Wed.Jan 26, 2022

3 Count: Leaving the Vault

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings.

DC Circuit Confirms That Congressional Jawboning Isn’t Actionable–AAPS v. Schiff

Technology & Marketing Law Blog

This is one of many cases, often related to #MAGA or anti-vax, seeking legal recourse for Congressional jawboning of Internet services. More typically, the plaintiff claims Internet services become state actors due to the jawboning directed at them. In contrast, the plaintiffs sued Rep.

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Utilizing RightFind Across the R&D Pipeline

Velocity of Content

It seems intuitive that fast-paced organizations that rely on and invest heavily in R&D would have a streamlined approach to find, manage, and collaborate on scientific information across the enterprise, but that’s not always the case.

USPTO Sanctions Over 30 Low-Cost DIY Trademark Filing Websites

JD Supra Law

On January 25, 2022, the USPTO issued sanctions against Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC all believed to be operating out of Pakistan (“Respondents”).

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.

Huge Pirate IPTV Crackdown Hits Network Supplying 500,000 Users

TorrentFreak

In 2020, authorities in Italy revealed the existence of ‘Operation: The Net’, a broad investigation targeting the supply and sale of pirate IPTV services.

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YouTube Wants ‘Fraudulent” Copyright Claimant Kept in Class Action Lawsuit

TorrentFreak

In the hope of accessing YouTube’s Content ID system, in 2020 musician Maria Schneider launched a class action lawsuit that alleged mass infringement and serious deficiencies in YouTube’s copyright enforcement measures.

Skinny Labels May Not Be Dead: Delaware District Court Distinguishes GSK, Dismisses Induced Infringement Claim

JD Supra Law

Rojadirecta Operator Faces Multi-Year Prison Sentence in Upcoming Trial

TorrentFreak

Founded more than 16 years ago, Rojadirecta is one of the oldest and most popular linking sites for sports streaming events. The site, which is operated by the Spanish company Puerto 80 Projects, has built a loyal user base over the years.

Harrity Analytics Releases List of Top 100 Colleges, Universities & Institutes Receiving Patents in 2021

JD Supra Law

Following the release earlier this month of its annual list of the top 300 organizations receiving U.S.

The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers

Kluwer Copyright Blog

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. .

Belgian medicines agency updates procedure to remove patented indications from SmPC and package leaflet

JD Supra Law

Buying an NFT? You are not buying what you think.

Traverse Legal Blog

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright.

Senate Judiciary Advances American Innovation and Choice Online Act to Ramp Up Antitrust Efforts Against Big Tech

IP Watchdog

On January 20, the Senate Committee on the Judiciary voted 16-6 to advance S. 2992, the American Innovation and Choice Online Act, out of committee and toward a full vote on the floor of the U.S. Senate. If passed, the bill would give the Federal Trade Commission (FTC), the U.S.

Product Piracy? Zero Tolerance!

IP Tech Blog

Major Product Facility of Counterfeiters Raided in China by Global SPB Team. The global trade in counterfeit and pirated goods in 2019 amounted to nearly USD 464 billion.

Qualcomm SCOTUS Brief Charges Apple Has No Legal Leg to Stand On

IP Watchdog

On January 19, Qualcomm filed a brief in opposition to Apple’s petition for certiorari to the U.S. Supreme Court, arguing Apple failed to make the requisite evidentiary showing to obtain Article III standing.

Apple Fights Uphill To Trim Willfulness Claims In Piracy Suits

IP Law 360

A California federal judge said he's not inclined to grant Apple's request to cut willful copyright infringement claims from a trio of suits alleging it infringed by selling pirated copies of hit songs such as “Over the Rainbow” and “Stormy Weather” on iTunes

Licensing considerations for global companies in China

IAM Magazine

Parties intending to sign licensing agreements in China should be aware of issues that can create obstacles during this process. While licensing can successfully prevent patent infringement claims, both licensor and licensee should be confident about the terms of the agreement. International report

My Internship Experience at Two Very Different Organizations: Alectra Utilities and BEST Lab

IPilogue

David Park is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. Experiential education was one of the main reasons I decided to pursue legal studies at Osgoode.

