Wed.Jul 28, 2021

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3 Count: Dirty Cheaters

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement. First off today, Andy Maxwell at Torrentfreak writes that video game makers Bungie and Ubisoft have filed a lawsuit against five individuals that they allege are behind the Ring-1 group, which makes and distributes popular cheating software for various games.

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Cox Settles Lawsuit Over ‘Abusive’ DMCA Notice Campaign

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. In December 2015, a Virginia federal jury held Cox Communications responsible for pirating subscribers, ordering the company to pay music publisher BMG Rights Management $25 million in damages. This damages figure was reduced in a settlement agreement but, soon after, the Internet provider was hit with a $1 billion jury verdict in a similar case, which is still under appeal.

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Trending Sources

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The Trademark Protection Decathlon

Erik K Pelton

With the Olympic Games underway in Tokyo, Erik shares the decathlon of trademark protection – 10 steps to building a strong, protected brand name. The post The Trademark Protection Decathlon appeared first on Erik M Pelton & Associates, PLLC. With the Olympic Games underway in Tokyo, Erik shares the decathlon of trademark protection – 10 steps to building a strong, protected brand name.

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Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement

TorrentFreak

Rather than test their skills on a level playing field, some gamers prefer to deploy third-party cheating software to gain a competitive advantage. This is particularly prevalent in multiplayer games where being able to shoot through walls, automatically aim, run at advantageous speeds and retain ammo supplies naturally provides a competitive advantage.

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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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Conception for Joint Inventors

Patently-O

by Dennis Crouch. Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.* Conception is typically referred to as a mental act.

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Valuation of NFTs: Factors to Consider and an Alternative to Destroying the Original Work

JD Supra Law

Seven Important Traits - Attempting to value NFTs is a speculative and challenging practice, in part because they are still relatively new and there are few comparable assets. The newsletter Bankless gives seven traits to consider when determining an NFT’s value: First is chain security. It is important to the buyer that the underlying blockchain stays secure.

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More Trending

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Ironic Advocacy at Its Best: The Bay Apologizes to Hadiya Roderique for Copyright Infringement Mistake

IPilogue

Photo by Joshua Hanson (Unsplash). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . Powerful. Bold. Influential. These are just some of the words that Hadiya Roderique ’s Black on Bay Street self portrait emphasizes for a first-generation Black law student like myself. You can only imagine how much an organization could profit from using those photos for a fundraising campaign for Indigenous, Black and people of colour (IBPOC).

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Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research

IP Watchdog

On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate court affirmed a series of rulings on motions in a copyright and trade secret lawsuit filed in the Southern District of California. Although the Federal Circuit panel in the case “[understood] that Siegler feels unfairly treated as a result of the events she outlines, she was treated more than fairly by the district court,” said

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An Introductory Guide to Patent Prosecution

JD Supra Law

“Patent Prosecution” is a curious phrase for the non-initiated. The term refers to what happens after a patent application is filed with the U.S. Patent & Trademark Office (USPTO), particularly to the back-and-forth exchanges between the Patent Office and the applicant.

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Dority & Manning is Seeking a Patent Attorney or Agent

IP Watchdog

Dority & Manning is looking to fill in a full-time, permanent position of a Patent Attorney or Agent at its office in Greenville, SC. Dority & Manning has developed a dynamic, energetic, and inclusive environment where all individuals are accepted, valued, empowered, and able to meet their highest potential.

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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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[Audio] Sidebars Podcast | Jamie Graham: Charting Her Own Course

JD Supra Law

Jamie Graham is currently Associate Director and Senior Patent Counsel at Boehringer Ingelheim USA. Prior to joining Boehringer, Jamie practiced patent law for 30 years at Kilpatrick Townsend, many of them as a partner. At the firm, she focused on IP issues relating to biological and chemical technologies, particularly in the areas of biotechnology, diagnostics, immunology, and pharmaceuticals.

