Wed.Feb 09, 2022

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3 Count: Extinguished Spark

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Member of Scene Piracy Group SPARKS Gets 22-Month Prison Sentence. First off today, Ernesto Van der Sar at Torrentfreak writes that George Bridi, a Cyprus man convicted of criminal copyright infringement for his role in the SPARKS scene group, has been sentenced to 22 months for his role.

Licensing 182
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Trademark scams continue to proliferate

Erik K Pelton

Even if there have been some measures to stop, punish, and prevent scammers preying on trademark filers at the USPTO over the last year, it is not enough. More must be done. I get multiple calls, emails, and comments on blog posts asking about the trademark scams every week. Over the last year, the most popular page on my website is about the WTP scam.

Trademark 147
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Trending Sources

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Police Arrest Man For Running Pirate Site Linking to Anime, Movies, TV Shows

TorrentFreak

In 2012, Japan passed legislation that made it illegal to download unlicensed movies and music from the Internet. Eight years later, Japan’s parliament passed new copyright amendments that banned the unlicensed downloading of manga, magazines and academic texts from the Internet, in line with the previously outlawed media categories. At the same time, it introduced provisions for dealing with so-called ‘leech’ sites, platforms that index or link to copyrighted content hosted elsewher

Reporting 131
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Podcast: Talking NFTs and Grift with Neil Turkewitz & David Lowery

The Illusion of More

In this episode, I talk to artists’ rights activists Neil Turkewitz and David Lowery about the scope and nature of fraud in the NFT trade–and why NFTs are yet another false promise to help independent artists in the digital age. Read Neil Turkewitz’s interview with artist bor, a member of the activist group @NFTTheft, and […].

Law 122
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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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Omi in a Hellcat Will Plead Guilty, Suddenly Turns Anti-Piracy Advocate

TorrentFreak

In November 2019, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo, better known by his social media handle Omi in a Hellcat. IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a laundry list of supercars and other vehicles, all alleged to have been purchased with revenues from Carrasquillo’s pirate TV services.

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Why is Market Research Important for Patent Protection?

Kashishipr

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation.

Marketing 119

More Trending

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Abandoned Pipelines and Turbine Graveyards: The Role of Patents in an Aging Energy Sector

IPilogue

Photo by luchschenF ( Shutterstock Image ). Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . Decommissioning is the Future. In the energy sector, decommissioning refers to the practice of dismantling energy installations at the end of their life cycles when they no longer satisfy required standards of safety, security, regulation, economic viability, ethical considerations, or environmental inte

Patent 106
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LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets–Atwal v. LifeLock

Technology & Marketing Law Blog

This is a lawsuit against LifeLock. In August or September of 2018, Atwal allegedly lost approximately $12 million worth of cryptocurrency because a third party misappropriated his credentials. A few months prior, Atwal had subscribed to a LifeLock “ Ultimate Plus ” identify theft protection policy. Atwal now seeks coverage from LifeLock for his loss.

Contracts 103
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Bill C-11’s Foundational Faults, Part One: The Nearly Unlimited Global Reach of CRTC Jurisdiction Over Internet Audio-Visual Services

Michael Geist

My initial post on Bill C-11 , Canadian Heritage Minister Pablo Rodriguez’s follow-up to Bill C-10, focused on the implications for user generated content. That post – along with this week’s Law Bytes podcast – notes that despite assurances that regulating user generated content is off the table, the reality is that the bill leaves the door open to CRTC regulation.

Music 102
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U.S.A.! U.S.A.! My Product Is Made in the USA

JD Supra Law

The Winter Olympics are here. I just watched the women’s U.S. hockey team take on Team Canada and it got me wonderin’: are those sweaters “Made in the USA”? To my knowledge, Nike does not tout them as such, and in fact, Nike has not revealed where its U.S. Olympic team apparel is made.

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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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Why Did Spotify Reduce Its Black Box Royalty Transfer to the MLC by Nearly $2.3 million?

The Trichordist

Why did the MLC allow Spotify to just deduct over $2 million from black box without proof?

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Federal Circuit Review - January 2022

JD Supra Law

January 2022 Federal Circuit Newsletter (Japanese) January 2022 Federal Circuit Newsletter (Chinese) Silence May Support Negative Claim Limitation In Novartis Pharmaceuticals v. Accord Healthcare Inc. Appeal No. 21-1070, the Federal Circuit held that a patent application that was silent about a “loading dose” of a drug provided written description support for a negative claim limitation requiring the absence of such a dose.

