News of the Week; October 7, 2020

INTELLECTUAL PROPERTY

1.  Fake News, Fake Views and the Parody Exception
2. Google LLC v. Oracle America, Inc. (SCOTUS Oral Arguments Transcript, October 7, 2020)
3. Oracle Is Wrong About Having Permission To Reimplement Amazon’s API. But They Shouldn’t Need It.
4. The Supreme Court hears Oracle v. Google tomorrow—here’s what’s at stake
5. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple (Eric Goldman)
6. Does Copyright Literally Protect Source Code Figuratively? 
7. Nikola issues copyright takedowns against critics who use rolling-truck clip
8. Nikola’s Plan To Combat Its No Good, Very Bad Month Appears To Be Using Copyright To Silence Critics 
9. Knowingly Removing Photographer’s Credit Costs Buzzfeed Under DMCA
10. Hugo Boss Opposes Artist’s ‘Be Boss, Be Kind’ Trademark For Merch 
11. Toy Story 4’s Duke Caboom Crashes into Evel Kneivel’s Son 
12. Breaking news: the queen monitors trade mark filings
13. David Dobrik Looks To Be Cooking Up ‘Doughbrik’s Pizza’ Business, Per Trademark Filings 
14. The Fit Kitchen Case and the value of trade marks
15. Supreme Court Settles Long-Standing Circuit Split on Trademark Damages: Willful Infringement Is Not a Prerequisite for Awarding a Trademark Infringer’s Profits
16. Spolar v. Discovery: Court refuses to restrain Discovery from broadcasting documentary about last photograph of Lincoln, finding prior restraint and that plaintiffs failed to establish claim for misappropriation of trade secrets. 
17. DOJ Indictment of Chinese Hackers for Break-Ins at 100 Companies Reinforces The Importance of Protecting Trade Secrets and Implementing Security Protections 
18. Revisiting Supreme Court Nominee Judge Amy Coney Barrett’s Recent Trade Secret Opinion
19. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
20. Patentability of Computer-Implemented Inventions in Canada – The Amazon Saga Continues
21. Federal Court rejects problem-solution approach, opening field for computer-implemented inventions
22. Challenges for Extended Reality (XR) Companies in Patent Prosecution and Litigation 
23. Lithium-ion battery separators – crucial patent developments
24. GSK v. Teva – Induced Infringement Liability Despite Skinny Label 
25. GSK vs. Teva: Induced Infringement, Skinny Labels and Fat Damages
26. Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses
27. Former Patent Litigator Becomes Federal Judge And Begins Advertising For Patent Trolls To Come To His Court (And They Have In Droves) 
28. US Patent Law Year in Review: October 2019 – September 2020
29. Guide to Doing Business in Canada: Intellectual property
30. Democratising Knowledge: Transforming Intellectual Property and Research and Development
31. Jim Murphy’s Article “5 Areas of Intellectual Property You Should Focus on Now,” Featured in Built In
32. What Happened to Canada’s Innovation Agenda?: How Innovation Policy Has Been Sidelined By Cultural Policies and Misplaced Provincial Prioritization of Patents (Michael Geist)
33. US House committee says Amazon, Google, Apple, Facebook engaged in monopolistic behavior: Investigation recommends stronger antitrust actions, but requires Congressional approval for further action
34. House: Amazon, Facebook, Apple, Google have “monopoly power,” should be split
35. Congress Issues Antitrust Report on Large Tech Platforms
36. Publishers worry as ebooks fly off libraries’ virtual shelves
37. hiQ Labs, Inc. v. LinkedIn Corp.
38. Megaupload Lawsuits Remain on Hold Until 2021, Or (Much) Later
39. Triller Has Inflated Active User Counts, Former Staffers Say
40. If You’re Going To Sue YouTube For Infringement, Maybe First Don’t License Your Music To YouTube Or Setup Fake Accounts To Upload Your Own Works
41. YouTube Revamps Retention Analytics To Give Creators More Data About How Their Videos Perform With Viewers
42. YouTube Music Spins Up Global Charts Based On Video View Count
43. YouTube Music drops monthly fee for Chromecast support
44. Open Access Faces Many Problems; Here’s One That The Indispensable Internet Archive Is Helping To Solve
45. Can I keep my .eu domain name after the post-Brexit transition period?
46. High Court confirms that the class of inventions created by AI machines is not patentable
47. Patents Court Determines Machines Can’t be Inventors
48. High Court Holds that AI Machines Cannot Be Inventors, Further Paving Way for Legislative Phase of the DABUS Saga 
49. Focusing on Value: Viewing AI Through an IP Lens
50. Thaler v Comptroller-General: Part 2 – What now for AI inventions following Thaler?
51. Nintendo wins $2m in lawsuit against Team Xecutor resellers: UberChips.com ordered to cease sale of Switch hack devices and destroy all remaining stock
52. Genuine Enabling Tech’s Lawsuit Alleging Patent Infringement by Nintendo Wii and Switch Products Dismissed
53. Mother and son seeking $5m in latest Joy-Con drift lawsuit against Nintendo: Plaintiff argues platform holder has not done enough to address Switch issue and does not warn about drift in marketing
54. Depicting Randy Orton’s Tattoos in a Video Game Could Be Copyright Infringement–Alexander v. WWE 2K (Eric Goldman)
55. Take-Two Going To Trial Over Yet Another Tattoo Artist Claiming Copyright On Athlete Bodies
56. Epic Games and Apple will head to trial in May 2021
57. What lessons can be learnt from Voodoo’s action against Rollic? | Opinion: Harbottle & Lewis’ Kostya Lobov looks at what the casual games giant’s victory means for fighting clones
58. The thing about trolls is they regenerate | 10 Years Ago This Month: It’s time to tell the scary story of Edge Games, Tim Langdell, and the trademark dispute that would not die
59. Burger King, Stevenage and my FIFA confusion
60. Twitch Launches ‘Soundtrack’, A Library Of 1 Million Licensed Songs For Streamers
61. U.S. Patent no. 9,498,706: System and method for providing an enhanced research game mechanic

Jon