Thu.Oct 14, 2021

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Hollywood and Publisher Injunctions Lead to New UK ISP Piracy Blocks

TorrentFreak

For more than a decade, copyright holders have been able to file an application for High Court injunctions that compel Internet service providers to block infringing sites in the UK. Early targets for the movie and music industries were leading platforms such as the infamous Pirate Bay but, over time, the scale of the task has expanded to include hundreds, perhaps thousands of domains.

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Transactions in the Age of Artificial Intelligence: Risks and Considerations

JD Supra Law

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010. The COVID pandemic interrupted this trajectory, causing acquisitions to fall from 242 in 2019 to 159 in 2020.

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Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding for Award of Attorneys’ Fees

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285 in favor of Energy Heating et. al., thus upholding an award of attorneys’ fees based on inequitable conduct. The opinion was authored by Judge Prost. The case stems from a 2018 CAFC ruling in which the court upheld a district court’s finding that Heat-On-the-Fly’s (HOTF’s) U.S.

Reporting 109
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The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory On Sanctions Regarding Ransomware Payments

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 October 13, 2021. Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020.

Reporting 106
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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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GSK v. Teva - No Safe Harbor for Skinny Labels

JD Supra Law

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property strategy. However, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., 7 F.4th 1320 (Fed. Cir. 2021), the Federal Circuit provided a stern reminder that a skinny label is not a talisman that wards off liability if the conduct of the accused infringer supports a.

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Many ways to skin a cat: BlindSA obtains a court declaration on the unconstitutionality of the South African Copyright Act

The IPKat

As IPKat readers may know, the legislative process to amend South Africa's current Copyright Act has been a long continuing one with BlindSA amongst others, at its forefront. Indeed as this Kat has reported on this blog ( here ), the process of addressing the South African President's reservations regarding the Copyright Amendment Bill (CAB) just kicked off in May 2021 (11 months after the President had sent his reservations in a letter to Parliament).

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More Trending

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Introducing a New Objective Way to Track and Measure Sustainable Innovation

SpicyIP

We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals. They are also holding a webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ on October 19, 2021, the details of which can be viewed below.

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The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

The IP Law Blog

In a recent case, Bell v. Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Dana DuPerron on CTV News

Nelligan Law

Reading Time: < 1 minute As mandatory workplace vaccine policies begin to roll out, employers and employees have new questions about their legal rights and obligations. Dana DuPerron speaks with CTV News at Noon on how to navigate this complex employment law topic. The post Dana DuPerron on CTV News appeared first on Nelligan Law.

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Nippon Steel seeks injunction against Toyota and $350 million in shock Tokyo patent lawsuits

IAM Magazine

Steelmaker files litigation against an important customer over parts sourced from Baosteel, a rival supplier from China.

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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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Recognizing Hispanic American Heritage Month: Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic -Owned Businesses

U.S. Department of Commerce

Recognizing Hispanic American Heritage Month: Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic -Owned Businesses. October 14, 2021. KCPullen@doc.gov. Thu, 10/14/2021 - 10:46. Export and investment promotion. Intellectual property. Investing in communities and workers. Minority business growth. The Hispanic American community is deeply rooted in the history of the United States and are an integral part of the rich fabric of our nation.

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Latest Ruling On PTAB Constitutionality Tees Up More Fights

IP Law 360

The lengthy string of challenges to the constitutionality of the Patent Trial and Appeal Board appears set to continue after a dissent by a Federal Circuit judge on Wednesday identified another potential flaw in the board that seems likely to spur more litigation, attorneys say.

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CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies

IP Watchdog

On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court for the Eastern District of Texas, holding that neither Verizon Wireless and Sprint Communications nor Nokia Solutions infringed Traxcell Technologies LLC’s patents. raxcell sued Verizon and Sprint for infringing four of its patents, all of which share a specification and a 2001 priority date.

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Cher Says Sonny's Widow Can't Turn Back Time On Royalties

IP Law 360

Cher sued Sonny Bono's widow in California federal court Thursday claiming she is owed royalties from the duo's 1960s and 1970s hits via a decades-old agreement giving her 50% of the Sonny & Cher musical catalog.

