Thu.Aug 18, 2022

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The First 100 Cases at the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board (CCB), better known as the “copyright small claims court”, became a part of U.S. copyright law in December 2020 with the signing of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). . After a year and a half of rule making and infrastructure building, the CCB opened its doors in June 2022. Within a month, the first 70 cases had been filed.

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Reddit Bans ‘/r/PiratedGames’ for Excessive Copyright Claims

TorrentFreak

Reddit is without doubt one of the most popular user-submitted content sites that exists on the Internet. The community-driven platform has “subreddits” dedicated to pretty much every topic you can think of. These generate a constant stream of discussions and links, some more useful than others. Moderators play an essential role in bringing order to this chaos.

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3 Count: To Group, or Not

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Zillow Only Wants to Be Fined Once for 2,700 Photo Copyright Infringements. First off today, Jason Schneider at PetaPixel reports that Zillow is asking the Ninth Circuit Court of Appeals to reduce damages against them by ruling that a collection of 2,700 infringed photos should be treated as one infringement rather than 2,700 separate ones.

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Manga Piracy: New Shueisha U.S. Court Action Indicates Complex Investigation

TorrentFreak

In recent years, publishers of Japanese manga comics have been sending a sustained and clear message that content piracy will not be tolerated, wherever it takes place in the world. The problems faced by companies including Shueisha, Kadowaka, Kodansha, and Shogakukan, are easy to describe but much more difficult to counter. Japan-based pirate site operators serving a domestic audience face experienced local investigators, law enforcement agencies, and a relatively high prospect of criminal sanc

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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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[Audio] From Accidental Entrepreneur to a $2.5M raise, with Cycle Labs' Josh Owen

JD Supra Law

Josh Owen never looked at himself as an entrepreneur. He formed his first company Tryon Solutions to do some consulting work, and before he knew it, the company had grown to the point where it had about 100 employees. For Josh, it was time to try another idea, which required funding. Even after a $2.5M raise to start his new company Cycle Labs, he still doesn't think of himself as an entrepreneur - he's simply someone who likes to solve problems.

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Bill 96: When the Charter of the French Language clashes with the Law of Trademark

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 24, 2022, the Québec government adopted Bill 96 , one year after it was introduced. This Act modifies the use of French language in business and commerce in the province of Québec. Among a variety of aspects affected in business operations, the Act greatly tightened the requirements regarding the use of French in trademarks and public signage.

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11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

I’m going on a limb and saying that I believe this is the first appellate court upholding a 512(f) plaintiff win. The closest plaintiffs have gotten in the past is the Ninth Circuit’s Lenz case , which had plaintiff-favorable language but did not rule on the merits (that case eventually settled). Here, the 11th Circuit, in a per curiam unpublished decision, upholds the plaintiff’s 512(f) win at trial and greenlights the plaintiff for damages, costs, and possibly attorneys’

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‘Processor’ and ‘Storage’ Interpreted Broadly and Not Means-Plus-Function Element

JD Supra Law

In VDPP LLC v. Vizio, Inc.,1 the Federal Circuit held that the claim terms “processor” and “storage” were not considered to be drafted in means-plus-function format and, therefore, were not subject to interpretation under 35 U.S.C. § 112(f).

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Amici Warn of Internet Archive’s Dangerous “Lending” Practice

Copyright Alliance

It’s not often that amicus briefs are filed at the summary judgment stage of a trial in district court, but the stakes are high in a case that could have […]. The post Amici Warn of Internet Archive’s Dangerous “Lending” Practice appeared first on Copyright Alliance.

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Using analytics to address inflation risks and strengthen competitive positioning

McKinsey Operations

In the new inflationary environment, company leaders can protect their business and gain competitive advantage by deploying analytics-aided strategies.

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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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Software Escrow FAQs

JD Supra Law

Learn more about Software Escrow Agreements and Verification testing options for on-premise and cloud-hosted/SaaS applications, Software Escrow Vaults, Software Escrow Release events, and more in our Software Source Code Escrow FAQs below. What is Software Escrow? A Software Escrow Agreement is a simple and effective arrangement with mutually-agreed terms between the software customer, software supplier and NCC Group, specifically designed to mitigate risk and protect the interests of all.

