News of the Week; September 30, 2020

INTELLECTUAL PROPERTY

1.  Access Copyright v. York University – Update on Supreme Court – Replies Have Been Filed (Howard Knopf)
2. The Outpost – Mass Copyright Litigation (Howard Knopf)
3. How To Be Funny And Not A Jerk In A Cease And Desist Notice, From The Doobie Brothers
4. Bill Murray Responds To Doobie Bros. Copyright Letter With Snark, No Offer To Pay For Use Of Song 
5. Threats with a smile: The cease-and-desist letter in a time of social media
6. Federal District Court Rules Nicki Minaj’s Remake of Tracy Chapman Song Protected by Fair Use
7. Celebrities v. Paparazzo Copyright in Photographs of Themselves
8. Supreme Court denies copyrightability of Georgia code annotations 
9. Federal Court of Appeal upholds Hilton’s right to use the Waldorf Astoria trademark in Canada: Ruling says registered trademark can be enforced even if there is no physical presence in country
10. Not all pun and games: Federal Court not amused with cannabis company’s brand parody
11. Woof: Jack Daniels Takes Fight Over Doggy Chew Toy To The Supreme Court
12. BrewDog’s ‘Elvis Juice’ Now An Approved Trademark In The UK, But Not the EU
13. Burger King Fights Proxy War Against McDonald’s Over Hungry Jack Trademark Dispute
14. Back of the net: Messi scores definitive victory in a nine-year legal dispute over his trade mark
15. Royal opposition
16. High Court rejects appeal to register Jaguar Land Rover shape marks
17. No defence for the Defender – Land Rover loses trade mark shape battle with Ineos
18. Second Circuit Reverses Tiffany & Co.’s $21 Million Judgment Against Costco Wholesale Corporation
19. Pizza & Chicken finger lickin’? 
20. Is Western Sahara a no-go for trademark protection? 
21. Trade-secret protections are getting stronger – and other IP trends chemical companies need to know 
22. Defining design life: The importance of precision
23. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history 
24. 8 important life sciences IP issues for innovators doing business in Canada
25. Federal Court finds Eli Lilly’s tadalafil dosage form and process patents invalid
26. Federal Court Finds CIPO Examination Practice Out of Line with Supreme Court Precedents 
27. Problem Found with Problem-Solution Approach to Claim Interpretation 
28. Egenera Inc. v. Cisco Systems Inc. 
29. Inventiveness+? Divergent theories of the “inventive concept” in patent-eligible subject matter 
30. An Old Method Using an Old Product From a New Source Is Not New
31. Actual Definitions Can Help Avoid Erroneous Constructions of Patent Claims
32. Speedfit’s Treadmill Patent “Runs Into” On-Sale Bar Invalidity Due to Collateral Estoppel Stemming from a Prior Litigation on a Different Patent
33. IPR Estoppel: It’s Not A Second Bite at the Apple if You Didn’t Get a First Bite
34. Drug Patent Invalid Due to Poor Quality Translation 
35. Finding Claims Non-obvious Was Not Error, It Was the Application of the Proper Evidentiary Standard
36. When Are Recombinant Proteins Structurally Different Than Their Natural Counterparts?
37. If Patents Are So Important To Innovation, Why Do Innovative Companies Keep Opening Up Their Patents Rather Than Enforcing Them?
38. Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents
39. Implementers of Standard Essential Patents in Germany Must “Clearly and Unambiguously” Express Their Willingness to Take a License Under Fair, Reasonable, and Non-Discriminatory Terms 
40. Intellectual Property Rights in Recipes and Food
41. Purchasing intellectual property by way of an asset sale and purchase
42. Cord Cutting Has Utterly Exploded During the Covid Crisis
43. Ubiquitous technologies and 5G development. Who owns the rarest technologies?
44. Judge Rejected Ban On TikTok Because Trump’s DOJ Can’t Show Any Real National Security Threat
