Thu.Jun 23, 2022

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Sustainable and inclusive growth: A weekly briefing

McKinsey Operations

A new era is possible—one that sees growth and societal benefits as complementary goals that reinforce each other. Our weekly digest of McKinsey insights explores the topic.

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Brazil’s Targets ‘Metaverse’ Piracy in Latest “Operation 404” Crackdown

TorrentFreak

In the fall of 2019, Brazilian law enforcement agencies conducted a large anti-piracy campaign codenamed ‘Operation 404,’ referring to the well-known HTTP error code. With help from law enforcement in the United States and the United Kingdom, the authorities took down more than a hundred sites and apps, while several suspects were arrested. In the following years, several new waves of anti-piracy action followed.

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CAFC Says District Court Correctly Invalidated Design Patent

IP Watchdog

On June 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the United States District Court for the Southern District of California granting summary judgment in favor of Golden Eye Media USA Inc (GEM) over Evo Lifestyle Products Limited, formerly known as Trolley Bags UK Ltd (TB UK) after holding TB UK’s U.S. Design Patent No.

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Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

IPilogue

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. . One of the biggest names in golf that is not Tiger Woods, Jack Nicklaus is being sued by Nicklaus Companies L.L.C. for breach of a $145 million deal for the exclusive use what is being incorrectly reported as “name, image, and likeness (NIL)”. Nicklaus, also known as The Golden Bear, is 82 years old and widely regarded as one of the greatest golfers of all time.

Contracts 119
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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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Proposed climate rule signals new era for real estate

McKinsey Operations

The SEC’s draft regulation would require all public companies to disclose emissions and risks related to their real estate. Here’s why the real-estate industry should move preemptively.

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An Immersive Conversation with Dion Bregman on the Metaverse

JD Supra Law

As part of our Spotlight series, Dion Bregman (who wears many hats at Morgan Lewis, such as deputy leader of the firm’s intellectual property practice, leader of the firm’s Patent Trial and Appeal Board (PTAB) team, managing partner of the firm's Silicon Valley office, and co-leader of the firm’s technology industry team) shares some of his meta thoughts.

More Trending

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Supreme Court Should Reject Warhol’s Overbroad Transformative Use Test

Copyright Alliance

On October 12, the U.S. Supreme Court will hear oral arguments in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, a case that could have a lasting […]. The post Supreme Court Should Reject Warhol’s Overbroad Transformative Use Test appeared first on Copyright Alliance.

Art 98
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Momentum Builds for Supreme Court Review of American Axle, Clarification of Patent Eligibility Law

JD Supra Law

Introduction - The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to whether their advances are patentable.

Patent 98
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Building Networked Innovation

Velocity of Content

For those competing in the rapid-paced food and beverage industry, whether delivering consumer packaged goods (CPGs), agricultural solutions, or ingredients, you may find that it is time to embark on expanding your innovation ecosystem. Exploring networked innovation can help your food R&D team by accessing additional partner and research assets to generate new, breakthrough ideas and solutions.

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Director to Review Institution of Trial Challenging Patents Found Infringed

JD Supra Law

U.S. Patent and Trademark Office (“USPTO”) Director Vidal is initiating sua sponte review of the Patent Trial and Appeal Board’s (“PTAB”) decisions to institute inter partes review of two patents owned by VLSI Technology LLC, for which over $2 billion of infringement damages were recently awarded against Intel. See OpenSky Indus. v. VLSI Tech. LLC, IPR2021-01064, Paper 41 (June 7, 2022); Patent Quality Assurance LLC v.

Patent 98
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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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OM Weekly Digest 06/23/22

Olartemoure Blog

06/23/22 – Innovation, Protection & Transfer. In an effort to create a list of eligible projects geared towards carbon capture measurement and low-emission hydrogen generation process studies, Colombia’s SciTech and Innovation Ministry, together with state-owned ECOPETROL announced a call to finance up to 70% of the total value of proposals in any of the two items mentioned, anywhere up to USD 435 million each.

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Silence Is No Support for Negative Claim Limitation

JD Supra Law

NOVARTIS PHARMACEUTICALS CORP. V. HEC PHARM CO., LTD. Before Moore, Hughes, and Linn (dissenting). Appeal from the United States District Court for the District of Delaware. Summary: Silence regarding the presence or absence of a limitation in a patent specification was not sufficient to provide written description support for a negative claim limitation.

Patent 98
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Examining the Legality of NFT Ownership Through an IP Lens

IP.com

New technologies are occasionally so innovative that they enjoy their first months and years relatively unregulated. Even the internet, a decades-old technology, is imperfectly regulated by industry, state, and federal. The post Examining the Legality of NFT Ownership Through an IP Lens appeared first on IP.com - IP Innovation and Analytics.

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Patent Poetry: Heirs of “Top Gun” Magazine Article Writer Sue for Copyright Infringement

JD Supra Law

As Top Gun: Maverick passes Doctor Strange 2 to become the highest-grossing movie in the US this year, it’s attracted a copyright infringement claim by the heirs of the writer of the article that inspired the original 1986 Tom Cruise movie.

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Cisco's $2.75B Patent Loss Axed Over Judge's Stock Conflict

IP Law 360

The Federal Circuit on Thursday vacated a $2.75 billion judgment against Cisco for infringing Centripetal Networks' cybersecurity patents, ruling that the now-deceased judge who oversaw the bench trial was disqualified from deciding the case because his wife owned Cisco stock.

Patent 96
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What You Should Know About Patent Prosecution: The Strategy Behind Building a Patent Estate The Strategy Behind Building a Patent Estate

JD Supra Law

Building a successful life sciences patent estate can seem like a daunting task, but a foundation of strategic decisions early on can be a big help long term. It is important to not only cover the patentable aspects of current inventions and innovations, but also to consider anticipated preclinical and clinical developments and future improvements.

