Tue.Apr 26, 2022

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3 Count: Not Raising Up

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘You Raise Me Up’ Copyright Fight Rejected by Supreme Court. First off today, Kyle Jahner at Bloomberg reports that the Supreme Court has declined to review a case that pits the 2003 Josh Groban song You Raise Me Up. The lawsuit was filed by Johannsongs-Publishing Ltd, which claimed that the Groban song was a copyright infringement of a 1977 Icelandic song Söknuður.

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BREAKING: Article 17 of the DSM Directive is VALID

The IPKat

Let there be light! Nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is VALID.

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3D Marks Remain a Dubious Subject at the EUIPO

IPilogue

Photo by Brittney Weng ( Unsplash ). Pankhuri Malik is an IPilogue Writer and an LLM Candidate at Osgoode Hall Law School. . EOS Products (“EOS”), the U.S. based proprietor of the egg-shaped lip balms since 2009 , has failed in its attempt to have the shape of its lip balm registered as a three-dimensional (“3D”) trademark before the European Union Intellectual Property Office (“EUIPO”).

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Article 17 of the DSM Directive is valid: an early take on today’s Grand Chamber ruling

The IPKat

Censored. As The IPKat reported earlier today, nearly 3 years after the Republic of Poland lodged its action (C-401/19) against the European Parliament and the Council requesting that the Court of Justice of the European Union (CJEU) annul Article 17 of the DSM Directive – in part or as a whole – due to an alleged conflict with the EU Charter of Fundamental Rights and its Article 11 (freedom of expression and information), this morning the Grand Chamber of the CJEU ruled that Article 17 is compa

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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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IP and Youth – innovating for a better future

Intellectual Property Office Blog

E very year, on the 26 April, World IP Day is celebrated across the globe. Hosted by the World Intellectual Property Organization, it has a new focus each year. The theme for 2022 is ‘Innovation and Youth’. Innovation without limits. The world is an exciting place for young innovators. Our constantly evolving, increasingly eye-opening environment offers a diversity of opportunity for all ages to create and have their content seen on a worldwide scale. .

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Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash. This morning the CJEU delivered its much awaited judgment in Case C-401/19 – Poland v Parliament and Council. In simple terms, the main issue before the Court was the validity of the preventive measures required by Article 17(4) (b) and (c) in fine in light of the right to freedom of expression and information recognized in Article 11 of the Charter; in the alternative, should these provisions not be severable from Article 17 as a whole, the Republic of

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Federal Circuit Signals Appetite for Increased PTAB Discretion in Motions to Amend

IP Watchdog

Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position if the Patent Trial and Appeal Board (PTAB) finds the original claims unpatentable. If successful, despite the unpatentability of the original claims, the patent owner maintains the substitute claims.

Patent 98
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This Year’s World IP Day Celebrates Youth Contributions

IP.com

This April 26th, inventors and businesses the world over will be celebrating World IP Day! It is an occasion that marks both a continued return to normalcy after the first. The post This Year’s World IP Day Celebrates Youth Contributions appeared first on IP.com - IP Innovation and Analytics.

IP 98
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World IP Day 2022 Emphasizes Youth Contributions to IP

IP Watchdog

It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as well as the day that the Convention establishing the World Intellectual Property Organization (WIPO) came into force (April 26, 1970). World IP Day was first observed in 2000 in an effort by WIPO to raise awareness of the importance IP plays in fostering innovation and creativity.

IP 98
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BREAKING: Positive COVID Tests Derail Intel Patent Trial In WDTX

IP Law 360

After multiple positive COVID-19 tests among participants, U.S. District Judge Alan Albright of the Western District of Texas on Tuesday canceled the trial in VLSI's billion-dollar computer chip patent suit against Intel, and said it would be rescheduled later.

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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World IP Day 2022 – With a Side Look at TikTok

Velocity of Content

The theme of WIPO’s World Intellectual Property Day (April 26 th , 2022) this year is “ IP and Youth: Innovating for a Better Future.” That strikes me as certainly a worthy and intriguing topic, but before saying more about why I’m inclined to think so, I think the terms used could probably stand a little unpacking first. WIPO’s encapsulation of the theme of this year’s event: “World Intellectual Property Day 2022 is an opportunity for young people to find out how IP rights can support their goa

IP 98
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Podcast: Copyright & Culture with Terrica Carrington

The Illusion of More

The theme of World IP Day this year is IP and Youth: Innovating for the Future. And one young IP expert trying to shape a better future for the next generation of creators is Terrica Carrington, VP of Legal Policy and Copyright Counsel at Copyright Alliance. With a passion for social justice, Terrica focuses a […]. The post Podcast: Copyright & Culture with Terrica Carrington appeared first on The Illusion of More.

