Fri.Jul 22, 2022

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UK Pirate IPTV Sellers Receive In-Person Warnings From Police Officers & FACT

TorrentFreak

Once upon a time the vast majority of piracy and counterfeiting involved physical goods. Not even movies changed hands without first being recorded onto an analog videotape or more recently, optical media. These days everything is done online. A movie is just another file to be silently downloaded and the days of buying hacked satellite cards from the small ads in specialist computer magazines are long gone.

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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised. The decision to move to diplomatic conferences was made during the Assemblies of the Member States of WIPO, which are being held from 14 to 22 July 2022, concerning the following instruments.

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Congratulations to Bonnie Hassanzadeh on Receiving the IP Osgoode David Vaver Medal for Excellence in Intellectual Property!

IPilogue

IP Osgoode is pleased to announce the award of the IP Osgoode David Vaver Medal for Excellence in IP to? Bonnie Hassanzadeh. . IP Osgoode founded this? special medal , presented yearly during Osgoode convocation to mark Prof. David Vaver’s? induction into the Order of Canada ?for his leadership in intellectual property as “a scholar and mentor”. .

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Patent Filings Roundup: Board Denies Petition for Claims Not in Litigation; SK Hynix Hits Longhorn with Declaratory Judgment on Semi Campaigns

IP Watchdog

It was a slow summer week at the Board with just 23 new petitions—one post grant review and 22 inter partes reviews; in district court, a relatively average 63 new filings and 53 terminations rounded out the count. The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Ship

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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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Another Account Suspension Case Yeeted–Rangel v. Dorsey

Technology & Marketing Law Blog

Rangel has the Twitter alias “ religiouserpico ”: Twitter suspended him after he tweeted “HANG THEM ALL” (did God approve that???). He sued pro se. The court yeets his lawsuit. Claim Against Jack Dorsey. “Out of millions of Twitter accounts, it is implausible that Dorsey took specific action against Rangel.” Section 230. ICS Provider. “Twitter clearly is a ‘provider. of an interactive computer service’ under the CDA.” Cites to Dyroff and Brittain v

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Janssen succeeds on infringement against Apotex in macitentan combination patent case

JD Supra Law

In a public decision dated July 6, 2022 in an action under the Patented Medicines (Notice of Compliance) Regulations, Justice Pallotta of the Federal Court found that Apotex would infringe Janssen’s patent relating to Janssen’s OPSUMIT (macitentan) by selling APO-MACITENTAN: Janssen Inc v Apotex Inc, 2022 FC 996. Apotex did not challenge validity.

Patent 98

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EuGH: Unterbrechung der Verwirkungsfrist nur bei ernsthafter Rechtsverfolgung

JD Supra Law

Der mit einem kennzeichenrechtlichen Verfahren um die Rechte am Unternehmenskennzeichen „HEITEC“ befasste BGH legte dem EuGH vier Fragen zur Vorabentscheidung vor, welche alle die Rechtsfrage der Verwirkung wegen Duldung zum Gegenstand hatten. Der EuGH entschied unter anderem, dass eine Abmahnung sowie die Anhängigkeit einer Klage nur dann zur Unterbrechung der Verwirkungsfrist führen, wenn sie auf die Herbeiführung einer rechtsverbindlichen Lösung gerichtet sind und mit der gebotenen Sorgfalt.

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Navigating regulatory uncertainty in packaging: A new wave of chemical-substance regulations

McKinsey Operations

Forthcoming chemical-substance regulations will add significant complexity for the packaging industry. Being proactive in developing a cross-functional master plan can provide clarity and a route to managing this uncertainty.

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THE Biggest Collegiate Trademark News This Year: How Ohio State University Trademarked THE

JD Supra Law

On June 21, 2022, after a nearly three-year long application process, The Ohio State University registered the trademark THE. The registration of the simple three-letter word has sparked controversy, several internet jokes, and a lot of questions.

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UFC & Boxing Distributor Uses Copyright Claims Board to Target ‘Pirating’ Bars

TorrentFreak

The Ultimate Fighting Championship (UFC) is the most recognizable mixed martial arts promotions company in the world. The company’s events attract millions of viewers, some of whom are willing to pay big bucks to access monthly PPV events and even more money to watch live in often sold-out arenas. For others, the costs involved are simply too steep.

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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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Top Holders of Blockchain Patents

JD Supra Law

As we noted in our post last year on the state of blockchain patent litigation, thousands of blockchain-related patent applications are being filed in the U.S. Patent and Trademark Office. Continuing our analysis of the evolving landscape, we now look at who is filing these patent applications. A search for the top applicants for U.S. patents from the start of 2021 to today submitting applications on either “blockchain” or “distributed ledger” technology yielded an interesting view of the.

Patent 98
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Enjoining Patent Prosecution

Patently-O

by Dennis Crouch. Steven Young and Carl Hewitt developed technology for monitoring infant biometrics. Later, they began working with Sleep Number Corp. who eventually purchased their company. The result was SleepIQ technology for Sleep Number smart beds. Eventually Young & Hewitt decided to leave the company and start out on their own once again and founded a new venture UDP Labs–still focusing on sleep biometric data integrated into hospital/medical furniture.

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Apple Watch Found to Infringe AliveCor ECG Patents

JD Supra Law

AliveCor, Inc., a company focused on cardiac data and remote medicine, successfully convinced an International Trade Commission (ITC) judge that Apple, Inc. infringed multiple AliveCor patents related to electrocardiogram (ECG) technology. AliveCor asserted that the Apple Watch (Series 6 and 7) infringes multiple AliveCor ECG patents and seeks to ban the watches from importation into the U.S.

Patent 98
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Decarbonizing grocery

McKinsey Operations

Here’s how the grocery sector can protect the planet and position itself for green growth.

