Wed.Feb 22, 2023

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MPA: Pluto TV.m3u Playlists Facilitate Piracy on a Massive Scale

TorrentFreak

For people who enjoy movies and TV shows but prefer not to hand over a monthly subscription, Pluto TV is one of the most popular legal services around. Depending on the region, Pluto TV offers up to 250 ‘channels’ covering TV shows, movies, general entertainment, documentaries, sports, and news. For those who prefer audio-only, Pluto TV throws in a selection of music channels too.

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Navigating the three horizons of 5G business building

McKinsey Operations

As 5G technology transforms industries, telcos’ ability to maximize the opportunity will depend on transforming themselves from network providers to outcome providers with a new approach to monetization.

Business 121
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The European Union’s Official Site Has a Persistent ‘Piracy’ Problem

TorrentFreak

The European Union recognizes that online piracy poses a serious threat to copyright holders and the public at large. Last December, the EU published an updated version of its biannual piracy and counterfeiting watchlist , calling out some of the worst offenders. “Infringements of intellectual property rights, in particular commercial-scale counterfeiting and piracy, pose a serious problem for the European Union,” the EU Commission wrote.

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Official, municipal and trademarkable

Likelihood of Confusion

A long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he libertarians remind us constantly, and accurately, that when something is everyone’s property, it is ultimately treated like no one’s property at all — which “everyone” ends up paying for.

Trademark 118
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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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Judge Calls Cellspin’s Motion for Recusal in Infringement Case ‘Divorced from the Law and Facts’

IP Watchdog

Last week, U.S. District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patent infringement liability. Judge Gonzalez Rogers wrote “in short, plaintiff’s attack on the integrity of the judiciary… not only demonstrates a measure of desperation, but is divorced from the law and the facts.

Law 111
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Like a Moth to the Flame: Attract Corporations and IP Will Come

IPilogue

Androu Waheeb is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Gone are the days when businesses were valued by their ability to market tangible goods. Ontario’s Expert Panel on Intellectual Property (EPIP) and CIPO reported that intangible assets (IP and data) are crucial to wealth creation and represent the “world’s most valuable business and national security assets.

IP 106

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Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement

SpicyIP

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post. Niyati is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy

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Federal Circuit Holds Surgical Patent Anticipated Under Pre-AIA 35 USC102b Public Use

JD Supra Law

This is an appeal from a District of Delaware summary judgment order that held that the asserted claims of U.S. Patent No. 9,186,208 (the ’208 Patent) are anticipated under the public use bar of pre-AIA 35 U.S.C. § 102(b). (Slip Op. at 2.).

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Black History Month: Advocating for and Supporting Diversity, Equity, and Inclusion at the USPTO

U.S. Department of Commerce

Black History Month: Advocating for and Supporting Diversity, Equity, and Inclusion at the USPTO February 22, 2023 KCPullen@doc.gov Wed, 02/22/2023 - 12:02 By James O. Wilson, Assistant Regional Director of the Midwest Regional U.S. Patent and Trademark Office I entered the Department of Commerce’s United States Patent and Trademark Office (USPTO) in January of 1989.

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Last Week In The Federal Circuit (February 13 – 17): Shining Light On Competing Patent And State Law Claims

JD Supra Law

If you’re like me, hanging holiday lights generally sucks any kind of holiday spirit right out of you. This week’s case of the week involves technology that might help. And it resolves (at least at the preliminary injunction stage) competing state tort and federal patent law claims to boot.

Law 98
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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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On the brink: Realizing the value of analytics in insurance

McKinsey Operations

Insurers in Europe, the Middle East, and Africa invest significantly in advanced analytics but have unlocked a fraction of the potential value. How do top performers tip the balance in their favor?

90
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[Video] Webinar | Introducing the EU Unified Patent Court and Unitary Patent

JD Supra Law

New opportunities for obtaining and enforcing patents in Europe will become available when the EU Unified Patent Court and Unitary Patent system opens, most likely on June 1. On February 21, join European patent attorneys Moritz Ammelburg and Bernhard Lorenz, along with moderator John Pegram, for a discussion touching on: - The basics of the Unitary Patent and UPC - Pros and cons of obtaining a Unitary Patent - Costs of a Unitary Patent - The possibility of opting out of the UPC - Some factors.

Patent 97
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Can better governance help space lift off?

McKinsey Operations

With more public and private actors entering the arena, outer space is getting crowded. Good governance could limit conflicts and help keep the space economy on a growth trajectory.

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

JD Supra Law

In Minerva Surgical, Inc. v. Hologic, Inc., [2021-2246] (February 15, 2023), the Federal Circuit affirmed summary judgment that the asserted claims of U.S. Patent No. 9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § 102(b).

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Harvard Law Webinar on Teaching First-Generation Students in Law School, March 10, 12 pm EST

43(B)log

Please join us for the next entry in Harvard's series on teaching law: Teaching First-Generation Students in Law School, Friday, March 10, 12 pm EST First-generation students face unique challenges. Anthony Abraham Jack’s The Privileged Poor recently highlighted many of the invisible-to-professors barriers such students, especially first-generation students of color, face in college.

Law 86
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First Final Determination by the CCB is Hardly What the CASE Act Critics Predicted

The Illusion of More

Remember all the noise coming from anti-copyright groups leading up to passage of the CASE Act? According to the EFF, Public Knowledge, Fight for the Future, the usual assortment of anti-copyright academics, and Senator Ron Wyden, the copyright small claim alternative would open the floodgates for abusive claims. They predicted CASE would be the ideal […] The post First Final Determination by the CCB is Hardly What the CASE Act Critics Predicted appeared first on The Illusion of More.

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Foreign Businesses are Taking U.S. Design Patents Seriously, including Swatch, Midea and Philips

IP Close Up

Once an afterthought for IP rights filers, U.S. design patents are now being taken more seriously. Several businesses that are based outside of the U.S.

