Thu.May 26, 2022

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TV Piracy is Growing Rapidly in the UK, Data Show

TorrentFreak

There is little doubt that, for many people, on-demand streaming services have become the standard for watching TV-shows. The convenience of watching TV series at the viewer’s pace is common nowadays. It was quite different 15 years ago when the on-demand experience was pretty much exclusive to pirates. TV Piracy Boom. Times have clearly changed but some old habits can be hard to kick.

Copyright 142
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DOE’s Misuse of Bayh-Dole’s ‘Exceptional Circumstances’ Provision: How Uniform Patent Policies Slip Away

IP Watchdog

A principal purpose of the Bayh-Dole Act of 1980 was imposing a uniform patent ownership policy on all federal agencies. Previously, agencies took rights to inventions made with their funding, but over the years they had developed a multiplicity of often conflicting procedures for filing appeals, with some agencies having different policies for different programs.

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Football Chief Slams IPTV Pirates While Sponsored By Piracy “Supporter”

TorrentFreak

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. A hand-picked celebrity with the right attributes, for example, can enhance the images of both parties in the eyes of consumers. These associations can be nurtured through memorable online promotions but for the past several years, some websites have been virtually labeled “proceed with caution” Rightsholders Warn Brands Not to Support Piracy.

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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 3, 2022, Bishop David P. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. Moten sought damages from West and co-defendants, G.O.O.D Music, Def Jam Recordings and Universal Music Group.

Fair Use 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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Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

JD Supra Law

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you file a lawsuit against them for copyright infringement.

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What will it take to boost Latino economic power?

McKinsey Operations

McKinsey research reveals interventions that can help boost Latino participation in the US economy and strengthen the nation’s economic performance overall.

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Senator Hawley’s Sham Copyright Reform Bill Takes Aim at The Walt Disney Company

The IP Law Blog

Last week, Senator Josh Hawley proposed a new copyright bill in the Senate that would have the effect of eviscerating existing copyrights for certain parties. The bill is known as the Copyright Clause Restoration Act. The bill would only affect entities with market caps exceeding $150 billion, which for practical purposes demonstrates that it is unambiguously intended to punish the Walt Disney Company for Disney’s recent stance against the “Don’t Say Gay” bill in Florida.

Copyright 104
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Ethicon’s Surgical Stapler Patent Held Invalid by the Federal Circuit

JD Supra Law

In Ethicon LLC v. Intuitive Surgical, Inc., the Court of Appeals for the Federal Circuit (“CAFC”) upheld a finding from the Patent Trial and Appeal Board (“Board”) the claims of Ethicon’s patent directed to a surgical stapler were invalid on obviousness grounds.

Patent 101
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Technology Transfer Metrics: How To Measure TTO ROI

IP.com

Universities expect their technology transfer offices (TTO) to deliver a return on the massive investment that research requires. Traditionally, this ROI was measured solely using the number of disclosures, patent. The post Technology Transfer Metrics: How To Measure TTO ROI appeared first on IP.com - IP Innovation and Analytics.

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MarkIt to Market® - May 2022

JD Supra Law

Thank you for reading the May 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Spotify's exploration into NFTs, two new USPTO policies with practical implications for trademark applicants and firms, and the NIH's notice of special interest concerning the use of cannabis derivatives in cancer biology. We also share the new open gTLD sunrise period.

Marketing 101
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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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Author Talks: Flex your ‘no muscle’

McKinsey Operations

Nonpromotable work profoundly affects women’s careers and lives. In her new book, Lise Vesterlund explains why women so often agree to it—and how they can say no.

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5 KEY TAKEAWAYS - A Comprehensive Guide on Non-Fungible Tokens (NFTs): Managing Potentials and Perils

JD Supra Law

Kilpatrick Townsend’s Rob Potter and Sarah Anderson recently participated in a panel of thought leaders to discuss the recent trends and significant challenges surrounding NFTs and the associated legal landscape, including helpful insights to avoid potential risks. The recent surge of non-fungible tokens (NFTs)—in number, value, and type—has become a clear sign of their high growth potential across all types of industries.

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Addressing unequal opportunity in an American city

McKinsey Operations

Spatial inequality limits opportunities for millions of Americans. How can companies leverage their unique positions to promote sustainable, inclusive growth in the communities they call home?

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AAPI Heritage Month 2022: Celebrating Asian American Pacific Islander Creators

Copyright Alliance

Art is often molded by its creator’s personal experiences—a large part of which is influenced by the creator’s cultural background and heritage, whether the creator is aware of it or […]. The post AAPI Heritage Month 2022: Celebrating Asian American Pacific Islander Creators appeared first on Copyright Alliance.

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[Video] Sharpen Your Sword: Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China

JD Supra Law

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior copyright has its advantages in trademark opposition and invalidation cases. However, there is some misunderstanding about work and copyright in practice.

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ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

IP Law 360

While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

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More Mandamus Maneuvering at the CAFC in Latest Venue Transfer Win for Apple

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today granted Apple’s petition for a writ of mandamus asking the court to direct the U.S. District Court for the Western District of Texas to transfer a case brought by BillJCo, LLC to the Northern District of California. BillJCo owns six patents directed to beacon technology, with Bill Johnson and his son Jason Johnson, who lives in Waco, Texas, named as inventors or co-inventors.

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Ex-ADI Engineer Cleared Of Most Charges In Trade Secret Trial

IP Law 360

A Boston federal jury on Thursday acquitted a former Analog Devices Inc. engineer on all but one charge in a case alleging he stole company trade secrets to jump-start a side business selling computer chips and violated export laws by shipping the schematics overseas.

