Wed.Feb 01, 2023

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Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

Hugh Stephens Blog

According to the Chinese zodiac, the Year of the Rabbit (this year) is supposed to represent “relaxation, quietness and contemplation”. This “Rabbit Year” is predicted to be “calm and gentle”. Good news for the people of Ukraine, if true).

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“This Law Will Be One of Scapegoating All Those Who Do Not Fit Into What Our Bureaucrats Think Canada Should Be”: Bill C-11 is Back with Stunning Rebuke From Senator David Adams Richards

Michael Geist

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Kappos at PTAB Masters 2023: The PTAB Simply ‘Hasn’t Worked Out’ as Intended

IP Watchdog

During the PTAB Masters 2023 program, which was held this week on Tuesday and Wednesday at IPWatchdog’s headquarters in Ashburn, Virginia, former U.S.

Invention 124
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Life Sciences Litigation Update - January 2023

JD Supra Law

The issue of what is or is not patent-eligible subject matter under 35 U.S.C. § 101 has been hotly contested over the past decade. The debate stems largely from two U.S. Supreme Court decisions on the topic, as well as a large body of caselaw from the U.S.

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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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The USPTO Claims it Wants to Ensure ‘Robust and Reliable’ Patents – But Its Questions Imply Another Assault on Patent Owners

IP Watchdog

Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights. Responses to this request are due by this Thursday, February 2, 2023.

Invention 106
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Media & Entertainment: 10 Legal Challenges for Companies in 2023

JD Supra Law

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

Law 105

More Trending

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PTAB Remains Hostile to Section 101 Appeals

JD Supra Law

There is ample evidence that patent examiner allowance rates vary dramatically from examiner to examiner and art unit to art unit.[1] 1] This has resulted in the general understanding that there are "easy" examiners and "tough" examiners. By: McDonnell Boehnen Hulbert & Berghoff LLP

Art 98
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New US trade secrets law a ‘potential sledgehammer’ in dispute negotiations

IAM Magazine

President can now pick out foreign entities and subject them to a series of sanctions

Law 98
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USPTO Director: Adverse Judgment Not Appropriate Where There Was No 'Unequivocal' Abandonment

JD Supra Law

The USPTO Director recently conducted sua sponte review of a Patent Trial and Appeal Board decision granting adverse judgment in four IPR proceedings where a panel found that the patent owner had abandoned the contests.

Patent 98
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Data Demonstrates the Value of a Trademark Attorney

Erik K Pelton

A recent study, Lessons from USPTO Trademark Prosecution Data, uses data from the USPTO records over four decades to show that working with an attorney improves the odds of success when applying to register a trademark. The full study by Deborah R. Gerhart and Jon J.

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Genentech, Inc. v. Sandoz Inc.

JD Supra Law

Case Name: Genentech, Inc. Sandoz Inc., 2022-1595, 2022 WL 17839055 (Fed. 22, 2022) (Circuit Judges Newman, Lourie, and Prost presiding; Opinion by Lourie, J.; Dissenting Without Opinion by Newman, J.) Appeal from D. Andrews, J.). By: Robins Kaplan LLP

Law 97
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AnimixReplay Shuts Down After ACE Comes Knocking

TorrentFreak

Late last year, popular anime site AmimixPlay closed its doors , citing technical and motivational issues. The decision was a massive disappointment to its loyal user base, which was good for an estimated 100 million monthly visits. Following the site’s demise, several copycats popped up.

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EPFO vs Sunil Kumar

IP and Legal Filings

Introduction In a recent decision, the Hon’ble Supreme Court of India, hearing appeals from various decisions of High Courts of Kerala, Rajasthan, and Delhi, which quashed most of the said amendments, examined the legality of some changes made to the pension scheme by the Central Government in 2014.

IP 85
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A guide to impact investing in Black economic mobility

McKinsey Operations

Eight socioeconomic pillars can support the growth of Black-owned businesses and increase opportunities for Black communities. Our Insights Social Sector Public & Social Sector Institutional investors

Business 120
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How To Choose A Trademark Attorney

Patent Trademark Blog

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications.

Patent 73
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European Transformation Summit: Fresh leadership perspectives

McKinsey Operations

European transformation leaders share fresh perspectives based on their real-world experiences. A unifying principle to drive change and a structured approach to execute and sustain it can boost success. Transformation Insights Europe Corporate strategy Performance transformation

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I have long COVID and my insurer has denied my disability claim

Nelligan Law

Reading Time: 2 minutes What is long COVID?

