Fri.Apr 15, 2022

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DuckDuckGo Removes Pirate Sites and YouTube-DL from Its Search Results

TorrentFreak

Launched in 2008, search engine DuckDuckGo is a go-to service for Internet users who value their privacy. Unlike many competitors, the site doesn’t keep a record of users’ IP addresses or other sensitive information. In recent years, the site also stood out by returning cleaner results than competitors such as Google, which actively alters its algorithms to downrank pirate sites.

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Other Barks & Bites for Friday, April 15: Australian Appeals Court Rejects DABUS AI Inventorship, Brent Lutes is Copyright Office’s First Chief Economist, and Judge Albright Invalidates Reissue Claims Under Original Patent Doctrine

IP Watchdog

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy announce a forthcoming bill to limit petitioner challenges at the PTAB, preventing abuse; the U.S. Chamber of Commerce publishes an open letter to Congress in support of bills limiting the Executive Branch’s ability to authorize a waiver of IP obligations under TRIPS; the Federal Court of Australia overturns a previous decision that had found DABUS AI as a legitimate inventor on patent applications filed in Australia;

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YouTube Rejects Movie Piracy Claims and Content ID Critique

TorrentFreak

Last year, Spanish-born movie tycoon Carlos Vasallo sued YouTube over various piracy related claims. The actor and producer own the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. The lawsuit accused YouTube of not doing enough to stop people from uploading pirated content.

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Sen. Hawley Merchandising That Photo Ain’t Fair Use

The Illusion of More

Mickey Osterreicher, general counsel for National Press Photographers Association (NPPA), wrote an open letter to Senator Josh Hawley of Missouri telling him to stop using a photograph on tee shirts and other campaign merchandise. You know the photo. The one of Hawley raising a fist of solidarity to a mob of knuckle-dragging seditionists shortly before […].

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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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Federal Circuit Vacates PTAB Ruling After Failure to Address Cost Reduction as Factor in Obviousness Finding

IP Watchdog

Earlier this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a decision by the Patent Trial and Appeal Board (PTAB) in a post grant review where the PTAB concluded that Everstar did not meet its burden to demonstrate the challenged claims were unpatentable as obvious because it failed to show a motivation to combine the asserted prior art.

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How Much “Dune” You Know about Copyright?

McBayer IP Blog

Posted In copyright , copyright license , Intellectual Property A few months ago, an NFT group known as “Spice DAO” made the news for paying nearly $3 million at auction for a rare book of filmmaker Alexander Jodorowsky’s storyboards and concept art for a never-to-be-made adaptation of Frank Herbert’s epic science fiction novel Dune —and announcing their plans to use their purchase to make and sell their own adaptations and derivative works as well as copies of the

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Musicians Sing For Class Cert. In UMG Copyright Suit

IP Law 360

Musicians suing Universal Music Group and Capitol Records to regain control of their songs asked a New York federal judge Friday for class certification, saying the record labels have violated copyright law and deprived hundreds of artists of their ability to reclaim rights over their works.

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Unified Patent Court to Officially Open in Europe

JD Supra Law

A Unified Patent Court (UPC) is expected to officially open its doors in Europe in late 2022 or early 2023. The UPC is a patent?specific court established by 24 participating European Union (EU) member states, with the goal of enhancing legal certainty and decreasing the need for parallel litigation. The UPC does not replace existing courts, but instead provides an additional forum with specialized patent?

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Roche Ruling Highlights High Bar For Induced Infringement

IP Law 360

A recent Federal Circuit decision vacating a $137 million patent verdict against Roche underscores the hurdles to proving induced infringement, namely by stressing it is closely tied to willful infringement and requires an element of intent to cause others to infringe.

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April 19 Sunrise Deadline to Register Brands in Alternative Root Domains Such As (dot)NFT

JD Supra Law

A new internet frontier is opening, one that is not associated with or controlled by the Internet Corporation for Assigned Names and Numbers (ICANN) and shares little in common with the more well-known and used TLDs such as.com,net,org., and.biz. These new TLDs, called Alternative Root Domains, depend on blockchain as a means to access content.

