Mon.Jul 12, 2021

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3 Count: Database Audit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Oracle Sues NEC Over Alleged Software Contract, Copyright Violations. First off today, Blake Brittain at Reuters reports that Oracle American has filed a lawsuit against NEC Corp alleging that NEC is using Oracle software, namely its biometric identification system, in a way that exceeds the terms of their license.

Licensing 246
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Anatomy of a brand style guide

Erik K Pelton

We recently revisiting our own branding here at Erik M. Pelton & Associates and undertook the exercise to create Style Guide & Brand Guidelines. As you can see below, the guide summarize our core brand elements – logos, names, slogans – and how to use them – symbols, color specifications, and more. The goal is to make sure everyone – staff, contractors, and more – are on the same page so that all of our branding and marketing and materials are cohesive and t

Branding 130
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The Fairest of Them All: Justice Abella’s Legacy in Canadian Copyright Law

IPilogue

Photo Credits: Philippe Landreville, Supreme Court of Canada Collection. Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . May 21 was a historic day for copyright fanatics around the country. Not only did the Supreme Court of Canada hear the much-anticipated York University v Access Copyright appeal, an important case on the nature of copyright collective licensing and educational fair dealing, but it was also the Honourable Rosali

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‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Technology & Marketing Law Blog

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law. The court meanders through the allegations in the complaint, noting that “the precise nature of plaintiffs’ claims lack clarity.

Privacy 104
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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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Ontario Ministry Of Government And Consumer Services Launches Consultation On Modernizing Ontario’s Privacy Protection Framework

IPilogue

This article was previously posted on E-TIPS For Deeth Williams Wall LLP on July 6 2021. . M. Imtiaz Karamat is an IP Osgoode Alumnus and Licensed Lawyer in Ontario. On June 17, 2021, the Ontario Ministry of Government and Consumer Services (MGCS) announced the launch of public consultation on the MGCS’ white paper, which outlines proposals for reforming Ontario’s privacy protection framework. .

Privacy 106
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Assignor Estoppel is Alive and Well after Minerva v. Hologic

JD Supra Law

The Supreme Court clarified the doctrine of assignor estoppel in its June 29th Minerva v. Hologic opinion. In doing so, the Court vacated the Federal Circuit’s opinion estopping Minerva from arguing that Hologic’s patent is invalid. The technology underlying this case arose in the 1990’s when Csaba Truckai, now CEO of Minerva, invented a device for treating abnormal uterine bleeding that relied upon a moisture-permeable applicator head to destroy certain targeted cells in the uterine lining.

Invention 102

More Trending

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[Video] The Rise of Mobile Gaming and Esports Gambling With Guest Anthony Gaud of G3 Esports

JD Supra Law

In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice talks about mobile gaming and esports gambling with colleague Mark Simpson, also in the firm’s Video Gaming and Esports Practice, and guest Anthony Gaud of G3 Esports. They discuss the increased appetite for mobile games, particularly in Southeast Asia, the protection of software through patents, and the future of patent litigation in the mobile gaming space.

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Another week, another mandamus

Patently-O

by Dennis Crouch. In re Uber Technologies, Inc. ( Fed. Cir. 2021 ). Another week, another mandamus. This case is parallel to In re Samsung discussed earlier where Ikorongo divided its patent rights between Ikorongo-Texas (right to enforce in W.D.Tex.) and Ikorongo-Tech (right to enforce elsewhere in USA). In Samsung , the appellate court rejected this brazen attempt to manipulate venue.

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Manufacturing Products with a US Licensee: Key Considerations for Emerging Businesses

JD Supra Law

In the early stages of doing business, emerging businesses often use a distributor to introduce a product to the US market without a full sales force. This requires a solid distribution agreement. As your business expands, manufacturing your products locally is often a key element of long-term growth strategy. Business owners are not always ready to acquire a US manufacturing facility at the start.

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Sacha Baron Cohen Sues For Use of “Borat” on Cannabis Billboard

Copyright Lately

The actor, who claims he’s never used cannabis in his life, objects to Solar Therapeutics’ unpermitted use of both the copyrighted Borat character and his own likeness. Coming on the heels of Stuttering John’s unsuccessful claim against SiriusXM , here’s a new copyright/right of publicity combo lawsuit that ( like Borat himself ) should actually have decent legs.

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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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TTABlog Article: "Decisions of the Federal Circuit and the Trademark Trial and Appeal Board on Registrability Issues July 2020 to June 2021"

The TTABlog

Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB. Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months. The CAFC issued four precedential opinions, an important decision on the registrability of color packaging ( Forney ), a mundane Section 2(d) case ( QuikTrip ), and two involving what us

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1-800 Contacts Can See Clearly Now: FTC Antitrust Decision Overturned

JD Supra Law

The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that online contact lens retailer 1-800 Contacts violated the antitrust laws by aggressively enforcing its trademark rights through a series of settlements barring competitors from buying specified keywords for search engine advertising.

