Tue.Jan 11, 2022

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The Canon Printer DRM Jam

Plagiarism Today

Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one. The issue impacts a series of imageRUNNER printers and has been caused by the global chip shortage.

Copyright 212
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Top Trademark Trends of 2021 and 2022 Preview

Erik K Pelton

In this annual review of the year in trademarks, Erik discusses key trademark developments from 2021 – including the Trademark Modernization Act (TMA), USPTO backlogs, and NFTs – as well as some things to look for in 2022. The post Top Trademark Trends of 2021 and 2022 Preview appeared first on Erik M Pelton & Associates, PLLC. In this annual review of the year in trademarks, Erik discusses key trademark developments from 2021 – including the Trademark Modernization Act (TMA), US

Trademark 113
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Twitch Streamers Deliberately Get Themselves Banned For Copyright Infringement

TorrentFreak

Twitch is best known for its video game live streaming but over time user behavior has taken the platform in new directions. Of course, variety is great for the community, especially when fresh ideas inspire creativity and push the boundaries to enable progress. But what happens when some of the platform’s most popular streamers jump onto a trend that most people know is likely to land both them and Twitch in hot water?

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Top 10 Patent Cases: 1891 to 1951

Patently-O

by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed.

Patent 131
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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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AimJunkies Returns Fire in Destiny 2 Copyright Lawsuit: ‘Cheating Isn’t Against the Law’

TorrentFreak

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. Several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

Copyright 134
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Patent Licensing is a Risky Business: Let the Market Strike the Balance

IP Watchdog

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention. Similarly, a car manufacturer can simply rely on communication technologies developed by telecom experts outside the automotive ecosystem to guarantee connectivity to its flee

Licensing 122

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IFI CLAIMS Rankings Show Increasing Role of Chinese Entities in U.S., Global Patent Ownership

IP Watchdog

Today, patent data analytics firm IFI CLAIMS released its annual report of the top U.S. patent recipients and active patent family owners, providing the IP world with a look at the patent ownership landscape that developed throughout the course of 2021. For yet another year, information technology R&D giant International Business Machines (IBM) earned the top spot among entities obtaining patents from the U.S.

Ownership 120
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Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices

SpicyIP

Green-coloured signboard with text “rejection just ahead” Image from here. We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which c

Invention 119
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What exactly do you get when you buy an NFT? The Case of the Apes.

JD Supra Law

2021 saw a surge in NFT trades, with sales volume reportedly reaching a whopping $23 billion. Many have jumped on the bandwagon to collect NFTs often at unthinkable prices, but what exactly do you get for what you pay?

Reporting 107
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[Sponsored] LexisNexis Introduces New Legal Issue Analysis for PTAB Ex Parte Decisions in LexisNexis PatentAdvisor

SpicyIP

We’re pleased to inform you that Lexis Nexis has introduced new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor. For further details, please see their announcement below: LexisNexis introduces new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor, enabling search issue-tagged decisions and locating effective arguments at every interaction with the USPTO.

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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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Copyright Office Activities in 2021: A Year In Review

Copyright Alliance

Last year was one the busiest years in recent history for the U.S. Copyright Office. In addition to numerous personnel changes—including a new Register of Copyrights in late 2020 and […]. The post Copyright Office Activities in 2021: A Year In Review appeared first on Copyright Alliance.

Copyright 104
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Board Requires Settlement Agreement to Dismiss Pre-Institution Proceeding

JD Supra Law

Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and the Board has not issued a decision on whether to institute trial.

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IP Look-Ahead for 2022: Fewer Big Patent Wins, More Efficient Monetization

IP Close Up

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

Inventor 100
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CVC Substantive Preliminary Motion No. 1 for Priority Benefit

JD Supra Law

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board for benefit of priority to U.S. Provisional Application No. 61/652,086, filed May 25, 2012 ("P1"), U.S.

Patent 101
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Becoming an Info Intrapreneur

Velocity of Content

Some of the most significant impacts of the coronavirus pandemic on the information profession have been the consequences of remote working and limited access to physical collections. In early 2020, libraries and information centers had to make radical changes to their operations when buildings closed and offices became virtual. Not only did library managers suddenly have to address the challenge of providing remote access to digital resources, but they also lost face-to-face connections with th

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Latest Federal Court Cases - January 2022 #2

JD Supra Law

Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. Jan. 3, 2022) - In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial finding that claims of a pharmaceutical patent were supported by adequate written description under 35 U.S.C. § 112(a).

Patent 101
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In 2021, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?

The TTABlog

Yours truly, the TTABlogger , has once again reviewed the TTAB's FOIA page (now called the "TTAB Reading Room") in order to estimate the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board in the past calendar year. I counted 273 decisions, of which 240 were affirmances and 33 were reversals. That's an affirmance rate of approximately 87.9%, or a bit less than 9 out of 10.

Designs 88
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PTAB Institutes Two IPRs on Tocilizumab Patents

JD Supra Law

Last week, the PTAB instituted inter partes review of two Chugai patents directed to methods of treating rheumatoid arthritis with a combination of tocilizumab and methotrexate. Fresenius filed petitions for inter partes review on U.S. Patent Nos. 7,521,052 (“the ’052 patent”) and 10,744,201 (“the ’201 patent”) on June 28, 2021. .

Patent 98
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International Association of Privacy Professionals: Michael Geist Calls for More Robust Privacy Law at the IAPP Canadian Privacy Symposium, 2018

Michael Geist

I spoke at the 2018 Privacy Symposium hosted by the International Association of Privacy Professionals. There, I discussed online privacy rights issues which changed with the emergence of different social media platforms and how it should be addressed. . The link to the video can be found here. . IMAGE ATTRIBUTION: . (c) 2012 “Secure Cloud Computing” by FutUndBeidl.

