Fri.Sep 01, 2023

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A 4% Link Tax: Why the Government’s Draft Bill C-18 Regulations Just Increased the Chances of No News on Meta and Google in Canada

Michael Geist

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the

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Notice of Inquiry Issued on Copyright and Artificial Intelligence Issues

JD Supra Law

Yesterday, in the Federal Register, the U.S. Copyright Office issued a notice of inquiry (NOI) regarding copyright and artificial intelligence (AI). The Office has decided to do a study on whether legislative or regulatory steps are necessary to address the copyright law and policy questions that arise from generative AI.

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USPTO Downsizes HQ; Building Owner Faces Financial Troubles

Patently-O

The U.S. Patent and Trademark Office (USPTO) has called their 2.4 million square foot headquarters in Alexandria, Virginia home since 2005. But the agency does not actually own the cutting-edge facility located in the Carlyle neighborhood near the Potomac riverfront. Instead, the USPTO has leased the complex from New York-based real estate owner LCOR.

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Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award

SpicyIP

We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law.

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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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YouTube Defeats Mexican Movie Tycoon’s Piracy Lawsuit

TorrentFreak

Two years ago, Spanish-born movie tycoon Carlos Vasallo sued YouTube at a Florida federal court over various piracy-related claims. The actor and producer owns the rights to the world’s largest collection of Mexican and Latin American movies, many of which are illegally shared on YouTube. The lawsuit accused YouTube of not doing enough to stop people from uploading pirated copies of Vasallo’s content.

Reporting 101
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Hacked Off at Facebook

The Illusion of More

Well, it finally happened. After criticizing the worst effects of social media for over 10 years, I was finally hacked, locked out of my Facebook account, and (I assume) will be unable to restore any of the material or connections going back to 2007. I’m sharing the details in this post because what I now […] The post Hacked Off at Facebook appeared first on The Illusion of More.

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Ask the Expert: What happens if I get hurt or sick, and can’t work?

Nelligan Law

Reading Time: < 1 minutes Navigating disability benefits If I get hurt or fall sick and have to take time off, how can I get paid? What are my options if I don’t have disability insurance? What happens if I get fired while I’m on disability benefits? Navigating your rights when it comes to disability benefits can feel overwhelming, especially when already dealing with an injury or illness.

Law 81
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MarkIt to Market® - August 2023

JD Supra Law

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a favorable rules change to the Chinese Trademark Law, and provide two USPTO updates relevant for trademark applicants and owners.

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Happy 10th Birthday, AllAboutLean.com

Christopher Roser

It has been ten years since I started this blog. When I first posted on September 1, 2013, I never though that it would go on this long. But it has. Now there are 525 blog posts (or 663 if you include the Chinese and German translations) and a total of 765 000 words with. Read more The post Happy 10th Birthday, AllAboutLean.com first appeared on AllAboutLean.com.

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MarkIt to Market® - August 2023: How to Lose a Mark in 3 Ways – Part 3: Naked Licensing

JD Supra Law

Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can capitalize on that reputation by extending into new product and service offerings, or outsourcing their current offerings, via license agreements with third parties.

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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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Other Barks & Bites for Friday, September 1: Sisvel Appeal to CAFC Fails in Precedential Ruling; OpenAI Files Motion to Dismiss Parts of Copyright Infringement Lawsuits; Report Claims IPR Changes Could Damage U.S. Economy

IP Watchdog

This week in Other Barks & Bites: The Federal Circuit affirms a win for Sierra Wireless at the Patent Trial and Appeal Board in a precedential ruling on Friday; Google launches a program to watermark AI-generated images; the CAFC affirms a PTAB ruling that invalidated a patent that claimed technology related to Meta’s News Feed; and an economic consultancy firm releases a report that argues rule changes to the IPR system could cost the U.S. economy nearly half-a-billion dollars.

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Three ways to save on official fees at the Canadian Patent Office before January 1, 2024

JD Supra Law

Earlier this year, the Canadian Patent Office announced that it will increase its official fees on January 1, 2024, in some cases by as much as 36%. As a cost-saving measure, applicants and patentees may wish to pay upcoming Patent Office fees before the fee increases come into effect. Here are three ways that applicants could save on official fees that might be paid early.

