Thu.Jul 28, 2022

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3 Count: Oof… Again

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIP Roblox’s Famous ‘Oof’ Sound, Which Has Been Removed. First off today, Luke Plunkett at Kotaku reports that the iconic “oof” sound effect in Roblox has been removed yet again due to licensing issues with the sound’s creator. Back in November 2020, video game composer Tommy Tallarico discovered the use of the sound effect in Roblox and, rather than pull it, struck a licensin

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Just when you thought it was over. it's not! Sky/SkyKick saga heading to UK Supreme Court

The IPKat

Sky/SkyKick - coming soon to a courtroom near you Readers interested in summer (and IP) blockbusters will be glad to learn that - like Scream , Puss in Boots , and Predator - the Sky/SkyKick saga is not over either. Earlier this week, in fact, the UK Supreme Court granted SkyKick permission to appeal the order made by the Court of Appeal on 26 July 2021.

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Trending Sources

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Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.

IP Watchdog

In a recently filed suit involving the popular videogame Fortnite, the Central District of California faces an important question regarding copyright law: does a copyright in a registered choreographic work extend protection to a smaller portion of the work when that portion is copied by a third party and implemented as a dance move in a video game?

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Record Labels and ISP Bright House go to Trial over Pirating Subscribers

TorrentFreak

Three years ago, several of the world’s largest music companies including Warner Bros and Sony Music sued Internet Provider Bright House Networks. The recording labels accused the provider of not doing enough to stop pirating subscribers. Specifically, they alleged that the ISP failed to terminate repeat infringers. Since the complaint was filed both parties have gone back and forth in court with various arguments and accusations.

Music 135
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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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Derrick Brent to Be Sworn in as Next USPTO Deputy Director

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that Derrick Brent will serve as the Office’s next Deputy Director. According to the announcement, Brent hails from both the public and private sectors, most recently serving as a consultant advising startups on IP and other issues. He consulted for Cut Golf, an early-stage golf equipment and apparel company.

Invention 131
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Pirate IPTV: Five Charged Following RCMP Cybercrime Investigation

TorrentFreak

The world of pirate streaming and IPTV services is one of intrigue. Like the internet itself, it’s a web of interconnected networks populated by devices, ad hoc groups, and individuals who can appear in one place, only to pop up in another. The case of pirate IPTV entrepreneur Carlos Rocha certainly fits the profile. In December 2020, US broadcaster DISH Network and tech partner Nagrastar filed a civil suit under seal in the United States, naming Carlos Rocha plus SolTV and Stream Solution

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More Trending

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The Extent of Claim Amendment Allowed in a Patent Application: Part 2

SpicyIP

Continuing on from the previous blogpost , we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable.

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Poor Planning by Music Streaming Services Does Not Constitute an Emergency?

Copyright Alliance

Many years ago, I had a former boss who had a variety of inspirational quotes mounted on the walls of his office that are now somewhat commonplace to see in […]. The post Poor Planning by Music Streaming Services Does Not Constitute an Emergency? appeared first on Copyright Alliance.

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The Extent of Claim Amendment Allowed in a Patent Application: Part 1

SpicyIP

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable.

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OM Weekly Digest 07/28/22

Olartemoure Blog

07/28/22 – Patents. The Andean Community has come up with a new Patent Examination Manual for IP offices throughout the community, updating the current Patent Manual published back in 2003. This new manual will establish unified and clear guidelines as to criteria that must be considered by examiners when reviewing an application. This new manual is the work of more than forty experts who sat in over twenty technical sessions, as well as WIPO’s oversight and the revision of three versi

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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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Novartis Pharms. Corp. V. Accord Healthcare, Inc. - Gilenya® (Fingolimod Hcl)

JD Supra Law

Case Name: Novartis Pharms. Corp. v. Accord Healthcare, Inc., No. 2021-1070, 2022 WL 2204163 (Fed. Cir. June 21, 2022) (Circuit Judges Moore, Linn, and Hughes presiding; Opinion by Moore, J.; Dissenting Opinion by Linn, J.) (Appeal from D. Del., Jordan, C.J.).

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PTO Revisits What is Patentable

The IP Law Blog

On Monday this week, the Director of the U.S. Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and compositions of matter.

