Wed.May 25, 2022

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Why You Can’t Make Someone Else’s Words Your Own

Plagiarism Today

The Jumi Bello plagiarism scandal became a national news story due to the meta-nature of the plagiarism. Any story about a plagiarism apology being pulled for plagiarism is going to make headlines, doubly so for plagiarizing from a site named Plagiarism Today. . But, as I said in my final thoughts on the case , the story is actually much deeper and raises much bigger questions.

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Trademarks: Prior Preparation Prevents Poor Performance

Erik K Pelton

Prior Preparation Prevents Poor Performance in the world of trademarks ; a lot can be done prior to submitting a trademark application at the USPTO to ensure the best chances of success. The post Trademarks: Prior Preparation Prevents Poor Performance appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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3 Count: Patchwork Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Federal Oracle-HP copyright fight kicks off in Silicon Valley. First off today, Natalie Hanson at Courthouse News Service reports that a trial between Oracle and Hewlett Packard (HP) has begun as Oracle accuses HP of infringing their rights to a variety of patches for the Solaris operating system.

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France is Fighting Piracy and Keeping it Alive at the Same Time

TorrentFreak

At the start of this year, a new bill went into effect in France that created a new regulatory body. The old HADOPI anti-piracy outfit merged with the Higher Audiovisual Council, creating the Audiovisual and Digital Communication Regulatory Authority ( Arcom ). In addition to the organizational change, the anti-piracy outfit was given new powers as well.

Copyright 138
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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 Unrecognizable Bill C-11: The Online Streaming Act Comes to the Heritage Committee

Michael Geist

The Standing Committee on Canadian Heritage yesterday held the first of four planned day-long hearings on Bill C-11, the Online Streaming Act. Over the course of five hours, the committee heard from about a dozen witnesses. I was included on the opening panel and used my opening remarks to focus on two key issues: Bill C-11’s regulation of user content and its overbroad regulatory approach and the need for greater certainty.

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Blizzard: No Piracy Filters? That’s Evidence of Intentional Infringement

TorrentFreak

This week marked the 10th anniversary of Google’s important decision to begin publishing DMCA takedown notices sent to the company. Over the last decade, online platforms including Twitter, Wikipedia, Medium and Github joined this transparency movement by submitting their notices to the Lumen Database. This archive not only allows rightsholders to monitor trends relevant to them, but also shines light on how copyright can be abused to impede the free flow of information.

More Trending

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Outgoing New Zealand Rugby President Bill Osborne on strategy and leadership

McKinsey Operations

The outgoing president of New Zealand Rugby discusses how his Maori background and time playing for the All Blacks have shaped his business career.

Business 117
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The WIPO Files II: is international lawmaking on copyright still possible?

Kluwer Copyright Blog

Image by Ag Ku via Pixabay. The 42nd session of the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright and Related Rights (SCCR) took place from 9 to 13 May 2022 in Geneva. This was the first time since the COVID-19 pandemic started that most of the delegates were reunited in person. In 2020 and 2021, the Committee held hybrid format sessions of online and in-person participation, with most of the delegations attending remotely.

Copyright 105
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Reaching net zero—what will it take?

McKinsey Operations

The quest for sustainability requires action on many fronts, with changes to supply networks, manufacturing processes, and business models.

Business 115
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Protecting Your IP in the Metaverse

JD Supra Law

“Danger, Danger Will Robinson!” That was the warning of the guardian robot in the 60’s television show, Lost in Space. Intellectual property lawyers are giving similar warnings when it comes to protecting intellectual property assets in the Metaverse.

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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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Slant on The Slants

Likelihood of Confusion

Everybody can have an IP blog. But hardly anybody, it seems, is prepared to do the work required to blog. I refer now to the decision in The Slants case, The post Slant on The Slants appeared first on LIKELIHOOD OF CONFUSION™.

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Solicitor General Provides Government Views in American Axle & Mfg. Inc. v. Neapco Holdings Co.