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When Can a Patent Claim Positively Include the Negative?

The IP Law Blog

Most patent claims describe an invention using positive claim limitations that expressly recite the required elements or features of an invention. Sometimes, however, it is necessary, or desirable, to use a negative claim limitation to expressly specify an invention requires the absence of an element or feature. But when is it allowable to claim the negative?

Patent 96
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Americans are embracing flexible work—and they want more of it

McKinsey Operations

The American Opportunity Survey illuminates how many people are offered the option to work from home, who works flexibly, and how they feel about it.

Marketing 111
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Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

IP Law 360

The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

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Author Talks: How to fall in love with work

McKinsey Operations

Out of the thousands of moments in a workday, says Marcus Buckingham, you should spend 20 percent on your most beloved areas of mastery.

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Judicial Recusal Order Saves Cisco $2.75 Billion

Patently-O

by Dennis Crouch. Cisco has escaped its $2.75 billion patent infringement loss with a recusal order based upon the fact that the Judge’s spouse owned $5,000 in Cisco stock. . Centripetal Networks, Inc. v. Cisco Systems, Inc. ( Fed. Cir. 2022 ). Judge Dyk wrote this opinion ordering the recusal of E.D. Va. Judge Henry C. Morgan based upon his spouse’s ownership of about $5,000 of Cisco stock.

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Utility Models: Economical, Efficient, and Enforceable Patent Protection

JD Supra Law

Obtaining a traditional utility patent is often a long and strenuous process. Although fast track prosecution procedures may be available, they are often costly and cumbersome. But entrepreneurs often want to obtain patent protection of their technology quickly for reasons such as attracting investors, acquiring business assets, disclosing new technology to the public, or marketing their products.

Patent 89
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Reinventing credit cards: Responses to new lending models in the US

McKinsey Operations

Buy now, pay later could pose a challenge to credit cards’ leading position in US payments. To sustain profitable growth, issuers may need to rethink their products, economics, and value propositions.

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Pride Month: Celebrating an LGBTQIA+ Leader in Data Collection and Advocacy

U.S. Department of Commerce

Pride Month: Celebrating an LGBTQIA+ Leader in Data Collection and Advocacy. June 23, 2022. KCPullen@doc.gov. Thu, 06/23/2022 - 11:08. Lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA+) Pride month is an opportunity to celebrate the strides made in the struggle for the human rights of LGBTQIA+ people, but also to acknowledge the challenges that remain.

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How current global trends are disrupting the fashion industry

McKinsey Operations

Fashion suppliers and brands, like other companies, are facing significant economic and geopolitical challenges. Here’s what they can do to adapt and thrive.

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Sotera Stipulations Less Likely Given Vidal Memo on PTAB Discretion

IP Watchdog

As we reported yesterday, the U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” clarifying current Patent Trial and Appeal Board (PTAB) practice on discretionary denials of inter partes review (IPR) and post grant review (PGR) proceeding institutions.

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Demystifying digital dark matter: A new standard to tame technical debt

McKinsey Operations

Technical debt hinders growth. A new metric makes it easier to quantify how much it’s hurting companies.

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Tillis Blasts FDA for Refusing to Respond on Drug Patent Data Study

IP Watchdog

Senator Thom Tillis yesterday wrote to Food and Drug Administration (FDA) Commissioner Dr. Robert Califf, asking for a third time that the FDA conduct “an independent assessment and analysis of the sources and data that are being relied upon by those advocating for patent-based solutions to drug pricing.” Tillis expressed his frustration with the lack of response thus far, explaining that no formal reply has yet been received despite his first letter being sent in January 2022, and calling it “u

Patent 75
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Sustainable and inclusive growth briefing note

McKinsey Operations

A new era is possible—one that sees growth and societal benefits as complementary goals that reinforce each other. Our weekly digest of McKinsey insights explores the topic.

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[Guest post] Retromark Volume XI: the last six months in trade marks

The IPKat

Darren Meale of Simmons & Simmons presents the eleventh volume in his rundown of notable trade mark cases over the past six months. A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. 1. No time to rebrand as 21 week delay to injunction refused Combe International LLC v Dr August Wolff GmbH [2022] EWHC 125 (Ch) (January 2022) We covered the hoo-ha between VAGISIL and VAGISAN in the last volume.

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Harvard Can Keep Slave Photos, Court Says In 'Unjust' Ruling

IP Law 360

Massachusetts' top appellate court on Thursday found that Harvard University does not legally have to hand over pictures of slaves taken for a racist 1850 study to the subjects' descendant, but it called the result "unjust" and said the school could be sued for the way it treated the plaintiff.

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Wake up and see the women: Wealth management’s underserved segment

McKinsey Operations

As more assets in Western Europe shift into the hands of women, wealth managers need to understand the investment needs and behaviors of this large—but as yet underserved—group of investors.

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'SNL' Star Michael Che Beats TikToker's Sketch-Theft Suit

IP Law 360

A New York federal judge dismissed a popular TikTok creator's copyright lawsuit claiming "Saturday Night Live" star Michael Che ripped off a comedy bit on his HBO Max series, ruling that the sketches, which all center on "homegirls," are not substantially similar.

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How to ‘ACE’ hospitality recruitment

McKinsey Operations

Learn the five key trends affecting hiring in the hospitality sector and three steps employers can take to attract top talent.

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Shakira Gets 'Shakara' TM Partly Nixed In UK

IP Law 360

Pop singer Shakira was dealt a partial victory in her challenge of "Shakara" trademark, with U.K. intellectual property officials finding that Shakira was not as famous as Pablo Picasso or Lionel Messi such that similar-sounding marks would necessarily "call to mind" the artist herself.