Tue.Feb 15, 2022

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3 Count: Guitars, Cadillacs and Settlement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Warner Music, Country Star Dwight Yoakam Settle Copyrights Dispute. First off today, Blake Brittain at Reuters reports that country music singer Dwight Yoakam has reached a settlement with Warner Music Group (WMG) that puts an end to their copyright termination battle.

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What Happens When Appealing a Trademark Refusal to the TTAB

Erik K Pelton

The following is an edited transcript of my video What Happens When Appealing a Trademark Refusal to the TTAB. The Trademark Trial and Appeal Board, or TTAB, is a panel of judges that can decide cases on appeal. They also can decide certain types of disputes, oppositions or cancellations, but we’re going to talk about appeals. Every year there are several hundred–maybe even several thousand–appeals filed before the trademark trial and appeal board.

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Copyrighting the Ogopogo: The © Story Behind the News Story?

Hugh Stephens Blog

The headline in the local paper grabbed my attention. “City of Vernon transfers copyright to legendary Ogopogo to B.C. Indigenous nations”. It went on to say that “The legal rights to the legendary creature in a British Columbia lake have been transferred to an alliance of Indigenous nations who say the Ogopogo has always been … Continue reading "Copyrighting the Ogopogo: The © Story Behind the News Story?

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The 12-Year Patent

Patently-O

by Dennis Crouch. A patent costs money; and the costs continue even after issuance. The U.S. requires a set of three “maintenance fees” to keep a utility patent in force for its entire 20 year patent term. These are due 3.5, 7.5, and 11.5 years after issuance, but the PTO allows for a 6-month grace period for payment. The chart below looks at the percentage of utility patents where the fees were paid prior to abandonment.

Patent 119
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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 Future is Funding? Women Receive Just 2% From a Big VC Funding Year

IPilogue

Photo by Mohamed Hassan ( Pixabay ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. 2021 was a big year for innovation and small businesses—venture capital (“VC”) funding reached an all-time high with 83% higher funding in the US than the total raised in 2020. Venture capitalists are investors who provide funds to small businesses and start-ups that exhibit exceptional growth potential based on market studies.

Business 118
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National Black History Month: Commerce Home to Black Leaders in STEM Education and Research

U.S. Department of Commerce

National Black History Month: Commerce Home to Black Leaders in STEM Education and Research. February 15, 2022. KCPullen@doc.gov. Tue, 02/15/2022 - 13:55. Black History Month is a time to show appreciation for the achievements of the Black scientists, educators, creators, activists, and others who have contributed to our nation’s greatness and continue to propel this nation forward every day. .

More Trending

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Thank You, Senator Tillis, for Recognizing the Need for Evidence-Based Policymaking in Patent Law

IP Watchdog

Earlier this month, Senator Thom Tillis (R-NC) sent a letter to the U.S. Patent and Trademark Office (USPTO) and to the U.S. Food and Drug Administration (FDA), expressing concern about policymaking on drug patents and drug prices being driven by a narrative rooted more in policy goals than in actual data. He sent another letter to a policy organization, Initiative for Medicines, Access, and Knowledge (I-MAK), which has held itself out as go-to source for data on the number of patents covering d

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Noted with Interest: The Importance of IP Due Diligence in Bankruptcy Proceedings: The Sale of Il Mulino Restaurants’ Intellectual Property

JD Supra Law

On August 12, 2021, the U.S. Bankruptcy Court for the Southern District of New York issued an opinion after trial concerning the iconic Il Mulino Italian restaurants, reaffirming an acquirer’s rights (“Buyer”) to use all of the valuable intellectual property, including social media, domain names, and websites, that the Buyer acquired pursuant to a “credit bid”, in connection with Buyer’s operation of Il Mulino restaurants.

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Diana Muller, Trademark Expert For Sports Icons, Dies At 75

IP Law 360

Diana Muller, a renowned trademark attorney who counted Michael Jordan, Arthur Ashe, Pele and other sports personalities as her clients, died in Miami, Florida, last week at the age of 75.

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Preliminary Negotiation or Commercial Offer for Sale?

JD Supra Law

LARRY G. JUNKER V. MEDICAL COMPONENTS, INC. Before Dyk, Reyna, and Stoll. Appeal from United States District Court for the Eastern District of Pennsylvania. Summary: A letter containing specific delivery conditions, risk allocations, and payment terms may constitute a commercial offer for sale despite being sent in response to a “request for quotation.”.

