Wed.Nov 03, 2021

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Pirates Seem Happy to Trust Applinked But Caution May Be Advised

TorrentFreak

Back in June, the hugely popular Filelinked service, which enabled Amazon Fire TV users to easily install piracy-related apps, disappeared in mysterious circumstances. It was later revealed that the shutdown followed legal pressure from the Alliance for Creativity and Entertainment, which objected to the tool’s ability to act as an unofficial marketplace for piracy-focused apps.

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UK IPO’s first AI-powered tool for trade mark applications

The IPKat

As Tim Moss (CEO of the UK IPO) mentioned in his interview with the IPKat , one of the exciting opportunities for the future of artificial intelligence (AI) and intellectual property is using AI to improve the process of applying for IP, such as the their trade mark pre-apply service. Below, the UK IPO tells us more about the pre-apply service, their plans for future use of AI and how to take part in their research.

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OnlyFans ‘Models’ Drop Piracy Liability Lawsuit Against Cloudflare

TorrentFreak

Last year, Texas-based model Deniece Waidhofer sued Thothub for copyright infringement after the site’s users posted many of her ‘exclusive’ photos. Soon after the complaint was filed at the federal court Thothub went offline. This prompted Waidhofer to change priorities. In an amended complaint Waidhofer shifted the focus to third-party services such as Cloudflare.

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Copyright and Translated Content: Who is the Creator?

IP Watchdog

Copyright law protects artistic works. That includes literary pieces like novels, poems and other literary pieces. The original author is the one who owns the copyright of the piece. Translation raises an interesting question when it comes to copyright. Who will own the copyright of the translated work? Does it belong to the individual translator, the translation company, or to the author of the original work?

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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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Facebook fights back against the FTC, claiming it is not a monopoly

IPilogue

Photo by Brett Jordan ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School . . On October 4, 2021, it was publicized that Facebook Inc. asked a judge to dismiss the U.S Federal Trade Commission’s (FTC) antitrust case that aims to force Facebook to sell Instagram and WhatsApp.

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BREAKING: Latest Judicial Picks Include Biden's First For Federal Circuit

IP Law 360

President Joe Biden unveiled 9 new federal judicial nominees Wednesday, including his first nominee for the Federal Circuit and district judge picks for California, Maryland, New Jersey and Nevada.

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PTAB’s Structure and Funding Pass Due Process Muster

JD Supra Law

On October 13, in Mobility Workx v. Unified Patents, LLC, the Federal Circuit rejected a series of due process challenges to the structure of the Patent Trial and Appeal Board (PTAB), leaving the PTAB to continue with business as usual. The court held that the structure and funding of the PTAB do not violate constitutional guarantees of due process based on (a) the fee-generating structure of the PTAB, (b) the alleged financial interests of the PTAB judges, and (c) the Director’s delegation of.

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CCC Now Offering Semantic Search Capability Within RightFind Navigate Through Partnership with SciBite

Velocity of Content

Pharmaceutical and life science companies must keep current with the latest biomedical research relevant to their own therapeutic programs. However, the accelerating amount of data generation and increasingly diverse range of sources can make it challenging to maintain a comprehensive and up-to-date understanding. Through semantic enrichment in RightFind Enterprise, now extended to RightFind Navigate via a partnership with SciBite, users can locate relevant data beyond just the specific words us

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How to successfully navigate exclusions in Russian patent law

IAM Magazine

While Russian patent law identifies which objects are excluded from patentability, not all exclusions are straightforward. A deep dive into a recent case study provides useful guidance for this murky area.

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More to Facebook rebrand than meets the eye: sources

Managing IP

Lawyers delve into the trademark strategy for Facebook’s Meta rebrand and explain why it might get away with having such an indistinctive name

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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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Fed. Circ. Doubts Do-Over Warranted In MV3's IP Loss

IP Law 360

A Federal Circuit panel on Wednesday seemed unwilling to undo a jury verdict clearing Roku of claims it infringed MV3's streaming media technology patent in a suit seeking $41 million even though one judge said U.S. District Judge Alan Albright may have abused his discretion by allowing certain testimony during trial.

