Wed.Nov 16, 2022

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Lessons from DeviantArt’s AI Debacle

Plagiarism Today

Last week, DeviantArt announced the launch of its new artificial intelligence (AI) art creation tool , DreamUp. However, that launch was not greeted the way that they had hoped. Rather than excitement, DeviantArt’s DreamUp was greeted with user backlash. Many users took to Twitter, in addition to forums on DeviantArt itself, to express their frustration and to condemn the new tool.

Artwork 209
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Digital twins: Flying high, flexing fast

McKinsey Operations

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

Designs 138
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Trending Sources

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3 Count: Unicolors Redux

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ninth Circuit Affirms Validity of Unicolors’ Copyright Registration on Remand, But H&M Scores Big on Remittitur Calculations. First off today, Steve Brachmann at IPWatchdog reports that the Ninth Circuit Court of appeals has affirmed the validity of Unicolors’ copyright registration but handed H&M a key victory when it comes to potential damages.

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ACE Takes Aim at 9anime, Soap2day, Flixtor & Other High-Profile Piracy Targets

TorrentFreak

There’s no denying the many victories of the Alliance for Creativity and Entertainment ( ACE ) over the past few years. The anti-piracy group, which represents the major Hollywood studios and other prominent rightsholders such as Apple, BBC, Canal+, Sky, and Netflix, systematically hunts down key piracy players. ACE is well-connected with law enforcement agencies worldwide and continues to expand with the addition of new members.

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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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[Guest post] French ruling on transposition of the principle of appropriate and proportionate remuneration

The IPKat

The IPKat is pleased to host this guest contribution by Katfriend Ludovico Bossi (Tavella Studio di Avvocati) on yesterday’s decision of the French Council of State, which found the French transposition of Article 18 of the DSM Directive [IPKat posts here ] … inappropriate. Here’s what Ludovico writes: French ruling on transposition of the principle of appropriate and proportionate remuneration by Ludovico Bossi Yesterday, by Decision n° 454477 , the French Conseil d’État stated that Directive (

Contracts 123
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U.S. Registrars Failed to Disable Pirate Site Domains, Judge Orders Action

TorrentFreak

India began blocking websites in the late 1990s and even today sites are blocked with no explanation. Just this week, VLC’s website was unblocked by ISPs after months in the dark but why it was blocked at all remains a mystery. For at least the last decade , India’s courts have also authorized injunctions that compel local ISPs to block domains linked to alleged copyright infringement.

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Artificial Intelligence Patenting: Top Challenges and Key Considerations

JD Supra Law

In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications.

Patent 108
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In His Own Words: CRTC Chair Ian Scott on Bill C-11

Michael Geist

As noted in yesterday’s post on CRTC Chair Ian Scott’s upcoming Bill C-11 appearance before the Senate Standing Committee on Transport and Communications, sources indicate that Scott requested the re-appearance in order to “clarify” his earlier remarks. Since those remarks were themselves a clarification of an earlier clarification, there is seemingly no end to Scott’s willingness to try to downplay the regulating of user content provisions that are plainly included in the bill.

Music 100
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How North American natural gas could alleviate the global energy crisis

McKinsey Operations

North America has the potential to provide affordable natural gas that could address energy security and help decarbonization—here’s what it will take to do so.

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Supreme Court Denies Review of the Written Description Requirement

JD Supra Law

Just days after agreeing to review the scope of the enablement requirement in Amgen Inc. v. Sanofi, Aventisub LLC, the Supreme Court denied Juno Therapeutics, Inc.’s (Juno) request to review the scope of the written description requirement. Interestingly, both cases involved similar questions – whether the respective portion of 35 U.S.C. §112(a) is governed by the statutory language or whether enablement and written description apply to the “full scope” of the claimed invention.

