Tue.Mar 29, 2022

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3 Count: Too Little, Too Late

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Court Denies Cox’s Challenge of $1 Billion Music Piracy Verdict. First off today, Ernesto Van der Sar at Torrentfreak writes that a Virginia federal court has rejected Cox Communications’ bid to overturn a $1 billion judgment against them in their long-running dispute with the record labels.

Music 130
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Clean Technologies: Notes from the 5th Annual IP Data & Research Conference

IPilogue

Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. The 5 th Annual IP Data & Research Conference , organized by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), included a session on “Clean Technol

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Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v. Forge of Empires

Technology & Marketing Law Blog

This lawsuit involves the freemium videogame “ Forge of Empires.” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game. She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. She also claims that she was harassed by in-game moderators who are “volunteers” but compensated with extra in-game privileges and currency.

Contracts 111
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Canada’s Supreme Court Denies TekSavvy’s Site Blocking Appeal

TorrentFreak

In 2018, Canada’s Federal Court approved the country’s first pirate site-blocking order. Following a complaint from major media companies Rogers, Bell and TVA, the Court ordered several major ISPs to block access to the domains and IP-addresses of pirate IPTV service GoldTV. Site Blocking Appeals. There was little opposition from Internet providers, except for TekSavvy, which quickly announced an appeal.

Copyright 111
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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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CAFC Says Dyfan Claim Limitations are Not Invalid Due to Means-Plus-Function Format

IP Watchdog

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision by the U.S. District Court for the Western District of Texas that Dyfan, LLC’s claims were invalid as indefinite. The CAFC concluded that the disputed claim limitations were not drafted in means-plus-function format, and therefore 35 U.S.C. § 112 ¶ 6 did not apply.

Patent 106
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Russian ‘Loop Hero’ Dev Approves Piracy After Sanctions Hobble Steam

TorrentFreak

When Vladimir Putin’s tanks and an estimated 200,000 troops began to roll across the border on February 24, 2022, his military expected swift subjugation of Ukraine. Four weeks later amid massive loss of human life and widespread destruction, things are not going to plan for Russia, militarily or economically. An unprecedented sanctions package aimed at deterring Putin has plunged Russia’s economy into crisis and in common with Russia’s bombs hitting innocent civilians in Ukrai

Reporting 106

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MPEG LA Sues Samsung In Germany Over HEVC Patents

IP Law 360

Patent pool MPEG LA has sued Samsung in German court, claiming its former member has continued to use its portfolio of high efficiency video coding patents without payment or permission.

Patent 98
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Senators Send Letter to Commerce Secretary Regarding WTO Waiver Compromise

JD Supra Law

Last week, Senators Thom Tillis (R-NC), Tom Cotton (R-AR), and Marsha Blackburn (R-TN) sent a letter to Secretary of Commerce Gina Raimondo (at right) to express their "grave concerns with the so called 'compromise' agreement to waive global intellectual property protections for Covid-19 vaccines." Earlier this month, Reuters reported that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19 vaccines (see.

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BREAKING: Yahoo Hit With $15M Verdict For Infringing Web Tech Patent

IP Law 360

A San Francisco federal jury found Tuesday that Yahoo Inc. infringed Droplets Inc.'s patented technology for quickly updating web pages, saying the Silicon Valley web services giant owes $15 million to the small Texas company, which had sought $260 million in damages.

Patent 98
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Surgeon wins $20M jury verdict against DePuy Synthes for Infringement of Knee Prosthesis Patents

JD Supra Law

Rasmussen Instruments, LLC (“Rasmussen”) won a $20M jury verdict against DePuy Synthes (“Depuy”), a part of Johnson & Johnson Medical Devices Companies. Rasmussen asserted Patent Nos. US 9,492,180 (‘180 patent) and US 10,517,583 (‘583 patent), both titled “Arthroplasty systems and methods for optimally aligning and tensioning a knee prosthesis,” against DePuy’s “Balanced Sizer” product for its Attune® Knee System.

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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Levelling Up: how we’re helping UK businesses to build through IP 

Intellectual Property Office Blog

Did you know that intellectual property (IP) is likely to play a part in the foundation of every business, generating key assets to kickstart future success? This might be when you protect your name or business logo, protect your designs and the technical ways in which your product works, or when you protect your original literary, musical or artistic creations.

