Tue.Apr 05, 2022

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3 Count: Countdown

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge’s Ruling Due in Ed Sheeran and Sami Switch Copyright Row Over Shape Of You. First off today, Kent Online reports that the judge in the Ed Sheeran case has announced that he will be handing down his ruling in the closely-watched case tomorrow. The case was filed by artist Sami Chokri, who accuses Sheeran of copying his hit song Shape of You from his earlier track Oh Why.

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Music Industry Flags Discord and Reddit as Primary Piracy Threats

TorrentFreak

Following the example of the United States, the EU started publishing its very own piracy watchlist a few years ago. This ‘Counterfeit and Piracy Watch List’ is put together by the European Commission. As in the US, it relies on stakeholder groups to nominate several problematic sites and services for inclusion. The third iteration of the EU watchlist will be published towards the end of the year and several interested parties have already submitted their nominations.

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March 2022 Roundup of Copyright News

Copyright Alliance

In the month of March, the U.S. Copyright Office published several final rules related to the copyright small claims court while various U.S. courts weighed in on several closely watched […]. The post March 2022 Roundup of Copyright News appeared first on Copyright Alliance.

Copyright 140
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Sci-Hub Only Option For Academics In Russia After Major Publishers Pull Out

TorrentFreak

While historical and geopolitical ambitions sit at the heart of the war in Ukraine, cynical disinformation and denial of knowledge allowed it to happen and now fuel its momentum. When used responsibly, the internet should provide mechanisms to counter these evils. In Russia, however, the state has decided that only its narrative is correct and anyone stating otherwise faces website blocking and up to 15 years in prison.

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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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Trademark Protection for Bands and Musicians

Erik K Pelton

As the music world just celebrated the annual Grammy awards, Erik reflects on the fact that many bands, artists, and musicians fail to realize the importance and strength gained by registering and protecting their brands. BONUS CONTENT: listen to Erik’s playlist of well-known songs featuring prominent brand references at: [link]. The post Trademark Protection for Bands and Musicians appeared first on Erik M Pelton & Associates, PLLC.

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IP Stakeholders Cheer as Senate Finally Confirms Vidal to Head USPTO

IP Watchdog

The U.S. Senate confirmed Kathi Vidal as the next U.S. Patent and Trademark Office (USPTO) Director Tuesday night in a voice vote. Vidal’s confirmation comes after more than one year with no Senate-confirmed Director or Acting Director at the agency. Drew Hirshfeld has been operating under the title of “Performing the Duties and Functions of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” since January 2021.

More Trending

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Tillis Renews Request to FDA and USPTO for Independent Assessment of I-MAK Patent Data

IP Watchdog

On Friday, April 1, Senator Thom Tillis (R-NC) wrote to the Food and Drug Administration (FDA) and the U.S. Patent and Trademark Office (USPTO) to once again voice his concerns about several sources advancing data on the effects of pharmaceutical patents on drug pricing. Tillis is specifically troubled that the data seems to be based on opaque methodologies and to contain inaccurate or incomplete information that may mislead policymakers.

Patent 126
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AI Is Improving Its Artistic Skills, But Who Owns Its Output?

JD Supra Law

A few years ago, I inadvertently offended an artist friend of mine. We were discussing whether computers would ever generate art that matched what humans could create. She took the position that machines cannot "create" anything. I took the opposite position, contending that there is nothing humans can do that machines cannot. This post dives….

Art 101
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European Patent Filings Reached Record Number in 2021; Huawei Largest Applicant

IP Watchdog

There were 188,600 European patent applications filed last year, an annual increase of 4.5%, according to figures published by the European Patent Office (EPO) on April 5. Despite the impact of the pandemic, applications increased to a record level following a slight decline in 2020. The United States was once again the top country for applicants, accounting for a total of 46,533 applications in 2021 (an increase of 5.2%) or 25% of all filings.

Patent 119
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Blockbuster Biologics Review Issue 15

JD Supra Law

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 34 biosimilars have been approved, 23 of which have launched. Notably, since our last update, AbbVie has settled its long-running dispute with Alvotech over Alvotech’s adalimumab biosimilar—making Alvotech the 10th company to settle with AbbVie.

