Fri.Jul 23, 2021

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They Patented a Better SandBox — Obviousness IPRs

Patently-O

by Dennis Crouch. Today’s decision by the Federal Circuit includes an example of thinly sliced bologna, with the court rejecting a PTAB IPR decision because the precise obviousness argument regarding a functional limitation was not expressly stated. The court also does another go-round with the PTAB failing to consider commercial success. . Oren Tech v.

Patent 130
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Pesticide Patents: Not ‘Working’ Out?

SpicyIP

Man spraying vegetables with pesticides (Image from here ). Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed.

Patent 126
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Trending Sources

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Conservative’s Lawsuit Over Google Deindexing Fails–DJ Lincoln v. Google

Technology & Marketing Law Blog

This is yet another #MAGA lawsuit. The plaintiff claimed that Google deindexed conservatives in a biased way. This particular plaintiff chose perhaps the least likely path to advance that claim, emphasizing RICO claims. As we all know, it’s never civil RICO, so this lawsuit had all of the signature elements of a mockably doomed lawsuit. We have arrived at the inevitable destination.

Business 115
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Playing with Fire? Ambush marketing and the Olympic Games

JD Supra Law

The Tokyo 2020 Olympic Summer Games officially kick-off today. Taking place a year later than scheduled as a result of the pandemic, and amid no small amount of controversy, the Games will look a little different than previous years. What is unlikely to change, however, is the global attention the Games inevitably attracts and the associated draw for brands seeking to increase their exposure to consumers globally.

Marketing 108
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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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Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes

IPilogue

Photo Credits: C D-X ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . While certain sectors of the entertainment industry, especially those involving live events, were hit hard by COVID-19, podcasting has survived (and thrived) amidst the pandemic. As lockdown measures increased and walks around the block became the most exciting part of my day, I too hopped on the podcast bandwagon.

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MPA Adds New Pirate Streaming Sites to UK Blocklist

TorrentFreak

The list of websites that are blocked in the UK for facilitating copyright infringement is growing longer and longer. In a new ruling issued this month, the High Court ordered the major ISPs, including Sky, BT, TalkTalk, and Virgin, to block access to over a dozen ‘pirate’ streaming sites. UK Blocklist Expands. The new blocking request was issued following a complaint from the Motion Picture Association Europe ( MPA ), which acts on behalf of Netflix and several major Hollywood movie

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More Trending

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Watch Tower Can’t Identify Defendant in ‘Dubtown’ Copyright Suit, Court Declines to Help

TorrentFreak

The Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, wants to put an end to the activities of a defendant known only as ‘Kevin McFree’ ‘McFree’ (which is presumably not his real name) is the creator of the ‘Dubtown’ series of stop-motion Lego animations that take place in a fictitious Jehovah’s Witness town.

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Separation Agreements through Mediation: Frequently asked Questions

Nelligan Law

Since at least 1983, Ontario family courts have encouraged and upheld out-of-court processes wherever possible. Finally, in 2021, the federal Divorce Act and the Ontario Children’s Law Reform Act were amended to encourage separating couples to try alternative dispute resolution before they start a court action. Mediation is one of the dispute-resolution techniques that they.

Law 98
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More than 25 major companies take innovation diversity pledge

IAM Magazine

Businesses sign-up ahead of groundbreaking event organised by the US IP Alliance in conjunction with UC Berkley.

IP 98
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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids Of Police Encounters Off The Internet?

JD Supra Law

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.

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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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Separation Agreements through Mediation: Frequently asked Questions

Nelligan Law

Reading Time: 4 minutes Since at least 1983, Ontario family courts have encouraged and upheld out-of-court processes wherever possible. Finally, in 2021, the federal Divorce Act and the Ontario Children’s Law Reform Act were amended to encourage separating couples to try alternative dispute resolution before they start a court action. Mediation is one of the dispute-resolution techniques that they specifically ask you to consider.

