Fri.Oct 14, 2022

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State vs. Federal Trademark Registration

Erik K Pelton

The following is an edited transcript of my video State vs. Federal Trademark Registration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories. But there are instances where state trademark protection does come up.

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BREAKING: EPO to abolish the 10 day rule

The IPKat

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

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Federal Court of Justice: Pirate Site Blocking Must Be a Tool of Last Resort

TorrentFreak

Sci-Hub and Libgen have developed a reputation for breaking down digital walls as part of their quest to grant universal access to scientific papers, research, and knowledge. This mission objective receives considerable support from both academics and students. In stark contrast, major publishing companies own the rights to millions of papers being offered by Sci-Hub and Libgen for free, something that undermines their premium business model.

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Rudy finally gets his Whale

Patently-O

Christopher Rudy filed his fishing hook patent application back in 1988 with a file-wrapper-continuation in 1989. At the time he was already a patent attorney and so worked his own case. But, the USPTO offered some resistance. The BPAI/PTAB issued three different opinions on record, and the Federal Circuit also issued a 2020 decision holding that some of the claims were directed to the unpatentable abstract of “selecting a fishing hook based upon observed water conditions.” In re

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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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Piracy Lawsuit Front Company Tries to Shut Down, Accounts Overdue

TorrentFreak

Copyright Management Services Ltd (CMS) was incorporated in the United Kingdom in October 2014. Its founding director was Patrick Achache, who later rose to fame as the boss of Germany-based BitTorrent tracking company, MaverickEye. Both companies operated as parts of Guardaley, the international lawsuit factory that to date has targeted scores of thousands of alleged BitTorrent pirates in the United States, UK, Sweden , Denmark , Norway, Finland and Brazil , among others.

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The overlooked contributions and hidden challenges of Asian Americans

McKinsey Operations

Asian Americans play a key role in creating a more sustainable and inclusive economy. A new report explores the challenges this group faces and how companies can better support them.

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Building greater resilience in vaccine manufacturing

McKinsey Operations

The COVID-19 pandemic has highlighted the need for resilience in vaccine manufacturing. Five considerations can help national public-health leaders plan.

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Strong trademark jumps the language barrier; foreign-language mark refused in Canada

JD Supra Law

Unlike in the United States, brand names in foreign languages are not automatically protected in Canada. No “doctrine of foreign equivalents” exists to expand a brand owner’s monopoly across linguistic lines. This leaves even famous marks vulnerable to poaching, with translations of well-known brands like KRAZY GLUE swiped from owners in the past.

Branding 104
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Charting a path for Vietnam to achieve its net-zero goals

McKinsey Operations

By harnessing opportunities across sectors—particularly in power—Vietnam could potentially accelerate decarbonization to achieve net-zero emissions by 2050.

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Section 301 Update: USTR Seeks Public Comment on the Efficacy of Section 301 Tariffs

JD Supra Law

???????In 2017, the Office of the United States Trade Representative (USTR) launched an investigation into the Government of China's acts, policies, and practices related to "technology transfer, intellectual property, and innovation," pursuant to its authority under Section 301 of the Trade Act of 1974, as amended.

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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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Author Talks: Dismantling double standards in business with CNBC’s Julia Boorstin

McKinsey Operations

Julia Boorstin, creator of CNBC’s Disruptor 50 franchise, shares the lessons she’s learned on adaptability and decision making from some of the world’s top female CEOs.

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Did Moderna Sink its Own Ship by Making A “Patent Pledge”?

JD Supra Law

Moderna famously pioneered a successful mRNA COVID-19 vaccine in 2020 while the U.S. and the world were in the throes of the COVID pandemic. Moderna’s vaccine was built on mRNA technology that it had patented via applications filed in 2018 and 2020.

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CHIPS for America Seeks Public Input on Financial Incentives, New Institutes for Semiconductor Manufacturing

U.S. Department of Commerce

CHIPS for America Seeks Public Input on Financial Incentives, New Institutes for Semiconductor Manufacturing. October 14, 2022. KCPullen@doc.gov. Fri, 10/14/2022 - 09:00. ICT Supply Chain. Manufacturing. The following is a cross-post from the National Institute of Standards and Technology (NIST). The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) CHIPS for America initiative is seeking public input on two programs that aim to restore U.S. global leadership in

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ITC Exclusion of DOWNSTREAM Products: What Remains of EPROMS?

JD Supra Law

The U.S. International Trade Commission (“ITC” or “Commission”) has the authority to issue exclusion orders barring the importation of articles that infringe U.S. intellectual property rights. The default remedy is a limited exclusion order (“LEO”) directed to the infringing imported articles of named respondents.

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Justices Urged To Ax 'Tortured' 9th Circ. 'Toy Story 3' Ruling

IP Law 360

Stuffed-animal manufacturer Diece-Lisa Industries told the U.S. Supreme Court that the degree to which the Ninth Circuit has broadened trademark infringement immunity has "gone too far," urging the justices not to let Disney off the hook for infringing its Lots of Hugs trademark with a "Toy Story 3" character.

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Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos

JD Supra Law

A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. In this author’s personal opinion, the District Court got it all wrong.

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Will the supply–demand mismatch persist for automotive semiconductors?

McKinsey Operations

Automotive OEMs can’t get enough chips for their vehicles. All signs point to a continued mismatch between supply and demand unless industry stakeholders act now.

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

IP Law 360

The past week in London has seen Puma kick off in a running shoe trademark dispute against Brooks Sports, litigation funder Henderson & Jones file a professional negligence claim against law firm Freeths, and London’s ExCel center bring legal action against seven insurers. Here, Law360 looks at these and other new claims in the U.K.

