Thu.Jun 30, 2022

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Reminder: Shamnad Basheer Essay Competition Deadline Coming up, Prize Money Doubled

SpicyIP

Don’t miss the deadline! Picture from here. As a reminder to our readers, the deadline for submissions to the 3rd Shamnad Basheer Essay Competition on Intellectual Property Law is just a couple of weeks away – July 14th, 2022 (23:59 IST). We’re also very happy to announce that an anonymous supporter has generously agreed to double the prize money for the winners!

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Former Red Sox Nemesis Bucky Dent Applies to Register "BUCKY F'ING DENT" for Entertainment Services

The TTABlog

Russell Earl "Bucky" Dent was a light-hitting shortstop for the New York Yankess when, in 1978, he hit a three-run homer that gave the Yankees a 3–2 lead in the AL East division tie-breaker game against the Boston Red Sox. The Yankees went on to win that game, and then the World Series over the Los Angeles Dodgers. Boston Red Sox fans still refer to him ruefully as "Bucky F **g Dent.

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Mission not meetings: How government leaders could avoid self-sabotage

McKinsey Operations

Government leaders get up in the morning for the mission, but they often spend their day working against the bureaucracy. This can lead to self-sabotage, and it is not uncommon. But it can be overcome.

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Rights in Titles: Delhi High Court Affirms Rights in the Title of Iconic Bollywood Film

IPilogue

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. On May 09, 2022 , the Delhi High Court protected the title of the iconic Bollywood movie “ Sholay ” from trademark infringement and passing-off by a U.S. based company, as well as its Indian affiliates and founders. The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website.

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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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From crude oil to chemicals: How refineries can adapt to shifting demand

McKinsey Operations

The energy transition will reduce demand for oil products but increase opportunities to capture the growing demand for petrochemicals.

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Justices' Patent Eligibility Denial Won't End Fight For Clarity

IP Law 360

The U.S. Supreme Court on Thursday rejected a highly controversial case on patent eligibility, ignoring impassioned pleas from the U.S. Patent and Trademark Office and Federal Circuit that they need help interpreting the law consistently, and leaving attorneys to hope Congress will pick up the baton.

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Negative Claim Elements and the Importance of Complete Patent Disclosures: How Novartis Lost a $2.8 Billion Drug to Generic Drug Makers

JD Supra Law

On June 21, 2022, Novartis Pharmaceuticals Corp.'s patent for a method of treating multiple sclerosis with fingolimod (Gilenya®) was held invalid for lack of written description under 35 U.S.C. § 112(a). Gilenya® was Novartis' third bestselling pharmaceutical drug in 2021, and represented a total revenue for the company of about $2.8B globally. The decision is a win for the generic drug makers engaged in the instant Hatch-Waxman litigation with Novartis, and will likely result in hundreds of.

Patent 98
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BREAKING: Supreme Court Rejects American Axle's Patent Eligibility Bid

IP Law 360

The U.S. Supreme Court on Thursday turned away one of the most closely watched patent eligibility petitions to date, dashing the hopes of those who want the justices to provide more clarity on the subject.

Patent 98
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Hermès’ Challenge of ‘MetaBirkin’ NFTs Foretells Future Trademark Litigation Trends

IP Watchdog

There are not many trademark cases that are of equal interest to high fashion, the art world and cutting-edge tech. The ongoing “MetaBirkin” lawsuit is unusual, however, in that it involves a designer brand and two of the latest, trending topics – non-fungible tokens (NFTs) and the metaverse. In a case that has bagged global attention, luxury design house Hermès is suing artist Mason Rothschild in New York for trademark infringement and dilution, misappropriation of its BIRKIN trademark, cybersq

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[Audio] [Podcast] Outsmarting Cyber Scammers: A Look Into Anti-Cybersquatting Litigation

JD Supra Law

In this podcast, Wiley partners Attison L. Barnes, III and David E. Weslow pull from their combined decades of experience for an in-depth discussion of cybersquatting and related Internet and digital media scams. Since the beginning of the COVID-19 pandemic, business impersonation scams have increased 85%, and 95% of the 500 most popular websites are subject to impersonation.

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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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IP Forecast: Apple Foe Looks To Revive Axed $308M Verdict

IP Law 360

The Federal Circuit next week will consider whether a Texas judge made the right call in throwing out a patent-holding company's $308.5 million jury verdict against Apple by using a rarely invoked rule meant to punish slow-walking applications at the patent office. 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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USPTO: Compelling Evidence of Unpatentability Forecloses Fintiv Denial

JD Supra Law

The USPTO recently issued new guidance on how the Patent Trial and Appeal Board (PTAB) will apply Apple Inc. v. Fintiv Inc., a 2020 precedential decision which laid out considerations for denying institution of a post-grant proceeding because of a parallel district court litigation. USPTO Director Katherine K. Vidal released a memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings With Parallel District Court Litigation.”.

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The Technology Driving Today’s Supply Chain Management

IP.com

In today’s collaborative, global economy, no one company can deliver an end product to consumers alone. The logistics required to go from raw material and product design to a retail. The post The Technology Driving Today’s Supply Chain Management appeared first on IP.com - IP Innovation and Analytics.

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Update on biosimilars in Canada – June 2022

JD Supra Law

We provide a further update on developments regarding biosimilars in Canada (approvals, pending submissions, litigation, regulatory, market access and competition) since our last update in October 2021.

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My Periscope with Adam Townsend

Likelihood of Confusion

?LIVE: Discussing social media, the suppression of dissent and legal asymmetrical warfare with lawyer @RonColeman Please join us now and please ask questions ? [link] — Adam Townsend (@adamscrabble) September. The post My Periscope with Adam Townsend appeared first on LIKELIHOOD OF CONFUSION™.