Patent 98
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Unique IP Concerns When Celebrities and Athletes Are Involved in NFT Projects

JD Supra Law

Given the recent rise in the popularity and profitability of non-fungible tokens (NFTs), celebrities have entered the market not only by purchasing NFTs, but also by minting their own. However, because NFTs often involve the intersection of multiple layers of intellectual property rights, celebrity NFT projects present a variety of potential pitfalls.

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Apprenticeship gets a makeover

McKinsey Operations

It may sound like an outdated term, but apprenticeship remains a powerful tool in today’s businesses for building skills, increasing collaboration, and retaining talent.

Business 100
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War and Peace at Rospatent: Protecting Trademarks in Russia - Katten Kattwalk | Issue 24

JD Supra Law

Yes, we shall live, Uncle Vanya. Could Anton Chekhov ever have imagined that his literary work would be used to sell hamburgers? In March, a controversial application for an "Uncle Vanya" mark in connection with "snack bars, cafes, cafeterias, restaurants, bar services, canteens, cooking and home delivery services," incorporated the red-and-yellow golden arches logo of McDonald's.

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Aligning R&D with Business Strategy for Success

IP.com

In bigger organizations, individual teams can easily become siloed, oblivious to the actions of the company as a whole and the work other departments are doing. This is detrimental to. The post Aligning R&D with Business Strategy for Success appeared first on IP.com - IP Innovation and Analytics.

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Copyright Infringement before the Copyright Claims Board?

JD Supra Law

Suppose you have not registered your copyright in a book with the U.S. Copyright Office until someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you can prove that the alleged infringer has infringed your work and you can prove that the infringement caused you lost sales, lost opportunities to license, or diminution in the value of the copyright in the amount of $20,000.

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Is there a single patent that covers all countries?

Patent Trademark Blog

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? Not exactly. To procure foreign utility patents, however, you can file one international patent application that gives you patent-pending status in most countries.

Patent 96
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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Branding Management Strategy: Dealing With Trademark Congestion and Depletion

JD Supra Law

There are certain issues that brand owners seem to universally struggle to manage. One issue is infringement and unauthorized use of their trademarks, but another interesting phenomenon are the concepts of trademark congestion and depletion. In this episode of Trending Now - An IP Podcast, Janet Cho and Courtney Reigel offer some insight for brand owners regarding trademark depletion and congestion, and strategies for taking such developments into account in a brand owner’s management plan.

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Intern Spotlight Series: Marissa Baldauf Pekular

U.S. Department of Commerce

Intern Spotlight Series: Marissa Baldauf Pekular. July 28, 2022. ASowah@doc.gov. Thu, 07/28/2022 - 15:42. Marissa Pekular joined the Department of Commerce, Office of Public Affairs this summer as a press intern. In this Q&A, Marissa shares why she’s here, what she’s been working on, and what she’ll take away from this internship. This will be the first of a seven-part series.

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Real Estate (Regulation and Development) Act 2016 with reference to Maharashtra

IP and Legal Filings

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. The act aims to: Ensure efficiency and transparency in the real estate sector in relation to the sale of a building, apartment, land, or other real estate project. Protect consumers’ interests in the real estate industry.

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Deputy Secretary Graves Addresses Administration’s Commitment to Economic Prosperity, Equity, and Inclusion for all American Business Enterprises

U.S. Department of Commerce

Deputy Secretary Graves Addresses Administration’s Commitment to Economic Prosperity, Equity, and Inclusion for all American Business Enterprises. July 28, 2022. ASowah@doc.gov. Thu, 07/28/2022 - 14:44. Minority business growth. Last week, Deputy Secretary of Commerce Don Graves traveled to New York City, where he met with entrepreneurs and local leaders to highlight the Commerce Department’s steadfast commitment to diversity, equity, and inclusion through various programs promoting job growth a

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Buy-Back Of Securities Of Companies In India

IP and Legal Filings

A share re-purchase, often known as a buyback, occurs when a firm purchases its own existing shares in order to decrease the number of shares accessible on the stock market. Companies can invest in themselves through buybacks. Reduced market share ownership raises the number of shares possessed by investors. Companies purchase back shares for a variety of purposes, including increasing the worth of remaining accessible shares by lowering supply or preventing other owners from gaining control.

