Mon.Jan 23, 2023

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Darrell Issa Doesn’t Understand That He is the Problem

IP Watchdog

US Inventor is publicly opposing the appointment of Representative Darrell Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP reforms that are harmful to independent inventors and startups.

Inventor 108
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Beware of scam calls featuring spoof of Trademark Examining Attorney phone numbers

Erik K Pelton

I recently was made aware of yet another scam that is trying to take advantage of trademark filers. Watch this short video for more: According to the USPTO: Some customers have reported receiving calls from individuals falsely claiming to be from the United States Patent and Trademark Office (USPTO).

Trademark 142
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Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied General Motors’ petition for a writ of mandamus seeking to compel Judge Alan Albright to transfer a patent infringement case brought against GM by Intellectual Ventures (IV) to the U.S.

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Popular TV Streaming Service USTVGO Shuts Down

TorrentFreak

With millions of monthly users, USTVGO was one of the most visited live TV streaming portals on the Internet. As its name suggests, the portal focused on US channels, making it a popular site for cord-cutting Americans or those living abroad.

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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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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner?

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HSI Agent Details U.S. Pirate Site Domain Seizure Mechanism in Affidavit

TorrentFreak

The World Cup is international football’s most prestigious tournament. International governing body FIFA guards its lucrative rights to the competition with a rod of iron.

Copying 85

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SpicyIP Weekly Review (January 17- January 22)

SpicyIP

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?

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Expanding Uses for NFTs Lead to New Legal Frontiers

JD Supra Law

Despite the ongoing “Crypto Winter,” the use of NFTs continues to rise. NFTs are associated most often with pictures, videos, and music, but developers have been finding many new and useful applications for them.

Music 83
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Happy Purim!

Likelihood of Confusion

Tonight begins Purim – the Jewish holiday that celebrates LIKELIHOOD OF CONFUSION! Originally posted 2016-03-24 10:38:04. Republished by Blog Post Promoter The post Happy Purim! appeared first on LIKELIHOOD OF CONFUSION™. Everything else In re Tam mandamus Purim

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PTAB Rules on Preliminary Motions in Interference No. 106,133

JD Supra Law

On December 14th*, the Patent Trial and Appeal Board rendered its decision on Preliminary Motions in Interference No. 106,133 between Senior Party Sigma-Aldrich and Junior Party The Broad Institute, Harvard University, and MIT (collectively, "Broad"). By: McDonnell Boehnen Hulbert & Berghoff LL

Patent 83
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Rooh Afza v. Dil Afza Part II: Meaning Found in Trademark Protection

SpicyIP

In January last year, a single-judge bench of the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt.

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Biosimilars 2022 Year in Review

JD Supra Law

2022 heralded the next chapter for biosimilars in the United States, including U.S. Food and Drug Administration approval of biosimilars in new therapeutic areas, additional interchangeable designations, and litigation relating to biosimilars of more recent biologics.

Designs 82
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What is the future of work?

McKinsey Public & Social Sector Insights

Just like the world at large, the world of work shifts and changes over time.

Business 103
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A Brief Thematic Review of Non-Fungible Tokens and their Copyright

IP and Legal Filings

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property.

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Charles Colman: Copyright and AI

Likelihood of Confusion

From LinkedIn. I guess if they offer an embed code, I can, you know, embed this piece by my old friend Professor Charles Colman: Is the monkey-selfie thing relevant here? The post Charles Colman: Copyright and AI appeared first on LIKELIHOOD OF CONFUSION™.

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how can one show false advertising injury to get a presumption of irreparable harm?

43(B)log

Santos Elecs. Outlaw Audio, LLC, No. 8:22-cv-827-JVS-KESx, 2022 WL 18396275 (C.D. 12, 2022) Reconsidering its previous decision as to the Lanham Act claim , the court granted a preliminary injunction against counterclaim defendant Santos dba OSD.

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This Week in Washington IP: FTC’s Non-compete Proposal, Competition in Ticketing Services, and the Effectiveness of AI in Content Moderation

IP Watchdog

This week in Washington IP news, Congress is back in session with a light week of hearings including a Senate Judiciary hearing on competition in live entertainment. Elsewhere, there is a U.S.

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bioengineering disclosures mostly survive APA, First Amendment attack

43(B)log

Natural Grocers v. Vilsack, F.Supp.3d -, 2022 WL 4227248, No. 20-cv-05151-JD (N.D. 13, 2022) An appeal has been filed in this case upholding USDA regulations promulgated to deal with bioengineering disclosures.

