Thu.Mar 17, 2022

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Vimeo and the Problem of Content Held Hostage

Plagiarism Today

In January of this year, Channel 5 , a Patreon-funded documentary web channel, had all their backer videos suddenly disappear. According to a post they published, this resulted in more than 200 angry messages and the loss of some 500 patrons, including several lifetime patrons. The reason, according to them, was simple: Vimeo was holding their Patreon catalog hostage.

Fair Use 214
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The Quad discussion group’s compromise falls short of a comprehensive TRIPS waiver

SpicyIP

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress. Roshan John brings us an interesting update from a closed-door discussion between EU, India, South Africa and the United States, based on some leaked text that appears to be a draft document outlining a potential compromise / way forward.

Licensing 141
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3 Count: Worlde Close Cease

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Chris Brown, Drake Fire Back at ‘Egotistical’ Claim in ‘No Guidance’ Copyright Lawsuit. First off today, Nancy Dillon at Rolling Stone reports that Chris Brown and Drake have hit back at a lawsuit filed against them over their 2019 hit No Guidance saying that it’s not egotistical to say that they can’t follow all “82 million songs on Spotify.” The case was filed by Braindon Cooper, who clai

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Welcome Judge Leonard Stark

Patently-O

Congratulations and hearty welcome to Judge Leonard P. Stark who was sworn in today as #40. The 40th Judge appointed to the Court of Appeals for the Federal Circuit. The court is now back up to its full complement of 12 circuit court judges along with 7 judges on senior status. The court released a photo showing Chief Judge Kimberly Moore administering the oath of office.

Patent 128
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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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USPTO Report Says IP-Intensive Industries Account for 44% of All U.S. Employment, Pay 60% More

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today released its third in a series of reports quantifying the contributions of IP-intensive industries to the U.S. economy. The report found that, in 2019, IP accounted for 41% of domestic economic activity and that IP-intensive industries accounted for 63 million jobs, or 44% of all U.S. employment. Direct employment accounted for 47.2 million jobs in 2019, or 33% of total U.S. employment.

Reporting 124
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Intellectual Property and the U.S. Economy

Patently-O

by Dennis Crouch. The USPTO Chief Economist Andrew Toole and his team have just released a new report on Intellectual Property and the U.S. Economy. Prior reports were issued in 2012 and 2016. IP-intensive industries account for 41% of domestic economic activity and about 44% of US jobs. And, those jobs have higher wages, better benefits, etc — especially in the copyright and utility patent intensive industries.

More Trending

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WIPO’s Pirate Site Blocklist Expands to 4,042 Active Domain Names

TorrentFreak

Around the world, there is a variety of blocking schemes targeted at pirate sites. Some require ISPs to block access, while others focus on advertisers. The idea behind the advertising blocklist is that pirate sites are unable to survive without revenue. While it’s no silver bullet, there is some anecdotal evidence that this strategy can be effective.

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Patent Filings Roundup: Heavy District Court Docket Sees Fortress Biotech ANDA Litigation; WePay Expands GUI Design Patent Assertion Against Major Online Payment Systems

IP Watchdog

It was another heavy week in the district court with over 100 new patent complaints filed, 64 terminated (mostly file-and-settle), and an average 26 Patent Trial and Appeal Board (PTAB) cases (one post grant review and 25 inter partes reviews). It was also another week with about half of all parties briefing Fintiv, but no denials, begging the question, “Why are parties being forced to brief it in the first place?

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Unlocking Socioeconomic Potential Through Global Collaboration and Data – Key Takeaways from NISO Plus 2022

Velocity of Content

At this year’s NISO Plus 2022 conference, I was part of a fantastic panel discussion , hosted by Hannah Heckner, Director of Product at Silverchair, and moderated by CCC’s own Christopher Kenneally. . Joined by Diane Cogan, Vice President, Global Sales, Ringgold; Georgie Field, Associate Publisher, PLOS; and Steven Vidovic, Head of Open Research & Publication Practice, University of Southampton, UK, we discussed how metadata are crucial to measuring the socioeconomic impact of open research

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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. When doing so, parties need to actively consider whether they intend that forum selection clause to prohibit filing petitions, such as petitions for inter partes review of patents, with the United States Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”).

