Fri.Mar 04, 2022

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Hollywood & Netflix Obtain High Court Orders to Block Dozens of Pirate Sites

TorrentFreak

In the UK it’s possible for copyright holders to obtain High Court injunctions to have pirate sites blocked by major internet service providers including BT, EE, Plusnet, Sky, TalkTalk and Virgin Media. This anti-piracy strategy has been regularly utilized by rightsholders since 2011 when the first blocks against Usenet indexer Newzbin came into force.

Music 111
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Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v.

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A Dove Has Spread Her Wings and Asks for Peace: Ukrainian Cultural Heritage at Risk

IPilogue

Maria Prymachenko, A Dove Has Spread Her Wings and Asks for Peace (1982). Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School. On February 25, invading Russian forces burned the Ivankiv Historical and Local Museum, and the many culturally and historically significant pieces it housed, to the ground. The Museum’s collection included roughly 25 paintings by Maria Prymachenko, the celebrated Ukrainian artist world-famous for her colourful folk art style.

Art 106
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OpenSky Attorney Emails Expose the Seedy Underbelly of PTAB Practice

IP Watchdog

The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) has been a lightning rod since it was established on September 16, 2012. In recent years, it is undeniable that the PTAB has become fairer, although there are still obvious improvements that can and should be made. Unfortunately, the fact that the tribunal has become more even handed and offers more meaningful process and procedural protections to patent owners does not mean that the overall PTAB pr

Patent 105
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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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Publishing Unites Against War, Putin

Velocity of Content

Days after Russian president Vladimir Putin began an invasion of Ukraine with unprovoked attacks by land, sea and air, an alliance of Russian book publishers, booksellers, editors, translators, critics, illustrators, designers, typesetters, proofreaders, printers, librarians, and booksellers, issued an online protest. “The war must cease immediately, and the initiators and participants of the military aggression must be stripped of their ranks and titles and brought to justice,” a group state

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Switching Study Concludes That Transition From Humira To Samsung Bioepis’s Adalimumab Biosimilar Is Safe and Effective

JD Supra Law

Results of the PROPER study, an interim analysis assessing the safety and efficacy of switching from Abbvie’s Humira to Samsung Bioepsis’s biosimilar adalimumab product, SB5, were presented last week at the European Crohn’s and Colitis Organization’s annual meeting.

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More Trending

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AIPLA and IPO Urge Senate to Confirm Nominee for USPTO Director

JD Supra Law

Last week, the American Intellectual Property Organization (AIPLA) and Intellectual Property Owners Association (IPO) sent a letter to Sen. Chuck Schumer (D-NY), the Senate Majority Leader, and Sen. Mitch McConnell (R-KY), the Senate Minority Leader, to "urge the U.S. Senate to move swiftly to confirm" Kathi Vidal, the Managing Partner of Winston & Strawn's Silicon Valley office, as the next Under Secretary of Commerce for Intellectual Property and Director of the U.S.

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Ed Sheeran Copyright Battle Begins To Take 'Shape' At Trial

IP Law 360

Two musicians accusing Ed Sheeran of infringing their copyright with his hit song "Shape of You" told a London court on Friday that the pop star is a "magpie" who "borrows ideas" when writing his songs, kicking off a three-week trial.

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Good-Faith Mistakes of Law Will Not Invalidate Copyright Registrations

JD Supra Law

Ignorantia juris non excusat, or, ignorance of the law is no excuse, is a familiar maxim. However, the Supreme Court ruled last week that good-faith mistakes of law will not invalidate otherwise valid copyright registrations. Drawing on current safe harbor provisions in the Copyright Act excusing good-faith mistakes of fact in copyright applications, the Court emphasized that the purpose and policy behind the Act is to make copyright protection more accessible to non-lawyer creators, not more.

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BitTorrent is Still the King of Upstream Internet Traffic, But for How Long?

TorrentFreak

Many Internet traffic reports have been published over the years, documenting how traffic patterns change over time. One of the trends that emerged in recent years, is that BitTorrent’s share of total Internet traffic decreased. With the growth of services such as YouTube, Netflix, and TikTok, streaming has consumed massive amounts of bandwidth. As a result, BitTorrent lost a significant chunk of its ‘market share’ BitTorrent Comeback?

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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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PTAB Issues Decision Awarding Priority of Invention of CRISPR Gene Editing Patents to Broad Institute

JD Supra Law

The Patent Trial and Appeal Board issued a decision on February 28 awarding priority of invention of foundational CRISPR gene editing patents to the Broad Institute, Massachusetts Institute of Technology, and Harvard University. Pending an expected appeal, the decision ends a long-running dispute between the institutions and competing claims to the technology by UC Berkeley, the University of Vienna, and Emmanuelle Charpentier.

