Sat.Oct 09, 2021 - Fri.Oct 15, 2021

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Do News Publishers “Own” the News? (And Should They be Compensated when Others use News Content they Publish?)?

Hugh Stephens Blog

The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late. It has arisen because of the near financial collapse of much of the print media, particularly newspapers and news … Continue reading "Do News Publishers “Own” the News?

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The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei. As part of that rise to stardom, Haigh published a book in the summer of 2021 entitled Makan.

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Google Opposes ‘Sweeping’ Popcorn Time Piracy Blocking Request

TorrentFreak

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

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Key Trademark Search Terms

Erik K Pelton

Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth. Erik clarifies the various trademark search types in this episode. The post Key Trademark Search Terms appeared first on Erik M Pelton & Associates, PLLC. Before searching to clear a trademark, brand owners ought to know about the difference types of searches available as well as their depth and breadth.

Trademark 113
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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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What’s in the Box? Counterfeits and Online Marketplaces

The Illusion of More

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon. In a co-authored editorial in Roll Call, the senators state: It is well documented that third parties are selling massive amounts of counterfeit, stolen and […].

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Attorney fees awarded since patentee knew it had a losing case.

Patently-O

by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. . Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed. Cir. 2021 ).

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India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions

IP Watchdog

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules. The amendment now includes a new category, “eligible educational institutions,” which qualifies for the same reduced fees as natural persons, startups, and small entities.

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Transactions in the Age of Artificial Intelligence: Risks and Considerations

JD Supra Law

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010. The COVID pandemic interrupted this trajectory, causing acquisitions to fall from 242 in 2019 to 159 in 2020.

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Announcing A Major Virtual Event, “Lessons from the First Internet Ages,” on Nov. 2-3, 2021

Technology & Marketing Law Blog

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled a remarkable collection of essays and a conference to explore them fully. The essays: we collected over a dozen submissions from some leading figures in Internet history and online communities.

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Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed

TorrentFreak

Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers. While cyberlockers have plenty of legal uses, copyright holders viewed most of these services as pirate portals.

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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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This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program

IP Watchdog

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C., the Center for Data Innovation explores data driven approaches in addressing e-commerce counterfeits, The Brookings Institution hosts a conversation with Susteon’s Shantanu Agarwal on the challenges of carbon removal tech, and the U.S.

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International Webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ [October 18]

SpicyIP

We’re pleased to inform you that the Centre for Health Law and Policy (CHLP), the Centre for Human Rights (CHR) and the Centre for Intellectual Property Rights (CIPR) under the aegis of the National University of Advanced Legal Studies (NUALS), in collaboration with the Prof. N R Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols (ICREP), CUSAT and the Kerala State Higher Education Council are conducting an international webinar on ‘Vaccines and Immunization: Et

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Eleventh Circuit Rejects “Material Support for Terrorists” Case–Colon v. Twitter

Technology & Marketing Law Blog

This is one of the many lawsuits against social media services for allegedly providing material support to terrorists. These cases have all failed–with the partial exception of the Ninth Circuit meltdown (3 judges; 3 opinions) in Gonzalez v. Google LLC , 2021 WL 2546675 (9th Cir. June 22, 2021), which I never had the chance to blog because it’s 167 pages and the panel was so deeply split that the whole decision clearly needs en banc review.

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Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free

TorrentFreak

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of. While Adobe has indeed stopped shipping new global versions of Flash, the technology is still supported in two markets – Enterprise and China via Flash.cn – a site managed by Zhong Cheng Network, the only authorized distributor of

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CAFC Shoots Down Due Process Challenges to PTAB Structure

IP Watchdog

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal Circuit today ruled that the structure of the PTAB does not violate due process rights under the U.S. Constitution. While the PTAB’s ruling was ultimately remanded to the USPTO Director for review under Arthrex v.

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Never Too Late: if you missed the IPKat last week

The IPKat

This Kat is feeling pensive With a cold snap incoming and a change in the air, why not look back on last week's IPKat? Copyright Following on from the Digital Culture Media and Sport Committee's UK Economics of Music Streaming Inquiry, Hayleigh Bosher reported on the UK Government's responses to the Committee's Recommendations. Trade marks GuestKat Nedim Malovic considered the implications of trade mark classification through the lens of the background to a dispute over Veuve Clicquot's orange:

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TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

This is a scraping lawsuit brought by Southwest airlines against Kiwi.com. The court issues an injunction restricting Kiwi from scraping Southwest’s website. Southwest does not allow online travel agencies to sell Southwest flights without the approval of Southwest. Its terms of use prohibit attempts to “page scrape” flight data for any commercial purpose.

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‘Copyright Troll’ Boss Faces Arrest Over Failed Payments in Piracy Case

TorrentFreak

In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements. Accused Subscriber Fight Back. Most Internet subscribers who’re accused of piracy don’t put up a fight but occasionally one does.

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The Photography Show: your questions answered

Intellectual Property Office Blog

The IPO Business Engagement team frequently attends trade shows and business events across the UK to support sectors and advise on different aspects of intellectual property. IPO Digital Communications Officer, Oliver Downey, recently attended The Photography Show at the NEC Birmingham alongside the team, where copyright was centre stage. It was remarkable to see the incredible new technology on display and how intellectual property was being used to protect inventions and works.

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Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding for Award of Attorneys’ Fees

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality under 35 U.S.C. § 285 in favor of Energy Heating et. al., thus upholding an award of attorneys’ fees based on inequitable conduct. The opinion was authored by Judge Prost. The case stems from a 2018 CAFC ruling in which the court upheld a district court’s finding that Heat-On-the-Fly’s (HOTF’s) U.S.

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The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory On Sanctions Regarding Ransomware Payments

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on October 13, 2021. Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020.

