Mon.Aug 22, 2022

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The Omegle Case: Another Nail in the Coffin of Section 230

Hugh Stephens Blog

You may never have heard of Omegle–or perhaps you have. It is an online platform that allows people to meet and talk to total strangers online through video links. Participants are randomly paired but there is also a form of self-selection by indicating shared interests.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. Vivek Basanagoudar is a fourth year law student at Jindal Global Law School.

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“When Thunder Roars, Go Indoors:” Lightning Safety Advice from NOAA

U.S. Department of Commerce

“When Thunder Roars, Go Indoors:” Lightning Safety Advice from NOAA. August 22, 2022. KCPullen@doc.gov. Mon, 08/22/2022 - 12:54. The following is part of a summer blog series with a focus on summer safety tips from NOAA written by Marissa Pekular (Intern) . A lightning-filled sky is a common sign of summer in many parts of the United States. Lightning is a giant spark of electricity in the atmosphere between clouds, the air, or the ground.

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Op-Ed: The Plan to Blow Up the Internet, Ostensibly to Protect Kids Online (Regarding AB 2273)

Technology & Marketing Law Blog

[I published this anti-AB 2273 op-ed in Capitol Weekly. For more on the problems with AB 2273, see my deep dive and short explainer.]. The California Legislature is aggressively pursuing several wide-sweeping and radical proposals to regulate the Internet. One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC).

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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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OG GTA Dev: Rockstar Hit My GTA Prototype Videos With DMCA Notices

TorrentFreak

It’s no longer a surprise when big videogame developers take escalating legal action against fan coders. Nintendo, for example, has a long history of stomping on projects on the basis they infringe intellectual property rights. From Nintendo’s perspective, there’s nothing to discuss. It enjoys the full support of the law when it decides to protect its intellectual property rights, game over.

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Anti-Abortion Activists Lose At 9th Circ. In Video Row

IP Law 360

The Ninth Circuit has shut down an appeal from anti-abortion activists who likened their crusade to distribute selectively edited and secretly recorded conversations with abortion providers to the Pentagon Papers case, after a lower court judge found they violated the language of confidentiality agreements they had signed.

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Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc. (Fed. Cir. 2022)

JD Supra Law

The consequences of expressly recited claim limitations and how patentees can be held to these limitations was illustrated in the Federal Circuit's recent decision in Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc. The case arose in ANDA litigation over Eagle's application to market a generic version of Par's Vasostrict® product, an injectable form of vasopressin used to treat patients with critically low blood pressure. .

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Perspectives on model risk management of cybersecurity solutions in banking

McKinsey Operations

The sooner banks start their journey and establish an effective approach to model risk management of cybersecurity solutions, the quicker they will be able to manage risk and establish controls.

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An ANDA Specification that Directly Addresses Issues of Infringement Controls the Infringement Inquiry

JD Supra Law

Summary: An ANDA was held not to infringe asserted claims because the ANDA specifies pH ranges that fall outside of those recited in the asserted claims.

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Brazil Repurposes Seized Pirate Streaming Boxes for Schools and Hospitals

TorrentFreak

Over the past three years, Brazil has worked hard to combat online piracy from various angles. Spearheaded by ANCINE, the National Film Agency that falls under Brazil’s Ministry of Culture, “Operation 404” campaigns have led to numerous takedowns and arrests. Streaming sites and services have been a focal point in this battle. Among other things, ANCINE helped to train inspection agents of the Federal Revenue Service and the Federal Highway Police to spot these devices so they can be

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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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Building resilience: The history and future of US crisis management

McKinsey Operations

The crisis management community has made great progress on building resilience in the past two decades, but much work remains to prepare for a future of more frequent and damaging disasters.

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Patent Law Canons and Canards: Bonito Boats

Patently-O

by Dennis Crouch. For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989). Bonito Boats centers on a Florida statute prohibiting copying of unpatented boat hulls via direct molding. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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"BUILT BY GOD" Fails to Function as a Trademark for Clothing, Says TTAB

The TTABlog

We haven't had a failure-to-function case in a while. Here, the Board affirmed a refusal to register the proposed mark BUILT BY GOD for various clothing items, finding that the phrase fails to function as a source indicator for the identified goods. Applicant Kollins Ezekh claimed that there was little third-party use of the mark, and further that the phrase is "associated with the acclaimed fitness services offered by the Applicant on www.builtbygod.tv.

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OpenSky/VLSI Parties Battle it Out in Briefs to Vidal

IP Watchdog

Late last week, the parties to the U.S. Patent and Trademark Office (USPTO) Director Review of the Patent Trial and Appeal Board (PTAB) institution decisions in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, filed their opening briefs. While OpenSky vehemently denied any abuse of the PTAB system, VLSI said the cases force the USPTO to answer the question “whether the Office should allow itself to be used to f

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Banking on growth: Ensuring the future prosperity of Japan

McKinsey Operations

Following the launch of Japan’s national strategy to revitalize growth, Japanese banks have renewed opportunities to become engines of prosperity by playing various roles in support of growth.

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EFF Vows to Take Out Tillis’ Eligibility Bill

IP Watchdog

Last week, the Electronic Frontier Foundation (EFF) announced that it is launching a campaign against Senator Thom Tillis’ (R-NC) proposed “Patent Eligibility Restoration Act of 2022,” which would effectively abrogate the Supreme Court’s decisions in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013) and Mayo Collaborative Services v.

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Infographic | Competitive edges in privacy

Olartemoure Blog

La entrada Infographic | Competitive edges in privacy se publicó primero en OlarteMoure | Intellectual Property.