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Duties of DNS resolvers and CDN providers – the CoA Cologne (Germany) finds Cloudflare accountable

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay. According to a recent Oberlandesgericht (Court of Appeal – CoA) Cologne ruling, providers of DNS resolvers may be held accountable to DNS block domain names used by websites which run an illegal business model dedicated to copyright infringements. Additionally, providers of content delivery networks (CDNs) have a duty to stop their services for such rogue websites.

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[Audio] Teeming with Teaming Agreements: Navigating Strategic Alliances in the Federal Marketplace

JD Supra Law

In the always competitive federal marketplace, teaming agreements, joint ventures, subcontracts, and other strategic alliances can not only give participant companies an edge, but also enhance the value delivered to the government. At the same time, these arrangements are not without risk. Wiley partners Dan Hassett and Tara Ward will examine a variety of strategic alliances available to government contractors and their partners; the specific documents, rules, regulations, and case law that.

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Biden Administration executive order makes Europe even more important for SEP owners

IAM Magazine

White House confirms widely expected u-turn on US governmemt approach to FRAND-related issues in a move that will have little domestic impact but could be a big deal internationally.

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[Audio] Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

JD Supra Law

In this week's podcast of The Briefing from the IP Law Blog, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week's episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol's renditions were not transformative enough to be fair

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Make It, Don’t Fake It

Velocity of Content

From entrepreneurs to entertainers, the ironclad rule for business achievement has long been faking it until you’re making it. In a new book that is part memoir and part business playbook, Sabrina Horn turns the adage upside down. “Make it, don’t fake it,” Horn counsels. A guide to authenticity in communications, Horn’s book lays out the “Spectrum of Lies,” from “Useful and Harmless” to “Gaslighting,” then builds a case for getting your story straight and sticking to it.

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Your Patent Has Been Challenged in an IPR; Now What?

JD Supra Law

Don’t Panic - Facing an inter partes review (IPR) challenge is a new experience for many patent owners, even though IPRs have quickly become a preferred avenue for accused infringers and other interested parties to challenge the validity of an issued patent since their creation by Congress in 2011. In most cases, a patent owner should not be surprised when they receive a petition for IPR, since approximately 87% of patents challenged in IPRs are involved in copending litigation.

Patent 55
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What is the “Supplemental Trademark Register”?

LexBlog IP

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. On the other hand, the other register at the United States Patent and Trademark Office (USPTO) is the Principal Register. This article will compare each register, and explain the usefulness of each.

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Watch Communications Sues Ex-Employees for Alleged Trade Secret Misappropriation

Indiana Intellectual Property Law

Indianapolis, Indiana – Apparently, W.A.T.C.H TV Company d/b/a Watch Communications (“Watch”), the Plaintiff, is in the business of providing broadband Internet access to consumers and enterprise customers in Ohio, Indiana, Illinois, and Kentucky. Defendant, Greg Jarman (“Jarman”), was allegedly an employee of Watch beginning in February 2014. According to the Complaint, Jarman was then elected to the positions of Vice President of Operations and Chief Operating Officer in March 2018.

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Irish Credit Bureau fine offers insight into the DPC’s use of its corrective powers

LexBlog IP

The Data Protection Commission ( DPC ) recently published its decision following a formal inquiry into the Irish Credit Bureau DAC (the ICB ) following the ICB’s notification to the DPC of a personal data breach on the 31 August 2018. The ICB is a credit reference agency that maintains a database on the performance of credit agreements between financial institutions and borrowers.

Designs 52
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Those who are not with us today

Likelihood of Confusion

CNN has a nice piece on “Brands We Loved and Lost in 2009.” Okay, we didn’t really “love” Home Depot’s Expo design centers and we never quite could let down. The post Those who are not with us today appeared first on LIKELIHOOD OF CONFUSION™.

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President Biden Issues Executive Order Encouraging the FTC to Consider Curtailing the Use of “Unfair” Non-Competes, but Without Providing any Additional Guidance or Details

LexBlog IP

On Friday, July 9, 2021, the Biden Administration released its executive order on “Promoting Competition in the American Economy.” We previously wrote about the forthcoming order and predicted that the executive order’s treatment of non-compete provisions would be a general call to rulemaking versus a more authoritative or immediate directive to the FTC.