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GitHub Pulls Site and Repo of Pirate Proxy Service ‘Unblockit’ Offline

TorrentFreak

With 40 million users and over 100 million code repositories, GitHub is the largest online developer platform of its kind. The site is used by individual coders and large organizations to host virtually any piece of code imaginable. In addition, GitHub pages can also be used as a hosting service for websites. GitHub Removes Unblockit Repo. The vast majority of GitHub’s users showcase their work without issues, but not everything is allowed.

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All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. It is a crucial choice to opt for the filing of a provisional patent application or not since a provisional patent application is optional while a complete specification filing is mandatory.

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Strategic Legal Algorithms Against Public Participation: YouTube Disables Newslaundry’s Account Following Copyright Claims from Aaj Tak

SpicyIP

Quite a Newsance to Indian Media; Image from Newslaundry. In a new low for Indian media, Aaj Tak (owned by the media conglomerate Living Media) has allegedly taken to using copyright claims to prevent criticism of its reportage by media watchdog Newslaundry. On October 8, Newslaundry staff revealed that its YouTube operations had been stalled pending an enquiry into 53 separate copyright notices received by YouTube from Aaj Tak.

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GSK v. Teva - No Safe Harbor for Skinny Labels

JD Supra Law

Generic pharma and companies interested in new uses for old drugs alike include skinny labels – labels which do not recite uses for the drug that remain covered by a competitor’s patent – as part of their intellectual property strategy. However, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., 7 F.4th 1320 (Fed. Cir. 2021), the Federal Circuit provided a stern reminder that a skinny label is not a talisman that wards off liability if the conduct of the accused infringer supports a.

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High Traffic Pirate Sites Worldwide Under Investigation, DMCA Subpoenas Reveal

TorrentFreak

When torrent sites were gaining significant traction in the mid 2000s, discovering information about their infrastructure and even their operators could be a simple affair. Even if domain WHOIS information was secured with an anonymity service, basic searches often revealed where sites were hosted, meaning that platforms could be put under immediate pressure, when the legal environment allowed.

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Happy 13th Birthday IP Osgoode!

IPilogue

Ashley Moniz is the Managing Editor of the IPilogue and the Assistant Director of IP Osgoode. . On October 15, 2008, at the Four Seasons Hotel in Toronto, IP Osgoode was officially launched. Known as Osgoode Hall Law School’s Intellectual Property Law and Technology Program, Prof. Pina D’Agostino set out to create a program that would lead IP law discourse, foster a vibrant community whose members are welcome to share broad perspectives, and diversify the IP innovation ecosystem.

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Many ways to skin a cat: BlindSA obtains a court declaration on the unconstitutionality of the South African Copyright Act

The IPKat

As IPKat readers may know, the legislative process to amend South Africa's current Copyright Act has been a long continuing one with BlindSA amongst others, at its forefront. Indeed as this Kat has reported on this blog ( here ), the process of addressing the South African President's reservations regarding the Copyright Amendment Bill (CAB) just kicked off in May 2021 (11 months after the President had sent his reservations in a letter to Parliament).

Copyright 102
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Federal Circuit Narrows Scope of Prior Art Available for Design Patents

JD Supra Law

The US Court of Appeals for the Federal Circuit’s recent decision on an appeal from the Patent Trial and Appeal Board to limit prior art for design patent applications to only analogous fields may make it easier for applicants to obtain design patents and more difficult for challengers to invalidate them.

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Police Hit ‘Criminal Network’ Behind Pirate IPTV Service & Investigate Customers

TorrentFreak

With individuals and groups getting involved in the pirate IPTV market on a continuous basis, it may seem that stopping the illegal distribution of live TV channels, movies and TV shows is an impossible task doomed to failure. That may be the case, but copyright holders and broadcasters are certainly willing to try. Shutdowns, domain seizures, and other enforcement actions are reported almost every week, including civil lawsuits and criminal prosecutions in the US, EU and beyond.

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JP Morgan Donates Patents to Low Carbon Pledge; Joins Microsoft, HP and Facebook

IP Close Up

The Low Carbon Patent Pledge announced last week that JPMorgan Chase is helping combat climate change by making key patents freely available to anyone using Continue reading.

Patent 102
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Jury Clears Oculus Founder, Facebook Unit Of IP Theft

IP Law 360

A California federal jury on Wednesday cleared Oculus VR's founder and a Facebook subsidiary on allegations that the billionaire lied about his progress on virtual reality headset designs that Total Recall Technologies contracted him to create and then sold them to Facebook for $2 billion.

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Southern District of New York: Digital Mapping Patent Fails Under Section 101

JD Supra Law

Disclosure: Holland & Knight LLP, including the authors of this blog post, represents Polar Electro in the litigation described below. In the case of Jewel Pathway LLC v. Polar Electro Inc., No. 20 CIV. 4108 (ER), 2021 WL 3621885, (S.D.N.Y. Aug. 16, 2021), Jewel Pathway LLC (Jewel) sued Polar Electro asserting U.S. Patent No. 8,818,711 ('711 Patent), which was entitled to 3D Path Analysis for Environmental Modeling.

Patent 103
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Hollywood and Publisher Injunctions Lead to New UK ISP Piracy Blocks

TorrentFreak

For more than a decade, copyright holders have been able to file an application for High Court injunctions that compel Internet service providers to block infringing sites in the UK. Early targets for the movie and music industries were leading platforms such as the infamous Pirate Bay but, over time, the scale of the task has expanded to include hundreds, perhaps thousands of domains.

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Introducing a New Objective Way to Track and Measure Sustainable Innovation

SpicyIP

We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals. They are also holding a webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ on October 19, 2021, the details of which can be viewed below.