Tue.Dec 07, 2021

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7 Takeaways from YouTube’s Copyright Transparency Report

Plagiarism Today

Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report. However, YouTube’s first report comes out in a very different context than the others. While it’s interesting to see the amount and kinds of copyright notices other providers see, YouTube has faced far more copyright criticism than those companies.

Reporting 260
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Trademark Protection for eSports and Gamers

Erik K Pelton

The brands of many professional online gamers have millions of followers and huge profits from endorsements, advertising, merchandise, and more, yet many of them are not protected. Erik provides some trademark tips and guidance for the eSports industry that is applicable to other brand owners, influences, and businesses as well. The post Trademark Protection for eSports and Gamers appeared first on Erik M Pelton & Associates, PLLC.

Trademark 133
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3 Count: Bowser’s Millions

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTube Says it Receives Millions of Incorrect Video Copyright Takedown Requests. First off today, Aimee Chanthadavong at ZDNet reports that YouTube has released its first every copyright report and, in doing so, has shined a light on the number and kinds of copyright requests it receives.

Licensing 173
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UK IPO launches call for views on Standard Essential Patents, innovation and competition

The IPKat

Image: gov.uk As published today on gov.uk, the UK's Intellectual Property Office (IPO) has launched a call for views on Standard Essential Patents (SEPs), intended to inform the position on whether the present framework requires change in order to best support innovation. This is a highly topical issue, with methods or devices which utilise technology that is essential to implementing a standard often being protected by patents, running the risk that a third-party manufacturer would be unable t

Patent 143
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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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Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act

The Trichordist

Learn about Radio Royalties and the American Music Fairness Act from industry stakeholders and experts during this FREE educational webinar sponsored by: Austin Music Foundation, Austin Texas… Read more "Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act".

Music 134
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Gary Bowser Agrees to Pay $10 Million in Piracy Damages to Nintendo

TorrentFreak

Hacking group Team-Xecuter was a thorn in the side of major gaming companies for a long time. The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Team-Xecuter defended its work by pointing out that their products are not necessarily pirate tools.

More Trending

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YouTube Processes 4 Million Content ID Claims Per Day, Transparency Report Reveals

TorrentFreak

Earlier this year we reported that Google had processed the five billionth DMCA takedown request for its search engine, a massive number. Google search has reported these numbers for nearly a decade. However, the volume of copyright claims sent to its sister site YouTube has remained a mystery. Until now. Yesterday, YouTube released its first-ever copyright transparency report which provides an in-depth overview of how many ‘infringements’ are reported on the platform.

Reporting 124
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Whither goest the patent troll?

The IPKat

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Since those heady days, this Kat has sensed a notable decline in the public decibel level. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject?

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Good Sports: Cleveland MLB and Roller Derby Teams Share GUARDIANS Name

IP Watchdog

The MLB baseball team formerly known as the Cleveland Indians has a new name that pays homage to the history of Cleveland. The team last rebranded in 1915, when it left behind its former name, the “Naps” (short for “Napoleons”) in favor of the “Indians.” Now, over a century later, the team has joined other sports franchises in retiring Native American names, mascots, and imagery imbued with negative and racist connotations.

Business 116
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Humanizing Copyright Infringement: “Who Is the Bad Art Friend?” by Robert Kolker

IPilogue

Lamont Abramczyk is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. It is common practice for jockeys to equip horses with blinders. The effect is to narrow a steed’s field of vision to prevent it from panicking or becoming distracted by peripheral objects.

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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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Albright Grants Rare Preliminary Injunction Against Fitness Company

IP Watchdog

On December 1, Judge Alan Albright, sitting in the Waco Division of the Western District of Texas, granted a preliminary injunction (PI) to Gonza LLC, finding that all four factors of the judicial test for injunctive relief favored Gonza. IPWatchdog is told it is one of only a handful of PIs Albright has issued. On July 28, 2021, Gonza LLC sued Mission Competition Fitness Equipment (MCF) in the Waco Division of the Western District of Texas.

Marketing 115
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Creator Spotlight with Singer/Songwriter Jason Scott

Copyright Alliance

This week we’d like to introduce you to singer/songwriter Jason Scott (aka King Jase). You can follow Jason on Instagram @kingjaseofficial. What was the inspiration behind becoming a creator? What […]. The post Creator Spotlight with Singer/Songwriter Jason Scott appeared first on Copyright Alliance.

