Tue.May 10, 2022

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3 Count: DRM Destruction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Xbox’s Online DRM Under Fire as Some Users left Unable to Play Games for 4th Day. First off today, Andy Robinson at VGC reports that Xbox’s digital rights management tools (DRM) are coming under fire as many legitimate customers find themselves unable to play their games over the past four days.

Licensing 195
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What I learned at the 2022 INTA International Trademark Association Conference

Erik K Pelton

Takeaways from the annual trademark conference, held in Washington, DC this month, including NFT’s and the metaverse, as well as the importance of people connections. The post What I learned at the 2022 INTA International Trademark Association Conference appeared first on Erik M Pelton & Associates, PLLC. Takeaways from the annual trademark conference, held in Washington, DC this month, including NFT’s and the metaverse, as well as the importance of people connections.

Trademark 113
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Court Explains How Smileys Are “Prone to Multiple Interpretations”–In re State

Technology & Marketing Law Blog

This case involves a real estate dispute that’s been in the courts for almost 30 years. (Any case tied up in the courts that long is bound to have lots of drama associated with it and usually has gone well past the point of economic rationality). An associate worked for the defense firm, billing 1 hour to the case. That associate then left the defense firm and later got hired by the plaintiff firm.

Blogging 122
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Doing Business in Russia After the Ukraine Invasion—Justifications and Risks

IP Watchdog

As horrifying images continue to flow from Ukraine, politicians in the United States and Europe find themselves increasingly pressured to expand economic sanctions against Russia. On April 6, 2022, the White House announced a prohibition on new investment in Russia by any U.S. person. This move has undoubtedly been a factor in the stunning exodus of U.S. companies from the region, as it leaves management teams in legal limbo as to whether maintaining current facilities—or even repairing equipmen

Business 119
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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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Warhol Foundation v. Goldsmith at SCOTUS Part I: The Transformative Question

The Illusion of More

Copyright watchers were surprised when the Supreme Court granted Andy Warhol Foundation’s (AWF) petition for certiorari in its case against photographer Lynn Goldsmith. For deeper background, see older posts, but this is the dispute over Andy Warhol’s “Prince Series” silkscreen images of rock legend Prince made in 1984 using Goldsmith’s unpublished 1981 portrait photograph as […].

Copyright 119
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SDNY Finds Patent for Processing Financial Transaction Data Invalid Under 101

IP Watchdog

Last week, the U.S. District Court for the Southern District of New York granted Block, Inc.’s Motion to Dismiss a complaint brought by AuthWallet, LLC against it for failure to state a claim. The district court found that the claims of AuthWallet’s patent were invalid because they claimed patent ineligible subject matter under 35 U.S.C. § 101. AuthWallet’s U.S.

Patent 111

More Trending

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More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti

The Trichordist

[This post first appeared on MusicTechPolicy] by Chris Castle One of the main beefs I’ve had with the Copyright Royalty Board is the secrecy in plain sight.… Read more "More Bizarre Goings On At the Copyright Royalty Board, this time with additional Google, fava beans and a fine Chianti".

Copyright 104
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The Government’s Gaslighting of the Online Streaming Act (Or Why Bill C-11 Regulates User Generated Content)

Michael Geist

The House of Commons debate over the Online Streaming Act (Bill C-11) is likely to continue this week with the government anxious to get the bill out of the House of Commons and into committee for further study and approval. The recent discussion in the House featured Liberal MP MP Mark Gerretsen insisting that the bill does not cover user generated content: I can assure this member and all Conservatives that nobody is more interested in preserving the content they create in this House than I am

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WiLAN patent portfolio will demand attention if a sale is pursued

IAM Magazine

As Quarterhill’s strategic review considers the potential sale of Canadian patent licensing business WiLAN, a PatSnap portfolio analysis shows plenty of value for any future buyer.

Patent 98
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Thirteen Reasons Why Businesses Fail

azrights

It’s well known that the failure rate of small businesses is extremely high. Entrepreneur.com rates people’s chances of surviving in business beyond 5 years at 50/50, while the chances of failure after 10 years are 70%. I wanted to explore this to find out what people attribute this low success rate to, and to compile my own list of the 13 issues businesses could focus on to avoid failure and thrive.

