Fri.Oct 01, 2021

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Bond’s “No Time to Die” Leaks on Pirate Sites Before U.S. Premiere

TorrentFreak

This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay. In Australia, Bond fans will have to be even more patient for the planned mid-November premiere. This staggered release schedule isn’t uncommon.

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Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

JD Supra Law

- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man, Spider-Man, Doctor Strange, Ant-Man, Hawkeye, Black Widow, Falcon and Thor, has filed notices of copyright termination citing a provision of copyright law that grants full rights back to the authors of the work after a set period of time.

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EU Parliament Committee Adopts Digital Services Act

TorrentFreak

In recent years the European Commission has proposed and adopted various legislative changes to help combat online piracy. This includes the Copyright Directive which passed in 2019 as well as the Digital Services Act , which was officially unveiled last December. When it comes to the DSA, neither ‘side’ is completely satisfied with the proposed legislation.

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Counsel predict Leahy’s PTAB bill will pass, but with changes

Managing IP

In-house and private practice lawyers say Leahy’s attempt to strengthen the PTAB will probably succeed, but it is unclear whether all of his reforms will pass

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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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Pirate IPTV Service Nitro IPTV Asks Court to Dismiss Hollywood Lawsuit

TorrentFreak

In April 2020, companies owned by Columbia, Amazon, Disney, Paramount, Warner, and Universal (all members of the Alliance for Creativity and Entertainment) filed a lawsuit in the US against the operators of Nitro TV. The complaint alleged that operator Alejandro “Alex” Galindo engaged in “massive and blatant infringement” of the plaintiffs’ copyrighted works.

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Bill 64 Receives Royal Assent And Signals Major Reform For Quebec’s Privacy Landscape

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on September 28, 2021. On September 22, 2021, Quebec’s major privacy reform bill, An Act to modernize legislative provisions as regards the protection of personal information (Bill 64), received royal assent after being adopted by the Quebec National Assembly the day before.

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Tracking the Submissions: What the Government Heard in its Online Harms Consultation (Since It Refuses to Post Them)

Michael Geist

The Canadian government’s consultation on online harms concluded earlier this week with a wide range of organizations and experts responding with harshly critical submissions that warn of the harm to freedom of expression, the undermining of Canada’s position in the world as a leader in human rights, and the risk that the proposed measures could hurt the very groups it is purportedly intended to help.

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MarkIt to Market® - September 2021

JD Supra Law

The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently illegal under federal law, and provides cannabis legislation updates. In this issue: - Watching the Pot™ - Trailblazing Cannabis Legislation Updates - gTLD Sunrise Period Now Open: September 2021 Please see full Newsletter below for more information.

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Kavanaugh Tests Positive For COVID, Has No Symptoms

IP Law 360

Justice Brett Kavanaugh tested positive for COVID-19 on Thursday evening and will not attend Justice Amy Coney Barrett's investiture Friday, a court spokesperson said. He has been fully vaccinated since January and has no symptoms.

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Expect a dramatic finale to the Humira patent saga

IAM Magazine

Saturday Opinion: Alvotech’s speedy infringement trial could see its product jump the queue of adalimumab biosimilars in the final months before AbbVie’s exclusivity comes to an end.

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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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Manufacturing Continues to be Among Top Five Largest Employment Sectors

U.S. Department of Commerce

Manufacturing Continues to be Among Top Five Largest Employment Sectors. October 1, 2021. ASowah@doc.gov. Fri, 10/01/2021 - 09:26. Manufacturing. It’s no secret the manufacturing sector has a major impact on the U.S. economy, and every year Manufacturing Week offers an opportunity to recognize this sector’s significant impact on the nation. Manufacturing Week is designed to coincide with Manufacturing Day, which has been held the first Friday in October since 2011.