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President Biden Issues Executive Order Encouraging the FTC to Consider Curtailing the Use of “Unfair” Non-Competes, but Without Providing any Additional Guidance or Details

Trading Secrets

On Friday, July 9, 2021, the Biden Administration released its executive order on “Promoting Competition in the American Economy.” We previously wrote about the forthcoming order and predicted that the executive order’s treatment of non-compete provisions would be a general call to rulemaking versus a more authoritative or immediate directive to the FTC.

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Federal Circuit Affirms Invalidity of Nanopore Sequencing Patents for Failing to Enable, and Affirms Denial of New Trial on the Basis of Defendant’s Allegedly Prejudicial Remarks Regarding the COVID-19 Crisis

JD Supra Law

On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware’s judgment that patents belonging to Pacific Biosciences of California (“PacBio”) were invalid for lack of enablement under 35 U.S.C. § 112. A Delaware jury had found that defendant Oxford Nanopore Technologies (“Oxford”) infringed PacBio’s patents, but that those patents were invalid for lack of enablement; the district court then denied PacBio’s motion for judgment as a matter of law and a new trial on enablement.

Patent 52
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Patent Assignor Estoppel and Cancellation of Trademark Registrations Under Section 14(3)

CoCal IP Law Institute

Patent Assignor Estoppel and Cancellation of Trademark Registrations Under Section 14(3) Our weekly SoCal IP Institute meeting on Monday, July 19, 2021 will be a discussion of a Supreme Court case finding patent assignor estoppel may not apply when there are post-assignment amendments to claims and a TTAB case ordering cancellation of registrations under Section [.].

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CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

JD Supra Law

On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 2 in Interference No. 106,127 to be accorded benefit of priority to U.S. provisional application No. 13/842,859, filed March 15, 2013, pursuant to 37 C.F.R. §§ 41.121(a)(2) and 41.208(a)(3) and Standing Order ¶ 208.4.1.

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Tencent appoints IP industry veteran to top policy role

IAM Magazine

Obama administration IP czar Danny Marti takes up senior position with the Chinese tech and media powerhouse.

IP 52
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Timing is Everything: Accused Infringer’s IPR Victory Estops Its Own Prior Art Invalidity Defenses, but Does Not Estop Plaintiff from Asserting Infringement

JD Supra Law

Inter partes review (IPR) proceedings can give rise to statutory and collateral estoppel. But these two bases for estoppel attach at different times, which can lead to asymmetrical outcomes in related district court proceedings. One such situation arose in a recent pre-trial ruling in the District of Delaware, where a plaintiff was permitted to continue asserting patent claims that were found unpatentable in an IPR while the defendant was prevented from asserting prior art to defend itself at.

Art 52
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How to secure AI patents in Europe

IAM Magazine

Co-published - The EPO is ready and waiting for applications relating to artifical intelligence, but that doesn’t mean it will make the path to getting protection an easy one.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - False and Misleading Advertising, Label Review

JD Supra Law

Are you interested in learning the best way to advertise and promote your product and services in the competitive marketplace? On the latest episode of Trending Now - An IP Podcast, Ed White and Rob Van Arnam discuss how best to advertise and promote your products and services and what you should consider under federal and state laws when labeling products to ensure that you reach consumers in an effective and lawful way.

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Biden Administration executive order makes Europe even more important for SEP owners

IAM Magazine

White House confirms widely expected u-turn on US governmemt approach to FRAND-related issues in a move that will have little domestic impact but could be a big deal internationally.

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Key Practice Takeaways for Recent Developments in China, the United Kingdom, and Mexico

JD Supra Law

A global pandemic isn’t the only major event that has impacted the practice of trademark law over the last year. For brand owners already reeling from workplace and business changes brought about by the crisis, there are also substantial law changes that impact their global trademark portfolios. This article offers takeaways for best practices in China now that the dust has started to settle on its monumental law changes over the last few years, as well as the key elements and practical.

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Dr. Seuss Enterprises and the U.S.S. Enterprise

BYU Copyright Blog

Since we last reported on this case (in May of 2020), the Court of Appeals for the Ninth Circuit has issued its opinion on the matter, concluding that ComicMix, LLC ("ComicMix") cannot successfully claim a fair use defense against claims of copyright infringement by Dr. Seuss Enterprises ("Seuss"). The dispute arose after ComicMix created, secured crowd-funding for, and received a publishing offer for a mashup book titled Oh, the Places You'll Boldly Go!

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German Federal Constitutional Court paves the way for the UPC

JD Supra Law

As an international treaty the Agreement on a Unified Patent Court (UPCA) provides for the establishment of the Unified Patent Court (UPC). As a joint Court of the Contracting Member States, the UPC shall have its own legal personality. The UPC is supposed to obtain exclusive competence for an extensive catalog of dispute matters regarding European and Unitary Patents in each Contracting Member State.