Fri.Dec 03, 2021

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Youtube Ripper Strikes Back at the RIAA in DMCA ‘Circumvention’ Lawsuit

TorrentFreak

Popular stream-ripping site Yout.com has fought legal disputes around the world , with mixed results. Most recently the site and its operator Johnathan Nader became the target of a criminal prosecution in Brazil , which resulted in the site being blocked. Yout.com vs. RIAA. Meanwhile, in the United States, Yout is also engaged in a legal dispute that could potentially eclipse all previous rulings.

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Mechanisms, Governance, and Policy Impact of SEP Determination Approaches

IP Watchdog

Standard Essential Patents (SEPs) are on the rise; the number of newly declared patents per year has almost tripled over the past five years. There were 17,623 new declared patent families in 2020, compared to 6,457 in 2015 (see Figure 1). The 5G standard alone counts over 150,000 declared patents since 2015. Similarly, litigation around SEPs has increased.

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What is a Method of Medical Treatment?

IPilogue

David Park is a 3L J.D. Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. As part of the course requirements, students were asked to write a blog on a topic of their choice. In Canada, methods of medical treatment are unpatentable subject matter. This prohibition originated from an old provision of the Patent Act (Section 41) interpreted by the Supreme Court of Canada in Tennessee Eastman.

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Ramey & Schwaller is Seeking a Litigation Attorney

IP Watchdog

Ramey & Schwaller is looking for a litigation attorney with 3-5 years of litigation experience in federal court. The full-time, permanent position, located in Houston, TX, will be handling cases from cradle to grave. This is a fun, very active position with immediate exposure to all aspects of patent litigation.

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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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Where in the World Is ‘Joe’s’ Blood?

JD Supra Law

Cell and gene therapy is revolutionizing healthcare. But its efficacy relies on good old-fashioned supply chain management. Good luck with that. Take a seat, Joe. We’re going to draw a vial of your blood and ship it to the lab for gene splicing. We expect to have it back here in the office in exactly seven days and we'll re-inject it then. That should cure your cancer.

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Legalist Accused Of Stealing Legal Database's Trade Secrets

IP Law 360

Leopard Solutions is claiming litigation finance company Legalist Inc. stole "enormous swaths" of the legal database's proprietary content through a free trial subscription period to make its own set of data.

More Trending

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How One Man Used a Pun as a Springboard for a Successful Business

Legal Zoom

Who says business needs to be serious? For one entrepreneur and his family, business is all about fun and games.

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High Court TransUnion Ruling May Enhance PTAB Autonomy

JD Supra Law

Although the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is not related to either patent or administrative law, its effects on constitutional standing are broad-reaching and may insulate the Patent Trial and Appeal Board against challenges to its autonomy or bolster its existing autonomy, independent of any potential changes to Chevron deference.

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

IP Law 360

This past week in London has seen Nintendo take on U.K. internet providers, collapsed TV company Arena take on its directors, and major fashion brands chase MasterCard for swipe fees. Here, Law360 looks at those and other new claims in the U.K.

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Federal Court of Appeal dismisses appeal, upholds strict interpretation of patent listing deadline for KEYTRUDA formulation patent

JD Supra Law

The Federal Court of Appeal (FCA) dismissed an appeal by Merck from a decision of the Federal Court. dismissing Merck’s application for judicial review of Health Canada’s refusal to add Canadian Patent No. 2,830,806 (806 Patent) to the Patent Register: Merck Canada Inc v Canada (Health), 2021 FCA 224. The 806 Patent was issued on May 12, 2020, and contains claims directed to a formulation of Merck’s KEYTRUDA, a biologic drug containing pembrolizumab.

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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DISH Network Wins $4.4M In Pirated Content Suit

IP Law 360

A New York federal judge has awarded DISH Network LLC more than $4.4 million in the satellite pay-TV giant's lawsuit accusing two companies of illegally streaming content exclusively licensed to DISH for distribution.

