Fri.Dec 17, 2021

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Twitch Users Can Now ‘Stream’ Movies & TV Shows Without Fear of DMCA Strikes

TorrentFreak

The idea that regular internet users could find themselves regularly concerned at the thought of being targeted by a copyright complaint would’ve been dismissed as scare tactics just a few short years ago. But. In 2021, the reality is all too clear. With the rise of social media platforms and user-generated content sites, the lowliest of netizens can find themselves tripping over copyright law and with the potential to lose valuable accounts, it’s something to take seriously.

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General Court: no absolute protection for symbols of particular public interest

The IPKat

Kat friend Jan Jacobi reports on a consequential decision by the General Court on official symbols. Official symbols are generally protected under articles 7(1)(h) and 7(1)(i) EUTMR. Article 7(1)(h) applies to symbols that are registered with and listed by WIPO, such as flags, state emblems and hallmarks. Article 7(1)(i) applies to signs that are of a particular public interest, but which have not been registered with WIPO.

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Artificial Intelligence and Intellectual Property: what next for the UK?

JD Supra Law

There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a global AI superpower within the next ten years.

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Why the Digital Services Tax Act Violates Canada’s OECD Commitment to a Tax Moratorium

Michael Geist

The Canadian government’s decision to move ahead with the Digital Services Tax Act, legislation that will take effect in 2024 should the international agreement at the OECD fail to materialize by that date, is problematic for reasons that extend beyond sparking a trade battle with the United States and potentially leading to billions in tariffs on Canadian goods and services.

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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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Qatent – AI Generated Applications

Patently-O

I love this project that has the AI tech develop a detailed 20-30 page specification based upon a few claims and short description. [link]. I expect that most folks won’t be satisfied, but in many cases it might be sufficient. And, if the technology is sufficiently mainstream, it suggests that the patent document actually needs less disclosure.

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Five Key Patent Developments in Europe for 2021

IP Watchdog

As part of its review of 2021, IPWatchdog takes a look back on five patent stories from the past year in Europe, and highlights what further developments to expect in 2022. In 2021, Europe took a giant leap towards the implementation of the Unitary Patent and Unified Patent Court (UPC). After years of delays arising from disputes over rules and language, the U.K. signing up and then withdrawing, and constitutional objections filed in Germany, it now seems highly likely that the new system will l

Patent 119

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New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v. Xandr

Technology & Marketing Law Blog

Maybe I’ve missed other cases in this genre, but I don’t recall seeing them. Xandr self-describes as “the only open, end-to-end platform for scaled, sophisticated campaigns on premium inventory across screens on premium inventory from CTV to data-driven linear and much more.” “Xandr is a wholly owned subsidiary of AT&T, Inc.

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Shop Smart and Stay Safe This Season

U.S. Department of Commerce

Shop Smart and Stay Safe This Season. December 17, 2021. ASowah@doc.gov. Fri, 12/17/2021 - 09:31. Intellectual property. The United States Patent and Trademark Office (USPTO) estimates that the global sale of counterfeit goods is above $2 trillion. The damage they cause goes well beyond economic repercussions for honest businesses and consumers – counterfeits are cause for serious safety concerns.

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IP+T Intelligence Newsletter - Q4 2021

JD Supra Law

Tucked into last December’s stimulus and relief package were critical reforms in intellectual property law, designed to empower trademark and copyright owners by providing stronger enforcement tools. The Trademark Modernization Act of 2020 (TMA), which was signed into law on December 27, 2020, effects a round of the most significant changes in our U.S. trademark statute in more than 20 years.

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Africa IP Highlights #3: Patents and reforms in IP policy, legislation and administration

The IPKat

This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. The first 2 posts covered copyright and trade marks. As previously stated, the series is the result of collaboration between myself and several IP practitioners and researchers across Africa: Caroline Wanjiru Muchiri (Centre for IP and IT Law, Strathmore University, Kenya); Ekene Chuks-Okeke (Banwo & Ighodalo, Nigeria); Marius Schn

IP 92
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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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Court Date for Landmark Antitrust Case

Velocity of Content

In a Washington, DC courtroom on Wednesday, the US Department of Justice and Penguin Random House – parties to a landmark antitrust lawsuit seeking to block PRH’s purchase of Simon & Schuster– agreed to an expedited schedule for proceedings, including an August 1, 2022 trial date. Earlier, PRH offered answers to the government’s charges, especially DOJ’s claim that the purchase would “likely result in substantial harm to authors of anticipated top-selling books and ultimately, consumers.