Copyright 110
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Queer IP Attys Say It's Time To Break Down The L, G, B & T

IP Law 360

Queer attorneys on an American Intellectual Property Law Association panel Tuesday encouraged law firms and companies to stop seeing the LGBTQ community as a monolith and take the needs of each group into account individually.

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Labor Day Special: Nailing the arm and hammer trademark

Likelihood of Confusion

Nothing worse for diluting baking soda — or a baking soda brand — than a gazillionaire commie plowing the waters with your logo on his yacht, you’d think. The post Labor Day Special: Nailing the arm and hammer trademark appeared first on LIKELIHOOD OF CONFUSION™.

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Inequitable Conduct by Senior Party Broad Alleged in Interference No. 106,115 (and PTAB May Finally Hear Evidence About It)

JD Supra Law

An enduring and persistent (albeit until now unresolved) issue in the patent interferences involving the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") as Junior Party has been the question of whether Broad had committed inequitable conduct in prosecuting its patents- and applications-in-interference.

Patent 98
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Boldness in Innovation: PLOS’s CAP

Velocity of Content

In recent months, CCC has been working closely with Open Access publisher PLOS in the context of PLOS’s Community Action Publishing (CAP) program, and the more I learned about it, the more I thought that a short post about CAP fits right into the Agents of Change series on Velocity of Content. As one of the world’s leading open access publishers, PLOS has led the way for two decades in developing business models that make even its most selective open access journals truly open to read and open t

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Dear Patenticity: Patent Prophet

JD Supra Law

Dear Patenticity, I have a chemical invention and I want to obtain the broadest coverage I can. The problem is I have not done much lab work, so I only have a couple real examples. I know that the written description requirement says that I must have examples to justify a broad claim scope. But, I also know that so-called prophetic examples are allowed in patents.

Patent 98
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When And How To Depose Fact Witnesses Remotely In 2022

IP Law 360

Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

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Last Week in the Federal Circuit (November 22-27): Written Description - Cobbling Together Numbers After the Fact

JD Supra Law

The week of Thanksgiving was a slower one for the Federal Circuit. But we still got an interesting written description decision with a divided panel. 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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Hinman on UIPM Podcast Debut: Quarterly Reporting of IP Rights Boosts Companies and Investors

IP Close Up

Brian Hinman knows a thing or two about IP rights. Hinman believes that companies need to scrutinize them more systematically and openly if they hope Continue reading.

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USPTO’s Implementation of the Trademark Modernization Act of 2020

JD Supra Law

The Trademark Modernization Act of 2020 (“TMA”) provides for, inter alia, (a) streamlined proceedings to address registrations for marks that have never been in use or are not currently in use (expungement and reexamination proceedings), (b) new grounds upon which to seek cancellation of a registration, (c) expanded use of letters of protest, and (d) flexible time periods for responses to Office Actions.

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Chris Deeble appointed to OAFM Executive

Nelligan Law

Reading Time: < 1 minute On December 3, 2021, the provincial-level Board of Directors of the Ontario Association for Family Mediation (OAFM) elected Chris Deeble, member of the Family Law Group, as a director, where he will serve a three-year term. Couples can use family mediation to reach agreement when they separate. The mediator helps the couple identify issues and work out their own solutions in a safe and comfortable setting.

Law 86
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$1M Sanction Against Stan Lee's Daughter Flops At 9th Circ.

IP Law 360

The Ninth Circuit has refused to back a ruling from a California judge that saddled the daughter of Marvel comic book writer Stan Lee with $1 million in sanctions for her failed lawsuit against a company her father co-founded over ownership of her dad's name.

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Christopher & Weisberg is Seeking a Patent Attorney or Agent (Electrical & Mechanical Field)

IP Watchdog

Christopher & Weisberg, P.A. is seeking a Patent Attorney or Agent practicing n the Electrical & Mechanical field for the full-time, permanent, in-person position located in Plantation, FL. Christopher & Weisberg, P.A. is an IP Boutique firm located in South Florida with great people working together to serve great clients. This is not a posting for full-time remote or piece work.

