Wed.Nov 24, 2021

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Stream-Ripping Site Yout.com Blocked in Brazil Following Criminal Complaint

TorrentFreak

YouTube doesn’t have a download functionality but there are numerous ‘stream-ripping’ services available on the web that offer just that. These tools have legal uses but they are also a thorn in the side of music industry outfits, who see them as a major piracy threat. This concern was illustrated last year when an RIAA takedown notice wiped youtube-dl off GitHub , a decision that was eventually reversed.

Music 117
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ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

JD Supra Law

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126. Broad filed its Opposition to ToolGen's motion on October 8th, and ToolGen filed its Reply on October 15th.

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Trending Sources

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Taking a Cue from Aaron Moss, Further Thoughts about Miramax v. Tarantino

The Illusion of More

The blog Copyright Lately by attorney Aaron Moss is a must-follow for copyright nerds. His posts are always lively and filled with historic details or other arcana that will appeal to the true enthusiast, and in that spirit, Moss’s latest post got me thinking. It’s about the Battaille Royale between Quentin Tarantino and Miramax Pictures […]. The post Taking a Cue from Aaron Moss, Further Thoughts about Miramax v.

Blogging 106
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The Infamous Defense of Inequitable Conduct

Kashishipr

What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with t

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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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Current or Ongoing? An Interesting Trend in Intellectual Property News

IPilogue

Photo by Marvin Meyer ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . As I searched for a topic for this blog post, I encountered a common theme: the Canadian technology sector is constantly asking for more action from the Canadian government aimed at fostering innovation in the community. Whether creating laws to help govern start-ups, eliminating laws to encourage innovation, or collaborating with other countries to combine resources, the sec

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Beyond the Breach: Is your Software Supply Chain at Risk of Failure?

JD Supra Law

As reliance on outsourced Cloud software increases organizations need to manage supply chain risk and implement Cloud backup solutions which enable application and data continuity following disruption. Read on to learn more. Just because your critical assets are in the cloud it doesn’t mean they’re protected – in fact it’s quite the opposite. A Cloud backup solution can minimize downtime and enable business continuity and secure disaster recovery.

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More Trending

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Russia approves radical new anti-counterfeiting plans

IAM Magazine

A decisive new strategy looks set to transform the war on fake goods in Russia. The measures will extend landlord liability for counterfeits and will initially apply to priority sectors only – although there are already discussions underway about extending them.

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Privacy Tip #308 – Keep the Holiday Shopping Season Cyber Safe

LexBlog IP

As we enter the holiday shopping season, cyber criminals are sharpening their cyber-scam strategies. We like to remind our readers about the enhanced risk during the holidays [view related posts here, here , and here ]. There has been an increase in online shopping over the years, and particularly since the pandemic began. The holiday season is such a risky time with the potential to become the victim of a cyber-attack that the U.S.

Privacy 98
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FDA Approves First Interchangeable Biosimilar Insulin Product - Update

JD Supra Law

July 28, 2021 - the U.S. Food and Drug Administration (FDA) approved Viatris Inc.’s (formerly Mylan Pharmaceuticals Inc.) SEMGLEE (insulin glargine-yfgn), a biosimilar to LANTUS (insulin glargine). According to the press release, SEMGLEE is indicated to improve glycemic control in adults and pediatric patients with Type 1 diabetes mellitus and in adults with Type 2 diabetes mellitus.

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Holiday Reading: The Trademark Modernization Act of 2020 and Newly-Issued Implementing Regulations

The TTABlog

The USPTO has issued its final regulations under the Trademark Modernization Act of 2020. [pdf of Act here ]. The new rules [pdf here ] go into effect on December 18, 2021 , except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022. Petitions requesting institution of proceedings for reexamination or expungement will be accepted on or after December 27, 2021.

Trademark 115
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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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Innovent Announces Results of Phase III Trial of Sintilimab and Bevacizumab Combination Therapy In Patients With Advanced Lung Cancer

JD Supra Law

Innovent Biologics, Inc. announced the results of the Phase III ORIENT-31 study evaluating sintilimab in combination with BYVASDA (bevacizumab biosimilar) for the treatment of non-squamous non-small cell lung cancer. According to the press release, patients receiving sintilimab plus BYVASDA combined with chemotherapy (pemetrexed and cisplatin) demonstrated an improvement in progression-free survival compared with patients receiving chemotherapy alone.