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Decarbonization: The new frontier for investment and innovation

McKinsey Operations

Tackling Asia’s net-zero agenda can create a disruptive and collaborative shift in investment and innovation.

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Alex Jones' Billion-Dollar Penance, Puerto Rico Prunes Debt

IP Law 360

Conspiracy theorist Alex Jones' podcast company is headed toward Chapter 11 mediation after a $965 million defamation damages judgment, Puerto Rico takes another step in restructuring the island's public debt, and the U.S. Supreme Court remanded issues over an increase in trustee fees to the Second Circuit. This is the week in bankruptcy.

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U.S. Trademark Applications Hit the Fast Track - At Least in Theory

JD Supra Law

???????The United States Patent and Trademark Office (USPTO) recently enacted a rule change that will impact all trademark applications filed nationally in the United States (rather than through the Madrid Protocol). Effective December 3, 2022, trademark applicants will now have three months (instead of the current six months) to respond to an office action.

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Luka Doncic's Mom Says She Holds TM To Baller's Name

IP Law 360

The same year Dallas Mavericks basketball star Luka Doncic was named the NBA's Rookie of the Year, he agreed to let his mom register his lucrative name as a trademark, her lawyer told the Trademark Trial and Appeal Board in response to the baller's legal effort to revoke one of those marks.

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Other Barks & Bites for Friday, October 14: Russian Oil Patents Unenforceable in the Netherlands, FTC and DOJ Hold Digital Competition Policy Dialogues with EU and G7, and EUIPO-EPO Report Shows IP-Intensive Industries Support 82 Million EU Jobs

IP Watchdog

This week in Other Barks & Bites: the Third Circuit affirms a partial denial of preliminary injunctive relief in a trade secret case involving processors for cremation equipment; Netherlands’ patent office announces that oil and gas patents held by major Russian energy firms are unenforceable in that country; the Federal Circuit finds that patent claims covering methods of digital recording physical activity survive Alice/Mayo at step two on the pleadings over a dissent from Judge Hughes; a

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High Court Could Resolve Thorny Atty-Client Privilege Issue

IP Law 360

The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

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Energy & Sustainability IP Updates — October 2022

JD Supra Law

In U.S. patent news, the National Renewable Energy Laboratory recently earned a patent —U.S. Patent No. 11,401,910, entitled “Flexible Wave Energy Converter” — directed to using tiny electrical generators via dynamic strain (e.g., flexing, stretching, twisting, distension) movements to convert wave energy to electrical energy. The converters use flexible electric generators embedded throughout a flexible body.

IP 58
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Blood Analyzer Patent Suit Settles Ahead Of Trial

IP Law 360

Two companies that make rival blood sample analyzers have reached an agreement that will end a patent infringement suit that was scheduled for a jury trial on Nov. 1, the companies told a Delaware federal court Friday.

Patent 52
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Director Reviews Institution Decision Involving Interference Estoppel

JD Supra Law

In Zynga Inc. v. IGT, IPR2022-00199, the USPTO Director, Kathi Vidal, sua sponte granted review and affirmed the decision instituting trial over patent owner’s argument that the Board erred in its application of interference estoppel with regard to U.S. Pat. No. 7,168,099 related to secure communications for networked video game software.

Patent 55
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The Briefing by the IP Law Blog – Titania v. She-Hulk: Trademark Infringement in the Marvel Universe

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show. Listen to this podcast episode here.

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The Inflation Reduction Act's EV Tax Credits: Supply Chain Challenges and Bridge Solutions Under US Trade Rules

JD Supra Law

Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most anticipated benefits. The direct benefits appear to be slow in emerging.

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The Briefing by the IP Law Blog – Titania v. She-Hulk: Trademark Infringement in the Marvel Universe

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show. Listen to this podcast episode here.

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[Video] The Briefing by the IP Law Blog - Titania v. She-Hulk: Trademark Infringement in the Marvel Universe

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a recent episode of Marvel's "She-Hulk: Attorney at Law" and the accuracy of a trademark infringement case featured on the show.

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Prenatal Tech Co. Says Fitch Even Patent Error Cost It Millions

IP Law 360

Chicago-based IP firm Fitch Even Tabin & Flannery LLP is facing accusations of malpractice by a manufacturer who says the firm made a "critical mistake" by listing patents for its novel prenatal care technology to an employee who has since left the company and used the same IP to create a competing business, costing the company millions.

Patent 52
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Top Six Publishers Hold Their Positions In Global 50 Ranking

Velocity of Content

Publishers Weekly has unveiled the annual report, Global 50: The Ranking of the Publishing Industry 2022. The RELX Group remained the world’s largest book publisher in 2021. Total sales for the STM and legal giant fell in 2021 about 3% from 2020 levels, though RELX held onto a substantial lead over second-place publisher Thomson Reuters, notes Andrew Albanese , Publishers Weekly senior writer.

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6 Months Of Vidal Prove She's Not Playing Around At USPTO

IP Law 360

Kathi Vidal just marked her six-month anniversary as director of the U.S. Patent and Trademark Office, but attorneys say the steady stream of guidance, opinions and rulemaking issued during that time has put her on the path to have an unrivaled impact on the patent system, whether they agree with her choices or not.

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Amgen Releases 2022 Biosimilar Trends Report

LexBlog IP

On October 12, 2022, Amgen released its 2022 Biosimilar Trends Report. Since we posted on Amgen’s report preview in July, the total number of biosimilars that have been approved in the United States has increased from 36 to 39 (with the approval of Coherus’s CIMERLI (ranibizumab-eqrn) in August and Fresenius Kabi’s STIMUFEND (pegfilgrastim-fpgk) and Celltrion’s VEGZELMA (bevacizumab-adcd) in September).