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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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PTAB Denies OpenSky’s Request for Rehearing But VLSI Cases Highlight Broader PTAB Problems

IP Watchdog

On March 28, the U.S. Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) denied petitioner OpenSky Industries’ request for rehearing of an earlier decision denying institution of inter partes review (IPR) of one of two VLSI patents supporting a massive $2.2 billion infringement damages verdict in U.S. district court. The ruling is the latest chapter in a series of challenges to VLSI’s patent claims, which has forced VLSI to run a gauntlet arguably demonstrating that the

Invention 116
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BREAKING: Ed Sheeran Wins 'Shape Of You' UK Copyright Battle

IP Law 360

A London judge sided with pop star Ed Sheeran on Wednesday in a trial over his hit "Shape of You," finding that the star had not "deliberately or subconsciously" copied the hook of a lesser known grime track.

Copying 98
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High Sea Adventures: Bruno Basuyaux

Herbert Smith Freehills

There are many parallels between racing across the Atlantic in a sailboat and managing a corporate deal, says Bruno Basuyaux. The relentless pressure, the lack of sleep, the physical exertion (yes!) and, above all, the need for a high-quality teamwork. Recalling his world record-breaking seven-day race across the Atlantic in June, Bruno says that he was wet (a lesson of humidity both inside and outside the boat) through the entire time, he barely ate or slept, keeping three-hour watches, he was

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The Truth About Invention Disclosures

IP.com

How the right editing services can set you on the path to protect that IP. When you open your GPS to get directions, you must know your destination before. The post The Truth About Invention Disclosures appeared first on IP.com - IP Innovation and Analytics.

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Bruno Basuyaux: High Sea Adventures

Herbert Smith Freehills

There are many parallels between racing across the Atlantic in a sailboat and managing a corporate deal, says Bruno Basuyaux. The relentless pressure, the lack of sleep, the physical exertion (yes!) and, above all, the need for a high-quality teamwork. Recalling his world record-breaking seven-day race across the Atlantic in June, Bruno says that he was wet (a lesson of humidity both inside and outside the boat) through the entire time, he barely ate or slept, keeping three-hour watches, he was

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Dentons Tech Bites

JD Supra Law

Legislative Priorities. On March 22nd, the Public Works Committee of the Chamber of Deputies received the Minister of Transport and Telecommunications (Juan Carlos Muñoz Abogabir) and the Undersecretary of Telecommunications (Claudio Araya San Martín), who presented the legislative priorities of the Executive in the area of telecommunications: Telecommunications Infrastructure Company, connectivity maps, reduction of concession terms, demand subsidy for connectivity services, etc.

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Timeshare Exit Cos. Can't Duck Florida False Ad Suit

IP Law 360

A Florida federal judge won't let a group of timeshare exit companies escape claims they misled consumers into thinking they could easily get out of their contracts, saying there is enough of a factual dispute about their advertisements for a jury to weigh in.

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May 1 deadline to seek leave to intervene in PMPRB SOLIRIS rehearing

JD Supra Law

As previously reported, the Federal Court of Appeal set aside the Federal Court’s decision dismissing Alexion’s application for judicial review and remitted the matter of whether Alexion’s SOLIRIS (eculizumab) was sold at an excessive price back to the Patented Medicine Prices Review Board (PMPRB or Board) for redetermination.

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BREAKING: Senate Confirms Vidal For USPTO Director

IP Law 360

The U.S. Senate on Tuesday confirmed Kathi Vidal to lead the U.S. Patent and Trademark Office, making her the second woman to head the agency with congressional approval.

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Supreme People’s Court of China issues first comprehensively revised judicial interpretation of anti-unfair competition law since 2007

The IPKat

On 16 March 2022, the Supreme People’s Court of China (SPC) issued the Judicial Interpretation by the SPC on Several Issues Concerning the Application of the Anti-Unfair Competition Law (AUCL; see the translation by WIPO Lex here ) of China (JI 2022; full context here in Chinese), which took effect on 20 March 2022. This post serves as a brief introduction to the JI 2022.* As shown in the chart below, the first AUCL was enacted in 1993 and remained in force for more than two decades before its f

Law 95
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Fed. Circ. Wonders If Lehman's Spirit Lives On, Even In Booze

IP Law 360

An inquisitive Federal Circuit panel sought to pin down Tuesday whether a small liquor company should be allowed to lampoon the Lehman Brothers name on whiskey bottles 14 years after the investment bank's collapse or whether its name carries on as a protected trademark.

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USPTO News Briefs

JD Supra Law

USPTO Launches New Patent Search Tool - In a press release issued earlier this year, the U.S. Patent and Trademark Office announced the launch of a new Patent Public Search tool. The Office notes that the new patent search tool, which is based on the Patents End-to-End (PE2E) search tool that USPTO Examiners use to identify prior art, will provide for convenient and robust full-text searching of U.S. patents and published patent applications.