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Changes to Trademark Procedures at the USPTO

JD Supra Law

In the waning days of 2020 and in the heights of the COVID-19 pandemic, Congress passed the Trademark Modernization Act. It directed the United States Patent and Trademark Office (USPTO) to change certain procedures in important ways, with aims of speeding up the initial application process as well as the clearing out of unused or overly broad (i.e. often foreign-based) registrations.

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Disney, Netflix, WB Slam 2 Video Sites Over Streaming Piracy

IP Law 360

Disney Enterprises, Warner Bros. Entertainment, Netflix and other entertainment powerhouses accused two streaming websites of selling pirated access to their biggest movies and television shows, such as "Harry Potter" movies and "The Office," according to a lawsuit filed Thursday in California federal court.

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The Federal Circuit’s “Sharp Tongue” When it Comes to Bad Attorney Behavior

JD Supra Law

“Sticks and stones may break my bones … but [sharp] words [from the Federal Circuit] will make me wish I never went to law school.” The judges of the Federal Circuit understandably become frustrated when attorneys misrepresent facts, make frivolous arguments, and, of course, when they engage in fraudulent conduct. While the Federal Rules of Civil Procedure provide various ways for a Court to sanction attorneys for improper conduct, sometimes the Court prefers to just include a good, harsh.

Law 88
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UK Regulator Issues New Guidance on In-Game Advertising

IP Tech Blog

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Several platforms urgently need to change their game mechanics to comply with new rules. Virtual currency is staple fodder in the world of gaming in order to purchase more “lifes”, items of assistance or time to complete a level. Now, increasingly, game developers are also providing opportunities for players to reach into their real world wallet and purchase virtual currency.

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Now Available! 2022 Edition of 50 State Non-Compete Desktop Reference

Trading Secrets

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting point to answer your questions about restrictive covenants and protecting your company’s most valuable a

Editing 64
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MarkIt to Market® - November 2021: Watching the Pot™

JD Supra Law

ITC to Determine if Importing of Oil-Vape Cartridges to Go Up in Smoke - The ITC recently initiated an investigation into whether 38 manufacturers' imports of oil-vape cartridges used to smoke cannabis and THC infringe a series of utility and design patents held by Shenzhen Smoore Technology Limited. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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TTABlog Test: How Did These Three Section 2(d) Oppositions Come Out?

The TTABlog

A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. I kid you not! Let's see how you do with the three cases summarized below. Answer(s) in the first comment. MG Financial, LLC v. Kiran Sureshbhai Shah , Oppositions Nos. 91250240 and 91250316 (November 15, 2021) [not precedential] (Opinion by Judge Christen M.

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Patent Case Summaries - November 2021 #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. Indivior UK Limited v. Dr. Reddy’s Laboratories S.A., et al., Nos. 2020-2073, -2142 (Fed. Cir. (PTAB) Nov. 24, 2021). Opinion by Lourie, joined by Dyk.

Patent 55
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Brand Protection and Fighting Fakes Online

LexBlog IP

The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics.

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What’s mine is not yours. FinTech guide to relevant intellectual property and dispute avoidance (UK)

JD Supra Law

In the competitive world of FinTech, developing an effective Intellectual Property (IP) strategy early on is key. We have developed the Hogan Lovells IP FinTech Guide to assist you with key questions on this essential consideration in the United Kingdom. There are four main issues that should be considered when developing an effective FinTech IP strategy.

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Caltech Sues Samsung After $1B Apple Patent Win

IP Law 360

The California Institute of Technology went to Texas federal court Friday with a new lawsuit that says Samsung's Galaxy smartphones infringe the same patents that a California jury said Apple Inc. and its supplier Broadcom Inc. infringed to the tune of over $1.1 billion in damages.

Patent 52
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An Effective Way to Protect Confidential Information

JD Supra Law

A recent California Court of Appeals decision found nominal damages could be awarded for an employee’s breach of a non-disclosure agreement (“NDA”), even if no actual harm was done to the employer. An award of nominal damages for breach of an NDA may be important for companies seeking to protect confidential information and trade secrets for two reasons: (1) this may give rise to an award of litigation costs, and (2) may also support a permanent injunction ruling preventing the former employee.

