Wed.Sep 08, 2021

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3 Count: Locast Outcast

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. Note: Due to the effects of Hurricane Ida, we missed over a week of regular news, so this is a catch-up edition of the 3 Count. Stories will be older than normal. We will be back to regular news tomorrow. 1: Locast’s Free TV Service Shuts Down After Losing Copyright Ruling.

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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.

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Even Trademark Lawyers Make Branding Mistakes

Erik K Pelton

No one is immune from potential branding errors. Erik shares the history of the law firm brand, including some mistakes made along the way as the EMP&A brand evolved. The post Even Trademark Lawyers Make Branding Mistakes appeared first on Erik M Pelton & Associates, PLLC. No one is immune from potential branding errors. Erik shares the history of the law firm brand, including some mistakes made along the way as the EMP&A brand evolved.

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Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas?

SpicyIP

Image from here. Image showing trees and plants labelled as patented. Continuing our series of posts on the Parliamentary Standing Committee Report on Review of the IPR Regime in India, in this post I will be covering the Report’s recommendations on IPR and Traditional Knowledge (TK). The other posts on the Report can be found here , here , here , here , and here.

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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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The Publishers Association Ramps Up Site Blocking to Reduce Piracy

TorrentFreak

For more than a decade copyright holders of all kinds have approached the UK High Court with applications for website blocking injunctions. Applicants have included entities such as the BPI (representing the major music labels) and the MPA (movies and TV shows). Over time, these groups have expanded to include organizations such as the Premier League and similar live sports broadcasters, who in the main seek to have pirate IPTV-type operations blocked by the countries leading ISPs.

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O’Malley Splits from Majority in CAFC Denial of Mandamus to Stop IPR Institution on Patents Subject to Arbitration

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued an order denying MaxPower Semiconductor, Inc.’s appeal and Petition for Writ of Mandamus with respect to the Patent Trial and Appeal Board’s (PTAB’s) decisions to institute ROHM Semiconductor USA, Inc.'s petitions for four inter partes review (IPR) proceedings of MaxPower patents.

Patent 107

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Defensive Publishing Mistakes (and Potential Consequences)

IP.com

Writing a great defensive publication, or defensive disclosure, is more than checking for spelling mistakes and grammatical errors. How you describe your invention matters—a lot. Your writing choices can negatively. The post Defensive Publishing Mistakes (and Potential Consequences) appeared first on IP.com - IP Innovation and Analytics.

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Apple's "buy" button that doesn't result in ownership may mislead consumers

43(B)log

Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder. Plaintiff alleged that this was deceptive, given that “Apple reserves the right to terminate the consumers’ access and use of content at any time, and in fact, has done so on numerous occasions.

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Katcall Reminder

The IPKat

The deadline for submissions to the openings for GuestKats and InternKats positions (as announced here ) is approaching. Apply now! Those interested must submit their complete applications no later than Wednesday, 15 September 2021 (midnight, GMT). Complete applications must contain CV details, interest in IPKat, and a 400-word writing sample (or a link to an existing piece in the case of a GuestKat application).

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Broad Files Opposition to ToolGen Substantive Preliminary Motion No. 1

JD Supra Law

On May 20th, ToolGen filed its Substantive Motion No. 1 for benefit of priority in Interference No. 106,126, which names ToolGen as Senior Party and as Junior Party The Broad Institute, the Massachusetts Institute of Technology, and the President and Fellows of Harvard College (collectively, "Broad"). On August 6th, Broad filed its Opposition to this Motion.

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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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organic protein is generic, but trade dress comes to the rescue

43(B)log

Orgain, Inc. v. Northern Innovations Holding Corp., 2021 WL 1321653, No. 8:18-cv-01253-JLS-ADS (C.D. Cal. Mar. 22, 2021) The parties compete in the market for nutritional supplements. Orgain alleged that defendants infringed its trade dress in selling a competing plant-based nutritional supplement adorned with the “organic protein” phrase in black font against a white background, framed by green bands that circumscribe the top and bottom of the packaging, as well as a green leaf motif and colore

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Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

JD Supra Law

Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These companies bear significant research-intensive costs to develop new products and processes. As is true for most industries, collaboration can be beneficial for biotech companies, allowing companies of all sizes to enhance their research and development, product portfolio, and.