Law 69
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Performance through people: Transforming human capital into competitive advantage

McKinsey Operations

A dual focus on developing people and managing them well gives a select group of companies a long-term performance edge. Our Research Performance transformation

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Tips For IP Lawyers Facing A Brave New AI World

IP Law 360

Larry Sandell at Mei & Mark offers takeaways for intellectual property lawyers on the current tsunami of artificial intelligence breakthroughs — including the limited ability to draft patents — to help IP holders and other clients ride the AI wave without getting crushed

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Forward Thinking on how to get remote working right with Nicholas Bloom

McKinsey Operations

“There’s a lot of scare stories in the media saying hybrid doesn’t work,” says a leading economist. “My My one piece of advice is just be intentional, be organized. Basically, get folks in on two, three days a week … and be really tough about having them come in.

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2022 Economic Census Mail Out Begins: Data Helps Shape Decisions on Health of Economy

U.S. Department of Commerce

2022 Economic Census Mail Out Begins: Data Helps Shape Decisions on Health of Economy February 1, 2023 KCPullen@doc.gov Wed, 02/01/2023 - 13:40 Mailout of the 2022 Economic Census has begun!

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[Video] Post-Grant for Practitioners Webinar | 2022 Year in Review

JD Supra Law

The Patent Trial and Appeal Board in 2022 continues to have a significant impact on IP litigation and strategy. Petitioners remain busier than ever, with a total of 1,367 filings in FY 2022.

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Landmark patent claims edict too liberal: India counsel

Managing IP

Counsel welcome the Delhi High Court’s clarity on claim amendment but worry that its interpretation of the Patents Act negates statutory law Default Analysis India Asia Pacific Patents IP Strategy Life sciences

Law 59
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Refurbishing Europe: Igniting opportunities in the built environment

McKinsey Operations

The built environment in Europe will need to transform to achieve the EU’s goals for net-zero emissions. This is challenging but will unlock societal benefits and business opportunities. Insights on Electric Power & Natural Gas Alternative fuels & renewable energy

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Section 230 Still Applies to User Reviews–Daniloff v. Google

Technology & Marketing Law Blog

It’s well-settled law that Section 230 protects review services for tortious user reviews. The Ninth Circuit told us this in 2016 (in Kimzey v. Yelp ), but the caselaw was already clear by then. Yet, here we are in 2023, still reiterating that venerable legal principle.

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Tacos with a Side of Cease and Desist

IPilogue

Mariela Gutierrez Olivares is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.

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Boston Scientific Hit With $42M Stent Patent Verdict

IP Law 360

A federal jury in Delaware has ruled that Boston Scientific infringed a patent related to stent systems, ordering the medical device giant to pay $42 million to the University of Texas and TissueGen Inc

IP 75
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Delhi High Court holds that known substances must be clearly identified

IAM Magazine

The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants

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Models Score Default Win Over Club's 'Improper' Use Of Pics

IP Law 360

A D.C. federal judge has handed a default victory to professional models in their lawsuit alleging that a nightclub operator used their photos in its advertisements for events and parties without their consent, though the judge refused to award attorney fees

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German court establishes legal certainty for appeals against EPO decisions

IAM Magazine

The German Federal Constitutional Court has ruled against plaintiffs who argued that the EPO violated fundamental procedural rights and possesses obvious shortcomings in its level of legal protection

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Ex-Attys For Beach Boys Lead Singer Sanctioned In Discovery

IP Law 360

A Nevada federal magistrate judge on Wednesday granted Beach Boys singer Mike Love's bid for sanctions against his former lawyers, whom he accused of withholding documents and preventing him and his family from contacting key witnesses in a long-running dispute over attorney fees related to earlier representation of the musician

IP 75
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InterDigital scores further Lenovo victory, while in-house lawyer avoids embargo breach reprimand

IAM Magazine

It has been another eventful week as parties await the English High Court’s global FRAND rate decision

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Would-Be Warhol Saw His 'MetaBirkin' NFTs As A 'Gold Mine'

IP Law 360

A California designer who compares his work to that of Andy Warhol viewed his line of "MetaBirkin" non-fungible tokens as a "gold mine," a jury hearing trademark infringement claims brought by Birkin handbag maker Hermes International heard Wednesday

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Report finds ‘privateers’ charging royalties 15 times that of major SEP holders

IAM Magazine

Stout’s research identifies Panasonic, Nokia and Ericsson as the biggest sellers to privateers in the past decade

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Top Recommendations from an AI Lawyer on How to Protect Your AI Project

Traverse Legal Blog

AI Law Alert. Summary: (full article below) The first issue that AI companies need to address early is that they are operating in a SaaS environment. AI companies typically do not provide a license to download or use their software.

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New US trade secrets law a ‘potential sledgehammer’ in dispute negotiations

IAM Magazine

President can now pick out foreign entities and subject them to a series of sanctions

Law 52