Thu.Apr 21, 2022

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3 Count: Shared Passwords

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Netflix Warns of Crackdown on Password Sharing. First off today, Wilson Wong and Rob Wile at NBC News reports that that Netflix has announced that it will be launching a global crackdown on password sharing that could impact as many as 100 million households. The announcement follows news that Netflix lost subscribers for the first time in 10 years, shedding over 200,000 of its over 221 million users.

Music 185
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The Curious Question of Who Is An “Any Person” Part 2: Where’s The Data?

SpicyIP

Image from here : This two part series looks at a case from late 2020, dealing with pre-grant oppositions. The first part questioned the relevance of educational and professional qualifications of pre-grant opposition filers, in context of the literal and contextual interpretation of ‘any person’ in the existing legislation requiring an expansive reading.

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Spanish Pirate Site Operator Gets Two-Year Prison Sentence, Mother Walks Free

TorrentFreak

There has never been any shortage of Spanish-focused piracy sites. Roughly a decade ago these sites could operate relatively freely, but law enforcement has become more active recently, in part backed by new legislation. By now it’s clear that running a pirate site is not without risk. And running five pirate sites at once is even more problematic, as Miguel TG found out the hard way.

Reporting 122
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Actions of USPTO Officials Performing the Director’s Functions and Duties During Director Vacancy are Void

IP Watchdog

Under the U.S. Constitution’s Appointments Clause, “Officers of the United States” generally are required to be nominated by the President “by and with the Advice and Consent of the Senate.” This rule applies equally to the Director of the U.S. Patent and Trademark Office (USPTO), who has an important executive role with political accountability and therefore, by statute, must be Presidentially-Appointed and Senate-Confirmed (PAS).

Designs 119
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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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MPA Wins Piracy Battle, US Court Orders PrimeWire to Shut Down

TorrentFreak

Last December, Paramount, Universal, Warner, Columbia, Disney and Netflix sued PrimeWire , one of the most recognizable pirate streaming sites of the last decade. To stop PrimeWire from offering links to a massive library of movies and TV shows, the plaintiffs obtained a preliminary injunction that required PrimeWire to stop infringing their copyrights.

Copyright 120
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Jump Rope Systems Asks CAFC for Initial En Banc Rehearing Challenging Collateral Estoppel Ruling in XY v. Trans Ova Genetics

IP Watchdog

On April 19, exercise equipment developer Jump Rope Systems filed a petition with the U.S. Court of Appeals for the Federal Circuit (CAFC) seeking an initial hearing en banc to challenge a consent judgment entered in a patent infringement case filed in the Southern District of Ohio. Jump Rope Systems is asking the full Federal Circuit to overturn its own decision in XY, LLC v.

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[Sponsored] LexisNexis to Celebrate World IP Day with Daily Webinars

SpicyIP

We’re pleased to inform you that LexisNexis will be conducting daily webinars from April 25 to April 29 to celebrate the upcoming World IP Day. For details, please see their announcement below: LexisNexis to Celebrate World IP Day with Daily Webinars. As a forward-thinking organization, the role IP plays in fostering fair and responsible innovation for all—and how it cultivates the spirit of innovation in the next generation—are key topics for our team at LexisNexis Intellectual Property S

IP 105
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Apple Inc. v. Zipit Wireless, Inc. (Fed. Cir. 2022)

JD Supra Law

Personal jurisdiction is one of those basic concepts in civil procedure that evokes strong memories in most lawyers, of their first year in law school, cases like International Shoe, Burger King, Helicopteros, and World-Wide Volkswagen, and perhaps even a bit of painful nostalgia for a time when they were maybe a little overwhelmed by the process of learning the law.

Law 99
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Alice is Alive and Well!

The IP Law Blog

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

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Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse

JD Supra Law

Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property.

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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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6 Barriers to AI Adoption

IP.com

By 2030, AI is expected to contribute $15.7 trillion to the global economy. By this time, the majority of companies (70%) will have adopted at least one type of AI. The post 6 Barriers to AI Adoption appeared first on IP.com - IP Innovation and Analytics.

