Wed.Apr 13, 2022

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Plagiarism in Pop Culture: Saturday Night Live

Plagiarism Today

Saturday Night Live (SNL) is a long-running late-night comedy sketch show. First airing in October 1975, the show has racked up some 962 episodes and 47 seasons as of writing. . The show has become something of a cornerstone in American culture. It was how many famous comedians broke out onto the national stage, and many of its characters, segments and events are among the most widely recognized in the world.

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Leahy/ Tillis Announce Bill to Balance PTAB Process

IP Watchdog

Last night, the Chairman and the Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property published an op-ed in The Hill on the important role the Patent Trial and Appeal Board (PTAB) plays in the U.S. patent ecosystem, and expressed their commitment to strong patent rights as a necessity for American innovation to flourish. “In order to ensure America’s continued dominance in all areas of innovation, we must have strong patent rights,” Senator Patrick Leahy (D-VT) and Senato

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3 Count: Post-Post Malone

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Post Malone’s Bid to Dismiss ‘Circles’ Suit Before Trial ‘Doesn’t Work’ for Judge. First off today, Nancy Dillon at Rolling Stone reports that Post Malone has lost a bid to have a lawsuit against him tossed, with the judge strongly indicating that the case is heading toward a May 17th trial date.

Branding 174
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Money, Media, Votes, and Passing H.R. 5874

IP Watchdog

All things in Washington are driven by money, media and votes. If you can deliver one or more of those things, you will get the results you want. Engaging in politics with this in mind is key to fixing the broken patent system by passing HR 5874, the Restoring American Leadership in Innovation Act (RALIA). Since no mortal can compete with Big Tech’s big bucks and their control of social media, and the media in general, the only lever remaining is delivering votes back home, or more importantly,

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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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Protection of Intellectual Property (IP) in the Metaverse

Kashishipr

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services. The dramatic rise in e-commerce in the last two decades saw many brand and business owners struggling to safeguard their Intellectual Property (IP) assets in cyberspace, starting from domain names and then going onto

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Examining the Circuit Split on Preliminary Injunctions in False Advertising Post-eBay

IP Watchdog

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. Among these ads and messages, some may be useful in building the public’s confidence and marketing effective products to consumers, but some may mislead and deceive desperate consumers into buying treatments and products without any scientific support.

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The Corporation as an Inventive Artificial Intelligence

Patently-O

Prof. Ryan Abbott has gathered an amazing group of scholars for his new book on AI and IP that is forthcoming later this year. Research Handbook on Intellectual Property and Artificial Intelligence (Edward Elgar Press, Forthcoming 2022) (R. Abbott, ed.). In general, the various chapters focus on various aspects of machine-based AI. My contribution takes a different tack and instead consider idea that modern corporations and other non-human entities are also a form of artificial intelligence.

Invention 111
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IP, Blockchain, and Digital Assets

JD Supra Law

In 2008, a still-unknown person or group going by the alias Satoshi Nakamoto introduced blockchain technology and the first cryptocurrency to the world. In 2020, the cryptocurrency market was valued at $1.49 billion. And, in early 2021, the artist Beeple shattered records when the digital art piece Everydays - The First 500 Days sold, as a non-fungible token (NFT), at Christie’s for a whopping $69 million in Ethereum cryptocurrency.

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Ratajkowski, Paparazzo Settle Instagram Photo Copyright Row

IP Law 360

A New York federal judge has agreed to close a copyright suit lodged against model Emily Ratajkowski over the use of a paparazzo's image of her on her Instagram account, saying Wednesday the parties had inked a deal.

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Jam Brands: Why Bands Should File for Federal Trademark Registration

JD Supra Law

Consumers do not associate the names Phish, Grateful Dead, and Moon Taxi with an animal, a scary movie, and a spaceship. Instead, these names likely recall the bands’ popular songs, albums, and memorable concerts.

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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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'Godzilla' Producers Must Face Mountain Monster IP Suit

IP Law 360

A California federal judge on Tuesday refused to dismiss a copyright infringement suit filed against producers behind the 2019 "Godzilla: King of the Monsters" film for allegedly ripping off media company Summit Kaiju's mountain monster Batholith, finding that the character is distinct, recognizable, and thus protectable.

