Tue.Nov 23, 2021

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Founder of Piracy & Subtitling Site YYeTs Sentenced to 3.5 Years in Prison

TorrentFreak

While China needs little prompting to shut down or block any websites that don’t fit a locally-approved profile, sometimes it needs encouragement from overseas. In 2014 the MPAA highlighted the activities of China-based YYeTs.com, a site known locally as Renren Yingshi. The platform was described as the most popular download site for copyrighted content in China, providing links in various formats, including for the popular Xunlei and BitTorrent clients.

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How Does the Supply Chain Impact the World Trademarks?

Erik K Pelton

The supply chain issues impacting our commerce shipments and supplies have relationship with the world of trademarks. Erik details what brand owners need to know about trademark protection and the supply chain. The post How Does the Supply Chain Impact the World Trademarks? appeared first on Erik M Pelton & Associates, PLLC. The supply chain issues impacting our commerce shipments and supplies have relationship with the world of trademarks.

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Court Orders Telegram to Block Access to Piracy Channels With Millions of Members

TorrentFreak

With over a quarter billion active users, Telegram is one on the most used messaging apps. In addition to direct chats, the application also allows people to create channels through which they can broadcast messages to unlimited audiences. This feature is regularly abused by pirates. These Telegram troubles were pointed out by the Motion Picture Association (MPA) just recently.

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This is What’s at Stake if WTO Removes Protections for Lifesaving Medicines

IP Watchdog

Experts agree: The COVID-19 vaccines are one of humanity’s greatest achievements. The previous record for vaccine delivery was almost five years; today’s innovators delivered the COVID-19 vaccines in less than one. The achievement is a testament to the dedication of those innovators, as well as the strength of the policy framework that supports their work.

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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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Whitney Houston’s Never-Before-Heard Demo is Now Available as NFT

JD Supra Law

This December, the estate of Whitney Houston plans to sell a demo recorded by then 17-year-old Whitney Houston, minted as a NFT on the OneOf sales platform. The-never-before-heard-track will be unveiled on December 1st during Miami Art week (held from November 29 to December 5, 2021).

Art 107
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Evolving Perspectives: USPTO Call for Comments on Patent Eligibility Comes to a Close (Part 1)

IPilogue

Photo by Element5 Digital ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. On October 15, 2021, the U.S Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. provided contrasting viewpoints on the matter, with some corporations urging legislative reform, and others quite pleased with the current state of law.

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Shop Small on Small Business Saturday

U.S. Department of Commerce

Shop Small on Small Business Saturday. November 23, 2021. KCPullen@doc.gov. Tue, 11/23/2021 - 13:13. Minority business growth. Saturday, November 27, 2021 is Small Business Saturday – a day to celebrate and support small businesses and all they do for their communities. This year, we know that small businesses need our support now more than ever as they navigate, retool and pivot from the effects of the coronavirus pandemic.

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The U.S. Trademark Office Says ?8-THC Is Illegal -- Usually

JD Supra Law

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill (i.e., Agriculture Improvement Act of 2018) decriminalized those cannabis plants and parts having low concentrations (up to 0.3% by dry weight) of delta-9-tetrahydrocannabinol (?

Trademark 101
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Movie-Inspired Collector ‘Tokens’ Spark Dispute Over the Right to Sell IP-Related Assets

IP Close Up

Quentin Tarantino, writer and director of the 1994 classic ‘Pulp Fiction’ is engaged in a fight with the film’s owner over whether he has the right to Continue reading.

IP 88
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USPTO News Briefs - November 2021

JD Supra Law

USPTO Delays Fee for Failure to File Applications in DOCX Format - In a notice published in the Federal Register earlier today (86 Fed. Reg. 66192), the U.S. Patent and Trademark Office announced that it was delaying the effective date for assessment of the fee for filing patent applications that are not in the DOCX format.

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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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Groundbreaking open-source rulings could mean big changes for China’s software industry

IAM Magazine

Recent copyright infringement judgments in Shenzhen and Guangzhou could upend common practices for commercial software developers.

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A Rose by Any Other Name: an Australian court rules that AI can be an inventor

JD Supra Law

On 30 July 2021, the Federal Court of Australia ruled that a machine – that is, a mathematical equation that analysed and processed data – can be an inventor under Australian patent laws. A world-first decision, Thaler v Commissioner of Patents [2021] FCA 879 represents a sea change in how courts assess the requirements of a “patent inventor”, opening up the real possibility that other artificial intelligence (AI) systems may enjoy similar designations.