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‘Fractional Ownership’ Patent is Offered as an NFT by Celebrity-Laden Auctioneer OpenSea Systems

IP Close Up

What could be an important blockchain patent covering fractional trading of shares of multiple asset classes has been offered for sale at auction as an Continue reading.

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Patent Case Summaries - September 2021 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 90
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Announcing the 2021 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors

U.S. Department of Commerce

Announcing the 2021 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors. September 8, 2021. ASowah@doc.gov. Wed, 09/08/2021 - 13:30. The SEE Ambassadors program recognizes individual Departmental employees for their outstanding performance in implementing exceptional cost-saving projects and/or programs that help the Department achieve its mission to implement sustainability and improve energy efficiency, water conservation, environmental performance, and awareness.

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Last Week In The Federal Circuit (August 30-September 3): Candor At The Patent Office

JD Supra Law

The Federal Circuit returned to a full week of in-person arguments last week. But that didn’t keep it from issuing a range of decisions in patent and non-patent cases. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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The Market For IP-Based Financial Offerings Is Finally Maturing

IP Watchdog

Intangibles, and particularly intellectual property, are curious assets. By some estimates, intangibles comprise a large overall percentage of the S&P 500’s total value. Yet – as most IP-rich companies know – leveraging the value of intellectual property to secure a financing has traditionally been very hard to do. Yes, the litigation finance industry offers capital to intellectual property owners who need to finance the tremendous expense of intellectual property enforcement litigation.

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Arbitration Agreement Does Not Control Inter Partes Review Proceedings

Patently-O

by Dennis Crouch. The Supreme Court has strongly supported arbitration as an alternative dispute resolution mechanism. The Federal Arbitration Act (FAA) codifies this “liberal federal policy favoring arbitration agreements.” Quoting Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983). Although the right to arbitrate patent cases is seemingly clear from the FAA, Congress went further in its 1982 PTO appropriations bill to expressly codify the enforcemen

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Apple Gets OK To Transfer Emoji Copyright Suit To Calif.

IP Law 360

Apple can move a copyright lawsuit against it over emojis with diverse skin tones from Texas to California after a district judge found that certain evidence regarding emoji development and design in the Golden State favored transferring the case there.

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Informational functionality is a thing now

43(B)log

Sulzer Mixpac AG v. A&N Trading Co., No. 19-2951 (2d Cir. Feb. 18, 2021) The parties compete in the U.S. market for mixing tips used by dentists to create impressions of teeth for dental procedures, such as crowns. Reversing the district court, the court of appeals held that Mixpac’s alleged trade dress—its use of yellow, teal, blue, pink, purple, brown, and white on different mixing tips—was functional.

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PTAB Rejects Apple's Bid For IPR Of Koss Headphone Patent

IP Law 360

The Patent Trial and Appeal Board has denied a petition from Apple for inter partes review of a Koss Corp. patent covering wireless headphones, saying the iPhone maker failed to establish a reasonable likelihood it would prevail in invalidating at least one of the 35 claims it challenged.

Patent 75
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Holiday 2021 Planning: Putting Holiday 2020 Retail Learnings to Use

Legal Zoom

Retailers weathered several challenges last holiday season. This year, they'll try to turn those lessons learned into new opportunities to build and retain customers.

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Video Game Maker Ubisoft Wins Fees In Patent Fight

IP Law 360

A Delaware federal judge has determined that video game maker Ubisoft is owed legal fees, after the company successfully defended claims that it infringed a Texas company's patent that covers a system meant to control a virtual reality environment.