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Most. Important. Copyright. Fair. Use. Case. Ever!

JD Supra Law

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari. It is no exaggeration to characterize Warhol Foundation as the most important fair use case to come before the Supreme Court since 1994, and more than reasonable to posit that.

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Garden State woes

Likelihood of Confusion

The TTAB denied the New Jersey Turnpike Authority’s likelihood of confusion claim against a pizza restaurant that mimics the Garden State Parkway sign [link] #trademarks pic.twitter.com/L4iwOZyCNA — Proof of Use. The post Garden State woes appeared first on LIKELIHOOD OF CONFUSION™.

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Intellectual Property in the Metaverse - Non-Fungible Tokens

JD Supra Law

Introduction - THE METAVERSE: A GENERAL OVERVIEW - Although it may seem that the Metaverse is a new catchphrase, which is further emphasised and made more popular in the technology space with the rebranding of Facebook as Meta, the original version of the Metaverse was created as far back as 2003 by Philip Rosedale and was called “Second Life”1 , a befitting name for an alternative universe or even better, an extension of our world as we know it.

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The Harm from Budget 2022’s Hidden Copyright Term Extension, Part Two: The Generational Loss of Access to Canadian History

Michael Geist

The decision to agree to a copyright term extension in the USMCA is harmful policy, made worse by the decision to bury plans for implementation in Finance Minister Chrystia Freeland’s Budget 2022. As a result, there will be a two decade moratorium on new works entering the public domain, creating an enormous negative impact on access to Canadian culture and history for a generation.

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What rights holders need to know about China’s high-level IP policy blueprint

IAM Magazine

Gowling WLG’s Jian Xu breaks down China’s plans to build a “powerful IP nation” and what this strong top-down signal means for policy and practice.

IP 98
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MEET THE BLOGGERS XVI Set for Monday, May 2nd, 8-10 PM at The Eleanor

The TTABlog

Widely recognized as the best non-INTA event at the INTA annual meeting, MEET THE BLOGGERS returns for its 16th edition on Monday night, May 2nd, from 8-10 PM at The Eleanor (website here ), located at 100 Florida Avenue NE in Washington, DC (across from the NoMa-Gallaudet Metro Station). Beer, wine, and other beverages, and light food will be provided.

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Populating Your Breakthrough Food Innovation Pipeline: 3 Types of Content You Might Be Missing

Velocity of Content

In the Food industry, predicting the future wants and needs for a breakthrough innovation is a research challenge that requires broad exploration and lead-following that can be tedious and time-consuming. Fundamentally, these initiatives fit in R&D, namely translating consumer wants and needs into material and process specifications. Although they are never random, breakthrough innovations don’t always know where they are going or what they will find.

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Dir. Vidal’s First Steps

Patently-O

Kathi Vidal is now the USPTO Director after being sworn-in by Federal Circuit Chief Judge Kimberly Moore. Congratulations! Dir. Vidal’s first press release is a call for dialogue on what needs to happen to advance the patent office and “to expand, protect, and commercialize U.S. innovation.” In addition to IP expansionist statements, the announcement also repeatedly adds caveats: “minimizing inappropriate opportunistic behavior … deterring abuses and gamesmanship.

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Netflix Sinks One Broadcom Patent Claim Under Alice

IP Law 360

A California federal judge tossed one of Broadcom Corp.'s asserted streaming patent claims in an infringement suit against Netflix Inc. on Wednesday, ruling that the patent's validity falls apart under the U.S. Supreme Court's Alice decision because it is directed at an abstract idea and lacks an inventive concept.

Patent 75
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Learning Graphic Design: 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 in graphic design, 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.

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Justices' Ruling On Inadvertent Error Excuse May Be Limited

IP Law 360

The U.S. Supreme Court's recent ruling in Unicolors v. H&M that a lack of knowledge of fact or law can excuse an inaccuracy in a copyright registration should not lead litigants to assume that ignorance of the law is now forgivable in other contexts, says Jesse Jenike-Godshalk at Thompson Hine.

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IP transactions in life sciences in ASEAN countries: data export controls

IAM Magazine

While there are no blanket restrictions on transferring life sciences data outside of ASEAN countries, this must be carried out in compliance with all applicable data protection law or guidelines.

