Wed.Dec 22, 2021

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Aussie Federal Court Orders ISPs to Block 101 Pirate Movie & TV Show Domains

TorrentFreak

In December 2016 and after substantial work to amend the law, an Australian court ordered the blocking of several pirate sites headed up by the infamous The Pirate Bay. Over the five years since, movie companies including Roadshow Films, Disney, Paramount, Columbia, Universal, Warner, and more recently Netflix have returned to court time and again to have hundreds more sites blocked.

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[Guest post] Universal Copyright Convention – RIP

The IPKat

The IPKat has received the following comment from Katfriend Jørgen Blomqvist (Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen) on the recent announcement relating to the accession of Cambodia to the Berne Convention. Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect fro

Copyright 133
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U.S. Govt Launches Consultation on Upload Filters and Other Anti-Piracy Tools

TorrentFreak

A year ago, Senator Thom Tillis released a discussion draft of the “ Digital Copyright Act ” (DCA) a potential successor to the current DMCA. The DCA envisions thorough changes to the way online intermediaries approach the piracy problem. Among other things, they would have to ensure that pirated content stays offline after it’s taken down once.

Copyright 128
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Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward

JD Supra Law

DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. The idea of assigning inventorship to an AI-machine not only brought new legal challenges but also left the global intellectual property (IP) community divided regarding whether an.

Inventor 126
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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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Judge Awards $13M In Moving Co. TM, Cybersquatting Fight

IP Law 360

A Florida federal judge has awarded NorthStar Moving $13 million after finding that an operator of King David Van Lines willfully infringed NorthStar's trademark by deceiving consumers into believing they were hiring NorthStar.

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Expired Patents Can Be Challenged

JD Supra Law

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture Tech.

Patent 107

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Copyright Office Wants To Hear About Anti-Piracy Measures

IP Law 360

The U.S. Copyright Office is calling for more information on technologies aimed at curbing infringement, including whether the government can help implement tools for protecting copyrighted works online, according to a notice published Wednesday in the Federal Register.

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Current Developments Requiring Covid-19 Masking and Vaccinations

GDB Firm Blog

Both New York State and New York City have responded to the recent outbreak of the Omicron Covid-19 variant by requiring masking and vaccinations in certain situations.

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Key Developments that Shaped the USPTO in 2021

IP Watchdog

"Adjusting to the new normal" is a phrase that can be used to describe the United States' and the world’s response to the events of 2021. Almost two years into the pandemic, it is clear that COVID-19 will be around for the near future, and we all have to adjust to it. The U.S. Patent and Trademark Office (USPTO) certainly has adjusted, and business as usual is in full effect.

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Patent Translation: Good and Bad?

IP and Legal Filings

To apply for a patent globally, many countries such as China, Japan, Korea, Brazil, among many others require translations in their language, making it critical to have translations done in such a manner that the most appropriate and technically relevant translated words are used consistently, as the similar words may have different meanings and interpretations in different geographical locations.

Patent 79
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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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Congress focuses on chip supply chains to promote competitiveness, national security

IP Watchdog

The United States’ share of global semiconductor manufacturing capacity has dropped from 37 percent in 1990 down to 12 percent in 2021. Congress now seeks to secure chip supply chains to promote both economic competitiveness as well as U.S. national security.

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NFL, Fanatics Accused Of Monopolizing Amazon Market

IP Law 360

The NFL, its 32 teams and merchandise powerhouse Fanatics allegedly weaponized their licensing policy to "strangle the competition" on Amazon and drive up prices for consumers, according to a pair of putative federal class actions filed in California on Wednesday.

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Is a Listserv Moderator Liable for Subscriber Infringements?

Dear Rich IP Blog

Dear Rich, I created a listserv on my account at google groups. Someone on the list has been posting not only links to online newspapers but, without permission, the entire contents of the link as well. This includes New York Times and Newsweek. Who is legally liable for these copyright infringements: the platform (google groups), me (the group's creator/owner/manager), or the poster of the copyrighted material?

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The New Right Of Publicity Theories Facing Retailers

IP Law 360

Built on pre-internet laws designed to protect politicians and celebrities, the legal claims made in a spate of data-privacy lawsuits aimed at retailers include insufficiently detailed or conspicuous disclosure of data-sharing processes, say attorneys at Steptoe.

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Wednesday Whimsies

The IPKat

We may already be thinking about Christmas feasts, but before that, check some IP opportunities and events. A Kat wondering how to think out of the box SAVE THE DATE - IPKat and Simmons & Simmons - Retromark: the conference (3 March 2022) Retromark: the conference is back! An in-person version of Darren Meale’s trade mark updates will run on the afternoon of 3 March 2022 in association with the IPKat.

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No Proof Bitcoin 'Inventor' Owed Friend, Juror Tells Law360

IP Law 360

The estate of computer forensics expert Dave Kleiman had only two jurors on its side in its attempt to get bitcoins from self-professed bitcoin inventor Craig Wright, who had the support of the remaining members of the jury over six days of deliberations, according to one of the jurors.

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Supreme Court Rules Lanham Act No Longer Requires Willful Infringement

JD Supra Law

On April 23, 2020, the Supreme Court issued a significant ruling in Romag Fasteners, Inc. v. Fossil, Inc., holding a plaintiff is no longer required to prove a defendant acted with willful infringement in order to seek a trademark infringer’s profits under the Lanham Act (the Act) — a former requirement that had rendered disgorgement a rare remedy. .

