Mon.Jan 17, 2022

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Winnie the Pooh, the Public Domain and Winnie’s Canadian Connection

Hugh Stephens Blog

On or around January 1 each year we get a recrudescence of the same old story, a “celebration” of all the works that have just entered the public domain in the United States.

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VPN Provider Agrees to Block Torrent Traffic and The Pirate Bay on U.S. Servers

TorrentFreak

Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in piracy activities. Over the past few years we have seen copyright holders take several ISPs to court, accusing them of failing to disconnect repeat copyright infringers.

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Spotify Successfully Opposes Two Marijuana-Related Trademark Applications

IP Watchdog

On January 11, the U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. Applicant U.S. Software Inc. filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively.

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Browser Extension Adds Sci-Hub Download Links to Publishers’ Websites

TorrentFreak

Given its reputation for tearing down paywalls to deliver knowledge and enlightenment to academics, students and researchers, Sci-Hub remains one of the internet’s most valuable data resources. Praised by all who find its services useful or even vital, Sci-Hub also has to deal with attacks from publishing giants who would prefer to see the platform taken offline, or blocked by ISPs wherever that is a viable option.

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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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Exporting Patents: Boiled, Broiled, Barbecued or Fried

Patently-O

by Dennis Crouch. Back in 1969, long before Bubba Gump, Louisiana Judge Alvin Rubin explained the virtues of shrimp: “Shrimp, whether boiled, broiled, barbecued or fried, are a gustatory delight.” Laitram Corp. v. Deepsouth Packing Co., 301 F. Supp. 1037 (E.D. La. 1969). The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.

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Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law?

SpicyIP

Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India. The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post.

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Top Three Stories of 2021

JD Supra Law

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. .

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Law360 Names Practice Groups Of The Year

IP Law 360

Law360 would like to congratulate the winners of its 2021 Practice Groups of the Year awards, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

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The Federal Circuit Finds IPR Petitioner Has Standing

JD Supra Law

On December 28, 2021, the Federal Circuit issued another decision addressing an appellant’s standing to appeal inter partes review (“IPR”) decisions from the PTAB. The patent community has seen several opinions over the last couple of years as the Federal Circuit continues to navigate the complicated waters of what is and is not sufficient to satisfy Article III standing.

Patent 104
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The Firms That Dominated In 2021

IP Law 360

Nine law firms have earned spots as Law360's Firms of the Year, with 52 Practice Group of the Year awards among them, having steered complex deals and won high-profile victories including at the U.S. Supreme Court.

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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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Best of 2008: The Long and Rocky Road

Likelihood of Confusion

This was first posted on May 7, 2008. Irvin Robbins, the co-founder of the Baskin-Robbins ice cream chain, died yesterday. Here’s how much time has passed since just about the. The post Best of 2008: The Long and Rocky Road appeared first on LIKELIHOOD OF CONFUSION™.

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Here’s How Cancer Treatments are Evolving

IP.com

Almost 40% of people will receive a cancer diagnosis at some point during their lives, according to the National Cancer Institute. This statistic makes it obvious why governments, universities, and. The post Here’s How Cancer Treatments are Evolving appeared first on IP.com - IP Innovation and Analytics.

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CAFC reins in obvious-try-attack against dosage patent (Teva v Corcept)

The IPKat

Following on from last week's post on the written description requirement in the US ( IPKat ), this Kat's attention has been drawn to yet another interesting decision from the Court of Appeal of the Federal Circuit (CAFC) in the life sciences field. In Teva v Corcept Therapeutics , the CAFC soundly rejected an obvious-to-try attack on a dosage regime claim.

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3 Tactics for Strategic IP Harvesting

IP.com

Monetizing intellectual property is much like gathering crops at the end of the season, hence the phrase “IP harvesting.” Engineers, researchers, programmers, and other employees tasked with innovation can ideate. The post 3 Tactics for Strategic IP Harvesting appeared first on IP.com - IP Innovation and Analytics.

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Deputy Secretary Graves Commemorates Dr. King’s Birthday at Digital Equity Roundtable with HBCU Presidents

U.S. Department of Commerce

Deputy Secretary Graves Commemorates Dr. King’s Birthday at Digital Equity Roundtable with HBCU Presidents. January 17, 2022. KCPullen@doc.gov. Mon, 01/17/2022 - 09:54. Investing in communities and workers. To commemorate the birthday of Dr. Martin Luther King Jr., U.S. Deputy Secretary of Commerce Don Graves, U.S. Senators Ben Cardin and Chris Van Hollen and Baltimore Mayor Brandon Scott joined Historically Black College and University (HBCU) presidents and representatives at a roundtable to d

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Property Rights Groups Urge Garland and Kanter to Withdraw ‘Misguided’ Policy Statement on SEPs Subject to FRAND

IP Watchdog

On January 12, a coalition of 28 property rights groups signed a letter addressed to U.S. Attorney General Merrick Garland and Assistant Attorney General for Antitrust Jonathan Kanter asking those officials to reconsider and withdraw a draft policy statement issued in early December regarding licensing negotiations and remedies for standard-essential patents (SEPs) subject to voluntary fair, reasonable and non-discriminatory (FRAND) commitments.

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Four Appeals at the Supreme Court of Canada in the 2022 Winter Session

JD Supra Law

The Supreme Court of Canada winter term has begun. While the court will be hearing mostly criminal law matters, in January through March, it will consider four cases that may interest the business community or organizations facing civil litigation.

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What is the cost of a PCT patent application?

