Wed.Jan 12, 2022

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.

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).

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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.

Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

SpicyIP

Image of folder tag with text “confidential” Image from here. The Bombay High Court in Tarun Wadhwa v.

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.

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.

PrimeWire Down: Streaming Site Prepares To Counter Domain Seizures

TorrentFreak

The Hollywood studios of the Motion Picture Association are certainly not averse to filing copyright infringement lawsuits against pirate sites. Sometimes, however, it takes them a long time to do so.

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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.

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.

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.

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.

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.

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.

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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.

IP 100

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!

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.

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.

Texas Two-Step Cannot Avoid Licensee Liability

Patently-O

by Dennis Crouch. Plastronics Socket Partners v. Hwang ( Fed. 2022 ) (non-precedential). There is a lot going in this decision, but the crux of the appeal is a license interpretation question. Here are the rough facts: Hwang licensed its patent rights to Plastronics Socket.

New Commerce Initiatives for a Climate Ready Nation

U.S. Department of Commerce

New Commerce Initiatives for a Climate Ready Nation. January 12, 2022. KCPullen@doc.gov. Wed, 01/12/2022 - 13:35. Environmental data. Here at the Department of Commerce, we know that fighting climate change isn’t just good for the environment; it’s good for the economy.

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. International report

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

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

The TTABlog

Music 82

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

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. Analysis Analysis: Legal Litigation Non-Practising Entities Patents

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.

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. International report

Update: Who Rolled the Stone Away?

Likelihood of Confusion

Courtesy of Best of the Web Today, we learn that Rolling Stone magazine has repented of its earlier sins and has accepted the Bible ad. Funny how a little publicity. The post Update: Who Rolled the Stone Away? appeared first on LIKELIHOOD OF CONFUSION™. Culture Clash

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Changes to Federal Trademark Law and Their Effective Dates Under the Trademark Modernization Act and its Implementing Regulations

JD Supra Law

Introduction - On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021. With the issuance of implementing regulations for the TMA by the U.S.

Canadian Ministers Issue Open Letter On Ransomware And Ransomware Playbook

IPilogue

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.

[Audio] Utility Model Patents in Southeast Asia: What You Need to Know

JD Supra Law

In our highly competitive global economy, a strong portfolio can prove a key differentiator.

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

Not All Customer Lists are Trade Secrets!

JD Supra Law

Whether a customer list is, in fact, a trade secret depends on a two-step analysis to be applied on a case-by-case basis. The first step relates to efforts to keep the list secret. If so, the second step is a four-factor analysis detailed below. By: Jaburg Wilk

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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

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. Analysis Long read

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.

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