Sat.Jan 08, 2022 - Fri.Jan 14, 2022

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Will the Content Tail Wag the Wireless Dog? The Rogers/Shaw Merger in Canada?

Hugh Stephens Blog

Nowadays it is not uncommon for major telecommunications companies (telcos) to provide infrastructure in the form of wireless, wireline and fibre optic, cable and satellite connectivity while also directly controlling some of the content distributed via this infrastructure. Think AT&T/Warner Media, NBC Comcast, Sky (owned by Comcast) and, in Canada, Bell Canada and Rogers Communications. … Continue reading "Will the Content Tail Wag the Wireless Dog?

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The Canon Printer DRM Jam

Plagiarism Today

Recently, printer manufacturer Canon posted an article on their German tech support site that caught the eye of many in the tech industry. In it, they explain to users how to bypass their protection schemes and continue to print even if the cartridge placed in the printer isn’t an official one. The issue impacts a series of imageRUNNER printers and has been caused by the global chip shortage.

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EMP&A comments on USPTO’s transition to issue electronic trademark registration certificates

Erik K Pelton

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). Our firm submitted comments this week generally supportive of this change, and the environmental benefits, while raising some questions about the amount of savings for the USPTO that will result, and how those savings will be spent.

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In memoriam: William (Bill) Cornish (1937 - 2022)

The IPKat

The IPKat Team was extremely saddened to be informed of the passing of Professor William (Bill) Cornish. The co-founder of our blog, Professor Jeremy Phillips, remembers him as follows: In memoriam: William (Bill) Cornish (1937 - 2022) by Jeremy Phillips I first encountered Bill Cornish in 1974 when, as a raw intellectual property doctoral student, I travelled up from Canterbury to discuss my chosen topic and seek his advice.

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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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PrimeWire: Hollywood & Netflix Win Court Injunction to Disable Site Domains

TorrentFreak

While there are a handful of other contenders, PrimeWire is one of the most enduring pirate streaming portals on the internet today. In various forms, including under the 1channel branding , the site has been in operation for perhaps eight years. In common with many similar sites, PrimeWire has had its fair share of anti-piracy problems over the years.

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Ruth Shalit Barrett Sues The Atlantic for $1 Million Over Retraction

Plagiarism Today

On Friday of last week, Rush Shalit Barrett filed a lawsuit against The Atlantic , seeking some $1 million in damages after, she claims, a retraction of an article she wrote “destroyed her reputation and career.” The lawsuit comes more than a year after an article Barrett published in The Atlantic came under fire for alleged fabrications and factual errors.

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France to push design, GI, UPC, and safe harbours reform as president of the Council of the EU

The IPKat

On January 1, France took over the Presidency of the Council of the European Union. As the current president, France is responsible for the functioning of the Council of the EU. Among its responsibilities, France will determine the Council’s agenda in discussing the Commission’s draft acts and set priorities in EU policy-making. In that connection, France has recently published its programme for the Presidency [available here in English], which includes several actions on intellectual property.

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Google ‘Censors’ The Pirate Bay and Other Pirate Domains in Several Countries

TorrentFreak

Copyright holders have tried a variety of measures to curb copyright infringement over the years, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While these measures are not foolproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. This strategy has been rolled out in dozens of countries.

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Appeals Court Upholds Degree Revocation

Plagiarism Today

On December 2, 2021, the Colorado State Court of Appeals ruled in favor of the Regents of the University of Colorado and affirmed that they did not act improperly in revoking the degree of former student Casey Martin. Though seemingly a minor decision, the ruling puts to rest a 10-year dispute dealing with plagiarism, allegations of bias and an academic enforcement system that seems to have been ill-equipped to deal with this kind of case.

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Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

SpicyIP

Image of folder tag with text “confidential” Image from here. The Bombay High Court in Tarun Wadhwa v. Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background. The case, decided by a single-judge Bombay High Court bench, concerned an allegation by the plaintiff, Tarun Wadhwa, of copyright infringement and br

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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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SCOTUS, Vaccine Mandates and Patent Law: God Help Us

IP Watchdog

Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent.

