Thu.Sep 01, 2022

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3 Count: Unlive PD

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: A&E Sues Reelz Over Alleged ‘Live PD’ Knockoff ‘On Patrol: Live’. First off today, Winston Cho at The Hollywood Reporter reports that A&E Television Networks has filed a lawsuit against Reels over the latter channel’s new hit series On Patrol: Live. According to the lawsuit, A&E presented the program Live PD between 2016 and 2020.

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August 2022 Roundup of Copyright News

Copyright Alliance

Here is a quick snapshot of several copyright-related activities that occurred during the month of August and a few events to look forward to for the month of September. Copyright […]. The post August 2022 Roundup of Copyright News appeared first on Copyright Alliance.

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“Identity theft is not a joke, Jim!” – Trademark battle over “Dunder Mifflin”

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. NBC Universal has filed a lawsuit against Jay Kennette Media Group (“JKMG”), an entertainment company over the latter’s registration of the mark “Dunder Mifflin.” As “The Office” fans know, Dunder Mifflin is the name of the fictitious company prominently featured in the show.

Trademark 106
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Moderna Sues Pfizer and BioNTech over mRNA Vaccine Technology

JD Supra Law

On Friday, August 26th, Moderna Tx, Inc. and Moderna US, Inc. filed a complaint for patent infringement in Federal district court for the District of Massachusetts against Pfizer, Inc., BioNTech SE, BioNTech Manufacturing GmbH, and BioNTech US, Inc. (A parallel suit was filed in Germany asserting Moderna's corresponding German patents.) There are several interesting aspects to this complaint, and perhaps of even greater interest has been the reaction to the filing in light of Moderna's earlier

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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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The Southern District of NY Catches Bieber Fever and Denies Injunction

The IP Law Blog

Hailey Bieber recently founded her own line of skincare products under the trade name Rhode, which is her middle name. Unfortunately, her latest venture was not warmly received by everyone. The founders of the fashion line RHODE almost immediately filed a trademark infringement lawsuit against Mrs. Bieber in the United States District Court for the Southern District of New York.

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Just Humor Them: Jests, Jokes, Satire, and Parody In Infringement and Defamation Cases

JD Supra Law

I thought of that story, and the unique power humor has, literally and legally, to disarm many who might otherwise complain over any number of legal issues and perceived slights. For even though, as one writer noted, some “legal textbook[s like] Gatley on Libel and Slander [are ones where] neither ‘joke’ nor ‘humour’ makes the index” because “[w]ords are defamatory, or they are not” and “intention is irrelevant,” humor remains at the forefront of any codex of responses available to claim of.

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Patent Poetry: A T-Shirt and Shorts: A Trademark Tale

JD Supra Law

Where can you sue for trademark infringement? Two recent cases involving leisure wear show that it depends on which Circuit you’re in. The first case is Brothers and Sisters in Christ, LLC v. Zazzle, Inc.

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9th Circ. Backs Receiver In Warner Music, UMG Copyright Suit

IP Law 360

The Ninth Circuit has affirmed a lower court's refusal to discharge the receiver executing a $1.2 million judgment in Warner Music's copyright suit against a radio station owner over unlicensed music, ruling that terminating the receivership could put creditors at risk or leave the receiver without compensation.

Music 98
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PTO Can and Should Use Alice/Mayo Framework to Assess Eligibility

JD Supra Law

Addressing a challenge of the Alice/Mayo framework in the context of the Administrative Procedure Act (APA) and the Fifth Amendment’s due process clause, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision finding that patent claims directed to analyzing social security benefit applications were patent ineligible under 35 U.S.C. § 101.

Patent 98
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Citing Pot's Illegality, Co. Seeks Quick Win In Patent Row

IP Law 360

Cannabis company Coastal Harvest LLC told a California federal judge Wednesday that a patent infringement suit brought against it should be tossed because of marijuana's federal illegality.

