Wed.Dec 28, 2022

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Russian Cinemas Get Help to Bypass Sanctions to Screen “Avatar: The Way of Water”

TorrentFreak

With its invasion of Ukraine, Russia ignited a regional conflict with global repercussions. Thousands of lives have been lost and many more ruined. In response, many U.S. entertainment industry companies took a stand by ceasing their Russian operations. Since Russia is a relatively small source of revenue, the damage is mostly contained for the major Hollywood studios.

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Claim Drafting Issues for Biotech, Chemical and Pharma Patent Applications, Part II: From Indefiniteness to Negative Claim Limitations, Know Best Practices

IP Watchdog

In our previous blog post, we covered claim construction, Markush Groups, and dependent claim invalidation. As stated previously, while it is impossible to cover all of the various issues related to claim drafting for biotech, chemical and pharma patent applications, in Part II we will highlight some more of the most common issues that may come up, including changes to the law around indefiniteness; product-by-process and means plus function claims; and negative claim limitations.

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Analysis of U.S. Pirate Site Domain Seizures During FIFA World Cup 2022

TorrentFreak

After gathering data and in the absence of announcements by U.S. law enforcement agencies, on December 10 TorrentFreak reported on a wave of domain seizures. Many of the affected sites displayed a banner indicating the involvement of three government agencies – IPR Center, Homeland Security Investigations, and the Department of Justice. Data clearly showed that the domains were all connected to illicit live sports streaming, but it took another three days for that to be officially confirme

Marketing 114
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Haug Partners Successfully Defends Takeda’s Vyvanse® Patents At Trial Against Generic Challenge

JD Supra Law

On December 27, 2022, Haug Partners LLP and Gibbons PC obtained a key victory as to all counts for its client, plaintiffs Takeda Pharmaceutical Co. Ltd. and Takeda Pharmaceuticals U.S.A., Inc., defeating a generic challenge by Norwich Pharmaceuticals Inc. to Takeda’s Orange Book-listed patents for Takeda’s multibillion dollar Vyvanse® product. In a 107-page Opinion, Judge….

Patent 98
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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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Righthaven – Media Bloggers Association files amicus brief

Likelihood of Confusion

I’ve written a little bit about the Righthaven lawsuits before. Now, as reported in the Las Vegas Sun, on behalf of the Media Bloggers Association I’ve helped write something that. The post Righthaven – Media Bloggers Association files amicus brief appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Court rejects pre-trial determination of a question of law about the nature of the section 8 but-for world

JD Supra Law

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (422 patent) – which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (Janssen’s ZYTIGA) and prednisone – invalid in actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations) against Apotex, Dr.

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New Balance "Made in the USA" claims may overstate US content

43(B)log

Cristostomo v. New Balance Athletics, Inc., No. 1:21-cv-12095-AK, 2022 WL 17904394 (D. Mass. Dec. 23, 2022) It’s not just the FTC interested in “Made in the USA” claims—here a court sustains a consumer protection complaint. “The plaintiffs purchased shoes from a premium New Balance 'Made in the USA' collection. New Balance admits the shoes in this collection are made of up to 30% foreign content but claims they adequately disclose this detail to consumers.

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TTABlog Test: Is CALIHEMP Geographically Descriptive of Skin Care Products?

The TTABlog

The USPTO refused to register the proposed mark CALIHEMP for “skin and body topical lotions, creams, oils, balms and salves for cosmetic use, all of the foregoing containing hemp oil extract containing hemp ingredients solely derived from hemp with a delta-9 tetrahyrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis,” deeming the mark primarily geographically descriptive of the goods under Section 2(e)(2).

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"smoked Gouda" plausibly communicates production method, not just flavor

43(B)log

Castle v. Kroger Co., F.Supp.3d -, 2022 WL 4776319 (E.D. Wis. Oct. 3, 2022) The court declined to dismiss some of Castle’s claims based on alleged false advertising of “smoked Gouda” as having actually been smoked, instead of having “smoke flavor” added. Plaintiff alleged reliance on the representations “Smoked Gouda” and “Distinctive, Smoky Flavor” on the front label as a reference to the cheese having been smoked “over hardwoods” and having its taste as a result of “being smoked on hardwoods.