JD Supra Law

The faintest glimmer of hope crept over the clouded patent law horizon today, when the Solicitor General provided the government's views to the Supreme Court in an amicus brief in American Axle & Manufacturing, Inc., Petitioner v. Neapco Holdings LLC. A simple synopsis is provided in the first sentences of the Discussion section of the brief: "The court of appeals held that claim 22 of the '911 patent, which claims a method of manufacturing automobile driveshafts that uses specific mechani

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A new kind of IP strategy to maximise digital business capability

IAM Magazine

Strategic planning of data access, contract and IP-based control points, and its operational execution (IP StratOps) is an essential mechanism that can pay handsome dividends, argue Jens Bördin and Robin Sparrefors.

IP 96
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Considerations for Applying to Register Trademarks in Connection with Virtual Goods and Services ? An Overview on Protecting Your Brand in the Metaverse

JD Supra Law

Due to the sheer volume of recent media coverage, readers of this blog are likely familiar with the “metaverse,” or the idea of a virtual world where users can interact with an immersive computer-generated environment, objects, and other users. But why does anyone care about trademarks in the metaverse?

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PTAB on Eligibility: Four Recent Decisions

Patently-O

Ex parte Gillam, APPEAL 2021-002217, 2022 WL 1641777 (Patent Tr. & App. Bd. May 20, 2022) (RPI – Texas Instruments). [ 2021002297_Mail_Decision ]. 9. A method for evaluating a generalized rational function on a handheld graphing calculator, the method comprising: determining, by a processor of the handheld graphing calculator, whether or not the generalized rational function has at least one asymptote; and. displaying, by the processor, the at least one asymptote on a display screen wh

Patent 99
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Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

JD Supra Law

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how courts might assess trademark rights in connection with NFTs and digital products.

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A better way to drive your business

McKinsey Operations

Integrated business planning is a well-known process, particularly among supply chain leaders. But in most companies, P&L owners are missing out.

Business 104
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Optimizing Research to Drive Food Innovation and Organizational Success

Velocity of Content

Recently, I had the pleasure of joining CCC and a panel of leading R&D experts including Amenah Ibrahim , principle of AI R&D Project Management Services, LLC., and Jeff George , SVP of Corporate R&D for Hain Celestial, for a discussion on the state of research in food and beverage organizations. Here are some of our key insights on how research best practices can help streamline innovation, discovery, compliance, collaboration and responsiveness across the R&D organization.

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Mobile wallets: Southeast Asia’s new digital life hack

McKinsey Operations

Mobile-payment wallets have taken the Southeast Asian payments sector by storm, but where next for this groundbreaking technology? Three leaders in the field share their insights.

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Proctorio v Linkletter – Part 2

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . To read part 1 of this article, click here. In September 2020, Proctorio filed a lawsuit against former UBC employee and Open Education Librarian Ian Linkletter for tweeting links to Proctorio’s Help Centre YouTube videos for instructors and taking a screenshot of the website.

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EPO workshop to provide users with "more certainty" on description amendments

The IPKat

There has been a ream of recent decisions from the EPO Boards of Appeal on whether the requirements in the Guidelines for Examination on description amendments has legal basis in the EPC ( IPKat ). The significance of the two decisions finding a lack of legal basis for the description amendment requirement ( T 1989/18 and T 1444/20 ) has been questioned in light of the opposing case law.

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Call for 2022 Sustainability, Energy, and Environmental Ambassador Nominations

U.S. Department of Commerce

Call for 2022 Sustainability, Energy, and Environmental Ambassador Nominations. May 25, 2022. ASowah@doc.gov. Wed, 05/25/2022 - 08:26. The photo above was submitted by Lydia Wasmer, NOAA, in the 2022 Earth Day Photo Challenge. The Department of Commerce is calling for nominations for the fifth annual Sustainability, Energy, and Environmental (SEE) Ambassadors program.

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Recap! The Sedona Conference on Trade Secrets (Working Group 12) in Denver

Trading Secrets

Robert Milligan, Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes group, and associate Alex Meier recently attended the Sedona Conference on Trade Secrets (Working Group 12) in Denver, Colorado. Working Group 12 seeks to aid judges and practitioners in developing consensus-based guidelines for managing trade secret litigation and protecting trade secrets.

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Patent Search and its Types in India

Kashishipr

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process.