Patent 96
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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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Federal Court of Appeal upholds invalidity of fampridine patent

JD Supra Law

The Federal Court of Appeal (FCA) dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court. dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations): Biogen Canada Inc v Pharmascience Inc, 2022 FCA 143. The Federal Court had found Canadian Patent No. 2,562,277 (277 Patent) invalid but would have been infringed by Taro’s proposed fampridine product (Biogen’s FAMPYRA).

Patent 98
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Happy 9th Birthday, AllAboutLean.com

Christopher Roser

Yet another year has passed. AllAboutLean.com is now nine years old! I never though I would keep it up for so long, but your support and encouragement for my writing keeps me motivated. Many thanks! I am looking forward to writing many more years on the topic of lean. I also have more books planned. Read more. The post Happy 9th Birthday, AllAboutLean.com first appeared on AllAboutLean.com.

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The DMCA: How to Take Down Infringing Cyber Content

JD Supra Law

If you have a small business, few things can be as frustrating as seeing another business take your creative content (i.e., product descriptions, photos, names, and so forth) and re-post them as its own. You worked hard building up your company’s brand, product image, and value proposition. How can you stop a competitor from just copying all your hard work?

Copying 97
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A more resilient supply chain from optimized operations planning

McKinsey Operations

To combat greater complexity and prepare for rapid demand shifts, resilient companies can integrate prescriptive analytics into their supply chain planning.

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MarkIt to Market® - August 2022

JD Supra Law

Thank you for reading the August 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a Show Cause Order recently issued by the USPTO to combat thousands of fraudulent trademark applications. We also provide an update on a new gTLD Sunrise Period. In this issue: - Show Cause Showdown for Fraudulent Filers at the USPTO - gTLD Sunrise Period Now Open: August 2022 Please see full Publication below for more information.

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Harnessing volatility: Technology transformation in oil and gas

McKinsey Operations

Digital technologies can help oil and gas CEOs and leaders cut costs, boost output, and reduce carbon emissions. Here are five big ideas to make them work at scale.

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Tribunal Burden – Nike v. Adidas

Patently-O

Nike, Inc. v. Adidas AG & Kathi Vidal , 21-1903 ( Fed. Cir. 2022 ). This ongoing dispute between the two athletic apparel companies has been ongoing since Adidas filed its IPR petition back in in 2012. IPR2013-00067. The decade is explainable procedurally–this is the third appeal in the case. The appeals have all centered on Nike’s proposed substitute claims.

Patent 73
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RJ Reynolds Wants Early Trial Win In Battle Over Vape Patents

IP Law 360

R.J. Reynolds asked a North Carolina federal judge Thursday for a midtrial end to a rival tobacco products maker's infringement claims, saying testimony has shown it didn't rip off patents for a hugely successful pod-style vape.

Patent 76
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Is LegalZoom a Good Way to Create a Living Trust?

Legal Zoom

LegalZoom has helped more than 100,000 people protect their families with a living trust. Having one helps communicate your wishes so your loved ones aren't left guessing or dealing with the courts.

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9th Circ. Revives Japanese Adult Entertainment Co.'s IP Suit

IP Law 360

The Ninth Circuit has issued a precedential opinion reviving a Japanese adult entertainment company's copyright lawsuit against the owner of a Hong Kong video-hosting website, finding that the lower court had jurisdiction to hear the case.

IP 75
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TTAB Posts September 2022 Hearing Schedule: Six Virtual and Two In-Person Hearings

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled eight (8) oral hearings for the month of September 2022. The second and fourth hearings listed below will be held in person; the rest will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. September 7, 2022 - 11 AM: Dutch Bros., LLC v.

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Disney Settles Screenwriters' Claim It Stole 'Pirates' IP

IP Law 360

The Walt Disney Co. has settled a 5-year-old copyright infringement suit filed in Los Angeles federal court by screenwriters who alleged the entertainment giant's billion-dollar blockbuster "Pirates of the Caribbean" film franchise copied their ideas, according to a minute order issued Thursday.

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Can a LegalZoom Will Work for Me?

