Fri.Jan 07, 2022

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Anti-Piracy Outfit Rightscorp’s Corporate Status is Void Due to Unpaid Tax Bills

TorrentFreak

Backed by the RIAA, several major music industry companies have taken some of the largest U.S. Internet providers to court. The music companies accuse these providers of failing to terminate the accounts of the most egregious pirates by ignoring millions of copyright infringement notices. To make them whole, the labels demand hundreds of millions of dollars in compensation.

Music 136
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IPKat Book of the Year Awards 2021

The IPKat

Back by popular demand, it is time to vote for your favourite intellectual property law books of 2021! Anyone who managed to publish a book during 2021 most certainly deserves an award in any event, given the added pressures and stresses of the pandemic, but alas there can be only one winner (per category), so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright, Trade Mark, Design and all other Intellectual Property topics including cross-overs.

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2021 Patent Grants

Patently-O

Total utility patent grants are down about 7% for calendar year 2021. Still the total ranks as the third highest of all time. The Office has almost eliminated unwanted delay in examination. Right now the delay is about 17 months from filing to first office-action. They really don’t want that to go below 14 months in order to capture 102(a)(2) prior art (former 102(e)).

Patent 126
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UK Online Piracy Increases Slightly But Over Five Years Remains Stable

TorrentFreak

Each year the UK Government publishes a new edition of its Online Copyright Infringement Tracker which reveals the results of an annual survey polling the piracy habits of people twelve years old and above. The UK Intellectual Property Office has just published the results of the 11th wave which took place in 2021. A different methodology has been deployed since the 9th wave in an effort to produce robust results and additional insight.

Reporting 122
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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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Federal Circuit Upholds a Silent Written Description

JD Supra Law

In a precedential opinion this week, the Federal Circuit affirmed a district court judgment in favor of Novartis Pharmaceuticals, in an appeal brought by HEC Pharm challenging the written description in Novartis’s 9,187,405 patent.

Patent 100
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4 Different Ways To Protect Your Intellectual Property

Legal Zoom

To determine how to protect your intellectual property (IP), follow this in-depth guide that showcases types of IP and ways to fight violations.

More Trending

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AI-powered patent pools open for business despite some market scepticism

IAM Magazine

Two newly launched licensing platforms say the moment has arrived to deploy the rapidly developing technology, but not everyone is convinced.

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Lenovo Wins 2nd Wireless Patent Trial Against InterDigital

IP Law 360

A London court has invalidated a wireless technology patent that InterDigital has accused Lenovo of infringing by implementing 3G network standards, handing the Chinese technology giant a victory in the wide-ranging multi-patent battle.

Patent 75
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Professor McCarthy Criticizes CAFC's Stance on Article III Standing in Brooklyn Brewery Case

The TTABlog

Professor J. Thomas McCarthy has provided to me his comments on the CAFC's October 27, 2021 decision in the Brooklyn Brewery case, in which the appellate court largely affirmed the TTAB's denial of Plaintiff Brooklyn Brewery's petition for cancellation of a registration for the mark BROOKLYN BREW SHOP (in standard form) for beer-making kits. However, as to the Board's dismissal of Brewery's opposition to the stylized form of the mark for "sanitizing preparations for household use," the court rul

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Calif. Says Stopping Pay-For-Delay Ban Went 'Too Far'

IP Law 360

The state of California told a federal judge that an injunction blocking the Golden State's recent law banning most so-called pay-for-delay deals went "too far" and wants a new ruling that would let the state fight patent settlements with generic drug manufacturers that are inked within the state.

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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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CALL FOR APPLICATIONS: IPilogue Writers (Winter 2022)

IPilogue

Due to popular demand, we are accepting applications to join the IPilogue team as writers for the Winter term! If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you. IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

This past week in London has seen Honda UK's ÂŁ1.7 billion ($2.3 billion) pension fund sue its asset manger, a defunct futures fund take aim at Citibank and Euroclear, and the former and current owners of Newcastle United go head-to-head over a loan deal. Here, Law360 looks at these and other new claims in the U.K.