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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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Unpacking China’s first patent linkage decision

IAM Magazine

Exclusive analysis based on the full text of the country’s first civil patent linkage judgment reveals how the Beijing IP Court handled the case and why the generic company prevailed.

Patent 98
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Last Week In The Federal Circuit (May 2-6): Experimenting With The On-Sale Bar

JD Supra Law

With another busy week of arguments last week, the Federal Circuit took a break from issuing precedential decisions. But it still pushed out several non-precedential decisions along with some quick affirmances without opinions from the week’s arguments. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Call for Applications: Associate Positions at Wadhwa Law Chambers, New Delhi

SpicyIP

We’re pleased to inform you that Wadhwa Law Chambers headed by Kapil Wadhwa is looking to recruit three Associates for their IP Litigation and IP Prosecution teams. For further details , please see the job description below: Call for Applications: Associate Positions at Wadhwa Law Chambers, New Delhi. Image from here. The IP team at Wadhwa Law Chambers headed by Kapil Wadhwa is looking for 2 Associates to join the IP Litigation team & 1 Associate for the Prosecution team.

Law 98
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[Event] 2nd Annual Summit on Women Leaders in IP Law - May 24th - 25th, Washington, DC

JD Supra Law

Showcasing Powerful Women in Intellectual Property! ACI’s Summit on Women Leaders in IP Law will bring together women in Intellectual Property roles to explore industry trends and other important factors impacting today’s women leaders and practitioners in IP. Co-chaired by Melissa Jobe, Director, Corporate Intellectual Property at T-Mobile and Bridget Smith, Assistant General Counsel, IP at Relativity Space, this year’s event highlights the role of women leaders in Intellectual Property with.

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Family planning

Likelihood of Confusion

Here’s an intriguing item I picked up from the Intellectual Property News blog, which is run by Mansour & Asssociates*: Two of the world’s most well known car manufacturers are. The post Family planning appeared first on LIKELIHOOD OF CONFUSION™.

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CVC Files Reply to Sigma-Aldrich Opposition to CVC Substantive Preliminary Motion No. 1 to be Accorded Priority Benefit

JD Supra Law

On November 19th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,132 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board for benefit of priority to U.S. Provisional Application No. 61/652,086, filed May 25, 2012 ("P1"), U.S.

Patent 98
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Thaler v. Vidal: Will Patentability be Negated by the Manner of Invention?

Patently-O

by Dennis Crouch. Oral arguments in the AI-inventorship case of Thaler v. Vidal are set for June 6, 2022. Prof. Ryan Abbott is set to argue on behalf of the patent owner (and AI creator) Stephen Thaler. Assistant US Attorney Dennis Barghaan will argue on the USPTO’s behalf. Thaler developed an AI that he calls DABUS. DABUS apparently created two inventions–a “neural flame” and a “fractal container.” But, Thaler refused to name himself as inventor.

Invention 100
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The Problem of Industry 4.0: Data! – Part 1

Christopher Roser

Industry 4.0 is still a hot topic, even over ten years after the term was coined. Unfortunately, very often I find it to be much more hype than content. The examples where it actually worked well are few and far between, and the examples where not much was hyped as groundbreaking are way too frequent. Read more. The post The Problem of Industry 4.0: Data!

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Wrongfully Accused ‘Pirate’ Recoups $108k From ‘Copyright Troll’

TorrentFreak

Adult entertainment outfit Malibu Media has often been characterized as a copyright-trolling operation. The Los Angeles company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Not too long ago Malibu was one of the most active anti-piracy litigants in the U.S., but in recent years this activity ground to a halt.

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IP Hall of Fame 2022 inductees announced

IAM Magazine

Four new individuals will be inducted this year: Pravin Anand, Justice Stephen Breyer, Louis Foreman and James Malackowski.

IP 98
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Summit Take-Away: IP Rights Play a Part in Global Events like China, Ukraine and Diversity

IP Close Up

The impact of intellectual property and IP rights are being more widely felt under the strain of IP theft from China, the war in the Ukraine, Continue reading.