Patent 78
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PTAB Mulls Whether It Erred In Apple Headphone IP Fight

IP Law 360

During a hearing Wednesday in Apple's challenge to a Koss Corp. wireless headphone patent, the Patent Trial and Appeal Board asked for more briefing on whether two earlier decisions denying inter partes review of a related Koss patent dooms this IPR as well.

IP 75
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CAFC Affirms PTAB Ruling on Motivation and Expectation of Success Over Newman’s Dissent

IP Watchdog

On May 23, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) from an inter partes review (IPR) proceeding where the PTAB concluded that the challenged claims of U.S. Patent No. 9,844,379 B2 (the ‘379 patent) were unpatentable as obvious. Ethicon on appeal contended that the PTAB improperly placed the burden of proof on them and that the PTAB’s finding of reasonable expectation of success when the asserted prior art was combin

Art 69
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BREAKING: Biden Taps Judge Pan To Replace Jackson On D.C. Circuit

IP Law 360

President Joe Biden nominated three women to fill circuit court vacancies Wednesday, including picking U.S. District Court Judge Florence Y. Pan to replace soon-to-be Supreme Court Justice Ketanji Brown Jackson on the influential D.C. Circuit.

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Federal Circuit Continues Transfer Trend, Orders Gilstrap to Send Google and Samsung Cases to Northern California

IP Watchdog

On May 23, the U.S. Court of Appeals for the Federal Circuit issued an order in In re: Google, LLC granting petitions by Google, Waze and Samsung seeking writs of mandamus to direct the Eastern District of Texas to transfer a trio of patent infringement suits brought by patent owner AGIS Software Development to the Northern District of California. Although the Federal Circuit’s order is non-precedential, it continues the appellate court’s recent penchant for exercising mandamus relief in venue i

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Lateral Candidate Screening Steps To Prevent Bad Behavior

IP Law 360

Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

Law 75
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Lex Machina Lists Fish & Richardson as Most Active Firm for Defendants and at the PTAB

Fish & Richardson Trademark & Copyright Thoughts

Lex Machina recently released its 2022 Patent Litigation Report, which identifies trends in federal district court, in federal courts of appeals, and at the Patent Trial and Appeal Board (PTAB). The report placed Fish & Richardson at the top of the list of firms representing defendants in patent litigation, as well as the list of the most active firms at the PTAB.

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A missing piece to maximise digital business capability

IAM Magazine

Strategic planning of data access, contract and IP-based control points, and its operational execution (IP StratOps) is an essential mechanism that can pay handsome dividends, argue Jens Bördin and Robin Sparrefors.

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Division and Conversion – the Continuing Life of the Australian Innovation Patent

LexBlog IP

In the Patents chapter of its recently-published 2022 IP Report , IP Australia provides the usual annual filing statistics for 2021. According to the report, there were 23,371 Australian standard patent applications filed as National Phase Entries (NPEs) from international applications under the Patent Cooperation Treaty (PCT), 9,026 standard applications filed directly in Australia, making up a record total of 32,397 new standard applications.

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SEP and FRAND discussions take centre-stage at IAM’s Auto IP USA

IAM Magazine

Delegates in Detroit from OEMs and suppliers were focused on the transformation of their industry and SEP licensing debates, just after Ford received a German injunction in a suit filed by an Avanci licensor.

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JSR Life Sciences Launches New “Similis Bio” Business Division to Accelerate Biosimilar Development

LexBlog IP

JSR Life Sciences recently announced its launch of a new business division, “Similis Bio,” intended to help biosimilar drug developers “improve the efficiency and cost of biosimilar development.” Specifically, Similis Bio will offer analytical and process development data that developers can use to “determine an appropriate biosimilar target, accelerate early program development, and reduce analytical costs.” Similis Bio also intends to facilitate the developm

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Three Trademark Case Studies About Protecting Your Brand

JD Supra Law

A trademark is an intellectual property right that protects a company’s brand. The idea is to allow a producer of goods or services to distinguish their goods or services from those of a different producer. If you purchase a hamburger that comes in a bag with the McDonald’s arches on it, you know that burger came from McDonald’s, not Wendy’s.