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Ciao Internet Association. It’s been weird.

The Illusion of More

IA has made great progress on its mission to foster innovation, promote economic growth, and empower people through a free and open internet. As this chapter closes, member companies remain committed to advancing public policy in support of this mission and will continue to work with stakeholders in other capacities. – Board of Directors Statement on […].

Law 88
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MTV Says Margera's 'Jackass' Suit Imperils Calif. Film Industry

IP Law 360

MTV, Paramount Pictures and others behind the upcoming film "Jackass Forever" told a California judge Friday that his tentative decision to preserve a state copyright claim in Bam Margera's lawsuit over his firing from the film is "frightening" because it threatens the viability of the film business in the state.

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Africa IP Highlights #2: The trademarks arena

The IPKat

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2021 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Caroline Wanjiru Muchiri (Centre for IP and IT Law, Strathmore University, Kenya); Ekene Chuks-Okeke (Banwo & Ighodalo, Nigeria); Marius Schneider and Nora Ho Tu Nam (IPvocate Africa, Mauritius); Ruth Mulenga Sinkala (PhD Candidate, University of Cape Town), Vanessa Ferguson , Sibongile De

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Fla. High Court Is Wrong To Ban CLE Diversity Requirements

IP Law 360

The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

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Issue 36: PTAB Trial Tracker

JD Supra Law

FORUM SELECTION CLAUSES MAY OR MAY NOT PRECLUDE PTAB REVIEW - In Kannuu Pty Ltd. v. Samsung Electronics Co., Ltd. & Samsung Electronics America, Inc., No. 21-1638 (Fed. Cir. Oct. 7, 2021), the Federal Circuit considered whether the forum selection clause in a non-disclosure agreement (NDA) prohibited Samsung from petitioning for inter partes review (IPR) of Kannuu’s patents.

Patent 62
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Brand Battles: 'Blexit' Foundation Aims To Shut Down TM App

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the organization behind conservative activist Candace Owens' "Blexit" campaign wants to shut down a trademark application from a different nonprofit that claims to have coined the term, saying the parties have settled their dispute — plus four other cases you need to know.

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Patent Filings Roundup: Joao Entity Sues Nonprofits, Pediatricians; Fortress Entity Sues LG on TVs in ED Tex; Vector Capital-funded Semi Campaign Runs into the PTAB

IP Watchdog

As we finish up the year, the high district court termination rate continues; 85 terminations this week, including a fair amount of transfers, rounded out a normal PTAB week (29 filed) and a slightly depressed litigation week (with 50 new complaints). .

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Calif. Appellate Court Won't Nix Atty's CAA Script Theft Claims

IP Law 360

A California appellate court agreed with a lower court that Creative Artists Agency can't use free speech protections to trim a former CAA client's breach of contract and fiduciary duty suit claiming it stole an idea for a TV series, ruling that the dispute isn't related to a matter of public interest.

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Three new PPAC Members: Charles Duan, Suzanne Harrison, and Heidi Nebel

Patently-O

The Secretary of Commerce has announced three new members of the USPTO’s Patent Public Advisory Committee (PPAC): Charles Duan, Suzanne Harrison, and Heidi S. Nebel. Congratulations! All three of these individuals care deeply about improving the patent system, and now have an official seat at the table. The PPAC is charged with advising the PTO Director on the “policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office with respect to paten

IP 64
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Disney Can't Sink Writers' Claim 'Pirates' Franchise Looted IP

IP Law 360

A California federal judge on Thursday refused to hand a quick win to the Walt Disney Co. in a copyright suit claiming it pilfered the "Pirates of the Caribbean," finding that there's a factual disagreement over the similarity of the works at issue and that the dispute belongs before a jury.

IP 72
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Trademark Owners: What You Should Know About the USPTO’s Final Rules Implementing the TMA

JD Supra Law

The Trademark Modernization Act (TMA) was signed into law on December 27, 2020, and the United States Patent & Trademark Office (USPTO) recently announced its final rules for implementing the TMA, the majority of which will take effect on December 18, 2021. The TMA has several important implications for brand owners.