Patent 75
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Venable LLP is Seeking a Trademark Prosecution Attorney

IP Watchdog

Venable LLP's Trademark Prosecution and Counseling Group seeks an attorney with five to six years of prosecution-specific experience to join its top-ranked practice. Venable’s World Trademark Review-recognized practice manages large portfolios of trademarks and matters for clients of all sizes – from start-ups and celebrities to nonprofits and multinational corporations.

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PTAB Issues Final Written Decisions Finding Claims of Tocilizumab-related Patents Invalid

JD Supra Law

On August 29, 2023, the PTAB issued final written decisions in IPR2022-00578 and IPR2022-00579, filed by Celltrion on two patents related to tocilizumab — U.S. Patent Nos. 8,580,264 and 10,874,677, owned by Chugai Seiyaku Kabushiki Kaisa, Genentech, Inc, and Hoffmann La Roche, Inc.

Patent 75
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Off The Bench: Sports & Betting Law News You Need To Know

IP Law 360

Welcome to Off The Bench, Law360's rundown of the most essential sports and betting news. This week, a chess prodigy is reinstated after a messy defamation fight; the head of Spanish soccer faces calls for his job; and Michael Avenatti can't undo his conviction for attempting to defraud Nike.

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[Video] The Briefing: A Prototypical Corporate Salesperson is Not Patentable

JD Supra Law

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing.

Patent 73
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CAFC’s Joint Inventorship Analysis Challenged in SCOTUS Petition

IP Watchdog

HIP, Inc. recently filed a petition for writ of certiorari with the U.S. Supreme Court asking the Justices to review a May 2023 U.S. Court of Appeals for the Federal Circuit (CAFC) decision holding an inventor’s contribution to a patent for methods of pre-cooking bacon and meat pieces did not satisfy the joint inventorship test because the contribution was “insignificant in quality.

Patent 69
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PTO Allows Another Bite at the Apple

JD Supra Law

On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act.

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4th Appeal In Commodores' TM Suit Not Easy For 11th Circ.

IP Law 360

It is taking much more than once, twice, three times an appeal in the Commodores' nine-year trademark battle with a former member, as the Eleventh Circuit ruled on Friday that a fourth appeal in the suit over roughly $600,000 in attorney fees requires more fact-finding.

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Federal Circuit: Patent Term Adjustment Results in Invalidity on Obviousness-Type Double Patenting Grounds

JD Supra Law

The Federal Circuit recently affirmed a United States Patent and Trademark Office (PTO) decision to invalidate four related patents on obviousness-type double patenting grounds (OTDP), holding that any analysis of OTDP for patents that were granted a patent term adjustment (PTA) by the PTO should be based on an expiration date that includes the PTA.

Patent 70
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TTAB Posts September 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ä€-Bee) has scheduled nine oral hearings for the month of September 2023. Seven of the hearings will be held via video conference; two will be "In Person," as indicated below. Briefs and other papers for each case may be found at TTABVUE via the links provided. September 7, 2023 - 11:15 AM [In Person, North Carolina Central University School of Law, Durham, NC]: In re Vinedo de Zorra, LLC , Serial No. 90055100 [Section 2(d) refusal to register VINEDO

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This Case Can Wait – Judge Rochon Finds Stay Warranted After Institution of IPR

JD Supra Law

On August 4, 2023, United States District Judge Jennifer L. Rochon (S.D.N.Y.) granted Plaintiff Nanobebe US Inc.’s (“Nanobebe”) motion to stay the case pending the resolution of an instituted inter partes review (“IPR”) proceeding seeking to invalidate Mayborn (UK) Ltd.’s (“Mayborn”) two asserted patents.

Patent 70
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The Briefing: A Prototypical Corporate Salesperson is Not Patentable

The IP Law Blog

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here. Read more about this case on the IP Law Blog here.

