Mon.Nov 22, 2021

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Those Problematic Comments on Facebook—Who Bears Responsibility for Them??

Hugh Stephens Blog

Unless you have been living in a cave, you will be well aware of Facebook’s current travails, fed by whistle-blower Frances Haugen’s explosive testimony about how Facebook researched but ignored findings that suggested the company’s algorithms were harming individual users by promoting content that kept them engaged—but at a cost to their mental wellbeing.

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3 Count: Pirate NFTs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: British Man Pleads Guilty in New York Over Global Movie Piracy Scheme. First off today, Jonathan Stempel at Reuters reports that UK citizen George Bridi has pleaded guilty in a New York courtroom to his involvement in a global piracy ring dubbed the Sparks Group. According to his confession, Bridi, as well as other members of the group, would get pre-release copies of movies from wholesalers, defeat the copyright

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What are Letters of Protest at the USPTO?

Erik K Pelton

The following is an edited transcript of my video Letters of Protest at the USPTO. There is a tool that comes into play in a very small percentage of trademark application filings—but is an important tool to know about—called a letter of protest. It’s important to know about because sometimes you might want to send a letter of protest regarding somebody else’s trademark filing.

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Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

I. Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the participating patent offices to share information and to benefit from work performed by other participating patent offices, and thereby reducing examination workload and improving quality of patents.

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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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5 Thanksgiving Copyright and/or Plagiarism Stories

Plagiarism Today

It’s Thanksgiving week in the United States and many families will be gathering to enjoy a holiday meal, some time together, and the start of the holiday season. Two things that won’t be on many people’s minds will be copyright and plagiarism issues. They are two topics not routinely paired with stuffing and turkey. That said, that doesn’t mean that there aren’t ways these issues have influenced the holiday.

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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

As a previous drama student herself (who'd have guessed it!), this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

More Trending

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RIAA Takes Down Popular Music Piracy Discord Over Adele ’30’ Leak

TorrentFreak

Most mainstream music is available on commercial services, for streaming or download, on the same date in dozens of countries around the world. Among other things, the coordinated Friday release scheme was designed to reduce piracy. While for the vast majority of legitimate consumers this is sufficient to level the playing field, there is a smaller but significant subsection of music fans who not only prefer to have content more quickly, but also at zero cost.

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Photographer’s SCOTUS Petition Argues State School Liable Under Takings Clause for Copyright Infringement

IP Watchdog

On November 15, Houston-area aerial photographer Jim Olive Photography filed a petition for writ of certiorari asking the U.S. Supreme Court to take up an appeal from the Texas Supreme Court, which had denied Olive’s copyright claims against the University of Houston System on sovereign immunity grounds. In the petition, Olive requests that the Supreme Court simply grant certiorari, vacate the lower decision and remand for reconsideration of the issues in light of the Court’s decision this summe

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Johan Örtenblad

IAM Magazine

"I get to be a part of each client’s journey, building value at the forefront of technical developments. This whole experience is very meaningful to me, both when dealing with start-ups and established businesses.".

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The unbearable dumbness of threatening

Likelihood of Confusion

I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement, including this recent post about. The post The unbearable dumbness of threatening appeared first on LIKELIHOOD OF CONFUSION™.

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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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ToolGen Files Motion to Exclude Evidence, CVC Opposes, and ToolGen Replies in Interference No. 106,127

JD Supra Law

In its turn, on September 17th, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") in Interference No. 106,127. CVC filed its Opposition to ToolGen's motion on October 8th, and ToolGen filed its Reply on October 15th.

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Recoveries in Patent Suits

Patently-O

A patent right is the only property which can be trespassed upon without the owner’s knowledge, in every part of the country, by an innumerable number of trespassers at the same time. The owner can neither watch it, nor protect it by physical force, nor by the aid of the police or of the criminal law. He thus necessarily requires more efficient civil remedies than those do the protection of whose property does not depend upon civil remedies alone.

