Thu.May 12, 2022

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NIH Makes Deal with WHO to Share Key COVID Technologies

IP Watchdog

The United States National Institutes of Health (NIH) signed a deal today with the World Health Organization’s COVID-19 Technology Access Pool (C-TAP) and the Medicines Patent Pool (MPP) that allows manufacturers greater access to key COVID-19 technologies owned by NIH. The licensing agreement offers 11 technologies under transparent, global and non-exclusive licenses.

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Big Candy and Big Food Companies Ask Congress To Intervene on Illicit Cannabis Packaging

Greenspoon Marder LLP

By: Justin McNaughton and David Standa Last year, Congress began working on new legislation to combat the amount of counterfeit goods being sold through e-commerce sites. The so-called SHOP SAFE Act would impose responsibility on online retailers for establishing certain validation requirements for sellers, the penalty being holding e-commerce sites responsible for counterfeiting occurring on their sites.

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Trending Sources

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Which Fruits are Off-Limits?

IPilogue

Photo by Pineapple Supply Co. ( Unsplash ). Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple?

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Section 230 Protects Retweeting–Banaian v. Bascom

Technology & Marketing Law Blog

[I’m forestalling more analysis of the Texas social media censorship law until we get some clarity on what happened and what’s next.]. A student hacked the school website and added scandalous content about a teacher, Debbie Banaian, a/k/a “ Banaianator.” [Aside: who still does this? I’ve been blogging similar stories since I started blogging, and the practice of spoofing teachers online was already stale then].

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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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Keeping the Bill C-11 Implementation Secret, Regulating User Content, and Citing Non-Existent Benefits: Some Reflections on the House of Commons Online Streaming Act Debate

Michael Geist

The Online Streaming Act (Bill C-11) was the subject of hours of debate yesterday in the House of Commons as the government presses to get the bill out of second reading and onto committee for hearings and further study. Setting aside the claims of “censorship” on one side and “you don’t care about creators” on the other, there were some notable takeaways from the debate, including the government digging in on keeping the policy direction to the CRTC secret, acknowl

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Patent Filings Roundup: FintivDenials Over WD of TX, ITC Schedules; Vector Capital-Funded Semi Campaign Hits an IPR Wall

IP Watchdog

This week saw 60 district court patent complaints, 76 terminations, 26 Patent Trial and Appeal Board (PTAB) petitions (some post grant reviews [PGRs] in there), and two new Fintiv denials—one PGR and one inter partes review (IPR). Gesture Technology had a handful of IPRs instituted against its asserted portfolio; lots of dismissals from relatively high-profile semiconductor cases suggest either a group or cheap RPX settlement; and a number of older assertion campaigns seemed to wrap up with term

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Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?

The IP Law Blog

Last month, HBO released its new drama series Winning Time : The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the Los Angeles Lakers dislikes the way he is portrayed in the HBO series Winning Time is an understatement.

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Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?

LexBlog IP

Last month, HBO released its new drama series Winning Time : The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman. To say that Jerry West, the former head coach and GM of the Los Angeles Lakers dislikes the way he is portrayed in the HBO series Winning Time is an understatement.

Privacy 98
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Comedy Group's 'Grease' Parody Is Deemed Fair Use

IP Law 360

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

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Are You Using These Powerful Patent Search Techniques?

IP.com

We all know that patent and non-patent literature are powerful sources of data that can lead to your company’s next big idea. However, uncovering the insights that move your business. The post Are You Using These Powerful Patent Search Techniques? appeared first on IP.com - IP Innovation and Analytics.

Patent 98
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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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[Event] 20th Advanced Summit on Life Sciences Patents - June 2nd - 3rd, New York, NY

JD Supra Law

ACI’s Advanced Summit on Life Sciences Patents is back in person on June 2–3 in New York City. Our reimagined 2022 conference will provide practical insights on how to implement bullet-proof patent prosecution tactics, maximize patent life cycles and develop strategies to enhance protections for your patent portfolio.

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How Collaboration Makes for Innovation

Velocity of Content

In the accelerating transition to Open Access, The Microbiology Society has concentrated great attention on making strides to streamline author workflow from submission and review to publication. This effort has led us to forge various transformative agreements with our institutional partners as well as to break down internal silos – with production, editorial, and sales working together more closely than ever.

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The “Big Bang” For Sequence Listings: New Requirements In Place July 1, 2022

JD Supra Law

Life sciences patent applications often contain DNA, RNA, and amino acid sequences in the specification, claims, or figures that are required to be provided in the form of a sequence listing. The inclusion of sequences in patent applications are compulsory to satisfy patent office requirements for the written descriptions and disclosures that are necessary to obtain a patent for biologic products.

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New Legislation Gives Telecoms Regulator Major Powers to Fight Piracy

TorrentFreak

Laws that attempt to deter copyright infringement by punishing pirate site operators exist in most developed countries around the world. Entities such as the Alliance for Creativity and Entertainment use them to take hundreds of sites and services offline, either through direct legal action or simply using the threat of it. But this is just one aspect of content protection and when pirates refuse to take their operations offline, additional tools can come into play.

IP 90
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CVC Files Reply to Senior Party Sigma-Aldrich's Opposition to CVC's Substantive Preliminary Motion No. 3 in Interference No. 106,132

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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Infographic | Audiovisual Piracy Takedown

Olartemoure Blog

La entrada Infographic | Audiovisual Piracy Takedown se publicĂł primero en OlarteMoure | Intellectual Property.

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Writing NFT Trademark Applications That Protect Brands

IP Law 360

As nonfungible tokens soar in popularity and courts grapple with whether and how to protect these brands, the U.S. Patent and Trademark Office is beginning to establish helpful precedent on trademark applications associated with NFTs, clarifying best trademark-filing practices, say Thomas Brooke and Rodrigo Javier Velasco at Holland & Knight.

