Tue.May 17, 2022

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3 Count: Extra Element

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. First off today, Thomas Claburn at The Register reports that the Software Freedom Conservancy (SFC) has won a key victory over Vizio as a judge has ruled that the open source GPL and LGPL licenses are not just copyright licenses, but contain an extra element covered by contract law rather than copyright law.

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Update on Trademark Backlog at the USPTO

Erik K Pelton

Increased delays and backlogs can be expected when filing for a new trademark application and dealing with the USPTO. Erik explains more about the ramifications in this episode. For more on the long and winding road to trademark registration, see [link]. The post Update on Trademark Backlog at the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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DeivanArt Expanding System for Detecting Copied Images

Plagiarism Today

DeviantArt has announced that it is expanding its DeviantArt Protect service , making it available to all artists, not just those that use DeviantArt to share their work. Dubbed DeviantArt Protect and Launched in July 2021 , the system was originally designed to help artists detect duplicates or near-duplicates of their images on the internet. The system would scan the internet for potential infringements, inform artists of any that are detected, and allow the artist to file takedown notices of

Copying 207
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Is it Illegal to Use Pirate Streaming Sites?

TorrentFreak

There are many options for people to enjoy movies and TV shows legally but millions still choose to pirate content instead. Up until a decade ago, this piracy landscape was dominated by torrent sites and direct download portals. Today, the vast majority of pirates use streaming sites. The entertainment industries have swiftly adapted to this shift. At the moment, most anti-piracy initiatives are streaming-related, spearheaded by the Alliance of Creativity and Entertainment (ACE).

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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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Young People Know that Intellectual Property Exists but Lack Insight in How IP Rights Work

IP Close Up

Most students and recent graduates in affluent Singapore are similar to their contemporaries in other developed economies: They know intellectual property rights exist but are Continue reading.

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CAFC Dismisses Appeal of PTAB Determination Because it Partially Involved Time-Bar

IP Watchdog

On May 13, the United States Court of Appeals for the Federal Circuit dismissed Bennett Regulator Guards, Inc.’s (Bennett) challenge of a Patent Trial and Appeal Board (PTAB) decision to vacate the institution of an inter partes review (IPR), citing a lack of jurisdiction, since the PTAB’s decision was based in part on its reconsideration of whether the petitioner was time barred from petitioning for IPR under 35 U.S.C. § 315(b).

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More Trending

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The Secret’s Out: US Court dismisses Protégé Biomedical’s Trade Secret Lawsuit Again

IPilogue

Meena Alnajar is an IPilogue Senior Editor, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. It may be no secret that trade secrets contribute to a business’ economic value and confer a ‘competitive edge.’ However, when that secret is lost by insiders who had a duty of confidence, how can the law step in to help? On April 4, 2022 , biomedical company Protégé Biomedical LLC (“Protégé”) received no recourse or remedy for a revealed trade secret.

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Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Building a local video library from unlicensed sources has its attractions. Even if we leave cost out of the equation, these copies come in convenient formats that will play on any device, play over a network, and can be organized to create a Netflix-type experience using legal tools such as Plex.

Copying 114
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Hyatt Returns to SCOTUS with Request to Clarify Standard for Summary Judgment, APA Scope of Review Provisions

IP Watchdog

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U.S. Patent and Trademark Office (USPTO), has petitioned the U.S. Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents.

Inventor 115
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Illumination Zone: Ralph Losey sits down with Kaylee & Mary

JD Supra Law

EDRM Global Podcast Network’s Illumination Zone: Ralph Losey, partner at Losey Law sits down with Kaylee & Mary to talk about his new firm, and his return to blogging. Ralph, an EDRM Global Advisory Council leader, contributed his first post to EDRM's blog syndicated by JD Supra on eDiscovery issues in a Seinfeld copyright case with Judge Nathan.

