Tue.Mar 15, 2022

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Trying to Understand the Motives of ‘The Spine Collector’

Plagiarism Today

Myself, like many others that read news about the publishing industry, have been following the off-and-on of a person known as The Spine Collector. . Though the name originates from an August 2021 article by Reeves Wiedeman and Lila Shapiro in Vulture , many reporters had written about the story well before that, including an October 2018 article in Publishers Weekly and a December 2020 article by the New York Times.

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New Tools and Procedures Under the Trademark Modernization Act

Erik K Pelton

I recently gave a presentation regarding the Trademark Modernization Act. Since the material was very well received, I thought it would be useful to share my slides more widely here: New Tools and Procedures Under the Trademark Modernization Act from erikpelton. Trademark Modernization Act. Background. Expungement. Re-examination proceedings. Letters of protest.

Trademark 147
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3 Count: Suspended Domains

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Village Roadshow’s Legal Battle Against Warner Bros. Can Proceed, Judge Says. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Village Roadshow has notched a minor victory in its fight against Warner Bros. over Warner’s alleged mishandling of several of its films.

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Court Overturns ‘Pirate’ IPTV Prison Sentences Due to Unenforceable Copyrights

TorrentFreak

Online piracy exists in many shapes and forms. Torrent sites were dominant a decade ago, but these have long been eclipsed by streaming portals. IPTV services have grown in popularity as well. In some cases, these offer access to live sports and TV programming without the permission of rightsholders. A few years ago, Advanced TV Network (ATN) was a dominant player in the Swedish IPTV market.

Copyright 140
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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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Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

IP Watchdog

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively “Moderna”) in the United States District Court for the District of Delaware. The plaintiffs have alleged that Moderna infringed U.S.

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PrimeWire Removes Pirate Movies & TV Shows To Frustrate Court Injunctions

TorrentFreak

Last December, Paramount, Universal, Warner, Columbia, Disney and Netflix sued long-running pirate streaming site PrimeWire. The companies accused PrimeWire of encouraging users of the site to upload links to pirated content and facilitating access to those movies and TV shows via a curated index, in breach of copyright. According to the plaintiffs, VOD services such as Disney+, HBO Max, Hulu, Netflix, Paramount+, and Peacock have been damaged by PrimeWire’s existence.

Copyright 138

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Tillis Forges Ahead with Effort to Create a Unified IP Office

IP Watchdog

In January of this year, Senator Thom Tillis (R-NC) sent a letter to Matthew Wiener, Acting Chairman of the Administrative Conference of the United States (ACUS), and Todd Rubin, ACUS Counsel for Congressional Affairs, asking that the ACUS “conduct a study on whether Congress should create a unified, stand-alone, and independent Intellectual Property Office.

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Can Apple Revolutionize the Prescription Glasses Market as a New Patent Suggests?

IPilogue

Photo by Pixabay ( Pexels ). . Andrew Masson is an IPilogue writer and a 1L at Osgoode Hall Law School. . As a huge fan of science fiction and integrating technology with daily life, a recent Apple patent has piqued my interest. Although Apple seems to be under constant speculation, their patent Tunable and foveated lens systems (US patent 11086143) suggest the highly-speculated Apple Glasses with augmented reality (AR) functionality may have legs.

Marketing 120
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CAFC Delivers Guidance on Presumption of Obviousness, Negative Claim Limitations in Win for Generic Drugmaker

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on Monday that the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) correctly held certain claims of Almirall, LLC’s U.S. Patent 9,517,219 for an acne treatment invalid as obvious. Almirall appealed the PTAB’s final decision in IPR2018-00608, in which the Board had found that the ‘219 patent, which covers methods of treating acne or rosacea, would have been obvious over the prior art at the time of invention.

Invention 116
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Photographer Says NFTs Transformed her Struggling Business; Now She Wants to Help Other Creators

IP Close Up

Brittany Pierre was living in Chicago in 2020, living pay-check-to pay-check as a photographer and ducking the pandemic. She had difficulty paying her rent, groceries Continue reading.

Business 107
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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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Creator Spotlight with Artist/Animator Xaviera López

Copyright Alliance

This week we’d like to introduce you to artist and animator Xaviera López. You can follow Xaviera on Instagram, Twitter, or Facebook. 1. What was the inspiration behind becoming a […]. The post Creator Spotlight with Artist/Animator Xaviera López appeared first on Copyright Alliance.

Copyright 104
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NFTs and NILs: 4 Considerations for Athletic Departments as New Opportunities for Athletes Explode

JD Supra Law

Name, image, and likeness (NIL) legislation for college athletes has changed the landscape for college athletic departments and conferences alike, allowing student-athletes to receive compensation on their own personal brand. Adding to the host of new and unique compliance obligations is the meteoric rise of non-fungible tokens (NFTs) as a popular new way for student-athletes to connect with their fans.

