Mon.Mar 15, 2021

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“Winning” Prosecution Arguments Can Invalidate Your Patent As Indefinite

Intellectual Property Law Blog

On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc. , No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.

Patent 100
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Secrecy: the IP right most often used by SMEs

WIPO Magazine

Trade secrets are a common and practical way for business to maintain a competitive advantage. Recent improvements in trade secret laws around the world have created more opportunities for SMEs to increase enterprise value and prevent loss of data assets by using them. Find out more.

IP 98
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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

By: Baylee Carter. INTRODUCTION. Today, people are watching Netflix more than ever, and Netflix is churning out seemingly endless content. With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States.

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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. Nike has been using its swoosh logo since the mid-1970s, and until the swoosh became famous on its own, it would have been always accompanied by the brand name.

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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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HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

By: Baylee Carter From “Narcos” to “Stranger Things”, Netflix has produced binge-worthy content. With the many shows, movies, and documentaries that Netflix brings to viewers, there have been increased allegations of copyright infringement. This blog post looks at several noteworthy copyright infringement cases Netflix has defended in the last few years in the United States.

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Automating Animation: Patentable; Automating Captions: Hold On

TraskBritt Intellectual Property

The U.S. Court of Appeals for the Federal Circuit has issued a decision affirming that patent claims to automating the process of making closed captions for audio-visual media are ineligible for patent protection. In Enco Sys. v. Davincia, the Court affirmed a lower court’s early resolution of a patent infringement lawsuit, granting a motion to dismiss on grounds that the asserted claims were invalid.

Patent 40