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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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Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations

IP Watchdog

On May 9, a comment signed by a coalition of 25 law professors, economists and former U.S. government officials, and co-written by Adam Mossoff, Law Professor at George Mason University’s Antonin Scalia Law School, and Jonathan Barnett, the Torrey H. Webb Professor of Law at the University of Southern California’s Gould School of Law, was submitted to the European Commission as a response to the EU governing body’s call for evidence on standard-essential patents.

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Samsung Says Patent Pool Owes $11.7M In Royalties

IP Law 360

Patent pool MPEG LA skipped out on more than $11 million in royalty payments to Samsung for video compressing patents as a way of punishing the electronics giant for leaving the pool in early 2020, according to a breach of contract suit filed in New York state court.

Patent 98
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CVC Files Reply to Sigma-Aldrich Opposition to CVC's Responsive Motion No. 1

JD Supra Law

Pursuant to the Patent Trial and Appeal Board Order issued November 29, 2021, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") on December 17, 2021 filed its Responsive Preliminary Motion No. 1 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Board for benefit of priority to U.S.

Patent 98
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Samsung’s “retaliatory” trade secret accusations against former IP chief reveal weak patent defence, court filing says

IAM Magazine

Seungho Ahn and another ex-Samsung lawyer, who are advising an NPE campaign against their former employer, say any dispute over trade secrets belongs in a Korean court, not a Texan one.

IP 98
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Legal Protection for the Software Arts — Part 7

JD Supra Law

One of the other protections available for software that is collateral to copyright is codified in the Digital Millennium Copyright Act (DMCA). The DCMA prohibits third parties from circumventing technological measures the owner uses to prevent unauthorized access to its copyrighted software.

Art 97
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Leading from the heart: How Freshworks’ CEO built a global tech unicorn

McKinsey Operations

Girish Mathrubootham, CEO of the India-born, US-headquartered software-as-a-service start-up believes that this is the decade for India as a product nation.

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Digging Into the Government’s Online News Act Claims, Part Two: This is “Minimal Market Intervention”?!

Michael Geist

The government has started its defence of Bill C-18 , the Online News Act, in the House of Commons with claims that it simply requires compensation for use of news content and adopts a “minimal market intervention” approach. My post yesterday focused on the use claims and this post digs into the bill to see just how minimalist it is. Canadian Heritage Minister Pablo Rodriguez promoted the bill as a market-oriented approach on the day the bill was tabled, leading to an interview with

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The Problem of Industry 4.0: Data! – Part 2

Christopher Roser

In my last post I started to look at the difficulties of handling data in Industry 4.0. I looked especially at the complexity and the often underestimated problem of merging data from different sources or machines. This second post of this two-post series finishes up this topic and will look at the also important and. Read more. The post The Problem of Industry 4.0: Data!

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Trying to boost corporate travel sales? Five questions for airline executives

McKinsey Operations

As airlines try to hasten the recovery of the highly profitable business travel segment, they should steer clear of five common sales pitfalls.

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Infographic | Lack of protection within the digital economy

Olartemoure Blog

La entrada Infographic | Lack of protection within the digital economy se publicó primero en OlarteMoure | Intellectual Property.

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Turning back the clock for a restoration request (J 14/21)

The IPKat

The decision of the Board of Appeal in J 14/21 is yet another example of an applicant losing their European application due to a lack of due care by a non-EP representative. In this case, the US attorney responsible for filing the PCT application failed to take account of the stringent "all due care" requirement for the restoration of the right to claim priority.

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Suit Over Fallen Cheese Art Settled With Border Wall Builders

IP Law 360

Two contractors for the federal government's wall along the U.S.-Mexico border have reached a settlement with an artist accusing them of intentionally demolishing his art project crafted from cheese just yards away on private property, the parties told a California federal judge Monday.

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Building a “digital operating rhythm” with OKR software

McKinsey Operations

As the pandemic has fueled the growth of remote work and the pace of strategic planning, more companies are looking for greater transparency around goals and execution. Deidre Paknad, the co-founder and CEO of Workboard, is growing a business that provides just that.