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Novartis Pharms. Corp. v. Accord Healthcare, Inc.

JD Supra Law

Case Name: Novartis Pharms. Corp. v. Accord Healthcare, Inc., No. 2021-1070, 2022 WL 16759 (Fed. Cir. Jan. 3, 2022) (Circuit Judges Moore, Linn, and O’Malley presiding; Opinion by O’Malley, J.; Dissenting Opinion by Moore, J.) (Appeal from D. Del., Jordan, C.J.).

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What is the Logic Behind The Logic’s Demand for Internet Platform Payments?

Michael Geist

The Logic is a Toronto-based news startup that focuses on the innovation economy. Launched in 2018, it has attracted some great reporters with a subscription-based business model that starts at $299 per year. I’ve been a subscriber for several years, dating back to when it began providing extensive coverage of the Waterfront Toronto – Sidewalk smart city project and I was serving as chair of the Waterfront Toronto Digital Strategy Advisory Board.

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Dish Deal Spearheads ITC Case Against Comcast, Others

IP Law 360

A company that sold video-on-demand programming for TVs more than a decade ago and later moved to Texas is using its recent licensing deal with Dish to prop up new claims of patent infringement against Comcast, Charter Communications and Altice at the U.S. International Trade Commission.

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Piracy Giants Zone-Telechargement & Tirexo Mysteriously Shut Down

TorrentFreak

In the early days of file-sharing the demise of a large pirate site or service would mean just that. The shutters would come down and users would migrate to new homes – story over. In more recent times, the situation has become more fluid. The closure of a pirate site often means that identically named or at least similarly presented platforms appear as reincarnations, replacements, or simply the next big thing.

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Roc-A-Fella, GoDigital Drop IP Claims Over Jay-Z Debut Album

IP Law 360

Roc-A-Fella Records has agreed to stop sparring with GoDigital in a copyright suit in New York federal court that targets the media company and one of the label's owners over rights to Jay-Z's debut album.

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Tuesday Wonders

The IPKat

The sun may not be shining in every place, but there are certainly lots of IP events that will make your day and week brighter! Check them out below. A Kat preparing a full report of his naps Events OxFirst - "The Influence of Women in IP: Women and the Unified Patent Court" - 28 April 2022, online OxFirst will host an online event on 28 April 2022 from 4:00pm to 5:00pm CEST to discuss the role and influence women will have in the game-changing Unified Patent Court.

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Thomson Reuters Can't Escape Counterclaims In Westlaw Suit

IP Law 360

Legal research startup Ross Intelligence can pursue counterclaims that Thomson Reuters uses anti-competitive practices to maintain its subsidiary Westlaw's market dominance, although it failed to show that the bigger rival pursued "sham litigation" against it, a Delaware federal judge ruled Tuesday.

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‘Upload Filters’ Don’t Violate Freedom of Expression, EU Top Court Rules

TorrentFreak

In 2019 the European Parliament adopted the new Copyright Directive that aims to modernize how copyright is protected in the online environment. After the directive passed, individual EU member states began working to implement the text into local law. ‘Upload Filters’ This includes the controversial Article 17, which requires online services to license content from copyright holders.

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InfoWars Defends Legitimacy Of Small Business Ch. 11 Filing

IP Law 360

Three companies affiliated with conspiracy promoter Alex Jones are defending the legitimacy of their Texas Chapter 11 bankruptcy filings, saying they are commercial small businesses that play a "critical role" in his overall enterprise.

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Evolution of Process Placement at Toyota – Part 1

Christopher Roser

When setting up a new production – or even when rearranging an existing production – one important decision is how to arrange your processes. I have written a lot on line layout, but this post will look at how the arrangement of lines evolved at Toyota. Some of their insights are now accepted wisdoms in. Read more. The post Evolution of Process Placement at Toyota – Part 1 first appeared on AllAboutLean.com.

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advertiser class certified in case about Meta's overclaiming of "Potential Reach" of ads

43(B)log

DZ Reserve v. Meta Platforms, Inc., 2022 WL 912890, No. 3:18-cv-04978-JD (N.D. Cal. Mar. 29, 2022) The court certified a class of United States residents who paid Meta for placement of advertisements on social media platforms based on Meta’s allegedly inflated claims of ad reach resulting in artificially high prices, resulting in claims for fraudulent misrepresentation and fraudulent concealment (for damages) and under the UCL for injunctive relief.