Recent Court Case Highlights Negative Claim Limitations and Best Practices in Drafting Patent Applications

GDB Firm Blog

A recent decision by the Federal Circuit (Novartis Pharms. Corp. HEC Pharm Co., Ltd., 2021-1070 (Fed. 1/3/2022)) highlights the value of negative claim limitations as a tool to overcome rejections and patent challenges.

Trademark Registrants Beware: Important U.S. Trademark Developments Can Result in Cancelled Registrations

JD Supra Law

As of December 27, 2021, new “expungement” and “reexamination” proceedings are available for third parties to request the cancellation of an active U.S. trademark registration that is not being used in connection with some or all of the goods/services set forth in the registration.

Name Wire

Likelihood of Confusion

You just should read Name Wire regularly, if you are interested in a thoughtful and supple treatment of branding and naming issues. Just saying. Originally posted 2012-09-11 10:52:13. Republished by. The post Name Wire appeared first on LIKELIHOOD OF CONFUSION™. LIKELIHOOD OF CONFUSION

Trade Secret Misappropriation Not Sufficiently Plead Where Defendant Possessed but did Not Threaten to Disclose Trade Secret Information in Southern District of New York Case

JD Supra Law

Last year, the U.S.

Meet The Possible Nominees For Justice Breyer's Seat

IP Law 360

President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner

IP 64

Automated IP Enforcement: Moving Towards Better Results

JD Supra Law

Last year in our article “What Will Post Pandemic IP Enforcement Look Like,” we looked at the future of enforcement and what strategies may emerge and take root post-pandemic. As it appears we are moving to an endemic stage, it may be a good time to revisit some key ideas.

Law 52

How AI Can Transform Crisis Management In Litigation

IP Law 360

Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger

[Video] 5 Key Takeaways | The Importance of Mentorship

JD Supra Law

Mentorships can make a real difference in building a thriving career and being a mentor can be an extremely rewarding experience. Kilpatrick Townsend’s Lidia Lopez recently spoke at the International Trademark Association (INTA) 2021 Annual Meeting.

Dominion Says Carter Page Defamation Ruling No Help To Fox

IP Law 360

Dominion Voting Systems has urged Delaware's Supreme Court to reject a Fox News Network bid for a midcase appeal of a lower court's refusal to dismiss a $1.6 billion Dominion defamation suit, disputing Fox's reliance on the recent dismissal of another politically charged defamation case

IP 63

Istanbul IP Court reaches landmark decision on precautionary injunction

IAM Magazine

The IP Court’s most recent ruling emphasises the importance of granting a precautionary injunction before the release of a Gx product, to prevent incurable price cuts against pharmaceutical patents. International report

Democrats Plan Swift Confirmation Of Breyer Successor

IP Law 360

The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday

IP 63

How managing data into a business asset is key to unlocking its value

IAM Magazine

There are lessons to be learned from how digital-born businesses and industrial companies undergoing digital transformation approach data asset management, protection and value creation, write Marta Sadriu, Michelle Fransson and Bo Heiden. Analysis Long read In-house operations

'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

IP Law 360

With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said

Law 61

Licensing considerations for global companies in China

IAM Magazine

Parties intending to sign licensing agreements in China should be aware of issues that can create obstacles during this process. While licensing can successfully prevent patent infringement claims, both licensor and licensee should be confident about the terms of the agreement. International report

Trademark Terminal Sanctioned, USPTO Cancels Applications

LexBlog IP

Yesterday, the United States Patent and Trademark Office (“USPTO”) sanctioned Trademark Terminal’s owners. Per the order , the USPTO plans to terminate all the trademark applications they filed.