Fri.Apr 01, 2022

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“CODA” Piracy Skyrockets After Best Picture Oscar Win

TorrentFreak

The Oscars are the most anticipated movie awards show of the year, closely followed by hundreds of millions of movie fans around the world. This year’s awards ceremony received plenty of attention as well, with most of the media focusing on the Will Smith incident. Luckily, the winners didn’t get unnoticed by the public at large. There are two films that clearly stand out.

Copying 130
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Putin’s Puppets Pick on Peppa Pig: Intellectual property rights are collateral damage in the economic war between Russia and the nations supporting Ukraine

JD Supra Law

As we’ve reported elsewhere in our blog, the U.S., EU, and other nations recently have enacted significant economic sanctions against Russian individuals and entities in response to Russia’s invasion of Ukraine. Russia is striking back, and intellectual property (“IP”) rights are fair game in this economic war.

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Accessing Standards in the Workflow: A Study of the Content Consumption Practices of Engineers

Velocity of Content

An in-depth analysis by Tatiana Khayrullina of Outsell, Inc. available for download. Both producers and consumers of standards agree about the extraordinary value standards contribute to the success of engineering work. Yet, in some cases, CCC has observed standards development organizations, or SDOs, to have a different point of view from their customers as to how to facilitate access by users while protecting their intellectual property.

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[PODCAST] The Role of ADR in Resolving IP Disputes in the Life Sciences Industry

JD Supra Law

A podcast from JAMS featuring Steven Bauer and Sarah Geers on how ADR can play a pivotal role in resolving IP-related disputes in the life sciences industry - In this podcast, Steven Bauer, mediator and arbitrator at JAMS, and Sarah Geers, partner at the global law firm Jones Day, discuss the types of intellectual property disputes they are seeing in the life sciences industry and the advantages of using ADR to resolve these cases, as well as how the process might evolve in the future.

IP 98
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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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Applicant’s Lack of Transparency Clouds TM Registration

Patently-O

In re Dolce Vita Footwear (Fed. Cir. 2022). This is a pending trademark case involving the mark CLEAR that Dolce Vita uses on their shoes. I remember the 1980s and gel-sandals; my internet search also reveals some beautiful translucent Crocs. Still, when I saw the brand name CLEAR as applied to footwear, I did not expect for the shoes to be transparent. .

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Warhol Again Begs the Question: What is Art?

JD Supra Law

Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than the court of public opinion. What an ironic twist.

Art 98

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Russian Sanctions Create Patent Risks

JD Supra Law

While multi-national sanctions recently imposed on Russia were intended to punish Russia for its aggression in Ukraine, the effects of the sanctions have led to a need for tough decisions for U.S. entities with patent interests in Russia. The prohibitions on financial exchanges with certain Russian banks will essentially prevent any payment of fees to Rospatent (the Russian patent office), and although a general license from the Department of the Treasury provides a short window for winding down

Patent 98
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“Government employees are not available to accept private clients”

Patently-O

by Dennis Crouch. Correll v. Hirshfeld (Fed. Cir. 2022) (pending appeal). From 2002-2017, Kevin Correll worked as an electrical engineer for the US Navy. Correll is also a patent attorney and during that time Correll ran his own small firm. In 2016, someone at the Navy figured out that this was a problem and worked with the USPTO Office of Enrollment & Discipline to begin an investigation.

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Cancer Drug Patent Not Dead Yet

JD Supra Law

(Mar. 31, 2022) Last Friday, ImmunoGen won an appeal at the Federal Circuit in ImmunoGen, Inc. v. Hirshfeld. The lawsuit is a civil action to order the granting of U.S. Application No. 14/509,809 (‘809), titled “Anti-FOLR Immunoconjugate Dosing Regimens”: A federal judge in Virginia ruled it unpatentable, but the Federal Circuit overturned that decision.

Patent 97
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Ex-Fed. Circ. Chief Says Court Lost Its Way On Obviousness

IP Law 360

The Federal Circuit has wrongly increased the burden placed on patent owners when trying to prove their patents aren't obvious because factors like commercial success prove otherwise, the court's former chief said Friday.

Patent 75
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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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Municipal Bond Projects: Intellectual Property Risks

JD Supra Law

Private activity bonds may finance projects that rely on novel technology subject to intellectual property protections, such as patents, trade secrets, and know-how. The novelty of the technology presents unique risks for bond buyers, as these projects often represent initial efforts to commercialize previously untested technology at a production scale.

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Patent Suit Against Nintendo Given New Life By Fed. Circ.

