Mon.Jan 03, 2022

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3 Count: Sealed with a Kiss

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Authors Win $7.8 Million Default Judgment in Global Piracy Lawsuit. First off today, Andrew Albanese at Publishers Weekly Reports that a collection of publishers and authors have secured a default judgement against a piracy service named KISS Library, this one awarding them $7.8 million in damages as well as a broad injunction against the site.

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YouTube Rippers Oppose $82 Million ‘Piracy’ Damages Recommendation

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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The Road Ahead: Predicting IP Developments to Watch in 2022

IP Watchdog

Once again, this year we asked a selection of IP stakeholders to weigh in on what important IP events they see unfolding in the year ahead. While crystal balls were not required, respondents were encouraged to take their best educated guesses about what the future holds for IP in 2022. From the Federal Trade Commission (FTC) to the Supreme Court to the International Trade Commission (ITC), there is a lot to keep on our radar.

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USPTO News Briefs - January 2022

JD Supra Law

USPTO Proposes Electronic Issuance of Patents - In a notice of proposed rulemaking published last month in the Federal Register (86 Fed. Reg. 71209), the U.S. Patent and Trademark Office is proposing to issue patents electronically through its patent document viewing systems (i.e., Patent Center and Patent Application Image Retrieval (PAIR)). .

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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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Chief Justice Orders Review of Venue, Case Assignment for Patent Cases in Western District of Texas

IP Watchdog

While Chief Justice Roberts did not mention the Western District of Texas by name, that is what he is concerned about, which is clear from his reference to Senators expressing concern— concern that has been expressed relative to patent case assignment in the Western District of Texas. When a patent owner files a patent infringement lawsuit in the Western District of Texas the case will be assigned to Judge Alan Albright with virtual certainty.

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BREAKING: Jury Convicts Ex-Theranos CEO Elizabeth Holmes Of Fraud

IP Law 360

A California federal jury convicted former Theranos CEO Elizabeth Holmes on four counts in her criminal fraud trial Monday, finding her guilty of conspiracy and three counts of wire fraud for intentionally defrauding investors, but clearing her of charges she defrauded patients with bogus blood-testing technology she knew didn't work.

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Patent Abandonment: Why It Matters

IP.com

When inventors, patent lawyers, and IP teams talk about patent abandonment, there are multiple practices they could be referring to. A patent or patent application can be abandoned at multiple. The post Patent Abandonment: Why It Matters appeared first on IP.com - IP Innovation and Analytics.

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Two New Intellectual Property Laws Now in Effect – at Least in Theory

McBayer IP Blog

Posted In copyright , Intellectual Property , streaming Two intellectual property (“IP”) pieces of legislation were tucked into Congress’ 2020 federal omnibus spending bill, the “Consolidated Appropriations Act of 2021,” and since it is now 2022, we thought it would be a good time to check in on those laws. The Copyright Alternative in Small Claims Enforcement Act (“the CASE Act”) was passed to create a small claims alternative for copyright disputes, an

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Who Owns IP? 3 Recent Employer vs Employee Disputes

IP.com

When Spotify’s year-in-review feature, Spotify Wrapped, launched in late 2021, our friends’ and families’ most-listened-to songs appeared in our social media feeds alongside a viral article titled, “The Intern Who. The post Who Owns IP? 3 Recent Employer vs Employee Disputes appeared first on IP.com - IP Innovation and Analytics.

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Cooperative Apartment Corporations Receive Relief from 2019 HSTPA Severe Provisions

GDB Firm Blog

On December 22, 2021, Governor Hochul signed into law L2021, Ch 789, thereby relieving cooperatives from certain restrictions that were imposed under the Housing Stability and Tenant Protection Act of 2019 (the "HSTPA"). The new law addresses and corrects certain unintended consequences of the HSTPA, by which New York State rewrote its Landlord-Tenant law and enacted numerous tenant protection provisions.

