Tue.Nov 16, 2021

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Facebook’s Plagiarism Problems Are Deeper Than You Realize

Plagiarism Today

Back in September , I reported on Facebook’s Widely Viewed Content Report and how Casey Newton, a reporter at The Verge, noticed that nearly all the top posts on Facebook for the quarter were plagiarized. . This month, Newton is at it again and recently published an updated article that looks at the latest quarterly Widely Viewed Content Report. The findings, to put it mildly are not shocking.

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GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy

TorrentFreak

Earlier this year a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered modifications for GTA 3 and Vice City. The projects allowed fans to enjoy these dated games with significant enhancements and were a hit with fans. However, Take-Two and Rockstar Games took exception and responded with a DMCA takedown filed at Github to have the repositories removed.

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3 Count: Right to Repair

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Copyright Office Expands Rights to Repair Software-Enabled Devices. First off today, Joshua Revilla at the National Law Review reports that the US Copyright Office has updated its regulations regarding consumers and repair shops breaking digital rights management (DRM) as part of fixing items they own.

Reporting 165
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Sounds, Colors, Scents, and Other Nontraditional Trademarks

Erik K Pelton

Nontraditional trademarks are becoming more prevalent, and in this episode details the sounds, colors, scents, shapes, and other types. Did you realize that the pinstripes of the New York Yankees are a registered trademark? Nontraditional marks are one Erik’s favorite topics, with many interesting examples – watch for details about goats on a roof and marching ducks!

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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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DISH Wins $31m Judgment & Injunction Against Pirate IPTV Service & Resellers

TorrentFreak

As reported by TF back in March, DISH Network filed a huge lawsuit against pirate IPTV provider ChitramTV. The complaint also named Dinesh Vigneswaran, the alleged owner of ChitramTV Canada, who allegedly does business from the Chitram.ca website. DISH claimed that ChitramTV obtained its broadcasts and streams, transferred them to its own servers, and then rebroadcasted them to subscribers of the Chitram service.

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Belarus files two Belarusian PGIs for protection in the EU, but with a wrinkle

The IPKat

Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following. This Kat got nostalgic Belarus has recently applied for “ Lidski kvass ” and “ Lidskoe pivo/Lidskae piva ” to be registered as PGIs in the EU.

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Takeda Pharma Co. v. Zydus Pharma Inc.

JD Supra Law

Case Name: Takeda Pharma Co. v. Zydus Pharma Inc., No. 18-1994, 2021 WL 3144897 (D.N.J. July 26, 2021) (Wolfson, J.) - Drug Product and Patent(s)-in-Suit: Prevacid® SoluTab™ (lansoprazole delayed-release orally-disintegrating tablets); U.S. Patents Nos. 6,328,994 (“the ’994 patent”), 7,431,942 (“the ’942 patent”), 7,875,292 (“the ’292 patents”), and 7,399,485 (“the ’485 patent”).

Patent 101
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Google Hit With $26M Video Patent Verdict In WDTX

IP Law 360

Google LLC and YouTube LLC owe VideoShare LLC nearly $26 million for infringing the company's video sharing patent, a Texas federal jury found Tuesday, rejecting Google's case for invalidating the patent.

Patent 98
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Social Links: Embedding social media posts can be considered copyright infringement…but is it?

JD Supra Law

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright infringement…but is it?

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Cleveland MLB Club Settles TM Suit Over 'Guardians' Rebrand

IP Law 360

Cleveland's Major League Baseball club will move forward with plans to rebrand as the "Guardians" after resolving a trademark lawsuit by a local roller derby team of the same name, the teams jointly announced Tuesday.

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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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SCOTUS Hears Oral Arguments in Unicolors v. H&M Case that Could Redefine Copyright Registration Standards

Copyright Alliance

On November 8, the Supreme Court heard oral arguments in Unicolors v. H&M, a case centered around when a copyright owner’s mistake on a registration application is enough to result […]. The post SCOTUS Hears Oral Arguments in Unicolors v. H&M Case that Could Redefine Copyright Registration Standards appeared first on Copyright Alliance.

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Law Firms Plant Feet In DC As Regulatory, IP Landscape Shifts

IP Law 360

The arrival of a group of BigLaw firms and boutiques to Washington, D.C., in 2021 is a signal of how central the city has become in the legal industry, given its proximity to the major regulatory bodies and the huge numbers of lawyers around the area.

Law 98
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New Federal Circuit decision finds packet monitoring patent claims eligible under Section 101

JD Supra Law

For the first time since 2020, the Federal Circuit issued an opinion finding claims of a computer-related invention to be eligible. Although designated as non-precedential, the case may signal a key claim feature that the court will look for in future Section 101 cases involving computer-related inventions.

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Preplanning For Brand, Sponsor Management Of Olympic TMs

IP Law 360

Ahead of the 2024 summer Olympic Games, there are several important actions internal intellectual property groups of brand owners and sponsors should take to properly manage trademarks for Olympics properties, including developing a game plan to police infringement, says Jayne Durden at Anaqua.

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Four things to watch as China’s first patent linkage litigation is filed

IAM Magazine

Beijing IP Court lawsuit launched by Japan’s Chugai Pharmaceutical will be inaugural test of the new system, and possible procedural issues are already appearing.

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Pandemic and Population Shifts Fuel Dramatic Internet Business Growth

IP Close Up

New York may be forever known as the city that never sleeps, but the Internet has the data that never stops. The Internet now reaches Continue reading.