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NFT Wallet Co. Says Execs Swiped Secrets For Rival Apps

IP Law 360

Nonfungible token wallet company Banq Inc. has slammed a trio of former top executives with a trade secrets suit in Nevada federal court, contending that they stole confidential data and company assets before leaving to launch two rival NFT platforms.

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TTABlog Test: Is "DIGITAL VISUAL OBSERVER" Merely Descriptive of Drone Managing and Tracking Software?

The TTABlog

The USPTO refused registration of the proposed mark DIGITAL VISUAL OBSERVER for software and hardware for managing, controlling, and tracking drones, including collision avoidance and object detection, finding the mark merely descriptive of the goods and services. Examining Attorney Megan Mischler contended that the mark describes features of the goods and services that perform the functions of a person who is a member of a drone crew tasked with visually monitoring a drone in flight.

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IP Attorney Reunites With Colleagues At CRK In Philly

IP Law 360

An intellectual property attorney specializing in patent law has left BakerHostetler LLP's Philadelphia office after eight years to reunite with his former colleagues at boutique firm Condo Roccia Koptiw LLP.

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Expand diversity among your suppliers—and add value to your organization

McKinsey Operations

Companies can unlock more value in their supplier diversity programs by including higher-growth sectors and promoting diversity across the business ecosystem.

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'Borat' Star Ends $9M IP Suit Over Cannabis Billboard

IP Law 360

"Borat" star Sacha Baron Cohen has agreed to dismiss his $9 million lawsuit against a Massachusetts cannabis cultivation and retail business that plastered the character's image on a billboard without permission, according to a Tuesday filing.

IP 75
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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

IP Tech Blog

For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an adversarial opposition or nullity proceeding at first instance. This case law was based on the consideration that it can be extremely difficult for an infringement court to verify the validity of the patent in suit within a few days or even hours involving the risk of causing irreparable damage to the infring

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Netflix Gets Tech Patent Trimmed At PTAB

IP Law 360

Lawyers for Netflix made headway in their technology fight with Broadcom this week when they convinced the Patent Trial and Appeal Board to shave all but two claims from a patent that covers a method of connecting web programs to servers.

Patent 75
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Samsung’s “retaliatory” trade secret accusations against former IP chief reveal weak patent defence, court filing says

IAM Magazine

Seungho Ahn and another ex-Samsung lawyer, who are advising an NPE campaign against their former employer, say any dispute over trade secrets belongs in a Korean court, not a Texan one.

IP 52
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From Baseball To Blockchain: The Right Of Publicity In NFTs

IP Law 360

Much like baseball trading cards, nonfungible tokens derive value from the right of publicity that creates a collectible product, and these rights may provide a valuable alternative to copyrights in addressing the problem of counterfeit NFTs, says Daniel Lifschitz at Johnson & Johnson.

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Five tips for CIPOs getting outside legal opinions on patent threats in the wake of the CAFC’s Roche ruling

IAM Magazine

Scott Daniels of Xsensus advises chief IP officers on how to make use of the Roche precedent, which grants a defence to induced infringement allegations based on non-infringement or invalidity opinions, but with caveats.

IP 52
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Prosecution Pointer 329

LexBlog IP

The PCT Contingency Upload Service allows the applicant (or his or her agent) to upload PDF documents, including new international applications and/or post-filing documents, without having to create or sign in to a WIPO account. The Contingency Upload Service has been made available since the end of 2018. Unlike fax services, it provides for the secure electronic transmission of documents, though without any of the additional benefits and validations offered by the ePCT system.

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Can you register an acronym trademark?

Patent Trademark Blog

Can you trademark an acronym? Acronyms are everywhere. They are like code language for those in the know. Even in the intellectual property world, our vernacular is filled with initialism. It can sound rather comical. “Yeah, my IP attorney said we got an OA with 101 and 103 rejections even though we filed PPH based on our PCT.” With brands that contain multiple words, the natural progression is to move towards an acronym.