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Three Recent TTAB Inter Partes Decisions Among the End-of-Fiscal-Year Flurry

The TTABlog

The end of the USPTO fiscal year (September 30) yields a flurry of TTAB decisions. Among them are the three briefly described below. The Board held oral argument in each of these cases. The three opinions total a whopping 258 pages, so I will merely summarize the issues and link to the opinions. STX Financing, LLC v. Stacey Michelle Terrazas , Opposition No. 91240829 (September 22, 2021) [not precedential] (Opinion by Judge Christopher Larkin) [Sustaining in part and dismissing in part this oppo

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Supreme Court's Return Could Deliver Conservative Windfall

IP Law 360

The Supreme Court returns to the bench Monday for its first in-person arguments since the pandemic began, but the moment feels anything but normal. The courtroom is still closed to the public as the justices consider major cases involving abortion, gun rights and religious freedom under a cloud of scrutiny from lawmakers and activists.

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Ping® October 2021 Changes Coming to Non-Compete Agreements in Illinois

LexBlog IP

Scope. The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants.

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Locast Ruling Could Offer Narrow Path For Successor Apps

IP Law 360

Major TV networks notched a win recently when a New York federal court permanently barred streaming service Locast from transmitting broadcast content over the internet, but the ruling could also leave the door open for successor companies to attempt alternative streaming tactics, experts say.

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emails to 12 customers weren't commercial advertising or promotion

43(B)log

Elias Indus., Inc. v. Kissler & Co., 2021 WL 409835, No. 20-CV-01011-CCW (W.D. Pa. Feb. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Kissler is a plumbing repair part manufacturer and distributor that primarily sells non-OEM parts. Elias allegedly uses an online client portal that allows customers to place and track orders and provides further information on product pricing, availability, and the customer’s order history.

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Up Next At High Court: State Water Rights, CIA Black Sites

IP Law 360

The U.S. Supreme Court will begin its October 2021 term Monday with Mississippi's lawsuit accusing Tennessee of stealing millions of dollars worth of water, followed by thorny questions about the Sixth Amendment right to cross-examination and whether the government can shield information about CIA black sites.

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Patent Filings Roundup: Board Shirks SAS Institute, Defunct Jawbone Entity Sues Big Tech, and Gaming Industry Targeted in California Court

IP Watchdog

A normal filing week saw 27 new petitions, all inter partes reviews (IPRs), and 54 district court patent filings, a fair number related to a few new Leigh Rothschild campaigns, some pharma suits, and others. For whatever reason (one would assume, end of the quarter), an unusual number (hundreds) of non-practicing entity (NPE) suits terminated last week, at least against some defendants.

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Judge Says BuzzFeed's Use Of Instagram Embeds Wasn't Fair

IP Law 360

A New York federal judge has refused to dismiss claims from photojournalists who sued BuzzFeed over embedding their photos of protests over George Floyd's murder last year, rejecting the news company's fair use defense and finding it failed to transform the photos in any way.

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Judge Preska Allows Laryngoscope Case to Precede, Albeit With Fewer Claims

JD Supra Law

On September 2, 2021, United States District Judge Loretta A. Preska (S.D.N.Y.) granted in part and denied in part Defendants’ motion for judgment on the pleadings in Berall v. Pentax of America, Inc., et al. All in all, as set forth below, the decision was a mixed bag for both Plaintiff and Defendants.

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What Mainstreaming Of Litigation Finance Means For Industry

IP Law 360

The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

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TTAB Cancellation Proceedings Not Preclusive in District Court, Even Between Same Parties

JD Supra Law

Addressing the preclusive effect of judgments by tribunals with limited jurisdiction, the US Court of Appeals for the Third Circuit held that trademark cancellation proceedings before the Trademark Trial & Appeal Board (TTAB) do not have preclusive effect against trademark infringement lawsuits in federal district courts. Beasley v. Howard, Case No. 20-1119 (3d Cir.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen the launch of new Equifax data breach action, victims of Neil Woodford's fund collapse start proceedings and Johnson & Johnson in a dispute over eye laser technology. Here, Law360 looks at those and other new claims in the U.K.

