Thu.Dec 15, 2022

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Update: Trademark Backlog at the USPTO

Erik K Pelton

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. As of May 2022, the backlogs are worse. I predicted that they would get worse before they get better, but hopefully we’re close to the peak worse backlog, and soon will see improvement.

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The Bill C-18 Fallout: Liberal MP Lisa Hepfner Equates Linking to News Articles on Facebook to Theft

Michael Geist

Last month, Liberal MP Lisa Hepfner shocked Canadian online news outlets by stating that “ they’re not news.They’re not gathering news. They’re publishing opinion only.” The comments sparked instant criticism from news outlets across the country, leading Hepfner to issue a quick apology. In the aftermath of the comments, Hepfner said nothing for weeks at Heritage committee studying Bill C-18.

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Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

This post is the third and final instalment in the “Africa IP Highlights 2022" series of posts highlighting some of the key developments in IP in Africa in 2022. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2022 is the result of collaboration between myself and and Doreen Adoma Agyei and Clarisse Mideva.

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Author Talks: The simple way to get more great ideas

McKinsey Operations

Stanford’s Jeremy Utley proposes approaching creativity with a “begun” mentality, where innovation is incorporated into daily practice instead of occurring only in sprints.

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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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Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242

The Trichordist

We have a chance to make history today––the American Music Fairness Act, our bi-partisan congressional bill, is on the runway to pass but we need the support… Read more "Urgent call to action! Call @SenatorLeahy to Support the American Music Fairness Act (202) 224-4242".

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Pirate IPTV Services Generate Over €1 Billion Per Year in Europe

TorrentFreak

In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. While there are plenty of legal streaming options available, there’s also a broad offer of IPTV services that are specifically set up to deliver content but without permission from rightsholders. €1 Billion Pirate IPTV Revenue. These high-quality pirate IPTV services are often sold through monthly or yearly subscriptions.

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Drake and 21 Savage May Have More (Legal) Issues Than Vogue

IPilogue

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. This follows Vogue’s controversial lawsuit asking a small English pub called “The Star Inn at Vogue” to change its name.

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AI for medtech commercial growth: Five missteps to avoid

McKinsey Operations

Medtech companies are looking to AI and advanced analytics to help retool their commercial models to meet customers’ evolving expectations—but common misunderstandings can delay progress.

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The CCB at Six Months: What We Have Learned About the CCB So Far

Copyright Alliance

Today marks six months since the U.S. Copyright Office launched the Copyright Claims Board (CCB)—the small copyright claims court established by the Copyright Alternative in Small-Claims Enforcement (CASE) Act. Although […]. The post The CCB at Six Months: What We Have Learned About the CCB So Far appeared first on Copyright Alliance.

Copyright 101
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USPTO Announces Cancer Moonshot Expedited Examination Program

JD Supra Law

​​​​​​​The U.S. Patent and Trademark Office (“USPTO”) published a Notice in the Federal Register announcing a new pilot program entitled, “Cancer Moonshot Expedited Examination Pilot Program” (the “Cancer Moonshot Program”) (87 Fed. Reg. 75608 (December 9, 2022)) (the “Notice”) to attempt to further accelerate innovation in the health and medical fields.

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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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District Court Finds Ten-Month Delay in Filing Wants Denial of TRO

The IP Law Blog

In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon) , Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary restraining order (“TRO”) and cited the Plaintiff’s ten-month delay in filing suit as the primary reasoning for denying the TRO. On December 5, 2022, Plaintiff Shenzhen Chengront Technology Co., Ltd (“Plaintiff”) brought suit against Defendants Besign Direct and Shenzhen JianYi KeJ

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Top Section 101 Patent Eligibility Stories of 2022

JD Supra Law

You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year.

Patent 98
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Yes, Virginia, domain names do matter

Likelihood of Confusion

That’s one thing I learned at the New York Intellectual Property Law Association’s “Hot Topics in” all kinds of stuff CLE seminar last Wednesday, July 17th, from Marty Schwimmer. I. The post Yes, Virginia, domain names do matter appeared first on LIKELIHOOD OF CONFUSION™.