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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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The Federal Government Should Reinstate the 2019 Policy Statement on Standard Essential Patents

IP Watchdog

The Justice Department's December 6, 2021 Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments ("2021 DPS") badly misses the mark and merits a failing grade. By contrast, the 2019 PS (issued by the Justice Department, NIST, and the U.S. PTO) is eminently sound, and merits being reaffirmed.

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Patent Cases To Watch In 2022

IP Law 360

The U.S. Supreme Court may consider whether a car part is a law of nature that can't be patented, and multiple courts are mulling the extent of the Patent Trial and Appeal Board's discretionary powers. Here's what you need to know about these and other high-profile patent cases.

Patent 75
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Best of 2013: It’s fun to stay at the U-N-T-A!

Likelihood of Confusion

First published May 19, 2013. Last year there was much Strum und Drang here about INTA — sorry, I mean The I-N-T-A!, which stands for International Trademark Association! (now there’s. The post Best of 2013: It’s fun to stay at the U-N-T-A! appeared first on LIKELIHOOD OF CONFUSION™.

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Patent Litigation Trends To Watch In 2022

IP Law 360

Patent attorneys are optimistic that some digital litigation shortcuts put in place due to the pandemic will remain in place going forward to cut down on travel, while the prominence of litigation funding and emerging technologies appear to be spurring new and different types of patent cases and court strategies. Here are the patent litigation trends to watch this year.

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What Is a Trademark Opposition and What Should I Do if My Application is Opposed?

JD Supra Law

A trademark opposition is a type of litigation proceeding at the Trademark Trial and Appeal Board (Board) where a third party can object to your application before it is granted a registration.

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Copyright Cases To Watch In 2022

IP Law 360

A U.S. Supreme Court fight involving fast-fashion giant H&M over when copyright registrations should be invalidated due to errors and a fair use battle over Andy Warhol's Prince portraits are just some of the major copyright cases to look out for this year. Here are the cases you need to watch in 2022.

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Health Canada Approves Celltrion’s Adalimumab Biosimilar, YUFLYMA

LexBlog IP

According to various reports , Celltrion has received approval from Health Canada for YUFLYMA, a biosimilar of AbbVie’s HUMIRA product. YUFLYMA was previously approved in Europe, and is a high-concentration, low-volume, citrate-free formulation of adalimumab. The post Health Canada Approves Celltrion’s Adalimumab Biosimilar, YUFLYMA appeared first on Big Molecule Watch.

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Copyright & Trademark Policy To Watch In 2022

IP Law 360

Copyright and trademark attorneys will have plenty to monitor in 2022, including changes to the standard for injunctive relief in trademark infringement cases, new procedures to challenge trademark registrations at the U.S. Patent and Trademark Office and the implementation of the newly created Copyright Claims Board.

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Healthcare Res. Mgmt. Grp., LLC v. Econatura All Healthy World, LLC – A Cautionary Tale: Meticulous or Careless Strategy Required to Prove Your Trade Secret Claim

JD Supra Law

In a recent decision from the U.S. District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. While the plaintiff showed that at least some defendants had access to the plaintiff’s alleged trade secret protected CBD cream formula and manufacturing process, the plaintiff failed to demonstrate that the defendants’ accused CBD cream product was manufactured using the.

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Trademark Cases To Watch In 2022

IP Law 360

From a Federal Circuit dispute over a company's use of the same names as Coca-Cola brands in India to a California district court fight stemming from an influencer's sponsored blog post, this year has plenty of significant trademark cases in store. Here are the cases you need to watch in 2022.

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Holland & Knight's China Practice Newsletter: January-February 2022

JD Supra Law

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: Patterns of Trade Secret Issues.Fiduciary Responsibilities When Auctioning Property.Maintaining the Integrity of Corporate Internal Investigations: What Corporate and Legal Officers Should Know.An Introduction to Georgia's Statewide Business Court Please see full Publication below for more information.