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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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Nintendo v. Bowser (yes, really*): The Laws Video Game Companies Use to Pursue Pirates and Cheats

Intellectual Property Brief

Video game pirater Gary Bowser was recently a concurrent criminal and civil defendant for his leading role in video game pirating ring, Team Xecuter. This blog examines the laws that Nintendo of America used in these cases to show how video game companies pursue piraters such as Bowser.

Law 98
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German Federal Court of Justice on Social Media Advertising for Products provided free of Charge

JD Supra Law

Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such posts as advertising. This was decided by the German Federal Court of Justice BGH in a recently published judgment (Case No. I ZR 35/21).

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4 Features R&D Teams Need in Their Patent Search Tool

IP.com

Finding the right patent search tool for your R&D team is just like interviewing a job candidate. Selecting an AI-backed innovation discovery platform that fits your existing team requires thorough. The post 4 Features R&D Teams Need in Their Patent Search Tool appeared first on IP.com - IP Innovation and Analytics.

Patent 98
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Federal Circuit Clarifies the Nexus Requirement for Objective Indicia of Nonobviousness

JD Supra Law

In Quanergy Systems, Inc. v. Velodyne Lidar USA, Inc.1, a Panel of the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB or Board) decisions that claims of a Velodyne patent were not obvious. This analysis included an evaluation of whether there was sufficient evidence to establish a nexus for objective indicia of nonobviousness.

Patent 98
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Hackers aren’t only in Movies?! The Rise of Ransomware Incidents in Canada and what Canadians can do about it

IPilogue

Emily Xiang is an is an IPilogue Writer, President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP who practices in the areas of intellectual property and information technology law. This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. .

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Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver

JD Supra Law

According to a Reuters report published earlier today, the United States, European Union, India, and South Africa have reached an agreement on a waiver with respect to patents for COVID-19 vaccines.

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Commerce Women in STEM: Educating People About Our Changing Planet and Improving Safety and Health

U.S. Department of Commerce

Commerce Women in STEM: Educating People About Our Changing Planet and Improving Safety and Health. March 17, 2022. KCPullen@doc.gov. Thu, 03/17/2022 - 14:43. Thousands of women at the Department of Commerce make a difference in the lives of Americans every day: fostering economic growth and American competitiveness, making the country ready for and resilient to climate change, and leveraging data to discover solutions to some of our most pressing challenges. .

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[Guest Post] Nigeria's quest for its own statute for the protection of Geographical Indications gains momentum

The IPKat

Last month, members of the Nigerian Technical Working Group on Geographical Indications met to consider their first draft of a bill for the protection of Geographical Indications. Katfriend, Ifeanyi E. Okonkwo attended the meeting and now reports on how it went and what should happen next. Here is what Ifeanyi says: Nigeria's quest for its own statute for the protection of Geographical Indications gains momentum by Ifeanyi E.

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IP Forecast: Google To Fight Sonos' Last-Minute Changes

IP Law 360

Google is scheduled next week to tell U.S. District Judge William Alsup that Sonos' "eleventh hour" bid to make changes to its case in its wireless audio patent war with the tech giant "threatens to derail this court's patent showdown procedure.

IP 75
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Harnessing the Power of Global Markets to Empower Women: Webinars this Month to Help You Go Global

U.S. Department of Commerce

Harnessing the Power of Global Markets to Empower Women: Webinars this Month to Help You Go Global. March 17, 2022. KCPullen@doc.gov. Thu, 03/17/2022 - 12:14. Export and investment promotion. The following is a cross-post from the Commerce Department's International Trade Administration. When women trade, women succeed economically. With 95 percent of world consumers and 80 percent of world purchasing power outside of the United States, international trade is an untapped resource for women-owned

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How To Wind Down Patents In Russia Over Next 3 Months

IP Law 360

With June 23 approaching as the last day on which U.S. businesses may pay anything to the Russian patent office for filing patents directly or through international Patent Cooperation Treaty applications, practitioners should begin making crucial filing and search decisions now to avoid liability, says Mark Mathison at Kilpatrick.

