Wed.Apr 06, 2022

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3 Count: Shape of Victory

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran Wins Shape of You Copyright Case and Hits Out at ‘Baseless’ Claims. First off today, the BBC reports that Ed Sheeran has emerged victorious in his lawsuit over the song Shape of You after a judge ruled that his song was not an infringement. The lawsuit was filed by Sami Chokri, who claimed that Shape of You was an infringement of his earlier song Oh Why.

Music 189
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Sky Tries to Remove ‘Pirate’ IPTV App “CucoTV” from GitHub

TorrentFreak

With 70 million users and over 200 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host visually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. While most projects are perfectly legitimate, there are some that attract negative attention.

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Trending Sources

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EPO Board of Appeal maintains functional epitope antibody genus claim (T 1964/18)

The IPKat

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Functional and epitope antibody claims can capture a whole class ("genus") of antibody therapeutics, whereas sequence claim language captures a far narrower field molecules. A recent Board of Appeal decision confirmed that genus antibody claims are not only allowable, but when put to the test, can survive appeal ( T 1964/18 ).

Art 130
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CAFC Says District Court’s Claim Construction Rendered Dependent Claims ‘Meaningless’

IP Watchdog

On April 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Littelfuse, Inc. v. Mersen USA EP Corp. clarifying how U.S. district courts handling claim construction are to construe a patent’s independent claims in light of limitations included in dependent claims. While the Federal Circuit found that the District of Massachusetts was correct to give meaning to the term “fastening stem” by looking to uses of “fastening” and “stem” within the patent, the a

Patent 124
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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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How LaLiga’s Anti-Piracy Tools Led To Two More Pirate IPTV Arrests

TorrentFreak

Sports leagues and their TV broadcasting partners all over Europe are working hard to combat the supply and sale of pirate IPTV subscriptions. Available for just a few euros, pounds or dollars per month, pirate IPTV subscriptions allow users to watch all the live TV content they’ll ever need, plus PPV events, movies and TV shows in one convenient package.

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New Dawn: Confirmation of Undersecretary Vidal Presents Opportunities to Expand Diversity Initiatives

IP Watchdog

My congratulations to Kathi Vidal of Winston & Strawn on her confirmation as the new Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) and her new role as advisor to the President and the administration on intellectual property matters. Undersecretary Vidal’s credentials are beyond merely impressive.

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Priorities: The IP Community Has Its Say on What Should Top Vidal’s To Do List

IP Watchdog

With Kathi Vidal now confirmed as the next Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), IPWatchdog reached out to stakeholders for their take on what she should prioritize on her first days in office. As you might imagine, the responses varied widely, from taking quick action on policy-side issues to spending some time just listening to her staff.

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Sound Trademarks and their Registration in India

Kashishipr

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection. Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration.

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Regeneron’s Disclaimer of Aflibercept Formulation Patent Causes PTAB Denial of Institution of Celltrion PGR

JD Supra Law

On March 15, 2022, the Patent Trial and Appeal Board (PTAB) denied institution of post-grant review (PGR) proceedings initiated by Celltrion Inc. concerning Regeneron Pharmaceutical’s U.S. Patent No. 10,857,231 (the ’231 Patent) after Regeneron disclaimed the patent. The ’231 patent has claims directed to formulations of aflibercept, the active ingredient in Regeneron’s product Eylea, which is indicated for treatment of age-related macular degeneration and other ophthalmic disorders. .

Patent 102
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Taking Aim at Sharing News Online: Bill C-18 and the Government’s Misguided Requirement to Mandate Payment for Internet Linking

Michael Geist

Hours after the Canadian men’s soccer team officially qualified for the World Cup last month, Canadian Heritage Minister Pablo Rodriguez took to Facebook to celebrate the win. The Rodriguez post included a link to a La Presse article on the game (the same link I’ve just posted). Visitors that click on the link are taken to the newspaper’s website, shown a series of ads, offered some encouragement to subscribe, and presented with a series of widgets they can use to also post the

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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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Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Traverse Legal Blog

This is a story of an NFT project which got off to a great start but was built on a weak foundation by the game and NFT company Animoca Brands , which brands itself as “Driving digital property rights via NFTs and gaming to build the open metaverse.” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game.

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Brazil and France sign PPH and IP cooperation agreements

IAM Magazine

Keen to build on the success of its PPH programmes, Brazil has signed a memorandum of understanding with France that aims to facilitate technical cooperation in intellectual property.

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Updates on AI Inventorship: New Zealand, the EPO, and the UK allow an Artificial Intelligence (AI) machine to be listed as a Joint Inventor along with at least one Human Inventor

LexBlog IP

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. A detailed chart, with country-by-country decisions, can be found here: Can an Artificial Intelligence (AI) be an Inventor?

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Sheeran Shows The Shape Of UK IP Law In Copyright Case

IP Law 360

Ed Sheeran's triumph Wednesday over allegations that he plagiarized part of a chart-topping track demonstrates the difficulties musicians face to convince the English courts that their compositions have been copied when a claim turns on notes and very few chords, attorneys say.

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CCC Wins Multiple Content Marketing Awards

Velocity of Content

CCC is proud to be recognized for our Velocity of Content blog and podcast in the “Branded Blog” and Branded Podcast” categories as part of PR Daily’s Content Marketing Awards. Additionally, the host of our Velocity of Content podcast, CCC’s Christopher Kenneally , was among six recipients of the “Content Marketer of the Year” honor. PR Daily’s Content Marketing Awards celebrates the best work from organizations, agencies and independent consultants.

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The Power of Process Patents at the International Trade Commission

JD Supra Law

The U.S. International Trade Commission (ITC) has a long reach over proprietary processes performed in foreign countries. Owners of patents covering, for example, methods for making a chemical material used to make other end products, may find that U.S. district courts are not entirely suitable venues for enforcing those patented rights against competitors that manufacture products entirely outside the United States.

Patent 96
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Huawei sketches out need for balanced royalty rates in patent business manifesto

IAM Magazine

Briefing delivered to company founder makes clear the organisation is shifting out of a defensive-minded strategy but also lays out case against royalty maximalism.

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Year’s ‘Best’ Inventions Show the Breadth of Today’s Creators and Speed to Marketplace – For Some

IP Close Up

From the drawing board to the marketplace, a broad range of imaginative new inventions are reaching people faster and wider. Amazingly, many of TIME magazine’s best inventions Continue reading.

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Addressing Problematic Drinking In The Legal Profession

IP Law 360

To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

Law 75
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Managing IP Asia-Pacific Awards 2022: shortlists announced

Managing IP

The winners of the Managing IP Asia-Pacific Awards will be revealed on June 1

IP 97
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Bob Dylan Beats Co-Writer's Appeal Over $300M Catalog Sale

IP Law 360

A New York appeals court on Tuesday upheld the dismissal of a suit brought against Bob Dylan by the estate of a former collaborator that sought a cut of the $300 million the Rock and Roll Hall of Fame inductee received when he sold his catalog to Universal Music in 2020.

Music 75
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The Sedona Conference Publishes “Commentary on Protecting Trade Secrets throughout the Employment Life Cycle”

Trading Secrets

The Sedona Conference’s working group on trade secrets has published the WG12 Commentary on Protecting Trade Secrets throughout the Employment Life Cycle. This publication focuses on the inherent potential tensions in the employer-employee relationship, when it comes to trade secret: Trade secrets cannot exist without the work of employees, cannot be protected without the efforts of employees, and would rarely be compromised or lost without the conduct of employees.

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NFT Suits May Blaze New Trail For Trademark Law

IP Law 360

New York federal judges who are overseeing Nike's suit against resale marketplace StockX and Hermes' case against a Los Angeles designer are on track to be the first to decide whether nonfungible tokens can infringe trademarks for physical goods.

