Tue.Jul 13, 2021

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3 Count: Fining Google

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Google Fined €500m by France’s Antitrust Watchdog Over Copyright. First off today, Reuters reports that France’s anti-trust watch dog has fined Google €500 million ($591 million) for failing to conduct talks with the country’s news publishers and secure rights under a new European Union (EU) law.

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Court of Appeal grapples with US v UK confidentiality in Autostore v Ocado without prejudice discussions

The IPKat

Two paws for Autostore, one tail (not pictured) for Ocado Last week the Court of Appeal upheld a decision of His Honour Judge Hacon in Autostore v Ocado [2021] EWCA Civ 1003 where he refused an injunction to stop the use of materials in the US by AutoStores where Ocado contended that such use was in breach of confidentiality as part of confdiential and without prejudice discussions.

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50 Ways to Use Your Trademark

Erik K Pelton

Do you realize that your trademark can be used in many places and many ways? Erik shares more than 50 insightful ways to use, leverage, and strengthen your trademark in this episode. The post 50 Ways to Use Your Trademark appeared first on Erik M Pelton & Associates, PLLC. Do you realize that your trademark can be used in many places and many ways?

Trademark 100
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Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians

SpicyIP

Image from here. A recent article by Paul Sullivan in the New York Times reported on an interesting change occurring in the music industry due to the pandemic. With live performances practically being shut down due to the pandemic, musicians across the world lost a significant portion of their income stream. While online streaming was expected to be a substitute, it turned out to be abysmally low [You can read about how much musicians make through streaming services here and here ].

Business 122
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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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A Challenge, An Opportunity: The Music Industry and COVID

IPilogue

Photo Credit: Tai’s Captures ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . In music copyright news, producer and DJ iMarkkeyz informed Rolling Stone that his management is in talks with Cardi B’s in the wake of the success of his song, Coronavirus. The song features audio taken from one of Cardi B’s Instagram posts.

Music 106
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Serious Comparative Advertising: Broadening the Definition

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition. Sangita Sharma. In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values ar

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What Happens in Your Backyard Doesn’t Always Stay in Your Backyard

The IP Law Blog

Loud parties, surveillance cameras, and a neighbor dispute? The Court of Appeal for the Second Appellate District in California was recently faced with these issues in a case involving claims that one neighbor’s use of surveillance cameras violated the other neighbor’s right to privacy. The fact that one of the defendants was comedian, Kathy Griffin, only added to the case’s interest.

Privacy 98
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Automating Info Management & Discovery in Emerging Life Science Organizations – Part II

Velocity of Content

C onsidering C ompliance W hen A ccessing S cientific L iterature . This is the second in our series of blog posts on “Automating Information Management and Discovery,” taken from a recent panel discussion around the unique research and information challenges of emerging life science organizations. The session provided cross-functional insights from those working in varying roles within small biotech and life science organizations including compliance, technical writing, training and infor

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Appellate Hot Potato: Which Circuit Court Will Hear a ‘Walker Process’ Appeal?

IP Intelligence

In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal from a decision by the U.S. District Court for the Northern District of Texas regarding antitrust claims associated with enforcement of a patent found unenforceable due to inequitable conduct.

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Fish & Richardson Names Kristine McKinney Chief Operating Officer

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson has named Kristine McKinney to be its new chief operating officer. McKinney replaces current COO Richard J. Anderson , who served in the role for the past eight years and is stepping away as part of a planned succession. McKinney has been with Fish since 2016, previously serving as the firm’s first chief legal talent and inclusion officer.

Law 95
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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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Proving Printed Publications

Patently-O

Ex parte Zhang , Reexam No. 90/014,234, 2021 WL 633718 (PTAB). Folks continue to file anonymous ex parte reexaminations. Michael Piper of Conley Rose filed this one on behalf of an anonymous party challenging Zhang’s U.S. Design Patent No. D810,925 (“breast pump”). The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references.

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It Is Time to Air your Section 101 Patent Eligibility Grievances

JD Supra Law

Grab your aluminum pole because it's time for the airing of [patent eligibility] grievances. The U.S. Patent and Trademark Office (USPTO), at the request of Sens. Thom Tillis (R-Texas), Mazie Hirono (D-Hawaii), Tom Cotton (R-Ark.) and Chris Coons (D-Del.), is "undertaking a study on the current state of patent eligibility jurisprudence in the United States, and how the current jurisprudence has impacted investment and innovation.".

