Thu.Feb 03, 2022

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Romania’s Continued Struggles with Academic Integrity

Plagiarism Today

A report yesterday on the Radio Free Europe/Radio Liberty (RFE/RL) website takes a deep dive into Romania’s history with academic integrity. According to the report, even in 2022, the country is having widespread issues with cheating, plagiarism and academic integrity broadly. The report begins and ends with a man named Mihai Costache (not his real name), who remembers widespread cheating and copying in his high school classrooms.

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Dutch ISP is Not Required to Forward Piracy Warnings, Court Rules

TorrentFreak

When it comes to civil anti-piracy enforcement, BREIN is without a doubt one of the best-known players in the industry. The group, which receives support from Hollywood and other content industries, has shuttered hundreds of sites and services in recent history. BREIN has also targeted several prolific BitTorrent uploaders over the years, with success.

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3 Count: YouTube Battles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTuber Hit With Ungodly Number Of Anime Copyright Strikes Gets A Win For Everyone. First off today, Isaiah Colbert at Kotaku reports that YouTuber Mark Fitzpatrick has won a partial victory in his battle with Toei Animation, one that will see many of his videos restored, at least in the United States.

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Not Ready for Prime Time: Why Bill C-11 Leaves the Door Open to CRTC Regulation of User Generated Content

Michael Geist

Canadian Heritage Minister Pablo Rodriguez introduced the much-anticipated sequel to Bill C-10 yesterday. The minister and his department insisted that the new Bill C-11 addressed the concerns raised with Bill C-10 and that Canadians could be assured that regulating user generated content is off the table. Unfortunately, that simply isn’t the case.

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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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MPA, Amazon & Apple Urge Court to Issue Rapid Pirate IPTV Injunction

TorrentFreak

Last December, movie and TV giants Universal, Disney, Paramount, Warner and Columbia joined Netflix, Amazon, Apple and several other studios in a lawsuit against Texas resident Dwayne Anthony Johnson. According to the plaintiffs, Johnson (and Does 1-20) are the brains behind pirate IPTV providers AllAccessTV (AATV) and Quality Restreams. In common with several similar suits, the complaint claims that the services supply infringing movies and TV shows via their IPTV and VOD platforms, with AATV a

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Turning Red Turns to the Home Screen

IPilogue

Photo by capri23auto ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . Turning Red , a Pixar animated movie set in Toronto and directed by Canadian filmmaker Domee Shi, was initially set to be released in theatres on March 11, 2022. However, due to the surge of COVID-19 cases, Disney has moved the film’s release online to their streaming service Disney+.

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Intellectual Property Rights in the Metaverse: Hèrmes v. Rothschild and the MetaBirkins Saga

JD Supra Law

Intellectual property rights can get muddled in the “real world” and with the advent of virtual worlds, such as the Metaverse, this will only further complicate matters for brand owners who will now have to monitor and enforce their rights in the boundless virtual world. Indeed, legal disputes are already surfacing in the courts.

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Unlocking Socioeconomic Potential Through Global Collaboration at NISO Plus

Velocity of Content

This February 15-17, 2022, the National Information Standards Organization’s (NISO) Plus 2022 event is set to bring people together from across the global information community to share updates and participate in conversations about our shared challenges and opportunities. The theme, “Global Conversations, Global Connections” will focus on identifying concrete next steps to improve information flow and interoperability and help solve existing and potential future problems.

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Potential Pitfalls When Using Music in Social Media Marketing

JD Supra Law

Harnessing the power of social media to market products and services is now commonplace, and can take a number of forms, including paying social media "influencers" to create content promoting products, reposting content created by unpaid consumers (known as "user-generated content"), and posting original content on a business's own social media account.

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Counsel at odds over UK designs overhaul

Managing IP

Counsel say the UKIPO’s call for views on post-Brexit design laws provides a chance to explore new opportunities, but note that red flags have been raised

Designs 98
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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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Federal Circuit Rejects “Unanswered Questions” Indefiniteness Standard

JD Supra Law

Last week, a split Federal Circuit panel reversed a decision invalidating certain computer-aided-design patent claims because the district court used an incorrect indefiniteness standard.

