Fri.May 13, 2022

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Russia’s Forced Licensing Plan For ‘Enemy’ Content “Legalizes Piracy”

TorrentFreak

Since February 24, 2022, Russia’s troops have poured death and destruction on Ukraine. There are no obvious signs to suggest that the conflict will end anytime soon. Part of the early response from Ukraine’s allies was to impose sanctions on Russia, to weaken the country’s ability and will to wage war. Companies in many sectors suspended or terminated business in Russia, including prominent entertainment industry players.

Licensing 141
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Hyatt back to the Supreme Court: Special APA Procedures for the Patent Office?

Patently-O

by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).

Patent 133
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CAFC Clarifies Infringement Analysis and Vacates a Finding of Noninfringement for Hulu

IP Watchdog

On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc. infringed Sound View Innovations, Inc.’s patent for data streaming technology.

Patent 131
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Australian Court Overturns AI Inventorship Ruling

JD Supra Law

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act).

Inventor 122
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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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But you can never leave

Likelihood of Confusion

No. No!!! The Eagles are suing the owners of a Mexican hotel named Hotel California, claiming it’s capitalizing off the band’s hit song of the same name. The band filed. The post But you can never leave appeared first on LIKELIHOOD OF CONFUSION™.

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UK Considers How to Tackle Trend of Social Media Influencers Promoting Counterfeit Products

JD Supra Law

Following the success of the previous blog post “A Brief Overview of the Metaverse and the Legal Challenges It Will Present,” we are introducing a new feature for the Tech & Sourcing blog: “Future Watch.” Our Future Watch posts will focus on the most topical areas of the technology industry and will explore the associated legal challenges and potential future developments.

More Trending

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Music Vet Alan Parsons Gets $5M Jury Win In TM Row

IP Law 360

A Florida jury on Friday awarded Grammy Award-winning music veteran Alan Parsons nearly $5 million in damages upon finding that his former promoter fraudulently used Parsons' brand to promote shows even after they stopped working together.

Music 76
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Reimagining higher education in MENAP

McKinsey Operations

Stakeholders can consider a range of bold initiatives to transform higher education and create new opportunities for students in the Middle East, North Africa, and Pakistan.

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Risks Of Web Scraping Loosen In Wake Of 9th Circ. Ruling

IP Law 360

The Ninth Circuit's recent finding that harvesting data from public websites is likely not a federal crime will make it easier for entities to engage in the popular practice, but other key challenges to data "scraping" remain to be hashed out in civil litigation.

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Box’s Aaron Levie on navigating SaaS’ several stages of growth

McKinsey Operations

After nearly two decades leading the file-sharing company, its co-founder and CEO talks about how his understanding of value in enterprise software has evolved.

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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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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen major retailers file a competition claim against truck manufacturers, a convicted phone hacker take action against his legal team and Metro bank face a copyright battle over coin-counting software. Here, Law360 looks at these and other new claims in the U.K.

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How to stay cool as competition heats up in ice cream and yogurt

McKinsey Operations

Ice cream and yogurt industry leaders are rethinking innovation and consumer segmentation to keep pace in marketplaces changing faster than ever before.

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The Fastest Federal Trial Courts: A Look At Virginia, Florida

IP Law 360

The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

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Friday Fantasies

The IPKat

Friday is finally here - is there a better way to celebrate than by updating your schedule with the best IP events? Check the newest IP events and opportunities below! Events A Kat prepared for the weekend 24 May: The IPKat and Simmons & Simmons: Retromark: the Conference, London, UK. More tickets have been released for Retromark: the conference taking place from 2pm on Tuesday 24 May.

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Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time” Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here. Read more on the IP Law Blog, here.

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Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here. Read more on the IP Law Blog, here.

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Healthy Overlap Between PTAB And Trial Court Favors Denial

JD Supra Law

The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022). The denial was based on analyzing five of the six factors laid out in Fintiv in light of parallel proceedings related to the same patent.

Patent 52
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Defending the Freedom to Read

Velocity of Content

Publishers, authors, and bookseller groups have joined the Unite Against Book Bans campaign. The American Library Association this week announced that more than 25 major organizations, including a host of publishers and author and bookseller groups, have joined its Unite Against Book Bans campaign, an effort to help communities defend the freedom to read.

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[Audio] Podcast: The Briefing by the IP Law Blog - Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”.

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This week in IP: Coke chemist jailed, JPO invites SEP comments, and more

Managing IP

Peru adopts EPO system; Moderna says sue government; Appian awarded $2bn in trade secrets case; US senator threatens Disney copyright; Vidal announces examiner training; USPTO reveals pro bono awards

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Sports & Entertainment Spotlight: Nickelodeon is Set to Broadcast a National Football League Game on Christmas Day, and Formula 1 Racing Continues its Rise to Popularity

JD Supra Law

Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak up all that Seattle has to offer (not the least of which being raindrops) for our firm’s retreat. Amidst that backdrop comes news of the National Collegiate Athletic Association’s Division I Board of Directors’ seemingly returning from its retreat and offering “guidance”.