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[Event] 17th Annual Paragraph IV Disputes Conference - April 26th - 27th, New York City, NY

JD Supra Law

Premier forum which shapes the law, policy, and proceedings of Paragraph IV Litigation is back to New York City on April 26-27! Pharmaceutical patent practitioners from across the globe attend this flagship conference to confer with each other and assess the implications and imprimaturs of court cases, legislation, and industry behaviors which affect the patent endgame and the pursuit of related profits.

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Copyright in Journalism and News Reporting

Copyright Alliance

About a half century ago, when the existing Copyright Act was enacted, the nature of journalism did not look like the fast-paced nature of the field today. Reporters, editors, fact-checkers, […]. The post Copyright in Journalism and News Reporting appeared first on Copyright Alliance.

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Supreme Court of Canada denies leave to appeal SOLIRIS PMPRB decision

JD Supra Law

On September 29, 2021, the Attorney General of Canada sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 157) setting aside the decision of the Federal Court dismissing Alexion’s application for judicial review, and remitting the matter to the Patented Medicine Prices Review Board (Board). The Federal Court of Appeal expressed concerns with both the adequacy of the Board’s reasons and the substantive reasonableness of its reasons in determining that Alexion’s SOLIRIS.

Patent 96
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500 million reasons why Ericsson’s patent showdown with Apple matters so much

IAM Magazine

Huge dollar sums are at stake in the Swedish company’s licensing dispute with the iPhone giant, writes Avikka AB managing director Eric Stasik.

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Bioinformatics – Eligibility Challenges for Inventions at the Intersection of Biology and Software

JD Supra Law

(Part 1 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can be protected by patent laws.

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Why not industrial space?

Nelligan Law

Reading Time: 3 minutes Like many other aspects of life, commercial and industrial real estate has felt the drastic effects of the COVID-19 pandemic. As a reaction to the shift from working at the office to working at home, continuous government shutdowns and restrictions, and the rise of e-commerce, many businesses have had to rethink their entire business operation to remain profitable and relevant.

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Free In-Person IPAS 2022 Registration for First Three IP CloseUp Readers to Respond; Complimentary Livestream Code Available

IP Close Up

The first three IP CloseUp readers who email explore@understandingip.org will receive complimentary registration to the 5th Intellectual Property Awareness Summit. IPAS 2022 is being held at Continue reading.

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LA Choreographer Sues Epic Over 'Fortnite' Dance

IP Law 360

Epic's "Fortnite" brand was hit with a new copyright infringement lawsuit on Tuesday from a choreographer who says the video game lets its players rip off a popular dance he made that accompanies a Charlie Puth song.

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TTABlog Test: Are Water-Based Nonalcoholic Beverages Related to Beer for Likelihood-of-Confusion Purposes?

The TTABlog

The Board repeatedly tells us that there is no per se rule that all beverages are related for Section 2(d) purposes. Okay, then how do you think this appeal came out? The USPTO refused to register the mark ROCKAWAY for "Non-alcoholic sparkling water-based beverages, namely, functional beverages containing herbal extracts, plant infusions, and fruit," finding confusion likely with the registered mark ROCKAWAY BREWING COMPANY for "Beer; Brewed malt-based alcoholic beverage[s] in the nature of a be

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Gilead Can't Force Aetna HIV Suit On Its Terms

IP Law 360

A California federal judge refused Tuesday to let Gilead forcibly revive an Aetna lawsuit, which the insurer voluntarily dismissed, in order to avoid a state court fight alongside the array of federal antitrust lawsuits accusing the drugmaker and others of driving up HIV drug prices by illegally staving off cheaper generic versions.

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Tuning Claims From Oil Wells to Truck Axles

Patently-O

by Dennis Crouch. I’ve written a number of times about the Supreme Court’s old decision in Halliburton Oil Well Cementing Co. v. Walker , 329 U.S. 1 (1946). Walker’s patent claimed a “means. for tuning” a sound filter to a particular vibration frequency while looking for an oil-well blockage. The Supreme Court found the claim problematic because it did not claim the physical characteristics of the invention’s point-of-novelty, but instead that tuning element

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Vape Co. Says Rival Infringed Patented Product

IP Law 360

A vape company sued a rival in California federal court Monday, claiming the competitor infringed on its patent for a portable vaporizer.

