Sat.Dec 24, 2022 - Fri.Dec 30, 2022

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The Year in Copyright: 2022 Gives Creators Hope for the Future

IP Watchdog

The Constitution empowers Congress to enact federal copyright laws because the Founders recognized that the best way to advance the public interest is by enabling creators to pursue their own private interests.

Copyright 111
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‘House of the Dragon’ Is The Most Pirated TV-Show of 2022

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end in 2019 after the series ended.

Reporting 104
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exciting DMCA times on my side blog

43(B)log

I received a DMCA notice for my wooden puzzle blog! It was a review of Unidragon's Alluring Fox (332 pieces).

Blogging 104
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Monopolizing the Hipster? – Test of Design Infringement by the Delhi High Court

SpicyIP

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. Akshat is an LLM student at Berkeley Law specialising in IP policy.

Designs 92
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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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Key U.S. Supreme Court Developments in 2022 and Outlook for 2023

IP Watchdog

It’s that time again. As 2022 has come and (almost) gone, it’s time to look back at the exciting grants and surprising denials of certiorari petitions involving patent and trademark matters by the Supreme Court of the United States, and what to look forward to from the Court in 2023.

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Where Are the Pirated Movie Screeners This Year?

TorrentFreak

Screeners are advance copies of recent movies that are generally sent out to critics and awards voters for review. These copies have regularly ended up in the hands of pirates after which they’re widely circulated online.

Copying 99

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Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

JD Supra Law

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. By: Weintraub Tobin

Law 87
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Claim Drafting Issues for Biotech, Chemical and Pharma Patent Applications, Part II: From Indefiniteness to Negative Claim Limitations, Know Best Practices

IP Watchdog

In our previous blog post, we covered claim construction, Markush Groups, and dependent claim invalidation.

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Russian Cinemas Get Help to Bypass Sanctions to Screen “Avatar: The Way of Water”

TorrentFreak

With its invasion of Ukraine, Russia ignited a regional conflict with global repercussions. Thousands of lives have been lost and many more ruined. In response, many U.S. entertainment industry companies took a stand by ceasing their Russian operations.

Cinema 94
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IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System

SpicyIP

CDSCO Vision – To Protect and Promote Public Health in India. Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2)

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Blockbuster Biologics Review | Issue 18

JD Supra Law

Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 40 biosimilars have been approved, 22 of which have launched.

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Righthaven – Media Bloggers Association files amicus brief

Likelihood of Confusion

I’ve written a little bit about the Righthaven lawsuits before. Now, as reported in the Las Vegas Sun, on behalf of the Media Bloggers Association I’ve helped write something that.

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ACE Expands to Become a Lean and Mean Anti-Piracy Machine

TorrentFreak

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition.

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Semantic Search vs. Keyword Search

Velocity of Content

Ever tried searching for medical papers using a standard search engine? Happy with results you get? Probably not. There are serious limitations to using keyword search in the pharmaceutical industry. Imagine you were looking for papers featuring the enzyme type ‘GSK’.

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New PMPRB Guidelines will not be implemented January 1, 2023

JD Supra Law

The Patented Medicine Prices Review Board (PMPRB) has advised that the new Guidelines will not be implemented on January 1, 2023, and that the Interim Guidance issued by the Board on August 18, 2022 will remain in place until further notice.

Patent 83
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Zediva: The world’s longest extension cord

Likelihood of Confusion

The AP reports that a small California (of course) company thinks it has a brilliant idea, a way to out-Netflix Netflix: Zediva Inc. is going to make available for viewing. The post Zediva: The world’s longest extension cord appeared first on LIKELIHOOD OF CONFUSION™.

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Pirate Movie Cammers Plagued UK Cinemas After COVID Shut Them Down

TorrentFreak

When movies are recorded directly from cinema screens, the resulting pirate copy is known as a ‘cam’, regardless of the device used – camcorder or otherwise.

Cinema 90
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In 2022 the IP CloseUp Blog Surpassed 250,000 Visits; 360,000 Page Views

IP Close Up

2022 was a breakthrough year for IP CloseUp, a leading independent blog that follows intellectual property developments, trends and people. The no-fee publication has generated Continue reading.

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Haug Partners Successfully Defends Takeda’s Vyvanse® Patents At Trial Against Generic Challenge

JD Supra Law

On December 27, 2022, Haug Partners LLP and Gibbons PC obtained a key victory as to all counts for its client, plaintiffs Takeda Pharmaceutical Co. and Takeda Pharmaceuticals U.S.A., defeating a generic challenge by Norwich Pharmaceuticals Inc.