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Ascletis and Suzhou Alphamab Expand their Partnership into Worldwide License Agreement for ASC22 (Envafolimab) to Treat Hepatitis B and Other Viral Diseases

JD Supra Law

Ascletis Pharma Inc. (Ascletis) and Suzhou Alphamab Co., Ltd. (Suzhou Alphamab) jointly announced that Ascletis’ subsidiary and Suzhou Alphamab have entered into an exclusive worldwide licensing agreement (excluding Greater China) for ASC22 (Envafolimab) to treat viral diseases, including Hepatitis B. According to the press release, ASC22, also known as KN035, is one of the first subcutaneously-injected PD-L1 antibodies.

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Apple Tells Justices It Has Standing In Qualcomm Patent Fight

IP Law 360

Apple is urging the U.S. Supreme Court to weigh in on whether it has standing to appeal Patent Trial and Appeal Board rulings that upheld two Qualcomm patents based on Apple's ongoing obligations to pay royalties under an earlier licensing deal between the companies.

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#FrozenMechanicals Take 2: Chelsea Crowell, Erin McAnally, and Abby North Comments to CRB

The Trichordist

[Trichordist says: The Copyright Royalty Board reopened the comments on frozen mechanical song royalties in Phonorecords IV rate setting and the filings are coming in, especially from… Read more "#FrozenMechanicals Take 2: Chelsea Crowell, Erin McAnally, and Abby North Comments to CRB".

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Justices Decline To Look Over 'Initial Interest' TM Doctrine

IP Law 360

The U.S. Supreme Court on Monday rejected an online mattress company's request for the justices to review the doctrine of "initial interest confusion" in trademark law, clearing the way for a jury to consider the company's nearly decade-old fight with the Sleep Number brand.

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There’s A Library in Your Future

Velocity of Content

Been to the library lately? Not much? Well, maybe you haven’t been going because of COVID-19 pandemic restrictions. And maybe, too, you think you can do all your research online, starting at a search engine portal. Librarians miss you, and they want you back. That’s just one finding of an unprecedented survey of 4,000 librarians and patrons. It turns out library patrons also really appreciate librarians, yet a significant knowledge gap lies between them.

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Royal Raises $55M To Bring NFTs To Musicians And Fans

IP Law 360

Royal, a music and digital-asset platform that allows listeners to earn royalties alongside artists, said Monday it had raised $55 in a Series A round that featured support from artists such as The Chainsmokers and Nas.

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Rafa? Witek

IAM Magazine

"Nowadays, as we have a specialised patent court in Poland, the main challenge in effective enforcement is the still insufficient experience of judges dealing with patent cases.".

Patent 52
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High Court Won't Hear Models' Strip Club Publicity Rights Suit

IP Law 360

Models who say their images were used to promote strip clubs without their permission won't get U.S. Supreme Court review of a ruling they claim would effectively give only the most famous celebrities protection under federal trademark law.

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Rafa? Witek

IAM Magazine

"Nowadays, as we have a specialised patent court in Poland, the main challenge in effective enforcement is the still insufficient experience of judges dealing with patent cases.".

Patent 52
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Sanofi Unit To Pay $180M In Disease Treatment Patent Fight

IP Law 360

A U.S. subsidiary of the French multinational pharmaceutical corporation Sanofi SA has agreed to pay $180 million to resolve a dispute with a Taiwanese company over patents aimed at treating a rare neuromuscular disease, ending ongoing arbitrations over royalties.

Patent 75
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Rafa? Witek

IAM Magazine

"Nowadays, as we have a specialised patent court in Poland, the main challenge in effective enforcement is the still insufficient experience of judges dealing with patent cases.".

Patent 52
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Nike, Skechers Settle 3 Sneaker Patent Suits In Calif.

IP Law 360

Nike Inc. and Skechers USA Inc. have reached a confidential deal to end three Los Angeles federal court lawsuits in their long-running battle over sneaker patents, according to filings Friday.