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PTAB Strategies and Insights - September 2021: Inter and Intra Circuit Split Emerges on Forum Selection Clauses Barring PTAB Challenges

JD Supra Law

In our May 2021 Newsletter, we discussed whether patent owners could contract away the ability for a challenger to bring Patent Trial and Appeal Board (PTAB) invalidity challenges, e.g., inter partes or post grant reviews. We looked at the Federal Circuit cases addressing invalidity forum selection clauses in various types of agreements. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Pro Say: A Supreme Court Term Packed With Landmark Cases

IP Law 360

A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

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[Audio] Podcast: The Briefing by the IP Law Blog - Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

JD Supra Law

In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for "1-800 Contacts" to misdirect customers to its competing online store.

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Atty DQ'd In Ford Patent Infringement Case In Delaware

IP Law 360

A Delaware federal judge has barred an attorney from representing himself in a patent infringement suit he filed against Ford, saying he must be disqualified because he is also likely to be called on as a material witness in the case.

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Potential referral to the EBA: Is a reconsideration of the plausibility criterion plausible?

JD Supra Law

Technical Board of Appeal (“TBA”) No. 3.3.02 is about to refer a question to the Enlarge Board of Appeal (“EBA”) to determine whether post-published data should always be disregarded in the assessment of inventive step when the application as filed does not make it plausible that the technical effect relied upon is obtained.

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TV Equipment Co. Urges High Court To Pick Its Eligibility Case

IP Law 360

A company selling broadcast television equipment has asked the U.S. Supreme Court to review a Federal Circuit ruling that threw out its patent on automated captioning technology, arguing that its case is "a better candidate" than American Axle's widely watched high court bid on patent eligibility.

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A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

JD Supra Law

The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was not a proper copyright owner. Perea v. Editorial Cultural Inc., Case Nos. 19-2119, -2129 (1st Cir. Sept. 13, 2021) (Thompson J.

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Xiaomi Fights Philips 3G, 4G Standard-Essential Patent Suit

IP Law 360

A Chinese phone maker is fighting back against infringement claims brought by Phillips, rebutting allegations that the electronics giant offered it a license to use its mobile phone technology in the U.K. on fair terms.

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Beware the Ides of December!

Likelihood of Confusion

Or Beethoven’s birthday — either way, this is the time of year when, without prejudice to new posts that may bubble to the surface as the torrid flow of events. The post Beware the Ides of December! appeared first on LIKELIHOOD OF CONFUSION™.

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Ranks of Top Publishers in 2020 Announced

Velocity of Content

The arrival of October usually would mean the publishing world starts packing for Frankfurt Book Fair. The world’s largest publishing trade show went virtual in 2020. For 2021, there will be a fair – albeit a smaller fair than usual – as the world still struggles to get past the Covid-19 pandemic. “This year’s program will be a mix of in person and online events,” explains Andrew Albanese , Publishers Weekly senior writer.

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U.S. Courts Second Annual Bill of Rights Day Student Contest

Chicago IP

The United States Courts of Appeals along with the United States District Courts in the Seventh and Eighth Circuits are hosting the Second Annual Bill of Rights Day Contest. The Contest is open to all students in grades 3-12 in Arkansas, Illinois, Indiana, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin. Students are encouraged to submit art (videos, visual art, poems, songs) and essays on the Importance of the Bill of Rights.

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U.S. Courts Second Annual Bill of Rights Day Student Contest

LexBlog IP

The United States Courts of Appeals along with the United States District Courts in the Seventh and Eighth Circuits are hosting the Second Annual Bill of Rights Day Contest. The Contest is open to all students in grades 3-12 in Arkansas, Illinois, Indiana, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin. Students are encouraged to submit art (videos, visual art, poems, songs) and essays on the Importance of the Bill of Rights.

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