IP Law 360

The Federal Circuit on Friday revived a suit accusing Nintendo of infringing a patent with the controllers for its Wii and Switch video game systems, ruling that a Washington federal judge relied too heavily on a Nintendo expert witness in granting the company summary judgment.

Patent 75
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Seyfarth to Sponsor and Robert Milligan to Moderate a Panel for The 2022 Sedona Conference on Trade Secrets

Trading Secrets

Robert Milligan, Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes group, will moderate the “Leveraging Internal Assets in the Governance and Management of Trade Secrets” panel for The 2022 Sedona Conference. Seyfarth is also sponsoring the Sedona Conference, which is taking place May 9–10 at The Brown Palace Hotel & Spa in Denver, Colorado.

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Texas Judge Says Vine Is Coming Back — In Patent Suit

IP Law 360

More than five years after a Texas federal judge ruled that two patents covering a process of generating video clips were ineligible for patent protection under the Alice standard, he changed his mind Friday and revived a patent company's suit against Twitter over its long-defunct Vine app.

Patent 75
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BlackBerry patent sale clears regulatory review, but buyer still has financing details to iron out

IAM Magazine

Catapult IP Innovations is using a $450 million loan to purchase the 38,000 patents, but 90% of the debt commitment is conditional upon its success in raising $90 million in equity financing by April’s end.

Patent 52
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Brand Battles: TikTok Owner Wants To Block 'Tik Toxic' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, TikTok owner ByteDance is trying to stop an Ohio company from registering "Tik Toxic" as a trademark — plus here are four other cases you need to know about.

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Five key takeaways from IPBC Europe

IAM Magazine

Returning from two action-packed days in London, IAM Deputy Editor Adam Houldsworth reflects on the surprising state of corporate UPC strategies, the rise of AI, FRAND fireworks and more.

Patent 52
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Celltrion Announces Agreement with Brazilian Government to Supply Infliximab Biosimilar

LexBlog IP

On March 24, 2022, Celltrion Healthcare announced that it had won a bid to the Brazilian Federal Government to supply a biosimilar version of Remsima® (infliximab), along with bids to 12 Brazilian states. According to the company, infliximab will be the third biosmilar product that Celltrion is to supply to the Brazilian market after Celltrion reached agreement in 2021 with the Brazilian Ministry of Health to supply Truxima® (Celltrion’s rituximab biosimilar) and Herzuma® (C

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Running on empty

Likelihood of Confusion

Urk. Remember when we told you the GOP was getting lousy IP advice? It hasn’t gotten better: Singer, songwriter, liberal activist and now John McCain scourge Jackson Browne filed a. The post Running on empty appeared first on LIKELIHOOD OF CONFUSION™.

IP 52
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Five key takeaways from IPBC Europe

IAM Magazine

Returning from two action-packed days in London, IAM Deputy Editor Adam Houldsworth reflects on the surprising state of corporate UPC strategies, the rise of AI, FRAND fireworks and more.

Patent 52
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Sidebars Podcast | Looking Back on Season One

JD Supra Law

In this episode, hosts April Abele Isaacson and Kimberlynn Davis along with the podcast’s producer, Kristina Travaillot, reflect on the first season of the Sidebars podcast and provide a preview of Season Two.

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Public Librarians Return in Person

Velocity of Content

Lockdowns and social distancing practices have affected public libraries and librarians dramatically over the last two years. Last week, at the first post-pandemic gathering of the Public Library Association , a division of the American Library Association , the impact of COVID-19 remained evident. “For a lot of people attending PLA 2022, it was pretty emotional to be in Portland,” reports Andrew Albanese , Publishers Weekly senior writer.

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Sports & Entertainment Spotlight: Kobe Bryant's Estate and Nike Forge New Partnership to Carry on Legacy; Dua Lipa Faces Yet Another Copyright Infringement Lawsuit Over Her Mega-Hit Song "Levitating"

JD Supra Law

Welcome back to the "Spotlight." I don’t know whether any of you have heard, but something pretty shocking took place this past Sunday night at the Dolby Theatre in Los Angeles. I hope you’re sitting down while you read this (those of you with standing desks may want to bring it down to its lowest level—your chiropractor will forgive you). But apparently there was an awards ceremony at which…get this: gold statuette trophies were given to some of the most talented and accomplished people in the.

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When to file a continuation application: What is the continuation deadline?

Patent Trademark Blog

When must a continuation application be filed? Known as a child application , a continuation must be filed while the parent application is still pending. A pending patent application is one that has not been abandoned or granted. In some cases, there may be no exact deadline for when a continuation must be filed because the parent application may be pending for a long time.