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OM Weekly Digest 12/05/22

Olartemoure Blog

12/05/22 – Trademarks. The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 of the Madrid Protocol. The individual fees will increase by between 2-6 Swiss Francs for subsequent applications or appointments of International Trademark Registrations, and between 2-3 Swiss Francs for renovations. .

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Is Jerry West’s Potential Lawsuit Against HBO Over His Portrayal in the Lakers Docudrama “Winning Time” a Jump Ball?

JD Supra Law

Last month, HBO released its new drama series Winning Time: The Rise of the Lakers Dynasty – based on the book Showtime: Magic, Kareem, Riley and the Los Angeles Lakers Dynasty of the 1980s by Jeff Pearlman.

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In Light of Third-Party Use of "CLOVER," TTAB Reverses Two Section 2(d) Refusals of CLOVER CLUB Marks For Restaurant Services, But Affirms Two

The TTABlog

In a 47-page opinion discussing many third-party uses of CLOVER and CLOVER-formative marks, the Board affirmed two and reversed two Section 2(d) refusals of Loew's Hotel's applications to register four marks for ""Bar and restaurant services, namely, providing cocktails and small dishes in an outdoor lounge setting attached to a high-end hotel." The Board found confusion likely between the cited mark CLOVER for restaurant and bar services, and Loew's standard character mark CLOVER CLUB and its s

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Urheberrechtsreform 2021 Teil 4: Verantwort­lich­keit der Dienste­anbie­ter nach dem UrhDaG

JD Supra Law

Mit dem Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) wird ein völlig neues Haftungsregime in Deutschland etabliert. In diesem Beitrag werfen wir nun einen näheren Blick auf die Voraussetzungen, unter denen Diensteanbieter künftig für Urheberrechtsverletzungen auf ihren Plattformen haftbar gemacht werden können.

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Case Analysis of NATCO v. Bayer

IP and Legal Filings

Compulsory licensing is a highly debated question of the hour in the context of the pandemic. The tussle between supporting the creator’s innovation and the social welfare still prevails. The present case deals with the compulsory license awarded to a domestic generic pharmaceutical private company, Natco, for the manufacture and sale of the kidney cancer drug Nexavar, patented by Bayer Corporation in India.

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Weshalb Kreative in Kunst und rechtliche Absicherung investieren sollten

JD Supra Law

Rechtsanwalt Henning Fangmann hat dem Filmverband Sachsen ein Interview zu den Fallstricken von Verträgen für Kreative in der Filmbranche gegeben, darin thematisiert er Risiken für RegisseurInnen, Kamerafrauen und AutorInnen, die sich auf Verhandlungen ohne Rechtsberatung mit erfahrenen Produktionsfirmen einlassen sowie über strukturelle Ungleichgewichte für Kreative in der Filmbranche.

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Appellate Jurisdiction over Mixed IPR Questions

Patently-O

by Dennis Crouch. The Federal Circuit’s new decision in Atlanta Gas Light Co. v. Bennett Regulator Guards, Inc. ( Fed. Cir. 2022 ) denies appellate jurisdiction over a case where the PTAB decision involves a wholistic judgment involving non-appealable issues (time-bar vacatur of institution) and appealable issues (sanctions award). Judge Newman dissented.

Patent 56
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Tips for developing an efficient worldwide trademark application filing strategy

JD Supra Law

So you’re launching a new product line worldwide. Or maybe you’re rebranding a division of your global business. Or perhaps you’ve recently conducted an audit of your trademark portfolio and noticed several gaps in coverage.

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Partnering for health equity: ALJ Health’s Akram Bouchenaki

McKinsey Operations

The CEO of Abdul Latif Jameel Health explains why health equity is essential—now more than ever.

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Kattison Avenue | Issue 8 - Spring 2022

JD Supra Law

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. Please see full Newsletter below for more information.

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Time to cash in on bargain buyback deals, say China TM counsel

Managing IP

Even as bad-faith filers drop their prices, brand owners need to be wary of a stringent assignment process that might yet make the buyback process difficult

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Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority

JD Supra Law

To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337 litigation. These differences offer both promise and peril for complainants.

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Time to cash in on bargain buyback deals, says China TM counsel

Managing IP

Even as bad-faith filers drop their prices, brand owners need to be wary of a stringent assignment process that might yet make the buyback process difficult

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4 Key Takeaways: The Modern Innovative License: Creative Monetization Strategies for Your Brands

JD Supra Law

On May 2, 2022, Marc Lieberstein, a Brand Licensing and Franchising Partner at Kilpatrick Townsend moderated a panel at the International Trademark Association (INTA) 2022 Annual Meeting titled: “The Modern Innovative License: Creative Monetization Strategies for Your Brands.” Joining Marc on the panel were: Jessica Cardon, General Counsel, YMF Carpets, Inc.; Alan Kravetz, CEO, Full Sail IP Partners; Tom Lingard, Partner, Stevens & Bolton LLP; and Sanjana Sharma, Associate General Counsel, U