Fri.Jul 02, 2021

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Recent Prophetic Example cases from the PTAB

Patently-O

Ex parte Callewaert , APPEAL 2019-005598 (Patent Tr. & App. Bd. Feb. 25, 2021). Following an obviousness rejection, applicant relied upon an example in the specification to help prove an unexpected result (that the living cell would create certain “unnatural glycan structures”). The PTAB rejected the argument — finding that the example was written in the present tense and therefore assumed to be prophetic and therefore “does not provide the factual evidence needed

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[Sponsored] USPTO and LexisNexis Reed Tech Extend Their 50-year Partnership with a New 10-year Deal

SpicyIP

We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. For further details, please see the announcement below: USPTO and LexisNexis Reed Tech Extend their 50-year Partnership with a New 10-year Deal.

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Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

JD Supra Law

Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the National Collegiate Athletic Association (NCAA) Board of Directors agreeing this week (Wednesday, June 30) to waive enforcement of its prohibition against collegiate athletes making money off of their NIL rights (their fame) amid interim guidance to schools, we find ourselves.

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Challenging the Validity of a Patent: The Supreme Court Minerva Decision

More Than Your Mark

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. The Validity of a Patent.

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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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When the movie is derived from a literary classic—are you an “All-In”, or a “Well, Maybe”, viewer?

The IPKat

People create books, or movies, to be read, or viewed, by others. For sure, a handful write for their own pleasure, keeping their literary output out of sight in a drawer. But they are a rare breed. For the rest, the reader is an essential element in the author’s creative activity. This is even more so with respect to the making of a movie; no film maker dedicates his work to the office drawer.

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Logo Battles in Fashion Forever

SpicyIP

We’re pleased to bring to you a guest post by Tanya Saraswat. Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Logo Battles in Fashion Forever. Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals.

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TTABlog Quarterly Index: April - June 2021

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog. Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine?

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Father's Day 2021

JD Supra Law

America’s ingenuity for celebrating is well documented in the U.S. patent collection, and technology for celebrating fathers is no exception. Take, for instance, the Expectant Father System patented by Ashley Svopa on June 1, 1999 as U.S. Patent No. 5,908,108. By: Harness, Dickey & Pierce, P.L.C.

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If connectivity is a smart meter’s selling point, asking for manufacturer royalty payments is FRAND

IAM Magazine

The energy sector is emerging as the next European battleground in the seemingly endless struggle between wireless SEP owners and reluctant licensees.

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NCAA Adopts Interim Policy Allowing Student Athletes to Monetize NIL

JD Supra Law

The National Collegiate Athletic Association (NCAA) has adopted an Interim Policy that, starting July 1, allows student athletes across the country to receive compensation from licensing their name, image and likeness rights (NIL) to promote or endorse commercial products and services while remaining eligible to participate in NCAA athletics.

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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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Feds don’t need a ‘China Initiative’ to go after trade secret theft

IAM Magazine

Saturday Opinion: American IP owners would be better served by a DOJ focus on bringing home blockbuster trade secrets cases regardless of nationality.

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Alice in 101-derland

JD Supra Law

In a June 11, 2021 decision, Yu v. Apple Inc., a Federal Circuit panel issued a precedential decision, with a dissent, upholding the invalidation of patent claims to a digital camera on a motion to dismiss. The claims were deemed unpatentable under § 101 of the Patent Act because they were directed to “the abstract idea of taking two pictures (which may be at different exposures) and using one picture to enhance the other in some way.

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ZTE targets up to $930 million in patent revenue over the next five years

IAM Magazine

With a portfolio valuation and revenue projections in hand, the Chinese telecoms giant is making its IP monetisation plans public for the first time.

IP 52
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Five Policies to Help Avoid “Unforced Errors” By New Hires That May Lead To A Trade Secrets Misappropriation Claim

JD Supra Law

Company new hires sometimes commit “unforced errors” when departing one company and joining another, leading to trade secrets disputes with the prior employer that could have been prevented by following basic rules and guidelines on departure. A common example is a departing employee bringing to the new company files containing confidential information belonging to the prior employer that were required to be returned or discarded.

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China’s top filing firms enjoy huge growth, but those in Japan and Korea stall

IAM Magazine

Exclusive data analysis shows that the top Chinese prosecution practices are handling levels of work unmatched anywhere else in the world.

Patent 52
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College Athletes Now Allowed to Earn Money from Use of Their Name, Image, and Likeness

JD Supra Law

College athletes across the country are now able to make money off the use of their name, image, and likeness (NIL). This is true for athletes regardless of whether they are located in a state that has passed NIL legislation.

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5 Tips To Increase Your Referral Customers

CopyrightsWorld

Welcome onboard partner! We are very excited to be partnering up with you! Why? Because we are on a mission to create a world where all creators are empowered and their copyright is protected. You may be wondering about how to get started and what the best way to share with your audience is. We’ve got your back! We’ve put together a handy guide to help you through the onboarding process, plus 5 tips for you to share, engage and increase your affiliation customers. …Onboarding.

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Patent Owner Tip #11 for Surviving an Instituted IPR: Use It or Lose It (in the POR)

JD Supra Law

When faced with an instituted IPR, the Patent Owner should include all arguments it wishes to preserve for appeal in its Patent Owner Response (“POR”), including arguments that the Patent Owner believes are unlikely to succeed before the Board but may be attractive to the Federal Circuit. Otherwise, the argument will be deemed waived and unavailable in any subsequent appeal.

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"In custody is not a gang of thieves who planned a Hollywood-style heist, but a 49-year-old construction worker, with the Twitter name ArtFreak, who was arrested on Monday."

The Art Law Blog

NYT: " Stolen Picasso and Mondrian Paintings Found Stashed in a Ravine in Greece." "The theft appears to have been years in the making as an obsession with art morphed into something criminal. The suspect, who was remanded to police custody after appearing before an investigating magistrate on Thursday, is reported to have told the police that he had 'always been interested in art.

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Supreme Court Determines New Limitations to Assignor Estoppel Doctrine

JD Supra Law

The Supreme Court upheld assignor estoppel in Minerva Surgical, Inc. v. Hologic, Inc., et al. but held that the Federal Circuit “failed to recognize the doctrine’s proper limits.” In doing so, the Court imposed new limitations on when the equitable doctrine applies in a patent case.

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