Fri.Aug 06, 2021

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YouTube Rippers Shut Down in US & UK After Giving Up Legal Fight

TorrentFreak

YouTube rippers are seen as the largest piracy threat to the music industry, and record labels are doing their best to shut them down. In 2017, YouTube-MP3, the world’s largest ripping site at the time, shut down after being sued, and several others followed voluntarily. A group of music companies hoped to achieve the same with FLVTO.biz and 2conv.com.

Music 145
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UCB, Inc. v. Actavis Labs. UT, Inc.

JD Supra Law

Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., Civ. No. 19-474-KAJ, 2021 WL 1880993 (D. Del. Mar. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”).

Patent 145
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World Kung Fu Governing Body Uses Copyright Law to Hunt Down YouTube Critics

TorrentFreak

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. However, posting content within these parameters is no guarantee against legal action, as a case in Australia now shows.

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CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement of GlaxoSmithKline’s (GSK’s) patent directed to a method of treating Congestive Heart Failure (CHF) using carvedilol. The court clarified, however, that its ruling should apply only narrowly to the facts of this particular case.

Patent 124
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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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Australian Judge Rules Inventions Developed By Artificial Intelligence Can Qualify For Patent Protection

JD Supra Law

In Thaler v. Commissioner of Patents, case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection.

Invention 112
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Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36

IP Watchdog

On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider various legal issues related to the use of Rule 36 summary affirmances by the U.S. Court of Appeals for the Federal Circuit (CAFC). Bobcar contends that the Federal Circuit’s Rule 36 practice, which allows the court to issue one-word affirmances of lower court decisions despite being fully briefed on the issues and holding oral arguments

Marketing 105

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Why Obviousness-type Double Patent Analysis Isn’t Obvious

JD Supra Law

Over the last seven years there has been commotion in Obviousness-type Double Patenting (“ODP”) practice. One of the latest cases to spur a considerable amount of interest is Mitsubishi Tanabe Corp. v. Sandoz, Inc., which is currently on appeal to the Federal Circuit (“CAFC”). While a detailed review of this case is not the intent….

Patent 102
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FirstNet - Helping Firefighters Face Historic Wildfire Season Amid Pandemic

U.S. Department of Commerce

FirstNet - Helping Firefighters Face Historic Wildfire Season Amid Pandemic. August 6, 2021. ASowah@doc.gov. Fri, 08/06/2021 - 17:02. First responder network. By Kevin Nida and Chris Baker, First Responder Network Authority Senior Public Safety Advisors. Last year, firefighters on the west coast battled a relentless string of fires such as the Green Ridge Fire, the Holiday Farm Fire, the Gates Fire and many more.

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FDA Approves First Interchangeable Biological Product

JD Supra Law

Last week the U.S. Food and Drug Administration approved an interchangeable biosimilar to insulin glargine, an approval notable because it is the first approved interchangeable biosimilar product. The product is Semglee (insulin glargine-yfgn), produced by Mylan Pharmaceuticals, Inc., and under this approval, it is interchangeable with Lantus (insulin glargine) made by Sanofi.

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Brand Battles: Prince's Estate Takes On 'Purple Rain' Wine

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the estate of late singer Prince wants to cancel an Ohio winery's registration on "Purple Rain" wine, saying that the term "was not in the U.S. lexicon" until the artist used it in his 1984 song and movie — plus four other new cases you need to know.

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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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Following the Rules is Not Enough (Check the Statutes)

JD Supra Law

In Mondis Technology Ltd. v. LG Electronics Inc., [2020-1812] (August 3, 2021), the Federal Circuit dismissed LG’s appeal from a jury verdict that it infringed U.S. Patent No. 7,475,180, directed to a display unit configured to receive video signals from an external video source. By: Harness, Dickey & Pierce, P.L.C.

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Never Too Late: if you missed The IPKat last week

The IPKat

Patent GuestKat Léon Dijkman published his farewell post, concerning amendments to German Patent Law. Said amendments limit the patentee’s entitlement to an injunction in infringement proceedings. Léon believes that this amendment is important not only for Germany, but for the likelihood that other European jurisdictions may now follow. In the meantime, we wish Léon the best of luck and hope to continue to read his pieces for The IPKat, even if he no longer will be a GuestKat.