Patent 75
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Ninth Circuit Affirms Permanent Injunction Preventing Guest-Tek From Petitioning PTAB for Validity Challenges to Nomadix Patents

IP Watchdog

On September 3, the U.S. Court of Appeals for the Ninth Circuit issued a pair of decisions in Nomadix, Inc. v. Guest-Tek Interactive Entertainment Ltd. on appeal from a grant of permanent injunction entered by the Central District of California. In one decision, the Ninth Circuit affirmed injunctive relief preventing Guest-Tek from filing petitions for patent validity trials at the Patent Trial and Appeal Board (PTAB) in violation of a forum selection clause in Guest-Tek’s licensing agreement wi

Patent 64
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Fed. Circ. Backs Patent Review Despite Arbitration Agreement

IP Law 360

The Federal Circuit on Wednesday refused to take up appeals over whether the Patent Trial and Appeal Board was wrong to institute review on several patents covering semiconductor technology despite an arbitration agreement between the parties.

Patent 74
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Concerning But Not Predetermined: A Short Note on Technology and the Future of Work

IPilogue

Photo by Helena Lopes ( Unsplash ). Ali Mesbahian is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . The Dystopian State of Surveillance in the Workplace. The ongoing pandemic has shaken up of the world of work. With the emergence of COVID-19, distinctions between on-site and remote workers became intuitive and reliance on technology for attuning the workforce to the situation of a pervasive contagion rapidly increased.

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Disney Seeks To Toss 'Pirates' Script IP Suit Again

IP Law 360

The Walt Disney Co. has once again torn into claims by two screenwriters who allege that the "Pirates of the Caribbean" film franchise copied their script after the Ninth Circuit revived the case last year, knocking the pair for relying on testimony from an expert who "questions whether the pirate genre exists.

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China brushes off EU request for more information on controversial SEP decisions

IAM Magazine

Response to a formal inquiry under the WTO’s TRIPS mechanism will frustrate those pushing for greater clarity on ASI decisions.

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IPWatchDog Live 2021 – Next Week

LexBlog IP

The Return of In-Person IP Conferences. In the words of princess Elsa… for the first time in forever. …there are a number of in-person IP conferences slated for this fall. (I’ve been cooped up with kids, I make Frozen references now). First up is IPWatchdog Live 2021 September 12-14 in Dallas, Texas. The multi-day IPWatchdog program includes an impressive roster of speakers and topics.

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A Wolf by any other name

Likelihood of Confusion

When you think of the juxtaposition of restaurants you probably can’t afford to eat in and men whose name should remind you of Mozart but really make you think of. The post A Wolf by any other name appeared first on LIKELIHOOD OF CONFUSION™.

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Why You Shouldn’t Listen to Patent Advice From Non-lawyers, Including Podcast Hosts

LexBlog IP

I’m a fan of podcasts. Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. My friend was curious to know if I agreed with this podcast host. I listened and, after hearing the host’s general misunderstanding of the intellectual property system in the United States, I thought it would be a good idea to share a few patent facts.

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Latest Federal Court Cases - September 2021

JD Supra Law

Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) - In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district court’s finding that Belcher Pharmaceuticals, LLC (“Belcher”) engaged in inequitable conduct by withholding prior art from the Patent and Trademark Office (the “PTO”) during the prosecution of Belcher’s patent.

Art 52
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Parties in Amgen v. Hospira Filgrastim Litigation Stipulate to Dismissal of All Claims

LexBlog IP

On September 2, 2021, the parties in the Amgen v. Hospira (D. Del., No. 18-1064) Neupogen®/filgrastim litigation submitted a stipulation and proposed order to dismiss all claims and counterclaims in the litigation, with prejudice. The Court (Judge Connolly) has not yet entered the order of dismissal on the docket. The case has been pending since July 2018.

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Secrets on the Road: Protecting Trade Secrets of Highly Automated Vehicles Against Public Disclosure

JD Supra Law

Trade Secrets in the HAV Industry Trade secrets are invaluable in the HAV industry as its growth accelerates in the fast lane. HAV players defend their technology aggressively against competitors and departing employees who misappropriate trade secrets. HAV technology in recent trade secret actions ranges from Light Detection and Ranging systems and Autopilot-related source code….

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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

LexBlog IP

Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.