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Could a Surge in Trademark Applications Delay Your Food or Beverage Business Launch?

IP Watchdog

When launching a new restaurant or food or beverage company, your plate is likely full enough. To add to the pile, this last year was no stranger to delays and pivots for businesses. And we’ve been noticing one more delay that may impact your new venture. Last month, the United States Patent and Trademark Office (USPTO) posted a blog entry on its website addressing a development that trademark practitioners have been aware of for months: trademark applications have surged to unprecedented levels

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Australian Court Holds That Use of a Corporate Logo for Purposes of Engaging in a Public Campaign Amounts to Mostly Fair Dealing

JD Supra Law

Australia's Copyright Act allows for various "fair dealing" defenses that set out defined categories of acceptable uses of copyrighted work. These uses include research or study, criticism or review, parody or satire, reporting the news, and provision of legal advice.

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Deadlines: Thoughts for Good and Bad Practices?

Patently-O

By David Hricik, Mercer Law School. Over the decades (sigh) I’ve been involved in various capacities in cases where practitioners have missed deadlines. Sometimes, the client’s partly to blame. For example, imagine a client at the last minute dumping a lot of information they expect to be included in an application or any claim is barred (say by a prior publication).

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MarkIt to Market® - July 2021: Budding Legislation – The Cannabis Administration and Opportunity Act

JD Supra Law

On July 14, 2021, Senate Majority Leader Chuck Schumer, together with Senate Finance Committee Chair Ron Wyden and Senator Cory Booker, released a discussion draft of the Cannabis Administration and Opportunity Act (the “CAOA”), comprehensive legislation that proposes, among other things, removing cannabis from the Controlled Substances Act (CSA), empowering states to implement and control their own cannabis policies, transferring agency functions with respect to regulation of cannabis products,

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The benefits of outsourcing patent activities for life science companies in a changing IP landscape

IAM Magazine

As life science companies reassess their IP strategies in the wake of covid-19, outsourcing patent research and analysis could be an ideal solution to issues associated with patentability and patent cliffs.

IP 98
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CAFC Patent Cases - July 2021 #2

JD Supra Law

Precedential Federal Circuit Opinions - CHEMOURS COMPANY FC, LLC v. DAIKIN INDUSTRIES, LTD. [OPINION] (22020-1289, 2020-1290, 7/22/2021) (Newman, Dyk, Reyna) - Reyna, J. The Court reversed the PTAB’s obviousness determinations in two IPRs, concluding that the PTAB’s “decision on obviousness is not supported by substantial evidence” and that the PTAB “erred in its analysis of objective indicia of nonobviousness.”.

Patent 82
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Frivolous copyright claims don’t automatically merit fee awards

Likelihood of Confusion

The New York Law Journal reports that my old friend Southern District Judge Denise Cote has turned down Fox Entertainment Group’s attempt to recoup almost $280,000 in attorney’s fees (pursuant. The post Frivolous copyright claims don’t automatically merit fee awards appeared first on LIKELIHOOD OF CONFUSION™.

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Determination of Equivalents in a Patent Application

Kashishipr

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application. In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether.

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Frozen Mechanicals Crisis: @SealeintheDeal’s Comment to the Copyright Royalty Board

The Trichordist

Gwen Seale challenges the frozen mechanical rates.

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Fed. Cir.: Don’t Expect PTAB to Do Your Work For You

JD Supra Law

The Federal Circuit’s recent decision in Microsoft Corporation v. FG SRC, LLC, No. 2020-1928 (Fed. Cir. June 17, 2021), is a stark reminder that an IPR petitioner must always set forth its grounds in its petition with particularity. In the decision, the Federal Circuit affirmed a decision of the Board not….

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PTAB Decisions & Issue Preclusion

LexBlog IP

What is “Materially Identical?” The doctrine of issue preclusion can prevent an issue previously litigated at the PTAB from being re-litigated in a later proceeding, such as in the district court. In order for issue preclusion to apply, a “materially identical” issue must have been “actually litigated and determined by a valid and final judgment,” where the determination was “essential to the judgment.” See Papst Licensing GMBH & Co.

