Thu.Jan 27, 2022

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The War Over the Future of WHOIS

Plagiarism Today

For over 20 years, the WHOIS system remained one of the key pieces of internet architecture. As a way to help identify the people behind domains and websites, it was widely used by everything from spammers to journalists and law enforcement agencies. It was a powerful tool, if an imperfect one, for investigating a wide range of internet issues, legal and otherwise.

Privacy 303
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If China Joined the CPTPP, what would this mean for Copyright Industries??

Hugh Stephens Blog

China surprised many in the trade policy world last September by formally applying for membership in the 11 country “Comprehensive and Progressive Trans-Pacific Partnership” (CPTPP), the trade agreement that rose like a phoenix from the ashes of the 12 country Trans-Pacific Partnership (TPP). There is no guarantee that the current members will agree to negotiate … Continue reading "If China Joined the CPTPP, what would this mean for Copyright Industries??

Copyright 130
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3 Count: Italian Shutdown

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users. First off today, Andy Maxwell at Torrentfreak writes that Italian authorities have shuttered a suspected pirate network that it accuses of supplying over 500,000 users with access to infringing content.

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Pirate Site Traffic Surged in 2021, Research Finds

TorrentFreak

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. This is a serious problem for major content producers, Hollywood included. At the same time, it’s also seen as a threat to the broader economy, which generates hundreds of billions of dollars from video entertainment.

Reporting 144
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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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Chanel is reminded: trademark territoriality still matters

The IPKat

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products.

Trademark 138
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BeIN First to Use New Anti-Piracy Law to Block 18 Pirate Streaming Sites

TorrentFreak

For many years there have been established processes for removing infringing content and links to infringing content from the internet. The US is famous for its DMCA legislation, for example, and EU countries have similar rules in place. At least in theory, these laws can be used to take content down but pirate sites tend not to be particularly compliant.

Law 127

More Trending

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Here’s What Businesses Need to Know About a Non-Disclosure Agreement

Kashishipr

For maintaining a competitive edge in the market, businesses need to keep innovating. They must continue working on new projects, services, and products to best deal with the pressure against their competitors. It applies to different aspects of a business, such as finance, corporate transactions, negotiations, employment agreements, technologies, to name a few.

Business 105
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Inventor Argues USPTO Officials’ Motion to Dismiss Due Process Violations Case Based on Immunity Defense Fails

IP Watchdog

On January 21, inventor Martin David Hoyle and his company B.E. Technology filed a response in opposition to a consolidated motion to dismiss that was filed last November by defendants Michelle K. Lee, former Director of the U.S. Patent and Trademark Office (USPTO), a pair of officials at the Patent Trial and Appeal Board (PTAB) and three administrative patent judges (APJs) who sat on PTAB panels invalidating Hoyle’s patent claims.

Inventor 105
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The USPTO’s Identity Verification Requirement For Trademark Filers

JD Supra Law

On January 8, 2022, the United States Patent and Trademark Office (“USPTO”) introduced identity verification for USPTO.gov account holders using the Trademark Electronic Application System (“TEAS”) and TEAS International (“TEASi”). Starting April 9, 2022 identify verification will be required for USPTO.gov account holders to file through TEAS and TEASi.

Trademark 105
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Judge Jackson Back In Spotlight As High Court Contender

IP Law 360

The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

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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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Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

The IP Law Blog

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. Masimo Corporation and Ceracor Labortories, Inc. (collectively, “Masimo”) sued True Wearables, Inc. (“True Wearables”) and Dr. Marcelo Lamego alleging a number of causes of action, including misappropriation of trade secrets.

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DVD Pirate Must Face Over 2 Years In The Brig, Feds Say

IP Law 360

Federal prosecutors on Wednesday asked a New York judge to sentence a British hacker to more than two years in prison after he admitted his role in a syndicate responsible for pirating nearly every major motion picture released on disc from 2011 to early 2020.

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Understanding Privilege: Is Your Canadian Patent Agent Also A Lawyer?

JD Supra Law

In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents in Canada in respect of their agency practises.

Patent 98
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Mitchell-Lama Drama - Part 2 - Prohibiting Proxies and other Procedural Permutations

GDB Firm Blog

On December 22, 2021, Governor Hochul signed into law Chapter 749 of the New York Laws of 2021 (Senate Bill S6412/Assembly Bill A7272), which made sweeping procedural changes to how Mitchell-Lama cooperatives operate. The following will go into effect on March 23, 2022.

Law 97
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Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

JD Supra Law

Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case.

98
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What Kind of Writer Indeed?

The Illusion of More

In a recent post entitled What Kind of Writer Accuses Libraries of Stealing?, Maria Bustillos stakes out a wide swath of moral high ground in defense of Controlled Digital Lending (CDL). CDL is a theory that libraries are allowed, within the boundaries of U.S. copyright law, to scan physical copies of legally obtained books and […]. The post What Kind of Writer Indeed?

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Biogen Int’l Gmbh V. Mylan Pharms. Inc. Tecfidera® (Dimethyl Fumarate)

JD Supra Law

Case Name: Biogen Int’l GMBH v. Mylan Pharms. Inc., 18 F.4th 1333 (Fed. Cir. 2021) (Circuit Judges O’Malley, Reyna, and Hughes presiding; Opinion by Reyna; Dissent by O’Malley) (Appeal from N.D.W.V., Keeley, J.).