Music 75
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Federal Circuit Holds That the PTAB Does Not Have an Impermissible Incentive to Institute IPRs

JD Supra Law

MOBILITY WORKX, LLC v. UNIFIED PATENTS, LLC Before Newman, Schall, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Fee-funded structure of AIA review proceedings does not violate due process.

Patent 74
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Anti-Retaliation Refresher Following Facebook Whistleblower

IP Law 360

A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall.

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The Law and Science of Impaired Driving (Competence MCLE)

CoCal IP Law Institute

Please join us on Monday, October 4, 2021 at 1:00 pm, where we will watch a video presentation on Substance Abuse - The Law and Science of Impaired Driving (Competence MCLE) by Eric Ganci, of CG Law, hosted by the San Diego Law Library and originally aired on December 16, 2020. [link] SAN DIEGO COUNTY [.].

Law 59
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[Audio] The Rare Air of Elevation Oncology: Raising Nearly $200M in 2 Years, with CEO Shawn Leland

JD Supra Law

Elevation Oncology has raised nearly $200M since its launch just two years ago. $200 million! That sounds like an enormous amount of investment capital, but when the company is potentially changing cancer treatment as we know it - you can see why investors are excited about Elevation's potential. Today, founder and CEO Shawn Leland tells us all about the raises, challenges and excitement of growing his company.

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Counsel: USPTO should beat bad marks with new fraud bar

Managing IP

The office could maximise the benefits of a TTAB ruling that lowered the fraud bar to reckless disregard if it applied the same standards to non-lawyers

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In re ESIP: No Arthex challenges in closed case

Patently-O

By Jason Rantanen. In re ESIP (Panel: O’Malley, Reyna, Chen) (link to decision: In re ESIP SERIES 2 ). This is a short nonprecedential decision in a petition for a writ of mandamus that was issued today but that isn’t on the Federal Circuit’s website. (I don’t see why the Federal Circuit doesn’t just put all dispositive orders on its website; it already puts Rule 36’s and many orders in petitions for writs of mandamus on the site.

Patent 58
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Barnes & Thornburg Snags IP Partner From Womble Bond

IP Law 360

Barnes & Thornburg lured a new partner away from Womble Bond Dickinson LP, with almost two decades of experience in practicing intellectual property law for its Atlanta office.

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You, Me & IP Webinar Series: Sensory Trademarks: Selling to the Subtle Perceptions of Sophisticates

Greenspoon Marder LLP

Featuring: Sharon Urias, Partner and Justin McNaughton, Partner Join our monthly webinar series for a discussion led by IP partners Sharon Urias and Justin McNaughton as they explain sound, color, smell and shape trademarks. The post You, Me & IP Webinar Series: Sensory Trademarks: Selling to the Subtle Perceptions of Sophisticates appeared first on Greenspoon Marder LLP.

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Herbert Smith Freehills advises sponsors on Abbisko’s HK$1.754 billion Hong Kong IPO ??????????????????????????17.54???IPO??????

Herbert Smith Freehills

Leading global law firm Herbert Smith Freehills has advised Morgan Stanley and J.P. Morgan as joint sponsors of biopharmaceutical company Abbisko Cayman Limited (02256.HK)'s Main Board listing on the Stock Exchange of Hong Kong. Abbisko focuses on small molecule precision oncology and small molecule immuno-oncology therapies. Since its founding in 2016, the company has developed a pipeline of 14 drug candidates, five of which are now at clinical stage.

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Ex Parte Reexamination Not Allowed After Failed IPR Challenge

JD Supra Law

The US Court of Appeals for the Federal Circuit found that ex parte reexamination was unavailable to a challenger who repeatedly tried and failed to raise the same arguments for the same patent in a prior inter partes review (IPR) proceeding. In re: Vivint, Inc., Case No. 20-1992 (Fed. Cir. Sept. 29, 2021) (Moore, C.J.).

