Wed.Dec 29, 2021

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U.S. Court Denies Access to Defendant’s Hard Drive in Online Piracy Case

TorrentFreak

Strike 3 Holdings is a familiar name in U.S. federal courts. This year alone the adult entertainment company has filed hundreds of lawsuits against alleged BitTorrent pirates. While many of these lawsuits have resulted in private settlements, Strike 3 also encountered pushback from some of the people it sued. In the Central District of California, for example, a “John Doe” defendant denies any wrongdoing.

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EU enforcement of IPRs: the DG TAXUD and EUIPO’s joint report

The IPKat

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. The report Previously, the results of enforcement of intellectual property rights (IPRs) in the EU had been published separately by the DG TAXUD and EUIPO.

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LaLiga Wins Dynamic Court Injunction to Block 40 Pirate IPTV Platforms

TorrentFreak

Following a legal process that began in 2019, Spanish broadcaster Telefónica Audiovisual Digital obtained a court injunction in February 2020 that required local ISPs to block pirate sites and services. Targeting Vodafone, Orange, MásMóvil, Euskaltel, Lycamobile, and also Telefónica Audiovisual Digital’s own ISP, Telefónica, the order required the service providers to block 44 identified platforms to help prevent live matches from being streamed illegally to the public.

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European Commission publishes the evaluation results for the GI and TSG reform

The IPKat

Just before closing down for Christmas, the European Commission published the “Evaluation on geographical indications (GIs) and traditional specialities guaranteed (TSGs) protection in the EU” [to download the evaluation, click here and scroll down to the bottom of the page]. The evaluation is the penultimate step in the revision of the GI system in the EU.

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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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MPA/ACE: Dozens More Pirate IPTV & Streaming Domains In The Crosshairs

TorrentFreak

There are lots of pieces of information that can help anti-piracy groups form a strategy to deal with an infringing site or service. Things like IP addresses, domain details, hosting companies and payment processor accounts all play important roles but of them all, real-life names and physical addresses are considered investigation gold. With these details in hand, a targeted and strongly-worded cease-and-desist notice may be all it takes to remove a service from the internet.

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The 5 Worst Copyright Decisions of 2021

Copyright Lately

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison. This was the year we actually had to try to pretend everything was back to normal when, frankly, it was anything but. So, forget all the “best of” lists that I’m sure are clogging up your feeds right now.

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The Top 10 Patents of 2021: Improved Eye Contact in Video Calls, Targeted Ads Based on Conversation Samples, and Analyzing Toxicity in Social Media Content

IP Watchdog

With the close of another year upon us, IPWatchdog is returning to an annual feature with its Top 10 list of issued U.S. patents during 2021. While it’s impossible to produce a definitive list of the ten most important patents in terms of future commercialization, the following list reflects a series of innovations that either represent important advances in burgeoning areas of technology, or practical innovations that address many of the recurring problems that our world has been facing during

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Implementation of the Trademark Modernization Act (TMA): What Trademark Owners Need to Know

JD Supra Law

Rebuttable Presumption of Irreparable Harm - The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or permanent injunctive relief was made effective immediately.

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So, you got engaged over the holidays. Here’s what to think of next.

Nelligan Law

Reading Time: 3 minutes If you are one of the many people who got engaged over the holidays, a new year brings with it new beginnings. Marriage is exciting and should be one of the happiest times in life. The reality is, however, that marriage brings a lot of financial responsibility to your partner. Many people don’t think about those realities when they “pop the question” or “say yes.

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PTAB Sets Motions and Times in CVC vs. Sigma Interference No. 106,132

JD Supra Law

Following a telephone conference held on August 16th (a transcript of which can be found here) between the Board and representatives of Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party Sigma-Aldrich, the Board issued its Order on September 20th authorizing motions and setting times under 37 C.F.R. §§ 104(c) and 121.

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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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Creative Agencies: Creative Hobby to Creative Career

Art Law Journal

Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! The post Creative Agencies: Creative Hobby to Creative Career appeared first on Art Business Journal.

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MarkIt to Market® - December 2021: gTLD Sunrise Period Now Open

JD Supra Law

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.

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Creative Agencies: Creative Hobby to Creative Career

Art Law Journal

Creativity is a way of life…but making creativity into a living can seem daunting — particularly when you don’t have an educational or professional background in art. If you are a non-professional artist who is eager to turn your artistic talents into a career, you’ve come to the right place. Together, Artrepreneur and Creative Circle have put together this comprehensive article series to support budding artists in the early stages of their art careers.

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PGR Filings Tick Up, But Still Infrequent

JD Supra Law

PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent.

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Sandoz submits BLA for proposed biosimilar trastuzumab to the FDA

LexBlog IP

Last week, Sandoz announced that it submitted a Biologic License Application (BLA) for a proposed biosimilar trastuzumab (150 mg, for intravenous use) to the FDA. According to the press release, the biosimilar trastuzumab was developed by EirGenix, Inc. pursuant to a 2019 license agreement that gives Sandoz the right to commercialize the biosimilar upon approval in all markets excluding China and Taiwan.

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Social Media Influencers Beware!

