Tue.Oct 12, 2021

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Google Opposes ‘Sweeping’ Popcorn Time Piracy Blocking Request

TorrentFreak

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

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Key Trademark Search Terms

Erik K Pelton

Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode. The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth.

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Trending Sources

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Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free

TorrentFreak

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of. While Adobe has indeed stopped shipping new global versions of Flash, the technology is still supported in two markets – Enterprise and China via Flash.cn – a site managed by Zhong Cheng Network, the only authorized distributor of

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Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Twitter

Technology & Marketing Law Blog

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC , 2021 WL 2546675 (9th Cir. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review.

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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 Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

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JP Morgan Donates Patents to Low Carbon Pledge; Joins Microsoft, HP and Facebook

IP Close Up

The Low Carbon Patent Pledge announced last week that JPMorgan Chase is helping combat climate change by making key patents freely available to anyone using Continue reading.

Patent 100

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Deadline 2030: The Shape of Things to Come

Velocity of Content

We know what copyright and licensing look like in 2021 – its current strengths and benefits for creators and users, as well as the challenges, pressure points and friction zones between supporters and detractors. How will the landscape look in 2030 and will it be significantly different? Will some of today’s challenges have been resolved by then? Will new ones emerge?

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FDA Acting Commissioner of Food and Drugs Seeks Collaboration Between FDA and USPTO to Address Pharmaceutical Patent-Related Matters Affecting Competition

JD Supra Law

On September 10, 2021, Janet Woodcock, Acting Commissioner of the U.S. Food and Drug Administration (FDA), sent a letter to Andrew Hirshfeld, Director of the U.S. Patent and Trademark Office (USPTO), which raised several of FDA’s concerns relating to patents and competition in the pharmaceutical marketplace (“Letter”). The Letter called upon the agencies’ cooperation to address FDA’s patent-related concerns, specifying three practices by which FDA asserts pharmaceutical patentees may abuse the.

Patent 98
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Foley & Lardner Opens Salt Lake City Office With IP Team

IP Law 360

Milwaukee-based Foley & Lardner is the latest in a string of law firms to open a Salt Lake City shop, bringing with it a four-person intellectual property team to grow the firm's technology and life science services.

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Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice

JD Supra Law

Even though last week was argument week, that didn’t slow down the issuance of decisions at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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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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Facebook partners with non-profit on Patent Pipeline Programme to boost women, minority hires

IAM Magazine

Law firms that hire individuals trained through the programme will get more legal work from the Silicon Valley giant in return.

Patent 98
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if it's on the label, courts can presume consumers saw it

43(B)log

Bailey v. Rite Aid Corp., 2021 WL 4469638, No. 4:18-cv-06926 YGR (N.D. Cal. May 26, 2021) Rite Aid moved to reconsider a previous ruling denying a motion to dismiss Bailey’s claim against Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” The court declined. “According to Rite Aid, Bailey failed to show that the members of the proposed class were exposed to Rite Aid’s allegedly deceptive conduct.

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Where We Are on AI Inventorship and Where We Should be Heading

IP Watchdog

The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications. AI has evolved from merely a buzzword or a cool new idea to a substantively used tool in a variety of applications, including autonomous driving, natural language processing, drug development, finance and cybersecurity among others. Companies, universities, and inventors world-wide noted the importance of AI and began seeking to patent various aspects of AI technology.

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CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! We are fortunate to welcome back our coaches from Bereskin & Parr LLP, including 2017 finalists Paul Blizzard & Denver Bandstra! Students on the team will also practice mooting with and receive direct feedback from various B&P associates and partners.

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Pricing Strategies for Supply Chain Volatility

Legal Zoom

Supply chain and inventory shortages are upending the manufacturing industry, prompting small business owners across the nation to enact new strategies to compete and survive.

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Judge Says Security Co. Has Proved Cybersquatting By Rival

IP Law 360

A federal magistrate concluded Tuesday that a Florida-based security firm should be granted a judgment on cybersquatting claims against a nearby rival for creating a false Instagram page in its name and registering confusingly similar website domains, but he recommended awarding significantly less in damages than requested and denying additional bids for pretrial victories.

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Counseling Clients on What Constitutes Exceptionality in Patent Litigation: A View from Delaware

IP Watchdog

After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can obtain its attorneys’ fees from the opposing party. The answer is yes, but only if the court finds exceptionality under 35 U.S.C. § 285, which states “The court in exceptional cases may award reasonable attorney fees to the prevailing party.

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FCC Told It Must Obey Court, Hurry Along Radio Station Sale

IP Law 360

The Federal Communications Commission is dragging its feet on approving the court-ordered sale of a pair of radio stations and is "frustrating the ability" of a California federal judge to do his job, the agency was told by the company set to buy those stations.

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Banner Witcoff is Seeking a Biotech or Chemistry Patent Attorney

IP Watchdog

Banner Witcoff is seeking a Biotech or Chemistry Patent Attorney with 5 or more years of experience in patent prosecution for its Chicago, IL or Washington, DC offices. Duties include, but are not limited to evaluating patent portfolios, drafting and prosecuting patent applications, patent portfolio management, and counseling. Banner Witcoff is open to considering remote candidates for this full-time, permanent position.