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Jack in the Box Pops a Spring Over Mascot Trademark Dilution

The IP Law Blog

In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and Cryptocurrency Marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs. Listen to the podcast version of this episode on your favorite platform or online, here. Watch this episode on the Weintraub YouTube channel, here.

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PTAB Strategies and Insights - November 2021: USPTO Lowers Hurdle for LEAP Participation

JD Supra Law

As we discussed in a previous newsletter, the Legal Experience and Advancement Program (LEAP) is a tremendous success for the PTAB, practitioners, and clients alike. In a little over 18 months, less experienced advocates—those with three or fewer substantive oral arguments in a federal tribunal and seven or fewer years of experience as a licensed attorney or agent—completed over 83 LEAP arguments before PTAB judges.

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Jack in the Box Pops a Spring Over Mascot Trademark Dilution

LexBlog IP

In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and Cryptocurrency Marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs. Listen to the podcast version of this episode on your favorite platform or online, here. Watch this episode on the Weintraub YouTube channel, here.

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The Impact Of Prior Claim Constructions Since The Ptab Adopted The Same Claim Construction Standard As Other Courts

JD Supra Law

In 2018, the Patent Trial and Appeal Board aligned its claim construction standard in post-grant proceedings with the standard applied by the federal courts and the International Trade Commission. Greater consistency was the goal, but since the realignment, questions have surfaced about how to deal with terms previously construed by other courts under the same standard.

Patent 52
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Now Available! 2022 Edition of 50 State Non-Compete Desktop Reference

LexBlog IP

Seyfarth’s Trade Secrets, Computer Fraud & Non-Competes practice group is pleased to provide the 2022 edition of our 50 State Desktop Reference, which surveys the most-asked questions related to restrictive covenants and trade secrets in all 50 states, plus the District of Columbia. For the company executive, in-house counsel, or HR professional, we hope this guide will provide a starting point to answer your questions about restrictive covenants and protecting your company’s mos

Editing 52
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DABUS & AUKUS: A Tale of Three Approaches to the Question of Whether an Invention Created by a Machine Using Artificial Intelligence is Patentable

JD Supra Law

A number of countries have now issued decisions on whether a patent can be granted to Dr. Stephen Thaler for an invention made by a machine named DABUS. In response to a request by the United Kingdom Intellectual Property Office to name the inventor of the invention and indicate the derivation of his right to be granted a patent Dr.

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Famous names on famous dames

Likelihood of Confusion

Oscars after-party thoughts: Did you ever wonder about just how far someone can go “knocking off” a famous designer gown? Counterfeit Chic twirls around some elegant ideas. Originally posted 2013-04-29. The post Famous names on famous dames appeared first on LIKELIHOOD OF CONFUSION™.

Designs 52
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[Audio] Podcast - The Briefing from the IP Law Blog: Jack in the Box Pops a Spring Over Mascot Trademark Dilution

JD Supra Law

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and Cryptocurrency Marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs.

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UK Regulator Issues New Guidance on In-Game Advertising

LexBlog IP

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Several platforms urgently need to change their game mechanics to comply with new rules. Virtual currency is staple fodder in the world of gaming in order to purchase more “lifes”, items of assistance or time to complete a level.

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Cecilia Ngu

Herbert Smith Freehills

Profile Picture : First Name : Cecilia. Last Name : Ngu. Job Title : Solicitor. Phone Number : +61 2 9225 5296 +61 2 9225 5296. Email : Email cecilia.ngu@hsf.com.

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Getting around clearance conflicts: six in-house share top tips

Managing IP

Sources at Birkenstock Americas, Clif Bar and four other brands reveal what they do when their teams really want to use terms that conflict with other marks

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Fox Rothschild Snares Buchalter IP Specialist In LA

IP Law 360

Fox Rothschild LLP has grabbed an intellectual property specialist from Buchalter PC to join the firm's Los Angeles office as a partner.