Mon.Nov 08, 2021

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Luxembourg PM Admits to Dissertation Plagiarism

Plagiarism Today

Last week, Luxembourg’s Prime Minister, Xavier Bettel, was accused of plagiarism in a thesis that he wrote for the University of Nancy. The plagiarism was discovered by reporter.lu and covered by Pol Reuter (French language article). According to the report, nearly all the 1999 thesis was plagiarized save a brief introduction and a brief conclusion that appears to be original.

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The Trademark Instrument Panel

Erik K Pelton

The following is an edited transcript of my video, The Trademark Instrument Panel. I’ve had the pleasure and challenge recently of helping teach my son to learn how to drive. It brings back lots of memories of learning to drive myself , it really forced me to think about how many things go into learning to drive. My son and I were talking one day recently about all of the information that’s communicated on the dashboard.

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3 Count: Bowser’s Last Stand

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Embattled copyright lawyer suspended from practice in New York. First off today, Blake Brittain at Reuters reports that controversial copyright lawyer Richard Liebowitz has been suspended from practicing law in New York State following a ruling by an appeals court. Liebowitz earned a reputation as a “copyright troll” filing thousands of lawsuits, mostly on behalf of photographers who’d had their

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FDA Issues Final and Draft Guidances on Biosimilar Development under BPCIA

JD Supra Law

In September, the U.S. Food and Drug Administration issued Final Guidance entitled "Questions and Answers on Biosimilar Development and the BPCI Act: Guidance for Industry," and Draft Guidance entitled "New and Revised Draft Q&As on Biosimilar Development and the BPCI Act (Revision 2)." The Final Guidance provides its Answers in final form, having been subject to the notice and comment requirements for FDA Guidances and originally promulgated as Questions and Answers on Biosimilar Developmen

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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 Affirms Dismissal of Celgene’s Hatch-Waxman Suit Against Mylan, Clarifying Venue and Pleading Requirements

IP Watchdog

On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. v. Mylan Pharmaceuticals Inc. affirming a ruling of the District of Delaware, which dismissed a Hatch-Waxman lawsuit against related Mylan entities for either improper venue or failure to state a claim upon which relief could be granted.

Patent 110
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“Pearson v Chegg”: Is “Cheating” a Copyright Infringement?

IPilogue

Photo by Kyle Gregory Devaras ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . . Homework and studying for school have come a long way over the years. When I was in elementary and high school, I remember using Pearson Education (“Pearson”) textbooks for subjects such as math and science. However, I recall certain books had the answers in them.

More Trending

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Supreme Court Leaves Honey Harvester Stuck With IP Loss

IP Law 360

The U.S. Supreme Court on Monday turned down efforts by the maker of a honey harvesting product to expand the Digital Millennium Copyright Act to include his case against a mail-order catalog that allegedly used his advertising to steer customers to a rival.

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Publishers Team Up Against Apparent Counterfeit Distributor

BYU Copyright Blog

On August 13, 2021, McGraw Hill LLC; Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning; Cengage Learning, Inc.; Elsevier Inc.; and Pearson Education, Inc. (collectively, the “Publishers”) filed a lawsuit against Radius International, Inc. (“Radius”), "a global logistics provider[.]" The Publishers claim that Radius was involved in “large-scale importation and distribution of [its] counterfeit textbooks in the United States.”In the Complaint, the Publishers assert that Radiu

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GlaxoSmithKline LLC v. Teva Pharms. USA, Inc.

JD Supra Law

Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., Nos. 2018-1976, 2018-2023, 2001 WL 3412496 (Fed. Cir. Aug. 5, 2021) (Circuit Judges Moore, Newman, and Prost presiding; Opinion per curiam) (Appeal from D. Del., Stark, J.) - Drug Product and Patent(s)-in-Suit: Coreg® (carvedilol); U.S. Patents Nos. 4,503,067 (“the ’067 patent”), 5,760,069 (“the ’069 patent”), RE40,000 (“the ’000 patent”).

Patent 96
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More Venue and Corporate Games: This time with ANDA filing

Patently-O

Celgene Corp. v. Mylan Pharma ( Fed. Cir. 2021 ). The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. 28 U.S.C. 1400(b). There are two different ways to show proper venue: Venue by Residence : Venue is proper if the defendant(s) reside in the district where the case is filed. If a non-human person, this requires being incorporated within the state (or the like).