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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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Facebook Can't Ax Voxer's Livestream Patents Under Alice

IP Law 360

A Texas federal judge Tuesday denied a bid by Facebook Inc. and its subsidiary Instagram LLC to invalidate under the U.S. Supreme Court's Alice test two of several livestreaming technology patents that the social media behemoths are accused of infringing.

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General Counsels Ask Raimondo to Immediately Repeal NHK-Fintiv Framework

IP Watchdog

Invoking familiar warnings about grave threats to U.S. innovation, 23 chief legal officers of big companies spanning industries from high-tech, internet and streaming to auto, financial services and home security, recently sent a letter to Secretary of Commerce Gina Raimondo calling on her to “immediately repeal the NHK-Fintiv rule” established by former U.S.

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Locast Fully Pays Broadcasters To End Copyright Suit

IP Law 360

Major broadcasters disclosed Tuesday that the now-defunct streaming site Locast had satisfied its payment obligations to broadcasters to finally tie up a copyright lawsuit and subsequent settlement.

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Eligibility of Chinese Patent Applications in the Field of Algorithms (software)

JD Supra Law

In recent years, there appear not only many foreign applicants who have been constantly investing in China’s patent assets, but also some big Chinese software companies applying for a large number of invention patents on algorithms or business rules and methods related to artificial intelligence, "Internet +", big data, and blockchain.

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UK High Court Grants the MPA its First “Pirate” Cyberlocker Blocking Order

TorrentFreak

Website blocking is without a doubt one of the favorite anti-piracy tools of the entertainment industries. The UK has been a leader on this front. Since 2011, the High Court has ordered ISPs to block access to many popular pirate sites. While official numbers are lacking, it’s believed that thousands of URLs are currently blocked, targeting sites such as The Pirate Bay, Sci-Hub, Fmovies, NewAlbumReleases, and Team-Xecuter.

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Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

JD Supra Law

A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents.

Patent 96
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Lobby Harder: Canadian Heritage Minister Pablo Rodriguez Issues Industry Call to Action to Support Bill C-11

Michael Geist

Canadian Heritage Minister Pablo Rodriguez appeared at the CMPA’s Prime Time conference last week, calling on the film, TV and broadcast sectors to become even more vocal in defending his Bill C-11. The bill, which has been the top lobbying priority of the sector for years, opens the door to regulating user generated content and asserts jurisdiction over all audio-visual services worldwide.

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When an Unmet Need May Not Be Enough

JD Supra Law

ADAPT PHARMA OPERATIONS LTD. V. TEVA PHARMS. USA, INC. Before Newman, Prost, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Recent attempts by competitors to achieve patented technology, both before and after patent’s publication, not strong enough objective indicia of nonobviousness.

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Building a Culture of Success from the Start: Focus on Management Excellence

Velocity of Content

I recently had the pleasure of teaming up with CCC to offer a four-part webcast series designed to provide emerging R&D-intensive organizations best practices for optimizing culture, diversity & inclusion, information management, and data generation & management. The following are some key takeaways from the first in this series focused on management excellence.

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keyword ads, product names not confusing in ex-roommate spat

43(B)log

Boost Beauty, LLC v. Woo Signatures, LLC, 2022 WL 409957, No. 2:18-cv-02960-CAS-Ex (C.D. Cal. Feb. 7, 2022) Another keyword ad-plus case fails. Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword.

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Defunct Kenyon Firm Can't Revive $9M IP Fee Fight

IP Law 360

Kenyon & Kenyon LLP, a now-shuttered intellectual property law firm, can't revive its fight to recover $9.3 million in unpaid legal fees from a former client that invented a system for music and film downloads, a New York appellate court ruled Tuesday.

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Lanham Act: Motion for Attorney Fees Should Reveal Evidence of an Exceptional Case

IP and Legal Filings

In the present case, Avance Health System, Inc. (“Defendant”) has brought the motion for attorney fees against Passport Health, LLC (“Plaintiff”). This case came before the United States District Court for the Eastern District of North Carolina Western Division (“ Court ”) on the defendant’s renewed motion for attorney’s fees. The court granted summary judgement for the defendant’s motion.