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Biden Names Delaware Judge Leonard Stark to Replace O’Malley on CAFC

IP Watchdog

President Joe Biden today announced that Judge Leonard Stark of the United States District Court for the District of Delaware is his latest nominee for the U.S. Court of Appeals for the Federal Circuit (CAFC). Stark will replace CAFC Judge Kathleen O’Malley, who announced on July 27 this year that she will retire, leaving a vacancy on the court as of March 11, 2022.

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Best Practices For Hiring And Integrating Freelance Lawyers

IP Law 360

Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

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Who leads the 5G patent race as 2021 draws to the end?

IAM Magazine

The very latest figures on 5G declared patent families provides a crucial snapshot of a fast-evolving space and reveals which companies are pulling ahead.

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Voip-Pal Can't Dodge Twitter Declaratory Judgment IP Suit

IP Law 360

A California federal judge has refused to toss Twitter's suit asking the court to confirm that the company was not infringing a Voip-Pal.com call-routing patent, rejecting the patent owner's jurisdictional arguments.

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Counterfeiting Under Section 2318

JD Supra Law

Counterfeit and Illicit Labels Under Section 2318 - Much like the Copyright Act, 18 U.S.C. § 2318 is a criminal statute designed to protect creative works. It prohibits knowingly trafficking in counterfeit or illicit labels, or counterfeit documentation and packaging for protected classes of copyrighted works. Section 2318 is not, however, a pure copyright statute—it provides protections that vary from those under the Copyright Act and the Trademark Counterfeiting Act.

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Rospatent exam divergence leaves design owners to foot the bill

Managing IP

Counsel discuss divergent design examination practices at Rospatent and say they cause applicants to seek more costly routes to achieve registration

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PTAB Permits Incorporation by Reference in Expert Declaration

JD Supra Law

The first step in requesting an inter partes review (IPR) of a granted patent is the filing of a petition before the Patent Trial and Appeal Board (PTAB), in which the petitioner states the grounds for the invalidity of the patent. .

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Will New Income Reporting Have Any Meaningful Impact on the Financial Ecosystem?

GDB Firm Blog

If the IRS having more scrutiny over bank accounts makes you squirm, then buckle up. A proposed change to bank reporting standards would require banks to report $600 or more in transactions to the IRS, allegedly to help the Treasury catch wealthy individuals concealing income and committing tax fraud. Is this out of step with the traditional data financial institutions report to the IRS.

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PTAB Warned to Disregard Unrealistic WDTX Trial Schedules

LexBlog IP

Senator Tillis Warns Agency, Requests Report on Fintiv Practices. As I pointed out in my previous post, the Senate Judiciary Committee has targeted WDTX venue practice as unseemly and inappropriate. In a two-pronged attack on the WDTX, Senator Tillis is now warning the PTAB to stop relying on unrealistic WDTX trial dates in its Fintiv analyses. This separate letter to Acting USPTO Director Hirshfeld is signed only by Senator Tillis as he supports Fintiv practices ( Leahy does not ).

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Herbert Smith Freehills advises OMERS Infrastructure on acquisition of 49% in Fotowatio Renewable Ventures

Herbert Smith Freehills

Herbert Smith Freehills has acted for OMERS Infrastructure on its acquisition of a 49% interest in the Fotowatio Renewable Ventures ( FRV ) Australian renewables business, comprising 637 MW DC of operational and under construction solar PV projects, as well as a developme OMERS Infrastructure, part of one of Canada’s largest pension funds, is a leading global infrastructure investor.

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Artists and Property Owners Square Off Again over Murals on a Law School Campus

Intellectual Property Brief

Property rights and artist rights collide in this legal dispute between Vermont Law School and artist Sam Kerson. Property owners are developing unique methods to preserve art with respect to artists’ moral rights to their work.