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Scope of AIA-Trial Director Review

Patently-O

by Dennis Crouch. New USPTO Director Kathi Vidal is working through the details of how to run the AIA-Trial Director Review program. For now, she has promised transparency as the interim process is developed and is seeking public input. Interim Director Review Process (To be updated as changes are made). Status of Director Review Requests. Provide Suggestions Here: Director_Review_Suggestions@uspto.gov.

Patent 65
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Victoria Phillips

Intellectual Property Brief

At WCL, Victoria Phillips is the Director of the Glushko-Samuelson Intellectual Property Law Clinic, a founder of the Program on Information Justice and Intellectual Property,

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Marking and Pre-Suit Damages: What Happens when a Failure to Mark Is Followed by a Period of Compliance with the Marking Statute?

Fish & Richardson Trademark & Copyright Thoughts

A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there was another period of non-compliance? This issue may arise when a non-practicing entity (NPE) purchases a patent that was previously owned by an operating company (or licensee) that practiced the patent but did not mark.

Patent 52
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DABUS Exited with Fatal Exception: Human Agency Required in Development of an Invention

LexBlog IP

In a decision handed down on 13 April 2022, a panel of five judges of the Federal Court of Australia (‘Full Court’) overturned last year’s controversial ruling by Justice Jonathan Beach , determining that the (alleged) ‘AI inventor’ DABUS cannot be named as an inventor for the purposes of applying for a patent in Australia, and that the law requires the inventor to be a natural person or persons: Commissioner of Patents v Thaler [2022] FCAFC 62 (‘ Thaler FC &#

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Plötzlich Parteisympathisant: Fotos im modernen Meinungskampf

JD Supra Law

Bilder für politische Werbung: Datenschutzrecht, Persönlichkeitsrecht, Urheberrecht – Politische Parteien können sich einer Vielzahl von Ansprüchen ausgesetzt sehen, wenn sie Fotos verwenden, ohne die Rechte hinreichend geklärt zu haben. Beim Bespielen der Social-Media-Kanäle im Superwahljahr 2021, kann man als Partei schnell die Grenzen des Zulässigen überschreiten.

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Analysis of a Great Trademark: Novle Community Activators.

LexBlog IP

How to build a great trademark? Novle, Community Activators can show many businesses how to create a brand that can be protectable, becoming a superb trademark. What is Novle? Novle, Community Activators™ is a firm beyond traditional marketing services. Carlos Velasco is its founder and CEO. Novle seeks to connect businesses and organizations with the community creating meaningful and long-lasting relationships.

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Can you file a design patent to protect from infringement?

Patent Trademark Blog

Can filing a design patent protect you from infringement? It depends. Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle. You can own a patent and still infringe someone else’s patent.

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Samsung Biologics Completes Full Acquisition of Samsung Bioepis

LexBlog IP

In January 2022, Biogen Inc. announced it had reached an agreement to sell its equity stake in the Samsung Bioepis joint venture to partner Samsung Biologics. On April 20, 2022, Samsung Biologics and Biogen announced that Samsung Biologics has now fully acquired Samsung Bioepis for a total consideration of USD $2.3 billion. With the completion of the first payment of USD $1.0 billion pursuant to the terms of the acquisition agreement, Samsung Biologics has now fully acquired Samsung Bioepis as a

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World IP Day – A Day To Celebrate Youth-Led Creativity

IP Intelligence

World Intellectual Property Day is again upon us. While last year’s theme focused on IP for small businesses , the focus this year is on celebrating youth-led innovation and creativity. With the increased consumption of media and the ease of creating and publishing content on various social media platforms, the time couldn’t be better for such a celebration.

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Interesting Patents | April 26, 2022

LexBlog IP

Interesting Patents. TUESDAY, APRIL 26, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

Patent 52
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Alcon Wins Bid To Nix J&J's UK Laser Eye Surgery Patents

IP Law 360

A judge tossed out two patents for laser eye surgery technique owned by a Johnson & Johnson subsidiary on Tuesday, saying the methods would have been obvious to anyone skilled in ophthalmology.

Patent 52
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Trade Secrets Not So Secret: Conventional Technique, New Application

LexBlog IP

Use of an algorithm disclosed in a textbook in a different field may warrant trade secret protection according to a recent Federal Circuit decision in Masimo Corp. v. True Wearables, Inc. , No. 2021-2146, 2022 WL 205485 (Fed. Cir. Jan. 24, 2022). In this case, the Federal Circuit upheld a preliminary injunction to prevent an optimization algorithm from being released even though the defendants presented that the equivalent of the algorithm had been published in a conference paper cited more than