Wed.Jan 26, 2022

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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. First off today, Blake Brittain at Reuters reports that a lawsuit against the online concert archive Wolfgang’s Vault has ended as the two sides have reached an agreement to settle it.

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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.”. . The Rift Over Web3. The week before Christmas was disrupted by a controversy in Silicon Valley over the future of the internet.

Ownership 120
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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. Trade in counterfeit goods is not only a threat to public governance by fueling organized crime and terrorism but harms the business of nearly every industry. Also, it is often a significant threat to the health and safety of consumers and to the reputation of brands.

Branding 106
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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. Over the past few months, I was lucky to be placed at two very different organizations as part of the IP and Technology Intensive Program.

Inventor 106
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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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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. Attorney General and state attorneys general new powers to bring antitrust enforcement actions against major online platforms that are alleged to be engaging in discriminatory conduct by preferencing their own products a

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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.

More Trending

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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.

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AstraZeneca AB v. Mylan Pharms., Inc.,

JD Supra Law

Case Name: AstraZeneca AB v. Mylan Pharms., Inc., No. 2021-1729, 2021 WL 5816742 (Fed. Cir. Dec. 8, 2021) (Circuit Judges Taranto, Hughes, and Stoll presiding; Opinion by Stoll, J.; Opinion dissenting in part by Taranto, J.) (Appeal from N.D.W.V., Keeley, J.).

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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. Congratulations, you played yourself” is a cautionary take for NFT investors.

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

JD Supra Law

In one of the first district court opinions applying the Federal Circuit’s recent GSK decision on induced infringement in the context of label carve-outs, Judge Richard Andrews in the District of Delaware held that plaintiff Amarin Pharma (“Amarin”) failed to plead facts sufficient to show that Hikma Pharmaceuticals’ (“Hikma”) carved-out product label and/or public marketing statements induced infringement of Amarin’s patents.

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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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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. Initial interventions took place in September 2020 and in December that year, authorities announced the takedown of a 50,000 user platform following an investigation carried out by Sky and football league Serie A.

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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. utility patents (which Harrity Analytics compiles with the Intellectual Property Owners Association (IPO)), Harrity Analytics announced the release of its 2022 College, University & Institute Patent 100 earlier today. Harrity Analytics notes that the 2022 list is a compilation of the top 100 colleges, universities, and other educational institutes based on the number of issued U.S. patent

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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. At the same time, it has fought quite a few legal battles too. Copyright holders have repeatedly accused Rojadirecta of facilitating piracy because users share links to unauthorized broadcasts.

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

JD Supra Law

The Belgian Federal Agency for Medicines and Health Products (the FAMHP) has reviewed its procedure to remove or add patented therapeutic indications or dosage forms from the generic medicines' marketing authorisation (MA), summary of product characteristics (SmPC) and package leaflet following a judgment from the European Court of Justice (ECJ) of 14 February 2019 (Dutch and French).

Patent 94
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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. She did so with the support of a shadowy company called ‘Pirate Monitor’ but an in-depth investigation by YouTube later revealed that the entity was up to no good.

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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.

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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. In 2017, Qualcomm filed suit against Apple, alleging Apple’s mobile devices infringed five of its patents, two of which are at issue here, U.S.

Patent 69
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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.

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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.

IP 52
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'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 72
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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.

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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. In email, the USPTO stated that from abroad, Trademark Terminal “ fraud[ulently] filed. over 5,500 trademark applications.” As such, the USPTO imposed sanctions against Abtach Ltd., 360 Digital Marketing LLC, and Retrocube LLC, (the “ Sanctioned Companies ”).

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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.

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LG Takes Top Spot in Australian Patent Filings, While Aristocrat Slides Down Rankings

LexBlog IP

After two years on top of Australian patent filing charts – including a remarkable (by Australian standards) 435 applications in 2020 – Chinese telecommunications manufacturer OPPO dropped back to third position in 2021. The top spot was taken by last year’s runner-up, South Korea’s LG Electronics, which filed 251 new Australian standard patent applications, up from 236 in 2020.

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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. v. HEC Pharm Co., Ltd., No. 2021-1070 (Fed. Cir. 1/3/2022)) highlights the value of negative claim limitations as a tool to overcome rejections and patent challenges. The court addressed an attempt by a patent applicant to use a negative claim limitation that was not explicit in the original application, to support claims on an alternative feature of the invention.

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Fed. Circ. Pushes Judicial Conference Back 5 Months

IP Law 360

The Federal Circuit is pushing back its biennial judicial conference from April to September as the omicron variant of COVID-19 continues to sweep the nation, causing hospitalizations and deaths to skyrocket.

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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. The purpose of the two new proceedings is to eliminate overly broad and deadwood registrations.

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VLSI Patent In $2.18B Intel Verdict Faces PTAB Validity Check

IP Law 360

The Patent Trial and Appeal Board on Wednesday said it will review the validity of one of the two VLSI Technology computer chip patents at the heart of a historic $2.18 billion infringement verdict against Intel Corp.

Patent 52
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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. District Court for the Southern District of New York addressed an issue of first impression concerning what constitutes “misappropriation” under the Defend Trade Secrets Act (DTSA) in a decision potentially relevant to cases involving allegations of trade secret misappropriation under the DTSA against a former employee. This case is worthy of note for any trade secret practitioner and is an important reminder that when pleading alleged trade secret misappropriation, it is not

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FTC Reviews Fashion Nova – Review Suppression Leads to Double Trouble

LexBlog IP

In April 2020, when we were all focused on finding masks and hand sanitizer, the Federal Trade Commission (FTC) announced a $9.3 million settlement with Fashion Nova. The agency alleged that the company violated the Mail Order Rule by failing to notify consumers of shipping delays, failing to notify consumers of their cancellation rights and providing gift cards instead of refunds for unshipped orders.

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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™.

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Illinois Imposes New Restrictions on Non-Competes and Non-Solicits

LexBlog IP

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation covenants. On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to impose and enforce restrictive covenants.

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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.

IP 52
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Product Piracy? Zero Tolerance!

LexBlog IP

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. Trade in counterfeit goods is not only a threat to public governance by fueling organized crime and terrorism but harms the business of nearly every industry. Also, it is often a significant threat to the health and safety of consumers and to the reputation of brands.

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Erik Weibust to Present “The Future of Noncompetes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 2” for Thomson Reuters

Trading Secrets

On Thursday, January 27, 2021, at 2:00 p.m. Eastern, Boston partner Erik Weibust will present a webinar for Thomson Reuters’ West LegalEdCenter entitled “The Future of Noncompetes and What it Means for the Protection of Your Workforce and Trade Secrets: Part 2.”. This is the second installment of a three part series, and will focus on safeguarding information in the workplace and with a remote workforce.