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Copyright Year in Review 2021-2022

Barry Sookman

I had the pleasure earlier today to provide a talk to ALAI on “ Copyright The Year in Review 2021-2022. I prepared an annotation of the cases covered which included the following cases: . Pyrrha Design Inc. v. Plum and Posey Inc. , 2022 FCA 7. Trimble Solutions Corporation v. Quantum Dynamics Inc., 2021 FC 6. Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd. , 2021 FC 314.

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Lil Duval Escapes Lawsuit Over 'Smile' Authorship

IP Law 360

A Georgia federal judge on Wednesday dismissed a lawsuit accusing comedian and recording artist Lil Duval and Rich Broke Entertainment LLC of wrongly denying two former creative partners writing credits and profits from a hit record they claimed to have co-written with him.

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USPTO PPAC – Ready for Nominees

Patently-O

The Patent Public Advisory Committee (PPAC) forms a board of advisors for the USPTO Director. Nine members appointed by the Secretary of Commerce for three-year terms. Although PPAC does not have formal power to take action, the USPTO Director is required to cooperate with the committee, provide it with access to information, and consider its advice.

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How the petrochemicals industry can benefit from advanced analytics

McKinsey Operations

Four key elements that can help companies launch advanced analytics and machine learning programs.

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Houston Trial Firm AZA Loses 2 Name Partners To New Firm

IP Law 360

Houston litigation boutique Ahmad Zavitsanos Anaipakos Alavi & Mensing PC has split, with two name partners leaving to form their own trial-focused firm, Alavi & Anaipakos PLLC.

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ASU cannot sue Covid Parties Instagram Posts’ Owner for Trademark Infringement 

LexBlog IP

Arizona State University (ASU) and the Arizona Board of Regents (ABOR) cannot sue the owner of an Instagram account over trademark infringement claims. The Ninth Circuit upheld the lower court decision in May 2022, throwing out ABOR-ASU’s lawsuit. The University’s ire was directed at an Instagram content creator. He used the ASU logo and other marks to promote “COVID parties” and other misinformation postings, which risk public health.

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OM Weekly Digest 26/05/22

Olartemoure Blog

26/05/22 – Litigation and ADR. On 17 May 2022, authorities reinstated the statutory period for citizen petition rights that had been extended during the COVID public health emergency. In 2020, the extension was set to 35 days for addressing citizen requests in most cases. Government agencies were even allowed to suspend operations at their administrative headquarters, further delaying response times.

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WDTX Looks at Average Time to Trial, Why Doesn’t the PTAB?

LexBlog IP

Trial Dates & Backward Looking Stats Unreliable? This past November, Senator Tillis has cautioned the agency that “it is difficult to imagine any plausible justification for the continued reliance on the demonstrably inaccurate trial dates set by the Waco Division.” Fintiv practices have remained unchanged since that time. More recently, the WDTX had occasion to consider the competing schedule of another forum.

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Certification Marks

Sander Law

Trademarks vs. Certification Marks. The purpose of a trademark is to distinguish the goods and/or services of one entity from goods and/or services provided by others in the marketplace. In contrast, the purpose of a certification m ark is to distinguish the goods and/or services of a defined standard from the goods and/or services that do not meet the defined standard.

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Startup Wants Illumina Trade Secret Suit Tossed

IP Law 360

Silicon Valley-based cancer diagnostics startup Guardant said that a Delaware federal judge should toss gene sequencing company Illumina's lawsuit alleging trade secret theft, saying Illumina was just trying to suppress competition and ruin a competitor's business.

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US National Phase Strategy: What is a smarter way to enter the US national stage?

Patent Trademark Blog

How to prepare for a US national phase application. Almost every PCT application is filed with the US national phase in mind. Even if a PCT applicant ultimately chooses not to enter the US, foreign IP firms will be greatly helped by understanding a few key nuances of US patent practice. Knowing certain US national phase strategies upfront can streamline a foreign PCT application for entry into the US.

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California AG Interprets “Inferences” Under CCPA

LexBlog IP

The California Office of the Attorney General issued its first opinion interpreting the California Consumer Privacy Act (CCPA) on March 10, 2022, addressing the issue of whether a consumer has a right to know the inferences that a business holds about the consumer. The AG concluded that, unless a statutory exception applies, internally generated inferences that a business holds about the consumer are personal information within the meaning of the CCPA and must be disclosed to the consumer, upon

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Patent Case Summaries - May 2022 #2

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52
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CCC as Part of a More Connected Scholarly Community at SSP 2022

Velocity of Content

CCC is thrilled to be sponsoring and attending this year’s Society for Scholarly Publishing (SSP) Annual Meeting in Chicago, Illinois from June 1-3. True to the theme of “Building a More Connected Scholarly Community,” this in-person event will bring together academics, funders, librarians, publishers, and more from across the globe. As a Gold Sponsor, CCC looks forward to connecting with our peers in the scholarly publishing community during a series of breaks throughout the event, and three di

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Recognized v. Registered Trademarks - Quebec Amends the Charter of the French Language

JD Supra Law

Proposed in May 2021 and adopted on May 25, 2022, Bill 96 amends the Charter of the French Language (the “Charter”) – the statute governing the use of French as the language of business in the province of Quebec, including contracts and trademarks.

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Xperi taps chief legal officer to lead IP licensing spinoff

IAM Magazine

Paul Davis appointed to run Adeia following the departure of Samir Armaly, as company makes internal promotion ahead of planned autumn spin-out for patent business.

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Delay in Enforcing Trademark Measured from When Infringement Became Actionable

JD Supra Law

Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a meaningful analysis” as to when the trademark infringement first became actionable.