Mon.Jul 25, 2022

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When Children Plagiarize

Plagiarism Today

Last week, Jamila Lemieux at Slate published an edition of her Care and Feeding advice column with an unusual question involving a young author who committed plagiarism. According to the column, the woman, going by the pseudonym Mom of the Poetry Police, was unsure how to move forward with her daughter. The daughter, reading a magazine that publishes poetry from young authors, recognized one of the poems in it from another book.

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Australia and Canada Tackle the Issue of Requiring Financial Support for Traditional Media from Online Platforms: Will the US Follow?

Hugh Stephens Blog

As first Australia, and now Canada (and the UK) implement legislation to stanch the bleeding of revenues from the traditional media sector to the major online platforms, a development that has resulted in the hollowing out of journalism as the platforms use the aggregation of media content produced by others to help attract and retain … Continue reading "Australia and Canada Tackle the Issue of Requiring Financial Support for Traditional Media from Online Platforms: Will the US Follow?

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3 Count: That’s So Meta

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ninth Circuit Boosts Efforts to Sue Overseas Copyright Infringers. First off today, Edvard Pettersson at Courthouse News Service reports that the Ninth Circuit Court of Appeals has revived a copyright infringement lawsuit that was filed against the Vietnamese company VNG Group.

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Roblox Fights DMCA Subpoena Targeting Up to 460K Innocent Gamers

TorrentFreak

Earlier this month we reported on what initially appeared to be just another DMCA subpoena application to identify an alleged infringer. The finer details are available here and relate to Christopher Boomer, the developer behind Roblox titles including Weight Lifting Simulator 2 and Muscle Legends. Boomer’s games have been viewed over two billion times but he claims to have a big piracy problem too.

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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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Coca-Cola: The people-first story of a digital transformation

McKinsey Operations

With thousands to train, the transformation of Coca-Cola’s commercial product supply operations needed buy-in from the boardroom to the front line.

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BREIN Settles With Pirate IPTV Seller Afer Global Chase

TorrentFreak

There are dozens of anti-piracy groups active around the world and BREIN is one of the frontrunners. The Dutch organization is mainly active in Europe where it’s responsible for taking down illicit sites and services, while also obtaining several favorable precedents. In 2017, BREIN booked a prominent victory at the European Court of Justice, which ruled that it’s illegal to sell devices that are pre-configured to access copyright-infringing content.

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This Week in Washington IP: Cybersecurity in Civil Space Operations, Coordinating Patent Data Between the USPTO and the FDA, and Innovative Ideas for Modernizing Congress

IP Watchdog

This week in Washington IP news, committee hearings at the U.S. House of Representatives focus on several topics related to technology including improvements to civil space procurement activities to promote cybersecurity in space systems, the use of facial recognition technology by U.S. Customs and Border Patrol, as well as technological recommendations advanced by the House Select Committee on the Modernization of Congress.

IP 105
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Safe Harbor Exemption May Not Be So Safe

JD Supra Law

Congress’s protection from patent infringement for drug developers created under the Hatch-Waxman Act of 1984 (Act) has been extensively litigated over the past three+ decades, but the scope of the so-called “safe harbor exemption,” provided in 35 U.S.C. § 271(e)(1), is still unclear and may be narrower than once thought.

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The potential value of AI—and how governments could look to capture it

McKinsey Operations

Artificial intelligence could have a significant impact on individuals, businesses, and governments. Here is what countries need to know about the benefits—and the first steps toward realizing them.

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PTAB Digest 2021/2022: The Latest Trends and Developments in Post-Grant Proceedings

JD Supra Law

The PTAB Digest 2021/2022 provides an overview of PTAB statistics, trends, and updates that impact strategies and business decisions for patent owners and petitioners alike. Significant developments included the following: In United States v. Arthrex Inc., the US Supreme Court held that the unreviewable authority of the administrative patent judges (APJs) violates the Appointments Clause, but remedied the violation and preserved the PTAB by giving the USPTO Director the right to review PTAB.