Patent 62
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Petitioner Faulted For Not Preemptively Addressing Fintiv

JD Supra Law

On July 17, 2023, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review petition based on the stature of a related U.S. District Court of Delaware action. See Vector Flow, Inc. v. HID Global Corp., IPR2023-00353, Paper 8 (July 17, 2023). Under §314(a), institution of an inter partes review is discretionary.

Patent 65
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Vorys Hires Sheppard Mullin IP Expert In Houston

IP Law 360

Vorys Sater Seymour and Pease LLP is growing its Texas team, bringing in a Sheppard Mullin Richter & Hampton LLP intellectual property attorney as a partner in its Houston office.

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Whirlpool Wins Appeal Against Chinese Manufacturer in KITCHENAID Trademark Lawsuit

LexBlog IP

The Fifth Circuit upheld a preliminary injunction last week prohibiting Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. and Shenzhen Sanlida Electrical Technology Co., Ltd. (collectively “Shenzhen”) from selling stand mixers that allegedly infringe Whirlpool Corp.’s (“Whirlpool”) famous KITCHENAID trademarks and trade dress.

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1st Circ. Ruling Bolsters Insurer Trade Secret Protections

IP Law 360

The First Circuit recently upheld a ruling that two former Allstate agents misappropriated the company's trade secrets by using spreadsheets containing information about thousands of customers for their own business, which experts said may tip scales against future defendants.

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Pat Muffo Presents myLawCLE Webinar on AI for Patent Attorneys

LexBlog IP

Pat Muffo, Partner in Seyfarth’s Intellectual Property practice presented the “AI for Patent Attorneys: Opportunities and Challenges” session as part of myLawCLE’s “AI for Lawyers: A practical guide to generative AI, copyright, privacy, and more” webinar series. The webinar session is available on demand on Thursday, August 31, 2023 through the myLawCLE website.

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Ask the Expert: What happens if I get hurt or sick, and can’t work?

Nelligan Law

Reading Time: < 1 minutes Navigating disability benefits If I get hurt or fall sick and have to take time off, how can I get paid? What are my options if I don’t have disability insurance? What happens if I get fired while I’m on disability benefits? Navigating your rights when it comes to disability benefits can feel overwhelming, especially when already dealing with an injury or illness.

Law 52
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The Briefing: A Prototypical Corporate Salesperson is Not Patentable

LexBlog IP

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here. Read more about this case on the IP Law Blog here.

Patent 52
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Jaguar V. Puma Energy, the Catfight

Biswajit Sarkar Copyright Blog

Legal disputes which Jaguar and Puma Energy are embroiled in have been widely followed for some time now. The proceedings were initiated by Jaguar against Puma Energy, the primary contention being that the logos of both these companies display similar optical representations of wild felines. We are no strangers to the words “ Jaguar ” and “ Puma Energy ”.

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Sanctions for noncompliance with SAGRILAFT

Olartemoure Blog

The Colombian Superintendency of Companies recently confirmed a $30.403.200 COP fine against the colombian branch of a foreign construction company. Representing around USD 7,440, the penalty was issued as the result of a failure to comply with the local regulation regarding the prevention of money laundering (known as SAGRILAFT ). In addition, the Superintendency ordered that the sanction be read at the next meeting of the highest corporate body.

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Google Gets it Right

Likelihood of Confusion

Perfect discrimination is every seller’s dream. The Internet at once promises to make that dream reality and yet provides consumers with the range of choice and potential transparency of the. The post Google Gets it Right appeared first on LIKELIHOOD OF CONFUSION™.

Law 52
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Proposal to amend colombian regulation

Olartemoure Blog

On August 9, 2023, a new bill was filed through which provisions are issued to amend the Colombian General Data Protection Regulation, guaranteeing the Habeas Data right. In this way, the bill seeks to fill a regulatory gap through the implementation of new concepts, rules, principles and scenarios of processing personal data, with the aim of creating a sturdy legal system.

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[Audio] Podcast: The Briefing - A Prototypical Corporate Salesperson is Not Patentable

JD Supra Law

The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing.

Patent 56