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Fish Principal Phillip Goter Authors Article for Bloomberg Law, “SEP and FRAND Considerations for the Automotive Industry”

Fish & Richardson Trademark & Copyright Thoughts

To operate safely, autonomous vehicles (AVs) must communicate with other transportation system elements, such as vehicles, roadway infrastructure, and pedestrians. One important aspect of fully autonomous vehicles is vehicle-to-everything (V2X) communication, which will allow the vehicle to communicate with external entities that may affect it. The challenge to achieving true V2X is that it requires communicating and processing large amounts of data in real time, which will require a sophisticat

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Natalie Raffoul

IAM Magazine

"We continue to talk about women in tech but the number of women, particularly in management, remains low. The time for quotas has come because, even after 25 years since I started out in electrical engineering, not much has changed.".

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Northern District of California Dismisses Challenge to PTAB’s Fintiv Factors

Bio Law Blog

On Nov. 10, 2021, the Northern District of California granted the United States Patent and Trademark Office’s (USPTO) motion to dismiss a lawsuit brought by Apple and co-plaintiffs challenging the Patent Trial and Appeal Board’s (PTAB) use of the Fintiv factors in deciding whether to institute inter partes review (IPR). Apple Inc. et al. v.

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Kim Livgard

IAM Magazine

"I put myself in my clients’ shoes and envision the services that I would want to receive. This exercise quickly teaches me that it is of the highest importance that I truly understand my clients’ business.".

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Federal Circuit Reaffirms Obviousness Standard by Reversing PTAB in University of Strathclyde v. Clear-Vu Lighting

JD Supra Law

Earlier this month, in University of Strathclyde v. Clear-Vu Lighting LLC, the Court of Appeals for the Federal Circuit (“the CAFC”) reversed a decision by the Patent Trial and Appeal Board (“the Board”) that found claims 1-4 of the University of Strathclyde’s U.S. Patent No. 9,839,706 (“the ’706 patent”) invalid as obvious. Specifically, the CAFC determined there was not substantial evidence supporting either that the prior art disclosed all claim limitations of the ’706 patent or that there.

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Peter McBride

IAM Magazine

"So, in Scotland you will find the full range of services you would expect from any European patent attorney firm, with the same historic British quality and heritage that you would find elsewhere in the United Kingdom, but with our own unique identity and dynamism.".

Patent 52
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Do You Need an LLC to Trademark?

LexBlog IP

Clients often ask me whether they need an LLC to trademark. The short answer is “no.” However, the better answer is it depends on some consideration about ownership and cost. You do not need to own an LLC to file a trademark. However, file for an LLC first can give you two distinct advantages. LLCs are Not Necessary to Trademark. A limited liability company (“LLC”) is a state-level entity.

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Masaki Morishima

IAM Magazine

"Thanks to the new challenges posed by these service providers, we realised that focusing on our strengths – namely, doing what they cannot replicate, while improving our productivity – is what will truly benefit our clients.".

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 3 of 4: Related rights and exceptions and limitations

Kluwer Copyright Blog

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. IV. Related rights. In addition to rights of the author, German copyright law also recognises related rights. These include rights afforded to creators and organisations whose activities do not lead to a “work” within the meaning of Section 2 UrhG but nevertheless is simila

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Johan Örtenblad

IAM Magazine

"I get to be a part of each client’s journey, building value at the forefront of technical developments. This whole experience is very meaningful to me, both when dealing with start-ups and established businesses.".

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Are Humans Ready? Is the Law Equipped to Handle Artificial Intelligence?

LexBlog IP

By: Ben Suslavich. In 2015, DeepMind , owned by Alphabet, developed Artificial Intelligence (“AI”) AlphaGo to beat the reigning three-time European Champion, Fan Hui, in the board game “Go.” This victory marked a milestone in the development of AI because of the complexity of the game. Within the game, there are more possible board configurations than there are atoms in the known universe.

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