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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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The Law Bytes Podcast, Episode 107: Addison Cameron-Huff on the State of Crypto and Blockchain Regulation in Canada

Michael Geist

From Bitcoin to NFTs, interest in crypto and the blockchain has never been greater. Millions of people around the world invest in various crypto currencies, exchanges seem to pop-up daily, and for better or worse the pace of innovation and new services is reminiscent of the early of the days of the Internet. As the industry races ahead, where does the law fit in?

Law 84
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Ongoing use of the Machine-or-Transformation Test?

Patently-O

Ongoing Use of the Machine-or-Transformation test? Does MoT still offer a "a useful and important clue" as to whether a claimed invention is patent eligible under Section 101? — Dennis Crouch (@patentlyo) November 8, 2021.

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Analysing the relationship between contemporary art and IPR

IP and Legal Filings

The contemporary art industry: an overview. Contemporary art refers to art that has been produced in the second half of 20 th century or in the 21 st century. Typically, contemporary art is culturally diverse and multifaceted. Technological advancements over the years have also impacted the creation of contemporary art as well as the contemporary art industry.

Art 75
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30K Musicians Get OK On $8M Royalty Deal With Unions

IP Law 360

Around 30,000 musicians received preliminary approval from a California federal judge Monday of a nearly $8 million settlement with the American Federation of Musicians and SAG-AFTRA in a class action challenging a fee the unions charged a royalties fund in exchange for data used to make payments to session musicians.

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Lanham Act attorneys’ fees: Good to know

Likelihood of Confusion

The situation with attorneys’ fees in “exceptional cases” under the Lanham Act is, to put it mildly, not clear. I’ve written about it from time to time here, including, The post Lanham Act attorneys’ fees: Good to know appeared first on LIKELIHOOD OF CONFUSION™.

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Ex-WinView CEO Pushes Chancery To Keep Merger Suit Alive

IP Law 360

The founder of WinView Inc., one of three e-sports companies that combined in 2019 to form Engine Media, pushed Delaware's Chancery Court on Monday to keep his lawsuit over the merger alive, arguing that board directors at WinView pursued their own interests at the expense of common stockholders.

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Another pandemic university fees claim fails

43(B)log

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of them. Touro allegedly promoted its campus facilities and campus experience as part of the benefits of its non-online-only degree programs, including “New York Medical College research facilities, an anatomy lab, a simulation training center, classrooms and auditoriums, as we

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Bitcoin 'Inventor' Struggles To Explain Conflicting Evidence

IP Law 360

Attorneys for deceased computer programmer Dave Kleiman on Monday hammered self-professed bitcoin inventor Craig Wright with documents in which he described Kleiman as his business partner despite his claims in multibillion-dollar litigation that the two were just friends.

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I can’t believe it’s not butter—because the label said it was all butter

43(B)log

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but also soybean oil and artificial flavors. However, “All Butter” was ambiguous in context—it was obvious that the product was not a stick of butter, but a cake—and it wasn’t enough to allege that reasonable consumers would expect from the label that there w

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Confronting Origination Credit: How Firms Can Redo Policies

IP Law 360

To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

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Apple Backs Down: Commits to Take Global FRAND License to Avoid Exile from UK Market

JD Supra Law

For years, Apple has resisted taking a license to Optis’ standard-essential patent portfolio covering Long-Term Evolution (LTE) technology. However, it is now being reported that Apple committed to enter a global FRAND license with Optis so as to avoid being enjoined from, or voluntarily exiting, the UK market. Once effectuated, this agreement should end the global dispute between the two parties.

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TTABlog Celebrates 17th Anniversary!

The TTABlog

The TTABlog debuted on November 8, 2004, with a blog post entitled "Leo Stoller Loses Again." (here ). Remember him? Here we are, some 4,800 blog posts and more than 14,000 tweets later. Thank you readers! Read comments and post your comment here. Text Copyright John L. Welch 2021.

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Dear Patenticity: Freedom to Operate

JD Supra Law

I am starting a new business around a technology that I hope to patent. We have already conducted a patentability search and we think we can get a patent. At what point should I address freedom to operate?

Patent 55
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Coffee Co. Gets $50M Arbitration Win Against Co-Founder

IP Law 360

A former executive of the coffee extraction company Javo Beverage Co. Inc. owes the business $50 million for using Javo's proprietary extraction processes, an arbitrator has found.