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Everyday IP: Brewing the finest booze – beer through the ages

IP Blog

Beer is ubiquitous in this world. The vast majority of countries — large, small and in-between — brew and drink it in large quantities, reflecting its status as an integral part of many local cultures. In more than a few nations, including (but not limited to) Germany, Austria, Belgium, the Czech Republic, Ireland, China, the United Kingdom and the United States, beer is a culture unto itself.

IP 64
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Timing is Essential for Filing Interlocutory Appeals — Do Not Wait for All Issues to be Resolved

IP Tech Blog

The Federal Circuit recently dismissed an interlocutory appeal filed by LG Electronics as untimely because LG filed its notice of appeal more than seven months after the district court’s order disposing of all LG post-trial motions except for its post-trial motion on damages. The opinion stands as a lesson to all parties contemplating an appeal of issues related to a district court patent litigation decision to promptly do so despite other pending unresolved issues.

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TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTABlog

The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. At least one of the three refusals was reversed. Let's see how you do in predicting the results. [Answer will be found in the first comment.] In re Golf Partner Co., Ltd. , Serial No. 87409894 (August 4, 2021) [not precedential] (Opinion by Judge Peter W.

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DOJ’s “China Initiative” Falters

JD Supra Law

When Anming Hu, an engineering professor at the University of Tennessee, Knoxville (“UTK”) was indicted in February 2020 on charges related to his alleged failure to disclose ties to a state-run Chinese university, the case was emblematic of those brought under the Department of Justice’s “China Initiative.” The government alleged that Hu failed to disclose his Chinese affiliation while working on a research project funded by the National Aeronautics and Space Administration (“NASA”).

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Malini Vijaykumar on CBC’s Canada Tonight

Nelligan Law

Reading Time: < 1 minute Can employers mandate vaccines for their employees? Watch as Malini Vijaykumar joins Ginella Massa on CBC’s Canada Tonight to discuss the legal considerations around the question that is top of mind for many: The post Malini Vijaykumar on CBC’s Canada Tonight appeared first on Nelligan Law.

Law 52
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The Briefing: Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

LexBlog IP

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.” Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here. Cases discussed: Dr.

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Malini Vijaykumar on CBC’s Canada Tonight

Nelligan Law

Can employers mandate vaccines for their employees? Watch as Malini Vijaykumar joins Ginella Massa on CBC’s Canada Tonight to discuss the legal considerations around the question that is top of mind for many: The post Malini Vijaykumar on CBC’s Canada Tonight appeared first on Nelligan Law.

Law 52
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Timing is Essential for Filing Interlocutory Appeals — Do Not Wait for All Issues to be Resolved

LexBlog IP

The Federal Circuit recently dismissed an interlocutory appeal filed by LG Electronics as untimely because LG filed its notice of appeal more than seven months after the district court’s order disposing of all LG post-trial motions except for its post-trial motion on damages. The opinion stands as a lesson to all parties contemplating an appeal of issues related to a district court patent litigation decision to promptly do so despite other pending unresolved issues.

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A shanda all around

Likelihood of Confusion

We reported the Woody Allen right-o-publicity lawsuit arising from “that billboard” when it was filed in April. This billboard: Yeah, oy. And now, it’s settled, for $5 million. That’s not. The post A shanda all around appeared first on LIKELIHOOD OF CONFUSION™.

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The Briefing: Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the trademark aspects of Dr. Seuss “mashups.”. Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here. Cases discussed: Dr. Seuss Enterprises v.

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[Audio] Podcast: The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

JD Supra Law

In this week's podcast of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss "Mashups." Cases discussed: Dr. Seuss Enterprises v. Penguin Books USA Dr. Seuss Enterprises v. Comic Mix LLC.