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A new operations formula for the chemicals sector

McKinsey Public & Social Sector Insights

Facing spiraling costs, looming skills shortages, and the decarbonization imperative, manufacturers of chemicals and agricultural products can’t afford to stand still. Chemicals Insights Chemicals Operations

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Moral Rights Case Ends in Settlement

BYU Copyright Blog

We first reported on this case in March of 2021, not long after Molly Mason ("Mason") filed suit against Kirkwood Community College ("Kirkwood"), alleging that Kirkwood had made changes to a sculpture titled "Before the Sun Speaks" (the "Work") that Mason had installed on Kirkwood's campus.

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How Much Does a Patent Really Cost?

IP.com

The post How Much Does a Patent Really Cost? appeared first on IP.com - IP Innovation and Analytics. Patent Filing & Litigation

IP 52
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[Webinar] Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions - February 2nd, 1:00 pm - 2:00 pm EST

JD Supra Law

In conjunction with the release of the firm's year-in-review report, speakers will offer case summaries and analysis of the significant 2022 appellate rulings discussed in the report.

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Avoiding and Mitigating IP Infringement Risks with AI

IP.com

The post Avoiding and Mitigating IP Infringement Risks with AI appeared first on IP.com - IP Innovation and Analytics. IP Strategy

IP 52
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Protecting Your Brand: A Primer on Canadian Trademarks

JD Supra Law

​​​​​​​Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process. What is a Trademark?

Designs 52
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The Law Bytes Podcast, Episode 153: Jennifer Quaid on the Competition Bureau’s Appeal of the Rogers-Shaw Merger Decision

Michael Geist

The battle over the Rogers – Shaw merger has continued to escalate in recent days with TekSavvy filing an application with the CRTC on the wholesale access implications of the deal, a campaign to urge ISED Minister François-Philippe Champagne to reject the transaction, and a forthcoming Industry committee hearing on the situation.

Law 52
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2022 Patent Law Recap: IPR Argument Strategy, Artificial Intelligence, and Forum Selection Clauses

JD Supra Law

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S.

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A Copyright Reboot for Robots

Velocity of Content

Machines that can write poetry, paint scenic vistas, and compose sonatas are no longer found only in science fiction. Today, artistic automatons increasingly share our world.

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Disclaimer Made in IPR Not Binding In Same Proceeding

JD Supra Law

The Federal Circuit recently held, in Cupp Computing AS v. Trend Micro Inc., that a disclaimer in an inter partes review (IPR) proceeding is not binding on the USPTO in the same proceeding in which the disclaimer is made. By: Jones Day

Law 52
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Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

IIPRD

Introduction The term ‘Amazon’ in our age means global dominance in terms of electronic commerce. Amazon was originally construed as an internet retailer or manufacturer of goods ranging from books, houseware, utility products, clothing to many varied ranges of products.

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Congress, President Align on Powerful New U.S. Intellectual Property Protection Law

JD Supra Law

On January 5, 2023, President Biden ushered in the new year by signing into law the Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336.1 PAIPA was passed with considerable bipartisan support in both houses of Congress.

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Nokia, Samsung agree fresh 5G patent licence

Managing IP

The previous deal expired at the end of 2022 amid a dip in net sales for Nokia’s IP licensing division Free News Europe Asia Pacific Patents IP Strategy FRAND and SEPs

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Government of Canada Has Officially Extended Copyright Terms

IPilogue

Emily Xiang is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Huge changes have come to the Canadian Copyright Act. In late November of 2022, an Order in Council was signed to fix December 30, 2022 as the date on which Division 16 of Part 5 of the Copyright Act came into force.

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NOAA satellites helped save 397 lives in 2022

U.S. Department of Commerce

NOAA satellites helped save 397 lives in 2022 January 23, 2023 KCPullen@doc.gov Mon, 01/23/2023 - 14:39 Weather and satellites NOAA satellites, which are crucial in weather and climate forecasts, helped rescue 397 people from potentially life-threatening situations throughout the U.S.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. How do you think theses three cases came out?

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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

IP Law 360

Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations

IP 63
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11th Circuit Upholds Trial Court’s Rejection of Liquidated Damages in Trade Secret Case

Trading Secrets

Safeguarding trade secrets is typically Rule No. 1 for many companies—particularly technology companies.