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Photog Wants High Court Review Of U. Of Houston IP Fight

IP Law 360

A photographer wants the U.S. Supreme Court to vacate the Texas Supreme Court's finding that the University of Houston's unauthorized use of one of his images doesn't amount to a per se taking of his copyright.

IP 75
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Federal Circuit Patent Watch: Arbitration Rules Incorporated-by-Reference into License Agreement may Delegate to Arbitrator the Authority to Determine Arbitrability

JD Supra Law

Precedential Federal Circuit Opinions - ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. [OPINION] (2021-1709, November 12, 2021) (LOURIE, O’MALLEY, and CHEN) - O’Malley, J. Affirming district court decision compelling arbitration and dismissing declaratory judgment action without prejudice. The parties’ technology license agreement included an arbitration provision stating that arbitration is to be conducted “in accordance with the provisions of the California Code of Civil.

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Pfizer Says Employee Stole Confidential Docs On COVID Vax

IP Law 360

Pfizer Inc. said Tuesday that it was investigating a longtime employee who it believes downloaded thousands of documents containing confidential information, some of which is related to the pharmaceutical giant's COVID-19 vaccine, according to a suit filed in California federal court.

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McNees Wallace & Nurick Is Looking to Hire a Copyright/Trademark Associate

IP Watchdog

McNees Wallace & Nurick LLC is recruiting an Intellectual Property Attorney (Copyright/Trademark) with at least 5 years of relevant experience. McNees Wallace & Nurick LLC has offices in Harrisburg, Lancaster, State College and Devon (Main Line) PA, Columbus, OH, and Frederick, MD. Candidates will be offered the flexibility to work remotely but must be willing to travel to one of our offices from time to time.

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1st Circ. Throws Out 'LOVE' Artist's Estate Arbitration Win

IP Law 360

A New York arbitration panel won't oversee an art publisher's cross-claims against the estate of artist Robert Indiana, after the First Circuit declared that a new agreement between the parties took out an arbitration provision in the original contract.

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Northern District of California Dismisses Challenge to PTAB’s Fintiv Factors

JD Supra Law

On Nov. 10, 2021, the Northern District of California granted the United States Patent and Trademark Office’s (USPTO) motion to dismiss a lawsuit brought by Apple and co-plaintiffs challenging the Patent Trial and Appeal Board’s (PTAB) use of the Fintiv factors in deciding whether to institute inter partes review (IPR).

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Amgen Takes Antibody Patents Invalidation To Supreme Court

IP Law 360

Amgen Inc. has asked the U.S. Supreme Court to overrule the Federal Circuit's invalidation of two patents covering its cholesterol medication Repatha, saying the circuit court's ruling "invades" the role of a jury and misunderstands enablement standards.

Patent 75
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Creative Spotlight with Country/Trailer Trap Artist and Composer Blanco Brown

Copyright Alliance

This week we’d like to introduce you to Country/Trailer Trap Artist and composer Blanco Brown. Blanco’s first album, Honeysuckle & Lightning Bugs came out in October 2019. In 2019, Blanco’s […]. The post Creative Spotlight with Country/Trailer Trap Artist and Composer Blanco Brown appeared first on Copyright Alliance.

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Fed. Circ. Says Why It Revived An IP Case Against Fujifilm

IP Law 360

The Federal Circuit on Tuesday provided more insight into its decision to revive a patent suit from a research organization affiliated with a Florida university against Fujifilm Medical Systems over digital mammography machines and explained how a Connecticut judge read the law wrong on license agreements.

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Do You Want a Jury Trial in a Trade Secrets or Non-Compete Case?

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. I recently wrapped up a series of hard-fought cases centering around restrictive covenant violations and trade secret misappropriation.

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Discretion Retained: USPTO Dodges Attack from Big Tech to Rein in Discretionary IPR Denials

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) recently thwarted an attempt by big tech companies such as Apple, Cisco, Google, and Intel, to rid themselves of discretionary denials under the Fintiv factors. While these companies will almost assuredly seek other avenues to dismantle such discretionary denials, last week’s developments are a win for patent owners in the short term.