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Amgen Denied Petition To Rehear Enablement Requirements For Biotech Patents

JD Supra Law

On June 21, 2021 the Court of Appeals for the Federal Circuit ( CAFC) denied a petition filed by Amgen, Inc., (Amgen) to rehear enablement requirements in a patent disclosure. “Enablement” refers to a requirement that a patent application must describe how to make and use a claimed invention. The purpose behind this requirement is to make the invention available to the public in a meaningful way by describing the claimed invention in such terms that one skilled in the art can make and use it.

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Counsel: AI tools are no ‘panacea’ but can optimise patent data

Managing IP

In-house counsel from Seagate and three other companies say costs and tech limitations are key challenges when selecting AI tools

Patent 75
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German Constitutional Court Clears Way for the Unified Patent Court

JD Supra Law

On July 9, 2021, the German Federal Constitutional Court (FCC) published its decision rejecting two applications for a preliminary injunction against the German ratification of the Agreement on a Unified Patent Court (UPCA) that had been approved by the German parliament on 18 December 2020.[1] The FCC had originally asked Germany’s Federal President to wait with his signature required for the underlying bill to enter into force.

Patent 67
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Genentech’s troubles highlight biosimilar trade secret risks

IAM Magazine

Two founders of JHL Biotech have recently been indicted for conspiracy to steal trade secrets from the Californian company, while two other individuals pleaded guilty to similar charges.

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Federal Circuit Holds That Art Teaches Away From Its Own Disclosure

JD Supra Law

CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: A reference may teach away from modifying a particular embodiment to include features disclosed elsewhere in the same reference.

Art 64
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Blockchange v Blockchange (SDNY): Does SaaS create minimum contacts for personal jurisdiction? We don’t know yet.

LexBlog IP

Blockchange Ventures I GP, LLC. v. Blockchange, Inc, 1:21-cv-00891-PAE (SDNY July 22, 2021. Jurisdictional discovery will be required. From the decision (Edelman, J): “Plaintiff, based in New York, is “engaged in the provision of venture capital, development capital, private equity, investment funding and wealth management exclusively in the field of digital assets.” Plaintiff characterizes Defendant, a California corporation with its headquarters in San Jose, CA, as dealing in

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Roche Diabetes Care Succeeds in UK Medtech Patent Dispute Against Insulet

JD Supra Law

In the latest UK medical technology (Medtech) patent decision Insulet v Roche Diabetes Care [2021] EWHC 1933 (Pat), Ms Pat Treacy (sitting as a judge of the High Court) held that (i) Roche Diabetes Care’s Accu-Chek Solo insulin pump did not infringe Insulet’s patent (either directly, indirectly, or by way of equivalence), and (ii) the patent was invalid.

Patent 61
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Blog Juice?

Likelihood of Confusion

Joy McCann, blogging on Dean’s World, comments on a Slate article suggesting that bloggers are the Euro-American version of rappers. In your bottle-full-o-bub’ dreams, Joy! Originally posted 2005-03-23 10:51:00. Republished. The post Blog Juice? appeared first on LIKELIHOOD OF CONFUSION™.

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A Cautionary Tale: Paying IPR Filing Fees Via Wire Transfer

JD Supra Law

A June 25, 2021 decision by the PTAB has clarified that when paying the filing fee via wire transfer, the inter partes review (“IPR”) petition filing date is based upon when the funds are made available to the USPTO. .

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Fish Principal Cindy Walden Authors World IP Review Article, “Brand Owner’s Friend: the Lanham Act at 75”

Fish & Richardson Trademark & Copyright Thoughts

Fish Principal Cindy Walden recently wrote about the 75th anniversary of the Lanham Act. This historic piece of legislation helps businesses protect their trademark rights. Read the full article (PDF).

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An Introduction to Patents

JD Supra Law

Obtaining patents for your technology can be crucial to gaining market share, maintaining competitive advantage, and securing the funding needed to establish and grow your business. The more your goods and services get noticed by competitors and potential investors, the more important patents become. Patents are a form of legal protection for the intellectual assets of your business, and each patent can serve as both a sword and a shield.