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Fed. Circ. Raises The Bar For 'Admitted' Prior Art In IPRs

IP Law 360

Petitioners at the Patent Trial and Appeal Board will no longer be able to use so-called applicant admitted prior art as a basis for invalidating a patent after a Federal Circuit decision against Apple last week, leaving those arguing in inter partes reviews to come up with new strategies.

Art 97
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PMPRB releases report on expensive drugs for rare diseases

JD Supra Law

On January 11, 2022, the Patented Medicine Prices Review Board (PMPRB) released a report entitled Expensive Drugs for Rare Diseases: Canadian Trends and International Comparisons, 2011-2020 as part of the National Prescription Drug Utilization Information System (NPDUIS) initiative. Expensive drugs for rare diseases (EDRDs) are defined in the report as medicines with at least one orphan designated indication through either the US Food and Drug Administration (FDA) or European Medicines Agency.

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Despite 3D-Visision, Appellant Filed in the Wrong Court

Patently-O

Peter Sgromo v. Leonard Scott ( Fed. Cir. 2022 ). Sgromo owned two patents that he transferred to Scott’s company Eureka Inventions. The two had what the courts call a “personal” relationship, and the transfer of rights was apparently done to “repay Scott for money he had given or loaned to [Sgromo] over the course of their relationship.” Bestway (USA), Inc. v.

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H. Lundbeck A/S v. Lupin Ltd.

JD Supra Law

Case Name: H. Lundbeck A/S v. Lupin Ltd., Civ. No. 18-88-LPS (D. Del. Oct. 5, 2021) (Stark, J.) - Drug Product and Patent(s)-in-Suit: Trintellix® (vortioxetine hydrobromide); U.S. Patents Nos. 7,144,884 (“the ’884 patent”), 8,476,279 (“the ’279 patent”), 8,722,684 (“the ’684 patent”), 9,861,630 (“the ’630 patent”), 9,101,626 (“the ’626 patent”), 9,090,575 (“the ’575 patent”), 9,278,096 (“the ’096 patent”), and 9,125,910 (“the ’910 patent”).

Patent 98
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CAFC Upholds PTAB Ruling that Patents on Autonomous Driving Tech Are Not Obvious

IP Watchdog

On February 4, 2022, The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed two decisions of the Patent Trial and Appeal Board (PTAB) on related inter partes reviews (IPRs) brought by Quanergy against Velodyne, explaining that the Board’s decision to uphold the validity of the disputed claims was correct considering the objective evidence provided by Velodyne.

Patent 73
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Black Inventors and Their Inventions

JD Supra Law

February is Black History Month, honoring the triumphs and struggles of African Americans throughout U.S. history. Among these triumphs are the inventions black inventors have contributed, many of which were not recognized with a patent because the Patent Acts of 1793 and 1836 barred slaves from obtaining patents because they were not considered citizens.

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Designer Loses Bid To Exit Nike's TM Case Over Sneakers

IP Law 360

A designer who Nike Inc. is accusing of ripping off the look of its Air Force 1 shoe lost his bid to exit a trade dress lawsuit from the retail giant, after a California federal judge found the suit's allegations at this point to be adequately pled.

Designs 75
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Mentone Solutions LLC v. Digi International Inc. (Fed. Cir. 2021)

JD Supra Law

Mentone sued Digi for alleged infringement of Mentone's U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware found the claims of the patent to be ineligible under 35 U.S.C. § 101. Mentone appealed.

Patent 98
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BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

IP Law 360

Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

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Electronic Frontier Foundation’s Attempt to Unseal Uniloc Licenses Falls Flat at CAFC

IP Watchdog

In its second appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) regarding the sealing of documents in several related cases against Apple, Uniloc scored a win when the CAFC said today that the United States District Court for the Northern District of California failed to comply with its original remand instructions, constituting an abuse of discretion.

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PersonalWeb Tells Justices To Redo Alice: 'Enough Is Enough'

IP Law 360

A prolific patent litigant is asking the U.S. Supreme Court to weigh in on its infringement fight against Google, Facebook and VMWare, telling the justices that "chaos in the law" on patent eligibility needs to be litigated at the court again and that "enough is enough.

