Thu.Nov 10, 2022

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The Peter Gleeson Plagiarism Scandal

Plagiarism Today

In Australia late last month, the Courier-Mail published a 12-page “Special Investigation” by Peter Gleeson entitled Power and Palaszczuk , an unflattering look at the Queensland premier, Annastacia Palaszczuk, and her government. However, shortly after publication, another journalist, Josh Bavas, took to Twitter to ask why the article copied four paragraphs from a piece that he wrote two years prior.

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Once Branded Notorious Pirates, Sites Agree to Filter Out Pirated TV Shows

TorrentFreak

In early January 2012, many operators of successful, public file-hosting sites were looking forward to another productive year. Over the space of just a few days, everything changed. The destruction of Megaupload by the US government had serious implications for sites with a similar business model. Sites that paid cash to uploaders based on file popularity seemed particularly vulnerable, so it was not unexpected when some threw in the towel.

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3 Count: Duplicative Case

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ByteDance’s U.S. Copyright Lawsuit Over ‘League of Legends’ Duplicative, Says Judge. First off today, Blake Brittain at Reuters reports that Moonton Technology, a company owned by ByteDance, will not have to a face a United States lawsuit filed by Riot Games after a judge said the lawsuit is duplicative and can be better heard in China.

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Building a world-class Dutch start-up ecosystem

McKinsey Operations

A strategy to both increase the number of start-ups and facilitate their ability to scale can elevate the Netherlands to a global leader in the world of entrepreneurship ecosystems.

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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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Can There Be Only One Robotic Vacuum On the Market?

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. iRobot Corp was recently issued a decision in its favour against its competitor SharkNinja Operating LLC for patent infringement at the International Trade Commission (“ITC”). The product in question was the innovative Roomba robotic vacuum and floor cleaning device. While the final decision is yet to be given in February 2023 , the recent holding recommends an order to ban imports of any infringing SharkNinja dev

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When things get rocky, practice deliberate calm

McKinsey Operations

When faced with an unfamiliar crisis, most leaders spring into action. But wait—here’s why it’s better for those in charge to pause instead of pounce.

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More Trending

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SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products

SpicyIP

[This post is co- authored by Swaraj Barooah and Praharsh Gour.] . Bombay HC Orders Public Notice Regarding CL to Translate Mira Behn’s Autobiography. Image from here. Recently, in the matter of Anil G Karkhanis v. Kirloskar Press, the Bombay High Court (BHC) began proceedings on what may become the first instance of a literary work being compulsory licensed in India.

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ABA's No-Contact Rule Advice Raises Questions For Lawyers

IP Law 360

The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

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Governing law and jurisdiction in the Metaverse under Law Commission review

JD Supra Law

Do "traditional" geographic boundaries mean anything in the Metaverse? Under what law should international parties dealing in intangible assets, recorded only on decentralised, unregulated, global ledgers transact?

Law 97
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The dark side clouds everything

Likelihood of Confusion

I am fascinated with IP disputes over costumes, and have written about a few of them. I have also linked to this piece by Bill Patry, which would seem to. The post The dark side clouds everything appeared first on LIKELIHOOD OF CONFUSION™.

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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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PTAB Grants Petitioner Celltrion’s Motion To Submit Supplemental Information in Tocilizumab IPR

JD Supra Law

???????The U.S. Patent Trials & Appeals Board (Board) recently issued an Order granting Celltrion’s motion to submit supplemental information in its IPR (2022-00578) against U.S. Pat. No. 8,580,264, owned by Chugai Seiyaku Kabushiki Kaisa, Genentech, Inc, and Hoffmann La Roche, Inc. As we previously reported, this is one of two instituted IPRs brought by Celltrion against tocilizumab-related patents.

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How agtech start-ups can survive a capital drought

McKinsey Operations

Although agtech investment has fallen from last year’s peak, the surge in capital for start-ups over the past decade has created opportunities for smaller companies.

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“A strong IP and IA portfolio is the bedrock of our company”: Vivo Surgical founder on building an award-winning medtech offering

IAM Magazine

Head of Singapore-based startup reflects on the importance of patents in ensuring its products are proprietary and unique

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Global Economics Intelligence executive summary, October 2022

McKinsey Operations

Growth rebounds in the United States and China; eurozone inflation reaches new heights as tightening continues; energy, climate reports paint a sober picture.

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Funders foresee business as usual despite transparency push

Managing IP

Investors and NPEs have mixed feelings on pushes for more disclosure from Delaware and possibly Congress.

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Tim Koller on the timeless truths of corporate finance

McKinsey Operations

An expert on value creation shares insights from 20 years of leading McKinsey on Finance.

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A Look At Future AI Questions For The US Copyright Office

IP Law 360

Copyright law will inevitably be forced to address issues of artificial intelligence, including the distinction between fully AI-generated pieces and AI-assisted pieces, as the technology continues to become more sophisticated and prevalent in arts and literature, say Michael Kasdan and Brian Pattengale at Wiggin and Dana.

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Supreme Court to Consider Whether Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct

JD Supra Law

The Supreme Court of the United States agreed to review the geographic scope of the Lanham Act and the extent to which trademark owners can use US trademarks to police foreign sales. Abitron Austria GmbH et al. v. Hetronic International Inc., Case No. 21-1043 (Supr. Ct. Nov. 4, 2022) (certiorari granted).

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In High Court Remand, 9th Circ. Backs Copyright In H&M Fight

IP Law 360

The Ninth Circuit decided Thursday that under a recent U.S. Supreme Court ruling, Unicolors Inc. has a valid copyright on the fabric pattern it successfully sued fast-fashion chain H&M for infringing, although the appeals court said that the damages award must be trimmed.