Law 82
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IP creep by the IP creeps

Likelihood of Confusion

The record industry moves in yet another way toward getting the law to treat your music purchase as a music license (via BoingBoing), writes Ken Fisher: New “pawn shop” laws. The post IP creep by the IP creeps appeared first on LIKELIHOOD OF CONFUSION™. IP Overreaching

Music 80
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Analysis of U.S. Pirate Site Domain Seizures During FIFA World Cup 2022

TorrentFreak

After gathering data and in the absence of announcements by U.S. law enforcement agencies, on December 10 TorrentFreak reported on a wave of domain seizures.

Privacy 84
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Can someone’s face be a trade mark?

The IPKat

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PTAB Redeclares Interference No. 106,132 and Suspends Priority Phase Proceedings

JD Supra Law

Patent 83
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SpicyIP Tidbit: Indian Patent Office Comes Up with Revisions Fixing Durations of Adjournments Among Other Things

SpicyIP

The pendency of oppositions and applications before the Indian Patent Office is an issue about which we have written extensively in the past (see here , here and here ).

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Australia Launches Copyright Enforcement Review & Consultation

TorrentFreak

Over the past five years the Australian Government has committed significant resources to several copyright-related initiatives , not least the Copyright Amendment (Online Infringement) Act 2018.

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Cyber Civil Rights Initiative Files Common Sense Brief in Major Section 230 Case

The Illusion of More

In my recent post about Gonzalez v. Google—the Section 230 case granted cert by the Supreme Court—I expressed the view that the word “recommendation” is too charming to describe the interaction between social media algorithms and many users’ experiences.

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Navigating Open Source Pitfalls in Transactions

JD Supra Law

With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source.

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Part II: Diagnostic method patents in India

SpicyIP

Part I provides factual context to the post below. Interpreting Section 3(i). Section 3 is the key section on “patent eligibility” and lists out what are not “inventions” under the Indian Patents Act.

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U.S. Marshals Will Sell Pirate IPTV Owner’s House, ‘Only’ $99m Still to Pay

TorrentFreak

Some players in the pirate IPTV market view subscription sales as little more than a side hustle, one that brings in a few dollars here, and a few dollars there. No big deal. That may well be the case but elsewhere in the chain, people are making serious money.

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What I’ll Be Watching in 2023

The Illusion of More

T’is the week for year-in-review and/or looking-ahead articles. In that spirit, I recommend posts by Devlin Hartline, Hugh Stephens, and Aaron Moss. And here’s my list with commentary for your consideration: AWF v.

Law 75
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Federal Court of Appeal dismisses appeal challenging amended basket of comparator countries in PMPRB Regulations

JD Supra Law

On December 5, 2022, the Federal Court of Appeal (FCA) dismissed Innovative Medicines Canada (IMC) and sixteen innovative pharmaceutical companies’ appeal regarding the validity of the amended basket of comparator countries in the Patented Medicines Regulations: Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 (Appeal Decision).

Patent 82
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Companies versus their fans

Likelihood of Confusion

Walter Olson: The famous maker of candies and candy-dispensers is suing the owners of the Burlingame Museum of Pez Memorabilia in Northern California, claiming that its venture into Pez homage, The post Companies versus their fans appeared first on LIKELIHOOD OF CONFUSION™.

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SpicyIP Weekly Review (December 20- December 26)

SpicyIP

Happy holidays to all our readers! After another eventful week on the blog, we are here with our weekly reviews summarizing the 5 posts covered on the blog along with 19 case summaries and other national and international IP developments. Highlights of the Week.

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The 5 Worst Copyright Decisions of 2022

Copyright Lately

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. Global conflicts, surging inflation and a lingering pandemic have made for another pretty awful year.

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Federal Court rejects pre-trial determination of a question of law about the nature of the section 8 but-for world

JD Supra Law

As previously reported, the Federal Court found Janssen’s Canadian Patent No.

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The Legal Governance Of Non-Fungible Tokens- Analysing Which Field Of Law Should Govern Nfts

IP and Legal Filings

Until very recently, collectible one-of-a-kind goods were tangible and constrained to physical spaces. What gives any collectible item its value are the features of scarcity and uniqueness.