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Breyer's Role In Courthouse Design Sets A Judicial Template

IP Law 360

As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

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ALJ Cheney Orders First Interim ID Proceeding under the ITC’s Pilot Program

IP Tech Blog

As I wrote last May ( here ), the U.S. International Trade Commission (ITC) has begun a pilot program that will allow Administrative Law Judges (ALJs) to issue interim Initial Determinations (IDs) on fewer than all issues in a Section 337 investigation. On January 25, 2022, ALJ Cheney became the first ALJ to utilize the interim ID pilot program in two related investigations – Certain Replacement Automotive Lamps , Inv.

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Bridal Designer Can't Promote Herself But Can Keep TikTok

IP Law 360

A New York federal judge said "Say Yes To The Dress" designer Hayley Paige can't promote herself as an influencer and will have to split her Instagram account with her former employers at the bridal company JLM Couture but said JLM will have to hand her back the login for her TikTok.

Designs 75
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Challenging NHK-FINTIV

Patently-O

Accused patent infringers are fighting to overturn NHK-Fintiv rules that permit the PTAB to deny IPR institution in favor of pending litigation between the parties. In addition to pending SCOTUS petitions; see a recent letter to the Commerce Sec. [link] pic.twitter.com/pqOgtrtn73. — Dennis Crouch (@patentlyo) February 15, 2022.

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Warner Bros. Says 'Matrix' Release Row Belongs In Arbitration

IP Law 360

Warner Bros. said Monday that "Matrix" co-producer Village Roadshow Pictures' suit challenging its decision to release "The Matrix Resurrections" simultaneously in theaters and on HBO Max belongs in arbitration, arguing that the claims clearly fall within the scope of arbitration agreements.

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What is a patent application? What makes it good?

Patent Trademark Blog

Do you need a design or utility patent application? Are you trying to protect the functionality or the appearance of your idea? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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Biogen and Xbrane Enter into Worldwide Commercialization and License Agreement for Certolizumab Pegol Biosimilar

LexBlog IP

On February 7, 2022, Biogen Inc. and Xbrane Biopharma AB announced that they had entered into a commercialization and license agreement related to Xcimzane, a certolizumab pegol biosimilar referencing CIMZIA. Under the agreement, Biogen will gain exclusive global regulatory, manufacturing, and commercial rights to Xcimzane, and Xbrane will be responsible for completing pre-clinical development.

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Last Week in the Federal Circuit (February 7-11): Don't Forget To File Your Patent Before Pressing That "Fax" Button

JD Supra Law

No better way to start Valentine’s Day week than to think about a different way for communicating. But as this week’s case of the week shows, what you say and how you say it can matter. Check out our usual weekly statistics below and the detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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PTAB Paralegal Delay Dooms Parallel Petition

LexBlog IP

Different Filing Dates Accorded to Petitions Filed on the Same Day. One of the more annoying aspects of PTAB practice is the variability in the agency’s issuance of Filing Date Notices. In some cases, the Notice — an agency paralegal function — can come within a week or two of filing a petition (as it should), while in others, weeks later.

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Latest Federal Court - February 2022 #2

JD Supra Law

Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and dissent, provided an extended discussion of obviousness analyses. This discussion comes in the context of the Federal Circuit affirming the U.S.

Patent 52
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ALJ Cheney Orders First Interim ID Proceeding under the ITC’s Pilot Program

LexBlog IP

As I wrote last May ( here ), the U.S. International Trade Commission (ITC) has begun a pilot program that will allow Administrative Law Judges (ALJs) to issue interim Initial Determinations (IDs) on fewer than all issues in a Section 337 investigation. On January 25, 2022, ALJ Cheney became the first ALJ to utilize the interim ID pilot program in two related investigations – Certain Replacement Automotive Lamps , Inv.

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2022 IP Outlook Report: The Developments Shaping Trademark Law

JD Supra Law

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond.

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Oy vey

Likelihood of Confusion

Consider the other side of the aggrieved vandalism promoter Shepard Fairey, of HOPE poster fame: Gawker: “Obey” Trademark Law: Some guy in Pittsburgh sells little baby Steeler mascots with the. The post Oy vey appeared first on LIKELIHOOD OF CONFUSION™.