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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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Vidal to Consider Revisions to Iancu’s Eligibility Guidance

IP Watchdog

In a Director’s Forum blog post published earlier today, United States Patent and Trademark Office (USPTO) Director Kathi Vidal recounted the Office’s efforts over the last several years to make U.S. patent eligibility standards clearer for applicants and said that the agency will be revisiting the 2019 subject matter eligibility guidance issued by the previous administration in an effort to bring further clarity to the examination process.

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2022 mid-year highlights in Canadian life sciences IP and regulatory law

JD Supra Law

In the first half of 2022, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. The Rx IP Update team at Smart & Biggar has collected the top stories from January to July and summarized them for you.

IP 98
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Building a Winning Patent Assertion Strategy

IP.com

While the traditional innovation lifecycle consists of six steps ending with the monetization of a technology, adding a seventh may be appropriate. While it isn’t strictly an innovative process, patent. The post Building a Winning Patent Assertion Strategy appeared first on IP.com - IP Innovation and Analytics.

Patent 95
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FDA Releases Draft Guidance on Evaluation of Therapeutic Equivalence of Approved Biologic and Small Molecule Drugs

JD Supra Law

On July 20th, the FDA released draft Guidance regarding its standards on therapeutic equivalence (TE) between both biologic and small molecule (NCE) drugs. The definition of "therapeutic equivalence" in the Guidance is.

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Emerging cautiously: Australian consumers in 2022

McKinsey Operations

Our latest Australian consumer survey has found five emerging themes that describe consumer optimism, spending habits, and shopping transformations coming out of the COVID-19 pandemic.

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CJEU: Interruption of the forfeiture period only in the case of serious legal action

JD Supra Law

Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling. The questions all concerned the issue of forfeiture due to acquiescence.

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TAMU Copyright Infringement — No Liability

Patently-O

by Dennis Crouch. Canada Hockey LLC (Michael Bynum) v. Texas A&M University (Supreme Court 2022). E. King Gill started the TAMU Aggie’s “12th Man” tradition back in 1921 by coming down from the stands back ready to step-in and play after a player injury. Michael Bynum spent over 1,500 hours preparing a book on Gill. The book included a short biography of Gill written by Whit Canning (under a work-made-for-hire agreement).

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The “Luxury” of Trademark Protection Crosses an Unknown Frontier

JD Supra Law

The Lanham Act is seventy-six years old. Can it be applied effectively in a world coming to grips with non-fungible tokens? A lawsuit involving the luxury brand Hermès gives us a glimpse into a skirmish that is very much of the moment.

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Racial and ethnic equity in US higher education: Students and faculty

McKinsey Operations

Most non-profit institutions have significant progress to make to reach their stated goals of representational parity.

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Exploring the "Sham Affidavit" Doctrine in Trade Secret Case Relating to Side-Switching Employee

JD Supra Law

Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior deposition testimony is held insufficient to create a genuine issue of fact. As explained by one court, the term.

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Elon Musk’s Fling with Sergey Brin’s Patent Expert Wife Triggers Nasty Divorce

IP Close Up

It being reported by several sources that Sergey Brin, Google founder and board member, has filed for divorce from his wife of four years, Nicole Shannon, Continue reading.

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Schweppes Case Ruling: When Is Parallel Importing Legitimate?

JD Supra Law

In the recent ruling handed down by the Israeli Supreme Court in Jafora Tabori Ltd. v. Ben Shlush Import and Export Ltd., the justices deliberated the tension between the legitimacy of the practice of parallel importing and protecting the rights of the owner of the Israeli “Schweppes” trademark. By: Barnea Jaffa Lande & Co.

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The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality

Michael Geist

The Supreme Court of Canada’s latest copyright decision – SOCAN v. Entertainment Software Association – affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted

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WDTX Ends Albright's Patent Grip With Random Assignments

IP Law 360

Under a new policy announced Monday, patent cases filed in Waco, Texas, will be randomly assigned to one of 12 judges in the Western District of Texas in order to "equitably distribute" them, effectively shutting down Judge Alan Albright's vast and widely criticized patent docket.