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Into the storm: CFOs pivot to managing financial headwinds

McKinsey Operations

The latest McKinsey Global Survey shows that CFOs have been reshuffling priorities as the global economy grapples with a slew of financial risks.

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The Data Quality Imperative: The Critical Importance of Data Quality

Velocity of Content

This is a summary of a pre-print article my team has written on this topic (with supporting data and references); it is accessible at biorxiv. In “ Knowledge Graphs as Belief System Encapsulations ,” I presented the view that “knowledge must necessarily be associated with a degree of confidence that expresses the strength of our conviction about the accuracy of the information.”.

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Bridging the financial gap: How Asia can unlock its sustainability agenda

McKinsey Operations

Blended and innovative financial solutions, collaboration, clear standard setting, and careful documentation are vital to hasten Asia’s net-zero transformation, says Marisa Drew.

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Record Companies Hit Optimum With Billion Dollar BitTorrent Piracy Lawsuit

TorrentFreak

ISPs in the United States service millions of subscribers who use the internet as they see fit. At least in principle, ISPs are not responsible for subscribers’ behavior, but circumstances can dictate otherwise. Copyright law states that ISPs must terminate the accounts of subscribers repeatedly flagged as copyright infringers. These customers are typically BitTorrent users, so when their ISP receives multiple complaints of unlawful file-sharing, the ISP is required to terminate their acco

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Texas Appeals Court Axes Anti-SLAPP Fee Award In IP Fight

IP Law 360

A Texas appeals court has struck down a grant of $260,000 in attorney fees in a dispute over a purportedly frivolous bid by a health care company owner to apply the state's anti-SLAPP law to claims that he conspired to steal confidential information from a rival business.

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The Tech:Forward recipe for a successful technology transformation

McKinsey Operations

Successful transformations rely on mastering the complex set of interdependencies between systems and initiatives.

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Pigeon Photo Lands $1.2M Copyright Verdict In Calif. Court

IP Law 360

A federal jury in Los Angeles spent three days deciding that a company that sells spikes meant to repel birds called Bird B Gone owes $1.2 million to a photographer whose image of a pigeon the business had been allegedly using for over a decade without paying for it.

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Excellence in petrochemicals: What it will take to win

McKinsey Operations

A full-potential transformation could prepare petrochemical players for challenging market conditions.

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IP Leader Franklin Pierce Boycotts US News Rankings

IP Law 360

Megan Carpenter, dean of the Franklin Pierce School of Law at the University of New Hampshire, announced Thursday that the school would no longer participate in U.S. News & World Report's "seriously flawed" law school rankings.

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CAFC Grants Mandamus for Amazon, Ordering Albright to Transfer to Colorado

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today granted Amazon, Inc.’s petition for a writ of mandamus asking that Judge Alan Albright of the Western District of Texas be directed to sever claims brought by Flygrip, Inc. against it from claims made against another defendant and to transfer the case to a Colorado district court. Flygrip sued Amazon for direct and indirect patent infringement based on resale on Amazon’s platform of handheld-device cases manufactured by PopSockets, O

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YouTube Piracy Judge Says Composer's Cert. Bid Premature

IP Law 360

A California federal judge Thursday rebuffed a Grammy-winning composer's request to certify classes of content owners on claims YouTube encourages piracy of uploaded videos by removing copyright management information, saying the motion is premature and his forthcoming order on summary judgment efforts could help the parties reach a resolution.

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Is More Big Change Afoot in the Western District of Texas’ Patent Docket?

JD Supra Law

In sharp contrast to the extreme fanfare that followed Chief Judge Orlando Garcia’s July 25, 2022, “Order Assigning the Business of the Court as it Relates to Patent Cases” randomly assigning all new patent cases filed in the Waco Division of the Western District of Texas, the patent bar has been relatively quiet regarding Garcia’s November 15, 2022, “Amended Order Assigning the Business of the Court” arguably negating his surprising July 25 order.