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Leveraging Semantics for Effective Navigation of Scientific Content – A Copyright Clearance Center and SciBite Perspective

Velocity of Content

In an increasingly data-driven society, it can be overwhelming to keep your knowledge base current, and effectively utilize data. The result in many organizations is underutilizing the data and content available to them. This is particularly prevalent in disciplines like the life sciences where the data is largely unstructured in nature and where heterogenous and rapidly evolving terminology is prevalent.

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Protecting Fashion Brands in the Metaverse and Beyond

JD Supra Law

By now, many have likely heard of the metaverse—a network of digital environments where individuals can use avatars to, among other things, interact and shop. The metaverse is undoubtedly one of the hottest topics in recent years.

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CA Cannabis Co. Drops Suit Over Uncle Bud's Trademark

IP Law 360

A California cannabis company has agreed to drop a lawsuit over whether a corporation in New York adopted its brand name, committing trademark infringement.

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[Ongoing Program] Digital Marketing & Advertising: The Legal Side of AI, NFTs, Virtual Influencers and Dark Patterns - October 13th, 12:00 pm - 1:00 pm ET

JD Supra Law

The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels. Join us to learn about the legal aspects of these emerging topics and the latest digital tech and media trends that could impact your next marketing & advertising campaign.

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How to obtain commercially useful patents for AI in Europe

IAM Magazine

Although it is tempting to think that such rights are too difficult to secure, there are ways through to getting meaningful protection from the EPO

Patent 98
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When Do I Need a Model Release Form? (Plus a free sample!)

Art Law Journal

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” That’s understandable since the answer can vary from state to state! For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents.

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Transforming global trade: Views from Tradeshift CEO Christian Lanng

McKinsey Operations

The leader of the Danish-born fintech talks about modernizing B2B payments, the significance of global trade, and an early meeting with a Silicon Valley mentor that keeps him centered.

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Doc Filmmakers Brief in AWF v. Goldsmith is Misguided

The Illusion of More

In both Andy Warhol Foundation v. Lynn Goldsmith (SCOTUS) and Hachette et al v. Internet Archive (SDNY), the amicus briefs are piling up fast. Not that I have any intention of writing about every argument presented in either case, but rummaging through the briefs in Warhol, one filed by a group of documentary filmmakers on […]. The post Doc Filmmakers Brief in AWF v.

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The Advantages of Visualization in Competitive Landscape Analysis

IP.com

The post The Advantages of Visualization in Competitive Landscape Analysis appeared first on IP.com - IP Innovation and Analytics.

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Scope of IPR Estoppel: Reasonable Procedural Steps

Patently-O

By Dennis Crouch. Almost all patent law professionals will agree that an accused infringer with good prior art generally has a much better chance of getting the claims cancelled via IPR rather than asking a jury to decide. Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed.

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Optimizing front- and back-office services in advanced electronics

McKinsey Operations

By using digital and analytics to simplify end-to-end processes, organizations can improve margins and customer experience.

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Eleventh Circuit Affirms Finding that Takedown Notice for Auto Stickers Violated DMCA

IP Watchdog

The U.S. Court of Appeals for the Eleventh Circuit on Wednesday affirmed a district court’s comprehensive order finding that Day to Day Imports, Inc. (DDI) acted with willful blindness in submitting a fifth Takedown Notice to Amazon asking that auto stickers it alleged infringed its licensed artwork be removed from the site. DDI took a license in 2016 to the copyright for artwork created by Harold Walters for a set of replacement stickers for the dashboard climate controls for certain General Mo

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Fed. Circ. Told Judge Wrongly Axed Camera IP In GoPro Case

IP Law 360

Contour IP Holding LLC has urged the Federal Circuit to undo a finding that camera technology it accused GoPro Inc. of infringing wasn't protected by patent law, saying a lower court erred by ruling that the patents didn't cover patentable subject matter.

