Mon.Jan 31, 2022

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Beware of continuing trademark scam from WTMR, now with Fort Lauderdale address

Erik K Pelton

It has been a little while since I’ve seen a WTMR, LLC scam mailing. But a client forwarded this “WTMR 2022 OFFER” letter to me last week. The services are worthless. The $980.00 is a scam. The address listed in PO Box 22546 in Fort Lauderdale, FL 33335-2546. Their address has changed several times over the years. See 2018: Beware of scam from WTMR – World Trademark Register.

Trademark 182
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Major Manga Publishers Prepare to Sue Cloudflare Over Pirate Sites

TorrentFreak

CDN company Cloudflare provides its services to millions of websites all around the world, enabling them to stay online with enhanced performance and better protection from attacks. In recent years pressure from copyright holders has seen Cloudflare labeled a piracy facilitator. The CDN company does cooperate with rightsholders and insists that its services and processes meet the criteria laid out in the DMCA.

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DJs are Phonogram Producers, says Dutch Supreme Court

Kluwer Copyright Blog

Martin Garrix backstage during day three of Web Summit 2017. Photo by Seb Daly/ Web Summit via Sportsfile CC BY 2.0. On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them.

Music 112
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Section 101 on Trial: Understanding How Eligibility Issues Have Fared Before Juries

IP Watchdog

Few lawyers have tried patent eligibility, 35 U.S.C. Section 101, to a jury. Our research found just four such cases since the Supreme Court created its muddled two-step test in Alice v. CLS Bank. In every one of those, the jury issued a pro-ineligibility verdict, while none resulted in a final Section 101 determination either way. Understanding how that issue has been handled at and after trial is important for practitioners with cases where Section 101 is at issue, which has become increasingl

Patent 111
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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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TVO: Igniting Potential Through the Power of Learning (IP Intensive Reflection)

IPilogue

Lamont Abranczyk is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. This past fall, I completed an internship at TVO as part of Osgoode Hall Law School’s Intellectual Property Law and Technology Intensive Program (IP Intensive).

IP 106
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Cut! Wasatch Academy Settles Suit Over Student Film

BYU Copyright Blog

In November, we reported on a suit Charming Beasts LLC filed against Wasatch Academy, a boarding school in Mount Pleasant, Utah. In a brief order dated December 2, 2021, Judge Brian M. Cogan of the Eastern District of New York dismissed the case "having been advised that th[e] matter has settled." The order also stated that the suit was subject to reinstatement upon the request of either party "within 30 days.

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Celgene Corp. v. Mylan Pharms., Inc.

JD Supra Law

Case Name: Celgene Corp. v. Mylan Pharms., Inc., No. 2021-1154, 2021 WL 5143311 (Fed. Cir. Nov. 5, 2021) (Circuit Judges Prost, Chen, and Hughes presiding; Opinion by Prost, J.) (Appeal from D.N.J., Salas, J.) Drug Product and Patent(s)-in-Suit: Pomalyst® (pomalidomide); U.S. Patents Nos. 10,093,647 (“the ’647 patent”), 10,093,648 (“the ’648 patent”), and 10,093,649 (“the ’649 patent”).

Patent 98
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UK IPO launches call for views on the Designs System

The IPKat

The UK Intellectual Property Office (IPO) is carrying out a Call for Views as part of a review of the designs system to make sure it remains fit for the future. The deadline to respond to the call is 25 March 2022. The IPO have provided the following details: The designs system enables rights holders to protect designs and enforce their rights. We are seeking views and evidence from users of the system so that we can ensure the UK’s designs framework works for the businesses, consumers and desig

Designs 91
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Indefiniteness Is Not Determined by the Claim Language Alone

JD Supra Law

NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. Before Newman, Lourie, and Dyk. Appeal from the United States District Court for the Northern District of California. Summary: It was improper for the district court to find patent claims indefinite without considering the specification and prosecution history.

Patent 98
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Import Export Code (IEC) in India

IP and Legal Filings

INTRODUCTION. Globalization has given Indian businesses a huge opportunity to access global markets to sell and buy goods and services not only in India but also abroad. In order to import or export goods outside the country, it is mandatory to obtain the Import Export Code. Importer-Exporter Code (IEC) is a key business identification number that is mandatory for the export or import of any service or goods.

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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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U.S. and U.K. Governments Seek Immediate Stakeholder Input on SEP/FRAND Policy

JD Supra Law

Successfully licensing standard-essential patents (SEPs) is key to a company’s ability to manufacture and sell products that practice a standard. With revolutionary advances in technology on the horizon, licensing of SEPs under fair, reasonable, and non-discriminatory (FRAND) terms is poised to take center stage, potentially impacting negotiations among stakeholders worldwide.

