Mon.Jan 24, 2022

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The Best Starting Place for People New to Copyright

Plagiarism Today

If you are new to copyright, there are many great guides on the internet, including this one here. However, for someone coming in with almost no understanding of how copyright works, it may not be the best place to begin. The reason is fairly simple. Most guides, including my own, are geared toward helping people understand copyright within the context of the issues they dealing with.

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USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

Intellectual Property Law Blog

Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action.

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3 Count: Frequent Flyer

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: American Airlines Suing The Points Guy Over App That Syncs Frequent Flyer Data. First off today, Kim Lyons at The Verge reports that American Airlines has filed a lawsuit against the travel tips website The Points Guy alleging that the site has violated their copyrights, trademarks and the terms of service of their frequent flyer program.

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USPTO’s Pilot Program for Deferring Subject Matter Eligibility Response

Intellectual Property Law Blog

Introduction On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program. Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action.

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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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EU General Court upholds finding of partial invalidity of the Moon Boot shape trade mark

The IPKat

Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear.

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RIAA Discards EFF’s YouTube-DL Letter, Notes That it ‘Regularly Sides With Infringers’

TorrentFreak

Last October, the RIAA secured a major victory in its piracy lawsuit against YouTube-rippers FLVTO.biz and 2conv.com, and their Russian operator Tofig Kurbanov. A Virginia federal court issued a default judgment in favor of several prominent music companies after the defendant walked away from the lawsuit. According to the order, there is a clear need to deter the behavior of Kurbanov who failed to hand over evidence including server logs.

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More Trending

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Movie Companies Use DMCA ‘Shortcut’ To Expose Alleged CenturyLink Pirates

TorrentFreak

When copyright holders observe an IP address sharing unauthorized content in a BitTorrent swarm, they need to match that IP address to a real-life name and physical address if they want to take things any further. Since there are no online resources that can reliably supply that information, copyright lawsuits – especially those aimed at extracting a cash settlement from a target – are often filed against ‘John Doe’ defendants.

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IPO & Harrity Analytics Release List of Top 300 Patent Holders for 2021

JD Supra Law

Last month, the Intellectual Property Owners Association (IPO) and Harrity Analytics announced the release of the 39th annual list of the top 300 organizations receiving U.S. utility patents (see "Top 300 Organizations Granted U.S. Patents in 2021"). Patent Docs readers may recall that the U.S. Patent and Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better.".

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The challenge of patenting combination claims at the EPO

The IPKat

A patent relating to combination claims is the subject of the latest referral to the CJEU on the interpretation of the SPC regulation ( IPKat ). Even before you get to the question of whether SPCs are available for combination therapies, demonstrating the patentably per se of combination therapies is a challenge in and of itself. As recent Boards of Appeal case law confirms, a claimed therapeutic combination must not have been the subject of accidental anticipation ( T 2056/17 ), must show more

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Federal Anti-Monopoly Service comes to the rescue in Russia

Managing IP

Vladimir Biriulin of Gorodissky & Partners discusses a pharmaceutical case in which unfair competition was proved, despite a finding of no patent infringement

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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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Patent Benefits: 4 Advantages of Patenting Your IP

IP.com

Patenting an invention is a long, complex, and costly process that might not seem worthwhile, especially for small businesses or entrepreneurs. However, in many cases patents offer benefits that other. The post Patent Benefits: 4 Advantages of Patenting Your IP appeared first on IP.com - IP Innovation and Analytics.

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How does receiving a PPP Loan impact filing my company’s taxes?

LexBlog IP

Welcome to 2022 tax season! As the vast majority of businesses, small and large, were affected by the COVID-19 pandemic, many companies received support through the Paycheck Protection Program. However, there were many question marks with the Paycheck Protection Program, such as the timing of forgiveness and if eligible expenses are deductible for federal income tax purposes.