Patent Trademark Blog

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g., whether the utility patent application needs to be drafted). PCT government fees which will also vary depending upon which governmental patent office you choose.

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Patent Owner Tips for Surviving an Instituted IPR: From Depositions to Sur-Replies

JD Supra Law

As a Patent Owner in an instituted Inter Partes Review (IPR), there are dozens of considerations to bear in mind – from strategically approaching depositions and maximizing expert testimony, to drafting the final say in your sur-reply. The Mintz IPR team authored the “Patent Owner Tips for Surviving an Instituted IPR” series to provide valuable practice insights from institution forward.

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Trademark Statement of Use: What Is It?

LexBlog IP

A trademark Statement of Use (“ SOU ”) is a sworn statement that provides United States Patent and Trademark Office (“USPTO”) proof of use in commerce via (1) a specimen and (2) a $100 fee/Class. If you filed a Section 1(b) Intent to Use application , you will need to file a Statement of Use before the USPTO allows you to register. Below, I explain: what a Statement of Use is, when to file it, what documents you must provide, and. the trademark Statement of Use fee.

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Looking Back at 2021: PTAB Trial and Appeal Statistics

JD Supra Law

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). The majority of petitions filed are for Inter Partes Review (IPR), with less than 10% of petitions filed for Post Grant Review (PGR). By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Herbert Smith Freehills partners Will Glassey and Silke Goldberg named in this year's Hot 100 List

Herbert Smith Freehills

Herbert Smith Freehills partners Will Glassey and Silke Goldberg have been showcased in this year's Hot 100 list, compiled by The Lawyer magazine to celebrate the very best of the legal profession. . The annual report identifies the UK lawyers working on the “biggest trials and deals of our time”, and those who through their efforts are “making the legal profession better in one way or another: more sophisticated, more innovative, more diverse, more fair”.

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The New Copyright Claims Board

JD Supra Law

Copyright infringement cases are costly and time-consuming, but there is now an alternative for smaller claims – a new small claims tribunal for copyright matters involving less than $30,000. In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 which directed the Copyright Office to establish the Copyright Claims Board (the “CCB”).

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Tinder Accuses Rival App For Muslims Of Ripping Off IP

IP Law 360

A lawyer for the U.S. company behind Tinder told a judge on Monday that a dating app for Muslim users has been ripping off its look and service for more than a decade, violating its trademark and patent protections.

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Models Obtain Default Judgment Against Club for Use of Their Photographs

JD Supra Law

Jessica Hinton, et al., Plaintiffs, vs. Completely Innocent LLC, Defendant - United States District Court for the District of Arizona No. CV-21-01019-PHX-SPL - Opinion issued January 7, 2022 - Arizona Right of Publicity, Lanham Act false endorsement.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. In this article, I would discuss how it is possible, given the fact those names lack distinctiveness.

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Sports & Entertainment Spotlight: The New York Giants and New York Jets Football Teams Sued By a Fan Over the Use of “New York” in Teams’ Names

JD Supra Law

Welcome back to another week of the “Sports & Entertainment Spotlight.” Sadly, for the third week running (first legendary NFL coach and broadcaster John Madden, then beloved Golden Girl, Betty White), the S&E world is coming to grips with the passing of another indelible figure of their respective crafts — this time comedian, “America’s Dad” for the ‘80s and ‘90s (and by all accounts a great person), Bob Saget.

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What Indian startups want from IP counsel, and how to help them

Managing IP

Counsel from four tech-based startups in India discuss how IP is perceived in-house, its role in raising funding and why businesses must scale up IP capabilities

IP 52
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[Ongoing Program] Hiring from the Competition in a High-Risk, High-Reward Labor Market - January 25th, 12:00 pm - 12:30 pm ET

JD Supra Law

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country. An ever-changing patchwork of recent state legislation, federal administrative action, and an increasing number of cases being decided on these issues.

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Duc Nguyen

Herbert Smith Freehills

Profile Picture : First Name : Duc. Last Name : Nguyen. Job Title : Of Counsel. Phone Number : +65 6868 9818 +65 6868 9818. Email : Email Duc.Nguyen@hsf.com.

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Ericsson sues Apple for patent infringement as cross-licence deal expires

IAM Magazine

Swedish telco asserts patents against the iPhone maker in the Western District of Texas and at least one jurisdiction outside the US.

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Our Favorite Holiday: Public Domain Day!

LexBlog IP

On January 1, 2022, copyrighted works from 1926 will enter the US public domain. That means that anyone can copy, share, and build upon that work , but it doesn’t mean the public can do the same for things that are already derived from the original. What do I mean by that? Well, the first Winnie-the-Pooh book from A. A. Milne will enter the public domain, but that doesn’t mean all of the cartoons are.

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Ericsson sues Apple for patent infringement as cross-licence deal expires

IAM Magazine

Swedish telco asserts patents against the iPhone maker in the Western District of Texas and at least one jurisdiction outside the US.

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What is the cost to file a PCT application?

Patent Trademark Blog

What factors affect the cost to file a PCT application? Whenever you’re trying to estimate the cost of a patent filing, recognize that the total cost will typically consist of two primary factors. The first factor is attorney’s fees which will vary widely between firms and the amount of work involved (e.g., whether the utility patent application needs to be drafted).

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Ericsson sues Apple for patent infringement as cross-licence deal expires

IAM Magazine

Swedish telco asserts patents against the iPhone maker in the Western District of Texas and at least one jurisdiction outside the US.