Mon.Aug 21, 2023

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The Final Betrayal of NFTs

Plagiarism Today

OpenSea says it will no longer enforce royalties on its NFT platform. However, it's not OpenSea that's betrayed artists, it's crypto itself. The post The Final Betrayal of NFTs appeared first on Plagiarism Today.

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Utility Patents Granted per Calendar Year, 1840-2022

Patently-O

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. This year’s version shows U.S. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

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3 Count: Non-Copyrighted AI

Plagiarism Today

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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The Bill C-18 Regulation Fake-Out: Setting the Record Straight on When Bill C-18 Takes Effect and the Regulation Making Process

Michael Geist

The rhetoric around Bill C-18 has escalated in recent days in light of the awful wildfires in NWT and British Columbia. In my view, the issues associated with these tragic events have little to do with Meta blocking news links and the attempt to bring it into the conversation is a transparent attempt to score political points (the connectivity issues with some NWT communities completely taken offline for days is somehow never mentioned).

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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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‘Lead’ YouTube Content ID Scammer Sentenced to 46 Months in Prison

TorrentFreak

YouTube’s Content ID system helps rightsholders and content creators prevent copyright infringement. Copyright holders can either remove problematic content from the video platform or monetize it instead. Monetization is preferred in many cases and can be quite lucrative. Over the years, the Content ID platform has generated more than $9 billion in ‘claimed’ advertising revenue.

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Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Technology & Marketing Law Blog

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. The initial cohort of plaintiffs were conservatives (Prager); but then as a purported “gotcha,” the law firm added LGBTQ (Divino) and people of color (Newman) plaintiff cohorts. By experimenting with more sympathetic plaintiff demographics, I assume the law firm hoped to create better precedent that it could then weaponize to help conserva

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The Pop Culture Docket: Judge Elrod On 'Jury Duty'

IP Law 360

Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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How not to build a brand

Likelihood of Confusion

Reuters: Animated footage promoting the logo for the 2012 London Olympic Gameswas removed from the organizers’ Web site on Tuesday amid concern it could trigger epileptic fits. The post How not to build a brand appeared first on LIKELIHOOD OF CONFUSION™.

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Catching Up With Delaware's Chancery Court

IP Law 360

Widespread shuffling of Court of Chancery case assignments suddenly made sense last week after Delaware's court of equity announced its top judge will take a temporary medical leave.

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Are your Current Innovation Workflow & Solutions Generating the Best ROI?

IP.com

There are 10 Key KPIs Across the Innovation Lifecycle that have a Direct Impact on Your ROI. and the IP Suite Addresses the Success Rate of Each The post Are your Current Innovation Workflow & Solutions Generating the Best ROI? appeared first on IP.com - Innovation and IP Solutions.

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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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CoComelon Seeks Ban On Infringing Cartoons After $23M Win

IP Law 360

Fresh off a $23.4 million jury verdict, the company behind the popular children's YouTube channel CoComelon urged a California federal judge Monday to once and for all enjoin a Chinese company from ripping off CoComelon characters.

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GSK Sues Pfizer for Patent Infringement over RSV Vaccine

LexBlog IP

GlaxoSmithKline Biologicals SA and GlaxoSmithKline LLC (collectively, “GSK”) recently filed suit in the District of Delaware against Pfizer, Inc. alleging that Pfizer’s respiratory syncytial virus (“RSV”) vaccine ABRYSVO infringes four U.S. patents covering GSK’s rival RSV vaccine, AVREXY. According to the complaint, AVREXY and ABRYSVO were approved by the U.S.

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Meet the IPO Board: Director of Rights Policy and Enforcement, Chris Mills

Intellectual Property Office Blog

Next up in our ‘Meet the Board’ series is Chris Mills, the Director of Rights Policy and Enforcement. Chris spoke to us about how his career story started, and his highlights since joining the IPO two years ago.

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USPTO Shares Data on Multiple IPR Challenges

JD Supra Law

One of the many criticisms of the post-grant review proceedings instituted by the Leahy-Smith America Invents Act, both post-grant review (PGR) available within 9 months of patent grant based on all provisions of the Patent Act and inter partes review (IPR) throughout the entire term of the patent but limited to prior art-based rejections under Section 102 and 103), is that patentees can be harassed by multiple challenges by multiple parties on the same patent and similar prior art (including.

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TTAB Prohibits Sur-Sur-Rebuttals in Trademark Proceedings

LexBlog IP

In a recent precedential opinion in Monster Energy Company v. Coulter Ventures, LLC , Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023) , the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of expert reports. The decision focused on sur-rebuttals, sur-sur-rebuttals, and the Board’s authority to manage docket control.

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Georgia Maps Out New Requirement for Employee Non-Solicits

JD Supra Law

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it easier to enforce restrictive covenants has made it more difficult to enforce employee non-solicits. On June 13 2023, in North American Senior Benefits v.

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This Week in Washington IP: How European Tech Regulations Impact U.S. Businesses, The 5G Patent Race, and IP in Latin America

IP Watchdog

This week in Washington IP news, with Congress still on summer recess we look abroad to Brazil, which will be hosting the largest international intellectual property event in Latin America. Elsewhere, the Cato Institute discusses how EU regulations on tech companies are impacting U.S. businesses, and IPWatchdog hosts a panel on the 5G patent race.

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PTAB Denial of Inter Partes Review under §325(d)

JD Supra Law

The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or substantially the same prior art or arguments were previously presented to the Board and Petitioner failed to “show error in the consideration of that art or argument.