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Is Silence Disclosure? The Federal Circuit Clarifies its Position on Negative Claim Limitations

JD Supra Law

In Novartis Pharms. Corp. v. Accord Healthcare, Inc., No. 21-1070, slip op. at 7 (Fed. Cir. Jan. 3, 2022), the defendant posed two distinct written-description challenges to Novartis’s patent claims, regarding (1) a daily dosage of 0.5 mg and (2) “absent an immediately preceding loading dose.” The Federal Circuit again “resisted imposition of heightened written description standards for negative limitations” and relied primarily on expert testimony to uphold the district court’s finding that the

Patent 98
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Moderna, Nike and TSMC among pandemic-era outperformers in patent portfolio strength

IAM Magazine

Innovation metric that’s agnostic to patent quantity highlights diverse group of companies that have put distance between themselves and their competition over the past two years.

Patent 97
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Judge Burke Recommends Grant of Defendants’ Motion for Judgment on the Pleadings in Inventorship Dispute Action

JD Supra Law

In his Report and Recommendation entered in Bear Box LLC et al. v. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J. Burke recommends that the Court grant Defendants’ Motion for Judgment on the Pleadings seeking the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint which purport to assert state law claims for conversion, unjust enrichment, and negligent misrepresentation.

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Deliberately Incorporating IP into Business Strategy

IP.com

Intellectual property is a valuable business asset. As companies incorporate AI and other advanced technologies into their business strategies, as well as look for ways to cut costs in an. The post Deliberately Incorporating IP into Business Strategy appeared first on IP.com - IP Innovation and Analytics.

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Chegg Denies Infringement Allegations

BYU Copyright Blog

Last year we reported on a lawsuit between Chegg, Inc. (“Chegg”) and Pearson Education (“Pearson”). Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks. You can read about Pearson’s arguments and accusations in our September 27, 2021, post.Since our last post, Chegg responded to Pearson's allegations.

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The Law Bytes Podcast, Episode 114: The Citizen Lab’s Ron Deibert on Protecting Society from Surveillance Software

Michael Geist

The Citizen Lab at the University of Toronto , led by Professor Ron Deibert , has a well-earned reputation for uncovering surveillance technologies and security vulnerabilities with research and reports that attract immediate attention worldwide. Professor Deibert has won an incredible array of awards and accolades for his remarkable work, including the Order of Ontario and the EFF’s Pioneer Award.

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World's top two laptop/tablet battery makers waging patent battle in China

IAM Magazine

Japan-owned ATL files lawsuits in Fuzhou against Chinese rival Zhuhai CosMX, which says it has enough cash to weather worst-case litigation scenarios.

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How to Set Up Your Own Business in India

IP and Legal Filings

INTRODUCTION. A foreign company can set up a business in India under the Companies Act, 2013 as a Wholly Owned Subsidiary, Joint Venture or Associate Company or by setting up a Liaison Office, Project Office, or Branch Office of the foreign Company. Now in this article, we will discuss the procedural aspect of the Incorporation of a Wholly Owned Subsidiary Company in India.

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It’s a Small World in Big Pharma – My Internship at TEVA Canada Ltd.

IPilogue

Vivian Sim is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. I was largely oblivious to the processes of prescription and generic substitution before my internship at Teva Pharmaceuticals. Little did I know that pharmacists had the discretion of substituting generics for brand name medicines, unless the prescriber had indicated ‘no substitution’ on the pre

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USPTO Programs Offer Help To Underresourced Innovators

IP Law 360

The U.S. Patent and Trademark Office on Monday announced the creation of several new programs it hopes will improve access to patents and trademarks for people who have been historically underrepresented in the U.S. intellectual property system.

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Apple/ Ericsson Dueling FRAND Suits Highlight Issues With Recent Proposed Changes in DOJ’s SEP Policies

IP Watchdog

On January 19, consumer tech giant Apple filed a complaint with the U.S. International Trade Commission (USITC) asking the agency to institute a Section 337 investigation against Swedish telecom firm Ericsson, asserting a trio of patents related to millimeter wave technology used by electronic devices communicating on mobile 5G networks. The Section 337 complaint is the latest salvo in a legal battle that highlights the mounting tension surrounding standard-essential patents (SEPs) and where inf

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Suit Against Ex-USPTO Director Should Stay Alive, Biz Says

IP Law 360

A technology company has blasted former U.S. Patent and Trademark Office Director Michelle Lee and other former and current patent office officials for taking the "extreme" step of arguing they are immune from facing claims that they rigged the inter partes review system to serve tech giants like Google.