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Patent damages precedent makes waves in component suppliers’ negotiations

IAM Magazine

After Caltech v Broadcom , suppliers may face higher royalties for infringing components used in downstream products

Patent 98
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U.S. Chamber Warns Global Wave of Anti-IP Policy Proposals May Be Slowing IP Progress

IP Watchdog

The Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce issued its 11th annual International IP Index today, striking what seems like a more dismal tone than usual compared with past reports. While 18 economies saw modest progress on IP protection improvements, 28 economies, including many of the high-scorers, like the United States and the United Kingdom, had a 0% change in score.

IP 76
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NC Strip Club Says Models Can't Deny It Info On Photos

IP Law 360

A North Carolina strip club owner told a federal court that being kept in the dark about when a law firm discovered the club had used photos of models accusing it of intellectual property infringement would destroy potential time-limiting defenses to which the club is entitled.

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Never too late: in case you missed the IPKat last week

The IPKat

This Kat hopes you have had a wonderful week. Here’s what you missed from the IPKat last week: Copyright Chiara Gallo reported on the happenings at this year’s edition of the Sanremo Music Festival, and discussed how Italian copyright and criminal law protect street art. Geographical indications Anastasiia Kyrylenko analysed a Paris Appeal Court decision about “evocation” in EU geographical indications law, and whether it has been defined too widely.

Editing 67
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Apple Foe Tells Fed. Circ. Axed $308.5M Verdict Upends IP Law

IP Law 360

Shortly after a Federal Circuit panel refused to revive a $308.5 million patent verdict against Apple over media management technology, the patent's owner argued that the ruling leaves inventions "perpetually at risk of invalidation" and urged the full appellate court to take a second look.

Law 75
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Lessons from leaders on green business building

McKinsey Operations

Gain insights from leaders across industries who have successfully built and scaled green businesses.

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3 Job Satisfaction Questions For Partners Considering Moves

IP Law 360

The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

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Why applicants should start their PPH journey in Denmark or Sweden

IAM Magazine

In order to obtain the broadest possible grant, it is a smart move to select a patent office that is a member of one of the larger PPH schemes and also pursues partnerships and bilateral agreements with non-member nations.

Patent 52
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Cartier Drops 'High Jewelry' Trade Secrets Suit Against Tiffany

IP Law 360

Luxury goods conglomerate Cartier has agreed to abandon its lawsuit claiming Tiffany & Co. convinced a former Cartier employee to share confidential information on some of the company's rarest, unique pieces of jewelry, according to a notice filed in New York state court.

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CJEU ruling on preliminary injunctions sets regional courts on different paths

IAM Magazine

Patent litigators in Germany are feeling the effects of Phoenix Contact. While it was widely anticipated that German courts might alter their jurisprudence as a result, Düsseldorf and Munich’s regional courts are taking noticeably diverging approaches now that the first decisions on the matter have been published.

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Texas Judge Refuses To Torpedo $175M Verdict Against Meta

IP Law 360

A federal judge in Texas has rejected arguments by Facebook's parent company that purportedly inflammatory comments about the social media website's use of "censorship" by Quinn Emanuel lawyers representing an app developer have tainted the developer's $175 million jury win in a patent case.

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Critical 2022 high court decisions shaping the Indian prosecution landscape

IAM Magazine

The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.

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NAD Gives Net-Zero Claim a Grade of Zero

LexBlog IP

As consumers have increasingly looked to see whether the companies they do business with have taken steps to benefit the environment, companies have often responded by announcing environmental goals. Why goals? First, a goal of 100 percent carbon emissions reduction by 2040 sounds a whole lot better and loftier than saying last year, we reduced our carbon emissions by 5 percent.

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Assessing patent stability before enforcement in China

IAM Magazine

The number of invalidation attempts in China is staggering, with chances of success in such actions fairly high. It is thus vital for patentees to be armed with knowledge before enforcing their patent as doing so will almost always trigger an invalidation attempt.

Patent 52
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Reverse Piercing of Corporate Veil

IP and Legal Filings

Introduction The well-known principle which is often reiterated is that the liability of the corporation can be ascribed on to the shareholders as the corporation is merely a “artificial person” with a distinctive legal identity. Therefore, the doctrine of the limited liability of the company is firmly rooted in the English as well as Indian Jurisprudence.

Law 52
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The PTAB Needs Procedural Consistency

LexBlog IP

Panel Dependency Reinforces Bad Behaviors As discussed last October, the Patent Trial & Appeal Board’s (PTAB) lack of consistency in addressing attorney misbehavior is a growing problem. Whether PTAB panels are busy attending to statutory deadlines on their docket, or turning a blind eye to procedural squabbles to better focus on the merits, the end result is that attorney misbehavior remains largely unchecked.

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Crackdown on procedural infringements

JD Supra Law

European Union - In May 2022, the GC upheld the EC's €28 million fine imposed on Canon for gun jumping in the context of a so-called warehousing structure. Interestingly, the GC ruled that the standstill obligation does not require that control be acquired in full or in part. In December 2022, the EC sent a statement of objections outlining measures to unwind Illumina's blocked acquisition of Grail.

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Computers on Wheels: One OEM Settles Claims While Another Scores a Win in Cases Involving Allegedly Botched OTA Updates

LexBlog IP

A recent motion for preliminary approval of a class action settlement filed in federal court in Georgia will bring to a close claims asserted on behalf of a class of Porsche owners for a purportedly botched over-the-air (“OTA”) software update sent to their vehicles. But a recent decision by a California federal court suggests that manufacturers may be able to avoid claims for violation of the Computer Fraud and Abuse Act (“CFAA”) so long as they do not “blatantly m