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National Black History Month: U.S. Census Bureau Releases Key Stats on Nation's Black Population

U.S. Department of Commerce

National Black History Month: U.S. Census Bureau Releases Key Stats on Nation's Black Population. February 3, 2022. KCPullen@doc.gov. Thu, 02/03/2022 - 13:16. 2020 Census. The following is a cross-post from the U.S. Census Bureau. To commemorate and celebrate the contributions to our nation made by people of African descent, American historian Carter G.

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Melinta Therapeutics, LLC v. Nexus Pharms., Inc.

JD Supra Law

Case Name: Melinta Therapeutics, LLC v. Nexus Pharms., Inc., C.A. No. 2:21-cv-11198 (BRM) (AME), 2021 WL 5150157 (D.N.J Nov. 5, 2021) (Martinotti, J.) - Drug Product and Patent(s)-in-Suit: Minocin® (minocycline HCl); U.S. Patents Nos. 9,084,802 (“the ’802 patent”) and 9,278,105 (“the ’105 patent”).

Patent 98
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Senate Judiciary Moves Open App Markets Act Forward

IP Watchdog

On February 3, during an Executive Business Meeting of the Senate Judiciary Committee, Senator Thom Tillis (R-NC) proposed several amendments on the markup of S. 2710, the Open App Markets Act. The bill would apply existing U.S. antitrust law under the Federal Trade Commission (FTC) Act or the Clayton Act for enforcement actions against companies that engage in anticompetitive practices in app stores, such as requiring app developers to use a favored in-app payment system for accessing consumers

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Ho, Ho, No: CAFC Delivers Reversal, Vacatur, and Remand in Christmas Tree Row

JD Supra Law

The Federal Circuit recently issued another decision in a longstanding dispute between Willis Electric Co. and Polygroup Ltd. involving two patents owned by Willis (U.S. Patent Nos. 8,454,186 and 8,454,187) directed to lighted artificial Christmas tree technology.

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IP Forecast: 11th Circ. To Eye Biz's $20M Trade Secrets Loss

IP Law 360

The Eleventh Circuit next week will consider arguments from owners of a defunct South Florida drug treatment center to wipe out a nearly $20 million verdict against them after a jury found they stole trade secrets from an electronic medical records provider. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Broad Files Substantive Preliminary Motion No. 1 to Substitute the Count

JD Supra Law

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to substitute the interference Count, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2).

Patent 97
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English FRAND Developments to Watch Out for in 2022

IP Watchdog

For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony. The English Patents Court is no exception, with multi-jurisdictional patent disputes often featuring an English action.

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The UPC Opt-out for European Patents – Should I Stay or Should I Go?

JD Supra Law

For further insights related to the Unitary Patent and the Unified Patent Court click here. Proprietors of European Patents will have the opportunity to avoid jurisdiction of the Unified Patent Court by filing so-called opt-out applications during an initial Transitional Period of at least seven years. An opt-out will remove the jurisdiction of the UPC for the opted-out European Patent and effectively maintain the judicial status quo: Opted-out European Patents can only be enforced or.

Patent 97
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Contextual advertising and the right of publicity

43(B)log

Champion v. Moda Operandi, Inc., F.Supp.3d -, 2021 WL 4340670, No. 20 Civ. 7255 (CM) (S.D.N.Y. Sept. 22, 2021) This case should be of interest to people working on contextual advertising. In one way, it's a replay of the Stewart v. Rolling Stone litigation, though the facts are more internet-oriented. Plaintiffs are fashion models whose runway appearances were featured in Vogue.

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The Fundamentals of the Unified Patent Court System and the New Unitary Patent

JD Supra Law

To understand the impact of the Unitary Patent and the Unified Patent Court, it is helpful to consider the status quo of European patent law. Each European country has its own patent laws, and patents are generally granted with national effect only.