Editing 98
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Infographic | It’s time to use the administrative courts in Colombia

Olartemoure Blog

La entrada Infographic | It’s time to use the administrative courts in Colombia se publicó primero en OlarteMoure | Intellectual Property.

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Federal Circuit: PTO Director Decisions Vacating Ex Parte Reexamination for Estoppel Subject to Judicial Review

JD Supra Law

In Alarm.com Inc. v. Hirshfeld, the US Court of Appeals for the Federal Circuit ruled that decisions by the US Patent and Trademark Office Director vacating ex parte reexamination based on estoppel may be subject to judicial review under the Administrative Procedure Act.

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Accused Infringer’s Penalties for Violating Consent Order Remain – Despite Patent being Later Found Invalid

Patently-O

by Dennis Crouch. DBN Holdings (DeLorme) v. International Trade Commission ( Fed. Cir. 2022 ). This case is a bit complicated procedurally — the basic facts are here: BriarTek’s brought an ITC action against DeLorme (now DBN) asserting U.S. Patent No. 7,991,380 covering “two-way global satellite communication devices.” DBN settled that dispute and agreed to stop importing the accused products.

Patent 75
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Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

JD Supra Law

Nonprofits should be aware of a troubling trend: phishing emails disguised as legitimate Digital Millennium Copyright Act (DMCA) Takedown Notices. Hackers use this ruse to grab your attention by accusing you of violating the law.

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competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

Pan 4 America, LLC v. Tito & Tita Food Truck, LLC, 2022 WL 622234, No. DLB-21-401 (D. Md. Mar. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. They then allegedly “hijacked” plaintiffs’ Facebook page—their main online platform—to promote Tito & Tita, a competing business.

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Fed. Circ. Affirms PTAB 73% Of Time, Finnegan Attys Say

IP Law 360

Of the 987 appeals of Patent Trial and Appeal Board rulings that the Federal Circuit decided from 2012 through the end of January, the appeals court affirmed the PTAB on every issue in 721 cases, or 73.05% of the time, according to the Finnegan Henderson Farabow Garrett & Dunner attorneys who analyzed the data.

Patent 75
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Other Barks & Bites for Friday, March 4: Judge Michel Urges SCOTUS to Fix Section 101, CAFC Puts Appellate Bar on Notice of Sanctions for COVID-19 Protocol Violations, and Fifth Circuit Modifies Verdict on Trade Secret Misappropriation

IP Watchdog

This week in Other Barks & Bites: the Senate Judiciary advances the controversial nomination of Gigi Sohn to serve on the FCC; the Fifth Circuit nixes “license-to-all” arguments in an antitrust case brought against an SEP owner refusing to license a components supplier; the Fifth Circuit also modified a district court judgment on trade secret misappropriation to avoid double recovery; the Federal Circuit issues a decision putting the appellate bar on notice that violations of its revised in

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Ax Of $85M Verdict Shows Hurdles In Proving Patent Damages

IP Law 360

A recent Federal Circuit decision tossing an $85 million patent verdict against Apple illustrates the pitfalls that patent owners face when basing their damages theories on previous licenses that cover vast numbers of patents and sheds light on how closely the appeals court scrutinizes large awards.

Patent 75
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Transitional Arrangement Under Trips Agreement

IP and Legal Filings

Introduction. ‘TRIPS’ is an acronym for the international legal agreement on Trade-Related Aspects of Intellectual Property Rights between all the member countries of the World Trade Organization (WTO) which states minimum standards to regulate the various types of IP by national governments. The term transitional period in WTO is the time period necessary for WTO members (developed, developing, and least developed countries) in which they need to meet the obligations as given in the TRIPS Agree

IP 67
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Brand Battles: Nike Aims Shot At 'Just Sue It' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nike is rekindling a feud against an old rival, Already LLC, for requesting a registration on the phrase "Just Sue It" as a trademark — plus three other cases you need to know about.

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Side panel disclosure not enough to avoid "flushable" false advertising suit

43(B)log

Wyant v. Dude Prods., Inc., 2022 WL 621815, No. 21-cv-00682 (N.D. Ill Mar. 3, 2022) Plaintiffs sued the makers of Dude Wipes [I really must ask: are men ok?] for falsely advertising them as “flushable” under California’s CLRA/UCL/FAL, NY’s GBL, Illinois’s ICFA, and breach of warranty. Plaintiffs alleged that Dude Wipes “are not flushable because they do not disperse in a reasonable amount of time after flushing or clear sewage systems without causing clogs.