IP 52
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Vidal Sworn In At USPTO, Touting Innovation And Outreach

IP Law 360

Kathi Vidal was sworn in Wednesday as the new director of the U.S. Patent and Trademark Office, and she pledged to expand intellectual property outreach to historically underserved groups and promote U.S. innovation "while deterring abuses and gamesmanship.

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INPI issues update on protection terms for patents covering pharma and non-pharma claimed matter

IAM Magazine

Patents covering pharmaceutical and non-pharmaceutical related matter will be subject to two distinct terms of protection, according to the latest publication from INPI. Applicants should check whether any pending cases are affected by this change.

Patent 52
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IP Considerations for Source Code Acquisitions: Measure Twice and Cut Once

LexBlog IP

Are you or your company expecting to spend a considerable sum anytime soon on computer software? If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase. Companies often acquire computer software without much concern — other than the price/cost of the product. This can be a risky approach.

IP 52
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UK Court of Appeal rules on the rights of licensees to bring patent infringement claims

JD Supra Law

The UK Court of Appeal has issued its judgment in one of the latest hearings in Neurim Pharmaceuticals v Generics (UK) relating to Neurim’s insomnia drug, Circadin. The Court of Appeal ruled that an exclusive licensee has standing to bring patent infringement claims even where the scope of its exclusivity is limited.

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FDA Accepts Regeneron and Sanofi’s DUPIXENT (Dupilumab) sBLA for Priority Review

LexBlog IP

Last week, Regeneron Pharmaceuticals, Inc. and Sanofi announced that the FDA has accepted a Priority Review of the supplemental Biologics License Application (sBLA) for DUPIXENT (dupilumab) 300 mg weekly to treat patients aged 12 years and older with eosinophilic esophagitis (EoE). EoE is a chronic, immune-mediated, atopic inflammatory condition of the esophagus.

Designs 52
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Niazi’s Patent Survives on Appeal: Federal Circuit Reverses In Part Lower Court’s Decision

JD Supra Law

On April 11, 2022, Niazi Licensing Corporation (“Niazi”) succeeded in part in its appeal at the Federal Circuit in Niazi Licensing Corporation v. St. Jude Medical S.C. Inc. Niazi’s lawsuit alleged that St. Jude Medical S.C. Inc.’s (“St. Jude”) CPS telescoping catheter system infringed U.S. Patent No. 6,638,268, entitled “Catheter to Cannulate the Coronary Sinus” (the “‘268 patent”).

Patent 52
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Veteran Arbitration Lawyer Ing Loong Yang Joins Akin Gump

IP Law 360

Ing Loong Yang, a preeminent arbitration attorney in Hong Kong, has joined Akin Gump Strauss Hauer & Feld LLP as a partner in the BigLaw firm's international disputes and investigations practice, according to the company.

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PTAB Allows Supplemental Information Request To Fly

JD Supra Law

Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not requested within one month of the date of institution, the burden to introduce the information is even higher—the movant must also “show why the supplemental information reasonably could not have been obtained earlier, and that consideration of the supplemental information.

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Undisclosed Information and Patents

IP and Legal Filings

The exclusive rights that the Intellectual Property Rights provides to an inventor and a creator in consideration for the efforts being taken by them so that they could reap commercial benefits out of their work, substantiates the importance of IP. Giving due importance to the intellectual labour associated with the innovation is what makes the process of innovation a continuous cycle.

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Last Week In The Federal Circuit (April 4 - 8): Claim Differentiation Carries The Day

JD Supra Law

Last week was argument week at the Federal Circuit, and we’ve already begun seeing decisions from the argued cases trickle in. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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IP transactions in life sciences in ASEAN countries: data export controls

IAM Magazine

While there are no blanket restrictions on transferring life sciences data outside of ASEAN countries, this must be carried out in compliance with all applicable data protection law or guidelines.

IP 52
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Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel

JD Supra Law

In two related inter partes review proceedings, the Patent Trial and Appeal Board granted a petitioner’s motion to exclude the declaration of an inventor because the patent owner failed to make him available for cross-examination in the IPR. In making its decision, the PTAB determined that an “examination” of the inventor in Korea—by the petitioner’s separate litigation counsel—was not a suitable replacement for cross-examination by its IPR counsel.