Fri.Aug 13, 2021

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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.

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Court Orders RomUniverse to Destroy Pirated Nintendo Games and Stay Offline

TorrentFreak

Two years ago, gaming giant Nintendo filed a lawsuit against the game download portal RomUniverse. The website facilitated massive online copyright infringement of many popular Nintendo titles, according to the complaint filed at a California district court. RomUniverse’s Pro Se Defense. The site’s operator, Los Angeles resident Matthew Storman, disagreed with these allegations.

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CAFC: PTAB’s Claim Construction Analysis Improperly Relied on Extrinsic Evidence

IP Watchdog

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision, stating the PTAB erred in construing the claims of Magseis’ U.S. Patent No. RE45,268 (’268 patent). Seabed Geosolutions (US) Inc. v. Magseis FF LLC. In 2017, Magseis FF LLC (predecessor of Fairfield Industries Inc.) sued Seabed Geosolutions (US) Inc. for patent infringement with respect to several of its patent

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Police Visit Pirate IPTV Suppliers’ Homes to Serve Cease-and-Desist Notices

TorrentFreak

With the start of the new Premier League season just hours away, football fans can look forward to a new season offering the best the sport has to offer. For some fans hoping to enjoy the action on TV, alternative preparations may need to be made. Cheap access to Premier League football is one of the primary drivers for pirate IPTV uptake in the UK.

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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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Techtronic Industries is Seeking an IP Docketing Specialist

IP Watchdog

Techtronic Industries North America, Inc. (TTI) is seeking an IP Docketing Specialist to join our growing team. This is a full-time, permanent position that reports to the Group Chief IP Counsel of the IPHQ team and will be located at our Milwaukee Tool site in Brookfield, Wisconsin.

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The Death of Diesel: The Controversy Surrounding R v Volkswagen AG

IPilogue

Photo by: Erik McLean (Unsplash). Harman Mann is a Guest Writer and a 2L JD Candidate at Osgoode Hall Law School. The titles “Dieselgate” and “Emissionsgate” have become synonymous with the shocking Volkswagen Emissions scandal. What happened, you may ask? In 2015, Volkswagen admitted to the Environmental Protection Agency (EPA) that it had installed defeat devices in its vehicles for numerous years.

More Trending

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The Reasonable Robot by Ryan Abbott: Legally regulating AI—is it obvious?

IPilogue

Photo by Tara Winstead ( Pexels). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. . Artificial Intelligence (AI) has become both a friend and a foe to our society. IBM’s Watson , a collection of algorithms, beat Jeopardy! champions and may soon become your next doctor. But AI can also be exploited to steal millions of dollars within minutes.

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Intellectual Property Strategies To Best Protect Cannabis Related Innovations

JD Supra Law

Cannabis Projections and Patents- Current projections indicate that the cannabis industry will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Protection of intellectual property in this space is critical, particularly as large entities have slowly started to break in. For example, Coca-Cola has been in talks with Aurora Cannabis to develop drinks infused with CBD.

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Malaysia’s IP HC Declares Selling of Streaming Devices ‘Illegal’ amid Copyright Issues

IP and Legal Filings

With the increasing sale, offer for sale, distribution, and/or supply of television boxes or illicit streaming devices (ISDs), the Intellectual Property High Court in Kuala Lumpur has ruled such sale and distribution as illegal observing that such activities enable copyright infringement and unauthorized access to copyright content. The High Court found that such activities involving supply and distribution violate Copyright.

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GlaxoSmithKline LLC v. Teva Pharmaceuticals USA (Fed. Cir. 2021)

JD Supra Law

Most judicial outcomes, particularly on appeal, are broadly based on varying combinations of process and outcome. The law is replete with process-based decisions (standing, jurisdiction, waiver, to name a few) and of course even more frequently perhaps coming to the "correct" outcome is a major decisive factor in a court's opinions. Rarely are these two features of judicial consideration juxtaposed in opposition (albeit not so rarely that the aphorism that "hard cases make bad law" is not.

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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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Rare Books Publisher Valancourt Versus The Deposit Requirement

The Illusion of More

On July 23, the District Court for the District of Columbia denied publisher Valancourt’s claims that the requirement to provide deposit copies of U.S. published works to the Library of Congress constitutes an unlawful taking under the Fifth Amendment and/or an infringement of speech under the First Amendment. Although many legal experts are likely to […].

