Thu.Jul 29, 2021

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Understanding GitHub’s New DMCA Defense Fellowship

Plagiarism Today

On Tuesday, the Stanford Law School announced that it was launching a new GitHub Developer Rights Fellowship as part of its Juelsgaard Intellectual Property and Innovation Clinic. The new fellowship is being funded by the code-sharing website GitHub, which is tapping its $1 million Developer Defense Fund to make it happen. The move comes on the heels of some trying times for GitHub when it comes to the DMCA.

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A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

IP Watchdog

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Advocates have taken advantage of the vacuum left after U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building. Anti-patent advocates are exploiting the new dynamic of Senator Patrick Leahy, coauthor of the America Invents Act (AIA), who now chairs the Senate Intellectual P

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3 Count: Finally Settled

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Cox Settles Dispute with BMG, Rightscorp Over Copyright Notices. First off today, Blake Brittain at Reuters reports that Cox Communications has settled its dispute with BMG and Rightscorp over allegedly false Digital Millennium Copyright Act (DMCA) filed by Rightscorp on BMG’s behalf.

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Filmmakers Want WOW! to Block Pirate Sites & Disconnect Repeat Infringers

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs. These Internet providers are accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications. The copyright infringement allegations can have real consequences.

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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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Nail Your Branding & Get More Clients, with Erik Pelton

Erik K Pelton

Lawyerist Lab member Erik Pelton shares his experience with sprucing up his branding and how that helped with his client acquisition process. If today’s podcast resonates with you and you haven’t read The Small Firm Roadmap yet, get the first chapter right now for free! Thanks to Clio, Postali, Rankings.io, and TextExpander for sponsoring this episode.

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UK Police Arrest Man For Operating Pirate IPTV Service & Money Laundering

TorrentFreak

In the past, those operating unlicensed torrent sites or streaming services in the UK needed to be aware of breaching civil copyright law, action that could result in a damages award but not a custodial sentence. Times have changed. These days civil copyright actions have almost completely disappeared and it’s now exponentially more likely that offenders will be pursued in criminal cases, ones that have the potential to put them behind bars.

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Fonts & Typefaces: Are they Copyrightable? 

SpicyIP

Image depicting a notepad on a wooden table with colour pencils surounding it. The words, ‘What’s all the fuss about fonts?” are written on the notepad, in varying fonts. Image from here. We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Shivam is a recent graduate of the Banaras Hindu University, Varanasi.

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Woods Rogers PLC is Seeking a Patent Attorney

IP Watchdog

Woods Rogers PLC is seeking a USPTO Registered Patent Attorney to join our Intellectual Property Practice Group. Candidate must be willing to assist and take initiative with marketing opportunities in and around Virginia. Competitive salary and excellent benefits in an entrepreneurial environment for a rapidly growing patent practice in either Charlottesville, VA, or Richmond, VA.

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Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back

SpicyIP

As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. Some of the glaring issues with the Report have been highlighted by Prof Scaria ( here ) and Praharsh ( here ).

Copyright 119
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Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices

IP Watchdog

Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices for consumers and curbing perceived abuses of the patent system by brand pharmaceutical companies. The bills would do so by increasing the Federal Trade Commission’s (FTC’s) authority to initiate enforcement actions against drug companies.

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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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Patents and Drug Availability

Patently-O

by Dennis Crouch. Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., Docket No. 21-02024 (Fed. Cir. 2021) is up on appeal again. The district court found Amarin’s asserted patent claims obvious and the Federal Circuit affirmed that holding in a R.36 affirmance without opinion. Following the Federal Circuit’s decision, an ad-hoc group of doctors, patients, and Amarin stock holders (collectively known as EPA Drug Initiative II) moved to intervene in the lawsuit and asked the court

Patent 112
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Cultural Misappropriation and Copyright Take Center Stage in #BlackTikTokStrike

Copyright Alliance

Last month, Black creators across TikTok started the #BlackTikTokStrike, protesting what many would describe as the cultural misappropriation of Black art by white social media influencers. Specifically, Black dancers and […]. The post Cultural Misappropriation and Copyright Take Center Stage in #BlackTikTokStrike appeared first on Copyright Alliance.

