Wed.Jan 12, 2022

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Appeals Court Upholds Degree Revocation

Plagiarism Today

On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin. Though seemingly a minor decision, the ruling puts to rest a 10-year dispute dealing with plagiarism, allegations of bias and an academic enforcement system that seems to have been ill-equipped to deal with this kind of case.

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EMP&A comments on USPTO’s transition to issue electronic trademark registration certificates

Erik K Pelton

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). Our firm submitted comments this week generally supportive of this change, and the environmental benefits, while raising some questions about the amount of savings for the USPTO that will result, and how those savings will be spent.

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3 Count: LEGO Jacket

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set.

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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

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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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GitHub Takes Down “Widevine Dump” Forks Following MPA Complaint

TorrentFreak

Little over two weeks ago we broke the news that a user, going by the name “Widevinedump”, had leaked a collection of movie ripping scripts on GitHub. These were high-profile leaks as Widevine is one of the leading content protection tools in the video business. The Google-owned technology is used by many of the largest streaming services including Amazon, Netflix and Disney+.

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SCOTUS, Vaccine Mandates and Patent Law: God Help Us

IP Watchdog

Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent.

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Iancu and Kappos: TRIPS IP Waiver Proposal Will Kill More People Than It Saves

IP Watchdog

A webinar hosted on Tuesday, January 12, by The Federalist Society’s Regulatory Transparency Project featured former U.S. Patent and Trademark Office (USPTO) Directors Andrei Iancu and David Kappos, as well as Duke University Professor of Law and former USPTO Administrator of the Office of External Affairs Arti Rai, discussing the proposal to the World Trade Organization (WTO) to waive IP rights under the Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement for certain COVID-1

IP 125
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Can You Trademark A Hashtag?

Kashishipr

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Call for Papers: GNLU Journal of Law and Technology

SpicyIP

We’re pleased to inform you that the GNLU Centre for Law and Technology is inviting submissions for GNLU Journal of Law and Technology. For details, please see their call for papers below. Call for Papers for GNLU Journal of Law and Technology. GNLU logo. SUBMISSION GUIDELINES. The GNLU Journal of Law and Technology encourages paper submissions focusing on the amalgamation of any area of technology and law.

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Canadian Ministers Issue Open Letter On Ransomware And Ransomware Playbook

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on December 22, 2021. On December 6, 2021, the federal ministers of Defence, Public Safety, Emergency Preparedness and International Trade, Export Promotion, Small Business, and Economic Development (the Ministers) released an open letter to Canadians discussing the rise of ransomware attacks and offering guidance for organization

Business 105
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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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Top Stories of 2021: #4 to #6

JD Supra Law

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. On Monday, we counted down stories #9 to #7, and today we count down stories #6 to #4, as we work our way towards the top three stories of 2021.

Patent 102
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Sheppard Mullin Snags Davis Wright Entertainment, Tech Pro

IP Law 360

Sheppard Mullin Richter & Hampton LLP has added a former Davis Wright Tremaine LLP entertainment and technology expert, who previously worked as in-house counsel at Google, Amazon and Apple, as a partner in its Southern California offices.

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A CVSG on Claim Construction Procedures and Jury Trial Rights

JD Supra Law

As Federal Circuitry readers likely know, the Supreme Court occasionally invites the Solicitor General to file a brief expressing the views of the United States in a case where the Court is considering granting certiorari. That action is commonly referred to as a CVSG—Call for the Views of the Solicitor General.

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Unitary patent promises a cheaper alternative for life sciences companies

IAM Magazine

The new unitary patent system is finally due to come into effect this year and looks sets to be more cost-effective for life sciences innovators. However, conventional national validation may still be necessary for full coverage.

Patent 98
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Kirkland Adds McKool Smith Litigator To Austin IP Practice

IP Law 360

Kirkland & Ellis LLP expanded its intellectual property practice group in Austin, Texas, with the hiring of a former McKool Smith Hennigan PC attorney who has worked alongside U.S. District Judge Alan Albright.

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CCC Hosts Senior IP Counsel for “The Intersection of Content Access & Global Compliance” Webcast

Velocity of Content

If driving down operational costs and speeding time to market are high priorities for your R&D-focused organization, then you understand the importance of getting the right information to your researchers wherever needed, as quickly as possible. Seems like a simple enough task, but one that is a common challenge for most fast-paced, discovery-driven companies.

IP 98
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Biosimilars 2021 Year in Review

JD Supra Law

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

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VLSI claims “gamesmanship” in IPR attack on patent from $2 billion Intel verdict

IAM Magazine

Shell company’s validity challenge threatens the eye-watering damages award and Fortress-backed entity says it could open the door to abuse of the PTAB system.

Patent 97
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Last Two Weeks in the Federal Circuit (December 27 - January 7)

JD Supra Law

The Federal Circuit is holding its first argument session of 2022 this week (with a return to telephonic arguments in light of the Omicron variant). In this post, we take a look back at how the Court closed out 2021 and began 2022. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest—for the last week of 2021 and the first of 2022.

