Thu.Sep 16, 2021

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sofTMware® : a free tool for monitoring the status of trademark applications and registrations

Erik K Pelton

sofTMware® : a free tool for monitoring the status of trademark applications and registrations. For more about sofTMware®, visit www.softmware.com. The post sofTMware® : a free tool for monitoring the status of trademark applications and registrations appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Microstuttering

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Locast Streaming Hit With Permanent Injunction in Copyright Case. First off today, David McAfee at Bloomberg Law reports that Locast, a now-shuttered service for streaming over-the-air television online, has been hit with a permanent injunction that bars it from operating.

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UK Police Shut Down Pirate IPTV Network With “Hundreds of Thousands” of Customers

TorrentFreak

With pirate IPTV services providing access to thousands of TV channels at a cheap price, the Federation Against Copyright Theft is continuing its quest to disrupt piracy in the UK. FACT acts on behalf of broadcasting partners including Sky and for years has been cracking down on pirate suppliers of live sporting content. Today the anti-piracy company has announced what appears to be a particularly significant operation carried out in partnership with police in the UK. ‘Top UK Content Provi

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Book Review: Intellectual Property Law in China, 2nd Edition

The IPKat

The first edition of Intellectual Property Law in China (IPLCN) was the first of a bunch of goodies this Kat enthusiastically gathered from the incomparable IP library of the Max Planck Institute for Innovation and Competition (MPI). It was published in 2005 – a bit aged – but it still stands as the visible fruit of the MPI’s Asian Department, which was founded in 1975.

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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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“The Card Counter” Webscreener Adds New Twist to Early Movie Leaks

TorrentFreak

Historically, pirated copies of movie screeners often start to leak on pirate sites around Christmas. This year Christmas has come early for pirates. A few days ago, two screener copies of the Netflix movies “The Power of the Dog” and “The Guilty” leaked online, ahead of their planned premieres. EVO. The releases are linked to the piracy group EVO, which also leaked the first screeners early last year.

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Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

IP Watchdog

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. I began writing for Managing IP magazine in 2007 and remember well the lead-up to the law.

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More Trending

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Ten Years of the America Invents Act: Toward a More Objective and Accurate Patent System

IP Watchdog

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution. The AIA is simply the latest step in the long arc of moving U.S. law toward a more objective and logical patent system—and one that produces more accurate results.

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The Rise Of The Machines—When Inventions Invent

JD Supra Law

USPTO, EPO, and Precedent- As some readers may recall, the increasing efficacy and ubiquity of artificial intelligence has instigated philosophical and legal debate concerning whether an artificial intelligence may itself be considered the inventor of an innovation it has generated. Granting a machine the status of an inventor would deviate from the traditional view that only a human being may be an inventor.

Invention 101
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Netflix Hit With IP Suit Over Nativity Art In Dolly Parton Film

IP Law 360

The Warner Bros. film "Dolly Parton's Christmas on the Square" that streamed on Netflix last year featured a design company's copyrighted decorative Nativity scene without permission, according to an infringement suit filed Thursday in Michigan federal court.

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[Event] Paragraph IV Disputes Conference - November 9th - 10th, New York, NY

JD Supra Law

Join the conference that the “who’s who” of Hatch-Waxman litigators have designated as the forum which sets the standards for Paragraph IV practice. ACI’s Paragraph IV Litigation Conference is returning LIVE & IN-PERSON to New York City on November 9?–?10, 2021. Pharmaceutical patent practitioners from throughout the country will gather in Sheraton New York Times Square Hotel, New York, NY to confer with each other and assess the implications and imprimaturs of court cases, legislation, and.

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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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Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League

The IP Law Blog

Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls. This case presents a cautionary story for transactional attorneys. This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assi

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The “Fair Use Massacre” (updated)

Likelihood of Confusion

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

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ToolGen Files Opposition to Broad Contingent Preliminary Motion No. 2 to Add Claims Corresponding to the Count

JD Supra Law

On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") filed its Contingent Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), pursuant to 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2) and Standing Order ("SO") 203.2. This motion is contingent on the Board's grant of Broad's Substantive Preliminary Motion No. 1.