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IPRs Are 'Kafkaesque Nightmare' For Inventors, Fed. Circ. Told

IP Law 360

A company that has sued Google, Facebook and others is asking the Federal Circuit to overturn the Patent Trial and Appeal Board's decisions to review its patents, saying the board's allegedly unfair policies have created a "Kafkaesque nightmare" for inventors.

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IP Due Diligence: Issues in M&A Transactions

Traverse Legal Blog

All types of companies, whether small, mid-size, or enterprise, are likely to explore a potential merger and acquisition (M&A) transaction at some point in their lifespans. This could be as potential buyer or a potential seller. A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction.

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Tarantino Can't Sell 'Pulp Fiction' Scenes As NFTs, Suit Says

IP Law 360

Quentin Tarantino's plans to auction off "exclusive scenes" from the movie "Pulp Fiction" in the form of nonfungible tokens drew a copyright and trademark lawsuit Tuesday from Miramax, his former studio, which claims that those rights belong to it.

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Google Wins Transfer as CAFC Continues Mandamus Spree Against Albright

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday continued its trend of granting mandamus directing Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer a case to the Northern District of California. In the latest order, Google LLC petitioned the CAFC to direct Albright to transfer the case after he denied it based on the expected time to trial “despite the court itself finding that the transferee venue was otherwise more convenient,” wro

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Is Copyright Infringement Illegal?

Biswajit Sarkar Copyright Blog

Copyright is a type of intellectual property rights. Such rights gives the owners/creators exclusive rights over their creations. How, they only get to enjoy such rights for a limited period of time. One infringes on copyrighted works when they violate the exclusive rights of the owner. An infringer will not take permission from the owner when it is necessary.

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CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

IP Watchdog

On November 12, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the U.S. District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability. In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA).

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What To Include In Orders Governing Remote Arbitration

IP Law 360

When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

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My California Senate Judiciary Committee Testimony on Section 230 and State Regulation

Technology & Marketing Law Blog

Last week, the California Senate Judiciary Committee held an informational hearing entitled “ State of Social Media Regulation: Misinformation, Exploitation, Harassment, and Radicalization.” I testified about Section 230’s applicability to state regulatory efforts. Spoiler: Section 230 forecloses many of the legislature’s goals.

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Last Week in the Federal Circuit (November 8-12): An Arbitrability Tongue Twister

JD Supra Law

Fall colors are on full display in DC. But leaf peeping can’t keep us from following the latest news at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Crystal Culhane Named San Diego Business Journal Leader in Law

Fish & Richardson Trademark & Copyright Thoughts

San Diego Business Journal recently announced that Fish & Richardson Associate Crystal Culhane has been named a 2021 “Leader in Law.” The awards “honor San Diego’s top lawyers and in-house general counsel attorneys,” based on both professional accomplishments and community achievement. Culhane, who was recognized in the “Rising Star” category, is one of just 20 recipients of the 2021 award.

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Raising the Bar Has Not Reduced the Patent Acceptance Rate in Australia

LexBlog IP

Data on patent acceptances into 2021 confirms that the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (‘ RtB Act ’), which came into effect on 15 April 2013, has had a minimal impact on the rate of patent application acceptance in Australia – and to the extent that an effect is present, it does not run in the direction that might be expected!

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The New Trademark Meta: How Proper Protection Should Dictate Change in Big Business

Intellectual Property Brief

The recent trademark disputes concerning global brands Nike and Facebook have altered the branding landscape. Companies should be wary of the changing tides surrounding trademark infringement and enforcement.

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First Biosimilar Making “Paragraph IV” Certification under China’s New Patent Law: Bio-Thera Solutions Announced NMPA Acceptance of aBLA for Tocilizumab

LexBlog IP

On November 8, 2021, Bio-Thera Solutions, Ltd. announced that China’s National Medical Products Administration has accepted the marketing authorization application for BAT1806, a biosimilar of Roche’s Actemra ® (tocilizumab), which is a recombinant humanized monoclonal antibody targeting the interleukin-6 receptor (IL-6R). Actemra ® has been approved in the United States for the treatment of rheumatoid arthritis, systemic juvenile idiopathic arthritis, polyarticular juvenil

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Merck, Glenmark Want Jury To Decide Zetia Antitrust Market

IP Law 360

Merck and Glenmark are not happy about a Virginia federal magistrate's recommendation that a suit accusing the pharmaceutical companies of hatching an anti-competitive plan to keep a cholesterol drug off the market should focus on a narrower market.

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Patent suits decline in Dusseldorf and Mannheim, but Munich’s docket is on the rise

IAM Magazine

Germany is Europe’s biggest and most active litigation forum, but subtle differences in case law and proceedings mean that plaintiffs have important choices to make about where to file their suits.

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Sports IP: College Athletes and Name, Image and Likeness

Greenspoon Marder LLP

By: Bruce B. Siegal, Esq. As college football kicked off this new fall season, college athletes, in addition to taking the field, began entering into paid sponsorships, endorsements and licensing agreements for use of their respective name, image and likeness (NIL) rights. College athletes in all sports are now able to market their respective NIL rights, and many are actively […].

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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

JD Supra Law

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] (CHiP).

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Scam Alert. Again.

LexBlog IP

We previously warned you about some USPTO scams. Well, someone looked at those scammers and said, “What a great idea! I’ll do that for new companies who just formed!” In other words, jerks multiplied like bunnies on Viagra. And so I’d like to introduce you to the newest scam: The Certificate of Service Scam. It looks official.

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Spencer Fane Hires New IP Co-Chair From Porter Hedges

IP Law 360

Kansas City-based Spencer Fane LLP has hired a former partner and longtime patent litigator from Porter Hedges LLP to co-lead its intellectual property practice out of Houston and Austin, the firm announced Monday.