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The Law Bytes Podcast, Episode 115: Reuven Avi-Yonah on the Past, Present and Future of Digital Services Taxes

Michael Geist

There has been mounting concern over the past few years over whether some of the world’s largest companies – primarily big tech – pay their fair share of taxes. This issue has arisen in countries around the world leading to new digital services taxes that primarily target the U.S. tech giants and which in turn often leads to the U.S. threatening to retaliate in response.

Law 82
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Patent Trial and Appeal Board Set Date for Oral Hearing in Interference No. 106,115

JD Supra Law

The Patent Trial and Appeal Board has set February 4th at 1:00 pm EST for the Oral Hearing in the Priority Phase of Interference No. 106,115 between the Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party and the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") as Junior Party.

Patent 97
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Establish a Branch Office (BO) / Liaison Office (LO) / Project Office (PO) by the foreign entity in India

IP and Legal Filings

Due to globalization, multination companies have become a preferable choice to set up their business in India, as India is a very faster-growing economy and have labor and various other resources at very reasonable rates in such scenario various foreign entity Selecting various methods to set up their entity in India by way of Branch office (BO) Liaison office (LO) and Project office (OP).

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Anchovy News, January 2022

JD Supra Law

This is the January edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover.

Editing 97
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Ruling Bars Co.'s Sale Of Altered Rolexes, Lets It Keep Profits

IP Law 360

A Texas federal judge on Monday blocked a company from selling counterfeit Rolex watches that infringe the luxury watchmaker's trademarks but found that Rolex isn't entitled to disgorged profits because it knew about the "junk" watches 10 years before it filed suit.

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Should AI Systems Be Eligible For Patents?

JD Supra Law

The line between artificial intelligence (“AI”) and pure human innovation has blurred as technology continues to evolve at a rapid pace. Technological advances and the parallel progress of AI has resulted in several key innovations: robots can double as radiologists and have the ability to interpret CT scans and other imaging, vehicles can drive themselves with automated technology, and algorithms have the ability to create written and artistic bodies of work.

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Frozen Mechanicals Crisis: Twelve Songwriter Groups Reject Majors Position that Copyright Royalty Board MUST Ignore Songwriter Objections

The Trichordist

Second Comments Submitted by the Songwriters Guild of America, Inc., the Society of Composers & Lyricists, Music Creators North America, and the individual music creators Rick Carnes… Read more "Frozen Mechanicals Crisis: Twelve Songwriter Groups Reject Majors Position that Copyright Royalty Board MUST Ignore Songwriter Objections".

Music 75
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Feds Say Men Can't Shake Illegal Streaming Suit

IP Law 360

Federal prosecutors told a Virginia federal judge that filing errors should not lead to dismissal or transfer of their indictment against six men charged with running illegal streaming subscription websites, Jetflicks and iStreamItAll.

75
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No IP, no right to information? CJEU to clarify scope of article 8 Enforcement Directive

The IPKat

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g. who manufactured the counterfeit goods) and its extent (the quantities produced or the price under which a good was sold).

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BlackBerry To Sell Mobile, Messaging Patents For $600M

IP Law 360

BlackBerry said Monday it is selling patents covering mobile technology for $600 million to a company that was specifically formed to acquire the company's patent assets.

Patent 75
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You Don’t Know the Half of It

LexBlog IP

When we wed a few years ago, I like to think my wife was aware she was getting hitched to an eccentric fella. What she might not have appreciated was that I was soon to start my next semester of law school by learning about trusts and estates, where I would discover Wisconsin’s marital property laws. What ensued was an endless string of jokes about how even though her salary was primarily supporting us, I legally owned half of it.

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Celgene, Dr. Reddy's Settle Generic Cancer Drug Row

IP Law 360

Bristol-Myers Squibb subsidiary Celgene has settled litigation in the U.S. that sought to block Indian drugmaker Dr. Reddy's from marketing generic versions of its blockbuster cancer medication Pomalyst, according to documents that the two sides filed on Friday in New Jersey federal court.

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Does My Teenage Son Need to Declare Streaming Income?

Dear Rich IP Blog

Dear Rich: My teenage son has been streaming music on various digital platforms. Does he need to file taxes on the money he has generated? That depends. Did your son earn more than $12,550 in 2021? Your son does not owe taxes or have to file a return unless he earned more than $12,550 during 2021. That's assuming your teenage son is living with you and is listed as a dependent on your annual tax filing.