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Subpoenas Targeted Over 35,000 Cloudflare Customer Domain Names in Six Months

TorrentFreak

Popular CDN and DDoS protection service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of sites. This includes multinationals, governments, but also some of the world’s leading pirate sites. Not all rightsholders are happy with the latter. Some have accused Cloudflare of facilitating copyright infringement by continuing to provide access to these platforms.

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3 Count: LEGO Jacket

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set.

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Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

SpicyIP

Dr VRR Ayyar’s book, “Present at Creation: The Making of Internet Treaties (1996)”, published in 2021. Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials!

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Top 10 Patent Cases: 1891 to 1951

Patently-O

by Dennis Crouch. Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed.

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Major Record Labels Sue Youtube-dl’s Hosting Provider

TorrentFreak

In October 2020, the RIAA caused outrage by taking down YouTube-ripping tool youtube-dl from GitHub. The RIAA cited the anti-circumvention provisions of the DMCA, claiming that the tool could be used to download their artists’ musical works from YouTube, in breach of copyright. With little supporting case law in the United States, the RIAA referenced a decision from the Hamburg Regional Court in a similar case, which found that YouTube’s “rolling cipher” should be considered an effective t

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3 Count: Predator Conclusion

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Krafton Sues Garena, Apple, and Google over Free Fire Copyright Infringement. First off today, Aaron Orr at Pocket Gamer reports that the developer of the battle royale game PUBG has filed a lawsuit against competitor Garena after alleging that Garena’s mobile game Free Fire is a copyright infringement of PUBG.

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Senate Judiciary Committee Sends Vidal and Stark Nominations to Senate Floor

IP Watchdog

Today, the full Senate Judiciary Committee officially voted to confirm the nomination of Katherine Vidal by a vote of 17-5 for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). The Committee also voted 16-6 in favor of Judge Leonard Stark, President Biden’s nominee to replace U.S.

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Supreme Court Patent Decisions

Patently-O

by Dennis Crouch. The chart below shows the number of Supreme Court patent decisions broken-up by decade. The ramp-up in the late 1800s is tied to the “second industrial revolution” in the US. The drop in cases after 1890 is largely procedural. Congress created the regional circuit courts of appeals as a buffer between the trial courts & Supreme Court.

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Twitch Streamers Deliberately Get Themselves Banned For Copyright Infringement

TorrentFreak

Twitch is best known for its video game live streaming but over time user behavior has taken the platform in new directions. Of course, variety is great for the community, especially when fresh ideas inspire creativity and push the boundaries to enable progress. But what happens when some of the platform’s most popular streamers jump onto a trend that most people know is likely to land both them and Twitch in hot water?

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3 Count: Less Invincible

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Invincible’ Animated Series Sparks Profits Suit Against Robert Kirkman. First off today, Winston Cho at The Hollywood Reporter Esquire reports that comic book creator William Crabtree has filed a lawsuit against fellow creator Robert Kirkman alleging that he was tricked into signing away his rights to the Invincible comic book series.

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INTA Weighs in at CJEU on EU Parallel Imports Case

IP Watchdog

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. (Case C-175/21 Harman International Industries, Inc. v. AB SA.) In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

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Federal Circuit Dataset & Stats: 2021 Update

Patently-O

By Jason Rantanen. Happy 2022! As I’ve done for the last few years, below I provide some statistics on what the Federal Circuit has been doing over the past year. These charts draw on the Federal Circuit Dataset Project , which contains information on all Federal Circuit decisions posted to the court’s website and and the court’s dockets.