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2 Firms Guide $1B Blackstone, Hipgnosis Music Partnership

IP Law 360

Kirkland & Ellis LLP-led Blackstone said Tuesday it's forming a partnership with Stephenson Harwood-represented Hipgnosis Song Management Ltd. that will initially deliver $1 billion to acquire the rights to music and manage related catalogues.

Music 75
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SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation

IP Watchdog

The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the case of Unicolors v. H&M. The case asks the Court to decide whether the Ninth Circuit properly construed the language of 17 U.S.C. § 411 relating to whether courts must have evidence of intent to defraud before referring copyright registration validity questions to the Copyright Office.

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CBD Co. Says YouTuber Brand Nelk 'Bullying' It In IP Fight

IP Law 360

A CBD company that sells vapes and gummies has sued Nelk Inc., an entertainment company owned by Canadian-American YouTubers, over an alleged intimidation campaign regarding copyright infringement, which the CBD company denies committing.

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Malini Vijaykumar discusses mandatory workplace vaccine policies with CBC News

Nelligan Law

Reading Time: < 1 minute Click here to watch Malini Vijaykumar discuss mandatory workplace vaccination policies, and what they mean for workers in the context of employment law. The post Malini Vijaykumar discusses mandatory workplace vaccine policies with CBC News appeared first on Nelligan Law.

Law 59
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Le Tigre Fights IP Claim They Took The Bomp In 'Deceptacon'

IP Law 360

The feminist punk-pop band Le Tigre is suing singer Barry Mann in New York federal court, arguing he wrongfully alleges their 1999 hit "Deceptacon" infringed his 1961 song, "Who Put the Bomp (in the Bomp, Bomp, Bomp)" and that Mann copied the nonsense syllables at issue from Black doo-wop groups.

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over dissent, 9th Cir. denies injury presumption to false advertising claimant

43(B)log

Quidel Corp. v. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9 th Cir. Oct. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. The case is about tests that detect thyroid stimulating immunoglobulins for management of Graves’ disease.

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Tips For Cos. On Ga. College Athlete Endorsement Law

IP Law 360

Georgia recently joined many other U.S. states in adopting a statute enabling collegiate athletes to profit from their names, images and likenesses, but some of the law's restrictions diverge from typical expectations of celebrity endorsements and similar arrangements, so potential sponsors must proceed with caution, say attorneys at Bryan Cave.

Law 75
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TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed?

The TTABlog

Among the flurry of opinions issued by the Board on September 30th, the last day of the USPTO's fiscal year, were the three listed below, all involving appeals from Section 2(d) refusals. One of the refusals was reversed. How do you think these came out? [Answer in first comment]. In re GK Legacy Foundation , Serial No. 88449012 (September 30, 2021) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of KEEP YOUR CHIN UP SCHOLARSHIP FUND and Design for "Charitable foundation

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Embracing ESG: Jabil GC Talks Compliance Preparation

IP Law 360

Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

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The Overlap Of Intellectual Properties In Product Design

JD Supra Law

Significant resources are invested to bring a product or service to market. A multi-layered intellectual property strategy can protect the assets obtained during development. Utility patent protection is available for inventions that are useful, novel, and nonobvious. Other layers of U.S. intellectual property are available for product designs such as design patents, trade dress, and copyrights; these intellectual properties may exist simultaneously to provide overlapping rights.

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Opinion: Tired of Brexit? The exhaustion is still to come!

Managing IP

The UKIPO has still to decide on a path forward for exhaustion after Brexit – but with IP taking a back seat in government circles, don’t hold your breath

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The Future of Ad Law: A Wrap Up from the 2021 NAD Conference

JD Supra Law

At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon. Rebecca Kelly Slaughter, Commissioner at the Federal Trade Commission, Mary Engel, EVP at BBB National Programs, Katherine Armstrong, the Deputy Director of NAD and in-house counsel from The Clorox Company, Campbell Soup Company and T-Mobile USA, Inc.

Law 55
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Equivalent-of-the-Equivalent

Patently-O

I guess that I should add — if the "equivalents" is claim construction, should the patentee then permitted to seek equivalent-of-the-equivalent during infringement analysis? — Dennis Crouch (@patentlyo) October 12, 2021.

Patent 60
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PTAB Statistics Through Eleven Months of FY2021

JD Supra Law

The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year. The Patent Office notes that on a per-patent-challenged basis, rather than per-petition, the institution rate for….

Patent 55
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New Beginnings, Clean Endings: Why Year End Is a Smart Time to Open (or Close) a Business

Legal Zoom

While not necessarily the right move for everyone, closing or opening a business before year end has some advantages.

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Gibson Dunn Snags Veteran Tech Partner From Munger Tolles

IP Law 360

Gibson, Dunn & Crutcher LLP lured to its San Francisco office a new partner and veteran advisor to technology companies who had spent nearly 20 years at Munger Tolles & Olson LLP.