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New Combined Petition Option for the Expanded Collaborative Search Pilot Program - Is It Worth Implementing Into Your International Patent Portfolio Strategy?

JD Supra Law

Effective March 29, 2022, the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) will accept a new combined petition option to participate in the Expanded Collaborative Search Pilot (CSP) program. The Expanded CSP program is currently active through Oct. 31, 2022, with each intellectual property (IP) partner office granting only 400 petitions per year.

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The Sedona Conference Issues Commentary on Protecting Trade Secrets Throughout the Employment Life Cycle

LexBlog IP

The Sedona Conference, Working Group 12 on Trade Secrets, has issued guidance on protecting trade secrets throughout the employment life cycle. This significant Commentary analyzes the tension between an employer’s interest in protecting its trade secrets and an employee’s interest in engaging in future employment. The Commentary recommends an employer: Establish trade secret policies that dictate the employer’s expectations for protection, management, and use of trade secrets

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PTAB Strategies and Insights Newsletter - March 2022: Federal Circuit Rules on Two Means-Plus-Function/Indefinite Cases

JD Supra Law

The Federal Circuit issued two cases this week providing more clarity to when a functional claim feature should be considered a de facto means-plus-function claim that requires structural detail to meet the indefiniteness standard. The first was a precedential decision, Dyfan LLC v Target Corp., Case No. 2021-1725, and the second was a non-precedential decision, VDPP LLC v Vizio Inc., Case No. 2021-2040.

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Russian Government Officials Charged with Hacking U.S. Energy Infrastructure

LexBlog IP

The U.S. Department of Justice (DOJ) unsealed indictments against four Russian government officials on March 24, 2022, alleging that they hacked into networks that controlled energy systems in the U.S. According to the DOJ, the attacks took place between 2012 and 2018, and included physical damage to infrastructure, as well as embedding malware for later use.

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Last Week In The Federal Circuit (March 21-25): Oil is a Hot Commodity These Days—Even on the Federal Circuit

JD Supra Law

When it comes to oil, even the Federal Circuit’s hands are sometimes tied. Last week, the Federal Circuit affirmed a Patent Trial and Appeal Board Precedential Opinion Panel decision for claims related to oil wells, although the Court expressed some skepticism about the agency’s reasoning. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

Patent 52
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144 Trademark Registrations issued to Indiana Companies in March 2022

Indiana Intellectual Property Law

The US Trademark Office issued the following 144 trademark registrations to persons and business in Indiana in March 2022 based on applications filed by Indiana trademark attorneys: Reg. Number. Mark. 6679659. MBGBRYBELLY. 6666925. MAXIM. 6665157. LEAD WITH YOUR EDGE. 6686862. SUNCREST AUTISM CENTER. 6686670. SHORES OF MOON. 6686117. HILL WOOD SHED. 6685907.

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BlackBerry patent sale clears regulatory review, but buyer still has financing details to iron out

IAM Magazine

Catapult IP Innovations is using a $450 million loan to purchase the 38,000 patents, but 90% of the debt commitment is conditional upon its success in raising $90 million in equity financing by April’s end.

Patent 52
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Russia, Ukraine and Patents

JD Supra Law

Continuing hostilities by the Russian Federation in Ukraine have garnered a number of responses from countries around the world. These include responses from patent offices, including the United States Patent and Trademark Office (USPTO). On March 22, 2022, the USPTO announced that it was terminating contact with officials of Russia’s Federal Service for Intellectual Property, commonly referred to as Rospatent, and the Eurasian Patent Organization, of which Russia is a member.

Patent 52
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Precedential No. 8: TTAB Upholds Refusal Based on Applicant's Noncompliance with Domicile Address Requirement

The TTABlog

Pamela Chestek, sometimes known as the IP Ownership Maven ( blog ), applied to register the mark CHESTEK LEGAL on behalf of her law firm, for "legal services." However, she declined to provide the "domicile address" of applicant, instead furnishing a post office box number in Raleigh, North Carolina. Examining Attorney Charles L. Jenkins, Jr., refused registration, citing violation of Trademark Rules 2.189 and 2.32(a)(2) because a post office box is not a street address.

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Cybersquatting in metaverse will be ‘huge issue’, say in-house

Managing IP

Counsel at Salesforce, TGI Fridays and two other firms delve into the potential for cybersquatting and the challenges it could present in the 3D virtual network

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Japan ministry publishes FRAND patent licensing guidelines

IAM Magazine

The advisory document lays out acceptable behaviours at four stages of the SEP negotiation process.