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[Video] JONES DAY PRESENTS®: Nonfungible Tokens and the Gamification of Markets

JD Supra Law

Nonfungible tokens, or NFTs, continue to grow in popularity as investors, artists, content developers, and other interested parties uncover new applications and opportunities. Jones Day partner Mark Rasmussen explains how NFTs work and describes some of the possible uses for this new technology.

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IP Forecast: 9th Circ. To Hear A Tale Of Two Punchbowls

IP Law 360

The operator of a newsletter called Punchbowl News that was started by former Politico reporters will head to the Ninth Circuit next week to defend its trademark win against a similarly named online invitations business. Here's a look at that case — plus all the other major intellectual property matters facing the courts in the coming week.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Temperatures are rising, and rumour has it that the best way to cool off a bit is by catching up with the latests articles from the IPKat from the past few weeks. GuestKat Jan Jacobi took the fast lane and commented on the recent Dutch Supreme Court decision involving a famous Formula One racer and a potential infringement of his image rights through use of a look-a-like.

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Tips For Evaluating Machine Learning For Contracts Review

IP Law 360

Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

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"The usual California claims"

43(B)log

A constant reader asked for this and now I will try to link to it when I use the phrase. California has three statutes that consumer plaintiffs often use (along with warranty claims, which I will not discuss here). They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences.

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3 Takeaways As China Rolls Out Its Version Of ANDA Disputes

IP Law 360

A year after China launched a system for generic-drug patent disputes modeled on the U.S. Hatch-Waxman Act, the first decisions have come down. Here are the key things to know about the outcomes, including the rapid pace and early wins for generics makers against Roche and Purdue.

Patent 75
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Give Your Artist Brand Some Personality

Art Law Journal

Want to be a successful creative professional? Stellar work is part of the equation but so is building your artist brand. Evolving your craft into a business requires finding the right way to leverage your unique artistic voice. Your personality can be a powerful differentiator and will help you build your artist brand as you make connections, grow your network, and establish your client base.

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Feds Urge Justices To Throw Out Appeal In Winch IP Fight

IP Law 360

The U.S. Department of Justice says that the U.S. Supreme Court should reject an engineer's appeal of a Federal Circuit ruling that axed his ??$1.8 million jury win against a theatrical winch maker.

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Legal confusion on essentially derived varieties must be cleared up for the sake of innovation

IAM Magazine

As gene editing techniques come to the fore in the UK and elsewhere, Joel Smith of Hogan Lovells argues that industry needs clarity on the breeder's exception to plant variety rights.

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TGIF: Why Juries Love To Start The Weekend With A Verdict

IP Law 360

"TGIF" means something different in trial courts: That jury might finally make up its mind. Here, Law360 takes a look at the phenomenon of the Friday afternoon verdict and why it seemingly happens so often.

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Here's what Kathi Vidal should do about the PTAB’s “IPR troll” problem

IAM Magazine

After Senators Thom Tillis and Mazie Hirono wrote to the new USPTO director about alleged abuse of the IPR system, PTAB attorneys Kevin Laurence and Scott McKeown opine on actions the PTO must take to curb bad behaviour.

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Patent Litigation Masters in May

LexBlog IP

CLE This Month. For those seeking some quality CLE this month, consider the second annual Patent Litigation Masters™ 2022 program, presented by IPWatchdog® this coming May 23rd-24th. The program is offered live at the Hyatt Regency (Dulles Airport). The two-day agenda offers a number of compelling topics, and as usual with the Watchdog Masters Programs, a stellar lineup of speakers.

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Albright Ships Apple Motion-Tracking Patent Fight To Calif.

IP Law 360

U.S. District Judge Alan Albright has shipped a patent suit in Texas federal court challenging Apple Inc.'s motion-tracking technology to California, finding that California provides easier access to evidence and witnesses.

Patent 52
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Is Artist's Permission Required to Reproduce Artwork in Exhibition Catalog?

Dear Rich IP Blog

Dear Rich: As the representative of a particular (living) artist, I was recently contacted by the organizer of an exhibition in which original art pieces owned by various collectors will be on display -- including my client's art. Photos of the art will be included in an exhibition catalog that will be made available for sale to patrons of the exhibit.

Artwork 52
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Henlius and Eurofarma Entered into a License Agreement for Henlius’ 3 Products in Latin America

LexBlog IP

Shanghai Henlius Biotech, Inc. (“Henlius”) announced this week that it has entered into a license and collaboration agreement with Eurofarma Laboratórios SA (“Eurofarma”), a Brazilian multinational biopharmaceutical company, for the development, manufacturing and commercialization of three biosimilar products in 16 Latin American countries.

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Pfizer Files Lawsuit in Australia to Halt Sales of BRENZYS (etanercept)

JD Supra Law

Last week Pfizer filed a lawsuit in a federal court of Australia against respondents Samsung Bioepis, Merck, Sharp & Dohme, Organon, and Arrow, to halt sales of their biosimilar BRENZYS (etanercept). Pfizer alleges that the respondents infringe Australian Patent No. 2005280034, titled “Production of polypeptides,” with claims directed to cell culture methods.

Patent 52
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$2B Jury Verdict in Trade Secrets Suit

LexBlog IP

Earlier this week, a Virginia jury awarded software company Appian Corp. more than $2 billion in damages after finding that competitor software company Pegasystems Inc. had misappropriated its trade secrets. The complaint alleged that Pegasystems engaged in corporate espionage and trade secrets theft in an effort to better compete with Appian. Pegasystems hired Youyong Zou, an employee of a government contractor and former developer for Appian.

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Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights

JD Supra Law

On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics company access to publicly available profiles.

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