Fri.May 06, 2022

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No Longer “Levitating”: Dua Lipa’s Song Bogged Down by Two Lawsuits

IPilogue

Photo by Smorazanm ( Pixabay ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. Dua Lipa’s 2020 pop hit “Levitating” is facing copyright infringement lawsuits as of March 2022. Two separate song-writing teams, those for Artikal Sound System and Cory Daye , claim the song ripped off their own and filed complaints with their state federal courts.

Music 118
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@davidclowery on the NMPA’s Revisionist History

The Trichordist

Read the thread. Don’t forget that there will be another opportunity to comment to the Copyright Royalty Board (probably) if the Judges adopt the new rate settlement.

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BREAKING: Illumina Told To Pay $334M In DNA Sequencing Patent Trial

IP Law 360

A Delaware federal jury decided Friday that Illumina willfully infringed two Complete Genomics Inc. DNA sequencing patents and should pay $334 million in damages, while also invalidating three Illumina patents that CGI was accused of infringing in counterclaims.

Patent 98
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Other Barks & Bites for Friday, May 6: Bill to Crack Down on Cybercrime Made Law, Second Circuit Dismisses Termination Request for ‘Can’t Help Falling In Love’, Hawley to Introduce Bill Targeting Disney Copyright Extensions

IP Watchdog

This week in Other Barks & Bites: the bipartisan Better Cybercrime Metrics Act was signed into law; the Department of Justice announced $105 million in civil penalties in the first action taken under the Federal Trade Commission’s “Made in USA” branding rules; Senator Josh Hawley tweeted his plans to introduce a bill limiting Disney’s ability to extend copyright covering Mickey Mouse and other entertainment properties; the Second Circuit affirmed a district court’s dismissal of a copyright

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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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U.S. Copyright Office Seeks Input on Mandatory DMCA “Upload Filters”

TorrentFreak

For many years, U.S. lawmakers have considered options to update the DMCA so it can more effectively deal with today’s online copyright issues. Many proposals have come and gone, without resulting in any significant update. That could be about to change. Following repeated nudges from Senators Thom Tillis and Patrick Leahy, the Copyright Office started looking into automated tools that online services can use to ensure that pirated content can’t be easily reuploaded.

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Federal Circuit – Our Views of the Bench

CoCal IP Law Institute

Who are the people in your neighborhood? Our neighborhood includes the Court of Appeals for the Federal Circuit. The CAFC currently has 19 sitting judges. Here's a list of the judges with links to their bios. The judges have diverse and interesting backgrounds. The bench includes a Chief Judge. Ever wonder how the chief judge [.

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Brand Battles: Dell Aims To Block Payroll Co.'s 'Deel' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Dell is fighting payroll platform Deel's request to register its name as a trademark — and three other cases you need to know.

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Movie, Music, Gaming & Publishing Groups Join ISPs in Deal to Block Piracy

TorrentFreak

In terms of drama, excitement, politics and at times pure theater, Sweden’s connection with iconic file-sharing battles is unrivaled, largely due to the antics of The Pirate Bay. At least for a while, the battle lines seemed to be clearly drawn. ‘Greedy’ entertainment industry giants lined up on one side, with The Pirate Bay, its founders, and what felt like universal public support on the other.

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The Growing Complexity Of Commercial Rights Issues In NFTs

IP Law 360

Purchase rights solutions lag the rapid growth of nonfungible tokens as investments, and until this issue is resolved, issuers and purchasers of NFTs will need to grapple with the challenges of applying traditional contract law principles to a technology based on decentralization, say attorneys at Skadden.

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TTABlog Test: Is AUBURN Deceptively Misdescriptive of Faucets?

The TTABlog

The USPTO refused to register the proposed mark AUBURN for "Plumbing products, namely, faucets," finding the mark to be deceptively misdescriptive of the goods under Section 2(e)(1). The examining attorney contended that third parties use the auburn color on their plumbing faucets and so consumers would falsely believe that applicant’s faucets are in the color auburn.

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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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Gambling Co. Tells Fed. Circ. Judge Botched Alice Analysis

IP Law 360

The Federal Circuit considered Friday whether a Nevada federal judge prematurely held that four NexRF Corp. patents on a remote gambling platform were invalid under the U.S. Supreme Court's Alice decision.

Patent 74
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Skinny Label Safe Harbor

Patently-O

by Dennis Crouch. Most of the Orange Book patents do not cover a novel active ingredient or new drug. Rather, most are new methods of treatment or formulations. When a drug is covered only by method-of-treatment claims, that means that generic sales of the active ingredients does constitute patent infringement, unless the sales are somehow inducing folks to perform the method.

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InterDigital posts strong quarter, but renewals with Apple and Samsung loom

IAM Magazine

“We are already in active negotiations,” CEO Liren Chen revealed during an earnings call where InterDigital reported $101.3 million in quarterly revenue, a 23% year-on-year increase.

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Virtual Instructor Led Training (vILT): Writing Rejections

Patently-O

If you have time, I would recommend attending the USPTO’s Virtual Instructor Led Training (vILT). The training is great background for patent prosecutors because it is typically identical to what is provided to patent examiners. The Office is working through a multi-part course on how it examines 35 U.S.C. § 103 and the next 2-hour course is called Obviousness Part 2: “Writing Rejections.” How to establish a prima facie case.

Art 58
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Fed. Circ. Mulls Scope Of Eye Tech Software Injunction

IP Law 360

The Federal Circuit on Friday examined a bid by two Topcon Corp. subsidiaries to overturn what the entities called a "vague" preliminary injunction that blocked the launch of an eye diagnostics software but left unclear whether they could sell two other eye care management technologies.