45. Court Enjoins Trump Administration’s Attempt to Kick TikTok Out of App Stores–TikTok v. Trump (Eric Goldman)
46. Internet terms and conditions: Second Circuit declines to enforce arbitration agreement accessible through browsewrap hyperlink
47. Apple backs down on taking 30% cut of paid online events on Facebook
48. Epic, Spotify, and others take on Apple with “Coalition for App Fairness”
49. Germany Drops Idea Of ‘Pre-Flagging’ Legal Uploads, Which Could Have Stopped EU Copyright Filters Blocking Memes, Parodies, Quotes And Creative Commons Material
50. Justice Department Releases Its Dangerous & Unconstitutional Plan To Revise Section 230
51. Part I: The History and Evolution of Section 230
52. Part II: Section 230 and Proposals for Revision – Some Critical Commentary on Executive Branch Updates
53. Sen. Graham Cares More About Trolls Than Section 230 (Comments on Online Content Policy Modernization Act) (Eric Goldman)
54. I See This Stupid New Section 230 Bill, And I Say It’s A Stupid Section 230 Bill
55. How a Slacker Frog in an MS Paint Zine Became a Villain for the Alt-Right: In the new documentary “Feels Good Man” filmmakers Angelini and Jones carefully examine Pepe the Frog’s fraught and fascinating legacy.
56. Meet OnlyTweets, The Unofficial Twitter Feature That Lets Creators Monetize Their Feeds
57. Human Says No: AI Can’t Be Patent Inventor, Rules High Court Judge
58. Should the legal definition of “inventor” encompass an AI machine? The position following “DABUS”
59. Thaler v Comptroller-General: Part 1 – AI systems cannot be an inventor under the Patents Act 
60. UK High Court Denies DABUS Appeal 
61. Is AI leaving IP behind? HMG consults 
62. Artificial Intelligence Licensing: What You Need to Know
63. Patent application strategies in the field of artificial intelligence based on examination standards 
64. Deep fakes, inventorship and ethics – WIPO revised issues paper on Artificial Intelligence
65. Artificial Intelligence and its challenges for Intellectual Property 
66. Episode 2: Ulrike till, Director of the division of Artificial Intelligence policy at the World Intellectual Property Organisation
67. Take-Two sued over use of tattoos in WWE 2K: A judge has ruled that a trial will be required to decide whether it constitutes copyright infringement
68. WWE 2K maker Take-Two heading to trial after copying tattoo artist’s work
69. Alexander v. Take-Two Interactive Software, Inc.
70. Alexander v. Take-Two Interactive Software, Inc.: Memorandum And Order of September 26, 2020
71. Nintendo’s lawsuit against Switch hack seller to land it $2 million in damages
72. Supercell to pay $8.5 million over patent dispute with F2P dev Gree
73. Epic and Apple don’t want Fortnite dispute settled by a jury 
74. Epic vs Apple judge calls for trial by jury: Trial could begin in July 2021 at the earliest, still no ruling on whether Fortnite can return to iOS
75. Apple and Epic’s big anti-trust showdown likely to take place next summer
76. Epic Games goes to battle with Apple and Google: The dispute so far
77. Apple v. Epic hearing previews a long, hard-fought trial to come
78. Breaking Down the Epic v. Apple Fight
79. Epic and Apple decline trial by jury: Apple withdraws demand for jury from countersuit as both firms look to court to settle Fortnite dispute
80. Zynga is shutting down FarmVille after over a decade
81. FarmVille—yes, the original—is finally meeting its demise
82. Zynga to sunset FarmVille after 11 years: The publisher’s most formative product will be shut down at the end of this year
83. Insomniac re-casts Peter Parker’s face model in Spider-Man Remastered: Ben Jordan to replace John Bubniak due to closer resemblance with voice actor Yuri Lowenthal
84. U.S. Patent no. 9,533,229: Custom reward for viral help in game

Jon