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Mexico: A closer look at promoting a nullity action on unfavourable oppositions

Managing IP

Santiago Pedroza of Olivares looks at how the opposition procedure has undergone changes to protect right holders

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A Real-World Guide To Staying Discovery In Federal Court

IP Law 360

Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

Law 75
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Marshall, Gerstein & Borun Seeks an Intellectual Property Associate or Patent Agent

IP Watchdog

Marshall, Gerstein & Borun is currently seeking a talented Associate or Patent Agent to join their Chemical and Biotechnology practice groups. This full-time, permanent position will be located in their Chicago, IL office.

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As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now

IP Law 360

One year after the Federal Circuit limited venue options for patent suits over generic drugs, a new ruling has clamped down further. But so far, most cases are still being filed in Delaware and New Jersey, the traditional hot spots for pharmaceutical litigation.

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Marshall, Gerstein & Borun Seeks An Associate, Patent Agent or Technical Specialist

IP Watchdog

Marshall, Gerstein & Borun is seeking a a talented Associate, Patent Agent or Technical Specialist to join our Electrical/Computer Science practice group. This full-time, permanent position will be located in their Chicago, IL office.

Patent 69
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Novartis Wants Atty DQ'd From MS Drug Patent Row In Del.

IP Law 360

Novartis Pharmaceuticals Corp. asked a Delaware federal court to disqualify a lawyer representing another pharmaceutical company that has filed a patent infringement suit against it related to a multiple sclerosis drug, saying the attorney is a key witness in the litigation.

Patent 75
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Written Description: Four Points Are Not A Range

Patently-O

This is an important written description case involving ranges, and highlights a tension within the court over when special disclosure is required within the specification. Indivior UK v. Dr. Reddy’s Labs ( Fed. Cir. 2021 ). IPR challenges are limited only to obviousness and anticipation arguments, and so a patent cannot be directly challenged via IPR for lack of enablement or written description.

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Final FY2021 PTAB Statistics Posted

JD Supra Law

The statistics from the PTAB for FY2021 are in, and the total PTAB petitions filed in FY2021 are down a bit from the previous year. A total of 1,401 petitions were filed—IPR (1308) and PGR (93)—compared to 1513 in FY2020, 1464 in FY2019, 1613 in FY2018, and 1901….

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Final Judgment and Order of Permanent Injunction Entered in Immunex v. Samsung Bioepis Etanercept Biosimilar Litigation

LexBlog IP

The New Jersey district court in the Immunex v. Samsung Bioepis BPCIA litigation entered a Final Judgment and Order of Permanent Injunction on November 3, 2021. As we previously reported , the litigation pertains to ETICOVO (etanercept-ykro), Samsung Bioepis’s biosimilar of ENBREL. The case had been administratively stayed since January 2020. Judgment was entered, in line with a prior consent injunction order, in favor of Plaintiffs Immunex and Roche, and against Defendant Samsung Bioepis,

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Ho, Ho, Ho … Hold On … Did Legal Approve That?

JD Supra Law

The holidays are upon us — and so too are holiday advertising campaigns. With an unusual holiday season last year, many retailers are gearing up for what they hope to be a robust holiday season. Even with concerns over supply chain issues, retailers and brands are doubling down on holiday advertising campaigns this year and….

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“Every crisis brings about innovation" – how the vaccine race is transforming biopharma IP

IAM Magazine

From greater respect for researchers to a fresh focus on compulsory licences, IAM ’s Global Leaders share their views on how the life sciences space has been changed by the quest for covid-19 vaccines.

IP 52
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USPTO To Put Into Action The Final Rule Of The TM Modernization Act (TMA)

JD Supra Law

A new rule has been published by The United States Patent and Trademark Office (USPTO) in the Federal Register to put into action the particulars of the Trademark Modernization Act (TMA) of 2020.