JD Supra Law

In Petunia Products, Inc. v. Rodan & Fields, LLC and Molly Sims, the United States District Court for the Central District of California held that a social media influencer - a person “presumed to have the power to affect the purchase decisions of others” - could be sued for direct trademark infringement in connection with the products the influencer endorsed.

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Interesting Patents | December 28, 2021

LexBlog IP

Interesting Patents. TUESDAY, DECEMBER 28, 2021. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

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USPTO Implements Trademark Modernization Act

Above the Fold

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.”.

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USPTO Implements Trademark Modernization Act

LexBlog IP

On December 18, 2021, regulations implementing the Trademark Modernization Act of 2020 went into effect. According to the USPTO’s website , the changes provide individuals, businesses, and the USPTO with “new tools to clear away unused registered trademarks from the federal trademark register” and give the USPTO “the ability to move applications through the registration process more efficiently.” Summaries of the new procedures and the changes to existing procedures

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The Trademark Modernization Act’s New Cancellation Procedures are Now Effective

JD Supra Law

Is an unused registered trademark preventing you from clearing or registering your mark? Or was the blocking registration filed for goods or services that were not in use when the registrant declared that they were? As we reported in The Trademark Modernization Act Establishes New Trademark Cancellation Procedures earlier this year, the Trademark Modernization Act’s (“TMA”) new procedures for cancelling unused registrations, or registrations with goods and services that were not in use at the.

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Top PTAB Developments of 2021

LexBlog IP

Tis the Season for Retrospectives… fa la la la la la la la la. This year I posted my top 2021 PTAB developments over at IPWatchdog. You can find it here Patent Trial and Appeal Board Year in Review: The Top Five PTAB Developments of 2021. For a more in depth discussion of these issues, and the expected impact on the PTAB in 2022 and beyond, don’t miss IPWatchdog’s PTAB Masters January 24th-27th.

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Federal Court Blocks Effort to “Revive” J.W. Dant Bourbon Brand Already Alive

JD Supra Law

Just in time for the holidays, the U.S. District Court for the Western District of Kentucky issued a decision steeped in two rich holiday traditions - family lore and alcohol. On December 16, 2021, the court entered a preliminary injunction against Log Still Distilling, LLC in a trademark infringement and unfair competition action brought earlier this year by Heaven Hill Distilleries, Inc., both manufacturers of bourbon.

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Patenting Software-based Medical Devices (Part 2)

LexBlog IP

PatentNext Summary: Software-based medical devices that focus on “data processing” can be patented. However, a patent practitioner should exercise care when drafting such claims. Otherwise patent eligibility issues can arise. This article demonstrates countervailing Federal Circuit decisions that reached opposite patent eligibility conclusions for a pair of “data processing” medical device patents asserted by Cardionet, LLC against Infobionic, Inc.

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Court Awards Limited Additional Deposition Time, but No Attorney’s Fees

Chicago IP

Caddo Sys., Inc. v. Siemens Aktiengesellschaft (AG) , No. 20 C 5927, Slip Op. (N.D. Ill. Oct. 20, 2021) (Cox, Mag. J.). Magistrate Judge Cox granted plaintiffs’ Fed. R. Civ. P. 37 motion to compel, but limited plaintiffs’ questioning of defendants’ (collectively “Siemens”) Fed. R. Civ. P. 30(b)(6) corporate witness to two hours in this patent case. The Court required that Siemens produce a corporate witness to testify as to communications between Siemens and third party Microsoft surrounding Mic

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Court Awards Limited Additional Deposition Time, but No Attorney’s Fees

LexBlog IP

Caddo Sys., Inc. v. Siemens Aktiengesellschaft (AG) , No. 20 C 5927, Slip Op. (N.D. Ill. Oct. 20, 2021) (Cox, Mag. J.). Magistrate Judge Cox granted plaintiffs’ Fed. R. Civ. P. 37 motion to compel, but limited plaintiffs’ questioning of defendants’ (collectively “Siemens”) Fed. R. Civ. P. 30(b)(6) corporate witness to two hours in this patent case.

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TTABlog Test: Are Hockey Sticks Related to Sports Gloves Under Section 2(d)?

The TTABlog

The USPTO refused to register the mark KINETIXX for "hockey sticks, hockey stick shafts and hockey stick blades," finding confusion likely with the mark shown below, registered for "Baseball gloves, batting gloves, bowling gloves, boxing gloves, fencing gloves, field hockey gloves, football gloves, archery gloves, golf gloves, goalkeepers gloves, weight lifting gloves, windsurfing gloves, workout gloves.

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An end-of-year message

Herbert Smith Freehills

Our best wishes for the holiday season and 2022. Last update: Wednesday, 29 December, 2021 - 21:15. Hero Image: 30986.

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Constitution? But we’re patent lawyers!

Likelihood of Confusion

Maybe. Maybe not: The U.S. Patent and Trademark Office may have a major problem on its hands — the possibly unconstitutional appointment of nearly two-thirds of its patent appeals judges. The post Constitution? But we’re patent lawyers! appeared first on LIKELIHOOD OF CONFUSION™.

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