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 United States Intellectual Property Organization (USIPO)

Patently-O

by Dennis Crouch. I have written a handful of posts over the years suggesting a merger of the USPTO and Copyright Office to form a United States Intellectual Property Organization ( USIPO ). The current fractured structure means that we lack a coherent administrative approach to treatment of the various IP regimes, even though they obviously overlap in very important ways.

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Patent Case Summaries - December 2021 #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 55
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Ping® December 2021 – Data Protection & Copyright Law 

LexBlog IP

Globally, non-profits, NGOs, and environmental advocacy organizations are expanding scientific data collection while combining this data with data from third parties. Data scientists increasingly find themselves applying creative thought the the selection of tools and instruments, calibration of those instruments, and the process and selection of data to measure.

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Hirschfeld Issues Second Post-Arthrex Grant of Director Review

JD Supra Law

On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented by the USPTO.

Patent 55
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Samsung Bioepis Clinical Trial Updates

LexBlog IP

On December 8, Samsung Bioepis announced that it had presented the longest follow-up study results for a trastuzumab biosimilar in patients with HER2-positive early or locally advanced breast cancer. The five-year study compared long-term survival rates of patients on SB3 (ONTRUZANT®, Samsung Bioepis’ biosimilar of Herceptin®) and Herceptin® (trastuzumab) from the SB3 Phase 3 study.

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Kramer Levin Attys Chided For 'Offensive' Antisemitism Claim

IP Law 360

A trio of Kramer Levin Naftalis & Frankel LLP attorneys were hit with sanctions Friday for making "shocking" and "offensive" antisemitism claims in new trial bid in their client's patent infringement case against Amazon, with a Texas federal judge calling their conduct "unacceptable.

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How to fast-track your Canadian trademark application

JD Supra Law

Earlier in the year, the Canadian Trademarks Office announced new measures intended to improve delays in the processing of trademark applications. With the time to examination for national applications exceeding three years on average, the announcement was welcomed by trademark owners and practitioners alike.

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Health Hires: Balt, McDermott Will & Emery

IP Law 360

Neurovascular business Balt has named a new legal chief, while McDermott Will & Emery LLP added various intellectual property attorneys focused on the life sciences sector, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

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A Potential Pivot in Patent Procedure – Will the Supreme Court Hear Amgen’s Challenge to the Standard of Review for Enablement?

JD Supra Law

As we have previously discussed, on February 11, 2021, the Federal Circuit decided Amgen Inc. et al. v. Sanofi, Aventisub LLC, et al. The Federal Circuit affirmed the district court’s grant of JMOL that Amgen’s Repatha® patents (U.S. Patent Nos. 8,829,165 and 8,859,741) were invalid for lack of enablement. The claims at issue cover a genus of monoclonal antibodies that bind to the proprotein convertase subtilisin/kexin type 9 (“PCSK9”) enzymes.

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Recent IP Tweets

LexBlog IP

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. — TTABlog (@TTABlog) December 17, 2021. CAFC Affirms TTAB: “BF-7” Registration for Nutritional Supplements Invalid Due to Non-Ownership [link] pic.twitter.com/WC2HjdF4D2. — TTABlog (@TTABlog) December 15, 2021.

IP 52
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Final Rules for Trademark Modernization Act in Effect This Weekend - New Nonuse Procedures Available and Shortened Office Action Deadlines on the Horizon

JD Supra Law

Attention trademark practitioners: the finalized rules implementing the 2020 Trademark Modernization Act (“TMA”) go into effect this weekend, on December 18, 2021. Significantly, this marks the availability of three new mechanisms for eliminating “deadwood” registrations: petitions for reexamination, petitions for expungement, and a new nonuse (expungement) cancellation ground.

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What Is a Rule-A-Palooza – Another Public Federal Trade Commission Meeting

LexBlog IP

I used to read a lot of TV show recaps that were touted as “We watch so you don’t have to.” Little did I know that same concept would apply to these new public meetings of the Federal Trade Commission (FTC) and that I would be the one recapping. The meetings aren’t quite must-see TV, but I keep coming back for more – much like at the Caesar’s Palace buffet.

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A Reckoning for Automotive Holdouts? or Are SEP Holders Getting Fed Up?

JD Supra Law

Readers of this blog will understand that many of the key automotive OEMs have been refusing for quite some time to take what, by any measure, is a very reasonable license to most of the key wireless SEPs. Instead, these OEMs have been busy trying all the usual implementer games (with a new one – licensee cartels – thrown in for good measure).