Wed.Jul 21, 2021

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Greece Adds OpenSubtitles to Its Pirate Site Blocklist

TorrentFreak

Pirate site blocking was a novelty ten years ago, but today it’s common practice in many countries. This is also true for Greece, where the first domains were targeted in 2018. These blocking requests are managed by the EDPPI, a special commission at the Greek Ministry of Culture and Sports that acts following complaints from rightsholders. The Greek system is different from that of many other countries because it doesn’t involve court oversight.

Licensing 120
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Contempt Order for Violating Injunction Not Immediately Appealable; Sanctions

Patently-O

by Dennis Crouch. Shure v. ClearOne ( Fed. Cir. 2021 ). I previously mentioned this appellate case and the oral arguments remarks by Chief Judge Moore suggesting that ClearOne file a motion for sanctions against Shure for bringing the appeal. Stinging Oral Arguments from Chief Judge Moore. At the district court, N.D. Ill. Judge Edmond Chang had issued a preliminary injunction prohibiting Shure from certain actions regarding its drop-ceiling microphone product.

Patent 119
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Den of Thieves

IPilogue

Photo Credits: Lavi Perchik (Unsplash). Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . In 2008, three former Motorola Solutions employees, Samuel Chia, Y.T. Kok, and G.S Kok, accessed more than 7,000 Motorola documents prior to joining Chinese rival company, Hytera Communications Corporation Limited (“Hytera Corp.”).

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Dealing with Counterfeits on E-Commerce Websites

Kashishipr

It is estimated that there are about 20 million e-commerce stores selling products on the internet globally today and generating more than one trillion USD in revenue. The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., with electronics, fashion, books, and tickets being the top categories for e-commerce.

Branding 105
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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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Four common myths about patent pools – and why they are wrong

IAM Magazine

The Long Read: Misunderstandings abound when it comes to pools and the markets that they serve. Sullivan & Cromwell’s Garrard R Beeney and Renata B Hesse take a scalpel to some of the most common misconceptions and expose how so-called ‘reforms’ could actually harm implementers.

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3D Printing Half-Year Report - Q2 2021

JD Supra Law

Is 3D printing the next litigation frontier? Litigation over 3D printing will become increasingly more prevalent as the technology becomes less expensive to build due to rising demand, some lawyers say. A federal court in Fort Lauderdale, Fla., heard arguments in a trademark and trade dress infringement case involving a car product replicated using 3D printer technology.

More Trending

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New Essay: “Five Things to Know About Section 230”

Technology & Marketing Law Blog

At the request of Centre for International Governance Innovation (CIGI), a Canadian think-tank, I wrote a short essay called “ Five Things to Know About Section 230.” It’s a brief-and-breezy overview of Section 230 to get Canadian readers up-to-speed on our wacky US laws. However, only one of the five things is Canadian-specific, so the essay should be of broad interest.

Blogging 132
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Something in the air

Likelihood of Confusion

It’s been a long while since I did a roundup of recent topical tweets here. That is not by any stretch of the imagination a good reason to do one. The post Something in the air appeared first on LIKELIHOOD OF CONFUSION™.

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Federal Circuit Invalidates Device Patent As Directed to an Abstract Idea

JD Supra Law

Nearly seven years after the landmark Supreme Court decision in Alice Corp. v. CLS Bank Int’l, subject matter eligibility for patent claims under 35 U.S.C § 101 remains a moving target. In Alice, the Court found claims for a computerized escrow arrangement ineligible for patenting because they were directed to the abstract idea of “intermediated….

Patent 62
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From the archives: knitalikes

43(B)log

Found going through old knitting magazines, a version of the "splurge or steal?" fashion spread for knitters: "Which One Is the Calvin?" Text: If you love the high style of designer originals but hate the high costs, this is the sweater set for you! The crisp cable detailing that decorates the genuine Calvin Klein is faithfully re-created in our version.

Designs 59
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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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Patent Linkage in China: up, running and with Chinese characteristics

JD Supra Law

As one of the most significant IP developments in China, the Fourth Amendment to the PRC Patent Law introduced patent linkage for pharmaceutical patent litigation in China. A full set of rules implementing the patent linkage system has finally been released and immediately came into force in the first week of July. Please see full Publication below for more information.