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PTAB Denies Two CVC Requests Regarding Motions

JD Supra Law

Recently, the Patent Trial and Appeal Board denied two requests by Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") in Interference No. 106,115. In the first, CVC asked a conference call to discuss its renewed request for leave to file a motion against Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, "Broad") that alleged inequitable conduct. .

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Enjeux de communications électroniques versus validité de brevets

LexBlog IP

Dans ce IP Monitor intitulé Email alternatives bring new challenges to supporting patent validity , nous analysons la croissance des plateformes alternatives au courrier électronique et les enjeux concernant la validité des brevets qui peuvent découler de leur utilisation par des entreprises dans le cadre de de la recherche et de développement.

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Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

JD Supra Law

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, to commit a variety of unlawful activities such as impersonating a business, associating themselves with a business without any such connection, or.

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Green innovations call for strong IP protection

IP Blog

We have frequently discussed how technological innovation is vital to the global economy's continued success and how protecting the Intellectual Property central to that process is critical. But it is not enough to simply praise tech for this fact and not examine how it can be much more than a driver of profit or creator of convenience in our personal and professional lives.

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Federal Circuit Review - June 2021

JD Supra Law

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches - In Hyatt v. Hirshfeld, Appeal No. 18-2390, the Federal Circuit held that the PTO met its burden to prove prosecution laches for bulk-filed patent applications claiming priority to applications more than six years old.

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Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

LexBlog IP

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It is easier and cheaper than ever for bad actors to use online tools, whether it be websites, platforms, or online profiles, to commit a variety of unlawful activities such as impersonating a business, associating themselves with a business without any such connection, or othe

IP 52
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Not so fast—the PTAB must provide notice and opportunity for litigants to respond to sua sponte decisions

JD Supra Law

QUALCOMM INCORPORATED v. INTEL CORPORATION Before Moore, Reyna and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A party should be given notice and an opportunity to respond before the PTAB sua sponte departs from an uncontested claim construction in a manner that omits an agreed-upon feature of the claim when the absence of that feature….

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Fishers-Based Formstack, LLC Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Fishers, Indiana – Digital Verification Systems, LLC (“Digital”) is apparently the owner by assignment of U.S. Patent No. 9,054,860 (the “‘860 Patent”) for a Digital Verified Identification System and Method. According to the Complaint, Formstack, LLC (“Formstack”), the Defendant, offers at least one Product, Formstack Sign, that infringes one or more claims of the ‘860 Patent.

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Stive Cattapan

Herbert Smith Freehills

Profile Picture : First Name : Stive. Last Name : Cattapan. Job Title : Head of Legal Operations, Pricing & Analysis. Phone Number : +61 3 9288 1538 +61 3 9288 1538. Email : Email Stive.Cattapan@hsf.com.

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Tencent’s VVC move underlines role China will play in development of the technology’s patent landscape

IAM Magazine

Chinese companies have been heavily engaged in the new standard and look set to own key elements of the IP, while also being early adopters in their product offerings.

IP 52
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David Dunn

Herbert Smith Freehills

Profile Picture : First Name : David. Last Name : Dunn. Job Title : Legal Operations Manager, Disputes. Phone Number : +44 20 7466 3261 +44 20 7466 3261. Email : Email David.Dunn@hsf.com.

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Nokia v Oppo clash brings a big-ticket patent battle to Indonesia

IAM Magazine

Decisions delivered in six months and the availability of injunctions make Southeast Asia’s largest market an attractive proposition for the Finnish company.

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Ian Gilbert

Herbert Smith Freehills

Profile Picture : First Name : Ian. Last Name : Gilbert. Job Title : Director of Legal Operations. Phone Number : +44 20 7466 3959 +44 20 7466 3959. Email : Email Ian.Gilbert@hsf.com.

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