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Interim USPTO Guidance: Compelling Evidence of Unpatentability Forecloses Fintiv Denial

JD Supra Law

Key Points - On June 21, 2022, USPTO Director Katherine K. Vidal issued a memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings With Parallel District Court Litigation.” Under this new guidance, Director Vidal clarifies how the PTAB will apply Apple Inc. v. Fintiv Inc., a 2020 precedential decision which laid out considerations for denying institution of a post-grant proceeding because of a parallel district court litigation.

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Supreme Court Refuses to Reconsider its Patent Eligibility Doctrine

Patently-O

by Dennis Crouch. As its final act for the 2021-2022 term, the US Supreme Court has denied certiorari in the pending patent eligibility cases of American Axle v. Neapco and Spireon v. Procon. The Patent Act expressly lists four categories of patentable inventions: “any new and useful process , machine , manufacture , or composition of matter , or any new and useful improvement thereof, may obtain a patent therefor.” 35 U.S.C. 101.

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Can I get a trademark, copyright, or patent for Cannabis-related products?

JD Supra Law

Can I get a trademark, copyright, or patent for Cannabis-related products? Maybe. Individuals and businesses crave certainty. With every emerging area of law; however, comes a certain degree of uncertainty.

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Localization of data privacy regulations creates competitive opportunities

McKinsey Operations

Around the world, new regulations are promoting data localization. To comply, companies must be agile in their investments, but those that get it right could increase their revenues and market share.

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House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

JD Supra Law

Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. The “Accountability for Workplace Misconduct Act,” H.R. 8146, appears to be a federal effort to expedite the state-level trend to exempt discrimination, harassment, and retaliation information from confidentiality restrictions.

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CJEU confirms extrajudicial costs are 'other expenses' which may be claimed in IP infringement cases

The IPKat

In IP infringement cases, the compensation of extrajudicial/out-of-court costs is a tricky subject. It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. In various Member States, law firms have built a business model on retrieving such legal costs for the rightholder.

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University of Massachusetts v. L'Oreal S.A. (Fed. Cir. 2022)

JD Supra Law

In reviewing (and reversing) the District Court's claim construction in University of Massachusetts v. L'Oreal S.A., the Federal Circuit availed itself of both the disclosure in the specification and the prosecution history to construe a limitation in a wherein clause, based on its determination that the term did not have a plain meaning and thus other indicia of what the claim term at issue meant should be considered.

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Winning with commercial excellence: Ten lessons for consumer goods

McKinsey Operations

Our latest research shows how leading consumer goods companies build the critical commercial capabilities to out-execute the competition and drive profitable growth.

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Federally Registering the Trademark of Your NFT

JD Supra Law

In order to legally own your non-fungible token (NFT) brand, you can and should consider federally registering the trademark on it. NFTs are inherently valuable given that they represent unique, irreplaceable digital assets.

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Football Piracy: Premier League Granted Extension to ISP Blocking Order

TorrentFreak

Over the past several years, The Football Association Premier League has been working hard to combat the availability of illegal match streams broadcast over the Internet. Pirate IPTV services, web-based streaming sites, and a smörgåsbord of infringing apps all create issues for the world’s most famous football league. From a practical standpoint, it’s impossible to shut them all down.

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Artificial intelligence and intellectual property: UK Government responds to UK IPO consultation

JD Supra Law

Following its first consultation on artificial intelligence and intellectual property in 2020, the UK Intellectual Property Office launched a second consultation in October 2021. This second consultation looked at whether changes needed to be made to the laws on copyright and patents to accommodate the use of AI. The Government has now published its response.

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Ethics Considerations For Attorneys Joining Nonprofit Boards

IP Law 360

Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers to set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. That’s understandable. Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protect

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'Big Bang Theory' Star Wins Ban On Fake CBD Endorsement

IP Law 360

A Florida federal judge agreed to block dozens of websites and online markets from attaching actor Mayim Bialik's name to their CBD products, less than two weeks after she said her name was being used without her permission to create the false impression that she endorses them.

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The keys to QML patent success

IAM Magazine

Co-published - A guide to drafting applications that meet EPO eligibility requirements.

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Judge Told Not To DQ Troutman Pepper In Dunkin' TM Row

IP Law 360

A company accusing Dunkin' Brands Group of trademark infringement over a plant-based sausage product asked a Florida federal judge on Wednesday to deny the restaurant company's bid to disqualify Troutman Pepper from representing it, saying Dunkin' cannot use the mere presence of a common in-house legal department to deprive the company of its chosen counsel.

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IP STARS 2022: The full patent rankings

Managing IP

We have published all the 2022 rankings of the leading firms for patent litigation and protection work.

Patent 83
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Kanye West Sued Over Unauthorized Samples On 'Donda 2'

IP Law 360

A song on Kanye West's most recent album "Donda 2" features 22 unauthorized samples from the popular 1980s house music song "Move Your Body," according to a copyright infringement case filed in New York federal court.

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OM Weekly Digest 06/30/22

Olartemoure Blog

06/30/22 – Compliance. On 22 June, Colombia’s financial oversight authority announced signing an MoU on money laundering and terrorist financing prevention with the US Financial Intelligence Agency (FinCen). According to the oversight authority, the agreement has three purposes. . Promote detection and compliance of legal requirements on money laundering and terrorist financing issues in both jurisdictions. .

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court presumes injury from comparative false advertising for injunctive relief, not monetary

43(B)log

Universal Life Church Monastery Storehouse v. American Marriage Ministries, 2022 WL 2317439, No. C19-0301RAJ (W.D. Wash. Jun. 28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. This opinion grants partial summary judgment on ULC Monastery’s Lanham Act, Washington Consumer Protection Act, and defamation claims; AMM has some surviving counterclaims as of this opinion.