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Fifth Circuit Delivers Maddening Opinions in Bynum Copyright Suit

The Illusion of More

In the continuing saga of state actors getting away with copyright infringement, let’s look at the story of author/publisher Michael Bynum and his book about the legendary “12th Man” of the Texas A&M University (TAMU) football team. The tale, which has been passed down through generations of Aggies and other football fans, describes the “Dixie […].

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AIA 10 year Survey Results

Patently-O

by Dennis Crouch. The patent system has seen tremendous change over the past decade. A large part of the transformation stemmed from the Leahy-Smith America Invents Act of 2011 that was enacted ten years ago in September 2011. Earlier this week, I conducted a quick survey of Patently-O readers asking for their thoughts on the impact of the AIA, which has repeatedly been heralded as the largest change to the U.S. patent system since the Patent Act of 1952.

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Be Precise When Expressly Abandoning A Trademark Application Or Face The Consequences

JD Supra Law

In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.

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IPWatchdog LIVE Panel Asks if Federal Circuit is Killing Software Patents and Answers Definitively, ‘Yes’

IP Watchdog

On Day 2 of IPWatchdog LIVE, a lively morning panel was convened on the subject of “Is the Federal Circuit Killing Software Patents?” Though that question was answered in the first few seconds of the panel session, the following hour of discussion yielded various ideas on how disastrous jurisprudence on Section 101 subject matter eligibility could be addressed at the Federal Circuit.

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Trademark Scammer Sentenced To 4 Years In Prison

IP Law 360

A federal judge handed down a four-year prison sentence Wednesday to a man who defrauded thousands of trademark owners by mailing scam letters that demanded phony government fees.

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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

Neo4j, Inc. v. PureThink, LLC, 2021 WL 2483778, No. 5:18-cv-07182-EJD (N.D. Cal. May 18, 2021) Neo4j specializes in graph database management systems. “Neo4j USA’s platform helps organizations make sense of their data by revealing how people, processes and digital systems are interrelated.” [I still don’t know what that means, but ok.] It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with governm

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Models Take Strip Club Publicity Rights Suit To High Court

IP Law 360

Models who claim their images were used to promote strip clubs without their permission want the U.S. Supreme Court to review part of a Second Circuit ruling they say would effectively give only the most famous celebrities protection under federal trademark law.

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Material Information Submitted to FDA but Withheld from PTO Gives Rise to Inequitable Conduct

JD Supra Law

The US Court of Appeals for the Federal Circuit found prior art submitted to the US Food and Drug Administration (FDA), yet withheld from the US Patent & Trademark Office (PTO) during prosecution of an asserted patent, sufficient evidence for a finding of inequitable conduct. Belcher Pharmaceuticals, LLC v. Hospira, Inc., Case No. 20-1799 (Fed. Cir.

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Intel Calls Fortress' 'Buy Low, Sell High' IP Strategy Illegal

IP Law 360

Intel urged a California federal judge at a hearing Thursday to keep alive its lawsuit accusing Fortress Investment Group of running an anti-competitive patent aggregation scheme, arguing it's sufficiently pled that the hedge fund's "buy low, sell high" intellectual property strategy violates antitrust laws.

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The Road Ahead – ???????????? 2030

JD Supra Law

?????????????World Intellectual Property Day???????????????IP Office of Singapore????IPOS???Singapore’s 2013 IP Hub Master Plan (and 2017 updates)?????Singapore Intellectual Property Strategy 2030????SIPS 2030??????????.

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Aldi Says Its Caterpillar Cake No Cookie-Cutter Copy Of M&S'

IP Law 360

Aldi hit back against Marks & Spencer in their High Court caterpillar cake-off, arguing that the rival supermarket chain did not invent the concept of the insect-themed milk-chocolate creation the discounter is accused of copying.