IP 98
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Ukraine Intellectual Property Deadlines and Russia Patent Protections

JD Supra Law

As noted in our client alert on March 17, 2022, Cooley continues to monitor the ever-changing situation in Russia and Ukraine following Russia’s invasion of Ukraine in February 2022. Provided below is updated information regarding recent intellectual property (IP) developments in Russia and Ukraine. (You can find additional information about financial sanctions and export control restrictions imposed on Russia and Belarus by the United States, the United Kingdom and the European Union in our.

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CCC to Host OA Innovations Webcast Series This Spring

Velocity of Content

As open scholarly publishing continues to undergo immense change, publishers are looking to each other to hear first-hand about sustainable approaches, program innovations, and tried-and-true practices.?. In the spirit of sharing knowledge with the Open Access publishing community, CCC will be hosting the OA Innovations Webcast Series. Throughout this spring series, CCC will welcome guests to explore critical success factors along their journeys and provide practical examples of improving the au

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TMT Bites Newsletter – 25th issue

JD Supra Law

Happy new “#AI” year! This 25th issue of our TMT Bites marks the first anniversary of the AI Act published on April 21, 2021 by the European Commission. We will thus focus on the AI legal, ethic, and economic implications that regulators, companies, and the public at large should carefully consider.

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Supreme Court Patent Law Outlook 2022

Patently-O

by Dennis Crouch. For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” Here is my list: SCTPatentCases. In addition, the Court has also not granted writ of certiorari in any pending cases.

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[Ongoing Program] The World Wide Web of Risk: Protecting Yourself in the Metaverse - May 5th, 12:00 pm - 12:30 pm PT

JD Supra Law

Join an interdisciplinary panel of Manatt professionals for the third of a three-part webinar series on the metaverse and the dawn of the Web3 era. While Parts One and Two of our series focused on the blockchain basics and opportunities in the metaverse, this program demystifies the various risks one encounters when engaging in a Web3 environment—particularly as they relate to intellectual property and privacy and data security.

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Arab American Heritage Month 2022: Stories That Matter

Copyright Alliance

According to the Arab American Institute, there are nearly 3.7 million Americans who have ancestry that can be traced back to an Arab country. A majority of Arab American community […]. The post Arab American Heritage Month 2022: Stories That Matter appeared first on Copyright Alliance.

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Bieber, Dan + Shay Accused Of Stealing For Their Hit Song

IP Law 360

Pop duo Dan + Shay's hit "10,000 Hours," featuring Justin Bieber, boldly rips off the melody and other core elements of a 40-year-old soul song, according to a copyright infringement lawsuit filed Thursday in California federal court.

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Art kerfuffle of the day

43(B)log

Stuart Semple has a well-publicized, highly entertaining feud with Anish Kapoor. According to the email I received, KAPOOR HAS FINALLY UNVELIED WHAT HE'S BEEN DOING WITH VANATABLACK THIS WHOLE TIME AND IT'S NOTHING BIG OR CLEVER! Hi Rebecca I always knew this day would come. A day where finally Anish Kapoor would show us all what he needed the exclusive rights over Vantablack for.

Art 59
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Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

IP Law 360

Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

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Part 2: The Key Steps for an Asset Purchase Transaction of an Amazon FBA Business

JD Supra Law

FBA business owners who have decided to enter into asset purchase agreements with a buyer, as outlined in Part 1 of our series, should understand the various levels of an asset purchase transaction and what will be needed in order to close the transaction.

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IP Forecast: 6th Circ. To Eye Seed Biz's $9M Trade Secret Win

IP Law 360

The Sixth Circuit will consider next week whether certain information on broccoli seeds can fall under trade secrets law when it hears the appeal of a dietary supplements brand that was ordered to pay a seed company more than $9 million after recruiting the outfit's research director. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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End of the Five Star Burnt Lasagne?