Art 52
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USPTO Boardside Chat Discusses New PTAB Review Panels and Sua Sponte Authority

IP Watchdog

Last week, the U.S. Patent and Trademark Office (USPTO) hosted a webinar to discuss recent revisions to the interim process for Director review of America Invents Act (AIA) trial decisions by the Patent Trial and Appeal Board (PTAB). While the revised procedures include the delegation of the Director’s review authority to a pair of newly created panels, officials from the USPTO indicated that the Director’s discretion to review and opine upon issues in delegated cases meet the constitutional man

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Vape Maker Sued For Copying 'Lost Mary' Brand

IP Law 360

The maker of the popular Lost Mary disposable vapes, iMiracle (HK) Ltd., has sued a U.K.-based rival for producing and selling a line of "Found Mary" vapes, which iMiracle argues appear identical to its products.

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Patent Poetry; Federal Circuit Sinks Floating Grill Patent Claims

JD Supra Law

The Federal Circuit has issued a precedential opinion holding that reissue claims relating to a floating grill patent were not directed to the original invention and thus were properly rejected by the US Patent and Trademark Office (USPTO).

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FAIR Forum To Address “Evolving Role of Data in the AI Era”

Velocity of Content

Mandated by funders and governments and implemented at universities and research-intensive organizations worldwide, FAIR data principles ensuring that data is findable, accessible, interoperable , and reusable are expected to drive innovation in science in the years ahead. On Monday, September 18, at Poortgebouw , the University of Leiden, the Netherlands, CCC in partnership with the GO FAIR Foundation will host its inaugural FAIR Forum on “The Evolving Role of Data in the AI Era.

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Inside the UK Legal Startup Scene, with Henry Humphreys

JD Supra Law

In the fast-paced world of technology startups, legal expertise is an essential component for success. The ability to navigate complex regulations, protect intellectual property, and structure deals can make the difference between triumph and turbulence.

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TTABlog Test: Which of these Section 2(d) Refusals Was/Were Reversed?

The TTABlog

Here are three recent appeals from Section 2(d) refusals. At least one of the refusals was reversed. How do you think these came out? Answers will be found in the first comment. In re Brand3, Inc. , Serial No. 90483463 (August 16, 2023) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark shown below [BRANDS disclaimed], for "Brand concept and brand development services for corporate and individual clients; Providing advertising and marketing consulting services

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The why and how of IP arbitration

Managing IP

Lawyers at Allen & Overy explain why arbitration has become a popular method for resolving IP disputes, and outline when to take that option

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How to Earn (ISC2)'s 'CC' ? Certified in CyberSecurity Credential for Free^

LexBlog IP

This blog article explains how to earn (ISC)2’s ➲ Certified in CyberSecurity Credential for free^ by taking full advantage of the current (ISC)2 initiative to sponsor ‘1 Million to be Certified in Cybersecurity’ due to the massive global skills shortage in CyberSecurity. The International Information Systems Security Certification Consortium, more commonly known as (ISC)2, is the world’s leading member association for CyberSecurity with more than 500,000 members, c

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Fed. Circ. Allows Injunction Against Some Evenflo Car Seats

IP Law 360

After initially putting the brakes on a rare decision from a Delaware federal court blocking Ohio infant car seat maker Evenflo from selling some car seats that a jury found infringed patents, the Federal Circuit has now changed its mind and decided that the seats will remain off the market.

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Size Matters: Element-by-Element Analysis in Obviousness

Patently-O

by Dennis Crouch In re Universal Electronics, Inc. , No. 2022-1716 (Fed. Cir. Aug. 15, 2023) (non-precedential) This was a consolidated appeal from two Patent Trial and Appeal Board (PTAB) decisions affirming the rejection of claims from Universal Electronics, Inc.’s (UEI) U.S. Patent Application Nos. 12/645,037 and 16/279,095 as obvious under 35 U.S.C. § 103.

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Patent On Taxing Planes Crashes In Delaware Court

IP Law 360

Citing "common sense and physics," a Delaware federal judge has invalidated an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft.

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Press Release: Universal and YouTube Announce AI Music Principles Consistent with Human Artistry Campaign and Artist Advisors

The Trichordist

Universal takes the lead on establishing AI music principles consistent with Human Artistry Campaign.

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Allstate's Poaching, Trade Secrets Suit Sees Slight Trim

IP Law 360

An Illinois federal judge has trimmed a small part of a suit brought by Allstate and its life insurance affiliate alleging that wealth-management firm Ameriprise poached their financial advisers and encouraged the new hires to bring Allstate's trade secrets and customers along with them.

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SpicyIP Weekly Review ( August 14 – August 20)

SpicyIP

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v.

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Union Says Trader Joe's TM Suit Over Logo Is Retaliatory

IP Law 360

Trader Joe's United told a California federal judge Monday that the grocery chain brought its suit claiming trademark infringement over the union's logo in retaliation for the organizing drive, arguing it is unlikely that customers will be confused.

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Otter Says No Conflict For Atty In Phone Case Patent Dispute

IP Law 360

Otter Products says a rival's effort to disqualify Merchant & Gould as its counsel in a patent dispute doesn't hold up, arguing in Colorado federal court that there's no real conflict because the law firm represented a different company from the patent holder and plaintiff when it helped write an application for the same patents in the suit.

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Timeshare Co. Wants $1.5M From Timeshare Exit Firm, Attys

IP Law 360

Timeshare company Bluegreen Vacations Unlimited Inc. asked a Florida federal judge on Monday for more than $1.5 million in disgorgement and an order stopping a timeshare exit company and several lawyers from marketing their services to timeshare owners.