Thu.Dec 30, 2021

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India Expands Piracy Blocklist to Tackle ‘Hydra Headed Rogue Websites’

TorrentFreak

The closing weeks of 2021 have been packed with new pirate site-blocking orders around the globe. From Australia through the UK to Spain , several courts granted new blocking orders to make it harder for the public at large to access pirate sites. In India, the local piracy blocklist is expanding as well. This week we reviewed a decision from the High Court in Delhi, which targets the popular torrent site RARBG.

IP 129
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SEPs in Europe and Beyond: Highlights From 2021

IP Watchdog

Even as Europe and the rest of the world continued to face the unprecedented challenges of the COVID-19 pandemic in 2021, the development of 5G and other Standard Essential Patent (SEP)-enabled technology standards has continued at an unabated pace. While the year has not yet ended, more than 100,000 technical contributions have already been submitted at 3GPP meetings for 2G, 3G, 4G and 5G in 2021 – a near-record yearly contribution count.

Invention 126
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Trending Sources

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NY Gov. Hochul Vetoes eBook Lending Bill

The Illusion of More

Yesterday, New York State Governor Kathy Hochul vetoed A5837, the eBook lending bill, which is almost identical to bills in Rhode Island, Massachusetts, and Maryland. The Maryland law, set to take effect on the first of the new year, triggered litigation by the American Association of Publishers (AAP), primarily on the basis that these bills […].

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Name, Image & Likeness (NIL): Three Key Legal Issues Facing Businesses in College Athlete Endorsement Deals to Date

JD Supra Law

The commercial landscape of college athletics has experienced significant change in recent months. The release of the new NCAA “interim policy,” prompted in part by the U.S. Supreme Court decision in NCAA v. Alston, has allowed college athletes and businesses to benefit from new endorsement and income opportunities involving the licensing of an athlete’s name, image, and likeness (“NIL”).

Business 116
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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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FAQ: What is Patentability vs Freedom to Operate?

IP.com

Determining patentability and freedom to operate is essential to the ROI your organization will see from an invention. Conducting both patentability and FTO searches at strategic points during the innovation. The post FAQ: What is Patentability vs Freedom to Operate? appeared first on IP.com - IP Innovation and Analytics.

Patent 105
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Photo publisher’s checklist: Seven New Year’s legal resolutions for your website

JD Supra Law

As we near the end of the 2021, here are seven resolutions – not including the obligatory “get in shape” or “be more organized” – that you may want to consider for 2022. - Copyright Ownership. Check that you own your website’s content, which generally requires that your employees created the content in the regular course of their duties, or that you have a proper copyright assignment or “work-for-hire” agreement for outside contractors.

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A Generic Motivation Is Still a Motivation

JD Supra Law

INTEL CORPORATION v. QUALCOMM INCORPORATED - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A “generic” motivation to combine that has broad appeal or applicability is not deficient so long as it is supported by more than conclusory expert testimony.

Patent 98
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Never Too Late: If you missed the IPKat last week!

The IPKat

2021 was certainly a wild ride, but this ride isn’t over just yet. Meanwhile, check the latest news from the IPKat before opening the doors to 2022. Copyright This Kat is counting the minutes for 2022 The Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales, reviewed the book ‘Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty’ by Tito Rendas.

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No Clear Error to Find Lack of Written Description for a Method of Treatment Patent Despite Separate Disclosures of the Drug, Disease, and Dose (as Part of a Range)

JD Supra Law

Biogen International GMBH, Biogen MA, Inc., v. Mylan Pharmaceuticals Inc. marks the Federal Circuit’s most recent interpretation of the 35 U.S.C. § 112 written description requirement in the Hatch-Waxman context. No. 2020-1933, 2021 U.S. App. LEXIS 35254 (Fed. Cir. Nov. 30, 2021). Despite the specification containing explicit disclosures of the claimed drug, disease, and dose (but only as a part of a range), the Federal Circuit affirmed a district court’s finding that Biogen’s method of.

Patent 98
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TTAB Posts January 2022 (Video) Final Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled six (6) oral hearings for the month of January 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. January 5, 2022 - 1 PM: Eazy-PZ LLC v. Ez Etail, Inc. , Cancellation No. 92064031 [Petition for cancellation of a registration for the mark EZPZ for "on-line retail store services featuring a wide variety of consumer goods of others" on the groun

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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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PTAB Should Analyze Patentability Even if Claims Are Indefinite

JD Supra Law

INTEL CORPORATION v. QUALCOMM INCORPORATED - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Indefinite claims do not preclude patentability analysis at the PTAB.

Patent 98
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Update on Supreme Court Patent Cases: Fact Law Divide

Patently-O

by Dennis Crouch. Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. The U.S. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. One quirk–the right to a trial by jury does not cover issues-of-law, and only extends to some issues-of-fact.