Patent 57
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Self Employment Deductions You Might Be Missing

Legal Zoom

Self-employment comes with many benefits — and a high tax rate. Learn what you can do to maximize your profits by minimizing your taxes.

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AI may be the solution to skyrocketing numbers of SEP declarations

IAM Magazine

The number of patents declared per years has almost tripled over the past 5 years. The volume of data is impossible for humans to analyse in a short time frame, but AI presents an exciting and affordable answer to this issue.

Patent 52
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A New Progress: China Issues Judicial Interpretation for Applying Punitive Damages in Intellectual Property Infringement Cases

LexBlog IP

Since 2013, China has gradually introduced the concept of punitive damages in the amendments to several laws on intellectual property rights, in which the elements of punitive damages were also stipulated, namely the infringement has to be “intentional” or “malicious” and “serious” In 2020, the Civil Code was officially adopted, and it stipulates that the award of punitive damages may only be considered where the infringed party has specifically request for th

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AI may be the solution to skyrocketing numbers of SEP declarations

IAM Magazine

The number of patents declared per years has almost tripled over the past 5 years. The volume of data is impossible for humans to analyse in a short time frame, but AI presents an exciting and affordable answer to this issue.

Patent 52
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First Patient Dosed with Stelara® biosimilar in Bio-Thera Solutions’ Phase III Clinical Trial for Moderate to Severe Psoriasis

LexBlog IP

Last week, Bio-Thera Solutions announced that a first patient has been dosed in its Phase III clinical trial study for ustekinumab biosimilar BAT2206. Stelara® (ustekinumab) is marketed by Johnson & Johnson Corp. for the treatment of moderate to severe plaque psoriasis, active psoriatic arthritis, moderate to severe active Crohn’s disease and moderately to severely active ulcerative colitis.

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Revisiting Copyright law and Artificial Intelligence – Part 2

Selvam & Selvam Blog

In the part one of this article, here, we discussed about the general understanding of AI divided as ANI and AGI, ANI’s adoption and influence in the copyright law, and complexities arising out of the adoption of ANI while generating copyrightable works. Further, let us understand the intricacies involved in the examination of ANI. What could happen if ANI generated works are granted copyright protection, and other complexities that could arise if ANI is left unsupervised.

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Location Data Results in Resignation of High-Profile Church Official

LexBlog IP

Location data is data that marks the longitude/latitude location of a smartphone or other device at a particular time, or over a period of time. It works like this: each day our device, which has a unique identifier or ID, uses or connects to multiple location signals, like GPS, Wi-Fi, Bluetooth, cell towers or other external location signals. Each location signal combined with an identifier permits you to plot the location of the device at a particular time, and the movement of the device over

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On the wrong track, as usual

Likelihood of Confusion

Jews for Jesus, the sleazy, misleading missionaries who crawl over Manhattan each summer, had to back off from their use of the MTA’s world-famous symbols. No they didn’t! Okay, I’m. The post On the wrong track, as usual appeared first on LIKELIHOOD OF CONFUSION™.

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A Guiding Light for the Research Safe Harbor and “Research Tools”?

JD Supra Law

Allele v. Pfizer – The Basics. On April 23, 2021 Pfizer, Inc., BioNTechSE, and BioNTech US, Inc. (“Pfizer and BioNTech”) filed a joint reply supporting of their previously filed motion to dismiss a patent infringement complaint filed by Allele Biotechnology and Pharmaceuticals, Inc. (“Allele”) in the Southern District of California.

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Signing Contracts as a Representative May Lead to Individual Liability

LexBlog IP

Tharunidhar Narravula et al v. Perosphere Technologies, Inc. et al , Index No. 900410-21, Supreme Court, Albany County. In Narravula v. Perosphere Tech. , 2021 NY Slip Op 50510(U) (Sup. Ct. Albany Cnty. 2021), Justice Richard M. Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed.