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Justices Told To Undo 'Impossible' Patent Enablement Rules

IP Law 360

GlaxoSmithKline and a group of law professors urged the U.S. Supreme Court on Wednesday to throw out a Federal Circuit decision invalidating two Amgen cholesterol drug patents, saying it set patent validity rules that are "impossible" for many life sciences patents to meet.

Patent 75
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Does Georgia Decision on Personal Jurisdiction Present an Invitation to Forum Shop For Non-Compete Disputes?

Trading Secrets

This blog post is the author’s opinion and is for educational and informational purposes only. It provides general information and a general understanding of the law, but does not provide specific legal advice. Please feel free to reach out to a Seyfarth Trade Secrets attorney if you’d like to discuss your particular situation. Before Georgia enacted a constitutional amendment in 2011 to allow the enforcement of reasonable restrictive covenants, Georgia was a popular venue for companies and indi

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

IP Law 360

This past week in London has seen a raft of new equal pay claims against supermarket Tesco, security firms Serco and G4S facing fresh lawsuits from shareholders, and HSBC in Hong Kong sue a Chinese property developer Here, Law360 looks at these and other new claims in the U.K.

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Understanding the Openness in innovation

IP and Legal Filings

While dealing with open innovation and resource distribution, the primary aim of this strategy is to encourage peer involvement and participation. This peer involvement is substantiated with the open environment which helps them in ensuring that large access is possible to make the environment more enriching. Such an open environment has been substantiated with the fact that large participation will only be possible with more accessibility in it.

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Ex-Assistant Seeks To Trim Mary Kay Book Lawsuit

IP Law 360

The former personal assistant of Mary Kay Inc.'s founder has pushed back against the business in Texas federal court, asking a judge to toss part of the company's bid to prevent her from publishing a book about lessons she learned on the job.

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AbbVie Allegations of Trade Secret Misappropriation by Alvotech hf.

JD Supra Law

Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab. In October, AbbVie’s complaint was dismissed for lack of personal jurisdiction. AbbVie has appealed that ruling.

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A Law Firm Leader's Guide To Seeking Effective Feedback

IP Law 360

Law firm leaders often claim to have their pulse on the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

Law 75
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Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2021

Trading Secrets

In the final webinar for 2021, Seyfarth attorneys Dawn Mertineit, Eric Barton, and Joshua Salinas discussed new legislation and the enforcement of non-competes. Any company that seeks to use non-compete and non-solicitation agreements to protect its trade secrets, confidential information, client relationships, goodwill, or work forces needs to stay informed of the varied and ever-evolving standards in each state.

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US Cheerleading Org. Says Rivals Are Piggybacking On TM

IP Law 360

The organization that runs competitive cheerleading nationally is suing a pair of startups for alleged trademark infringement in Florida federal court, accusing the rivals of copying its logo and part of the name of its signature event.

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How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

JD Supra Law

The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight. In 2020, most people engaged in some type of work from home arrangement that was not an option available to them before the pandemic.

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McKool Smith To Promote 4 To Principal In NY, Texas Offices

IP Law 360

McKool Smith Hennigan PC will promote three associates and a senior counsel to principal positions in its New York, Dallas, Austin and Houston offices, the firm announced Monday.

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Herbert Smith Freehills advises sole sponsor on Shanghai Bio-heart's Hong Kong IPO ?????????????????????????IPO??????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Huatai Financial Holdings (Hong Kong) Limited as the sole sponsor of biopharmaceutical company Shanghai Bio-heart Biological Technology Co. Ltd. (02185.HK)’s mainboard listing on the Stock Exchange of Hong Kong. Shanghai Bio-heart produces interventional cardiovascular devices, focusing on bioresorbable scaffold (BRS) and renal denervation (RDN) therapies.

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Webinar Recap! Overview of Non-Compete Legislation and Enforcement Issues from 2021

LexBlog IP

In the final webinar for 2021, Seyfarth attorneys Dawn Mertineit, Eric Barton, and Joshua Salinas discussed new legislation and the enforcement of non-competes. Any company that seeks to use non-compete and non-solicitation agreements to protect its trade secrets, confidential information, client relationships, goodwill, or work forces needs to stay informed of the varied and ever-evolving standards in each state.

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Judge Told CardioNet Owes $2.9M In Fees For 'Misconduct'

IP Law 360

InfoBionic Inc. has told a Massachusetts federal judge that conduct by Philips unit CardioNet LLC during a heart monitor patent dispute was so exceptional that InfoBionic should get nearly $2.9 million in attorney fees, expenses and witness fees.

Patent 52
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Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

LexBlog IP

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token. Watch this episode on the Weintraub Youtube Channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Daimler Reaches Licensing Deal With Avanci Over 4G Tech

IP Law 360

Daimler AG has entered an agreement with patent licensing pool Avanci covering standard-essential 4G patents, the parties confirmed Wednesday, after Daimler settled German patent infringement suits with Avanci members including Nokia and Sharp.

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A refresher on copyright - Lennox Estates v S&W Ventures

JD Supra Law

Imagine.you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages, but the option to buy the site lapses.

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Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

The IP Law Blog

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token. Watch this episode on the Weintraub Youtube Channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.