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Genentech, Inc. v. Sandoz Inc. (Fed. Cir. 2022)

JD Supra Law

The Federal Circuit recently affirmed a district court judgment of invalidity for obviousness and for noninfringement for a series of patents challenged in ANDA litigation, in Genentech Inc. v. Sandoz Inc. In doing so, a majority of the panel illustrated perhaps unintentionally how initial impressions regarding the issues before the Court can influence the final outcome in circumstances where the Federal Circuit is compelled to give deference to the lower court.

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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 Changing Shape of Trade Secret Trials: An Increasing Shift to Juries and What that Means for Trade Secret Owners and their Lawyers (Part I)

LexBlog IP

There is a subtle but important shift that is taking place in the way that many trade secret cases are being litigated and going to trial. In the not-too-distant past, the vast majority of trade secret owners focused primarily on getting an injunction–generally in the form of a TRO or preliminary injunction–against a former employee. However, some trade secret owners are increasingly pursuing a different path–namely, a claim for damages–usually against a large partner, ve

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New York Passes Name, Image, and Likeness Law for College Athletes

JD Supra Law

The New York Collegiate Athletic Participation Compensation Act allows student athletes at colleges in New York to receive compensation for their name, image, and likeness and to use agents for endorsement deals—without forfeiting their scholarships or eligibility to play.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

Sinatro v. Barilla America, Inc., F.Supp.3d -, 2022 WL 10128276, No. 22-cv-03460-DMR (N.D. Cal. Oct. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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Latest Federal Court Cases - December 2022 #4

JD Supra Law

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence needed to successfully invalidate a patent as anticipated.

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The five stories that made 2022 a pivotal year for life sciences IP

IAM Magazine

IAM looks back at the most important pharmaceuticals developments of the past 12 months

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Our Top 10 Alerts from 2022

JD Supra Law

As we start a new year, we would like to share with you some of our most popular legal alerts from 2022. Our top alerts reflect the broad array of our capabilities – ranging in topics from Amazon marketplace and online intellectual property disputes, construction, corporate & securities, labor & employment, healthcare, immigration, litigation, and intellectual property.

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The five stories that made 2022 a pivotal year for life sciences IP

IAM Magazine

IAM looks back at the most important pharmaceuticals developments of the past 12 months

IP 52
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Congress Passes The Protecting American Intellectual Property Act of 2022

JD Supra Law

Pittsburgh, Pennsylvania Trade Secret and DTSALaw® | Lawyers | The Protecting American Intellectual Property Act | 2022 | S. 1294- In furtherance of the U.S. Government’s effort to protect American intellectual property, the House of Representatives passed the Protecting American Intellectual Property Act on December 22, 2022. By: Houston Harbaugh, P.C.

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The 5 Worst Copyright Decisions of 2022

Copyright Lately

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. Global conflicts, surging inflation and a lingering pandemic have made for another pretty awful year. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Remember: the smaller the numbers, the bigger the misses.

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Federal Circuit Review - November 2022

JD Supra Law

Restrictive Definitions Incorporated by Reference Do Not Necessarily Control for Later Patents in the Same Family - In Finjan LLC v. Eset, LLC, Appeal No. 21-2093, the Federal Circuit held that specific definitions provided in an earlier application in a patent family incorporated by reference into a later patent do not restrict the later patent if that patent does not include the definition.

Patent 52
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Are you Smarter than a Law Student? (Civil Procedure Edition)

Patently-O

The following comes from my 2022 Civil Procedure I Exam. – Dennis. Introduction : Dryson makes a “hair wand” that styles as it dries. The company also owns a design patent covering the product. In 2021, three different competitors started selling similar products. Dryson is considering suing them all together in a single lawsuit to be filed W.D.

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Disclosing auto-renewal may require lots of explicitness, Streamlabs discovers

43(B)log

Leventhal v. Streamlabs LLC, No. 22-cv-01330-LB, 2022 WL 17905111 (N.D. Cal. Dec. 23, 2022) Leventhal, on behalf of a nationwide class, alleged that Streamlabs LLC deceives consumers into signing up for a subscription product that carries an automatic monthly fee of $5.99. Streamlabs allows streamers collect donations from viewers through third-party payment processors (such as PayPal).

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