Patent 60
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Playing with privacy? Privacy and cybersecurity considerations in esports

LexBlog IP

This was originally published by Esports Insider on June 24, 2021. The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. Understanding these obligations is all the more important as esports continues to be a quickly growing international trend.

Privacy 59
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[Audio] Federal Appeals Court Hears Arguments on CAR T-Cell Therapy Patent Dispute

JD Supra Law

T-Cell Therapies offer enormous promise in the development of novel approaches to treating cancer. A federal appeals court recently heard arguments in a patent dispute between two companies that have emerged as leaders in CAR-T technology for new cancer treatments. Juno Therapeutics in 2020 won a $1 billion judgment against Gilead’s Kite Pharma in connection with alleged infringement of U.S.

Patent 56
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NFTs and Intellectual Property

LexBlog IP

Over the last several months, there have been dozens of news stories about cryptocurrencies, Blockchain, and the related technologies they have created. One item, in particular, has received an incredible amount of press—the NFT. Who has not heard of the $69 million price tag on Everydays – the First 5000 Days and other outlandish prices for digital art.

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Conference Report: UIC Law 12th Annual Ethics in the Practice of IP Law Seminar

The IPKat

In early June, the University of Illinois Chicago School of Law ’s Center for Intellectual Property, Information, and Privacy Law organized and hosted its 12th Annual Ethics in the Practice of IP Law virtual seminar. Over to Adam Ernette ( IP Law Fellow ) for a report of the session: "The Ethics in the Practice of IP Law seminar series is designed to address ethics and professionalism issues targeted at IP lawyers.

Law 76
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GI owners to keep watchful eye on Russian labelling law

Managing IP

Russia has seemingly paved the way for domestic producers to market ‘Russian champagne’ and ‘cognac of Russia’, but the law’s effects are unclear

Law 59
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Alvotech Announces Clinical Studies for Ustekinumab Biosimilar

LexBlog IP

On July 6, 2021 Alvotech announced the start of a comparative, confirmatory efficacy and safety clinical study comparing AVT04, Alvotech’s proposed ustekinumab biosimilar, to the reference product STELARA, in patients with moderate-to-severe chronic plaque psoriasis. The announcement states that the study is being conducted in five countries in Central and Eastern Europe and is expected to enroll about 530 patients.

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Half a decade of CONFUSION

Likelihood of Confusion

This week begins begins the sixth year of blogging at LIKELIHOOD OF CONFUSION®. LIKELIHOOD OF CONFUSION® has been recognized by a number of list-makers from time to time and, what. The post Half a decade of CONFUSION appeared first on LIKELIHOOD OF CONFUSION™.

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Washington Football Team Loses Trademark Bid For 'Washington Football Team'

LexBlog IP

A point often made, and worth repeating ad nauseum, is that it’s crucial to get your intellectual property affairs in order early, and to do so in a thorough, comprehensive manner. Scrambling after the fact to try and get whatever trademarks or copyrights or patents you need isn’t a good process, and rarely leads to good results. It’s all a bit reminiscent of doing an end-of-term paper in the two or three days before it was due and hoping for a generous grading curve from the p

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“You Can’t Challenge This (Unless)”—SCOTUS Upholds But Limits 140-Year-Old Doctrine Of Assignor Estoppel

JD Supra Law

The doctrine of assignor estoppel bars an inventor who assigns a patent to a third party from later arguing that the assigned patent is invalid. The Supreme Court has now upheld this doctrine but has limited its scope, holding that it applies only to explicit or implicit representations made by the assignor.

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Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

LexBlog IP

By: Michaela Cappucci. The commercial use of personal data—accumulated via digital streams, online searches and applications that capture an individual’s musical tastes and listening habits —drives the way music is commoditized, consumed and promoted. This data is used by (1) record labels to determine which artists to sign and which to drop, (2) music streaming services to deliver content to listeners , and (3) concert promoters to route artists’ concert tours.