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Other Barks & Bites for Friday, January 7: ITC Rules Google Audio Players Infringe Sonos Patents, China Bans Most Exclusive Music Licensing Agreements, French Data Regulators Issue Record Fine Against Google

IP Watchdog

This week in Other Barks & Bites: China unveils its goals for improving IP rights during the country’s 14th Five-Year Plan, even as the country’s copyright administration announces a ban on most exclusive music licensing deals; the Federal Circuit affirms the validity of Novartis patent claims over Chief Judge Moore’s dissent over the majority’s treatment of the written description requirement; the U.S.

Music 59
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Brand Battles: Kim Kardashian Co. Faces 'SKKN' Beauty Fight

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Kim Kardashian has been hit with a challenge over the reality star's rebranded beauty line "SKKN By Kim" by a Black-owned spa company — plus four other cases you need to know about.

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Patent Law’s Fifth Column: Motivation to Combine with Reasonable Expectation to Success

Patently-O

by Dennis Crouch. Apotex Inc. v. Cephalon, Inc. (Supreme Court 2022). In its petition for writ of certiorari , Apotex asks the Supreme Court to revisit motivation to combine , obvious to try and whether the non-obvious contribution needs to be an improvement over the prior art. The petition argues that KSR v. Teleflex (2007) requires a flexible analysis, but that “over the ensuing decade-and-a-half, the Federal Circuit has … reverted to its old rigid ways.” The petition al

Patent 61
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Opportunities And Legal Implications In The Metaverse

IP Law 360

Attorneys at Ropes & Gray explore the underlying technologies of Web3, discuss the concept of the metaverse and its commercial opportunities, and examine associated legal considerations, from trademark protection to the application of existing securities laws in decentralized, blockchain-based systems.

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Knockoff News 54

Likelihood of Confusion

It fell off the back of a truck! Originally posted 2013-06-07 12:10:41. Republished by Blog Post Promoter. The post Knockoff News 54 appeared first on LIKELIHOOD OF CONFUSION™.

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Polsinelli Loses IP Head To Womble Bond

IP Law 360

The managing partner of Polsinelli's Silicon Valley office, who had also helmed its intellectual property practice, has left for a spot on Womble Bond Dickinson's trial practice.

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Data Breaches: Regulatory and Contractual Notification Obligations

LexBlog IP

Data Breaches : Regulatory and Contractual Notification Obligations. Personal data breaches are, unfortunately, becoming an increasingly common occurrence. Personal data breaches can happen to any company within any industry, resulting in millions of dollars in fines and reputational costs. This blog will discuss what constitutes a personal data breach, organizational obligations for notifying customers, and how organizations can limit contractual liability for personal data breaches.

Privacy 52
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French Reform of Automatic Intellectual Property Assignment for Non-employee Personnel

JD Supra Law

France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine. This situation is changing, further to Decree n°2021-1658 dated 15 December 2021, replicating the regime applicable to inventions and software created by employees or public servants to those made by natural persons accommodated by private or public law entities carrying.

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Milk Vitamin Patents Surprisingly Soured By Section 101

IP Law 360

A Delaware federal court recently found formulations of a vitamin in cow's milk to be patent-ineligible, but courts generally have upheld patent claims to formulations of natural compounds — showing that greater clarity is needed on the application of Section 101 to these patents, say attorneys at Kramer Levin.

Patent 52
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Changes to USPTO Procedures from the Trademark Modernization Act of 2020

JD Supra Law

On December 7, 2020, Congress enacted the Trademark Modernization Act of 2020 (the “TMA”). The United States Patent & Trademark Office (the “USPTO”) recently promulgated rules implementing the TMA, which, in large part, took effect on December 18, 2021.

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Publishers Further Delay Office Return

Velocity of Content

In a New Year’s message , Hachette Book Group CEO Michael Pietsch has called 2021, “a very successful year,” while also noting supply chain disruptions and return-to-office uncertainties. According to Publishers Weekly , Pietsch said the pandemic, “has derailed our plan to return to our offices early in [2022] … Planning for that return requires a tremendous amount of work, especially with such a continually evolving situation, and I am deeply grateful to the teams handling that complex proces

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Sports & Entertainment Spotlight: Former Tampa Bay Buccaneers Wide Receiver Antonio Brown’s Contract Is Terminated, and Fans Suffered Injuries Falling From the Stands at Washington FootBall Team’s FedEx Field

JD Supra Law

Welcome back to the “Sports & Entertainment Spotlight,” where all are permitted entry – even Novak Djokovic. First and foremost, allow me to be among the last to wish you a Happy New Year 2022! Seriously folks, like birthdays, you can’t go wishing people a happy New Year more than one week after the fact — it’s just bad form. At any rate, less than one week into the year and there are already stories a-plenty.