Patent 75
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IBM’s IP head explains strategy behind the company’s litigation track record

IAM Magazine

“Take me seriously, because you're going to spend a bunch of money and then decide you need to take a licence,” says Bill LaFontaine, Big Blue’s general manager of intellectual property, in an exclusive IAM interview.

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Who Were The Leading Australian Patent Prosecution Firms in 2021?

LexBlog IP

With significant increases in both standard and (especially) innovation patent applications , 2021 should have been a bumper year for patent attorneys operating in Australia. And although that was true overall, the benefits were not uniformly distributed. While some smaller firms experienced gains in filing numbers well above the overall growth rate, a number of larger firms within the publicly-listed ownership groups struggled to keep pace.

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Fashion ex nihilo?

Likelihood of Confusion

So much for Special Creation in blog graphics, I guess. It seems that the theologically inclined among us trademark law types think alike… but in any event, it’s good news. The post Fashion ex nihilo? appeared first on LIKELIHOOD OF CONFUSION™.

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Intellectual Property Rights And Darwinism In E-Commerce

IP and Legal Filings

INTRODUCTION. “Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market.

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British Columbia Announces Coverage of Three New Biosimilars for Blood Clot Prevention and Treatment

LexBlog IP

On March 22, British Columbia’s Ministry of Health announced that three new enoxaparin biosimilars, Valero Pharmaceuticals’ REDESCA, Juno Pharmaceuticals’ NOROMBY, and Sandoz’s INCLUNOX, would be covered by PharmaCare, the province’s public health plan. Enoxaparin is a blood thinner that is used for the prevention and treatment of blood clot disorders.

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New Copyright Claims Board

Above the Fold

The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in Spring 2022, which may be extended into late June 2022, the Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020.

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California Labor Code Section 925: A Word of Caution for Out-of-State Employers of California Employees

LexBlog IP

Employers faced with an apparent trade secret misappropriation by former employees must decide what jurisdiction to bring suit in. For an employer headquartered outside of California who employs California residents working primarily in California, choice of law and forum selection clauses favoring states other than California may be ineffective against them unless they had counsel who negotiated the provisions on their behalves.

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Latest Federal Court Cases - March 2022 #4

JD Supra Law

Hunting Titan, Inc. v. DynaEnergetics Europe GMBH, Appeal Nos. 2020-2163, -2191 (Fed. Cir. March 24, 2022) - In a notable review of the USPTO’s new Precedential Opinions Panel, the Federal Circuit discussed the circumstances under which the Patent Trial and Appeal Board should raise a ground of unpatentability against substitute proposed claims in a motion to amend that a petitioner has not advanced or insufficiently developed.

Patent 52
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New Copyright Claims Board

LexBlog IP

The quicker, streamlined, and less expensive method for resolving copyright infringement matters valued at under $30,000 will soon be available to copyright enforcers. Currently scheduled to begin hearing cases in Spring 2022, which may be extended into late June 2022, the Copyright Claims Board (CCB) was established by the Copyright Alternative in Small-Claims Enforcement Act passed by Congress on December 27, 2020.

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Copyright Office Issues Pro-Accessibility Final Rules for Initial Stages of Copyright Claims Board Proceedings

JD Supra Law

Following multiple extensions of the notice and comment period for the establishment of the Copyright Claims Board under the CASE Act, the Copyright Office has published its highly anticipated final rule for the initiation of proceedings before the Board. The CASE Act establishes a voluntary forum, the Copyright Claims Board, in which parties can resolve disputes valued at $30,000 or less and has been heralded as ideal for pro se copyright holders.

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CCC Receives 2022 Top Workplaces USA National Award

Velocity of Content

CCC has earned a 2022 Top Workplaces USA national award from Energage , a technology company that empowers workplace excellence. This employer recognition program recognizes organizations across the country that have built exceptional workplace cultures. The Top Workplaces USA national award is open to organizations with 150 or more U.S. employees.

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How many patent Office Actions can you get? Is there a limit to patent rejections?

Patent Trademark Blog

How many patent Office Actions are possible? No, there are no limits to how many patent Office Actions (OA) an Examiner can issue. Sadly, multiple Office Actions are quite common in utility patent applications. How far you are willing to go to fight a patent rejection will likely depend on other factors. What is your budget? How close are the prior art references ?