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Associate Hiring Outlook At Law Firms Is Bright For 2022

IP Law 360

After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

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Healthcare Res. Mgmt. Grp., LLC v. Econatura All Healthy World, LLC – A Cautionary Tale: Meticulous or Careless Strategy Required to Prove Your Trade Secret Claim

LexBlog IP

In a recent decision from the U.S. District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. While the plaintiff showed that at least some defendants had access to the plaintiff’s alleged trade secret protected CBD cream formula and manufacturing process, the plaintiff failed to demonstrate that the defendants’ accused CBD cream product was manuf

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After Chaotic 2021, NCAA Faces Reckoning On Athlete Rights

IP Law 360

The NCAA’s grasp over college sports is slipping as schools begin to embrace athletes commercializing their names, images and likenesses and as a new set of legal challenges over athlete unionization and employment status are coming down the pike. Here’s a look at the key issues that could usher in further change in 2022.

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TTAB Sustains Section 2(d) Opposition to ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design for Charitable Fundraising

The TTABlog

The Board sustained this opposition to registration of the mark ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design on the ground of likelihood of confusion with the common law mark WALK TO END ALZHEIMER'S & Design , both marks for charitable fundraising services. The Board readily rejected the applicant's prior registration (a/k/a Morehouse ] defense.

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Bacardi Sues PTO Over HAVANA CLUB

LexBlog IP

The Cuban government seized Bacardi’s assets in Cuba in 1960. While the assignee of those rights may not lawfully utilize the mark in the U.S., the U.S. government will not extinguish any rights the assignee may have in the U.,S. Bacardi has been fighting this for decades. Coverage of the HAVANA CLUB saga here. Text of complaint in Bacardi v PTO: bacardi v pto complaint.

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2022 Trials To Watch: Opioids, Oracle And Theranos Redux

IP Law 360

With courts still grinding through pandemic trial backlogs, lawyers have a lot on their plates for 2022, including a second Theranos prosecution, more opioid public nuisance claims, and bellwether trials in the nation's biggest mass litigation.

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What’s ahead for the global IP market in 2022

IAM Magazine

Predictions from the IAM editorial team on what the next twelve months have in store.

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Buckle Up: Wild Ride Awaits Health, Life Sci Policy In 2022

IP Law 360

Health care and life sciences lawyers are bracing for a fast and furious 2022 as important legislation rolls out and revs up across the health insurance, health care, drug and device industries, fueling activity in a dizzying number of legal practices. Here, Law360 surveys the road ahead in five key policy areas this year.

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What’s ahead for the global IP market in 2022

IAM Magazine

Predictions from the IAM editorial team on what the next twelve months have in store.

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2022 Trends And Predictions For Patent Litigation

IP Law 360

In 2022, patent litigators can expect continued demands for clarity on Section 101 law, patentees' reconsideration of venue selection based on recent Federal Circuit mandamus decisions, and the continuation of hybrid work for several pretrial proceedings, say attorneys at MoFo.

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5 Copyright Stories to Watch in 2022

Plagiarism Today

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. However, in pretty much all the cases below, the table was set for them in years past. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon.

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Huge New Global Anti-Piracy Coalition Will Tackle Manga & Anime Piracy

TorrentFreak

In the summer of 2017, some of the world’s largest entertainment groups formed a huge coalition with a mission to reduce online piracy. Comprised of more than 30 companies, the Alliance for Creativity is now at the forefront of global anti-piracy enforcement. By combining its members’ resources to tackle infringement wherever it may occur in the world, the cross-border nature of piracy is now being addressed more effectively.

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FTC reviews non-compete agreements: An Update On The Future Of Restrictive Covenants Following The Biden Administration’s Proposed Curtailment and Safeguarding of Proprietary Information

LexBlog IP

In July 2021 , President Biden signed an Executive Order directed at promoting competition in the U.S. economy. As part of that overarching goal, the Biden Administration tasked the Federal Trade Commission (“FTC”) with curtailing the use of non-compete clauses “and other clauses or agreements that may unfairly limit worker mobility.” While the FTC has only recently initiated informal proceedings on the issue, the agency – and perhaps Congress as well – seems