Privacy 76
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Patent and Trade Secret: Never Ending Conundrum

IP and Legal Filings

Patents and trade secrets go hand in hand where protection from both has its features with its pros and cons. The same needs to be dealt with in a way in which they are best suited. Patents are there for 20 years where after the expiry they end up being in the public domain. Whereas, trade secrets are those which last indefinitely unless otherwise stated.

Patent 73
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'Destiny' Cheat Code Selling Co. Wants Out Of Bungie's IP Suit

IP Law 360

Bungie Inc., which makes the "Destiny" video game franchise, is misusing the legal system to go after cheaters, a cheat code selling website has told a Washington federal judge, but added that cheating in the game is "not, in and of itself, unlawful.

IP 75
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High Court Asks U.S. Government for Input on Petition Accusing CAFC of Violating Seventh Amendment

IP Watchdog

The U.S. Supreme Court yesterday asked the Solicitor General of the United States to weigh in on a petition for writ of certiorari that claims the U.S. Court of Appeals for the Federal Circuit (CAFC) is depriving litigants of their right to trial by jury under the Seventh Amendment. The petition, filed in September by Olaf Sööt Design, LLC (OSD), asks the Court to take up the following question: “Whether the Seventh Amendment allows the Federal Circuit to reverse a jury verdict based on a sua sp

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Katy Perry Accuser Wants 'Dark Horse' IP Win To Ride Again

IP Law 360

A Christian rapper urged the Ninth Circuit on Tuesday to reinstate a jury's finding that Katy Perry's "Dark Horse" song was stolen from his earlier track, arguing the trial judge was wrong to toss the $2.8 million verdict even though the court possessed the power to do so.

IP 75
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Canadian Trademarks

JD Supra Law

Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed.

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US Patent Grants Dropped 7.5% Amid Pandemic In 2021

IP Law 360

The number of patents granted in the U.S. fell by 7.5% last year compared to 2020, and applications dropped 1%, although Chinese companies are securing more U.S. patents, according to a Tuesday report on patent trends during the coronavirus pandemic's second year.

Patent 75
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USPTO Announces Deferred Subject Matter Eligibility Response Pilot Program

JD Supra Law

In a Federal Register Notice published January 6, 2022, the USPTO announced a new pilot program that will permit certain applicants to temporarily defer responding to subject matter eligibility (“SME”) rejections. The program is responsive to the March 22, 2021 letter from Senators Tillis and Cotton suggesting that the USPTO modify its compact prosecution paradigm with respect to SME issues, but will this program address the Senators’ concerns?

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Spotify Prevails Over 'Potify' Weed Software At TTAB

IP Law 360

The Trademark Trial and Appeal Board on Monday handed a win to Spotify in its battle with a software company looking to register the "Potify" trademark for cannabis dispensary software, agreeing with Spotify that the proposed mark is likely to dilute the music streaming giant's famous mark.

Music 74
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Important Trademark Development from China for 2022: What US Brand Owners Need to Know

JD Supra Law

China has been speeding up its legislative efforts in protecting trademark rights and improving its trademark administration. In 2021, China issued a number of new rules and regulations on trademark practice.

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Podcast: Adams & Adams discusses trends in patent litigation across South Africa

Managing IP

Danie Dohmen and Russell Bagnall of Adams & Adams, and in-house counsel Natasha Wright, consider the recent trends in pharmaceutical patent litigation in South Africa and discuss how the enforcement environment evolved during the pandemic

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Washington Football Team Will Announce New Name – Tips to Rebrand

JD Supra Law

The Washington Football Team announced last week that it would unveil its new team name on February 2, 2022. The team buckled under pressure from its corporate sponsors in the summer of 2020 and announced on July 13, 2020, that it would rebrand, effectively dropping the controversial Redskins name. .

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Trademark Symbols ®, ™, ? – An Overview

LexBlog IP

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Here, the circled “R” (®), “TM” ( ), and “SM” (℠) symbols tell the world what IP rights you claim.

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Statement of Invention or “Hunting Expedition”?: Written Description for Claimed Ranges

JD Supra Law

“A written description. requires a statement of an invention, not an invitation to go on a hunting expedition to patch together after the fact a synthetic definition of an invention.” For claims reciting ranges, satisfying the written description requires an applicant to explicitly describe the claimed ranges or the end values of the ranges as of the filing date.

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FDA Accepts Samsung Bioepis’ and Organon’s sBLA for their Citrate-Free, High-Concentration HUMIRA (Adalimumab) Biosimilar Candidate

LexBlog IP

Last week, Samsung Bioepis Co., Ltd. and Organon & Co. announced that the FDA accepted for review their supplemental Biologics License Application (sBLA) for a citrate-free, high-concentration (100 mg/mL) formulation of SB5 (adalimumab-bwwd), a biosimilar referencing HUMIRA (adalimumab). The FDA previously approved SB5 under the brand name HADLIMA as a low-concentration (50 mg/mL) formulation in July 2019.

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The Tantalizing Mysteries of Willfully Exaggerated Mechanic's Liens

GDB Firm Blog

The subject of willfully exaggerated mechanic's liens is a micro-specialty that seems to pack a disproportionate fascination for many in the construction industry. It is all based upon a section of the New York Lien Law (section 39-a) which renders void any mechanic's lien which is "willfully exaggerated." Not surprisingly, anyone who has had a mechanic's lien filed against him, or his project immediately screams "willful exaggeration!

Law 52
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Nvidia Tells CMA Arm Will Get Weaker Without Merger

IP Law 360

Nvidia is defending its planned $40 billion purchase of Arm to U.K. competition authorities, arguing that the deal is a "once-in-a-generation" chance to expand Arm, which would be far less effective as a competitor if forced to stand alone.

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