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Avery Yandt on CTV’s Ask the Experts

Nelligan Law

Reading Time: < 1 minute. Estates lawyer Avery Yandt joins CTV’s Ask the Experts to answer view questions about estate planning, Will disputes, and Power of Attorney issues. Watch parts 1-3 of Avery’s interview below: Part 1: Part 1: Part 3: The post Avery Yandt on CTV’s Ask the Experts appeared first on Nelligan Law.

Law 84
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Added matter as a ground for revocation of a patent

Garrigues Blog

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. This ground for revocation, which has not been explored a great deal in the past, has been dealt with in a case pitting Thermomix against Lidl.

Patent 72
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Jackson Addresses Host Of IP Issues In Guarded Comments

IP Law 360

U.S. Supreme Court nominee Judge Ketanji Brown Jackson largely deflected questions about patent eligibility, inventions created by artificial intelligence, venue for patent cases and other intellectual property issues in written responses to senators, but she did shed some light on her thinking.

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: Atty. James Singer: Russia Decrees Patent Owners from the U.S. and Other “Unfriendly Countries” Not Entitled to Compensation for Infringement (Source: JD Supra). Blake Brittain: Canadian Pfizer Partner Sues to Head Off Patent Lawsuit Over COVID-19 Vaccine (Source: Reuters) . Ryan Mac and Kellen Browning: Apps and Oranges: Behind Apple’s ‘Bullying’ on Trademarks (Source: The New York Times).

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Newsweek Ruling Offers Copyright Lessons On New Tech

IP Law 360

A New York federal court's recent decision to reject Newsweek's defense against a copyright infringement claim for embedding a photographer's Instagram photo in an online news article shows that existing law may not approve of interaction with others' intellectual property just because technology enables them to do so, say attorneys at Arnold & Porter.

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Upcoming Webinar Series! Commercial Litigation Outlook: Insights and Predictions for Litigation Trends in 2022

Trading Secrets

In the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , our nationally-recognized team provides keen insights about what to expect in 2022. It will be a busy year that will call upon clients and their counsel to be flexible, creative, and proactive on many fronts. As the pandemic morphs into an endemic, we are seeing overall litigation activity increase as court backlogs have cleared and trials have resumed.

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Transforming Law Firms' Diversity Intent Into Real Progress

IP Law 360

In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

Law 75
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Latest Federal Court Cases - April 2022

JD Supra Law

Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) - The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In particular, the issue was the effect of statements made by the applicant during the patent’s prosecution. The Court held that the district court erred in applying too narrow a construction, and reversed with a modified construction.

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Showtime Beamed Up Into TM Suit Over UFO Docuseries

IP Law 360

UFO Magazine has hit Showtime Network with a trademark suit in Wyoming federal court over a four-part docuseries centered on extraterrestrial phenomena, contending the show's title infringes its registered mark for television and motion pictures.

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On Standard Tools and Standard Solutions…

Christopher Roser

On the web and in print, you find frequent mention of a “lean toolbox,” “lean toolbook,” or similar. These books do have their use, and at least one of them is written by an author that I highly respect. Many other lean books also focus on the different tools and methods. But focusing on a. Read more. The post On Standard Tools and Standard Solutions… first appeared on AllAboutLean.com.

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'Tiger King' Zoo Hit With Sanctions In Carole Baskin Feud

IP Law 360

A private zoo formerly owned by "Tiger King" star Joe Exotic has been sanctioned by an Oklahoma federal judge for failing to pay more than $50,000 to an attorney appointed on behalf of Big Cat Rescue Corp., an animal sanctuary run by rival Carole Baskin, to collect the zoo's revenues.

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CCC and the OA Switchboard Collaborate to Offer Increased Efficiency and Transparency for the Scholarly Communications Community

Velocity of Content

CCC and the OA Switchboard , a global, not-for-profit collaboration between funders, institutions and publishers, have announced a collaboration to automate the exchange of OA transactional information between publishers and their customers through the OA Switchboard. The OA Switchboard provides essential infrastructure and standardized reporting to facilitate the fulfillment of OA strategies across business models, policies, and agreements.

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Hermes Fights To Keep 'MetaBirkin' NFT Suit In Play

IP Law 360

A Los Angeles designer's nonfungible token series called "MetaBirkins" is not merely a metaverse experiment, but rather a trademark infringement of the Hermes Birkin bag, the luxury brand told a New York federal court.