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S&S Q1 Sales Soar

Velocity of Content

Simon & Schuster has reported that revenue rose 17% and operating income soared 85% in the first quarter ended March 31, 2022, according to Andrew Albanese , Publishers Weekly senior writer. The remarkable business news for S&S comes while the publisher contends with the US government efforts to block its proposed acquisition by Penguin Random House.

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Moderna Says COVID-19 Vax Patent Suit Should Be Tossed

IP Law 360

Moderna Inc. on Friday urged a Delaware federal court to throw out a lawsuit accusing it of infringing the patents of a rival mRNA developer with its COVID-19 vaccine, arguing that the claims should be filed against the federal government, not Moderna.

Patent 52
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Still Alive: The German "Automatic Injunction" in Patent Infringement Cases Under the New Patent Act

JD Supra Law

The new PatG provides an exception to the general rule that injunctions result as a direct consequence of infringement for cases in which an immediate injunction would result in disproportionate hardship when weighing the interests of the patent holder and the infringer. Although this might appear to represent a considerable change in the patentee-friendly German litigation system, patentees can expect to readily obtain injunctions in appropriate future cases.

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The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Paper No More: Effective June 7, 2022, U.S. Trademark Registration Certificates Will Be Electronic

JD Supra Law

Starting June 7, 2022, the United States Patent and Trademark Office (USPTO) will issue electronic registration certificates rather than the traditional paper certificates with gold foil seals. The electronically issued registration certificates will be the official certificates.

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The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Sports & Entertainment Spotlight: College Athletes Use NIL Opportunities to Create Bidding War, and Power Couple Jay-Z and Beyoncé Invest in the Future of Healthy Snacks

JD Supra Law

Live from New York it’s…wait, that’s not right. Two weeks off, and I’ve forgotten how I open these…ah, yes… Welcome back (both to me and to you) to the “Spotlight.” I would love to be able to say that my batteries are fully charged having been on family “vacation” on a beach, but I did not get as much rest and relaxation as I was hoping for. I will have to chalk it up as a learning experience, but traveling (let alone parenting) with two young children — in the midst of a pandemic, no less — is.

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Stewarts Adds New Partner To International Arbitration Team

IP Law 360

Stewarts Law LLP has hired on a new partner and dispute resolution expert from Clyde & Co LLP to join its international arbitration practice in London, saying he has a broad background in commercial and investment treaty arbitration and will help grow the firm's Latin American client base.

Law 52
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[Audio] Podcast: The Briefing by the IP Law Blog - The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league.

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InterDigital posts strong quarter, but renewals with Apple and Samsung loom

IAM Magazine

“We are already in active negotiations,” CEO Liren Chen revealed during an earnings call where InterDigital reported $101.3 million in quarterly revenue, a 23% year-on-year increase.

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Shanghai partner Helen Tang talks China dispute resolution ahead of London International Disputes Week 2022

Herbert Smith Freehills

Shanghai partner Helen Tang will speak at a London International Disputes Week (LIDW) 2022 event examining the challenges and opportunities of East Asia’s evolving dispute resolution ecosystem on 9 May. The session will cover a range of topics include navigating Belt and Road disputes; the introduction of adjudication in Hong Kong; and the potential cost of meeting zero-carbon commitments in Asia.

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A Deeper Dive into the FTC’s Proposed Changes to the Telemarketing Sales Rule and the Continued Interest in Negative Option Programs

LexBlog IP

At last week’s public Federal Trade Commission (FTC) meeting , the commissioners unanimously voted for possible changes to the Telemarketing Sales Rule (TSR). Given the intense interest in FTC rulemaking and the important role the TSR plays in FTC enforcement , we thought this warranted a closer look. First off, this is a very different rulemaking process than what we have been discussing recently.

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WilmerHale Brings In Gibson Dunn Technology Litigator In SF

IP Law 360

WilmerHale has added to its San Francisco office with a Gibson Dunn & Crutcher LLP technology litigator, the firm announced Thursday.

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Order in Hermes v Rothshild (METABIRKINS) Denying Motion to Dismiss

LexBlog IP

Text of order in Hermes v Rothschild denying motion to dismiss (opinion to issue in due course): hermes v rothschild order denying prelim. Defendants memo in support of Mtd. Complaint in Hermes v Rothschild.

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IP rights can also protect public health and safety

Managing IP

Bar?? Kalayc?

IP 97
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Patents peripheral to Twitter’s success, but know-how absolutely crucial

IAM Magazine

Elon Musk will have to make certain that IP vital to the company’s future cannot just walk out the door.

IP 52
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China Attacks Efforts To Exclude It From WTO's IP Waiver

IP Law 360

Chinese delegates used Friday's World Trade Organization meeting over waiving patent protections covering COVID-19 vaccines to attack a footnote in a proposed deal that could be used to exclude China from taking advantage of the waiver.

IP 40
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Patents peripheral to Twitter’s success, but know-how absolutely crucial

IAM Magazine

Elon Musk will have to make certain that IP vital to the company’s future cannot just walk out the door.

IP 52
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State Farm Counsel Sanctioned In Sherwin-Williams Suit

IP Law 360

State Farm's counsel in a product liability case against Sherwin-Williams was sanctioned and held in civil contempt by a Pennsylvania federal judge on Friday for twice publicly listing components of the secret formula for a Sherwin-Williams product on the docket.

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[Video] The Briefing by the IP Law Blog: The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league.