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Deputy Secretary Graves Visits Upstate New York Tech Hubs with Senate Majority Leader Schumer to Discuss Importance of Passing CHIPS Funding

U.S. Department of Commerce

Deputy Secretary Graves Visits Upstate New York Tech Hubs with Senate Majority Leader Schumer to Discuss Importance of Passing CHIPS Funding. January 24, 2022. KCPullen@doc.gov. Mon, 01/24/2022 - 14:13. ICT Supply Chain. Manufacturing. Today, U.S. Deputy Secretary of Commerce Don Graves and Majority Leader Senator Chuck Schumer spent the day in Albany and Syracuse, New York, to highlight the importance of domestic semiconductor manufacturing in the United States and the need to pass the U.S.

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Art Collector Sues For Right To Sell NFTs Of Indian Mural

IP Law 360

An art collector who purchased a painting by Indian artist M.F. Husain has told a New York federal court he's been threatened with copyright infringement claims from the artist's estate over plans to sell non-fungible tokens based on the vivid 60-foot mural.

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This Week in Washington IP: The Patchwork of State Data Privacy Laws, The Future of Digital Currencies and the TPAC’s Quarterly Meeting

IP Watchdog

This week in Washington IP news, both houses of Congress remain very quiet, as both the Senate and the House of Representatives enter scheduled work periods. Elsewhere, the Information Technology & Innovation Foundation explores the growing patchwork of state-level data privacy regulations and the drag it produces on the Internet economy. Also, the Bipartisan Policy Center hosts a chat with the Honorable Keith J.

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11th Circ. Affirms Telemundo Win In TV Series Copyright Suit

IP Law 360

The Spanish language television network Telemundo Television Studios LLC did not violate a copyright agreement by producing a telenovela series beyond a second season, the Eleventh Circuit ruled Monday, affirming a Florida federal court's finding.

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ITC Monthly Wrap-Up: December 2021

JD Supra Law

Unlocking A Public Interest Exemption Based On A Questionnaire - Synopsis: Upon consideration of the public interest factors, the Commission recently allowed the use of a questionnaire to demonstrate a “documented need” for continued importation and sale of an infringing article for a period of one year following entry of its remedial orders.

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COVID Fuels Top Firms' Priorities In 2022

IP Law 360

As firms set their goals for 2022, it seems that the COVID-19 pandemic is once again embedded in where the legal industry is going next. Here are three key priorities for firms as they move into yet another year shaped by COVID-19.

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USPTO’s New Deferred Subject Matter Eligibility Response Pilot Program

JD Supra Law

Recently, the U.S. Patent and Trademark Office (“USPTO”) published a notice informing the public that it will be implementing a pilot program (called the Deferred Subject Matter Eligibility Response Pilot Program, or the “DSMER Pilot Program”) to determine the value of allowing applicants to defer responding to 35 USC § 101 rejections (commonly known as “101 rejections” or “Alice rejections”).

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Fed. Circ. Upholds Patent App Injunction In Trade Secret Row

IP Law 360

The Federal Circuit on Monday held that Masimo Corp. and Cercacor Laboratories Inc. rightly won a preliminary injunction from a California federal judge blocking a former employee's patent application on a pulse oximeter from becoming public over trade secret exposure.

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Guest Post: Community Ties in Patent Litigation

Patently-O

Guest post by Professors J. Jonas Anderson and Paul Gugliuzza. Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. – Jason. Following tradition, on the last day of 2021, Chief Justice Roberts provided his annual year-end report on the federal judiciary.

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Record Labels Lose Appeal In Irish Royalties Case

IP Law 360

An Irish appellate court has rejected an appeal brought by a company that represents major record companies after Europe's highest court handed a victory to a group of musicians in a long-running battle over royalties for music recordings broadcast in Ireland.

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Moderna, Nike and TSMC among pandemic-era outperformers in patent portfolio strength

IAM Magazine

Innovation metric that’s agnostic to patent quantity highlights diverse group of companies that have put distance between themselves and their competition over the past two years.

Patent 52