Tue.Jan 31, 2023

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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Cellspin Says Judge Gonzalez Rogers’ Financial Ties to Silicon Valley Require Recusal

IP Watchdog

Earlier this month, patent owner Cellspin Soft filed a motion for recusal under 28 U.S.C. § 455 seeking the vacatur of a summary judgment order entered in the Northern District of California by U.S. District Judge Yvonne Gonzalez Rogers releasing several defendants from infringement liability, including Fitbit. Cellspin Soft’s motion points to several financial interests between Judge Gonzalez Rogers and Fitbit’s parent company Google, including business relationships developed by Judge Gonzale

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Pirate Site Admin Convicted After Five Years, Another Acquitted, Site Lives On

TorrentFreak

Numerous reports published by the European Union over the past decade have linked higher levels of content piracy with lacking availability of legal content. Restricted access to legal offers fuels the perception among citizens that piracy is an acceptable option, which in turn leads to higher levels of pirated content consumption. One way to combat that is by making content available and raising awareness, through the EU’s Agorateka platform , for example.

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Top ten observations from 2022 in life sciences digital and analytics

McKinsey Operations

Life sciences companies are making progress in adopting and deploying digital and analytics. But they can go further and faster by heeding some lessons from the past few years.

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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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The End of an Era for Shadow Libraries…Or Is It?

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. One of the most popular shadow libraries, Z-library, has been essentially shut down by US authorities now. On November 3, 2022, the United States Postal Inspection Service seized the Z-library site and all of its domains, and all of their DNS servers, effectively shutting down the site.

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Book Release: ‘Archives, Ethics and the Law in India’ – A Guidebook for Archivists in India

SpicyIP

I am happy to announce the launch of ‘ Archives, Ethics and the Law in India’ , an open-access publication published by the Archives at the National Centre for Biological Sciences in Bangalore. This publication is intended to be a guidebook for archivists, on the intersecting questions of ethics and law that they routinely face in the course of their practice.

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The New York Times Is at It Again Regarding Patents

JD Supra Law

It's always good to have a villain, a "Snidely Whiplash" or other cartoon caricature to support an argument, especially if the issue is complex and fails the cocktail party test.

Patent 98
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Infographic | IP owner directory

Olartemoure Blog

Registration in the IP owner directory submitted before the Colombian tax and customs authority is a common practice by IP owners who wish to apply for benefits found in Decree 1165 of 2019 and Decree 360 of 2021, current regulatory framework for said request. Article 723 According to the Decree, article 723 holds the possibility of creating an IP owner directory by Colombia’s Customs Authority, thus facilitating communications.

IP 98
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Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?

JD Supra Law

If you think claim construction is more fun than watching paint peel, then you’re probably a patent lawyer. And what’s more fun than claim construction? Claim construction with an indefiniteness challenge, as happened in this week’s case of the week.

Patent 98
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The Geographical Indications movement: How does Africa play its hand?

The IPKat

According to Voltaire, “ each player must accept the cards life deals him or her; but once they are in hand, he or she alone must decide how to play the cards in order to win the game.” This quote best encapsulates The legal construction of geographical indications in Africa by Titilayo Adebola discussed in this post. The legal construction of geographical indications in Africa is published in the Journal of World Intellectual Property and highlights a hugely important aspect of the movement to

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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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IP Protection for Artificial Intelligence

JD Supra Law

BuzzFeed CEO Jonah Peretti recently announced a partnership with OpenAI’s ChatGPT artificial intelligence tool in a move he said would create a “new model for digital media.” Artificial intelligence would become “part of our core business” by “enhancing the quiz experience, informing our brainstorming, and personalizing our content for our audience.

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How a major New Zealand retailer reinvented itself around customer satisfaction

McKinsey Operations

The Warehouse Group partnered with McKinsey on a complete transformation, improving customer experience, upskilling employees, and expanding its carbon neutral vision—all while growing its bottom line.

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A change of pace: Accelerated Approval reform passed by U.S. Congress

JD Supra Law

The U.S. Food and Drug Administration (FDA) has several programs available that can expedite the development and regulatory review of a drug or biological product, including Accelerated Approval, which allows for approval of a drug or biologic based on surrogate or intermediate clinical endpoints while requiring the sponsor to develop additional clinical data postmarket to confirm efficacy.

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The role of business in sustainable, inclusive growth

McKinsey Operations

A new discussion paper by McKinsey & Company describes companies’ critical role in addressing social and environmental challenges through growth, sustainability, and inclusion.

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Astellas US LLC v. Hospira, Inc.

JD Supra Law

Case Name: Astellas US LLC v. Hospira, Inc., No. 2022-1878, 2022 WL 17998229 (Fed. Cir. Dec. 30, 2022) (Circuit Judges Dyk, Reyna, and Cunningham presiding; Opinion by Dyk, J.) (Appeal from D. Del., Connolly, J.).

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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

Introduction The concept of the metaverse is developing and has already made its way into a number of fields, including architecture, media and entertainment, as well as the legal system. It has also given “trendsetters,” fashion companies, and fashion shops a large number of opportunities. The Covid-19 pandemic and lockdowns had a detrimental influence on fashion companies, which further motivated them to grow their business on the Metaverse.

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Metaverse, Blockchain & Digital Assets: 10 Legal Challenges for Companies in 2023

JD Supra Law

With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023.

