Fri.Dec 23, 2022

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Home Alone is the Most Pirated Classic Christmas Movie

TorrentFreak

As the holiday season approaches, many people choose Christmas movies to get into the festive spirit. Given that some are considered classics in their own right, it’s no surprise that December viewings have become a beloved tradition for many families. In most cases, Christmas movies are watched through legal channels. Behind the curtains of some homes, however, holiday entertainment arrives through TCP packets and The Pirate Bay, neatly wrapped in an MP4 container.

Reporting 137
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Factual Disputes Preclude Grant of Summary Judgment of Improper Inventorship

JD Supra Law

Plastipak Packaging, Inc. v. Premium Waters, Inc. Before Newman, Stoll, and Stark. Appeal from the United States District Court for the Western District of Wisconsin. Summary: An overwhelming amount of evidence in favor of summary judgment is not sufficient if the nonmoving party presents evidence on which a reasonable factfinder could rely.

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Art is Human

The Illusion of More

A few months ago, I attended a local event, where photographer Doug Menuez spoke about his project “Wild Place: The People of Kingston, NY.” The description on his website begins. Wild Place is the English translation of Wiltwyck, the original name given to Kingston, New York, in 1661 by Peter Stuyvesant and […]. The post Art is Human appeared first on The Illusion of More.

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Rapid Pirate IPTV Blocking Proposal Put to Public Consultation in Italy

TorrentFreak

Member states of the European Union must allow rightsholders to protect their rights. Enforcement measures are of “paramount importance” according to Article 3 of the Enforcement Directive. After 15 years of tuning across the EU, site-blocking injunctions are a priority enforcement tool. Rightsholder applications target ISPs with evidence of subscribers and pirate sites infringing their rights.

Copyright 110
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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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PTAB Decides Parties' Motions in CRISPR Interference

JD Supra Law

Having heard oral argument at a hearing held on Monday, November 21st, the Patent Trial and Appeal Board on December 14th entered its decision on motions in Interference No 106,132 between Senior Party Sigma-Aldrich ("Sigma") and Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC").

Patent 98
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Data and analytics innovations to address emerging challenges in credit portfolio management

McKinsey Operations

Results from a new survey by McKinsey and IACPM reveal challenges and opportunities in new data techniques for credit portfolio management.

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More Trending

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FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as a simple formation question because FitBit used a “clickwrap” (i.e., a checkbox confirming acceptance of the TOS in addition to the account creation button). Google represented, and the court accepted, that a consumer could not proceed with the account creation until the box was checked.

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‘Whole whole whole’ - T-358/21 – Assessment of the food industry’s genuine use evidence

The IPKat

Excuse this Kat for not having resisted using a pun in this post title – wishing all of you happy Holidays and a healthy New Year! This post discusses a case decided by the EU General Court earlier this month regarding the genuine use of a trade mark ( T-358/21 ). Once more, this case stresses the importance of the ‘as a whole’ approach. Background ALTUNIS – TRADING (‘ALTUNIS’) is the proprietor of the contested EUTM below (No 683250; Classes 29 and 30), which was filed on 21 November 1997 and r

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FTC pre-holiday report warns against ‘dark patterns’ and explains why not to trust Santa

IP Watchdog

The Federal Commission (FTC) released its annual pre-Holiday report (the “Report”) explaining “how companies are increasingly using sophisticated design practices known as 'dark patterns' that can trick or manipulate consumers into buying products or services or giving up their privacy.” Although not specifically identified in this Report, sources claim that Santa has been under investigation for increasingly using “dark patterns” to improperly discover when each of the world’s 2 billion childre

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claims based on false movie trailer promise of Ana De Armas's presence can proceed

43(B)log

Woulfe v. Universal City Studios LLC, No. 22-cv-00459-SVW-AGR (C.D. Cal. Dec. 20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

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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 Most-Read Legal Industry Law360 Guest Articles Of 2022

IP Law 360

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.

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Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2022

Trading Secrets

In the final 2022 webinar, Seyfarth attorneys Kate Perrelli, Dan Hart, and Dallin Wilson discussed new and pending legislation and enforcement issues for non-competes. As a conclusion to this webinar, we compiled a summary of takeaways: State law on restrictive covenant agreements continues to evolve, with more states imposing compensation thresholds, notice requirements, penalties, and other obligations on employers that make enforcement of restrictive covenants more difficult.

Law 64
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Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (I)

JD Supra Law

The new trends of motorization, intelligence, networking, and shared service of automobiles are leading to a global reform and becoming industrial technological highlands across the world. They are included in the strategic focus and also represent the innovation direction of China’s automotive industry.

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Goldfish crackers are not plausibly understood as weight control foods even w/zero sugar

43(B)log

Cleveland v. Campbell Soup Co., F.Supp.3d -, 2022 WL 17835514, No. 21-cv-06002-JD (N.D. Cal. Dec. 21, 2022) Plaintiffs alleged that they were duped into buying Goldfish crackers as a “healthy” and reduced-calorie snack choice because certain Goldfish packages indicated on the front label that the crackers contained “0g Sugars.” They brought claims under the consumer protection laws of California and New York law, and claims for restitution and breach of warranty.

Law 59
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Celltrion USA Announces Submission of BLA for Subcutaneous Infliximab Biosimilar 

LexBlog IP

On December 22, 2022, Celltrion USA announced that it submitted a Biologics License Application (BLA) for a subcutaneous formulation of infliximab, CT-P13, to the U.S. Food and Drug Administration (FDA). According to Celltrion, the BLA is based on phase III pivotal data that evaluated the efficacy and safety of CT-P13 as a maintenance therapy in patients with moderately to severely active ulcerative colitis and Crohn’s disease.