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China Accedes to the Hague Convention and Now Allows for International Design Filings

IP Tech Blog

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022. China has been negotiating such accession for a few years, and it was partly anticipated by certain measures of harmonization introduced with the latest amendment to the patent law in 2019, for example, the extension of a design patent duration from 10 to 15 years.

Designs 67
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safety claims aren't puffery when in the context of guns

43(B)log

Johnson v. Glock, Inc., 2021 WL 6804234, No. 3:20-cv-08807-WHO (N.D. Cal. Sept. 22, 2021) Johnson brought a claim on behalf of a putative class that Glock sold defective firearms. He alleged that specific Glock guns’ chambers are “unsupported,” which can cause damage to brass casings and, sometimes, cause the guns to dangerously blow apart. He adequately pled his claims (CLRA, UCL, FAL, common-law fraudulent omission; I have been made aware that I should write an explainer on the “usual Californ

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A Twitter Thread on the EARN IT Act

Technology & Marketing Law Blog

I did a (rare for me) Twitter thread on this topic, which is so crucial that I’m sharing it here as well: On Thursday, the Senate Judiciary Committee will be marking up the EARN IT Act, which removes Section 230 for child sexual abuse material (CSAM). Like FOSTA (but much worse), this bill won’t solve any problems & will create many more. .

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

IP Tech Blog

In its 2018 decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. , the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). Relying on Helsinn , the ITC’s ALJ Cheney has held, in In re Certain High-Potency Sweeteners (Inv.

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Knowledge of a True Name brings Magical Power — but is it Patent Eligible?

Patently-O

by Dennis Crouch. PersonalWeb has added a second petition for certiorari to the Supreme Court docket. The first case focuses on res judicata and the Federal Circuit’s peculiar Kessler doctrine. That case has seen some action and is awaiting the views of the Solicitor General. See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion.

Patent 60
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Pairing Successful: Trademark Agreement And Its Compliance

IP and Legal Filings

Bluetooth SIG, Inc. (“Bluetooth”) owns various trademark registrations which it licenses to other companies to use in promoting a product’s Bluetooth-compatibility. In order to acquire such a license, Bluetooth allegedly requires potential licensees to satisfy various requirements and execute a membership agreement.Fiat Chrysler (“FCA”) utilizes the BLUETOOTH trademarks on vehicles equipped with “Bluetooth-enabled radio head units.

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

LexBlog IP

In its 2018 decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. , the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). Relying on Helsinn , the ITC’s ALJ Cheney has held, in In re Certain High-Potency Sweeteners (Inv.

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The Case of Counterfeiting, Dilution and Trade Dress Infringement

IP and Legal Filings

The Plaintiff is Shandong Sinho, a Limited Liability company organized under the laws of China, dealing in speciality Chinese foods such as bean curd and soybean paste. The plaintiff filed the claims for trademark counterfeiting, trademark infringement, trademark dilution and trade dress infringement, false designation of origin, unfair competition and deceptive practices against the Defendants, May Flower Int’s Inc. for the trademark and trade dress CONG BAN LV at the United States District Cou

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Your Patent Application Is About To Get A First Office Action: Now What?

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) recently launched an online First Office Action Estimator, which provides an estimate when a patent application will receive a first Office action. Having an idea of when a patent application will be first subject to examination can help applicants make a variety of strategic decisions to manage costs and/or proceed faster to allowance.

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Blogi-what?

Likelihood of Confusion

Usually around this time of year LIKELIHOOD OF CONFUSION® remarks on its “blogiversary,” the story of which is not at all tiresomely set out somewhere on Dean’s World, the blog. The post Blogi-what? appeared first on LIKELIHOOD OF CONFUSION™.

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California District Court Sides with Majority Position, Dismissing Willful and Induced Infringement Claims that Relied on Original Complaint for Knowledge of Asserted Patent

JD Supra Law

On January 18, 2022, U.S. District Judge R. Gary Klausner of the Central District of California sided with the majority of divided district courts, dismissing claims of willful and induced infringement that based the defendants’ required knowledge of the asserted patents on its receipt of the original complaint for patent infringement. Ravgen Inc. v.

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The truth about mobile SEP invalidation decisions in China

IAM Magazine

In an exclusive data analysis, Zhang Xin of Lung Tin Law Firm surveys over 250 challenges to wireless patents at the China National IP Administration and draws lessons for both petitioners and patentees.

IP 52