Fri.Jun 10, 2022

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Forwarding Piracy Warnings Violates Privacy Law, Dutch Court Rules

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has shuttered hundreds of pirate sites and services in recent history. BREIN has also targeted several prolific BitTorrent uploaders and other infringers with success. However, tracking down and going after individual file-sharers is quite resource-intensive and the anti-piracy group aims to cast its net wider.

Privacy 138
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“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with 900+ members. Both groups are “private” Facebook groups: Both Ahwatukee411 and PARC have “always been” private, closed Facebook groups—meaning only group members can access and see posts made within the Groups.

Privacy 133
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Trending Sources

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TRIPS Waiver: Is There Anything To Gain?

SpicyIP

We’re pleased to bring you a guest post with an update with the Covid-19 TRIPS waiver from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law.

Licensing 133
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Bungie & Destiny 2 Cheat Creator Agree $13.5m Copyright Damages Judgment

TorrentFreak

Late August 2022, game developer Bungie filed a lawsuit against the creators of software that enabled cheating in Destiny 2. The complaint named Canadian business entities Elite Boss Tech and 11020781 Canada Inc., owner Robert James Duthie Nelson, plus a number of ‘Doe’ defendants said to be involved in the creation, sale, and distribution of the software.

Copyright 130
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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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Semiconductor shortage: How the automotive industry can succeed

McKinsey Operations

As the semiconductor shortage persists, the automotive industry will likely benefit from new sourcing models and stronger bonds between OEMs, Tier 1 suppliers, and semiconductor suppliers.

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Other Barks & Bites for Friday, June 10: Leahy and Tillis Request NFT Study, European Court Dismisses Apple’s Appeal of ‘THINK DIFFERENT’ Cancellation, and EUIPO Report Shows Increase in Intentional Counterfeit Purchases

IP Watchdog

This week in Other Barks & Bites: USPTO Director Kathi Vidal issues guidance clarifying the use of applicant admitted prior art in IPR proceedings at the PTAB; the EUIPO issues an IP Youth Scorecard showing that young people in the EU have significantly increased their intentional purchase of counterfeit products; the Seventh Circuit affirms a denial of a motion to compel arbitration in a copyright and trade secret case involving insurance software; the Ninth Circuit dismisses an appeal ask

Reporting 111

More Trending

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More Accessible COVID-19 Technology on the Horizon: The National Institute of Health Licenses its COVID-19 Tech Patents to the WHO and the Medicines Patent Pool

IPilogue

Michelle Mao is an IPilogue Writer and an incoming 2L JD candidate at Osgoode Hall Law School. Soon, manufacturers will be able to use NIH-licenced technologies to develop COVID-19 technologies for sale and distribution to low and middle-income countries. This is because the NIH has finalized its agreement to licence its NIH-owned COVID-19 technology patents to the Medicines Patent Pool (MPP) and the World Health Organization ’s (WHO) COVID-19 Technology Access Pool (C-TAP ).

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A Good Right to Repair Bill Would Not Break Things

The Illusion of More

Rep. Mondaire Jones (NY), along with co-sponsor Rep. Victoria Spartz (IN) introduced a bill in February called the Freedom to Repair Act. Seeking to remedy a specific, unintended consequence of one part of the Copyright Act, the bill overreaches so dramatically that it would effectively legalize piracy of creative works. If Congress wants to address […].

Copyright 104
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CTGT transactions: Beware of ripples in the safe harbor

JD Supra Law

We increasingly encounter research and development collaboration partners relying on various research tools, cell lines, and other technologies to develop products and therapies within the cell, tissue, and gene therapy (CTGT) space. In the article below, we outline a few of the reasons that developers of CTGT products, along with their collaboration partners, should carefully consider the impact of these technologies.

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Author Talks: How to build a damn good business

McKinsey Operations

Business guidance can hinge on an assumption of existing financial access, making the advice irrelevant to budding entrepreneurs with less privilege. Kathryn Finney seeks to level the playing field.