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Fed. Circ.: Retailer Finder Fee Patent Invalid Under Section 101

JD Supra Law

In the case of In re Elbaum, No. 2021-1719, 2021 WL 3923280 (Fed. Cir. Sept. 2, 2021), Saul Elbaum applied for a patent related to selling products on the internet using physical locations, specifically where the internet retailer can pay a physical retail location a finder's fee. The U.S. Patent and Trademark Office (USPTO) and….

Patent 55
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'Bachelor' Winner Sues P&G Over 'Stinky' Downy Ads

IP Law 360

Former "Bachelor" winner Hannah Ann Sluss sued Procter & Gamble Co. Inc. in California federal court Wednesday for copyright infringement, asserting Downy used a photo of her in an ad campaign after the license expired and after her popularity exploded from her appearance on the ABC reality show.

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Disney's Expiring Copyright Gives Rise to 'Famous Mouse' Token

LexBlog IP

The public domain is, broadly speaking, a good thing for both consumers and creators, although the creators of the original work passing into the public domain might feel differently were they still alive to put up a fuss. Regardless, it’s useful to have works that become available for smart folks to offer their own take and interpretation. And it’s the law as written, so like it or not artists have to accept that their art will one day be made available to the public to do with as t

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Ice Cube's Robinhood TM Suit Comes Down To Endorsement

IP Law 360

A California federal magistrate judge considering Robinhood's motion to dismiss Ice Cube's amended trademark suit struggled to decide Thursday whether Robinhood's newsletter falsely conveyed the rappers' endorsement when it featured his image and a parody tagline, wondering aloud "is it sort of an ad, or is it a newsletter?

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Notice Under § 287 Means Knowledge of Infringement, Not Knowledge of Patent

JD Supra Law

The US Court of Appeals for the Federal Circuit reversed a district court’s finding of liability for infringement that occurred prior to the filing of the action, explaining that notwithstanding the defendant’ admission that it was aware of the asserted patent, the actual notice requirement of § 287(a) is only satisfied when the recipient is informed of the identity of the patent and the activity that is believed to be an infringement.

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10-Year AIA Anniversary Draws Inventor Protests Over PTAB

IP Law 360

As the America Invents Act turned 10 Thursday, two dozen independent inventors and activists gathered outside the U.S. Patent and Trademark Office in Alexandria, Virginia, to demonstrate against one of the law's major impacts: the creation of the Patent Trial and Appeal Board.

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Gulls Hockey Team Gets Wings Clipped In IP Dispute With Hockey League

LexBlog IP

Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls. This case presents a cautionary story for transactional attorneys.

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IP Forecast: Trial Lawyer School TM Fight Lands At 10th Circ.

IP Law 360

Famed litigator Gerry Spence will ask a federal appeals court next week to reverse a trademark injunction in a bitter fight with his former legal training school. Here's a look at that case plus all the other major intellectual property matters on deck in the coming week.

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Medical Center Rebuilding EMR Following Ransomware Attack

LexBlog IP

Queen Creek Medical Center (QCMC), also known as Desert Wells Family Medicine, located in Arizona, has notified up to 35,000 patients of a data breach following a ransomware attack that corrupted its medical records system, leading to a loss of a significant number of records. According to a letter sent to patients, QCMC discovered that during the ransomware attack, the threat actor corrupted the data and QCMC’s back-ups, and despite efforts to repair and restore the data, QCMC was unable

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Fox Rothschild Bolsters IP Practice With Pittsburgh Partner

IP Law 360

An intellectual property attorney has joined Fox Rothschild LLP in Pittsburgh and restarted her private practice after two years as an in-house assistant general counsel for a major paint manufacturer.

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The TTAB: “Knowing Intent To Deceive” Is The Lynchpin Of A Fraud Claim

JD Supra Law

All TTAB practitioners are familiar with the heightened standard of proof required to prove fraud before the USPTO. However, many forget that proving an intent to deceive the USPTO, not the falsity of the statement or its materiality, is the lynchpin of every fraud claim. In a recent decision, the TTAB reminded practitioners of this critical fact.

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