Patent 52
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The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t

LexBlog IP

In a recent case, Bell v. Wilmott Storage Services, LLC , decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases. In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

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Party May Not Veil EU Individual’s Information under GDPR at the TTAB

JD Supra Law

In a rare precedential opinion, the Trademark Trial & Appeal Board (TTAB, Board) ruled that the EU General Data Protection Regulation (GDPR) does not apply in Board proceedings. Chicago Mercantile Exchange, Inc. v. Intercontinental Exchange Holdings, Inc., Opposition Nos. 91235909; 91254514 (T.T.A.B. Sept. 27, 2021) (Faint, Interlocutory Attorney).

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Failed Startup Resurrected to File Patent Infringement Suits?

LexBlog IP

Most startups fail to survive long term, and the reasons for those failures are as varied as the companies and their products, goals and mission statements. Typically it comes down to money, in the way everything is about money in some form: not having enough money, not being able to convince investors to give them more money, not having enough customers willing to part with their money for what the company is selling.

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Optis v Apple [2021] EWHC 2564 (Pat): Apple found to be an “unwilling licensee”

JD Supra Law

The “unwilling licensee” issue has been a vexed one, with uncertainty as to whether such a concept exists, its relevance, and what an implementer must do to avoid becoming one. As for the concept of FRAND itself, there is no clear guidance in the ETSI IPR Policy and only limited guidance from the CJEU in Huawei v ZTE. Please see full Publication below for more information.

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Podcast: Enforceability of Physician Non-Compete Agreements

LexBlog IP

Including non-compete covenants in physician employment and shareholder agreements is common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast , Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.

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Design Patent Prior Art Must Be From Same or Analogous Field as Claimed Article of Manufacture

JD Supra Law

Finding that the Patent Trial & Appeal Board (Board) applied an erroneous interpretation of claim scope, the US Court of Appeals for the Federal Circuit reversed a Board decision upholding an examiner’s rejection of a lip implant design patent as anticipated by a non-analogous art tool. In re: SurgiSil, Case No. 20-1940 (Fed. Cir. Oct. 4, 2021) (Moore, C.J.).

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Apple + Microsoft Release Patches for Identified Vulnerabilities

LexBlog IP

This week, both Apple and Microsoft issued patches to fix serious zero-day vulnerabilities that should be applied as soon as possible. That means that if you have an iPhone or iPad, you may want to plug your phone or iPad in and apply the newest iOS 15.0.2, which is what I just did as I was writing this post. The Apple vulnerability (CVE-2021-30883) is actively being used by threat actors against iPhone and iPad users to attempt to install malware and steal data, so click on that software update

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Authentication Claim Under Alice—A Two-Step Process

JD Supra Law

The US Court of Appeals for the Federal Circuit found patent claims directed to a method of authenticating the identity of a user performing a transaction at a terminal was patent-eligible under 35 U.S.C. § 101 and reversed the district court’s entry of judgment on the pleadings. CosmoKey Solutions GmbH & Co. KG. v. Duo Security LLC, Case No. 20-2043 (Fed.

Patent 52
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L’importance des clauses d’élection de for dans les ententes commerciales de PI

LexBlog IP

Dans ce IP Monitor intitulé « Anti-suit injunctions and the importance of forum selection in commercial IP agreements » (en anglais seulement), mes collègues William Chalmers, Christopher A. Guerreiro et Jordana Sanft expliquent qu’une décision récente souligne l’importance de convenir d’un forum pour résoudre les différends dès le départ afin d’éviter les contestations procédurales de la sélection du forum.

IP 52
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Prosecution History Disclaimer and Estoppel Lead To Noninfringement

JD Supra Law

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent prosecution constituted a disclaimer of claim scope and estopped the patentee from relying on the doctrine of equivalents to show infringement.

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Greenspoon Marder Names IP Partner As New Group Head

IP Law 360

Greenspoon Marder LLP named an Arizona-based partner as the new leader of its fast-growing intellectual property practice group, the firm announced earlier this week.