Business 101
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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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“Well frens, it happened to me;” Actor’s Stolen NFTs Highlight Uncertainties for NFT Artwork

JD Supra Law

Actor and comedian Seth Green, best known for creating Robot Chicken and portraying Dr. Evil’s son in the Austin Powers franchise, announced on Twitter last month that phishers stole his four “Bored Ape” NFTs. Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork.

Artwork 101
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Investment Pro Accused Of WSJ, Barron's Article Thievery

IP Law 360

A prominent investment manager is accused of illegally copying and distributing thousands of news articles from the Wall Street Journal and Barron's publications owned by Dow Jones & Co., according to a copyright lawsuit filed Friday in Texas federal court.

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What is a Design Patent?

JD Supra Law

A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects.

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More Big Numbers for Audiobooks

Velocity of Content

Publishers’ audiobook revenue grew 25% in 2021 to $1.6 billion, which marks the tenth straight year of double-digit growth, according to the Audio Publishers Association’s Sales Survey conducted by InterQ. Audiobook publishers providing survey data included Audible Inc., Blackstone, Recorded Books, Pushkin Industries, and Brilliance Audio as well as trade book giants Hachette, HarperCollins, Macmillan, Penguin Random House, and Simon & Schuster.

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Tell Us What You Really Think: CVC Asserts Board Decision in '115 Interference Negates Jurisdiction in Interference Nos. 106,127 and 106,132

JD Supra Law

Captioned disarmingly as a Notice of Related Proceedings under 37 C.F.R. § 41.8(a)(1) and ¶ 8.2 of the Standing Order, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") somewhat boldly asserted in its June 6th filing that the Board no longer had jurisdiction over its applications-in-interference in Interference Nos. 106,127 and 106,132. .

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Speedy English High Court decision mitigates German ‘injunction gap’ in cochlear implant war

IAM Magazine

Expedited UK proceedings are an attractive tactic for defendants facing infringement actions in Europe’s largest economy – but there are limits to their effectiveness.

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Sports & Entertainment Spotlight: Los Angeles Rams Pass Rusher Aaron Donald's Restructured Deal Makes Him $95 Million by 2024; and Walton Family Closes a $4.65 Billion Purchase of the Denver Broncos Football Team

JD Supra Law

Welcome back to the "Spotlight!" This may come as a shock to exactly none of you, but people can be really good as casting aside morality in the face of heaps of money. That statement came into sharp focus this week with the news of prominent professional golfers bolting the PGA Tour to join the Saudi Sovereign Wealth Fund-backed LIV Golf professional tour.

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TTAB Reverses Genericness Refusal of "MULLET" for Bicycles Due to Mixed Evidentiary Record

The TTABlog

The Board reversed a genericness refusal to register the mark MULLET for "bicycles," on the Supplemental Register, giving the applicant the benefit of the doubt in light of the mixed evidentiary record. "[T]he evidence of record, when viewed in its entirety, fails to establish that the primary significance of MULLET to the relevant public is a type of bicycle, rather than a bicycle provided by a particular entity.

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Adidas Settles Ex-Tennis Coach's 'Inner Game' TM Suit

IP Law 360

Adidas has settled a federal lawsuit alleging the company's use of the term "Inner Game" to promote a line of products infringed on the name of a popular sports coaching movement launched in the early 1970s by author and former tennis instructor Tim Gallwey, his attorney said late Thursday.

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Seyfarth’s Trade Secrets Group Earns Top Tier Ranking from Legal 500 for Seventh Consecutive Year

Trading Secrets

The 2022 edition of The Legal 500 United States recommends Seyfarth Shaw’s Trade Secrets group as one of the best in the country. Nationally, for the seventh consecutive year, our Trade Secrets practice earned Top Tier. Based on feedback from corporate counsel, Seyfarth partners Michael Wexler, Robert Milligan, and Kate Perrelli are ranked in the editorial’s “Leading Lawyers,” Joshua Salinas is ranked in the editorial’s “Rising Stars,” and Dawn Mertineit is also recognized in the editorial.

Editing 59
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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen a South African mining company drilled over its decision to back out of the $1 billion acquisition of a Brazilian mine, Pfizer suing two rivals over patents, and the Ritz Hotel's owner seeking 5-star justice in a libel case against the Times. Here, Law360 looks at these and other news claims in the U.K.