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Motorola Wins Bid To Shield Invention Forms In Patent Fight

IP Law 360

Chinese radio manufacturer Hytera Communications Corp. can't get Motorola to produce documents related to new technical inventions that may be patented in the future after an Illinois judge on Tuesday found them to be shielded by attorney-client privilege.

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Colour Trademarks: What you Need to Know

azrights

Colour Trade Marks. The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising.

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What patent numbers say about the quantum technology race

IAM Magazine

The Long Read: A gap between scientific publications and patent filings in quantum fields paints a worrying picture for European innovators, in particular, write Sebastien Ragot and Michel Kurek. However, there is still time for course correction.

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Pleas entered for illegal trafficking of Coke®; plus Ice

Likelihood of Confusion

The bad people who tried to peddle internal Coca-Cola trade secrets, including samples of a new drink, to Pepsi — only to have Pepsi turn them in — have pleaded. The post Pleas entered for illegal trafficking of Coke®; plus Ice appeared first on LIKELIHOOD OF CONFUSION™.

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District court sets valuable precedent on preliminary injunction requests

IAM Magazine

A district court has gone against the growing practice of rejecting preliminary injunction requests in patent disputes. While the reasoning is that injunctions require a full trial yet, courts have taken to rejecting requests for them without setting a trial date or carrying out any of the relevant examination and evaluation.

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Conversations with Women in IP

Chicago IP

I am excited to introduce you to a new podcast series hosted by Intellectual Property partner Irena Royzman , of Kramer Levin Naftalis & Frankel LLP. The Conversations with Women in IP podcast series features judges and leaders in law and business discussing their most memorable cases, career highlights and personal stories. Click here to listen to the first four episodes and to subscribe to receive notifications when a new episode becomes available.

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Conversations with Women in IP

LexBlog IP

I am excited to introduce you to a new podcast series hosted by Intellectual Property partner Irena Royzman , of Kramer Levin Naftalis & Frankel LLP. The Conversations with Women in IP podcast series features judges and leaders in law and business discussing their most memorable cases, career highlights and personal stories. Click here to listen to the first four episodes and to subscribe to receive notifications when a new episode becomes available.

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Letter to the Chief Justice about Judge Albright. 

Patently-O

For anyone looking for legislative action supporting patent holders. Let me tell you, not this year. Rather, in a bipartisan letter Senators Tillis and Leahy have asked Chief Justice Roberts to provide a report on the “extreme” and “problematic” situation in the Western District of Texas where pro-patentee Judge Albright is hosting about 25% of all pending district court patent litigation.

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Corner office podcast: Dolby chief on patent pools and EPO wins

Managing IP

Heath Hoglund, chief patent counsel at Dolby in San Francisco, sits down with Managing IP to talk about licensing, FRAND and more

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Arnold & Porter Adds 4 Attys In Chicago, London, Denver

IP Law 360

Arnold & Porter has added four corporate and intellectual property attorneys to its offices in Chicago, London and Denver.

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Lauren Degnan named National Law Journal “Litigation Trailblazer”

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is pleased to announce that Principal Lauren Degnan has been named a 2021 “Litigation Trailblazer” by the National Law Journal. The managing principal of Fish’s Washington, D.C., office, Degnan is a seasoned trial and appellate lawyer who handles high-stakes, high-risk IP disputes in federal district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB).

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Fed. Circ. Backs USPTO In Inventor's Patent App Fight

IP Law 360

Computer chip inventor Gilbert Hyatt was dealt a loss in his dispute with the U.S. Patent and Trademark Office when the Federal Circuit on Wednesday upheld a lower court decision that the agency did not adopt a "no patents" policy against Hyatt specifically.

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Express Scripts Adds Biosimilar SEMGLEE to Preferred Formulary

LexBlog IP

In October, Express Scripts announced that it would add Viatris’ SEMGLEE (insulin glargine-yfgn) injection as a preferred therapy on its formulary beginning in January 2022. Back in July, the FDA approved SEMGLEE as the first biosimilar insulin to improve glycemic control in adults and pediatric patients with type 1 diabetes and in adults with type 2 diabetes.