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Oral Contract Claims Dismissed

Chicago IP

Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op. (N.D. Ill. Oct. 19, 2021) (Kendall, J.). Judge Kendall granted in part counterclaim plaintiff CZS Holdings’ (“Pur360”) Fed. R. Civ. P. 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. As an initial matter, the Court noted that Kolbe’s counterclaim and his response brief were not signed as required by Fed.

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[Video] Huddling with Hutch adVENTURES: Behind the scenes with an early-stage venture capital firm

JD Supra Law

Hutchlaw sits down with a managing partner from Good Growth Capital, an early-stage venture capital firm, to discuss the process of working with a venture capital firm, the benefits that come with that relationship and how to find the best situation for your business’s needs.

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Oral Contract Claims Dismissed

LexBlog IP

Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op. (N.D. Ill. Oct. 19, 2021) (Kendall, J.). Judge Kendall granted in part counterclaim plaintiff CZS Holdings’ (“Pur360”) Fed. R. Civ. P. 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case.

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Change the Look of the Room: Appeal Transferred to Federal Circuit

JD Supra Law

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative complaint included six counts of patent infringement and thus arose under patent law. Hudson Furniture, Inc. et al. v. Lighting Design Wholesalers Inc., Case No. 20-3299 (2d Cir.

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Hiswara Bunjamin & Tandjung Advises Indonesian Coffee Shop Kopi Kenangan on Series C Fundraising Leading to Unicorn Status

Herbert Smith Freehills

Herbert Smith Freehills’ Indonesian associate firm Hiswara Bunjamin & Tandjung (HBT) has advised Kopi Kenangan on a Series C fundraising, which placed the company as the first New Retail F&B unicorn in Southeast Asia. Kopi Kenangan, Indonesia's fastest growing New Retail F&B chain, raised US$96 million in the round. It will use the proceeds to support rapid growth of its home-grown coffee brand, expanded product offerings (ranging from bread to "chicken on the go" and soft-cookie bra

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Can’t Overturn Jury Verdicts Based on Reasonable Inferences, but Broad Injunction Is Nonstarter Even for Willfully Misappropriated Trade Secrets

JD Supra Law

In a rare appellate trade secret opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s denial of a defendant’s request for a new trial on liability and its refusal of the plaintiff’s requested injunction. It also reversed in part the district court’s denial of judgment as a matter of law (JMOL) on damages for clear error because the plaintiff failed to deduct marginal costs when calculating lost profits.

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Friday Fantasies

The IPKat

As we welcome a happier (and more importantly) a healthier new year, this Kat brings to you a handful of events and opportunities. Event 4iP Council Solution in Search of a Problem: Licensing Negotiation Groups in the Internet of Things The 4iP Counsel will be organizing the subject line webinar on 19 January 2022 4 p.m. CET. The webinar will be presented by Prof.

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What Comes Next for the NCAA Name, Image, and Likeness Rules?

JD Supra Law

There have been massive changes in American collegiate sports since this past summer: On June 30, 2021, the National Collegiate Athletic Association (“NCAA”) radically changed course and announced that it would no longer penalize student athletes who profit off of their name, image, and likeness (“NIL”). As the clock struck midnight on the day the change became official, high profile collegiate stars began announcing sponsorship deals and trademark filings, including debuting personal logos.

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Cole Schotz Elevates 9 Attys To Members In NJ, NY, Texas

IP Law 360

New Jersey-based Cole Schotz PC recently elevated nine attorneys to partnership, strengthening the firm's offices in the Garden State, New York and Texas.

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Patent splurging: how in-house would spend budget increases

Managing IP

Four lawyers tell Managing IP that they would invest in people, foreign filings and patent quality if their budgets went up by 20% or more

Patent 52
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Q3 2021 saw a software surge in US patent sales

IAM Magazine

The most recent AST data shows a 12-point jump in transacted assets, as well as continuing strength in healthcare and semiconductors.

Patent 52