Patent 75
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InformaConnect pharma events return with IPKat readers’ discount

The IPKat

Networking at a Katconference The IPKat has received news that InformaConnect is organizing two pharma-focussed events this Autumn and is offering IPKat readers a 15% discount in the registration fee. They are: The Pharma Law Academy and Competition Law in the Pharma Sector. Here are more details: Pharma Law Academy Scheduled to take place from 5 to 9 September 2022 on the premises of Downing College, University of Cambridge, the Pharma Law Academy is an intensive 5-day course.

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3 Days Before Trial, Apple Settles Koss Patent Suit

IP Law 360

Headphone maker Koss Corp. has agreed to drop its patent lawsuit against Apple over the tech giant's Beats and AirPods brands of wireless audio devices, just three days before a jury trial was set to begin in the Western District of Texas.

Patent 75
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USPTO Updates Trademark Manual of Examining Procedure

JD Supra Law

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO. This Manual, called the Trademark Manual of Examining Procedure (“TMEP”) is frequently updated to ensure it….

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Countersuit Tossed In Hemp Harvesting Machine Dispute

IP Law 360

A Canadian engineering firm can't countersue an Ohio-based agricultural device manufacturer for sending cease-and-desist letters that accused it of trade secret theft related to designs for a cannabis trimmer, a federal judge has ruled, citing the First Amendment.

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Washington, DC’s Non-Compete Bill Revised Again

Trading Secrets

The ongoing saga of Washington, DC’s expansive non-compete bill appears to be nearing its end, as the DC Council recently scaled back the originally passed “D.C. Ban on Non-Compete Act of 2020.” While the amended law still imposes significant restrictions on non-compete agreements for employees living or working primarily in DC, the most recent revisions are a step away from the near-total ban on non-competes that the Council originally passed.

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Law360's Diversity Snapshot: What You Need To Know

IP Law 360

As many law firms have renewed their commitments to diversity, the task of the past year has been to bring new energy to the work and put those promises into action. Here's our data dive into minority representation at law firms in 2021.

Law 75
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Sitting On A Gold Mine

LexBlog IP

Sitting On A Gold Mine. Posted on July 25, 2022. Any moderately successful business most likely has valuable intellectual property that it may not even be aware of. A business should, however, be aware of, and inventory, its intellectual property. Why? Several reasons: First, knowing what you have is the first step toward properly protecting it. Second, knowing what you have allows you to document the value of the business when you decide to sell.

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How Lawyers Can Benefit From TikTok Without Being 'Cringe'

IP Law 360

TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

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Lyrical Evidence: The Case Against Young Thug and Gunna

LexBlog IP

By: Molly Mitchell. Two of rap’s most popular artists, Jeffrey Lamar Williams (“Young Thug”) and Sergio Kitchens (“Gunna”) , were recently indicted by the Fulton County District Attorney for conspiracy to violate Georgia’s Racketeer Influenced Corrupt Organizations Act (“RICO”). Both artists were indicted along with 27 others in Fulton County on May 8 for the alleged acts of Young Slime Life (“YSL”), an alleged gang that prosecutors hol

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Patent Poetry: Typo Can’t Be Used to Prove Obviousness

JD Supra Law

The Federal Circuit has held that a transcription error in a prior art document wouldn’t have been relied on by a person of ordinary skill in the art (POSITA) and thus couldn’t be used to prove obviousness.

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Metaverse, Forgery and NFTs

Olartemoure Blog

The Metaverse and the NFTs are the present and they are negotiated, generate money and finally they bring a user experience never seen before. Brands and artists who produce original works are doing impersonators and counterfeiters a favor by refusing to enter the Metaverse and use NFTs. If you are not sure of how it works and are not an artist, or a brand owner, creating an NFT is useful, even if not for sale.