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CAFC Says Generic Blood Pressure Product Described in ANDA Will Not Infringe Par Pharma Patents

IP Watchdog

In its third precedential patent decision this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s finding that Eagle Pharmaceuticals, Inc.’s abbreviated new drug application (ANDA) does not infringe two patents owned by Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par).

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9th Circ. Urged To Back Automotive Data Co.'s Win In IP Suit

IP Law 360

A J.D. Power subsidiary is asking the Ninth Circuit to affirm a ruling that it did not infringe an automotive image provider's copyrights when it allegedly continued letting clients use several photos to sell their cars after the companies' licensing agreement expired.

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Streamlining Patent Examination: Amendments to Canada’s Patent Rules Coming Into Effect Soon

IP Watchdog

Responding to the patent term adjustment obligation under the Canada-United States-Mexico Agreement (CUSMA) and to “streamline the patent examination process”, the Canadian government has registered major changes to the Canadian Patent Rules. The amendments will come into effect on October 3, 2022, and include notable modifications to the patent application examination process, such as establishing excess claim fees for over 20 claims, fees for continuing examination beyond three office actions,

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Fashion Law Update – August 2022

JD Supra Law

In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and around the world. Our team is keeping track of these developments and can provide more information if you have further questions.

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Post Malone Says Artist Suing Over 'Circles' Hid 'Critical' Texts

IP Law 360

Post Malone asked a California federal judge Thursday to sanction an artist who claims he helped write the rapper's hit song "Circles," arguing that the artist hid crucial text messages that contradict his claims and the alleged discovery violations are so severe that the court should throw out the case.

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No More Waco, Texas Hold ‘Em on Patent Litigation Cases

JD Supra Law

It isn’t every day that the literal landscape of patent litigation changes radically with the stroke of a pen. Monday, July 25, 2022 was such a day. That’s when Chief Judge Orlando H. Garcia of the U.S. District Court for the Western District of Texas issued an “Order Assigning the Business of the Court as it Relates to Patent Cases.”.

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Using Bayh-Dole To Control Drug Prices Would Skew Statute

IP Law 360

Acceding to 100 congressional lawmakers' request that the Bayh-Dole Act be used to impose price controls on certain drugs by administrative fiat would misrepresent the statute and jeopardize the robust American innovation ecosystem it was meant to enhance, says Brian O'Shaughnessy at Dinsmore.

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when is a trademark licensee's use of a TM deceptive to consumers?

43(B)log

Puma v. Wal-Mart Stores East, LP, No. A-1-CA-38023, 2022 WL 3221810, -- P.3d – (N.M. Ct. App. Aug. 9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Based on Black & Decker’s reputation, the Pumas thought the coffeemaker would be better than the lower-priced store brand and paid more for it as a result.

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University Successfully Argues Prior Art’s Disclosures Were Not “By Another”

JD Supra Law

Summary: Determining whether a patent or application’s disclosure is “by another” under § 102(e) requires evaluating the relied-upon portions of the disclosure to determine if the source of this disclosure is truly “by another;” a Board’s determination of untimeliness must be appealed even if the Board reaches the merits of the argument.

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R2 Saves the Day: You Gotta Release and Remove

LexBlog IP

In Fluid Energy Group Ltd. v. Green Products and Technologies, LLC , IPR2021-00357, Paper 48 (P.T.A.B. July 5, 2022), the Patent Trial and Appeal Board (“the Board”) issued a Final Written Decision finding no challenged claims unpatentable even though an inter partes review (“IPR”) was instituted. Read more.

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The USPTO’s Increasing Focus on FDA Submissions and the Duty of Disclosure

JD Supra Law

???????The United States Patent and Trademark Office (USPTO) imposes a Duty of Disclosure, Candor and Good Faith (Duty of Disclosure) on all individuals associated with the filing and prosecution of a patent application before the USPTO. This Duty requires that these individuals disclose to the USPTO any information known to them that is material to the prosecution of a patent application.