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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 current uncertainty over duration of patent rights in Ukraine

The IPKat

In early March 2022, the Ukrainian IP Office (which, in addition to war, is undergoing an institutional reform) issued a notice , informing the parties that the Office’s activities were not interrupted by war. It also informed applicants who reside or are domiciled in Ukraine that they could rely on the force majeure certificate from the Ukrainian Chamber of Commerce as a justification for missed deadlines.

Patent 94
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Food for thought: complexities behind protecting food-related intellectual property in India

IAM Magazine

The lack of specific trade secret legislation and definition of a ‘fixed form’ in India presents challenges to how edible creative work can be protected.

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Governments can deliver exceptional customer experiences—here’s how

McKinsey Operations

Our US State of the States benchmark provides insights for newly elected and second-term administrations on how to deliver better services, operate more effectively, and win back public trust.

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Masimo Prevails As Judge Rules Ex-Exec Took Trade Secrets

IP Law 360

A California federal judge ruled in an opinion released Wednesday that the former chief technology officer of a company spun off from Masimo Corp. misappropriated its trade secrets on devices that measure oxygen in the blood and used them in products at his new company.

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Forward Thinking on the fragility of the world’s food systems and how to fix them with Jessica Fanzo

McKinsey Operations

Many people think that hunger and climate change happen to poor people in faraway countries and won’t affect them, says a leading food systems expert. “But that is a naïve perception of the world.”.

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E-Book Library Operators Ripped Off Authors' IP, Feds Say

IP Law 360

Two Russian nationals have been arrested on charges of criminal copyright infringement, fraud and money laundering for allegedly operating the now-shuttered unlicensed e-book network Z-Library, New York federal prosecutors announced Wednesday.

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A different space race: Raising capital and accelerating growth

McKinsey Operations

As innovation accelerates within the space sector, companies may benefit by taking a disruptor’s mindset to accessing and deploying capital.

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In Pfizer Win, PTAB Says Rival's Gene Therapy Wasn't New

IP Law 360

The Patent Trial and Appeal Board has sided with arguments from Pfizer that two of a rival's patents covering a new kind of experimental gene therapy to treat hemophilia failed to contain any new ideas at all.

Patent 75
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Global Insurance Report 2023: Reimagining life insurance

McKinsey Operations

The global life insurance industry is facing an inflection point. A fundamental reimagination will usher in significant change.

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LinkedIn Can't Dodge Data Scraper Co.'s Information Suit

IP Law 360

A California federal judge rejected LinkedIn's bid to escape a suit from data scraping firm 3taps Inc. seeking a declaration it can legally use the information users post on the job networking website, saying Tuesday the complaint plausibly alleges LinkedIn threatened to take legal action against 3taps.

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Integrated profit management during inflation: Lessons for aerospace and defense

McKinsey Operations

In the second article in our series about the inflation challenges within the defense industry, we discuss how a cross-functional outlook can help companies develop the most effective strategies for managing inflation.

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New USPTO Program Aims To Boost Female Entrepreneurs

IP Law 360

The U.S. Patent and Trademark Office and the Department of Commerce announced an initiative on Wednesday intended to support female entrepreneurs, providing advice and resources to help them find funding, protect their intellectual property and expand their access to mentorship.

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Warhol’s ‘Orange Prince’ Brought to Court: Part 1 (Arguments from the Andy Warhol Foundation)

IPilogue

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. Over 3 years have passed since New York’s District Court reversed a ruling in the matter of Andy Warhol’s “Orange Prince”, and the ripples of the case have finally made their way up to the Supreme Court. On Wednesday, October 12th, 2022, the judges of the US Supreme Court heard oral arguments from both sides, and considered whether Warhol’s infamous 16 Prince silksc

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Best Practices for Technology Arbitrations

JD Supra Law

Technology disputes are often quite complex, and they frequently require a speedy and cost-efficient resolution. Some organizations are adopting special rules for technology arbitrations, while others rely on their comprehensive rules with expedited procedures, managed by an experienced arbitrator with expertise and managerial skills to can control the proceedings and work with the parties to implement a flexible resolution process that suits the dispute.