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Driving decarbonization: Accelerating zero-emission freight transport

McKinsey Operations

Two mutually reinforcing enablers—a standardized book-and-claim framework and a green supply-chain coalition—can accelerate decarbonization in the transport sector.

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McDonald’s loses in Nepal

IP and Legal Filings

McDonald’s, which has more than 39,000 locations in about 100 countries, has claimed recently that it shall be able to deliver the food both in person and online. The firm is taking all the steps to ensure that it meets the needs of new technological changes and metaverse. The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe.

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The call to rethink government customer experience

McKinsey Operations

The White House wants to make engaging with the government easier. How can agencies meet the challenge?

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Albright's Dimmed Power Upsets New Waco Patent Practices

IP Law 360

Even faster than U.S. District Judge Alan Albright threw open the doors of his Waco, Texas, courtroom to patent litigators, a new court policy to randomly assign patent cases across the Western District of Texas shut them, flummoxing attorneys and leaving some firms with new Waco offices rethinking their investments.

Patent 75
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Standard Techniques Applied in Standard Way to Observe Natural Phenomena? Not Patent Eligible

JD Supra Law

In what may be another blow to diagnostic patents, the US Court of Appeals for the Federal Circuit affirmed the patent ineligibility of claims that it held to be directed to detecting natural phenomena by conventional techniques. CareDx, Inc. v. Natera, Inc., Case No. 2022-1027 (Fed. Cir. July 18, 2022) (Lourie, Bryson, Hughes, JJ.).

Patent 75
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3M Earplug Suits Lead To Ch. 11, Talc Claims To Be Estimated

IP Law 360

Military veteran claims pushed earplug maker and 3M unit Aearo into bankruptcy, a New Jersey judge ordered an estimation process for talc claims in the Chapter 11 of Johnson & Johnson's talc unit and the founders of bankrupt cryptocurrency hedge fund Three Arrows Capital are not responding to subpoenas. This is the week in bankruptcy.

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Trademark Modernization Act- An Analysis

IP and Legal Filings

The history of the federal trademark law is almost as old as the Constitution. On July 8, 1870, the Federal Trademark was enacted as the first US Federal law to protect the trademarks. However, the US Supreme Court in 1879, held that the law was unconstitutional because it was in conflict with the provision on patents in the US Constitution. Thus, was abolished.

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Meta Seeks Ax Of Copyright Suit Over Its Embedding Tool

IP Law 360

Facebook corporate parent Meta Platforms Inc. is urging a California federal judge to toss a copyright lawsuit against the tech giant over its embedding tool, citing the judge's decision last year to dismiss a similar lawsuit against Instagram.

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Electronic Gaming Podcast | IP Start-Up Issues - Scott McKinney

JD Supra Law

In this episode, Wilson Sonsini Partner Scott McKinney provides a general overview of intellectual property and why it matters. As a gamer himself, Scott delves into the various ways to protect a gaming company – from building off a platform engine to open source software, he discusses the legal implications and risks that founders would run into at a very early stage.

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TTABlog Test: Eight Section 2(d) Refusals (in Three Opinions), Two Refusals Reversed - Which Ones?

The TTABlog

Here are the Board's three latest opinions in Section 2(d) appeals, involving a total of eight refusals (six in the second case). Two of the refusals were reversed. Which ones? [Results in first comment]. In re Radnet, Inc. , Serial No. 90492198 (July 25, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(d) refusal of the mark YOUR BODY for “downloadable podcasts in the field of medical health by medical doctors and others experienced in the relevant medical topics discusse

Designs 64
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Ukraine: Intellectual Property as a War Weapon

IP Tech Blog

The Russian military offensive launched in Ukraine on 24 February prompted a number of European measures in many fields, including intellectual property. The Russian government responded by taking initiatives in this area as well. What are these measures and their consequences? We discuss them below for our English-speaking readers; for our discussion in French, see our post here.

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Something’s coming: How US companies can build resilience, survive a downturn, and thrive in the next cycle

McKinsey Operations

Leaders can both shore up defenses and prepare for growth—if they heed the call for transformational change.

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