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Not So Obvious After All: PTAB Lacked Evidence to Eradicate University’s Disinfection Method

JD Supra Law

UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC - Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the inventors succeeded where the prior art failed and there could be no expectation of success based on the failed attempts of the prior art.

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United States Calls for Supreme Court to Deny Petition for Certiorari Challenging Fintiv Factors

Bio Law Blog

On Oct. 28, 2021, the Solicitor General filed a brief in opposition to Apple’s petition for a writ of certiorari in Apple Inc. v. Optis Cellular Tech., LLC et al. (No. 21-118). The government argued that the Federal Circuit does not have jurisdiction over appeals of discretionary denials of inter partes review (IPR) pursuant to 35 U.S.C. § 314(d).

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[Video] Focus on APAC: A Look Back at 2020 and What Lies Ahead in 2021 and Beyond

JD Supra Law

2020 presented a litany of challenges amidst the pandemic for legal practitioners and service providers across the globe — but those based and/or focused on matters in APAC navigated a few additional speed bumps. This impressive panel comprised of top law firm and IP litigation management practitioners based in APAC will walk us through the challenges they faced, the ways in which they and the region as a whole were able to pivot, and some of the trends that emerged which will set the stage for.

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FTC Releases Guidance on Negative Option Marketing

LexBlog IP

The Federal Trade Commission released a new enforcement policy statement on October 28, 2021, targeting the practice known as “Negative Option Marketing.” Negative Option Marketing is the practice of taking consumers’ silence as tacit consent in various circumstances, including automatic subscription renewals and free-trial marketing.

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Real Parties-in-interest: Guidance On Who Is An RPI —and Who Is Not—in Post-grant Proceedings

JD Supra Law

In post-grant review proceedings before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, practitioners who omit any of the parties with an interest in the matter could face consequences as severe as dismissal of the proceeding. To consider a post-grant proceeding, the Patent Trial and Appeal Board insists all real parties-in-interest be identified.

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Justices Won't Review 'Devastating' IPR Rulings In $44M Case

IP Law 360

The U.S. Supreme Court on Monday declined to review several Federal Circuit judgments from 2019 summarily affirming the Patent Trial and Appeal Board's invalidation of eight Ultratec Inc. closed-caption patents at the heart of a $44 million jury verdict against rival CaptionCall LLC.

Patent 52
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Failure in the Art Undermines any Reasonable Expectation of Success

JD Supra Law

In University of Strathclyde v. Clear-Vu Lighting LLC, [2020-2243], (November 4, 2021) the Federal Circuit reversed the PTAB’s determination that held unpatentable as obvious claims 1-4 of U.S. Patent No. 9,839,706, directed to photoinactivation of Methicillin-resistant Staphylococcus aureus (MRSA) and other Gram-positive bacteria without using a photosensitizing agent.

Art 52
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Qiagen Agrees To Pay $53M To Settle Patent Suit

IP Law 360

German diagnostics giant Qiagen has agreed to pay $53 million to New Jersey medical technology manufacturer Becton Dickinson & Co. to resolve an infringement lawsuit against Qiagen over microfluidic testing patents that the Federal Circuit last month called too "complex" to invalidate.

Patent 52
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Judge Stark Grants Plaintiff’s Motion for Partial Summary Judgment as to Defendants’ Affirmative Defenses of Laches, Acquiescence and Statute of Limitations in Trademark Infringement Action

JD Supra Law

By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd., Civil Action No. 20-1652-LPS (D.Del. November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. as to the affirmative defenses of laches, acquiescence, and statute of limitations of Defendants as to Defendants’ allegedly infringing use of the EMERSON QUIET KOOL trademark.

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France – Strengthening the fight against online piracy

LexBlog IP

In light of the evolution of the digital practices of Internet users, the new law n° 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital era seeks to modernise the existing framework by creating a new regulatory authority and providing new tools for rights holders. A new regulatory authority.

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Reckoning with Remote Research

Velocity of Content

Throughout the coronavirus pandemic, millions of workers have retreated to safety and isolation while working from home. Even for research usually performed in laboratories, WFH and virtual meetings have profoundly changed the workplace. The Tufts Center for the Study of Drug Development in Boston provides data- driven analysis and strategic insight to help drug developers, regulators, and policy makers improve the quality, efficiency and productivity of pharmaceutical R&D.