Music 52
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Whether Obviousness Type Double Patenting Can Be Used to Invalidate Patents That Expire Later Because of Patent Term Adjustment

JD Supra Law

We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP) to invalidate a patent that was filed earlier but expires later because of a patent-term adjustment (PTA). Mitsubishi Tanabe Pharma Corp. v.

Patent 52
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Consultation Open for Australia’s Medical and Biotechnology Patent Box

LexBlog IP

On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021. Now is the opportunity for stakeholders to put forward their suggestions as to what a patent box in Australia should entail. Patent boxes typically refer to a concessional tax regime on intellectual property (IP) profits.

Patent 52
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Fun with Non-Fungibles: What Can NFTs Do for Me?

Chicago IP

On July 14, 2021 from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will host a panel discussion focusing on NFTs and some of the many questions revolved around non-fungible tokens. The panel is moderated by Alex Karana, Karana IP Law, LLC. Panel members include: Rumi Morales, Partner & Board Member, Outlier Ventures.

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What Happens in Your Backyard Doesn’t Always Stay in Your Backyard

LexBlog IP

Loud parties, surveillance cameras, and a neighbor dispute? The Court of Appeal for the Second Appellate District in California was recently faced with these issues in a case involving claims that one neighbor’s use of surveillance cameras violated the other neighbor’s right to privacy. The fact that one of the defendants was comedian, Kathy Griffin, only added to the case’s interest.

Privacy 52
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Two Prior Registrations and DuPont Factor 13 Save "ELDORADO RESORT CASINO RENO" From a Section 2(d) Refusal

The TTABlog

The USPTO refused to register the mark ELDORADO RESORT CASINO RENO (in standard characters) for “Bar services; Hotel services; Restaurant services; Resort hotel services,” finding confusion likely with six registered marks containing the term EL DORADO for overlapping services. On this appeal, the Board found the marks to be confusingly similar and the channels of trade and classes of consumers presumably identical.

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Fun with Non-Fungibles: What Can NFTs Do for Me?

LexBlog IP

On July 14, 2021 from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the Illinois Intellectual Property Alliance (“ILIPA”) will host a panel discussion focusing on NFTs and some of the many questions revolved around non-fungible tokens. The panel is moderated by Alex Karana, Karana IP Law, LLC.

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South Korea allows data exclusivity for pediatric drugs approved through foreign clinical trials

Managing IP

Min Son of Hanol IP & Law summarises the eligible drugs, the re-examination period and strategies available for companies

IP 52
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Appellate Hot Potato: Which Circuit Court Will Hear a ‘Walker Process’ Appeal?

LexBlog IP

In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal from a decision by the U.S. District Court for the Northern District of Texas regarding antitrust claims associated with enforcement of a patent found unenforceable due to inequitable conduct.

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Settlement with Verizon is latest indication that Huawei is in full-fledged deal-making mode

IAM Magazine

The Chinese company also recently hooked up with a Volkswagen supplier in its biggest auto-sector deal to date.

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Education Software Beware: Updates to Illinois SOPPA Law

LexBlog IP

On July 1 st , the threshold requirements ramped up for Illinois schools and the software vendors that provide them services under the Illinois Student Online Personal Privacy Act (SOPPA). Most of the new requirements fall within the purview of the schools, such as maintaining a publicly available list of all software vendors providing software to the school, providing an explanation of all kinds of personal data the school collects, and publishing a description of how parents can exercise their

Law 40
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European Commission sets up final battle between SEP owners and implementers

IAM Magazine

Mooted legislation designed to “create a fair and balanced licensing framework” will have global ramifications.

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What’s the point of continuing a discussion on the unworkable TRIPs COVID-19 waiver proposal?

The IPKat

Kat friends Prashant Reddy T. and Yogesh Pai argue that continuing with WTO talks over the proposed TRIPs COVID-19 waiver is a futile and ineffective exercise in solving the problem of vaccine shortages. As developing countries continue to struggle with a shortage of COVID vaccines, talks over the proposed TRIPs waiver, which call for a “ waiver ” of all IP rights related to technologies necessary for the containment, treatment or prevention of COVID-19, remain deadlocked at the WTO.

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China’s tech giant crackdown is about much more than data control

IAM Magazine

Didi’s post-IPO blues signal a shift in the regulatory landscape, with companies facing greater scrutiny.

Law 52