Patent 55
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Scribd Reaches for Unicorn Status

Velocity of Content

Timing may finally be right for a Scribd IPO. Bloomberg and other financial news services report that Scribd , the content platform, is preparing an Initial Public Offering, possibly for later this year. Estimated valuations for the company – a subscription service for online content including books, magazines, news, and podcasts — are near $1 billion.

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Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

JD Supra Law

Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law is similar to the US and this case presents and interesting application of these standards.

Law 55
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This week in IP: Breeders split on EU study, DoJ antitrust head appointed, Tiffany settles TM dispute

Managing IP

Managing IP rounds up the latest patent, trademark and copyright news, including some stories you might have missed

IP 59
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[Audio] Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch

JD Supra Law

We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption regulations, and the United Kingdom’s (UK) immigration policies. Joining me for this conversation is Oliver Heinisch. Oliver is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s London and Brussels offices.

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Sisvel ties-up Oppo deal after multi-jurisdictional patent dispute settles

IAM Magazine

Pair bring to an end litigation that spanned three continents and also involved rights owned by Mitsubishi Electric.

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Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer Bryson DeChambeau’s simple disparaging remarks could hurt his endorsement deals

JD Supra Law

Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical feats involving tons of preparation and organization. Pair that with the challenge of trying to prevent a full-blown outbreak of COVID-19 (and potential losses in the tens-of-billion-dollars range) in a densely populated country seeing a new surge of cases, and you have.

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More than 25 major companies take innovation diversity pledge

IAM Magazine

Businesses sign-up ahead of groundbreaking event organised by the US IP Alliance in conjunction with UC Berkley.

IP 52
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Ongoing Federal Telehealth Fraud Enforcement

LexBlog IP

In previous Med Law Blog posts, we have featured examples of increased enforcement in the telehealth area, including the recent creation of the National Rapid Response Strike Force, announced by the Department of Justice on September 30, 2020, and OIG Takedowns in the DME and telehealth arenas. Now, the OIG work plan includes at least 7 audits targeted at telehealth, identified in the attached PDF.

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Genentech’s troubles highlight biosimilar trade secret risks

IAM Magazine

Two founders of JHL Biotech have recently been indicted for conspiracy to steal trade secrets from the Californian company, while two other individuals pleaded guilty to similar charges.

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Wabash County Truck Repair Business Sued for Alleged Trademark Infringement

Indiana Intellectual Property Law

South Bend, Indiana – Apparently Triple LLL Truck Repair, Inc. , the Plaintiff, entered into an Asset Purchase Agreement (the “Agreement”) with Defendants, Triple LLL, Inc. (“Triple LLL”) and Maurice Long, in February 2012. Under the Agreement, Plaintiff purportedly purchased the assets of Triple LLL with the exception of Triple LLL’s cash, accounts receivable, motor vehicles not identified in the Agreement, and personal items of Mr.

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TTABlog Test: Is "BEAUTY SG" Primarily Geographically Descriptive of Cosmetics and Supplements?

The TTABlog

The USPTO refused to register the proposed mark BEAUTY SG for cosmetics and dietary and nutritional supplements [BEAUTY disclaimed as to cosmetics], on the ground that the mark is primarily geographically descriptive of the goods under Section 2(e)(2). Examining Attorney Chioma (Bata) Oputa contended that BEAUTY is descriptive of the goods and SG is "substantially synonymous" with Singapore.

Art 52
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Sisvel ties-up Oppo deal after multi-jurisdictional patent dispute settles

IAM Magazine

Pair bring to an end litigation that spanned three continents and also involved rights owned by Mitsubishi Electric.

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Do Ashok Kumar Orders Conform to Principles of Equity?

SpicyIP

We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing ‘Ashok Kumar’ injunctions as equitable reliefs. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad. . Recently the Delhi high court , in the case of Sony Pictures vs Sportsala Tv passed an order restraining and prohibiting over 50 defendants from streaming, broadcasting and making available any content over which the plaintiffs have copyright on their websites.

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