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An Idea of Life at Bereskin & Parr LLP

IPilogue

Photo by Iñaki del Olmo ( Unsplash). Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . As applications for 2L summer student and articling positions approach, law students typically receive the opportunity to visit firms and talk to partners, associates, and students in person. This allows them to get a better idea of where they want to apply and how to best tailor their applications to specific firms.

IP 106
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Software Patents: A Competitive Advantage in a Changing World

JD Supra Law

The financial industry is incorporating fintech and block chain solutions. Healthcare companies are adapting to electronic medical records and online platforms. Even the legal field is looking for methods to optimize discovery. Software solutions have become an integral part of every sector, not only for efficiency, but also to gain a competitive edge over their competitors.

Patent 107
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Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

IP Watchdog

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a slew against Centripetal Networks and Stratosaudio patents, as well as a number of memory authentication district court campaigns launched, including one major new non-practicing entity (NPE) suit by Causam Enterprises against Ecobee, Itron, Residio, and Alarm.com for patents related to power consumption.

Patent 105
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The Briefing – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

The IP Law Blog

In this bonus episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Lawsuits discussed: San Francisco Arts & Athletics, Inc. v United States Olympic Committee USOPC v Puma.

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Proper Representation of Prophetic Examples

JD Supra Law

Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples requires them to be described in a manner such that they are clearly distinguished.

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Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’

The IP Law Blog

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.” The song was released by the girl group 3LW in 2001 and included the lyrics “Playa, they gonna play / And haters, they gonna hate.” In 2014, Taylor Swift released “Shake It Off,” which included the lyrics “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.”.

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Scarlett Johansson Sues Disney Over 'Black Widow' Release

IP Law 360

"Black Widow" star Scarlett Johansson launched an offscreen battle against Marvel-parent Disney in California state court Thursday, saying its decision to immediately release the film on its streaming service rather than allow for an exclusive theatrical run violated their contract and slashed her earnings on the film.

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IP matters.to Love Island

Intellectual Property Office Blog

Love it or hate it, Love Island has fast become one of the UK’s most watched shows, peaking at 5.9 million viewers back in 2020. As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. This year, “the most commercialised show on British television” allegedly netted more than £12 million in revenues before the first episode aired on 28 June.

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Supreme Court Called Again to Review IPR Appeal: This time on Discretionary Denials

Patently-O

by Dennis Crouch. The NHK-Fintiv Rule provides the PTAB with authority to deny institution of IPR proceedings when the challenged patent is already subject to pending parallel district court litigation. The rule stems from two PTAB decisions that were later designated as precedential. NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc., IPR2018-00752, 2018 WL 4373643 (Patent Tr. & App.

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Frozen Mechanicals Crisis: @NorthMusicGroup Comment to Copyright Royalty Board

The Trichordist

Abby North tells the CRB "It is clear that streaming rates, even at 15.1%, are not sustainable for most songwriters. It is obvious that without a more equitable streaming revenue distribution model, we will continue to see songwriters leave the business entirely, or at least be forced to pick up side gigs to increase their income.

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Patent Case Summaries - July 2021 #2

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 60
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A Reminder to Patentees Suing for Infringement: Your Allegations Must be Sufficient to Show Plausibility that the Accused Product Infringes

IP Tech Blog

A recent Federal Circuit decision has re-affirmed prior guidance on the pleading requirements for a plaintiff alleging patent infringement. The decision was issued in Bot M8 LLC v. Sony Corp. of Am. , Case No. 2020-2218, on July 13, 2021. In short, while a plaintiff need not prove its case at the pleading stage, a plaintiff must plead facts sufficient to show it is plausible that an accused product infringes the patent claim.