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A Deep Dive Into The Glass Ceiling Report: Women In Law

IP Law 360

Law firms are working to improve diversity, equity and inclusion in their ranks. But Law360 Pulse's Glass Ceiling Report: Women in Law shows only modest growth in the number of female lawyers in private practice in the U.S.

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Target net zero: A journey to decarbonizing the public sector

McKinsey Operations

Government organizations can shape decarbonization policies but also help reduce global emissions by transforming their own operations and supply chains.

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A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

IP Law 360

The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

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Office Of The Privacy Commissioner Of Canada Responds To Proposed Regulations For Examining Personal Digital Devices At Canadian Borders

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on August 10, 2022. On July 14, 2022, the Office of the Privacy Commissioner of Canada (OPC) provided its submission in response to a consultation launched by the Canada Border Services Agency (CBSA) on proposed Regulations for the Examination of Documents Stored on Personal Digital Devices (the Regulations).

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9th Circ. Affirms Disney Owes Daredevil's Son Nothing

IP Law 360

The Ninth Circuit ruled Monday that the appearance of a caped daredevil character in "Toy Story 4" voiced by actor Keanu Reeves isn't enough to revive a lawsuit from stuntman Evel Knievel's son alleging trademark infringement that crashed in Nevada federal court last year.

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Seyfarth Attorneys to Attend and Speak at IPO Annual Meeting

Trading Secrets

On September 18-20, Seyfarth partners Dawn Mertineit, Eric Barton, and Robert Milligan will be attending the Intellectual Property Owners Association’s Annual Meeting in Los Angeles. This event offers over two dozen education sessions, networking opportunities, committee meetings, and more. During the event, Dawn will be speaking on a panel called “Hold on to Your Trade Secrets: The Winds of Change Are Howling Around Employee Non-Compete Agreements.

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Judge Backs 'Mockingbird' Filmmaker Heirs' Arbitral Award

IP Law 360

An Alabama federal judge has agreed to confirm an arbitral award granting film copyrights to the successors of "To Kill a Mockingbird" filmmakers in a dispute with author Harper Lee's estate over rights to the American drama.

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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

Serova v. Sony Music Entertainment, P.3d -, 2022 WL 3453395, S260736 (Cal. Aug. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Serova bought Michael , “an album of music billed as Michael Jackson’s first posthumous release,” which promised “9 previously unreleased vocal tracks performed by” Jackson.

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Catching Up With Delaware's Chancery Court

IP Law 360

Shareholders of Santander Consumer USA, La Jolla Pharmaceutical, Nektar Therapeutics and Inovalon Holdings filed new suits in Delaware's Court of Chancery last week, and attorneys for billionaire Elon Musk and Twitter Inc. deforested a small hillside to document an increasing number of discovery disputes.

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China: Design Patents and the Metaverse

IP Tech Blog

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ? especially in the IT, entertainment and fashion businesses ? have begun to launch products and solutions related to the ever developing Metaverse. Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities

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Miramax Beats Photog's 'Pulp Fiction' Poster Fight For Good

IP Law 360

A California federal judge has booted a photographer's copyright suit against Miramax over the image used for a well-known "Pulp Fiction" movie poster, ruling that the claims were filed too late.

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Samsung Bioepis and Organon Announce FDA Approval of Citrate-Free, High-Concentration Adalimumab Biosimilar

LexBlog IP

Last week Samsung Bioepis and Organon announced FDA approval of their citrate-free, high-concentration (100 mg/ml) HUMIRA biosimilar, HADLIMA (adalimumab-bwwd). HADLIMA was previously approved by FDA as a low concentration (50 mg/ml) formulation in July 2019. The low-concentration product has been available in various markets outside the United States, with over 5 million doses sold since 2018.

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Fighting Counterfeit Goods In The FIFA World Cup Countdown

IP Law 360

As counterfeit merchandise wreaks havoc for FIFA World Cup partners and sponsors, brands, governments and legal practitioners must disincentivize the manufacturers of fake goods with tactics that include the application and integration of new technologies, says Kimiya Shams at Devialet.

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This is for you, Bud

Likelihood of Confusion

Anheuser-Busch crows: The Supreme Court of Sweden found no reason to hear an appeal filed by Czech brewer Budejovicky Budvar, ending a seven-year-old trademark dispute with Anheuser-Busch. The decision preserves. The post This is for you, Bud appeared first on LIKELIHOOD OF CONFUSION™.

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China: Design Patents and the Metaverse

LexBlog IP

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. Since then, giant companies all over the world ― especially in the IT, entertainment and fashion businesses ― have begun to launch products and solutions related to the ever developing Metaverse. Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and

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Unfashionably Late: Seventh Circuit Rejects Misappropriation Claim Premised On Prototype Created Eleven Years Prior

JD Supra Law

The Seventh Circuit recently affirmed summary judgment in favor of a former employee and his new employer on claims for misappropriation of trade secrets relating to a prototype of an actuator created eleven years prior, holding that the inference that the defendant used his knowledge of the prototype more than a decade later was “barely conceivable” and “exceptionally unreasonable.

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Squire Patton Grows In Palo Alto With Marks & Clerk IP Atty

IP Law 360

Squire Patton Boggs LLP is expanding its intellectual property practice by bringing in a Marks & Clerk Singapore LLP trademark expert as a partner in its Silicon Valley office in Palo Alto, California.

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Modern collegiate trademark and licensing regime may face increased enforcement challenges

LexBlog IP

In The Pennsylvania State University v. Vintage Brand, LLC , 2022 U.S.P.Q.2d 653 (M.D. Pa. 2022 The Pennsylvania State University (“Penn State”) sued Vintage Brand, LLC (“Vintage”), an online retailer of screen-printed goods featuring logos and images, for violations of federal and state trademark and unfair competition laws.