IP Tech Blog

The Competition and Markets Authority (CMA) published yesterday proposals to protect consumers from fake online reviews and to give full legal status to the CMA’s guidance published earlier this year regarding goods and services supplied via a subscription model. Under the proposals a new law would be implemented to make it “clearly illegal” to pay for the writing or hosting of fake online reviews with new powers for the CMA to fine businesses up-to 10% of global turnover (or £300,000 in the cas

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US Trade Rep Downplays Reports Of COVID IP Waiver Deal

IP Law 360

The U.S. Trade Representative said Thursday there's been no agreement by World Trade Organization members to waive global intellectual property rights for COVID-19 vaccines after reports surfaced last month that the four most influential members had reached a consensus.

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Patent Case Summaries - April 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 55
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UI/UX: Creative Hobby to Creative Career

Art Law Journal

Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. If you are a non-professional artist who is eager to turn your artistic talents into a career, you’ve come to the right place. Together, Artrepreneur and Creative Circle have put together this comprehensive article series to support budding artists in the early stages of their art careers.

Designs 52
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Relative Terms Sufficient for Reasonable Certainty

LexBlog IP

In Niazi Licensing Corp. v. St. Jude Med. S.C., Inc. , No. 21-1864 (Fed. Cir. Apr. 11, 2022), the Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed the district court’s holding that the claim terms “resilient” and “pliable” were indefinite. The Federal Circuit remanded the case to resolve the infringement issue and any remaining invalidity defenses.

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International Trade Commission Appoints 1st Black Judge

IP Law 360

A 10-year veteran of the U.S. Patent and Trademark Office roster of judges will make his move in the coming weeks to the U.S. International Trade Commission as an administrative law judge, marking the first time an African American will hold the position at the ITC.

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Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? It’s simple to recite, but tricky to apply. The test for design patent infringement involves a visual comparison between the patented design and the accused product. Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially similar to a patented design to the eye of an ordinary observer.

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Jury Clears NetScout Of Infringement In 1st Cyber Patent Trial

IP Law 360

A Texas federal jury on Thursday sided with NetScout Systems in the first of numerous patent infringement suits against tech companies brought by patent-holding company Longhorn HD, finding that NetScout didn't infringe a Longhorn patent covering a cybersecurity tool.

Patent 52
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Purple Book Updates

LexBlog IP

In 2021, the FDA’s Purple Book went live, providing a searchable database of licensed biological products , including the patent information provided to biosimilar applicants during the patent dance. Pursuant to a law enacted in late 2020, a reference product sponsor must now provide patent information to FDA for listing in the Purple Book once it has provided a patent list to a biosimilar applicant pursuant to Section 3(A) of the patent dance provisions of the BPCIA.

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One of Our “Favorite Things” Are Lawsuits About Stolen Secret Recipes

JD Supra Law

A Massachusetts waffle manufacturer, The Burgundian, recently filed a lawsuit alleging that a potential co-venturer, Eastern Standard Provisions, submitted its Liege waffles for inclusion on Oprah Winfrey’s annual “Favorite Things” list without giving credit to Burgundian. Then, after Burgundian refused to sell its secret waffle recipe, Eastern Standard employed a “bait and switch” by selling Liege waffles from a different company while touting Oprah’s endorsement of the Liege waffles made by.

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Taylor English Expands To Alabama With New Patent Partner

IP Law 360

The Atlanta-based Taylor English Duma LLP announced an expansion effort that includes its first venture in Alabama with the hiring of a Birmingham attorney, making it the 12th state where the firm has a presence.

Patent 52
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Terms of Degree Not Always Indefinite

JD Supra Law

The US Court of Appeals for the Federal Circuit overturned a district court determination that the claim terms “resilient” and “pliable” were indefinite. The Federal Circuit found that the claims, while broad, were sufficiently definite in view of both intrinsic and extrinsic evidence.

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An NDA Leads to the Loss of Trade Secrets, a Failed Deal and No Recourse

LexBlog IP

Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. Though there is no sure-fire solution to protecting a company’s trade secrets, if handled properly, there is legal recourse to help mitigate any loss and deter trade secret theft. A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm.