Thu.Sep 09, 2021

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3 Count: Quad 9

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: H3 Podcast Asks Court to Throw Out “Fatally Defective” Triller Copyright Lawsuit. First off today, Andy Maxwell at Torrentfreak writes that the team behind the H3 Podcast has asked for the lawsuit against them to be dismissed, saying that the lawsuit is incorrect as a matter of law as they did not commit any copyright infringement.

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Gauge your brand with the Trademark Instrument Panel

Erik K Pelton

When driving, the dashboard tells you a lot of information about the vehicle in the moment – the speed, mileage, gas, engine temperature, and more. For brands and trademarks, there is now an instrument panel to use to measure the status, see below. If your brand’s trademark isn’t in the green, I’d urge to you talk to a mechanic (lawyer) immediately to mitigate the risks and work to improve the performance.

Branding 147
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Commerce Department Announces National Artificial Intelligence Advisory Committee

IP Watchdog

The U.S. Department of Commerce announced today that it has established a National Artificial Intelligence (AI) Advisory Committee that will advise the President and other federal agencies on issues surrounding AI. The Committee will work with the existing National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP).

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Funimation DMCA Notices Shut Down Pirate Anime Apps, Force Others to Consider Future

TorrentFreak

While anime is still insanely popular in its home country of Japan, over recent years the popular animation format has enjoyed huge growth in the West, to some extent due to piracy. With studios initially unable or reluctant to distribute their works through official channels, piracy platforms of all kinds sought to fulfill demand and as a result, gained a significant foothold in the market.

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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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Data on Transition Phrases in Patent Cases

Patently-O

by Dennis Crouch. You may have heard that most US utility patent claims use the open transition phrase COMPRISING. Here’s the data to support that hearsay. The chart below shows data from independent claims gleaned from issued US patens grouped by patent issue year. To make the chart, I calculated the percentage of independent claims that include the phrase comprising or comprises or comprise as the first traditional (or only) transitional phrase within the claim text.

Patent 124
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Digital Death Penalty? Legal Battle over Piracy Disconnections Heats Up in Appeals Court

TorrentFreak

Two years ago Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. The ISP was disappointed with the verdict and filed an appeal.

Music 131

More Trending

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AI As A Patent Inventor – An Update From South Africa And Australia

JD Supra Law

Although the European, U.S., and UK Patent Offices have denied patent applications on the grounds that an AI system cannot be listed as an inventor, not every country seems to be following that approach and some may be set to buck the trend.

Inventor 110
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The ADA Doesn’t Apply to Online Newspaper Website (Again)–Winegard v. Newsday

Technology & Marketing Law Blog

The plaintiff is deaf. He is a serial litigant (“By this Court’s count, Mr. Winegard had filed at least forty-four ADA lawsuits in this district alone as of August 16, 2021”). He says that he can’t watch video on the Newsday website because the videos lack closed captioning. The court says the ADA’s intent for the phrase “public accommodation” is unmistakable–it only applies to physical spaces.

Business 105
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Trademark Growth in Switzerland Demands Innovative Search Solutions

Corsearch

Did you know that trademark activity in Switzerland’s registry grew by 11% in 2020 when compared to the previous year? This significant increase in filing volumes has resulted in a need for fast and reliable Swiss trademark screening, search, and clearance solutions — to better serve a growing Swiss market.

Trademark 103
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A guide to Singapore’s new copyright law

Managing IP

Sources say an impending overhaul of Singapore’s copyright law will particularly benefit creators and businesses will need to re-think engagement deals

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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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Foreign Company’s Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense

JD Supra Law

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a complaint, finding that the foreign defendant was subject to specific personal jurisdiction in the United States in light of the defendant’s marketing, sales and operations, each of which reflected a significant focus on the United States. Ayla, LLC v. Alya Skin Pty.

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Nine West Asks Drag Queen Nina West to Sashay Away… From Her Trademark Application

The IP Law Blog

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018. It was acquired by Authentic Brands Group (“ABG”), which also owns the brands Brooks Brothers, Forever 21, and Reebok, among others.

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3D Chess at the Federal Circuit: Can’t Walk Back Arguments in Prior Appeal or Prosecution History

JD Supra Law

In the second appeal to the US Court of Appeals for the Federal Circuit, the preamble term “three-dimensional spreadsheet” was found to be a limitation in the context of claims directed to organizing and presenting information in electronic spreadsheets based on prosecution disclaimer and arguments made in the first appeal. Data Engine Techs, LLC v.

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Could Netflix Be Liable in “When They See Us” Defamation Case?

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.

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Software Patents: When is enough enough?

JD Supra Law

Developing a Disclosure for Software Patents: - Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. - Discuss with the inventor details that link the novel functional aspects of the software description to those technological underpinnings. - Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts.

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ARIPO Member States adopt the Kampala Protocol on Voluntary Registration of Copyright and Related Rights

The IPKat

Late last month (August), the Kampala Protocol on voluntary registration of copyright and related rights within the framework of the African Regional Intellectual Property Organization (ARIPO) was adopted at a Diplomatic Conference held in Kampala, Uganda. The Protocol establishes a regional voluntary registration of copyright and related rights. It creates and maintains a regional database for copyright and related rights for ARIPO and the ARIPO Member States.

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Ownership of Inventions By Former Employers: Lessons after Bio-Rad v. ITC

JD Supra Law

The situation is familiar: an employee leaves one company to go work for another, or perhaps to found her own start-up. She may be working on the same problems that she faced at her former workplace, and in the same technological space.

