Tue.Mar 28, 2023

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3 Count: Not the Rock

Plagiarism Today

Movie/TV studios reach settlement in pirate site case, Chinese authorities shutter anime site and GTA 6 leaks result in copyright notices. The post 3 Count: Not the Rock appeared first on Plagiarism Today.

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Sony Music Has Serious Concerns About AI-Synthesized Vocals

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted ? And can an AI be trained on copyrighted works without limitation? Before ChatGPT and other AI tools started to dominate the news, the music industry had already shared its concerns over the potential threats posed to its busi

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The Bizarre Battle Over Dark and Darker

Plagiarism Today

A battle between two South Korean video game developers has been going on for nearly two years and has taken some very wild turns. The post The Bizarre Battle Over Dark and Darker appeared first on Plagiarism Today.

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China Gains on Top Filers at European Patent Office

IP Watchdog

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index showed that U.S. patent applications numbered 48,088, a 2.9% increase from 2021. However, China's filings jumped by 15.1% over 2021, keeping it in fourth place out of the top five countries of origin for applications and narrowing the gap between it and Japan, the number three filer.

Patent 132
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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 Latest Bill C-11 Debate: Sacrificing Freedom of Expression for Quebec Culture Lobby Support

Michael Geist

The Bill C-11 debate continued for hours in the House of Commons yesterday with a dispiriting discussion featuring MPs from all sides ignoring or exaggerating the implications of the bill. The debate often seemed to gravitate to two polar opposites: either the bill is China or North Korea-style censorship or it has no implications for freedom of expression and the regulation of user content.

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MPA, Amazon & Apple Win $30m in Damages Against Pirate IPTV Services

TorrentFreak

Operators of pirate IPTV services in the United States risk prison sentences and civil copyright infringement lawsuits when things don’t go to plan. The recent 66-month sentence handed to YouTuber ‘Omi in a Hellcat’ is one example with a particularly hefty price tag – $30+ million in restitution. IPTV services operated by Texas resident Dwayne Johnson weren’t as big or as profitable, but certainly important enough for Hollywood to step in with overwhelming resources

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Apple Can Call CEO Cook For Rebuttal In Trade Secrets Trial

IP Law 360

A California federal judge overseeing the trial next week in Masimo Corp.'s trade secrets suit against Apple ruled Tuesday that the tech giant can call its chief executive officer, Tim Cook, as a rebuttal witness if Masimo argues that Apple engaged in so-called smart recruiting to misappropriate trade secrets.

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What is a trademark reexamination?

Patent Trademark Blog

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. A cancellation proceeding is like a mini-lawsuit where the challenger and the registration owner engage in an adversarial case much like litigation. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

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The Scope of Eligibility

JD Supra Law

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage Intacct, Inc., however, the Federal Circuit made a ruling that should give parties pause before moving, particularly in cases where the operative pleading only contains a subset of patent claims.

Patent 98
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Rate reset presents banks with IRRBB challenge

McKinsey Operations

By focusing on six key areas, banks can more accurately manage rising interest rates and credit spread risk across business lines, meet regulatory demands, and create competitive advantage.

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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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Artificial Intelligence Briefing: Senate Committee Hears Testimony on Algorithmic Transparency, Accountability

JD Supra Law

Our latest briefing dives into the Senate’s exploration of transparency and accountability to prevent bias in algorithmic decision systems, new guidance from the U.S. Copyright Office regarding works including content generated with AI technology, and a warning from the FTC for companies who may be overpromising what their AI products or services can deliver.

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CCC to Host Virtual Town Hall on ChatGPT and Information Integrity

Velocity of Content

CCC will present a Town Hall discussion via LinkedIn live on 30 March at 11:00 a.m. EDT/16:00 BST/17:00 CEST that will address the questions, “What is the evolving nature of originality and authenticity?” And “What place do human expertise and empathy have when machines provide information?” Speakers include Mary Ellen Bates, Bates Information Services ; Steven Brill, NewsGuard ; Tracey Brown, Sense about Science ; Gina Chua, Semafor ; and Gordon Crovitz, NewsGuard.

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Another Group of Law Professors File Amicus Brief in Amgen v. Sanofi

JD Supra Law

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. § 112(a). While these circumstances themselves might motivate amici to file briefs with the Court to weigh in on the Question Presented, the Federal Circuit's trend in recent years to apply more tightly the strictures of Section 112 to chemical and biotechnology.

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Adding Another Axis to the Qualification Matrix—Products

Christopher Roser

In my last two posts I talked about the qualification matrix, where you match the skills of your people to the skills needed for your business. This can be expanded with another axis, as for example the skills needed for certain products. This connects your people to your products through skills. It is also more. Read more The post Adding Another Axis to the Qualification Matrix—Products first appeared on AllAboutLean.com.

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The Supreme Court Arguments on ?Enablement in Amgen v. Sanofi

JD Supra Law

The oral arguments at the Supreme Court in Amgen v. Sanofi did not make the ultimate decision clear but did clarify many of the likely issues to be addressed.

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How medtechs can meet industry demand for omnichannel engagement

McKinsey Operations

A McKinsey survey of more than 1,900 medtech leaders shows that their customers want more omnichannel engagement. We describe five ways medtech companies can respond.