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MarkIt to Market® - July 2021: Watching the Pot™

JD Supra Law

In the June 2021 issue of MarkIt to Market®, Watching the PotTM featured a cannabis-themed crossword puzzle. Here we provide the "Cannandrum: Can You 'Hash' It Out?" answer key. We hope you enjoyed solving this puzzle! By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Coffee “or” Tea? Is That Coffee or Tea, but Not Both? Or Possibly Both?

LexBlog IP

A patent drafter’s word choice, even as trivial as words like “or,” may have a significant impact on how a claim is construed. Is “or” inclusive or exclusive? Does “A or B” mean a choice between “A and B, but not both”? Or does it mean one can choose from “A, B, and both A and B”? Read more.

Patent 52
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PTO Updates Arthrex Guidance

JD Supra Law

The US Patent & Trademark Office (PTO) updated its June 29, 2021, interim procedure to implement the Supreme Court of the United States’ decision in U.S. v. Arthrex, Inc., and specifically updated the Arthrex Q&As section. The PTO’s July 20, 2021, updates address the effect of Arthrex on Patent Trial & Appeal Board (PTAB) proceedings generally and ongoing proceedings in particular.

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Interchangeable Biosimilars Have Arrived in the U.S.

Bio Law Blog

On July 28, 2021, the Food and Drug Administration (FDA) approved the first interchangeable biosimilar product, Semglee (insulin glargine-yfgn), as a diabetes treatment. Semglee is both biosimilar to and interchangeable with Lantus (insulin glargine), a long-acting insulin analog. When the Biologics Price Competition and Innovation Act (BPCIA) was enacted in 2010, it granted the FDA the power to approve biologics that are demonstrated as biosimilar to FDA-approved reference products.

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Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

JD Supra Law

As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid for obviousness. On July 9, 2021, the Supreme Court of Canada denied leave to Amgen (Docket No. 39530).

Patent 56
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Our Snap Your Summer photo competition 2021 is HERE!

CopyrightsWorld

Our Snap Your Summer photo competition 2021 is HERE! Where will you be this summer? Whether you’re at the beach, in your backyard or being a tourist in your own city, snap your favorite summer moments – and don’t keep those great images to yourself! Post your best summer snapshot on your instagram using #cwsummer for a chance to enter the TOP 30 and win exclusive CopyrightsWorld prizes!

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The Briefing – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

LexBlog IP

In this bonus episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Lawsuits discussed: San Francisco Arts & Athletics, Inc. v United States Olympic Committee USOPC v Puma.

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Stop by Cardozo for lunch and get a tan!

Likelihood of Confusion

Our [ahem, adjunct] law professor days are behind us, it appears, but we’ll be giving a presentation at the Intellectual Property Law Society at the Benjamin N. Cardozo School of. The post Stop by Cardozo for lunch and get a tan! appeared first on LIKELIHOOD OF CONFUSION™.

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New York Courts Continue to Enforce Broad General Releases, Even When Claims are Unforeseeable at the Time of Contract Execution

LexBlog IP

In Chadha v. Wahedna , 2021 NY Slip Op. 50509(U) (Sup. Ct. N.Y. Cnty. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to Plaintiff’s execution of a general release. In Chadha, Plaintiff was the co-founder, as well as former Chief Operating Officer, board member and shareholder of Defendant Wahed Inc.

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Supreme Court to Consider Whether 17 U.S.C. § 411 Requires Referral to Copyright Office

JD Supra Law

The Supreme Court of the United States agreed to review whether a district court is required to request that the Register of Copyrights advise whether inaccurate information, if known, would have caused the Register to refuse registration of the plaintiff’s asserted copyright. Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Case No. 20-915 (Supr.

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CopyrightsWorld - Untitled Article

CopyrightsWorld

Our Snap Your Summer photo competition 2021 is HERE! Where will you be this summer? Whether you’re at the beach, in your backyard or being a tourist in your own city, snap your favorite summer moments – and don’t keep those great images to yourself! Post your best summer snapshot on your instagram using #cwsummer for a chance to enter the TOP 30 and win exclusive CopyrightsWorld prizes!