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Seyfarth’s Trading Secrets Blog #1 in FeedSpot’s Top 10 Trade Secrets Blogs

Trading Secrets

We are pleased to announce that our Trading Secrets blog was included as the top blog in FeedSpot’s Top 10 Trade Secrets Blogs. According to FeedSpot, the list was created “from thousands of blogs on the web and ranked by traffic, social media followers, domain authority & freshness.” FeedSpot listed Robert Milligan, Dawn Mertineit, Alex Meier, Eric Barton, Justin Beyer, James Yu, Jesse Coleman, Owen Wolfe, Kevin Green, Dallin Wilson, Dan Hart, Caitlin Lane, Kate Perrelli, Matt Simmons, Rob

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ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rules

IP Tech Blog

The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in U.S.

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Fed. Circ. Asked To Bar Del. Patent Suit Funding Probes

IP Law 360

A patent owner has asked the Federal Circuit to order a Delaware federal judge to vacate his new standing order that probes whether patent owners accurately disclosed who's funding patent litigation, arguing that the court's new practice is an "illegal and unprecedented crusade" to enforce its own patent policy.

Patent 52
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Seyfarth’s Trading Secrets Blog #1 in FeedSpot’s Top 10 Trade Secrets Blogs

LexBlog IP

We are pleased to announce that our Trading Secrets blog was included as the top blog in FeedSpot’s Top 10 Trade Secrets Blogs. According to FeedSpot, the list was created “from thousands of blogs on the web and ranked by traffic, social media followers, domain authority & freshness.” FeedSpot listed Robert Milligan, Dawn Mertineit, Alex Meier, Eric Barton, Justin Beyer, James Yu, Jesse Coleman, Owen Wolfe, Kevin Green, Dallin Wilson, Dan Hart, Caitlin Lane, Kate Perrelli,

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The Long Arm of the Lanham Act? Supreme Court to Consider Foreign Reach of US Law

JD Supra Law

Circuit courts have struggled for decades to adopt a uniform approach for when to apply the Lanham Act extraterritorially. That struggle may end soon. In the Abitron Austria case, the Supreme Court is set to clarify the scope of the Lanham Act’s extraterritorial application. Abitron Austria GmbH et al. v. Hetronic Int’l Inc., Case No. 21-1043 (Supr.

Law 52
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ITC Denies Competing Motions for Sanctions For Failure to Comply with the Rules

LexBlog IP

The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in U.S.

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Robinson & Cole Opens DC Office In Continued IP Expansion

IP Law 360

Connecticut-based Robinson & Cole LLP has opened a Washington, D.C., office with the hiring of four attorneys and a patent agent and tapped a longtime intellectual property partner who spent the last eight years practicing patent law at Michael Best & Friedrich LLP for its leader.

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Enhanced RightFind Cite It Now Available for Mac Users

Velocity of Content

CCC recently announced that RightFind Cite It is now available for Mac users. RightFind Cite It is CCC’s easy-to-use reference management tool that automatically formats bibliographies directly within Microsoft Word with the style and citations its customers use, saving manual work and time. It is part of RightFind Enterprise , the fastest way to find, manage, and collaborate on content – anytime, anywhere.

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Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

JD Supra Law

In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty (PCT) application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide adequate written description support.

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Why Germany is opposing the WTO’s decision to suspend patent protection

IAM Magazine

While WTO member states have expressed general sympathy for the goal to provide broad access to vaccine technology during the pandemic, Germany continues to favour patent protection over compulsory licensing.

Patent 52
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Energy Demand Response Programs and Patent Exposure

JD Supra Law

“Recently, demand response opportunities for residential customers have been expanding. Where these programs allow energy providers to directly control, through the internet, consumers’ smart thermostats and appliances, energy providers may be exposed to patent liability.”.

Patent 52