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Senate Judiciary Committee’s Antitrust Panel Discusses and Advances Proposed Generics and Biosimilars Bill

JD Supra Law

On July 13, 2021, the Senate Judiciary Committee’s antitrust panel met to discuss biologic and biosimilar competition and its impact on drug prices. A group of senators, led by Senator Amy Klobuchar, are sponsors of a Senate bill which aims to prohibit biological product manufacturers from compensating biosimilar and interchangeable biological companies in exchange for delaying entry of those biosimilar and interchangeable biological products.

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Trade at the Local Level: 2020 Metropolitan Export Data Now Available

U.S. Department of Commerce

Trade at the Local Level: 2020 Metropolitan Export Data Now Available. August 13, 2021. KCPullen@doc.gov. Fri, 08/13/2021 - 12:16. Export and investment promotion. Cargo ship safely entering the port of Miami in Florida. . Cross-post by Ujjwall Uppuluri, Gulbin Yildirim, and Amanda Reynolds, International Trade Administration, Office of Trade and Economic Analysis. .

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AIPLA Quarterly Journal Editorial Board

Patently-O

AIPLA QJ has been publishing intellectual property related articles since the 1980s. Unlike ordinary law reviews, the Journal’s editorial Board consists of intellectual property experts who are able to provide a peer review of submitted articles. The Board is typically a mix of IP professionals and academics. The journal is also staffed by a team of JD students from GWU Law School who also participate in selection and have a major role in the editing, vetting, and publication process.

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Department of Commerce’s NTIA Now Accepting Applications for $268 Million Connecting Minority Communities Pilot Program

U.S. Department of Commerce

Department of Commerce’s NTIA Now Accepting Applications for $268 Million Connecting Minority Communities Pilot Program. August 13, 2021. KCPullen@doc.gov. Fri, 08/13/2021 - 12:33. Infrastructure. NTIA is committed to increasing broadband Internet access across America, particularly in unserved and underserved communities. The following is a cross-post by the Department of Commerce’s National Telecommunications and Information Administration (NTIA).

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Inbound Important Emails that go Unread due to Technology Fails: Another Case

Patently-O

By David Hricik, Mercer Law School. This is not a patent case, but I have seen similar problems in prosecution, patent litigation, and related contexts over the years: an important email goes to a spam filter, or some other place, and gets left unread. In a recent Fifth Circuit case, Rollins v. Home Depot ( Here ), plaintiff’s counsel was trying to settle a case when defense counsel filed and so e-served a motion for summary judgment — with a 14 day response deadline.

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What PCT strategy would help a US national stage application?

Patent Trademark Blog

Is there a PCT strategy that will benefit your US national stage? The PCT application is more than something to push back deadlines. While the deferral benefits of a PCT application may be more well known, the PCT can be an effective tool to streamline national stage filings. In fact, the PCT application can help reduce costs and timelines of the subsequent nationalizations.

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Printed Publication: Documents Made Available only to Customers

Patently-O

by Dennis Crouch. The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1). A person shall be entitled to a patent unless (1) the claimed invention was patented, described in a printed publication , or in public use, on sale, or otherwise available to the public before the effec

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EDTX Judge Cuts $86M AMS Sensors Win, Citing Texas Law

IP Law 360

A Texas federal judge has ruled that under Texas law, AMS Sensors USA Inc. can only seek $17 million of the $64 million in exemplary damages a jury awarded it following a retrial on damages in a trade secret and contract suit against rival light sensor maker Renesas Electronics America Inc.

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Illinois unfairness claims against opioid marketers continue

43(B)log

City of Chicago v. Purdue Pharma L.P., No. 14 CV 4361, 2021 WL 1208971 (N.D. Ill. Mar. 31, 2021) Chicago alleged unfair and deceptive misconduct in multiple defendants’ marketing, commercializing, and promoting their opioid products. (Perdue is first in the list but it’s a bunch of them, so parts of this case will survive the bankruptcy whatever happens there.

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Found blogs

Likelihood of Confusion

Bunches of new soft IP blogs have sprung up. I’ve been adding them to the Blogroll (for civilian blogs) or the Professional Courtesy roll (for wax-stained wretches) as soon as. The post Found blogs appeared first on LIKELIHOOD OF CONFUSION™.

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Jones Day Seeks $2M In Legal Fees From Ex-Client

IP Law 360

Jones Day is seeking more than $2 million in attorney fees it says it is owed after securing around $50 million for a former client in patent litigation, claiming in Illinois state court the ex-client has been engaged in a "desperate shell game" to avoid payment since 2010.