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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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Brand Battles: Warner Bros. Fights 'Espresso Patronum' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Harry Potter studio Warner Bros. wants to stop a coffee roaster from registering the phrase "Espresso Patronum" as a trademark — plus three other new cases you need to know.

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Amgen Inc. v. Vidal (Fed. Cir. 2022)

JD Supra Law

Earlier today, the Federal Circuit reversed the Final Written Decision, and reconsideration of that decision, by the U.S. Patent and Trademark Office Patent Trial and Appeal Board, which determined that claims 1-24 of U.S. Patent No. 8,952,138 were unpatentable under 35 U.S.C. § 103(a).

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9th Circ. Won't Rehear IP Suit Against Shyamalan, Apple

IP Law 360

The Ninth Circuit has refused to review en banc its decision to revive an indie director's claims that M. Night Shyamalan copied her 2013 film to make a series for Apple TV+ with the same premise, after no circuit judge asked for a vote to rehear the case.

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Important Considerations for Limitation of Liability Carveouts

JD Supra Law

Limitation of liability provisions are standard in almost every contract and are essential in helping the contract parties limit their risk. These provisions typically contain a broad disclaimer of consequential damages and a cap on direct damages; however, it is common practice to exclude certain types of damages from such disclaimers and/or caps.

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Patent Strategy Considerations After Caltech Estoppel Ruling

IP Law 360

The Federal Circuit's recent Caltech v. Broadcom decision, its errata and subsequent case law applying inter partes review estoppel highlight the need for thorough due diligence and precise development of litigation strategy before deciding to enforce or invalidate certain patents, say attorneys at Goldberg Segalla.

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Artificial Intelligence and IP rights: threats and opportunities

JD Supra Law

The EUIPO study - On March 2, 2022 the European Union Intellectual Property Office (EUIPO) published its “Study on the impact of artificial intelligence on the infringement and enforcement of copyright and designs” (the Study), describing current and future connections between IP law and artificial intelligence and the implications of technology transformation on the IP system.

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Is the Happiest Place on Earth About to Lose its Smiling Face?

LexBlog IP

By: Haley Sink. When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? The original version of Mickey Mouse, from the 1928 “Steamboat Willie” cartoon, will go out of U.S. copyright protection in 2024.

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[Audio] Podcast: The Briefing by the IP Law Blog - March Madness Marketing Rebounds With a New Twist

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes.

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Celltrion’s CT-P6 Demonstrates Equivalent Safety, Efficacy With HERCEPTIN

LexBlog IP

A recently-published study reported that Celltrion’s CT-P6 (HERZUMA, trastuzumab-pkrb) demonstrated equivalent safety and efficacy compared with reference drug HERCEPTIN when used to treat patients with HER2-positive advanced gastric cancer. This is the first study to directly compare the safety and efficacy of CT-P6 against HERCEPTIN in patients with advanced gastric cancer. 102 patients were treated with first-line trastuzumab chemotherapy in combination with fluoropyrimidine/platinum ch

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District Court Dismiss Inequitable Conduct Claim Alleging Inferred Knowledge of Prior Art Based on Wide Spread Availability

JD Supra Law

In California Costume Collections, Inc v. Pandaloon, LLC, 2-21-cv-01323 (CDCA Apr. 7, 2022) (John W. Holcomb), the Central District of California recently considered whether a plaintiff plead an inequitable conduct claim with the required particularity concerning knowledge of materiality. In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of

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How Does the Sale of Music Rights Change Copyright Litigation?

JIPEL Copyright Blog

When confronted with instability, investors smartly flock to stable assets that can withstand the winds of economic change. Although these assets tend to be stable financial instruments like treasury bills or commodities like gold, money has recently been flowing into an even older, more human, asset that we can all appreciate: music (or more specifically, music rights ).