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[Video] 5 Key Takeaways | Why Trademark Policy Matters to Brand Owners Large and Small

JD Supra Law

Partner Dan Englander moderated a recent panel at the International Trademark Association (INTA) Annual Meeting that addressed “Why Trademark Policy Matters to Brand Owners Large and Small.” The panelists discussed provisions concerning protection of trademarks and enforcement against counterfeit goods at the World Trade Organization on Trade-Related Aspects of Intellectual Property Rights.

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The Briefing by the IP Law Blog: After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act

The IP Law Blog

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Our Top 8 Most Popular Insights of 2022

JD Supra Law

As 2022 draws to a close, what better time to revisit our most popular insights of the last year and see what topics have engaged our client industries? Our attorneys work hard to stay on the cutting edge of industry developments and changes affecting our clients’ businesses. We regularly author time-sensitive alerts and issue-targeted articles relevant to our clients’ industries, and we partner with JD Supra to expand the reach of our alerts, newsletters, and other relevant thought leadership.

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Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2022

LexBlog IP

In the final 2022 webinar, Seyfarth attorneys Kate Perrelli, Dan Hart, and Dallin Wilson discussed new and pending legislation and enforcement issues for non-competes. As a conclusion to this webinar, we compiled a summary of takeaways: State law on restrictive covenant agreements continues to evolve, with more states imposing compensation thresholds, notice requirements, penalties, and other obligations on employers that make enforcement of restrictive covenants more difficult.

Law 52
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[Audio] Podcast: The Briefing by the IP Law Blog - After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act

JD Supra Law

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog.

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Judge Feinerman Returning to Private Practice

Chicago IP

Congratulations to Judge Feinerman who has decided to retire from the federal bench and return to private practice at the end of the year. His thoughtful analysis, kind demeanor and thorough, well-reasoned opinions will be missed. Judge Feinerman’s move will create a third vacancy on the Northern District of Illinois bench. The others were created when Judge Norgle took inactive senior status in October and when Judge Dow left the bench to become counselor to Chief Justice Roberts.

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USPTO Non-DOCX Surcharge Set to Roll-Out on Jan. 1, 2023

JD Supra Law

The United States Patent and Trademark Office (USPTO) will begin applying a surcharge to all applications filed in non-DOCX form on January 1, 2023. The USPTO previously delayed its roll-out, but by all accounts it will happen this time.

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DSA: Delegated Regulation setting the methodology and procedure for determining the Supervisory Fee

LexBlog IP

The first draft delegated regulation supplementing the Digital Services Act ( DSA ) was published by the European Commission yesterday. The regulation outlines the criteria to be used when calculating the supervisory fees which will be charged on very large online platforms ( VLOPs ) and very large online search engines ( VLOSEs ) under Article 43 of the DSA.

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The Grand Board of EUIPO ruled in the ICELAND case: Both contested EUTMs were registered in breach of Article 7(1)(c) EUTMR

The IPKat

Remember the infamous case(s) "ICELAND" for which the EUIPO opened its doors with the first oral hearing before the Grand Board of the EUIPO – back in September 2022? We now know the outcome of the decision(s): the invalidity of the word mark "ICELAND" and the related figurative mark (below) was confirmed – concluding that both marks had been registered contrary to provisions of Article 7(1)(c) EUTMR.

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Recommended Reading: The Trademark Reporter, November-December 2022 Issue

The TTABlog

INTA has published the November-December, 2022 (Vol. 112 No. 6) issue of The Trademark Reporter (TMR). [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers our readers two firsts for the TMR: two data-rich articles analyzing trademark applications to the United States Patent and Trademark Office and the European Union Intellectual Property Office, respectively, and offering data-informed insights to brand owners and thought leaders alike.

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[Video] The Briefing by the IP Law Blog: After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act

JD Supra Law

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog.

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Congress Sends $1.7T Spending Deal To Biden

IP Law 360

The U.S. House of Representatives voted 225-201 on Friday to pass a $1.7 trillion spending package funding the government through September and approving a number of last-minute policy agreements at the end of the congressional session.

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The Briefing by the IP Law Blog: After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act

LexBlog IP

The U.S. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

Indianapolis, Indiana – The Plaintiff, Gema USA , Inc. (“Gema”) is a Switzerland based company that was founded in 1897 as a metalworking company and operates out of Indianapolis. Since 2012, Gema has been a part of the global Graco Group , an internationally leading manufacture of liquid conveyance systems and components. According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems.

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Judge Feinerman Returning to Private Practice

LexBlog IP

Congratulations to Judge Feinerman who has decided to retire from the federal bench and return to private practice at the end of the year. His thoughtful analysis, kind demeanor and thorough, well-reasoned opinions will be missed. Judge Feinerman’s move will create a third vacancy on the Northern District of Illinois bench. The others were created when Judge Norgle took inactive senior status in October and when Judge Dow left the bench to become counselor to Chief Justice Roberts.

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Watch out for the pigs. IAM Christmas traditions

IAM Magazine

As we move into the festive period, we share our established family Christmas customs and those that are just beginning

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Interesting Opinion About the Ethics of Giving an Opinion of Counsel to One Client About Another Client’s Patent

Patently-O

by David Hricik, Mercer Law School. There are a number of ethics opinions and a couple of cases discussing whether it is adverse to opine — infringement, design around, and invalidity — for a client about another’s patent. This case addresses the issue in the context of consent. In Kimberly-Clark Corp. v. Extrusion Grp., LLC , 1:18-CV-04754-SDG, 2021 WL 2291078 (N.D.

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Watch out for the pigs. IAM Christmas traditions

IAM Magazine

As we move into the festive period, we share our established family Christmas customs and those that are just beginning

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