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USPTO Issues Final Rule to Eliminate CLE Certification Program

IP Watchdog

The United States Patent and Trademark Office (USPTO) yesterday announced a final rule to eliminate the provisions within the agency’s rules related to voluntary continuing legal education (CLE) certification and recognition for registered patent practitioners and individuals granted limited recognition to practice in patent matters before the USPTO.

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The Limits of Work Standards

Christopher Roser

Work standards are the backbone of continuous improvement because you need a standard to maintain what you have already achieved. But standards are not easy. A standard should explain everything in sufficient detail without being too detailed…and that is a fine line to walk. The key to the problem, but also to the solution, is. Read more The post The Limits of Work Standards first appeared on AllAboutLean.com.

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Pornhub Risks Losing Its Domain Name in Bizarre Piracy Lawsuit

TorrentFreak

Pornhub is without a doubt one of the most visited adult entertainment outlets on the Internet. The ‘entertainment’ platform is owned by MindGeek, the company formerly known as Manwin. In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. Part of this magic formula is down to Pornhub and other MindGeek-owned tube sites allowing users to share content.

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Focusing on developer experience and embedded security for cloud

McKinsey Operations

Asurion’s CIO explains how the company’s timely decision to go cloud-first allows the company to move fast, drive value, and stay competitive.

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SpicyIP Tidbits: Delhi High Court Interprets the Term “Leaving with the Registrar” Broadly

SpicyIP

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.

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Speakers from IBM, Moderna, MIT, Smithsonian Center, MassBio and Forbes for 2023 IP Awareness Summit

IP Close Up

The Center for Intellectual Property Understanding has announced that it has thus far confirmed 20 speakers speakers from leading businesses, universities and organizations, as well as Continue reading

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Fueling the Hungarian start-up ecosystem

McKinsey Operations

Cooperation among all stakeholders would help the country create a start-up culture that could generate some 30,000 high-value-adding jobs and up to €1.3 billion in additional direct local spending.

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Pornhub Domain Name Targeted in Bizarre Piracy Lawsuit

TorrentFreak

Pornhub is without a doubt one of the most visited adult entertainment outlets on the Internet. The ‘entertainment’ platform is owned by MindGeek, the company formerly known as Manwin. In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. Part of this magic formula is down to Pornhub and other MindGeek-owned tube sites allowing users to share content.

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Choreographer Asks 9th Circ. To Revive 'Fortnite' Dance Suit

IP Law 360

A choreographer on Monday asked the Ninth Circuit to reinstate his copyright suit accusing Epic Games of stealing his dance for Fortnite, arguing that the California federal court used a "superficial analysis" in its dismissal by ignoring most of the artistic elements in the entire routine, and focusing instead on static "poses.

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News headlines to watch for in 2023

McKinsey Operations

What will lead the headlines in the year ahead? We asked influential journalists in Asia and Europe for their views on the stories that will shape each region. From growth prospects to the net-zero transition and from geopolitical tensions to inflation, their perspectives shed light on the themes we will be seeing in the news.

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Gambling Cos. Say Doc Request Should Be Quashed

IP Law 360

The gambling corporations formerly known as Scientific Games and Bally Gaming have asked an Illinois federal court to quash a subpoena issued by riverboat casino companies against a playing card company in litigation over automatic card shufflers, saying the card company doesn't belong in the case.

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Indirect manufacturing costs: An overlooked source for clear savings

McKinsey Operations

Indirect operations functions make up a significant share of total operations—and optimizing them can deliver sizeable bottom-line impact.

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Getty Images Wants Foreign Tax Credit Exceptions Clarified

IP Law 360

The U.S. Treasury Department should clarify that an exception outlined in proposed foreign tax credit regulations applies to withholding taxes on royalty payments for intangible property licensing based on where the taxes were levied, an attorney representing media company Getty Images said in a letter to the department.

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Business Organizations Seek Extension on Comment Period Deadline on FTC’s Proposed Rule Banning Non-Competes

Trading Secrets

100 business organizations submitted a letter today requesting a 60 day extension on the March 20, 2023, comment period deadline on the FTC’s proposed rule banning non-competes with employees and workers. The business organizations include organizations in manufacturing, commerce, retail, insurance, franchise, health care, technology, financial services, construction, and staffing.

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NBC Avoids Cancellation Of 'The Office' Dunder Mifflin TM Suit

IP Law 360

A California federal judge declined to dismiss an NBCUniversal lawsuit against two companies accused of squatting on trademarks from former NBC hit shows The Office and Friday Night Lights, saying the media giant plausibly alleged the companies infringe through the sale of merchandise branded with "Dunder Mifflin" and "Dillon Football.

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Health Care Beat Podcast: Antitrust Enforcement of Employment Agreements

Trading Secrets

On this episode of Health Care Beat, host Chris DeMeo is joined by Kristine Argentine , partner in Seyfarth’s Chicago office and chair of the firm’s Commercial Consumer Class Action Defense group. Their discussion covers a string of recent cases involving the pursuit of employers across the health care industry (and others) for labor-related antitrust violations.

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USTR Counterfeit Report Names WeChat, TaoBao For 2nd Year

IP Law 360

A new report from the U.S. Trade Representative found that Chinese e-commerce platforms, including WeChat and Taobao, continue to play a role in global counterfeiting that has cost the country billions of dollars annually.

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TTAB Posts February 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. Five of the hearings will be held via video conference; the third one listed below will be in person at Arizona State University. Briefs and other papers for each case may be found at TTABVUE via the links provided. February 7, 2023 - 1 PM: Eden Foods, Inc. v.