Law 58
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International Trademark Classes Guide: All 45 Classes

LexBlog IP

There are 45 total International Trademark Classes. The United States Patent and Trademark Office (“USPTO”) uses these Classes to categorize trademarks. The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others. Each trademark must fall into one or more International Class of goods and/or services.

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Ha, ha. Hey kids!

Likelihood of Confusion

M-I-C — Cease and desist! K-E-Y — Why? Because we caught you! M-O-U-S-EEEEEEEEEEEEEE! Originally posted 2009-02-12 21:54:50. Republished by Blog Post Promoter. The post Ha, ha. Hey kids! appeared first on LIKELIHOOD OF CONFUSION™.

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Year in Review: Top-Five U.S. Biosimilar Market Developments of 2021

LexBlog IP

As we ring in the new year, we look back at the top U.S. biosimilar market developments of 2021. Here are our top five: 1. SEMGLEE Launches As First-Ever Interchangeable Biosimilar. In July , the FDA approved Viatris Inc.’s (formerly Mylan Pharmaceuticals Inc.) SEMGLEE (insulin-glargine-yfgn), a biosimilar to LANTUS (insulin glargine). SEMGLEE was the first insulin biosimilar granted interchangeable status, meaning it can be substituted for the LANTUS reference product at the pharmacy with

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Gen Z, Explained

Velocity of Content

Born in the mid-1990s, along with Netscape and other early graphical web browsers, members of Generation Z comprise the first generation never to live without the internet. They expect to inherit from previous generations an onerous legacy – a world in crisis over climate change, inequity, and social revolution. Roberta Katz, co-author of “Gen Z, Explained: The Art of Living in a Digital Age,” published by the University of Chicago Press, is a senior research scholar at the Center fo

Art 52
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Fairly Competing, Episode 10: The Supreme Court’s Decision in Van Buren v. U.S. (Computer Fraud and Abuse Act)

LexBlog IP

Episode 10 of Fairly Competing is out! In this episode, Ben Fink , Russell Beck , and I explore the Supreme Court’s decision in Van Buren v. U.S. , narrowly interpreting the Computer Fraud and Abuse Act , 18 U.S.C. § 1030 — and what it means for protecting proprietary electronic materials. So, come join us on Spotify or Apple Podcasts.

Music 52
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Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

The IP Law Blog

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci. 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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Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

LexBlog IP

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci. 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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Developments in Association Law 2020-2021

JD Supra Law

A review of key legal developments for nonprofit organizations at the federal and state levels in 2020 and 2021. Antitrust Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 1, 2021), No. 407 & Torrey v. Infectious Diseases Society of America, No. 17-190 (E.D. Tex. Sept. 20, 2021), No. 408 - Plaintiffs sued the Infectious Diseases Society of America (IDSA), seven Lyme disease expert doctors who helped write IDSA’s 2006 Lyme disease guidelines, six national and.

Law 52
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Copyright case: Cat and Dogma LLC v. Target Corporation, USA

Kluwer Copyright Blog

A reasonable jury could find the design for children’s pajamas with the phrase “i love you” repeated in italics to be substantially similar to Target’s products with the same phrase and design. In a copyright infringement suit brought by a children’s clothing company against retailer Target Corporation, the U.S. Court of Appeals for the Fifth Circuit has reversed the decision by the federal district court in Texas to dismiss the case.

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Use Caution When Mapping Multi-Forum Patentability Attack

JD Supra Law

A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with declaratory judgment actions. PGR2021-00095, Paper 6 (Dec. 9, 2021).

Patent 52
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"Earlier this month, Rosa was arrested in Portugal and extradited to the US."

The Art Law Blog

Long story in the New York Post on the Christian Rosa saga.

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[Audio] Podcast: The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

JD Supra Law

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci.

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Year in Review: Top U.S. Biosimilars-Related Regulatory Developments of 2021

LexBlog IP

As 2021 comes to a close, Big Molecule Watch reviews the top five biosimilar regulatory developments of the year: 1. President Biden Signs Orange Book Transparency Act. In January, we reported that President Biden signed H.R. 1503 (the Orange Book Transparency Act of 2020). The Orange Book Transparency Act requires NDA holders to notify FDA if a patent listed in the Orange Book is invalidated by the PTAB or a court, within 14 days of a final decision.

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USPTO Implements Trademark Modernization Act

JD Supra Law

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. According to the USPTO’s website, the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”.

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Catching Up on the 11th Circuit Appeal in NetChoice v. Moody Over Florida’s Social Media Censorship Law

Technology & Marketing Law Blog

As you recall, earlier this year Florida passed SB 7072, a brazenly censorial #MAGA bill. The district court enjoined the law , and Florida appealed to the 11th Circuit. In my last post , I recapped Florida’s appeal brief and the supporting amicus briefs. In this post, I’ll recap highlights from the appellees’ brief, the supporting amicus briefs, and Florida’s reply brief.

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[Video] The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

JD Supra Law

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci.