Fri.Oct 21, 2022

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EU Opinion: Streaming Services Are Not Liable for VPN ‘Pirates’

TorrentFreak

VPN services are a useful tools for protecting internet users’ online privacy. They can also help to bypass geographical restrictions. The latter can be helpful if people want to access a streaming service’s content library in another country. While this often runs contrary to most streaming companies’ terms of service, it’s common practice among so-called ‘VPN pirates’ This type of unauthorized access is at the center of a case currently before the EU Court of Just

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Gucci or CUGGL? The Japan Patent Office dismisses trademark infringement claims by Gucci

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

Trademark 104
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The Titanium Economy: An introduction

McKinsey Operations

Meet the US industrial-technology companies that are driving innovation and sustainable and inclusive growth.

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NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark

JD Supra Law

An interesting trademark dispute has arisen between Dallas Mavericks phenom Luka Doncic and his mother over the trademark LUKA DONCIC 7, which is currently owned by Doncic’s mother. I can’t imagine this is the first time there has been a familial dispute over trademark rights, but I can definitely say this is the first time that I personally have ever seen a mother and son feuding over such things.

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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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Tech at the edge: Trends reshaping the future of IT and business

McKinsey Operations

With technological change accelerating, companies need to make four fundamental shifts.

Business 145
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Is an Autonomous Vehicle Patent War Revving Up?

JD Supra Law

Autonomous vehicles are paving the way as the next big innovation in personal transportation. With new technology, first comes the excitement of breakthroughs in any industry. Then comes the patent litigation arguments over who owns the technology and who can profit off the patents related to the technology. We are seeing this pattern again and perhaps the beginning of the self-driving cars patent wars.

Patent 98

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Brushstroke Envy: Why You Should Trademark your NFT

JD Supra Law

A few weeks ago, an Ohio federal jury found that Goodyear Tire stole a European inventor’s ideas related to tires that can self-inflate, and awarded the inventor $61.2 million in punitive damages and $2.8 million compensatory damages for Goodyear’s theft of the inventor’s trade secrets.

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EBA hints at accepting "lack of implausibility" standard for inventive step (G2/21)

The IPKat

The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in G2/21 on plausibility. The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. The non-binding preliminary opinion offers a glimpse into what the EBA is thinking prior to oral proceedings. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect suppo

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Common Diligence Issues for Startup and Emerging Technology Companies

JD Supra Law

As an emerging or startup technology company seeking funding, your focus is likely on your product - it is the core of your business. That being said, how you protect your technology and set up the company that owns it can be just as critical as the technology itself.

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Identifying opportunities and starting to build a new green business in the industrial sector

McKinsey Operations

As climate change intensifies, industrial companies will need a new approach for developing sustainable products and services.

Business 103
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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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The UPC announces its judicial appointments and elections to the Praesidium

The IPKat

The leafy premises of the Bundespatentgericht, to be shared by the Central division of the UPC in Munich Earlier this week, the Unified Patent Court (UPC) took a step closer towards fruition with the announcement of its judicial appointments and composition of its Praesidium. A total of 85 judges, comprising of 34 legally qualified judges and 51 technically qualified judges, appointed per field of technology, are to take up their duties as of the entry into force of the UPC Agreement.

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Disaster recovery: Lessons from around the world

McKinsey Operations

Our analysis charts a path from disaster to recovery by identifying the building blocks of six successful recoveries from around the world.

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A “Giddy Gratitude” at Frankfurt Book Fair

Velocity of Content

Publishers, editors, agents, and authors from across the globe once again have traveled in mid-October to Frankfurt, Germany for the annual Frankfurt Book Fair. The 2022 multi-hall show is the first fully in-person, post-pandemic show since 2019. “As my colleague John Maher reported, despite a list of global troubles—the ongoing Covid-19 pandemic, war in Ukraine, protests in Iran, worldwide supply chain issues and skyrocketing inflation—the prevailing mood at Frankfurt is a giddy gratitude,” say

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Author Talks: Global business is coming home, says Financial Times editor Rana Foroohar

McKinsey Operations

The age of globalization is ending, to be replaced by an era of localized business that will keep operations more sustainable and linked to national interest, says financial journalist Rana Foroohar.

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Must Read by @ebakerwhite: TikTok Parent ByteDance Planned To Use TikTok To Monitor The Physical Location Of Specific American Citizens — Artist Rights Watch

The Trichordist

Emily Baker White warns of the harms from TIkTok we identified 2 years ago coming home to roost.

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US holiday shopping 2022: ’Tis the season to be (cautiously) optimistic

McKinsey Operations

Despite continued economic uncertainty, US shoppers are looking forward to spending for the holidays. Retailers that offer good value will come out on top.

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Alsup Kills Patent Licensing Co.'s Suit Against Meta

IP Law 360

A Dutch patent licensing company's legal crusade against yet another tech giant has come to an end in front of U.S. District Judge William Alsup, who flipped a favorable claim construction ruling the company won in Texas against Meta Platforms Inc. and torpedoed the lawsuit a few weeks ahead of a scheduled trial.

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Blackmail at the USPTO? Director Issues Decision Regarding Inter Partes Review Related to High-Stakes Patent Litigation

JD Supra Law

Patent practitioners are familiar with Inter Partes Review (IPR), a common adversarial proceeding between a patent owner and a third party concerning patentability of an issued United States Patent conducted by the Patent Trial and Appeal Board (PTAB). What is not common, however, is the USPTO Director sanctioning the third-party patent challenger on allegations of extortion and attorney professional misconduct.

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Grasping Social Media Ad Regulations: Influencer Contracts

IP Law 360

The Federal Trade Commission's focus on deceptive social media ads and lax disclosure rules will change how companies collaborate with influencers — so contracts need to call out expectations and set parameters so that both sides comply with the proposed revisions to the FTC's endorsement guides, say Diego Gutiérrez and Steven Winters at Lane Powell.

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TTAB Reverses Another Specimen Refusal: On Fourth Try, Webpage Specimen Suffices for CAPSIMOPS for Downloadable Software

The TTABlog

The Board reversed a refusal to register the mark CAPSIMOPS for "Downloadable computer software for application and database integration in the educational field," finding that Applicant Capsim's fourth specimen of use displayed the mark with a description of the goods at a point of purchase where the consumer is given sufficient information and the means to consummate a purchase.

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Johnny Depp Fights With Folklorist Over 'Hobo' Poetry

IP Law 360

Johnny Depp asked a New York federal court on Friday to find the song he cut earlier this year with blues guitarist Jeff Beck did not infringe an 86-year-old folklorist and SUNY Buffalo professor's copyrights in a poem called "Hobo Ben," claiming the professor had no ownership rights to the poem and is engaging in "an old-fashioned shakedown.

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Other Barks and Bites for Friday, October 21: Senators Push Biden to Protect Vaccine IP, Thaler Shot Down Again at CAFC and UPC Confirms 85 Judges

IP Watchdog

This week in Other Barks & Bites: Congress members urge the Biden Administration to protect vaccine IP; the CAFC once again denies an inventor’s push to list an artificial intelligence (AI) machine as a sole inventor on a patent; Microsoft receives a favorable ruling in patent infringement battle; a U.S. Patent and Trademark Office (USPTO) report finds the number of women patent applicants is growing across the country; and legislation passes Congress to stimulate young people’s participati

IP 59
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Prince’s Purple Reign Lives On

LexBlog IP

When you hear “PURPLE RAIN,” what’s the first thing that comes to your mind? An iconic album …. A genre-defining film … The late musical genius from Minnesota…. In a precedential decision, NPG Records, LLC and Paisley Park Enterprises, LLC v. JHO Intellectual Property Holdings LLC , 2022 USPQ2d 770 (TTAB 2022) ( link ), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s [i] motion for partial summary judgment against a third-party application for PURPLE RAIN.

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[Webinar] The Request and Utilization of the PPH in China’s IP Practice - October 27th, 10:00 pm - 11:00 pm ET

JD Supra Law

PPH, literally the Patent Prosecution Highway, is a procedure to facilitate the prosecutions in a national phase. The prosecutions can be accelerated, based on the allowed claims from the office of first filing. Or for short, by PPH the applicant may use the allowance from one country as the basis for accelerating the prosecutions in another country.

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Prince’s Purple Reign Lives On

DuetsBlog

When you hear “PURPLE RAIN,” what’s the first thing that comes to your mind? An iconic album …. A genre-defining film …. The late musical genius from Minnesota…. In a precedential decision, NPG Records, LLC and Paisley Park Enterprises, LLC v. JHO Intellectual Property Holdings LLC , 2022 USPQ2d 770 (TTAB 2022) ( link ), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s [i] motion for partial summary judgment against a third-party application for PURPLE RAIN.

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NPE Showcase – Foothills IP

JD Supra Law

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Foothills IP.

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Venue Analysis Following 1st Chinese Patent Office Rulings

IP Law 360

The China National Intellectual Property Administration recently issued its first set of patent rulings, showing that companies facing potential patent disputes in China can bring cases in various venues, and that the merits of each should be considered carefully, say attorneys at Covington.

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OpenSky – Director Finds Abuse Of Process

JD Supra Law

In OpenSky Industries, LLC v. VLSI Technology LLC, Under Secretary of Commerce for Intellectual Property, Katherine Vidal, issued a precedential decision regarding OpenSky’s violation of the Director’s express order and ultimately issued sanctions limiting OpenSky’s ability to participate in the IPR. The Director concluded that OpenSky “engaged in discovery misconduct by failing to comply” with orders for “interrogatories and Mandatory Discovery”, and “abused the IPR process by filing the IPR.

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IP Hires: Winston & Strawn, Reed Smith, Haley Guiliano

IP Law 360

Winston & Strawn LLP has brought on a litigator with experience in intellectual property and trade secrets disputes to its Dallas office, and a former Willkie Farr & Gallagher LLP partner with more than a decade of experience in trademark law has joined Reed Smith LLP. Here are the details on these and other notable hires.

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Patent Case Summaries - October 2022 #2

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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Guarantor Cannot Enjoy ‘Right of Subrogation’ Even After CIRP Against Principal Debtor Gets Concluded

IP and Legal Filings

Introduction- The case in question refers to the petition filed by the State Bank of India ( hereinafter referred to as Financial Creditor ) seeking an order for the initiation of the insolvency proceedings against Sri Ghanshyam Surajbali Kurmi who is the Personal Guarantor of Apex Drugs Limited ( Principal/Corporate Debtor ). The petition has been filed under Section 95(1) of Insolvency and Bankruptcy Code, 2016 read along with Rule 7(2) of the Personal Guarantors Insolvency Rules, 2019.

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eBay appeal: The gang’$ all here

Likelihood of Confusion

Eric Krangel reports that Amazon and Google join in on the Tiffany v. eBay appeal: It’s not hard to see where the interest is coming from: A ruling against eBay. The post eBay appeal: The gang’$ all here appeared first on LIKELIHOOD OF CONFUSION™.

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Some Interesting Cases Applying the Rule Against Direct Contact with Persons “Represented by Counsel” in a Matter

Patently-O

by David Hricik, Mercer Law School. Giving a talk in Austin and thought I’d share a couple of interesting results I’ll be speaking about later today. Rule 4.2 in most states prohibits, without consent of opposing counsel, communications about a matter with a person represented by counsel in that matter. (This applies even if opposing counsel is present, as discussed below.).

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Big Tech urges major changes to USPTO examiner guidance on Section 101

IAM Magazine

Concerns that the advice leads examiners to issue ineligible patents has parallels with a statement Kathi Vidal made before directorship

Patent 52
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Biosimilars Licensing Agreement Updates

LexBlog IP

Earlier this week, Biocon Biologics Ltd. announced that it has entered into a strategic out-licensing agreement with Yoshindo Inc. to commercialize ustekinumab and denosumab biosimilars for the Japanese market. Pursuant to the agreement, Yoshindo gets exclusive commercialization rights for the biosimilars in Japan, with an estimated market opportunity of $700 million.