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Copyright Hygiene for Digital Content Creators Part VI: YouTube

Velocity of Content

YouTube, an IP Regime unto itself? This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. I – very briefly — touched on the necessity — or, at least, prudence — of registering your content with the US Copyright Office (including through group registration in appropriate cases); looked at the application of the DMCA “notice & takedown” provisions for rightsholders; at t

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There’s More to Being an Inventor than Butterscotch Ripple

JD Supra Law

Willie Wonka famously said that invention is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple. South Africa and Australia have removed the “perspiration” requirement allowing AI to be named the inventor on a patent. (South African issued Patent No. 2021/03242 earlier this year on an AI invention; and in August 2021, and an Australian Judge ruled in Thaler v.

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Patent Filings Roundup: IP Edge Hits Hardware Stores, Media Websites; Home Security Cam ITC Fight Goes Live

IP Watchdog

It was a heavy week for patent filings, with 78 new district court complaints and 41 new Patent Trial and Appeal Board (PTAB) petitions, all inter partes reviews (IPRs). IP Edge and Leigh Rothschild entities made up the bulk of those district court filings, while on the Board front, a number of long-running campaigns saw patents challenged, including the wide-ranging Express Mobile suits, some Divx [Fortress] challenges, and a number of challenges against the Xerox-owned Palo Alto Research Cente

IP 78
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Gilstrap Won't Triple $300M 4G Patent Verdict Against Apple

IP Law 360

A Texas federal judge on Wednesday opted not to tack on enhanced damages to a $300 million patent verdict against Apple, holding that the tech giant's infringement of Optis Wireless Technology's standard-essential 4G wireless patents was not egregious.

Patent 75
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Faegre Drinker Biddle & Reath is Seeking an Intellectual Property – Trademark Prosecution Associate

IP Watchdog

The Faegre Drinker Trademark, Copyright, Advertising and Media (T-CAM) Team is seeking an experienced trademark prosecution attorney for our thriving Intellectual Property practice. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm with offices located throughout the U.S., Europe, and China. This position offers the opportunity to play a key role in growing our existing trademark, copyright, and advertising practice in our Chicago, Indianapolis, Minneapolis, Washington D.C., San Franci

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Texas A&M Blocks '12th Man' Copyright Claim In 5th Circ. Win

IP Law 360

Texas A&M University's athletic department is entitled to governmental immunity from copyright claims accusing it of publishing a book excerpt about the school's "12th Man" tradition on its website without permission, the Fifth Circuit affirmed Wednesday.

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Nine West Asks Drag Queen Nina West to Sashay Away… From Her Trademark Application

LexBlog IP

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018. It was acquired by Authentic Brands Group (“ABG”), which also owns the brands Brooks Brothers, Forever 21, and Reebok, among others.

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MVP: Arnold & Porter's Matthew Wolf

IP Law 360

Arnold & Porter partner Matthew Wolf won a major patent victory for Sanofi and Regeneron at the Federal Circuit and defended the assignor estoppel doctrine at the U.S. Supreme Court, earning him a spot as one of Law360's 2021 Intellectual Property MVPs.

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IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity

43(B)log

Select Comfort Corp. v. Baxter; 996 F.3d 925 (8 th Cir. 2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products.

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Google Won't Seek Dismissal Of Epic, AG Play Store Suits

IP Law 360

Google will face four antitrust complaints from state attorneys general and private plaintiffs including Epic Games head on, confirming to a California federal judge Thursday that it has abandoned a prior strategy of trying to get allegations over its Play Store policies dismissed.

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Another Fraud Claim Fails to Clear the "Deceptive Intent" Hurdle

The TTABlog

Fraud is very difficult to prove. It's not the falsity of the statement, or its materiality, that causes the problem. It's proving an intent to deceive the USPTO. Petitioner Jason Green tripped over that particular hurdle in this proceeding seeking cancellation of a registration for the mark OMNI BIOTIC for food supplements. Green claimed priority and likelihood of confusion with his common law mark OMNIBIOTICS for supplements, as well as fraud.

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Lessons In Crisis Lawyering 20 Years After 9/11

IP Law 360

Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

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Biologics patent thicketing problem getting worse, says Fresenius’ IP chief

IAM Magazine

The growing IP estates of new drugs such as Keytruda give an idea of the mounting challenges for US biosimilars, claims Rachel Moodie.

IP 95
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Gaming IP Dispute Is Instructive For Cos. On PTAB Litigation

IP Law 360

A closer look at the Patent Trial and Appeal Board's denial of most of the 36 petitions game maker Supercell filed against Gree reveals that companies should promptly file challenges, provide specific analysis on the necessity of institution, and address all claim limitations, say attorneys at Sheppard Mullin.

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Augmented Reality/Virtual Reality Patent Prosecution Update: 2021 Q1 Prosecution Statistics

LexBlog IP

As the first quarter of 2021 kicked off, we looked back at the worldwide data tracking issuance of Augmented Reality/Virtual Reality patents. As a brief overview, Augmented Reality/Virtual Reality (“AR/VR”) refers generally to a class of technologies that merge a view of a real-world environment with virtual objects and information or provide an entirely virtual environment as a user experience.

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Sonos Tells ITC Not To OK 'Trivial' Google Patent Redesigns

IP Law 360

Sonos has urged the U.S. International Trade Commission to reject a judge's finding that while current Google products infringe the speaker maker's patents, revamped versions do not, saying that blessing Google's "trivial" and "half-baked" software redesigns will undermine patent owners' faith in the ITC "forever.

Patent 61
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Could Netflix Be Liable in “When They See Us” Defamation Case?

LexBlog IP

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.

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Google me this II

Likelihood of Confusion

We blogged a week or so ago (before I got bogged down in this trial — still in progress [UPDATE]) about Google’s trademark challenges. Here’s an excellent, if short, item. The post Google me this II appeared first on LIKELIHOOD OF CONFUSION™.