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Fees for Delay

Patently-O

The typical office action rejection comes with a three month timeline, extendible for another three months with payment of a fee. The fee escalates for each month of delay. $220 – One Month Delay. $640 – Two Months Delay. $1,480 – Three Months Delay. After three months, the case is deemed abandoned and can only be revived based upon exceptional circumstances.

Patent 58
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Justices Told 'Cramped' Warhol Copyright Ruling Hurts Artists

IP Law 360

The Andy Warhol Foundation on Friday urged the U.S. Supreme Court to overturn the Second Circuit's ruling that found pop artist Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that the appeals court's "cramped" reading of what makes a work transformative will harm the art world and the creation of future works.

Artwork 75
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FDA Approves Amgen’s RIABNI™ (Rituximab-arrx) for Adults With Moderate to Severe Rheumatoid Arthritis

LexBlog IP

On June 6, 2022, Amgen announced that the U.S. Food and Drug Administration has approved Amgen’s RIABNI (rituximab-arrx), a biosimilar to Genentech’s RITUXAN®, in combination with methotrexate for treatment of moderate to severely active rheumatoid arthritis (RA). RIABNI has been approved since December 2020 for treatment of adult patients with Non-Hodgkin’s Lymphoma (NHL), Chronic Lymphocytic Leukemia (CLL), Granulomatosis with Polyangiitis (GPA) (Wegener’s Granulom

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Key Privacy Issues To Consider Before Launching An NFT

IP Law 360

There are five steps brands follow when launching NFT collections, and each should involve additional considerations to ensure privacy and data protection, such as evaluating obligations under privacy law and being aware of tactics used by bad actors to gain access to digital wallets, say Daniel Goldberg and Zachary Lewis at Frankfurt Kurnit.

Privacy 75
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Judge Throws a Flag on the Play in USFL IP Litigation

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

IP 52
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What Litigation Funding Disclosure In Delaware May Look Like

IP Law 360

A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

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Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

LexBlog IP

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The suit was originally levied by photographer Lynn Goldsmith after a 2016 Vanity Fair issue brought to light a series of images that Warhol produced of Prince based on a photogr

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Brand Battles: Frito-Lay Sees Red Over 'Flamin' Fruits' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Flamin' Hot Cheetos maker Frito-Lay is trying to block a trademark application for a "Flamin' Fruits" hot sauce — plus three other cases you need to know about.

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New York ethics rules do not destroy blogs as we know them

Likelihood of Confusion

Probably not, anyway. We were all upset and flustered over the proposed new rules. As actually enacted, they were considerably more mild and don’t seem to affect most law bloggers. The post New York ethics rules do not destroy blogs as we know them appeared first on LIKELIHOOD OF CONFUSION™.

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Adidas Claims Nike Stole Run Tracking, Shoe Technology ???????

IP Law 360

Adidas claims rival Nike's Run Club and SNKRS apps, as well as its app-controlled shoe adjustment system, all infringe its patented technology related to mobile fitness tracking and coaching, according to a lawsuit filed Friday in Texas federal court.

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Judge Throws a Flag on the Play in USFL IP Litigation

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

IP 52
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Albright Sends Google Voip-Pal Row To Calif., Keeps Amazon

IP Law 360

U.S. District Judge Alan Albright has allowed Google to transfer Voip-Pal's wireless patent suit against it in Texas to California, but didn't grant the same request by Amazon in related litigation, determining that the search engine could face difficulties remotely accessing evidence.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Copyrights - Small Claims Process at the Copyright Office

JD Supra Law

In this episode of Trending Now - An IP Podcast, Courtney Reigel and Janet Cho provide an update on the small claims process at the Copyright Office, including an overview of upcoming changes under the CASE Act and the Copyright Claims Board.

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9th Circ. Mulls If Valid Patents Moot FCA Suit Against Bausch

IP Law 360

A Ninth Circuit judge considering whistleblower allegations that Bausch Health fraudulently obtained a patent to prolong its monopoly on colitis drug Apriso pressed the plaintiff's attorney Friday on whether other valid patents also protected the drug, commenting, "If that's the case, then you don't have a False Claims Act claim.

Patent 52