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Financing the creativity in Indonesia

JD Supra Law

As part of the support given by the Government of Indonesia (the Government) for creative economy actors as mandated under Law No. 24 of 2019 on Creative Economy, the Government has issued Government Regulation No. 24 of 2022 on Creative Economy, which will come into force in 2023.

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Brand Battles: Kellogg's Gets Salty Over 'Kravy' Snack TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Kellogg's is trying to stop a snack maker from registering the word "Kravy" as a trademark, citing its own Krave brand of cereal — plus three other cases you need to know about.

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Strategic Considerations for ITC Investigations Given USPTO’s New Guidance on IPR/PGR Discretionary Denial

JD Supra Law

Under the USPTO’s new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC or Commission) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which has previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding.

Patent 97
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Hailey Bieber Can Keep Promoting Rhode Skin Care, For Now

IP Law 360

Hailey Bieber can keep promoting her new beauty brand Rhode for the time being, a New York federal judge ruled Friday, denying a preliminary injunction brought by a fashion brand of the same name that claims the model is infringing its trademarks.

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Coca-Cola - “Thums Down” on Evidence of Damages in Misrepresentation of Source in Cancellation Proceeding with Unresolved Territoriality Tension

JD Supra Law

We reported here last summer the outcome of Coca-Cola Company’s petitions to cancel the registrations for the above-captioned marks owned by Meenaxi Enterprise, Inc. Meenaxi appealed the TTAB’s decision to cancel the registrations to the U.S. Court of Appeals for the Federal Circuit. The basis for the appeal was that Coca-Cola did not establish a statutory cause of action based on lost sales or reputational injury as required under Section 14(3) of the Trademark Act.

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DC Circ. Says Agencies Must Allow Comments Before Rule Ax

IP Law 360

A divided D.C. Circuit panel on Friday ruled agencies cannot simply withdraw a new rule, even if it has not yet been published in the Federal Register, once that rule has been subject to public inspection.

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ClearOne, Inc. v. Shure Acquisition Holdings, Inc. (Fed. Cir. 2022)

JD Supra Law

Self-similarity is a characteristic found in many physical, natural, and human-made systems. In short, it describes a class of structures or behaviors that are at least partially-invariant to time or scale. Thus, these structures or behaviors appear similar in various mathematical ways whether viewed in small or large samples.

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Uber Looks To Drive Away From 'Sham' Co.'s $250B TM Suit

IP Law 360

Uber Technologies Inc. asked a California federal judge Thursday to dismiss a $250 billion suit accusing the ride-hailing giant of trademark infringement, saying there's no likelihood of confusion between plaintiff UberRE's "sham" travel accommodation and real estate business and Uber's offering of travel services under the "Uber" mark.

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[Video] Podcast: The Briefing by the IP Law Blog - What Makes a Character Protectable Under Copyright

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”.

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

IP Law 360

This week in London has seen England football player Raheem Sterling given the red card by his former agent in a commercial contracts claim, the Algerian Space Agency preparing for liftoff in a dispute with British aerospace company Wisscom, and the EU hound Syria for unpaid commercial loans. Here, Law360 looks at these and other new claims in the U.K.

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Analysis of Patent Applications for Novel Coronavirus Detection Kits

JD Supra Law

The rapid spread of the novel coronavirus (officially known as “SARS-CoV-2” and hereinafter referred to as “NC” for short) led to the COVID-19 pandemic. All countries around the world are fighting against the disease. In this fight, detecting the virus accurately and rapidly is one of the important means to preventing its spread.

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Voices of CEO excellence: Morgan Stanley’s James Gorman

McKinsey Operations

The chair and CEO of the financial services giant explains how he reshaped the firm in the wake of the financial crisis.

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Domestic Patent Reference Entitled to Foreign Priority Date

JD Supra Law

On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS’s (“AutoStore’s”) U.S. Patent No. 10,294,025 (“the ’025 patent”), while finding another claim not patentable. See Ocado Group PLC v. AutoStore Technology AS, IPR 2021-00274. In its Final Written Decision, the PTAB determined that a U.S. patent cited by Petitioner Ocado Group PLC (“Ocado”) was prior art because it was entitled to a priority date.

Patent 97
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Chinese Patent Litigation: Leveraging Specialized IP Courts

LexBlog IP

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. In China, when multiple courts would have jurisdiction over a plaintiff’s case, a patent owner can choose which court will try their case. Also known as forum selection or forum shopping, patent owners must consider which court to select to hear their case when patent infringement arises.

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Patent Case Summaries - July 2022 #1

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 96
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What Makes a Character Protectable Under Copyright

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.” Watch this episode on JD Supra here. Listen to the podcast version of this episode on your favorite platform or online here.

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Silence Doesn’t Support Negative Claim Limitations

JD Supra Law

Federal Circuit Ruling- On June 21, 2022, the Federal Circuit ruled in generic drugmakers’ favor against Novartis Pharmaceuticals Corp., finding a patent invalid under Section 112 for lack of written description because a claim’s negative limitation was not disclosed in the patent.

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USPTO Updates Trademark Manual of Examining Procedure

LexBlog IP

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO. This Manual, called the Trademark Manual of Examining Procedure (“TMEP”) is frequently updated to ensure it remains current with the ever changing landscape of trademark law.

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[Video] The Briefing by the IP Law Blog: What Makes a Character Protectable Under Copyright

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”.

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Faegre Drinker Loses Partner To Banner Witcoff

IP Law 360

A former partner at Faegre Drinker is leaving the firm after over a decade, finding higher billing rates and fewer conflicts of interest in the life sciences practice at Banner Witcoff Ltd.

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What Makes a Character Protectable Under Copyright

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”. Watch this episode on JD Supra here. Listen to the podcast version of this episode on your favorite platform or online here.