Patent 69
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Holmes Defends Theranos' 'Aggressive' IP Protection At Trial

IP Law 360

Ex-Theranos CEO Elizabeth Holmes' cross-examination in her criminal fraud trial wrapped Tuesday, with Holmes conceding that she didn't tell investors Theranos was performing blood tests on modified third-party devices but defending that and other sometimes "aggressive" actions as necessary to protect the startup's trade secrets.

IP 75
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Right-Clicker Mentality and the NFT Critics

JD Supra Law

Not everyone is a believer of NFTs. After all, you can always right-click on any image, choose “save image as” from the drop-down menu, and download the identical image onto your device without paying a dime. Quite aptly, “right-clicker mentality” is a term that has been coined to describe NFT naysayers who do just that: they right-click-save the image without paying for the NFT and troll the person who actually did pay a hefty price to own it, because they do not believe in the NFT hype.

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Prison Phone Co. Says It's Immune To Rival's Collusion Suit

IP Law 360

Prison telephone service provider Global Tel Link Corp. is immune to antitrust claims that it tried to box a rival out of doing business with a Pennsylvania county because it was in contract with the county at the time and operating under the supervision of the state, the company has told a federal court.

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targeting residents of one building can be advertising or promotion

43(B)log

De Cortes v. Brickell Investment Realty, LLC, F.Supp.3d -, 2021 WL 5768173, NO. 21-21109-CIV-ALTONAGA/Torres (S.D. Fla. Jul. 1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. “Defendants represent clients in and out of Florida in the negotiations for the purchase or sale of real property.

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Federal Circuit Draws a Hard Line Against “Obvious to Try” Analysis

Patently-O

by Dennis Crouch. Teva Pharmaceuticals, LLC v. Corcept Therapeutics, Inc. , Dockt No. 21-1360 ( Fed. Cir. 2021 ). This is an interesting pro-pharma obviousness decision coming out of the PTAB regarding obviousness of particular drug dosages. Here, the particular drug was known to work well, but there were concerns about drug safety. And, there were a couple of particular tests that clearly would have been obvious to try.

Art 64
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International Biosimilar Approval and Launch Updates

LexBlog IP

On November 25, 2021, Japan-based Mochida Pharmaceutical Co. announced that its adalimumab biosimilar, Adalimumab BS MA, had been launched in Japan following the listing of the drug on the National Health Insurance. According to the press release , Adalimumab BS MA is the first adalimumab biosimilar to Humira currently distributed in Japan. On December 1, 2021, TOT BIOPHARM announced that its self-developed Pusintin® (TAB008, bevacizumab injection) was approved by the National Medical Produ

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Federal Circuit Patent Watch - December 2021

JD Supra Law

Precedential Federal Circuit Opinions - INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. [OPINION] (2020-2073, 2020-2142, 11/24/21) (Lourie, Linn, Dyk) Lourie, J. Affirming Board decision in IPR of patent relating to orally dissolvable films. Some claims were found unpatentable because they were not entitled to their alleged priority date and a reference published after that date taught the claimed formulations.

Patent 52
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More Oversight is Coming!

LexBlog IP

About one year ago today, I wrote a post called “Changes are Coming – Be Prepared to Disclose Beneficial Ownership in 2021.” Although those changes (i.e. the requirement that all businesses disclose their beneficial owners in a federally run database) have not come to pass yet, they are still on the way – so keep an eye out in 2022.

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Supreme Court: PTAB Judges Unconstitutionally Appointed; Court Gives Director Supervisory Authority

JD Supra Law

In United States v. Arthrex, Inc., the Supreme Court held that Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) are unconstitutionally appointed. However, the Court resolved the problem by making PTAB determinations reviewable by the U.S. Patent and Trademark Office (USPTO) Director.

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NY Atty Who Missed 7th Circ. Hearing Reprimanded

IP Law 360

A New York lawyer has been chastised by the Seventh Circuit for "neglect of her duties" in an appeal of a trademark dispute, after giving an unacceptable answer to a potential sanction order.

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Noted with Interest: The Federal Circuit Blurs a Once Bright-Line Rule Regarding Personal Jurisdiction

JD Supra Law

Patent owners seeking to assert their rights in forums outside their home states may now need to think twice about whether to hit send on a cease-and-desist or demand letter. For the past two decades, since the Federal Circuit’s decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998), patent owners have been able to send cease-and-desist letters to alleged infringers in other states without subjecting themselves to personal jurisdiction in that other forum.