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Artrepreneur and Related Affordable Announce Exclusive Partnership to Bring Original Art to Affordable Housing Communities

Art Law Journal

Artrepreneur has signed an exclusive contract with Related Affordable to provide art services and curate original art by commissioned artists! The post Artrepreneur and Related Affordable Announce Exclusive Partnership to Bring Original Art to Affordable Housing Communities appeared first on Art Business Journal.

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Vaccine patent rights - a scapegoat for inequality?

IAM Magazine

The unequal dissemination of covid-19 vaccines remains controversial, yet while a proposed IP rights waiver might enhance global access to affordable vaccines, it remains unlikely that it would provide a solution to the unequal rollout.

Patent 83
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Court Denies Class Certification in Click Fraud Case–Singh v. Google

Technology & Marketing Law Blog

15 years ago, there was a now-mostly-forgotten battle royale over click fraud in Google AdWords (see links at the post’s bottom). Fun times. Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. Singh claims that Google AdWords (now Google Ads) doesn’t adequately screen out click fraud or invalid traffic.

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Precedential No. 1: TTAB Sustains Spotify's Dilution-By-Blurring Claim Against POTIFY for Clothing and Marijuana-Related Software and Services

The TTABlog

In a rare dilution ruling, the Board sustained this opposition to registration of the mark POTIFY , in standard character and word-plus-design form, for clothing and for software and services related to medical marijuana dispensaries, on the ground of likelihood of dilution by blurring of the famous, registered mark SPOTIFY for downloadable software and online services.

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Copyright decision highlights the commercial hazards of using orphan works

IAM Magazine

Taiwan’s top court has clarified the scope of compulsory licensing in an attempt to safeguard consumers from becoming involved in copyright infringement disputes further down the line.

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McGraw Hill Gets E-Textbook Royalties Suit Trimmed

IP Law 360

A New York federal judge trimmed a breach of contract claim Tuesday from a putative class action alleging McGraw Hill shortchanged textbook authors on royalties from e-book sales but left intact the authors' claim for breach of the implied covenant of good faith and fair dealing.

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mRNA vaccines: how to navigate the freedom-to-operate maze

IAM Magazine

The Long Read : Jeffrey Morton and Thomas Ehrich unpack the complex patent considerations surrounding one of the most important leaps forward in biotechnology.

Patent 74
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To Retain Talent, GCs Should Prioritize Mission Statements

IP Law 360

With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

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One is the Loneliest Number: Analyzing the 2021 Draft Policy Statement on SEPs Subject to Voluntary F/RAND Commitments (Part II)

IP Watchdog

In Part I of this series of articles, we provided an overview of the 2013 and 2019 policy statements that preceded the 2021 Draft Policy Statement. In this Part II, we consider the language of a specific licensing commitment made to European Telecommunications Standards Institute (ETSI), and various legal pronouncements that have been made in relation thereto.

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Barbara Kruger Asks Justices To Mull Warhol Fair Use Ruling

IP Law 360

American conceptual artist Barbara Kruger is urging the U.S. Supreme Court to look into the Second Circuit's decision that found Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that such works are "far from lacking creativity.

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U.S. Patent Office Announces Deferred Subject Matter Eligibility Response Pilot Program

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) announced a new pilot program, called the Deferred Subject Matter Eligibility Response Pilot Program (“Pilot Program”), that will allow certain patent applicants to defer responding to subject matter eligibility rejections. Starting in February 2022, office actions for qualifying patent applications may include an invitation to participate in the Pilot Program.

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2021 Ended With Overall NPE Uptick, Report Says

IP Law 360

Patent litigation by nonpracticing entities dipped toward the end of 2021, though the numbers are still higher last year compared to 2020, according to a new report.

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Enforcement-related considerations for patent valuation: the perspective from Canada

IAM Magazine

The valuation of patent rights is not a straightforward matter. In Canada, the remedies available to patent owners are arguably the most important factor in determining value.

Patent 52
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YouTube Removes 150 Videos from Popular AniTuber’s Channel

LexBlog IP

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute which led to the removal of three years worth of content from a popular anime YouTuber’s channel. 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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Vaccine patent rights - a scapegoat for inequality?

IAM Magazine

The unequal dissemination of covid-19 vaccines remains controversial, yet while a proposed IP rights waiver might enhance global access to affordable vaccines, it remains unlikely that it would provide a solution to the unequal rollout.

Patent 52
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Founders Legal promotes Attorney David Pierce to Partner

LexBlog IP

NEWS RELEASE. FOR IMMEDIATE RELEASE. JAN. 12, 2022. Contact: Lauren Hawksworth. Marketing Administrator. 404-592-5182. lhawksworth@founderslegal.com. Founders Legal® promotes Attorney David Pierce to Partner. David Pierce, Partner. Atlanta, GA – January 12, 2022 – Corporate, Data Privacy, and Intellectual Property law firm, Founders Legal ® has named attorney David Pierce as partner.