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Sneaky Services Use Frozen Mechanicals Public Comments by Songwriters and Independent Publishers–to LOWER Streaming Mechanicals

The Trichordist

Only drug dealers and Big Tech refer to their “customers” as “users.” We really appreciate how Trichordist readers have stuck with the story we have been telling… Read more "Sneaky Services Use Frozen Mechanicals Public Comments by Songwriters and Independent Publishers–to LOWER Streaming Mechanicals".

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USPTO Introduces Pilot Program to Defer Response to Subject Matter Eligibility Rejections

JD Supra Law

The US Patent and Trademark Office is implementing a pilot program to allow participating applicants to defer responding to subject matter eligibility rejections until the earlier of a final disposition of the application, or a withdrawal or obviation of all other outstanding rejections.

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On Final Day of PTAB Masters™ 2022, Iancu/Panelists Ponder the Road Ahead for USPTO and PTAB

IP Watchdog

The last day of PTAB Masters™ 2022 featured sessions on dealing with parallel litigation at the International Trade Commission (ITC) and district courts in Patent Trial and Appeal Board (PTAB) proceedings; life sciences and inter partes review (IPR); and the future of the PTAB. On the latter topic, speakers contemplated what lies in wait for the U.S.

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USPTO News Briefs

JD Supra Law

Updated First Office Action Estimator Tool Now Available - In a Patent Alert email distributed earlier today, the U.S. Patent and Trademark Office announced that an updated First Office Action Estimator online tool is now available to Applicants for use in obtaining time estimates for the issuance of first Office actions in applications.

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Breyer's Rulings Shaped By Wariness Of Intellectual Property

IP Law 360

Departing U.S. Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges.

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[Video] Monthly Minute | Provisional Patent Applications

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, Partner Richard Goldstucker discusses provisional patent applications.

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The Term: Breyer's Legacy And The Nomination To Come

IP Law 360

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lays ahead for his potential successor with two special guests.

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NYU Langone Health is Looking for a Patent Agent to Join Their Team

IP Watchdog

NYU Grossman School of Medicine provides its staff with far more than just a place to work. Rather, we are an institution you can be proud of, an institution where you’ll feel good about devoting your time and your talents. We have an exciting opportunity to join our team as a Patent Agent. The opportunity is FullTime, Permanent position located in New York, NY.

Patent 69
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Judge Says Shkreli's Picasso Can Be Sold To Pay $2.6M Debt

IP Law 360

A New York federal judge on Thursday authorized a receiver to sell a Picasso etching seized from imprisoned "pharma bro" Martin Shkreli to settle a $2.6 million debt the former drug firm executive owes to a Pennsylvania pharmaceutical industry consultant.

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Patent Filings Roundup: Seven New Discretionary Denials; Magnetar Capital’s Next Big Thing

IP Watchdog

It was a light week at the Patent Trial and Appeal Board (PTAB) and in the courts (relatively speaking), with 49 new district court patent filings and 19 inter partes reviews (IPRs), both a bit less than recent averages. There were another 72 district court dismissals, including a number of WSOU, CallStat [Jeffrey Gross], and other file-and-settle entity dismissals filling up the docket.

Patent 69
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Zillow Gets Damages Cut To $1.9M In Photo Copyright Fight

IP Law 360

Zillow has convinced a Washington federal court to trim a damages award against it to $1.9 million in a copyright dispute over the use of real estate photographs on its website, a considerable reduction from the $8 million it was initially supposed to pay.

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Split infinitives: Federal Circuit divides on Indefiniteness

Patently-O

by Dennis Crouch. Nature Simulation Systems v. Autodesk ( Fed. Cir. 2022 ). We have an interesting split decision focusing on the doctrine of indefiniteness in the context of an “examiner’s amendment.” Judge Newman wrote for the majority and favored the patentee; Judge Dyk wrote in dissent and concluded that the patent claims were indefinite.

Art 75
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Breyer Retiring As Supreme Court Lurches Right

IP Law 360

Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

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IoT semiconductor firm to offer Nokia patent licence to customers

IAM Magazine

Through a new partnership with the top patent owner in cellular IoT, Nordic Semiconductor hopes to give connected device makers better upfront visibility of IP licensing costs.

Patent 52
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Lil Yachty Says NFT Biz Used His TMs To Boost Cash Flow

IP Law 360

Rapper Lil Yachty filed a trademark infringement suit in California federal court against two music companies he claims used his likeness and name without his permission to raise over $6.5 million in venture capital funds for a line of nonfungible tokens.

Music 70
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IoT semiconductor firm to offer Nokia patent licence to customers

IAM Magazine

Through a new partnership with the top patent owner in cellular IoT, Nordic Semiconductor hopes to give connected device makers better upfront visibility of IP licensing costs.

Patent 52
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JPO must stay neutral in its SEP policy review, urge sources

Managing IP

Stakeholders have high hopes for the JPO during a review of Japan’s licensing guidelines, even as the economy ministry leans towards implementers

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Fish & Richardson Named 2022 Best Place to Work by Human Rights Campaign

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson has been recognized as a Best Place to Work for LGBTQ+ Equality by the Human Rights Campaign, earning a 100% rating on its 2022 Corporate Equality Index , a national benchmarking survey that assessed more than 1,200 companies on corporate policies and practices related to lesbian, gay, bisexual, transgender, and queer workplace equality.

Law 52