Music 52
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Taiwanese Pharma Co. Beats Sanctions In AOP Arb. Fight

IP Law 360

Taiwanese pharmaceutical company PharmaEssentia avoided sanctions and a default judgment on Friday when a Massachusetts federal judge ruled that a previous order for the firm to pay attorneys fees for Austrian pharmaceutical company AOP Orphan during their fight over a €142 million arbitral award had already addressed PharmaEssentia's withholding of discovery.

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PTO Examiners are Entitled to Appropriate Deference

JD Supra Law

In Nature Simulation Systems Inc. v. Autodesk, Inc., [2020-2257] (January 27, 2022), the Federal Circuit reversed the district court’s judgement that U.S. Patent Nos. 10,120,961 and 10,109,105, both entitled “Method for Immediate Boolean Operations Using Geometric Facets,” were not invalid for indefiniteness.

IP 52
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Ping® February 2022 – Just How Enforceable Are Online Terms?

LexBlog IP

J ust How Enforceable Are Online Terms? What You Need To Know. We have all, at some point while online, clicked on the “I Accept” button without giving it a second thought. Whether creating a social media account, signing up a for an online service, or just trying to get to bank statements, more and more businesses are linking to their standard terms and conditions online for suppliers and customers.

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Another highly derivative blog post

Likelihood of Confusion

We learn from our mistakes. Far better, however, is to learn from the other guy’s mistakes. Here by “our” and “other guy” I am referring to people engaged in the. The post Another highly derivative blog post appeared first on LIKELIHOOD OF CONFUSION™.

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MarkIt to Market® - January 2022: Very Peri – Pantone’s New Hue for 2022!

JD Supra Law

Last month, the Pantone Color Institute extended its influence on consumer tastes and designs by naming “Very Peri” as its Color of the Year for 2022. Rather than selecting a color from its existing and extensive palette, the institute created an entirely new hue for its annual pick. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Plain Language Means Better Science

Velocity of Content

Last week, at the European Meeting of the International Society of Medical Publication Professionals, pharmaceutical firm Ipsen announced a breakthrough dramatically affecting doctors and patients alike. This important research advancement did not occur in any laboratory – it emerged after close examination of the drug company’s communications policy.

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Latest Federal Court Cases - January 2022 #5

JD Supra Law

Nature Simulation Systems Inc. v. Autodesk, Inc., Appeal No. 2020-2257 (Fed. Cir. Jan. 27, 2022) - In its only precedential patent decision this week, the Court of Appeals for the Federal Circuit corrected what it considered to be an incorrect standard for claim indefiniteness applied by the U.S. District Court for the Northern District of California.

Patent 52
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All Eyes on Us – the Latest FTC Case Involves Contact Lenses plus an Important Lesson About Incentivized Reviews

LexBlog IP

Up until now, most of the FTC’s law enforcement involving the Contact Lens Rule (Rule) has focused on sellers of cosmetic or decorative lenses. Indeed, safety concerns about decorative lenses were newsworthy in 2010, when Lady Gaga appeared in her Bad Romance video with “ cartoonishly large eyes.” But the agency just announced a case against a more prominent player in the industry, Vision Path , which markets Hubble contact lenses.

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Ordinary Meaning Can Be Broader than Disclosed Embodiments

JD Supra Law

In Evolusion Concepts, Inc. v. HOC Events, Inc., [2021-1963] (January 14, 2022), the Federal Circuit reversed the grant of summary judgment of non-infringement of U.S. Patent No. 8,756,845 on a “Method and Device for Converting Firearm with Detachable Magazine to a Firearm with Fixed Magazine,” reversed the denial of summary judgment of direct infringement as to the independent claims 1 and 8, and remanded for further proceedings.

IP 52
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This Week in Washington IP: Critiquing the DOJ’s SEP Policy Statement, Musician Royalties for Terrestrial AM/FM Radio Broadcasts, and Promoting Collective News Publisher Negotiations with Online News Aggregators

IP Watchdog

This week in Washington IP news, the House of Representatives hosts several committee hearings to discuss the American Music Fairness Act, which would require terrestrial AM/FM radio stations to pay royalties to musical performers and not only songwriters, and to navigate the safety concerns raised by aviation executives over the expanded rollout of 5G networks operating on frequencies close to those utilized by airplane safety devices.

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Strengthen Software Claims Against Alice Challenges through Coined Terms and Depicting Technical Advantages in Figures

JD Supra Law

The Federal Circuit recently provided strategic guidance for defending software claims against Alice challenges that claims recite ineligible patent subject matter under 35 U.S.C. § 101. In Mentone Solutions LLC v. Digi International Inc., defendants alleged that representative claim 5 of U.S. Patent No. 6,952,413, directed towards allocating data channels using shifted uplink status flags in cellular mobile stations, claimed only an abstract idea.