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DMCA: The Right to Repair and More new Exemptions

LexBlog IP

In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA. Watch this episode on the Weintraub YouTube Channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Do You Want a Jury Trial in a Trade Secrets or Non-Compete Case?

JD Supra Law

This blog post is the author’s opinion and is for educational and informational purposes only. It provides general information and a general understanding of the law, but does not provide specific legal advice. Please feel free to reach out to a Seyfarth Trade Secrets attorney if you’d like to discuss your particular situation.

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Robert Milligan to Present “Comprehensive Guide on Securing and Enforcing Trade Secrets: Demystifying Best Practices” Webinar

LexBlog IP

On Wednesday, December 15 at 12 p.m. Eastern, Seyfarth partner and Trade Secrets, Computer Fraud & Non-Competes practice co-chair Robert Milligan is presenting “A Comprehensive Guide on Securing and Enforcing Trade Secrets: Demystifying Best Practices,” a 2 hour CLE webinar for The Knowledge Group. Overview: The current technological revolution has been significantly transforming how companies manage their trade secrets and other important assets.

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[Virtual Conference] PTAB Practice Briefing - December 2nd, 10:00 am - 6:00 pm EST

JD Supra Law

Year-End Analysis and Future Forecasts on the Most Significant Developments Impacting Post-Grant Proceedings. Attend ACI’s inaugural PTAB Practice Briefing virtually on December 2nd for in-depth discussions and year-end analysis of the most significant developments impacting PTAB practice as well as future forecasts for 2022.

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Is the PTAB Unconstitutionally Biased?

LexBlog IP

In Mobility Workx, LLC v. Unified Patents, LLC, (Fed. Cir. 2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board. Mobility owned a patent for a wireless communication system. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017.

Patent 52
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DMCA: The Right to Repair and More new Exemptions

The IP Law Blog

In this episode of the Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA. Watch this episode on the Weintraub YouTube Channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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CISA + FBI Remind Organizations to “Stay Vigilant” During Holiday Season

LexBlog IP

The Cybersecurity & Infrastructure Security Agency (CISA) and the FBI issued a joint Alert this week, entitled “Reminder for Critical Infrastructure to Stay Vigilant Against Threats During Holidays and Weekends” outlining “actions that executives, leaders and workers in any organization can take proactively to protect themselves against cyberattacks, including possible ransomware attacks, during the upcoming holiday season—a time during which offices are often closed,

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[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Global Reach: Extraterritoriality and DTSA Enforcement Beyond the US

JD Supra Law

“Global Reach: Extraterritoriality and DTSA Enforcement Beyond the U.S.” is episode three of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”.

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The importance of identifying the correct applicant in Australian trade mark applications

LexBlog IP

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also be taken to ensure all other details contained within the trademark application are correct, including confirming the true identity of the applicant and that it is the actual owner of the mark.

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Robert Milligan to Present “Comprehensive Guide on Securing and Enforcing Trade Secrets: Demystifying Best Practices” Webinar

Trading Secrets

On Wednesday, December 15 at 12 p.m. Eastern, Seyfarth partner and Trade Secrets, Computer Fraud & Non-Competes practice co-chair Robert Milligan is presenting “A Comprehensive Guide on Securing and Enforcing Trade Secrets: Demystifying Best Practices,” a 2 hour CLE webinar for The Knowledge Group. Overview: The current technological revolution has been significantly transforming how companies manage their trade secrets and other important assets.

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Barnes & Thornburg Nabs IP Litigation Pro For Chicago Office

IP Law 360

A seasoned intellectual property litigator who helped secure hundreds of millions of dollars in damages for clients such as Motorola and Dyson has joined Barnes & Thornburg's Chicago office after spending the first 12 years of her career at Kirkland.

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How to deal with China's new crackdown on bad-faith patent filings and other examination changes

IAM Magazine

The Long Read: New guidelines in the works at the CNIPA will continue the fight against 'irregular' applications, make utility models harder to get and heighten the risk of litigation in the software space, write Aaron Wininger of Schwegman Lundberg & Woessner, PA and Austin Chang of Beijing East IP.