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In One Of PTAB's Last CBM Rulings, Hulu Gets Patent Axed

IP Law 360

In one of the Patent Trial and Appeal Board's final covered business method review decisions, the board found that Hulu showed that 57 claims in a SITO Mobile Ltd. media routing patent are invalid as abstract under the U.S. Supreme Court's Alice decision.

Patent 98
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Hero’s Rights - Chapter 1

JD Supra Law

Many of us grew up reading comic books, watching cartoons Saturday mornings and/or after school, and we are currently in Phase Two of the most ambitious and successful cinematic project of all time: The Marvel Cinematic Universe. And DC makes movies too.

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Erie Doctrine, General Principles, and Running-Out the Clock

Patently-O

by Dennis Crouch. Nippon Shinyaku Co. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2022) ( en banc petition pending ). After a failed negotiation, Sarepta petitioned for Inter Partes Review of Nippon Shinyaku’s patents. But, the two parties had a prior agreement to litigate patent disputes in Delaware courts (i.e., not before the PTAB). After Sarepta petitioned for IPR, Nippon Shinyaku responded with an action in Delaware Federal Court for breach of contract seeking a preliminary injunction

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2021 PTAB Year in Review: Analysis & Trends: Case Studies and Trends at the PTAB Involving 35 U.S.C. § 112

JD Supra Law

Over the last 20-plus years, US Court of Appeals for the Federal Circuit cases concerning written description and enablement have become a hot-button issue in the chemical and life sciences practices. The year 2021 was no different, with Amgen v. Sanofi (enablement) decided in February and Juno v. Kite (written description) decided in August. Both Amgen and Juno involved genus claims with functional language, and both cases seemingly exacerbated the uphill battle for patent applicants and.

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TTABlog Test: How Did These Three Recent Section 2(d) Proceedings Come Out?

The TTABlog

Here are three recent decisions in Section 2(d) proceedings: two oppositions and one cancellation. Can you guess how they came out based on the minimal information I have provided? [Answer in first comment]. Sean Stevens v. Valino Tires USA LLC , Cancellation No. 92073974 (February 28, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson). [Petition for cancellation of a registration for the mark VALINO & Design for "tires; tires for land vehicles; tires for vehicle wheels; automobi

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Judge Nixes 2 Patent Claims In Ameranth Suit

IP Law 360

A California federal judge has invalidated two claims in an online menu patent asserted against a variety of companies like Live Nation and Best Western, saying the claims were not inventive enough to warrant patent protection.

Patent 75
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Russia Suspends Compulsory License Payments for Some Non-Russians

IP Tech Blog

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents. In particular, the decree (translated from Russian) states: “With respect to patent holders associated with foreign states who commit unfriendly actions against Russian legal entiti

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4 Ways To Preserve Confidentiality Of Litigation Funding Docs

IP Law 360

Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

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Companies Face Impact of U.S. Government Sanctions and Russian Government Directive on Russian and Eurasian Patents

JD Supra Law

Government actions related to Russia's invasion of Ukraine have had a wide range of impacts on innovative U.S.-based companies. Over the past few days, several changes have arisen which directly relate to the holders of patent rights in Russia. With a population of over 140 million, Russia has historically represented a substantial market for innovative companies, which have sought and obtained patent protection in Russia over wide-ranging innovations.

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Garland Strengthens Public Access To Government Docs

IP Law 360

Attorney General Merrick Garland on Tuesday told federal government agencies to favor disclosure and transparency when responding to Freedom of Information Act requests, saying the U.S. Department of Justice won't defend the withholding of records unless the disclosure comes with foreseeable harm.

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Copyright Review Board – non-human authors not allowed

LexBlog IP

On February 14, 2022, the Review Board of the United States Copyright Office (the “Board”) refused copyright registration (for the second time) of a two-dimensional artwork entitled “A Recent Entrance to Paradise.” Although the work was an original work fixed in a tangible medium of expression, the Board found that it could not be registered due to a lack of human authorship.

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There are no bad patents.

Likelihood of Confusion

Only bad PTO examiners? Okay, in any event, here’s the obligatory link to Wired magazine’s “Patently Bad Ideas,” via Boing Boing. Originally posted 2007-04-24 12:12:17. Republished by Blog Post Promoter. The post There are no bad patents. appeared first on LIKELIHOOD OF CONFUSION™.