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European Patent Office Updates Procedure for Issuing Grant Certificates

JD Supra Law

As of 1 April 2022, the European Patent Office (EPO) has changed its policy regarding the issuance of electronic certificates of grant for European patents. If the patent proprietor or their representative has an activated electronic mailbox for receiving electronic mail directly from the EPO, grant certificates will be issued electronically and can be downloaded from the mailbox. .

Patent 55
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Intel, Media Cos. Tell DC Circ. DMCA Doesn't Hurt Free Speech

IP Law 360

Intel, along with major industry groups in entertainment and media, are urging the D.C. Circuit to uphold a lower court ruling that digital copyright law blocking the circumvention of technical locks on copyrighted works doesn't violate free speech.

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PTAB Denies Joinder Motion Filed More One Month After PGR Institution

JD Supra Law

Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b).While the Patent Trial and Appeal Board (“PTAB”) does have some discretion to waive the one-month joinder period, there must be special circumstances for the PTAB to do so.

Patent 55
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PCT Patent Application in India

Intepat

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. PCT has been administered by WIPO (World Intellectual Property Organization). As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). The PCT patent application has two phases: namely, International and National.

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Construction That Eliminates Entire Scope of Dependent Claims Should Be Avoided

JD Supra Law

LITTELFUSE, INC. v. MERSEN USA EP CORP. Before Prost, Bryson, and Stoll. Appeal from the U.S. District Court for the District of Massachusetts. Summary: The Federal Circuit vacated a claim construction that violated the doctrine of claim differentiation by eliminating the scope of several dependent claims.

55
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PCT Patent Application in India

Intepat

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. PCT has been administered by WIPO (World Intellectual Property Organization). As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). The PCT patent application has two phases: namely, International and National.

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How standards and SEPs can help the move to a post-carbon economy

IAM Magazine

The advances of the latest technology standards can be leveraged to help mitigate the pressing issue of climate change. Standards generations such as 5G and WiFi 6 can help to track and identify our carbon footprint and help us lower energy usage and emissions.

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Regeneron’s Disclaimer of Aflibercept Formulation Patent Causes PTAB Denial of Institution of Celltrion PGR

LexBlog IP

On March 15, 2022, the Patent Trial and Appeal Board (PTAB) denied institution of post-grant review (PGR) proceedings initiated by Celltrion Inc. concerning Regeneron Pharmaceutical’s U.S. Patent No. 10,857,231 (the ’231 Patent) after Regeneron disclaimed the patent. The ’231 patent has claims directed to formulations of aflibercept, the active ingredient in Regeneron’s product Eylea, which is indicated for treatment of age-related macular degeneration and other ophthalmi

Patent 52
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Supreme People's Court issues new interpretation of the Anti-Unfair Competition Law

IAM Magazine

A judicial interpretation of the Anti-Unfair Competition Law has now become effective, raising questions about the principle of fairness and how this should be understood, highlighting the inherent tension between IP protection and unfair competition.

Law 52
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USPTO Extends Its Pilot Program for Expedited Review of COVID-19-Associated Patent Applications

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) has extended its pilot program for expedited review of COVID-19-associated patent applications to 30 June 2022. This is the third extension of the COVID-19 Prioritized Examination Pilot Program (the Program), which is designed to expedite examination of products and processes tied to Covid-19.

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The lessons Big Tech can learn from pharma on inventor diversity

IAM Magazine

IAM’s Diversity 100 is a listing of the entities with the greatest proportion of female inventors named on US patent grants maintained between 1 January 2010 and 1 January 2022. It is dominated by life sciences companies and is a timely reminder of the importance of targeted and early recruitment, as well as inclusion programmes that genuinely promote parity.

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ITC Monthly Wrap-Up: March 2022

JD Supra Law

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court: (1) the form of relief (injunctive relief; not monetary damages), and (2) the domestic industry requirement per 19 U.S.C. § 1337 (“Section 1337”).