Patent 59
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Patent Case Summaries - March 2022 #2

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 54
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Viacom Wins "DOUBLE DARE" Section 2(d) TTAB Battle, Survives Abandonment Attack

The TTABlog

In an exhausting 96-page decision (including a 27-page appendix containing rulings on the evidentiary objections of the parties), the Board sustained an opposition to registration of the mark DOUBLE DARE for computer game software (class 9), clothing (class 25), toys (class 28), and entertainment services (class 42), finding that applicant Armstrong Interactive lacked a bona fide intent to use the mark for the class 9, 25, and 28 goods, and finding confusion likely with the identical common law

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Korean university says litigation funder has blocked payout from 2020 Samsung patent licence

IAM Magazine

KAIST, which scored FinFET semiconductor patent deals with Samsung and Apple, has sued its own licensing affiliate and a litigation financier, alleging they breached a revenue-sharing agreement.

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FDA Announces Biosimilar Funding Opportunity

LexBlog IP

On March 7, 2022, the US Food and Drug Administration (FDA) issued a Funding Opportunity Announcement (FOA) to commit up to $5 million in fiscal year 2022 toward several research proposals. Specifically, the FDA anticipates awarding as many as five proposals up to $1 million in funding. This FOA arises out of the FDA’s proposed commitments in the third proposed Biosimilar User Free Act, through which it intends to “explor[e] ways to enhance biosimilar and interchangeable biosimilar p

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Rival Says Pfizer And Moderna Vaccines Rely On Its IP

IP Law 360

Alnylam Pharmaceuticals hit Moderna and Pfizer with separate patent infringement lawsuits Thursday, claiming they use technology it developed that ensures the mRNA in their COVID-19 vaccines safely enters the body.

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[Audio] Podcast: The Briefing by the IP Law Blog - Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs.

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Jones Day Picks Up Dentons IP Whiz For San Francisco Office

IP Law 360

Jones Day has strengthened its intellectual property practice in California with a former Dentons partner who has earned her stripes advising global technology and life sciences companies through a host of complex patent and trade secrets suits for more than 15 years.

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Count On It, Plural Term Means More Than One

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board (Board) patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents. Apple Inc. v. MPH Technologies Oy, Case Nos. 21-1532; -1533; -1534 (Fed. Cir. Mar. 9, 2022) (Moore, C.J.; Prost, Taranto, JJ.).

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Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Trademark dispute between luxury retailer Hermès and a digital artist over his creation of Birkin Bag NFTs. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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PTAB Precedential Decision Clarifies When a Wire Transfer “Payment Is Received” by the Board

JD Supra Law

The Patent Trial and Appeal Board (PTAB) Precedential Opinion Panel (POP) recently issued a precedential decision clarifying when a wire transfer “payment is received” via the Federal Reserve Fedwire System (Fedwire). Oftentimes, wired funds are not “settled” in a recipient’s bank account until several days after a payer initiated the wire transfer.

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A New Frontier: NFTs and Copyright Law

Intellectual Property Brief

NFT art has become a trendy craze in recent years, but how exactly this NFT art fits into existing copyright law is still in development. While long-standing copyright law will likely bring NFT art under its scope, unprecedented technological advancement undoubtedly requires the law to adapt to changing times, as it will likely have to with NFTs.

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Hypothetical Device Doesn’t Meet Domestic Industry Requirement

JD Supra Law

In a consolidated appeal from the International Trade Commission (Commission) and two inter partes review (IPR) proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed the Commission’s findings that a hypothetical device does not meet the domestic industry requirement, as well as findings by the Board and the Commission that asserted claims of the involved patents were invalid as obvious.

Patent 52
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Freedom to Operate Opinions: What Are They, and Why Are They Important?

LexBlog IP

What is a freedom to operate opinion, and why is it important? A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very

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Speculative Allegations Regarding Operation of Accused Website Doom Patent Infringement Complaint

JD Supra Law

A judge in the Northern District of Georgia has granted a defendant’s motion to dismiss a patent infringement case for failure to state a claim under Rule 12(b)(6). The court found that the complaint failed to meet the pleading standards of Rule 8 under Twombly and Iqbal because the infringement allegations were only speculative as to how the defendant infringed the patent.