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How ‘always-never’ rules can help brands battle counterfeits

Managing IP

Counsel at Coty, Starbucks and Otterbox explain how always taking down products with certain characteristics can help them and their vendors catch fakes

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Banks and financial institutions targeted in a wave of patent lawsuits for supporting Samsung Pay

JD Supra Law

The assault on banks and financial institutions by non-practicing entities or “patent trolls” continues. Two weeks ago, we discussed a number of patent infringement suits being filed by Auth Token. Now many of the same banks and financial institutions are being targeted in a new patent campaign, this time filed by Ward Participations B.V., based on their support of the mobile payment and digital wallet service, Samsung Pay.

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Fox Rothschild Nabs IP Partner With Pharma Background

IP Law 360

Fox Rothschild LLP has added intellectual property attorney and former neuro-pharmaceutical researcher Jayashree Mitra as a partner in the firm's New York office, the firm announced on Monday.

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Innovent Announces Results of Phase III Trial of Sintilimab and Bevacizumab Combination Therapy In Patients With Advanced Lung Cancer

LexBlog IP

Innovent Biologics, Inc. announced the results of the Phase III ORIENT-31 study evaluating sintilimab in combination with BYVASDA (bevacizumab biosimilar) for the treatment of non-squamous non-small cell lung cancer. According to the press release, patients receiving sintilimab plus BYVASDA combined with chemotherapy (pemetrexed and cisplatin) demonstrated an improvement in progression-free survival compared with patients receiving chemotherapy alone.

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Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

JD Supra Law

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the participating patent offices to share information and to benefit from work performed by other participating patent offices, and thereby reducing examination workload and improving quality of patents.

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FDA Approves First Interchangeable Biosimilar Insulin Product (UPDATE – 11/23/2021)

LexBlog IP

July 28, 2021 – the U.S. Food and Drug Administration (FDA) approved Viatris Inc.’s (formerly Mylan Pharmaceuticals Inc.) SEMGLEE (insulin glargine-yfgn), a biosimilar to LANTUS (insulin glargine). According to the press release , SEMGLEE is indicated to improve glycemic control in adults and pediatric patients with Type 1 diabetes mellitus and in adults with Type 2 diabetes mellitus.

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Ranbaxy Can't Shake MDL Antitrust Claims As Trial Nears

IP Law 360

Ranbaxy Pharmaceuticals Inc. didn't need to ever sell a dose of a drug to have wielded monopoly power over it, a Boston federal judge ruled Monday, rejecting the company's bid for an early win on antitrust claims in the multidistrict suit.

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District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches

LexBlog IP

A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents pertaining to alleged cybersecurity breaches. The Court’s order in the case, Walsh v. Alight Solutions, LLC, Dkt. # 20-cv-02138 (N.D.

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5 Obscure Patents Inspired by Thanksgiving Dinner

IP.com

At IP.com, we’re primarily interested in helping our customers invent, disclose, and monetize useful technologies. However, we’re not immune to the draw of obscure inventions! These five Thanksgiving-related patents might. The post 5 Obscure Patents Inspired by Thanksgiving Dinner appeared first on IP.com - IP Innovation and Analytics.

Patent 52
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City Claims Google’s Water Use Is A Trade Secret and Exempt from Oregon’s Public Records Laws

LexBlog IP

In a case pitting Wasco County, Oregon residents and a newspaper against the City of Dalles, Oregon, a court will decide whether a public interest exception in a state law will mandate the disclosure of potential trade secrets. After a reporter from The Oregonian inquired into Google’s water use, the City of Dalles (“Dalles”) filed a Complaint against both the reporter and the newspaper (the “Defendants”) seeking declaratory relief, requesting that the court declare

Law 52
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How to Go Ahead with IP Audit?

IP and Legal Filings

A business owns, acquires, or uses IPs in various fields which require systematic review. The review of IPs in a company is generally what is known as an IP audit. This audit helps in structuring and assessing any risk involved in taking IP forward. The audit clarifies any such risk which the company can take a note of and structure the remedy that can be required.

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Corporate IP heads reveal invention harvesting tricks of the trade

IAM Magazine

Leaders from Johnson Controls, JUUL Labs, Valo Health and IBM discuss tried-and-true methods of capturing innovation, as well as lessons learned from the pandemic.