Patent 52
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How to Protect a Trademark as Collateral on a Loan (Part 2)

LexBlog IP

Welcome back to the world of Secured Transactions and IP! A quick refresher from last week (link last week’s post?): lenders engage in “secured transactions” with a borrower who has put up collateral against that loan which has become enforceable. The lender can possess and sell that collateral if the borrower defaults should that lender have the highest priority on the collateral.

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PTAB Institutes Another IPR on a Tocilizumab Patent Challenged by Fresenius

JD Supra Law

On March 3, 2022, the PTAB instituted another inter partes review of U.S. Patent Nos. 8,580,264 (“the ’264 patent”), owned by Chugai and Roche. Fresenius filed a petition for inter partes review of the ‘264 patent, challenging claims 4, 5, and 12, directed to methods of treating rheumatoid arthritis by subcutaneously administering tocilizumab. The PTAB indicated that it found that Fresenius had established a basis for institution on the two grounds it substantively addressed, and therefore.

Patent 52
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Women’s History Month Spotlight: Rosalyn Yalow

LexBlog IP

Big Molecule Watch honors Women’s History Month by recognizing the women who have contributed to the advancement of biologics and biosimilars. We highlight one such individual, Rosalyn Yalow, who received a Nobel Prize for Physiology or Medicine [can add link to nobel website] in 1977 for her work on radioimmunoassay. Dr. Yalow, together with her research partner, Solomon Berson, developed the technique for using radioactive isotopes to quantify minute amounts of biological or pharmacologi

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Federal Circuit Patent Watch - March 2022 #2

JD Supra Law

Precedential Federal Circuit Opinions - DBN HOLDING, INC. v. ITC [OPINION] (2020-2342, 3/1/22) (Moore, Newman, Reyna) - Reyna, J. Affirming ITC’s decision to not modify a civil penalty. Defendant argued that the previously imposed civil penalty should be modified or set aside because the asserted claims were subsequently invalidated.

Patent 52
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Multi-Level Marketing Company Sufficiently Alleges Reasonable Efforts Despite Posting Trade Secret Materials to Thousands

LexBlog IP

Last week, the Western District of Washington concluded that a multi-level marketing beauty company sufficiently alleged that it exercised reasonable efforts to maintain the secrecy of its training materials, and network salespeople and contact lists, despite the salespeople using their personal Facebook accounts, and despite making the training materials available to a Facebook group comprising thousands of members.

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ITC Monthly Wrap-Up: February 2022

JD Supra Law

The Consequence of Being in Default - This month’s ITC wrap-up reviews the Commission’s Opinion In the Matter of Certain Vacuum Insulated Flasks and Other Components Thereof, Investigation No. 337-TA-1216, wherein the Commission issued a General Exclusion Order (“GEO”) regarding three design patents and three trademarks.

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Boardside Chat On PTAB Operations

LexBlog IP

How the PTAB Ticks This Thursday! Do you want to learn more about the inner workings of the Patent Trial and Appeal Board (PTAB)? Hello!!… what IP nerd doesn’t!? If so, the next PTAB Boardside Chat webinar will really spin the propeller on your cap. This Thursday, March 17, from noon to 1 p.m. ET, the agency discusses its Board Operations Division.

IP 52
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AutoStore Kicks Off Ocado Patent Trial Denying IP Disclosure

IP Law 360

AutoStore kicked off its patent trial against Ocado on Tuesday by arguing that Russian law cannot be imposed to short-circuit claims by the Norwegian robotics company that the grocery delivery giant allegedly infringed its intellectual property.

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Russia Suspends Compulsory License Payments for Some Non-Russians

LexBlog IP

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents. In particular, the decree (translated from Russian) states: “With respect to patent holders associated with foreign states who commit unfriendly actions against Russian legal

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Full Fed. Circ. Told To Take Crack At Split Narcan Ruling

IP Law 360

The owner of the opioid overdose medication brand Narcan accused a split federal appeals court of inventing a "new standard" for using older inventions to invalidate patents and wants the full appeals court to reject it.

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[Webinar] PTAB Analysis, Trends, and Forecast: Fintiv and Discretionary Denials - March 21st, 1:00 pm - 2:00 pm EDT

JD Supra Law

Sterne, Kessler, Goldstein & Fox invites you to the webinar, "PTAB Analysis, Trends, and Forecast: Fintiv and Discretionary Denials," on Monday, March 21, 2022, from 1:00 to 2:00 PM (EDT). In conjunction with the release of the firm's year-in-review report, this webinar will discuss Fintiv, which continues to be one of the most controversial issues facing the patent bar, and reviews how the PTAB is increasingly using its discretion under 35 U.S.C. § 325(d) in recent years.