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The FDA’s Purple Book

JD Supra Law

As we previously reported, the “Consolidated Appropriations Act” enacted in December of last year contained a provision that required FDA to create a searchable, electronic database of biologics and to update it with patent information provided to an applicant during the patent dance.

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GOYA Fails to Submit Evidence On Time, TTAB Dismisses Opposition to GOLA FOODS for Health Food Supplements

The TTABlog

The Board dismissed this Section 2(d) and 43(c) opposition to registration of the mark GOLA FOODS for "health food supplements" because opposer Goya Foods failed to submit its evidence on time. The Board, however, went on to decide Goya's likelihood of confusion and dilution claims on the merits, in case a reviewing court disagrees with the Board's finding that all of Goya's evidence was not timely submitted.

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From Soup to Nuts: A Round-Up of Legal Guidance for Food & Beverage Companies

JD Supra Law

The Los Angeles area is home to iconic food innovators, family-run restaurants of every ethnic stripe, and competition-winning restaurateurs. A successful restaurant or food and beverage company is also a business enterprise associated with high risks, hard-earned rewards, and the need to comply with numerous federal and state regulations. Our Restaurant, Food & Beverage Law Group provides trends to assist you with your growing business.

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What are allowable claims?

Patent Trademark Blog

What are allowed or allowable claims in a utility patent application? The goal of filing a utility patent application is to get an allowance of claims with reasonably broad scope. If you have received a Notice of Allowance or Office Action identifying certain allowable claims, then congratulations. That is no small feat. But, the patent journey might not stop there.

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Has TCL become the latest Ericsson licensing sign-up?

IAM Magazine

The two companies settled long-running patent litigation in the same week as the Swedish company’s CEO and CFO announced a new, unnamed licensee.

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Europe SEP initiative highlights company differences

Managing IP

SEP owners and implementers are split on how they want the European Commission to draft a framework for a fairer licensing system

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Supreme People’s Court promulgates judicial interpretation on patent linkage litigation

IAM Magazine

China’s new judicial interpretation features substantial amendments in terms of the right of action, the materials for filing the case, grounds of defence and the damages regime.

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Europe SEP initiative highlights company divisions

Managing IP

SEP owners and implementers are split on how they want the European Commission to draft a framework for a fairer licensing system

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Supreme People’s Court promulgates judicial interpretation on patent linkage litigation

IAM Magazine

China’s new judicial interpretation features substantial amendments in terms of the right of action, the materials for filing the case, grounds of defence and the damages regime.

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The FDA’s Purple Book

LexBlog IP

As we previously reported , the “Consolidated Appropriations Act” enacted in December of last year contained a provision that required FDA to create a searchable, electronic database of biologics and to update it with patent information provided to an applicant during the patent dance. As of the effective date of June 25, 2021, the FDA’s Purple Book is now live, and provides a searchable database of licensed biological products , including the patent information provided by the

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Tough decisions at the EPO: balancing parameter clarity with protecting innovation

IAM Magazine

EPO practice is notoriously strict on the clarity of parameters. While a more applicant-friendly approach is possible, it may allow claims with ambiguous parameters to be granted, which could cause confusion for third parties.

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Pleading Infringement does not Require Claim Element-by-Element Infringement Pleadings and Proving Internet Publications that are Prior Art

CoCal IP Law Institute

Pleading Infringement does not Require Claim Element-by-Element Pleadings and Proving Internet Publications that are Prior Art Our weekly SoCal IP Institute meeting on Monday, July 26, 2021 will be a presentation by Angelo Gaz and discussion of a CAFC finding that pleading infringement does not require claim chart level assertions and a PTAB finding that [.].

Art 40
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Four common myths about patent pools – and why they are wrong

IAM Magazine

The Long Read: Misunderstandings abound when it comes to pools and the markets that they serve. Sullivan & Cromwell’s Garrard R Beeney and Renata B Hesse take a scalpel to some of the most common misconceptions and expose how so-called ‘reforms’ could actually harm implementers.

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What Are Prepaid Expenses?

Legal Zoom

Why are prepaid expenses considered assets? Prepaid expenses are recorded as an asset on a business's balance sheet because they signify a future benefit that is due to the company.