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BREAKING: Appian Wins $2B Jury Verdict In Va. Trade Secrets Suit

IP Law 360

A Virginia jury has awarded tech company Appian more than $2 billion in damages upon finding that Cambridge software company Pegasystems willfully pilfered Appian's trade secrets.

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Creator Spotlight with Fine Artist Karina Hines

Copyright Alliance

This week we’d like to introduce fine artist and business owner Karina Hines. Karina is the founder of Purposeful Dreamer, which “showcases what creativity and giving back can do for our overall […]. The post Creator Spotlight with Fine Artist Karina Hines appeared first on Copyright Alliance.

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Blanket Gag Orders, Secret Deals Could End With Calif. Bill

IP Law 360

A California bill taking aim at secrecy in the courts could change the face of litigation in the Golden State by creating a presumption against the types of orders and settlements that have kept revelations about seriously defective products and environmental hazards under wraps.

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WiLAN patent portfolio will demand attention if a sale is pursued

IAM Magazine

As Quarterhill’s strategic review considers the potential sale of Canadian patent licensing business WiLAN, a PatSnap portfolio analysis shows plenty of value for any future buyer.

Patent 52
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Hawley Unveils New Copyright Bill Targeting 'Woke' Disney

IP Law 360

Sen. Josh Hawley, R-Mo., has unveiled a new bill aimed at stripping "woke companies like Disney" of what he says are "special copyright protections" that allow them to hold onto copyrights on Mickey Mouse and other iconic characters for decades.

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The Kessler Cat is Still in the Studio: Restabilizing Res Judicata

Patently-O

By Dennis Crouch. Claim preclusion and issue preclusion are conceptually difficult, but the Federal Circuit has further confused preclusion doctrines in its patent law jurisprudence. In a series of recent decisions, the appellate court improperly created and then expanded upon a separate-and-distinct form of res judicata that it labels the Kessler Doctrine.

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9th Circ. Won't Revive Flavor Flav's Royalties Fight

IP Law 360

The Ninth Circuit has ruled that rapper Flavor Flav can't revive a lawsuit against his old management over alleged unpaid royalties, upholding a lower court's dismissal of the case after counsel for the artist failed to timely file pretrial documents.

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ITC Monthly Wrap-Up: April 2022

Fish & Richardson Trademark & Copyright Thoughts

This month’s ITC wrap up reviews one decision from April and one from March, which highlight: (1) how the ITC handles exclusion orders as marketplaces move online; and (2) the impact of Federal Circuit remands at the ITC, as well as the availability of advisory opinions from the ITC. Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (Inv.

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Countersuit Axed In Ga. Software Co.'s $47M Monopoly Case

IP Law 360

A federal judge Tuesday dismissed trade secret theft claims brought in a countersuit against a Georgia software company pursuing a $47 million antitrust case against a market leader, but left the door open for the allegations to be repleaded with more detail.

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Minnesota Patent Litigation Wrap-Up: Q1 2022

Fish & Richardson Trademark & Copyright Thoughts

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and preliminary injunctions. Schwab-Vollhaber-Lubratt, Inc. v. Carson Design & Mfg., Inc. , Case No. 21-cv-619 (WMW/DTS), 2022 WL 610967 (D.

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How To Efficiently Deploy Your Professional Growth Strategy

IP Law 360

Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

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Unpacking China’s first patent linkage decision

IAM Magazine

Exclusive analysis based on the full text of the country’s first civil patent linkage judgment reveals how the Beijing IP Court handled the case and why the generic company prevailed.

Patent 52
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Interesting Patents | May 10, 2022

LexBlog IP

Interesting Patents. TUESDAY, May 10, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

Patent 52
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UK High Court reiterates principles for implied contractual terms

JD Supra Law

A recent High Court case relating to a trade mark licensing and merchandising agreement offers a timely reminder of the principles a Court will consider when determining whether a term should be implied into a commercial contract. The judgment found it necessary and obvious to imply a term requiring a licensor’s cooperation into an exclusive licence agreement (the “Agreement”) to manufacture trade marked merchandise and racing uniforms for the Force India Formula One racing team (the “Team”).