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IP Lawyer vs. ChatGPT: Top 10 Legal Issues of Using Generative AI at Work

JD Supra Law

My mom says you should read science-fiction if you want to know what the future will look like. In her 50+ years as an avid reader of the genre, she has seen things once considered preposterous materialize into reality. Her assessment of ChatGPT and other generative AI is that it is coming for us all.

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Lessons in leadership: Transforming struggling US K–12 schools

McKinsey Operations

Former Washington, DC, school chancellor Kaya Henderson sat down with McKinsey to share her insights for improving enrollment and student outcomes in struggling K–12 public school systems.

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Three Takeaways When Registering Your Copyright in an AI-Assisted Work

Copyright Alliance

It seems that all over the news, Artificial Intelligence (AI) dominates the headlines. Copyright is no exception. Given its recent focus on the scope of copyright in an AI-assisted work […] The post Three Takeaways When Registering Your Copyright in an AI-Assisted Work appeared first on Copyright Alliance.

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The McKinsey Crossword: Pasta Perfect | No. 121

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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An Overview On The Concept Of Dilution Of Trademark

IP and Legal Filings

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. The issue of whether a well-known trademark has been diluted is distinct from the issue of whether it has been violated, that is, if the illegal use is likely to lead to consumer confusion (though trademark owners often allege both dilution and infringement together when enforcing famous trademark right

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Stanford Law Protest Highlights Rise Of Incivility In Discourse

IP Law 360

The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

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Net-zero underwriting in P&C and the growth at stake

McKinsey Operations

P&C insurers need to position themselves to capture net-zero transition growth opportunities. Whether by setting net-zero commitments or responsibly steering the portfolio, the time to act is now.

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Full Fed. Circ. Won't Touch Activision's Patent Win

IP Law 360

A Texas video game developer failed on Tuesday to interest any judges on the Federal Circuit in reviving the company's patent case against Activision Blizzard, despite arguments that the appeals court has "essentially eviscerated" the meaning of a phrase in a patent that the developer says was deliberately left open-ended.

Patent 75
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‘The Playlist’ Series on Netflix Dramatizes the Rise and Imagined Fall of Spotify

IP Close Up

The Playlist, a fictionalized account of the ascent of Spotify, the most popular if not most successful music streaming service, that looks forward to how Continue reading

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50 Cent Settles False Advertising Suit With Fla. Medical Spa

IP Law 360

A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on social media to promote the business' services without his authorization.

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District Court Rules Internet Archive’s Open Library Project is Not Fair Use

IP Tech Blog

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense.

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TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTABlog

The Board has affirmed 36 of the first 38 Section 2(d) refusals that it reviewed this year. Here are three more. At least one was reversed. How do you think these three cases came out? [Results in first comment]. In re 77 Enterprises LLC , Serial No. 87639234(March 24, 2023) [not precedential] (Opinion by Judge Marc A Bergsman) [Section 2(d) refusal of 77 SPORTBAR for “bar and restaurant services, namely providing of food and beverages for consumption on the premises; restaurant and sports bar s

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The Brandeis Brief in Patent Cases

Patently-O

by Dennis Crouch Louis D. Brandeis was a famous lawyer long before becoming a Supreme Court Justice. In the 1908 case of Muller v. Oregon , Brandeis represented the State of Oregon defending the state’s rule restricting the number of hours that women could work in certain industries. In defense of the law, Brandeis filed a brief that presented social science research and empirical evidence to support the argument that long working hours had negative effects on women’s health and fam

Patent 61
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ase Study: Zarya of the Dawn—When Human Authorship Exists in AI Generated Works (and When It Doesn’t)

LexBlog IP

On March 16, 2023, the U.S. Copyright Office issued guidance on how it considers applications for works containing expressive material generated by artificial intelligence (AI).

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National Law Journal: Why the Supreme Court Should Reject Attempts to Monopolize a Therapeutic Target

Bio Law Blog

Head of Life Sciences Irena Royzman authored an article in the National Law Journal titled “Why the Supreme Court Should Reject Attempts to Monopolize a Therapeutic Target” on March 24, 2023. The article explains that broad functional patent claims hurt innovation, hurt the investment community and hurt patients when we need real solutions and new therapies.

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Allergan Drops Willfulness Allegation In Eyelash Drug Suit

IP Law 360

Duke University and Allergan on Tuesday abandoned their allegation that Sandoz willfully infringed Duke's patent for eyelash growth drug Latisse, with a lawyer for Duke and Allergan stating that the issue had "become the tail wagging the dog" in the case.

Patent 52
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Does Anyone Here Have A Sense Of Humor, Redux: Jack Daniel’s v. VIP Oral Argument

LexBlog IP

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. v. VIP Products LLC. As we previously blogged , the issues presented in the care are: 1. Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims. 2.

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BMI Wins Higher Concert Copyright Royalties At Bench Trial

IP Law 360

A New York federal judge ruled on Tuesday that Broadcast Music Inc. deserves higher copyright royalties from the North American Concert Promoters Association for live concerts, finding a rate increase and expansion of the gross revenue base is a reasonable update to the longstanding agreement between the entertainment giants.

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Paralegal Insights: A Collaborative Trademark Practice, Series 3

JD Supra Law

What is necessary to show use of the mark with products? What to know about Class 9 product specimens? What to know about software specimens? Tune into the latest episode of Trending Now - An IP Podcast with Janet Cho and Elizabeth Davenport to learn more about “mastering the product specimen.”.

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