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Winning direct-to-consumer strategies for auto OEMs in China

McKinsey Operations

Engaging with auto customers directly is becoming a make-or-break strategy for OEMs.

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Bungie Avoids Cheat Code Seller's Counterclaims, For Now

IP Law 360

A Washington federal judge has tossed Phoenix Digital's counterclaims against game developer Bungie Inc. in a suit seeking to stop the distribution of "cheat software," saying Phoenix hasn't shown enough evidence to back up its allegations that Bungie unfairly analyzed its software.

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Creator Spotlight with Artist JL Cook

Copyright Alliance

This week we’d like to introduce you to Artist JL Cook. You can follow her on Instagram @jlcook_3d. What was the inspiration behind becoming a creator? What do you enjoy […]. The post Creator Spotlight with Artist JL Cook appeared first on Copyright Alliance.

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Trademark Suit Against Meta Thrown For An Infinity Loop

IP Law 360

A California federal judge agreed Thursday to dismiss blockchain platform Dfinity’s trademark suit against Meta Platforms over purported similarities between their infinity-loop logos, determining that Dfinity hadn’t plausibly alleged a likelihood of consumer confusion.

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Up in Smoke: TTAB Dismisses E-Cigarette Opposition, Provides Guidance for Effective Evidence and Testimony

JD Supra Law

In a precedential opinion, the Trademark Trial & Appeal Board (Board) dismissed an opposition filed against an application for registration of a logo mark containing the word “SMOKES,” finding no likelihood of confusion with the opposer’s registered mark SMOK. The Board cited the dissimilarity of the marks and the weakness of the common mark element SMOK, as well as a lack of evidence that the parties’ trade channels overlapped.

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Riot Games' IP Suit Against ByteDance Unit Tossed Again

IP Law 360

A California federal judge again tossed a copyright lawsuit by Riot Games against a subsidiary of TikTok's parent ByteDance Inc. over the video game League of Legends, saying it represents a "second bite of the apple" because the claims still belong in China, just as the court held in 2017.

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Apple’s Hold-out Strategy Nears End & Appears to Backfire in UK

JD Supra Law

The UK has again demonstrated the ongoing trend against hold-out, approving an order forcing Apple to commit to take a license on FRAND terms, to be determined by the court, or face an injunction. This ruling is the latest in a line of decisions favorable to SEP holders across Europe and the United States that seem to be retilting SEP licensing towards more balance between innovators (patent owners) and implementers (alleged infringers).

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What Is an “Account”? Nonobviousness Argument Based Only on Proposed Construction Backfires for Caselas

LexBlog IP

In Unified Patents, LLC v. Caselas, LLC , IPR2021-00799, Paper 21 (P.T.A.B. Oct. 17, 2022), the Patent Trial and Appeal Board (“the Board”) issued a final written decision, holding all challenged claims of U.S. Patent No. 9,715,691 (“the ’691 patent”) unpatentable. Read more.

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PTAB Sanctions Non-Practicing Entity for Seeking to Abuse the IPR Process in Order to Extort Money

JD Supra Law

Last month, in OpenSky Industries v. VLSI Technology LLC, IPR2021-01064 (Oct. 4, 2022), the Director of the Patent Trial and Appeal Board (PTAB) issued a precedential decision regarding abuse of process. The decision from the Director held that Petitioner OpenSky had abused the IPR process by (1) filing an IPR in an attempt to extract payment from both Patent Owner VLSI and joined Petitioner Intel, and (2) offering to undermine the proceeding in exchange for a monetary payment from VLSI.

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Breaking: Italian court grants first injunction against NFTs infringing trademark rights

LexBlog IP

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. This is the first known judgement by a European court holding that NFTs reproducing a third party’s trademarks without authorization are infringing and hence granting a related injunction.

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Walmart Beats Patent, Antitrust Claims In Suit By Razor Maker

IP Law 360

A California federal judge has handed a win to Walmart and a supplier in a suit accusing them of selling razors that were knockoffs of an inventor's patented product, saying the designs of the two products were not all that similar.

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Catching up with AIPLA Presidents and Executive Director about Trade Secrets (Fairly Competing, Episode 18)

LexBlog IP

For the American Intellectual Property Law Association’s 125th Anniversary, John and Russell (both former chairs of the AIPLA Trade Secret Law Committee) and Ben (the current chair) went on the road to talk to the current AIPLA President, Brian Batzli , immediate past-President, Patrick Coyne , and Executive Director, Vince Garlock , at this year’s AIPLA Annual Meeting in Washington, D.C.

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PTAB Program Offers Lay Of Land To Ease Junior Atty Jitters

IP Law 360

Patent Trial and Appeal Board Judge Kal Deshpande has come a long way from the early-stage food services company he helped start after law school, when he and a friend came up with a novel way to make potato chips.

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The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

LexBlog IP

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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Copyright Claims Board: A New Stage for Copyright Infringement Claims

JD Supra Law

Paraphrasing the famous line from the father of modern acting technique, in establishing the Copyright Claims Board (CCB) on June 16, the Copyright Office effectively declared that there are no small copyrights, only small copyright infringement claims. Time will tell whether this new stage will serve as a well-respected and well-run forum for copyright owners, seeking redress (perhaps a summer “Shakespeare in the Park” to continue shamelessly flogging this analogy) or the legal equivalent of a.

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What is fixed fee M&A? —  Part 1

Stock Legal Blog

We have a robust M&A Department at Stock Legal comprised of attorneys who have practices in this field for the vast majority of their careers. This is the team to build out fixed fee work here at Stock Legal, along with our talented corporate lawyers who already have experience in fixed fee work for to build out corporate infrastructure for our clients.

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