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At PTAB, Google Loses HVAC Patent Fight

IP Law 360

Google has lost its efforts to convince the Patent Trial and Appeal Board that a patent owned by a smart-home energy startup called EcoFactor is just a combination of two decade-old patents that also cover saving energy with thermostats.

Patent 75
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TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?

The TTABlog

Yesterday's SWEET GEORGIA BROWN case brought the TTAB's shutout streak for 2022 to 37 affirmances of Section 2(d) refusals without a reversal. Here are four more appeals decided this week. Has the streak been broken? Answer in first comment. In re Probuild Software Inc. , Serial No. 88009774 (February 18, 2022) [not precedential] (Opinion by Judge Michael B.

Designs 58
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CBD Co. Accuses Amazon Sellers Of Stealing Name And TM

IP Law 360

CBD company Wellness Brands, which does business as Keoni Sport, has sued several sellers on Amazon, accusing them of trademark infringement for allegedly using the Keoni mark to sell fake CBD gummies that they claim will help with pain and anxiety.

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Instagurlz

Likelihood of Confusion

You should subscribe to Julie Nolke’s channel (and my slightly less popular one of course). The post Instagurlz appeared first on LIKELIHOOD OF CONFUSION™.

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USPTO Cuts Ties With Russia Following Ukraine Attacks

IP Law 360

The U.S. Patent and Trademark Office announced Friday that it has severed ties with its Russian equivalent over the invasion of Ukraine, mirroring a similar move by the European Patent Office earlier this week.

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More on virtual infringement

Likelihood of Confusion

I’ve already written about what they’re writing about it, and now, so has Victoria Pynchon. Originally posted 2013-01-13 22:41:32. Republished by Blog Post Promoter. The post More on virtual infringement appeared first on LIKELIHOOD OF CONFUSION™.

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

IP Law 360

This past week in London has seen an art collector sue a marketplace for non-fungible tokens, a British rap trio do battle with their manager, and two DIY stores throw the kitchen sink at each other over designs. Here, Law360 looks at those and other new claims in the U.K.

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Why intellectual property rights are important for startups seeking funding from investors

LexBlog IP

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Sports & Entertainment Spotlight: Sports and Entertainment Industries’ Response to the War in Ukraine; and Larry David’s Documentary Launch That Was Scrubbed a Day Before its Premiere

JD Supra Law

As I write this, Ukraine remains under siege and its people (courageous and resolute as they are) subject to indiscriminate atrocities at the hands of Russian armed forces under the deranged authoritarian control of President Vladimir Putin. While in this moment, it is easy to become jaded, I find myself inspired by the "Profiles in Courage" (most significantly from Ukrainian President Volodomyr Zelenskyy), as well as the worldwide rebuke/response to this misbegotten war.

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Biocon Biologics Ltd. To Acquire Viatris Biosimilars Portfolio

LexBlog IP

On Monday, Biocon Biologics Limited (Biocon) announced that it will acquire Viatris’ rights in biosimilars assets for up to $3.3 billion. Viatris and Biocon previously partnered to bring SEMGLEE to market in the U.S. SEMGLEE (insulin glargine-yfgn) injection launched last year in the U.S. as the first-ever interchangeable biosimilar approved by the FDA.

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2021 Design Patents Year in Review: Analysis and Trends: Patent Trial and Appeal Board: Design Patents Continue to Escape Challenges

JD Supra Law

Continuing the trend that we analyzed in May 2020, petitions to the US Patent and Trademark Office Patent Trial and Appeals Board (PTAB) requesting inter partes review or post-grant review for design patents maintained an institution rate well below 50% in 2020. Specifically, the design patent institution rate reached only 27%. This is based on a total of 18 institution decisions (5 granted, 13 denied), each involving grounds of prior art.

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Del. Fed. Court Enacts Plan To Handle Judge Stark's Departure

IP Law 360

Delaware's district court has instituted revised procedures to reassign Judge Leonard P. Stark's busy caseload as he gets ready to join the Federal Circuit, as well as deal with cases filed before a new judge is seated.

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How NDAs between potential business partners can be used to prohibit or permit IPR petitions

IAM Magazine

Chief IP counsel must know how to use recent Federal Circuit precedent to draft non-disclosure agreements that either allow or block future IPRs based on their business needs.