Legal Zoom

Creating your will through LegalZoom provides you with a state-specific, personalized document that ensures your wishes are carried out. Writing a will is simple and inexpensive with LegalZoom's options.

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Envisioning Metaverse-Based Litigation In The Real World

IP Law 360

Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say attorneys at Keystone Strategy.

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Motion for Additional Discovery Based on Unraised Arguments Denied

JD Supra Law

The Patent Trial and Appeal Board (“PTAB”) recently denied a Petitioner’s Motion for Additional Discovery. Scientific Design Co., Inc. v. Shell Oil Co., IPR2021-01537, Paper 18 (PTAB Aug. 12, 2022). In an inter partes review (“IPR”), a party seeking additional discovery beyond what is expressly permitted by rule must do so by motion and must show that additional discovery is “necessary in the interest of justice.” 35 U.S.C. § 316 (a)(5); see 37 C.F.R. § 42.51 (b)(2)(i).

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Del. Jury Says Shopify Owes $40M For Infringing Website IP

IP Law 360

A Delaware federal jury has found that Shopify Inc. should pay $40 million for infringing patents for website generation owned by Express Mobile Inc.

IP 75
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Patent Case Summaries - August 2022 #3

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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Businesses Urge Commerce To Coordinate CHIPS Act Rollout

IP Law 360

U.S. businesses urged the U.S. Department of Commerce to work closely with existing technology hubs and institutions as it figures out how to use the $52 billion set aside by Congress to boost domestic semiconductor production, according to a report released Thursday.

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IPR Estoppel Applies to Claim Not Addressed During Pre-SAS Proceeding

JD Supra Law

In the companion district court case to the Supreme Court’s 2019 Thryv v. Click-to-Call decision regarding the scope of review for inter partes review (IPR) decisions, the US Court of Appeals for the Federal Circuit addressed what it characterized as “a rather unusual set of circumstances” to find that the accused infringer was estopped from challenging in district court the validity of a claim for which the Patent Trial & Appeal Board (Board) had refused to institute IPR.

Patent 52
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Judge Axes 1 Tyvaso Patent, Finds Another Was Infringed

IP Law 360

A Delaware federal judge has invalidated one of United Therapeutics' drug patents for hypertension drug Tyvaso for lack of enablement, but also held that rival Liquidia's planned generic infringes a different Tyvaso patent despite an administrative tribunal's earlier decision to ax it.

Patent 52
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The Southern District of NY Catches Bieber Fever and Denies Injunction

LexBlog IP

Hailey Bieber recently founded her own line of skincare products under the trade name Rhode, which is her middle name. Unfortunately, her latest venture was not warmly received by everyone. The founders of the fashion line RHODE almost immediately filed a trademark infringement lawsuit against Mrs. Bieber in the United States District Court for the Southern District of New York.

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VPX CEO Says Super Creatine Best Supplement Ever 'By Far'

IP Law 360

Vital Pharmaceuticals Inc. CEO Jack Owoc spent a combative day on the witness stand Thursday in California federal court refuting false advertising claims brought by Monster Energy Co., insisting no studies are needed on the "super creatine" ingredient in the company's Bang energy drink while standing by his claims about its health and muscle-building benefits.

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Chief Financial Officer Daniel Lasman Authors Article for CFO Tech Outlook: “Corporate Performance Management: What I Learned From The Pandemic”

Fish & Richardson Trademark & Copyright Thoughts

Daniel Lasman , chief financial officer at Fish & Richardson, wrote an article for CFO Tech Outlook examining some key strategies from a management perspective that helped to sustain the firm’s success during the COVID-19 pandemic. Read the full article at CFO Tech Outlook.

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The dangers of patent counting to assess technology leadership

IAM Magazine

Former USPTO Director Andrei Iancu warns that the US is facing “a new Sputnik moment”, but he and others at an online event caution against reading too much into raw numbers

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What is Total Compliance, and Do you Need it from LegalZoom?

Legal Zoom

Many small businesses let compliance slip through the crack, which can have major consequences. Learn how LegalZoom can help you stay compliant and save you major headaches.