Mon.Jan 23, 2023

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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). The callers are requesting addresses, credit card information, and other personal data from customers and are demanding that customers pay various fees, such as publication fees or application defic

Trademark 147
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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. To accomplish these IP reforms, Issa squelches the voices of independent inventors and startups while amplifying the voices of Big Tech and Chinese Communist Party (CCP) controlled multinationals.

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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. A few days ago, USTVGO users were presented with a disappointing message. Out of the blue, the site’s clean homepage, which usually carries links to over a hundred channels including ABC, CBS, NBC, and Nickelodeon, was replaced with just four words; S

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What is the future of work?

McKinsey Operations

Just like the world at large, the world of work shifts and changes over time. The future of work refers to an informed perspective on what businesses and other organizations need to know about how work could shift (given digitization and other trends), plus how workforces and workplaces can prepare for those changes, big and small.

Business 133
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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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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. District Court for the Eastern District of Michigan. IV sued GM in Albright’s Western District of Texas court for infringing 12 patents covering services and products installed in GM cars, including certain features of GM’s OnStar service.

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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. FIFA World Cup 2022 got underway on November 20 in Qatar, and in the hours leading up to December 10, Homeland Security Investigations began seizing pirate streaming site domains.

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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. The amendments come by way of Bill C-19, the Budget Implementation Act, 2022, No. 1 legislation passed back in June 2022 to increase the term of copyright protection from 50 years to 70 years follow

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Autonomous Akin Update - January 2023

JD Supra Law

Autonomous Akin brings you the latest news and developments regarding autonomous systems and advanced mobility so that you can keep a pulse on what is happening in government and industry that is impactful for your business. Akin Gump’s cross-practice autonomous systems and advanced mobility team stays abreast of developments in the regulatory, policy, trade, intellectual property, cybersecurity and privacy spaces as it impacts this industry.

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A new operations formula for the chemicals sector

McKinsey Operations

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

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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. As the applications for NFTs grow, the legal considerations expand, particularly when the NFTs are used in ways that touch on multiple areas of the law.

Music 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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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™.

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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").

Patent 98
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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. and its surrounding waters in 2022. NOAA’s polar-orbiting and geostationary satellites are part of the global Search and Rescue Satellite Aided Tracking system, or COSPAS-SARSAT, which uses a network of U.S. and

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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. Regulatory agencies and legislators also renewed their focus on access to lower-cost biologics, including biosimilars.

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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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Laching-On to Inexcusable Behavior

Patently-O

Guest Post by Jordan Duenckel. Jordan is a second-year law student at the University of Missouri, head of our IP student association, and a registered patent agent. The Federal Circuit released its opinion in Personalized Media Communications, LLC, Vs. Apple Inc., Docket No. 2021-2275 on January 20, 2023, in a dispute involving an alleged pattern of inappropriate conduct during patent prosecution.

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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? [Results in first comment]. In re eduConsulting Firm , Serial No. 90196048 (January 12, 2023) [not precedential] (Opinion by Judge Michael B.

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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.

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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. Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a project together, most companies understandably require the subcontractor to enter into a confidentiality agreement that includes a non-disclosure provision.

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Google Gets PTAB To Cut Bulk Of Ex-Apple Engineer's Claims

IP Law 360

The Patent Trial and Appeal Board has wiped out most of the claims in a patent issued to a former Apple research engineer who later claimed to have invented a novel kind of media player that his company accused LG and Samsung of ripping off through the use of Google-powered apps.

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Gambling on Top Flight Footballers: ASA Ruling

IP Tech Blog

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. Updated Gambling Ad Rules As covered in more detail in a previous article for this blog , on 1 October 2022 new rules in the UK advertising codes came into effect that restrict the content of gambling ads.

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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. Cal. Sept. 13, 2022) An appeal has been filed in this case upholding USDA regulations promulgated to deal with bioengineering disclosures. Congress declared that the purpose of the disclosure statute was “to preempt state and local actions that mandate labeling of whether a food or seed is genetically engineered, and establish a mandatory uniform national disclosure standard for human food that is or may be bioeng

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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. Patent and Trademark Office (USPTO) training session on the patent appeals process, and a discussion about President Biden’s tech agenda from the ITIF.

IP 59
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To reinvent globalization, companies and countries should think ‘diversifying,’ not ‘decoupling,’ according to McKinsey Global Institute’s research

McKinsey Operations

The pandemic, Ukraine, geopolitical stress, climate change, and macroeconomic uncertainty: These are turbulent times. No wonder business leaders and policymakers are re-examining everything from their supply chains to their trading patterns. The overarching question, as we see it, is what this means for globalization, write Bob Sternfels and Olivia White in Fortune.

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3 BigLaw Firms Partner On Southern U. Litigation Workshop

IP Law 360

Kirkland & Ellis LLP, DLA Piper and Baker Donelson Bearman Caldwell & Berkowitz PC recently held a three-day mock trial session for students at the Southern University Law Center, partnering with a common client that's considering launching a series of similar workshops.

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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. The Work is made of stainless steel and kiln-formed glass with an incorporated water feature, and Kirkwood had, apparently, shut off the water feature at some point and replaced it by incorporating large amou

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Kratom Co. Asks 11th Circ. To Nix 'Naked License' Ruling

IP Law 360

Supplement maker Blue Mountain Holdings Ltd. asked the Eleventh Circuit to overturn a judgment against it in a trademark dispute, saying the Georgia federal trial court went against the circuit's precedent in finding that it has a "naked license" that rendered the trademark at issue abandoned.

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Gambling on Top Flight Footballers: ASA Ruling

LexBlog IP

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. Updated Gambling Ad Rules As covered in more detail in a previous article for this blog , on 1 October 2022 new rules in the UK advertising codes came into effect that restrict the content of gambling ads.

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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. Topics of the featured intellectual property cases include: exclusion of expert testimony, the ITC’s ability to enforce consent orders, estoppel by IPR final written decisions, standing to challenge PTAB decisions on appeal, obviousness in light of overlapping ranges in the prior art, and settlements of IPRs before

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CLE: Are You Satisfying Your Responsibilities As A Lawyer In Your Career?

LexBlog IP

On Wednesday, January 25, 2023, from 1:00 p.m. to 2:00 p.m. CT, The Richard Linn American Inn of Court and the Intellectual Property Law Association of Chicago (“IPLAC”) are hosting an interactive panel discussion focusing on lessons learned in evaluating whether lawyers are satisfying their responsibilities competently and diligently, and with integrity and satisfaction.

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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? A trademark can take a variety of forms, including, without limitation, a word or combination of words, a design, a sound or even a smell.

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

LexBlog IP

Safeguarding trade secrets is typically Rule No. 1 for many companies—particularly technology companies. Therefore, when a company needs to share its highly-guarded trade secrets with a subcontractor in order to complete a project together, most companies understandably require the subcontractor to enter into a confidentiality agreement that includes a non-disclosure provision.

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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. Patent and Trademark Office (USPTO), such as filing an inter partes review (IPR) petition for review by the Patent Trial and Appeal Board (PTAB) which has a lower standard of proof than what is required in U.S.

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CLE: Are You Satisfying Your Responsibilities As A Lawyer In Your Career?

Chicago IP

On Wednesday, January 25, 2023, from 1:00 p.m. to 2:00 p.m. CT, The Richard Linn American Inn of Court and the Intellectual Property Law Association of Chicago (“IPLAC”) are hosting an interactive panel discussion focusing on lessons learned in evaluating whether lawyers are satisfying their responsibilities competently and diligently, and with integrity and satisfaction.

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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.

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