM Magazine

Redesigned platform launched today allows subscribers to get the most out of our offering, with easy access to up-to-date intelligence, data and insights – plus our deep archive of IP value creation coverage.

IP 52
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Canadian Trademarks

LexBlog IP

Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Correspondence from the CIPO, such as office actions, default notices, opposition notices, and non-use cancellation proceedings, is sent directly to the applicant and not the forei

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Herbert Smith Freehills advises JL Mag on HK$4.045 billion IPO in Hong Kong to complete A+H dual listing ???????????????40.45???IPO?????? ?????A+H????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised high-performance rare earth permanent magnets (REPMs) producer JL MAG Rare-Earth Co., Ltd. JL Mag produces high-performance NdFeB rare earth permanent magnets (REPMs), which are used in new energy vehicles and automotive parts, permanent magnetic wind turbine generators, energy-saving variable-frequency air conditioners and other sectors.