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Non-Streaming Music Royalty Rate Jumps To 12 Cents Jan. 1

IP Law 360

The royalty rate for physical music — like records and CDs — as well as permanent downloads and ringtones will jump from 9.1 cents to 12 cents per track on Jan. 1, according to a Copyright Royalty Board rule filed Thursday and slated to be published Friday in the Federal Register.

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Driving growth while decarbonizing: A conversation with E.ON’s Patrick Lammers

McKinsey Operations

The COO of customer solutions for one of Europe’s leading energy providers explains how he fosters growth during a historic, industrywide transition to renewable power.

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A "Driver" in Claim Construction: Claim Differentiation and Intrinsic Evidence in the Specification Are Important Factors for Defining Language in a Claim

LexBlog IP

In AMP Plus, Inc. v. DMF, Inc. , No. 21-1595 (Fed. Cir. Nov. 10, 2022), the Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“the Board”) decision that claim 17 was anticipated and that the remaining challenged claims were not unpatentable as obvious. The Board also vacated and remanded the decision by the Board that independent claim 22 was not unpatentable for obviousness, ruling that the Board had failed to explicitly address the patenta

Patent 52
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Court comes to the rescue of patent applicants – Extensions of deadlines in exceptional circumstances.

Selvam & Selvam Blog

As patent lawyers, meeting deadlines can be crucial to the success of a patent application. Two of the most important deadlines one needs to be aware of while prosecuting patent applications in India are the deadline for filing a request for examination and the deadline for filing a response to the first examination report. While it is possible to get a limited extension for filing a response to the first examination report, no extension of time is currently available for filing a request for ex

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How Mariah Carey Lost the Desired “Queen of Christmas” Trademark

LexBlog IP

Mariah Carey is denied the “The Queen of Christmas” trademark, but she is still a Queen. The post How Mariah Carey Lost the Desired “Queen of Christmas” Trademark appeared first on Legal Business Global.

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PTO Announces Cancer Moonshot Expedited Examination Pilot Program

JD Supra Law

On December 8, 2022, the US Patent & Trademark Office (PTO) announced the launch of the Cancer Moonshot Expedited Examination Pilot Program (Cancer Moonshot Pilot). This program begins on February 1, 2023, and replaces the Cancer Immunotherapy Pilot Program.

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District Court Finds Ten-Month Delay in Filing Wants Denial of TRO

LexBlog IP

In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon) , Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary restraining order (“TRO”) and cited the Plaintiff’s ten-month delay in filing suit as the primary reasoning for denying the TRO.

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5 Key Takeaways - PTAB Update: The Waning Impact of Fintiv on Discretionary Denials

JD Supra Law

Institution is Discretionary - 35 USC §§ 314, 324 provide that the Director “may not authorize” a PTAB proceeding “unless” the petition shows that there is a “reasonable likelihood” (for IPR) or that it is “more likely than not” (for PGR) that Petitioner will prevail on at least one claim. As such, the decision to institute a PTAB proceeding is discretionary.

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17th Public Commission Meeting – The FTC is Finally Seeing Green?

LexBlog IP

Nothing says Holiday Season like the final public Federal Trade Commission meeting of the very long year. The lights are hung, joy is sort of in the air and we turn to our four commissioners for even more holiday cheer. Well actually, this week there were just three – Commissioner Wilson was not in attendance today. We, of course, would never miss joining today’s (or any other month’s) festivities, lest to let down our dear readers who rely on us to report on all the tea events

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UK - Retained EU Law Bill and intellectual property

JD Supra Law

The Retained EU Law (Revocation and Reform) Bill 2022-2023 was introduced on 22 September 2022, with the aim of repealing, amending or revoking certain EU law that was retained on Brexit, by the end of 2023. The Bill has the potential to impact a wide range of UK intellectual property rights. In this article we summarize the impact of the Bill for UK intellectual property and what to expect next.