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Patent Owner Tip #14 for Surviving an Instituted IPR: When Not to Amend Claims in an IPR

JD Supra Law

Last week we looked at what circumstances favor amending claims in an IPR. We now turn our discussion to those circumstances when a patent owner should think twice about amending, including when significant past damages exist, the current claims possess strong infringement reads and claim scope, petitioners are highly-motivated to fight and patent owner is cost sensitive.

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Delta Variant Thwarts Hachette Office Return

Velocity of Content

Any hope the summer of 2021 would see freedom from Covid-19 cases has long faded. Citing the spread of the Delta variant, Hachette has reversed a decision announced in July to reopen for in-person work in September, reports Andrew Albanese , Publishers Weekly senior writer. Hachette’s return-to-the-office plan had earlier called for a hybrid working model, requiring employees to work in-person at least two days a week.

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UPDATE—New York Court Awards Statutory Prejudgment Interest to Grünbaum Estate’s Heirs

LexBlog IP

For those who believe that one today is worth two tomorrows, prejudgment interest offers a significant judicial remedy. In an unprecedented holding on July 12, 2021, the Commercial Division of the New York State Supreme Court, County of New York, applied the prejudgment rule in favor of the rightful owners of two Egon Schiele paintings. In a case involving family property, monetary interest can hardly compensate for time spent apart from a cherished heirloom.

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Pitfalls Related To NCAA’s New Policy On Name, Image And Likeness

JD Supra Law

At last, the NCAA has changed its policy on college athletes monetizing their name, image, and likeness, also known as their NIL. Who cares if the Supreme Court forced the NCAA’s hands in Alston v. NCAA, which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers.

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Trademark basics: What does the R inside a circle mean?

IP Blog

When you are deeply involved in Intellectual Property (IP), the way we always are at Dennemeyer, it is important to maintain perspective about how certain facts of this industry are not readily known to the ordinary person.

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[Audio] Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

JD Supra Law

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss lawsuits over identifiable tattoos on professional athletes featured in video games, and who owns the copyright to body art. Cases discussed: Solid Oak Sketches, LLC v. 2K Games, Inc. Alexander v. Take-Two Interactive Software, Inc. Bill Graham Archives v.

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Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement

Indiana Intellectual Property Law

Hammond, Indiana – Apparently, James E. Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years.

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Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

JD Supra Law

- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing in record amounts and streaming services are booming. - The NFT craze continues to grow with everyone from star athletes and sports leagues to fashion brands and now IBM jumping on the bandwagon.

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Form versus Function – Protecting Products with Design and Utility Patents

More Than Your Mark

If you think patents are all about protecting something “technical” or something only a scientist or engineer could appreciate, you are mistaken. Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. If you want to protect how something looks, you need a Design Patent. Design and Utility Patents.

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Copyright case: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, USA

Kluwer Copyright Blog

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. Screenprints depicting the late pop star Prince, made by the late artist Andy Warhol in 1984, did not make transformative use of photographer Lynn Goldsmith’s portrait of the musician, the U.S.

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WYHA? TTAB Affirms Section 2(d) Refusal of "BRUNO AND THE HOOLIGANS" in view of "THE HOOLIGANS," Both For Live Musical Entertainment

The TTABlog

The Board affirmed a Section 2(d) refusal of the proposed mark BRUNO AND THE HOOLIGANS , finding confusion likely with the registered mark THE HOOLIGANS , both for live performances by a musical group and other related services. Applicant David Ceniceros argued, inter alia , that the marks differ in appearance and sound, and further that the cited mark is used only in connection with "Celtic-themed music.

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reasonable consumer isn't required to interpret ingredient list for naturalness

43(B)log

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, No. 20-cv-09077-JSW, 2021 WL 3524047 (N.D. Cal. Aug. 6, 2021) Moore alleged that GSK falsely labeled certain ChapStick products with the claims “100% Natural,” “Natural,” “Naturally Sourced Ingredients,” and “100% Naturally Sourced Ingredients.” The products allegedly contain non-natural, synthetic, artificial, and/or highly processed ingredients.

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Elon Musk does not hate patents and Tesla’s famous pledge is not as generous as it seems

IAM Magazine

Only a minority of families within the portfolio are subject to the company’s policy of allowing others to practise on its IP without fear of recrimination.

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