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AimJunkies Returns Fire in Destiny 2 Copyright Lawsuit: ‘Cheating Isn’t Against the Law’

TorrentFreak

Over the past several years a wave of copyright infringement lawsuits have been filed against alleged cheaters or cheat makers. Several game companies including Take-Two Interactive and Epic Games , have taken cheaters to court. More recently, American video game developer Bungie joined in on the action. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

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4 AI Trends We’ll See in 2022

IP.com

AI is a rapidly changing technology with the potential to impact both business and everyday life. In 2022, AI will continue to advance. Algorithms will be based on larger data. The post 4 AI Trends We’ll See in 2022 appeared first on IP.com - IP Innovation and Analytics.

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Iancu and Kappos: TRIPS IP Waiver Proposal Will Kill More People Than It Saves

IP Watchdog

A webinar hosted on Tuesday, January 12, by The Federalist Society’s Regulatory Transparency Project featured former U.S. Patent and Trademark Office (USPTO) Directors Andrei Iancu and David Kappos, as well as Duke University Professor of Law and former USPTO Administrator of the Office of External Affairs Arti Rai, discussing the proposal to the World Trade Organization (WTO) to waive IP rights under the Trade-Related aspects of Intellectual Property Rights (TRIPS) Agreement for certain COVID-1

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Federal Circuit Review December 2021

JD Supra Law

Ranges for Interdependent and Interactive Components Can Be Tricky to Derive - In Modernatx, Inc. v. Arbutus Biopharma Corporation, Appeal No. 20-2329, the Federal Circuit held that a presumption of obviousness based on overlapping ranges requires showing that the overlapping range is actually taught by the prior art.

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GitHub Takes Down “Widevine Dump” Forks Following MPA Complaint

TorrentFreak

Little over two weeks ago we broke the news that a user, going by the name “Widevinedump”, had leaked a collection of movie ripping scripts on GitHub. These were high-profile leaks as Widevine is one of the leading content protection tools in the video business. The Google-owned technology is used by many of the largest streaming services including Amazon, Netflix and Disney+.

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Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices

SpicyIP

Green-coloured signboard with text “rejection just ahead” Image from here. We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which c

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Federal Circuit Will Soon Hear Case that Threatens the Statutory Presumption Afforded Copyright Registration

IP Watchdog

On January 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) will hear oral argument in SAS Institute, Inc. v. World Programming, Ltd., a copyright infringement suit with far-reaching consequences for American creativity. SAS is a North Carolina-based software company, well known for its highly successful analytics software. World Programming, Ltd (WPL) is a British software company that, by its own admission, set out to “clone” SAS’s creative and popular software.

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What exactly do you get when you buy an NFT? The Case of the Apes.

JD Supra Law

2021 saw a surge in NFT trades, with sales volume reportedly reaching a whopping $23 billion. Many have jumped on the bandwagon to collect NFTs often at unthinkable prices, but what exactly do you get for what you pay?

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Cox Challenges $1 Billion Piracy Verdict Over ‘Lies’ and ‘Serious Misconduct’

TorrentFreak

Three years ago, Internet provider Cox Communications lost its legal battle against a group of major record labels. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages. This landmark ruling is currently under appeal but Cox also discovered new information that could turn the initial verdict on its head.

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Would You Fall for the Anti-SOPA Campaign Today?

The Illusion of More

“The more desperate one is to get attention, rather than to accurately communicate what one believes a problem is, the more one ventures into the realm of sensationalist propaganda.” That observation was not written about anyone promoting the Stop the Steal narrative that led to the insurrection on January 6, 2020. No, that’s Chris Ruen, […]. The post Would You Fall for the Anti-SOPA Campaign Today?

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Patent Licensing is a Risky Business: Let the Market Strike the Balance

IP Watchdog

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention. Similarly, a car manufacturer can simply rely on communication technologies developed by telecom experts outside the automotive ecosystem to guarantee connectivity to its flee

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Not Backing Down Now – Multiple Amicus Curiae Briefs Filed for Amgen v. Sanofi

JD Supra Law

At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail here. The first amicus brief was submitted by the Association of University of Technology Managers (AUTM), Biogen, Bristol-Myers Squibb, Corning, Merck Sharp & Dohme, and St.