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Part 1: What You Need to Know About Amazon FBA Asset Purchase Agreement

JD Supra Law

In the U.S., most transactions involving the purchase of an Amazon FBA business involve the purchase of the business’ assets as opposed to the entirety of the business. These transactions are known as asset purchase deals and are effectuated through an asset purchase agreement (APA).

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Soaring Book Sales Take A Fall

Velocity of Content

NPD Bookscan has reported that unit sales of print books fell in the first quarter for 2022, down 8.9% from the same period in 2021. In 2021, first-quarter book sales soared 29.2% over the same period in 2020. Unit sales were 183.9 million in the most recent quarter — down from 201.9 million in 2021, although 16% more than for the first quarter of 2020.

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Stone Brewing Co. LLC v. Molson Coors Brewing Company – Ruling in Trademark Infringement Brewery Battle Serves Up Important Reminders for Brand Owners

JD Supra Law

On March 25, 2022, after a contentious, four year-long court battle, a jury awarded Stone Brewing Co. $56 million in damages against beer conglomerate MillerCoors, now Molson Coors, finding that MillerCoors infringed the craft brewery’s STONE trademark. Though Stone Brewing initially sought $256 million in damages, the brewery’s co-founder, Greg Koch, celebrated the verdict as a major victory, calling it “a historic day for Stone Brewing, and for the craft beer industry.

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March Madness Marketing Rebounds With a New Twist

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss how marketing practices changed for the March Madness tournament this year, and what that meant for athletes. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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How to Protect a Trademark or Service Mark for a Brewery or Beer Name

JD Supra Law

With excellent craft beers, breweries have become highly popular in the Washington, D.C. metropolitan area and throughout the United States and are most often visited during spring, summer, and fall. The brewers regularly surprise their devoted craft beer communities with new beers while serving their popular classics every year. Creating a unique craft beer has become an art form, and craft beer communities are quickly growing.

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FREE WEBINAR HOSTED BY IPWATCHDOG

IP.com

IP.com is proud to offer a free webinar hosted with IPWatchdog. The post FREE WEBINAR HOSTED BY IPWATCHDOG appeared first on IP.com - IP Innovation and Analytics.

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No Do-Overs: PTAB Denies Motion for Sanctions as Untimely

JD Supra Law

In MG Freesites Ltd v. Scorpcast, LLC, the PTAB recently denied a Petitioner’s request to file a Motion for Sanctions for alleged misconduct by the Patent Owner during depositions because the Petitioner did not raise the issue in a timely fashion with the Board. IPR2021-00510, Paper 27 (March 25, 2022).

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Busy Delaware patent court gets judicial nominee with IP litigation experience

IAM Magazine

Fox Rothschild partner Gregory B Williams has handled dozens of patent infringement cases at district court, representing both plaintiffs and defendants.

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Buchalter Adds 4 More Salt Lake City Laterals

IP Law 360

Buchalter PC has added four attorneys to its recently opened office in Salt Lake City, making 10 new additions in two months, the firm has announced.

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Busy Delaware patent court gets judicial nominee with IP litigation experience

IAM Magazine

Fox Rothschild partner Gregory B Williams has handled dozens of patent infringement cases at district court, representing both plaintiffs and defendants.

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TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

The TTABlog

A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. Let's see how you do with the three cases summarized below. Answer(s) in the first comment. Oakley, Inc. v. Eric. R. Washington et al. , Oppositions No. 91239464 (April 11, 2022) [not precedential] (Opinion by Judge Thomas W.

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Nokia, Oppo dig in for big decisions in global patent battle

IAM Magazine

The litigation state of play across nine jurisdictions in Europe and Asia as the two parties compete for leverage in re-negotiation of SEP deal.

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Albright Tweaks Patent Standing Order For New Magistrate

IP Law 360

Judge Alan Albright made a series of small changes to his standing order for patent cases, largely to incorporate the new magistrate judge helping manage his massive patent docket.

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Nokia, Oppo dig in for big decisions in global patent battle

IAM Magazine

The litigation state of play across nine jurisdictions in Europe and Asia as the two parties compete for leverage in re-negotiation of SEP deal.