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“Teaching Away” – A Change To This Historically Inconsistent Doctrine

LexBlog IP

Teaching away is an important concept when considering the obviousness of a patent claim. The Federal Circuit’s recent decision in Chemours v. Daikin [1] makes it easier to find that a reference teaches away from an invention, potentially increasing the difficulty of invalidating a patent claim for being obvious. There, the Circuit reversed the Patent Trial and Appeal Board’s obviousness ruling, holding that it failed to adequately explain why a skilled artisan would modify a referen

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Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household Names to Join the NFT Craze

JD Supra Law

Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in the big endorsement deals. Female athletes are also being wooed by smaller, up-and-coming brands that are willing to be more flexible with the individuals' needs and preferences, including increased involvement with new product development and opportunities for equity in the.

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Energy Beverages Sued Indiana Automotive Shop for Alleged Trademark Infringement

Indiana Intellectual Property Law

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Monster in turn divested the rights and title to the Full Throttle® energy drink line to its child company, Energy Beverages LLC (“Energy”), the Plaintiff. From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S.

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“Teaching Away” – A Change To This Historically Inconsistent Doctrine

IP Intelligence

Teaching away is an important concept when considering the obviousness of a patent claim. The Federal Circuit’s recent decision in Chemours v. Daikin [1] makes it easier to find that a reference teaches away from an invention, potentially increasing the difficulty of invalidating a patent claim for being obvious. There, the Circuit reversed the Patent Trial and Appeal Board’s obviousness ruling, holding that it failed to adequately explain why a skilled artisan would modify a reference when doin

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Have Your Cake and Own it, Too: Trademark and Branding Best Practices and Takeaways from a Dispute between a King Cake Baker and its Brand Developer

JD Supra Law

King cakes are a staple of Carnival season, and when the season kicks off on Twelfth Night, in New Orleans, there is hardly a day that goes by without at least one king cake in the kitchen of every office, school, and home until Mardi Gras Day. Traditional styles of king cakes have evolved over the years to borrow from a wide variety of local cultural influences, including most recently the soaring popularity of Vietnamese-style cakes in New Orleans, which have been largely buoyed by Dong Phuong

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Judge Stark Grants Plaintiffs’ Motion in Limine to Preclude Trial Testimony from Defendants’ CEO

LexBlog IP

By Memorandum Order entered by the Honorable Leonard P. Stark in SZ DJI Technology Co., Ltd. et al. v. Autel Robotics USA LLC et al. , Civil Action No. 16-706-LPS (Consolidated) (D.Del. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. 1 to preclude the trial testimony of certain fact witnesses for Defendants, including the current Chief Executive Officer of Defendants who is a former employee of Plaintiffs.

Copying 52
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Patent Owner Tip #13 for Surviving an Instituted IPR: When to Amend Claims in an IPR

JD Supra Law

After an inter partes review (“IPR”) is instituted, a patent owner has an opportunity to file a motion to amend the claims and thereby propose a reasonable number of substitute claims. See 35 U.S.C. § 316(d)(1). Unlike the challenged claims at issue in an IPR, all of the substitute amended claims are subject to PTAB review for compliance with all of the statutory requirements for patentability, and not just for patentability in view of the prior art.

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AstraZeneca Hit With $3.6M Countersuit Over Royalties

IP Law 360

U.S. drugmaker Tesaro has hit pharmaceutical giant AstraZeneca with a $3.6 million counterclaim in a dispute in England over licensing for a blockbuster cancer drug, saying it has paid too much in royalty fees to the Anglo-Swedish company.

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Creation of an IP division in Delhi is superficial for now, but could pay dividends in the long run

IAM Magazine

Saturday Opinion: The new specialist court is a good signal for India even if its practical effects in the short term will be limited, argues Pravin Anand.

IP 52
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Merchant & Gould Partner Appointed Judge In Minneapolis

IP Law 360

A Merchant & Gould PC partner and stakeholder who specializes in intellectual property litigation has been appointed a judge in Minnesota's Fourth Judicial District in Minneapolis, the firm announced on Thursday.

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This week in IP: DABUS team on AI wins, thin gruel for Oatly, Nintendo settles patent suit

Managing IP

Managing IP rounds up the latest patent, trademark and copyright news, including some stories you might have missed

IP 52
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US legislators have anti-competitive pharma IP strategies in their sights

IAM Magazine

There is now momentum behind several proposed pieces of legislation with implications for life sciences patents.

IP 52