Patent 96
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Helados Mexico and La Michoacana don't suggest Mexican origin to reasonable consumers

43(B)log

Romero v. Tropicale Foods, LLC, No. EDCV 21-1165 JGB (SHKx), 2021 WL 6751908 (C.D. Cal. Dec. 22, 2021) Plaintiffs brought the usual California claims (and NY claims) against Helados Mexico and La Michoacana paletas, or ice cream products, alleging that they deceived consumers into thinking that they were made in Mexico. The court held that the complaint didn’t plausibly allege that a reasonable consumer would be misled, particularly by the use of Spanish terms and phrases.

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Creator Spotlight with Illustrator Jam Dong

Copyright Alliance

This week we’d like to introduce you to Illustrator Jam Dong. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? I believe everyone […]. The post Creator Spotlight with Illustrator Jam Dong appeared first on Copyright Alliance.

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EU set to put spotlight on essentiality in new SEP policy

Managing IP

In-house sources from both sides of the SEP licensing fence expect a new policy initiative to introduce further transparency in portfolios

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What is a good utility patent?

Patent Trademark Blog

What makes a utility patent good? A patent can be both a sword and shield. Defensively, a patent blocks future applicants from patenting the same invention. Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. In this post, we’ll look at what makes for a good utility patent on offense. Which part of a utility patent defines your rights?

Patent 52
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Do you need a lawyer to represent a business in court?

LexBlog IP

Do businesses need an attorney to represent them in court? Attorney Marcos E. Garciaacosta explains. The post Do you need a lawyer to represent a business in court? appeared first on Legal Business Global.

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How do you know if have a good utility patent?

Patent Trademark Blog

What makes a utility patent good? A patent can be both a sword and shield. Defensively, a patent blocks future applicants from patenting the same invention. Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. In this post, we’ll look at what makes for a good utility patent on offense. Which part of a utility patent defines your rights?

Patent 52
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What Florida Schools Need to Know as High School Student-Athletes Seek NIL Compensation

JD Supra Law

When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed lawsuit has opened the door to a potentially new angle that Florida schools may need to soon manage: whether high school student-athletes are entitled to compensation for their NIL.

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Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

The IP Law Blog

INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., Twas all about exclusive right to control the use of Gruyere for cheeses in the US. This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE.

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PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA

JD Supra Law

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not have the particular experience required for ordinary skill in the art, the Court held that the administrative law judge (ALJ) abused his discretion by admitting the expert’s testimony on issues analyzed through the lens of a skilled artisan.

Art 52
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FBI Warns Olympics/Paralympics Participants of Cyber “Activities”

LexBlog IP

On January 31, 2022, the FBI issued a Private Industry Notification entitled “Potential for Malicious Cyber Activities to Disrupt the 2022 Beijing Winter Olympics and Paralympics,” warning those associated with the Olympics and Paralympics being held in Beijing that “cyber actors could use a broad range of cyber activities to disrupt these events.” The activities that could be used include “distributed denial of service (DDoS) attacks, ransomware, malware, social en

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Court permits amendment of patent record to remove inventors and co-owner

JD Supra Law

In H. Lundbeck v Canada (Commissioner of Patents), 2021 FC 1394, the Court granted an application to amend a patent record to remove inventors and a co-owner. A Notice of Allegation (NOA) in respect of the patent was served after the application record was filed. The Court concluded that granting the application was appropriate as the NOA does not impugn ownership or inventorship, and there was no indication of how granting the application would prejudice rights or interests of the parties to.

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Counsel call for transparency in China’s bad-faith screening

Managing IP

Sources say China’s measures to tackle bad-faith patent filings have delivered mixed results, and genuine applicants are suffering because of its lack of transparency

Patent 52
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Alleged Trademark Infringer Remains Hog-Tied after Appeal

JD Supra Law

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of a preliminary injunction. The Trial Lawyers College v. Gerry Spence Trial Lawyers College at Thunderhead Ranch, Case No. 20-8038 (10th Cir.

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Buyer and seller can be pleased with the BlackBerry patent sale’s outcome

IAM Magazine

The Canadian company has secured another three years’ worth of income from an encumbered portfolio, while the buyers can take high-quality assets into new markets.