Tue.Feb 07, 2023

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Falsifying Attribution for a Bad Pun

Plagiarism Today

In 1948, a physicist added a name to a paper for the sake of a bad pun. However, the laughing got quiet when the paper's theory had issues. The post Falsifying Attribution for a Bad Pun appeared first on Plagiarism Today.

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Super Bowl LVII Trademark Preview

Erik K Pelton

The big game this Sunday features many trademark stories, from the quarterbacks to the Kelce Brothers, and much more. Listen as Erik breaks down the two teams, the players, and their trademarks, with apologies to inadvertently missed Rihanna, the halftime performer, and her great portfolio of marks for her music and her Fenty brand. The post Super Bowl LVII Trademark Preview appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147
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Agtech: Breaking down the farmer adoption dilemma

McKinsey Operations

Current macroeconomic conditions, consumer focus on sustainability, regulations, and changing business models could further drive farmers’ adoption of agtech products, if their concerns are addressed.

Business 134
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UK Govt: 3.9 Million People Illegally Streamed Live Sports in 2022

TorrentFreak

The UK Government’s Intellectual Property Office has published a new edition of its Online Copyright Infringement Tracker study. The annual survey aims to understand the piracy habits of citizens aged 12 and above. This is the 12th wave of the report and relates to consumption during 2022. The overarching trend is one of overall piracy rates remaining mostly static for the past six years but the details paint a more interesting bigger picture.

Music 131
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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 Beauty and Resistance of Black Poetry Throughout History

Copyright Alliance

Poetry has rung out across the nation throughout times of turmoil and injustice, galvanizing change and inspiring humanity through language. From the powerful social commentary of Langston Hughes to the […] The post The Beauty and Resistance of Black Poetry Throughout History appeared first on Copyright Alliance.

Copyright 127
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ParkerVision Settles with Intel in Judge Albright’s Court

IP Watchdog

In February 2020, ParkerVision filed a patent infringement lawsuit against Intel in Judge Alan Albright’s Waco, Texas, courthouse in the Western District of Texas. Only three years later, and through the pandemic, today, the case settled all pending matters. ParkerVision still has remaining patent infringement cases in process against TCL, LG, MediaTek and RealTek in Judge Albright’s court.

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Can ChatGPT Draft Patent Applications?

JD Supra Law

OpenAI's prototype of ChatGPT, released at the end of November 2022, drew rapid, widespread public attention for its ability to provide articulate, human-like responses across a wide variety of knowledge domains. Numerous articles have already explored large language models like ChatGPT and what they can and cannot do -- as well as the broad impact of such models on the legal profession.

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The Swiss Competition Commission Are Coming! Novartis Dawn Raid shows clash between patent exclusivity and anti-competitive behaviours

IPilogue

Meena Alnajar is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? When IP and competition clashes, authorities will step in to regulate as demonstrated in a recent dawn raid.

Patent 105
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Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction

SpicyIP

Delhi High Court came down heavily on Triveni Interchem Pvt. Ltd (Triveni) in a recent order (Pfizer v. Triveni) and imposed costs worth whopping 2 Crores on it for “ wilful and contumacious disobedience ” of the interim injunction order dated 21st October 2021, whereby the court had restrained Triveni from manufacturing and selling Palbociclib. The Crime Pfizer moved an application under Order 39 Rule 2A alleging that despite the injunction, Triveni was selling Palbociclib in different packag

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Artists Challenge AI Alleging Copyright Violations

JD Supra Law

Artificial Intelligence is rapidly changing the creative landscape. ChatGPT and other text generators can churn out realistic poems, essays, white papers, and other pieces of prose in response to simple commands or requests. Programs such as DALL-E, Starry AI and others can create works of art from simple instructions.

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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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Relevancy in Scientific, Medical, and Technology Search: Why Personalization Matters

Velocity of Content

The following is an excerpt from Accessing and Analyzing Relevant Content in Today’s Information Chaos. As consumers, we experience personalization daily via targeted online advertising while browsing or in our social media accounts. We see it in the shows and movies that Netflix and Amazon suggest to us and in the music that Spotify or Pandora recommends while we scroll through our playlists.

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D. Del.: Plaintiff’s Seeking Broader Construction in District Court Rather Than in Reexamination Does Not Preclude Reexamination Estoppel

JD Supra Law

In Victaulic Company v. ASC Engineered Sols., LLC, the District of Delaware ruled on summary judgment that ASC is estopped from asserting two obviousness grounds against a patent claim because it raised the same grounds in inter partes reexamination proceedings. At issue was whether pre-America Invents Act (AIA) reexamination estoppel under 35 U.S.C. § 315(c) applies even if the patent owner raises a different claim construction in district court than the USPTO applied during reexamination.

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The power of goodbye: How carve-outs can unleash value

McKinsey Operations

Separations can be a once-in-a-lifetime opportunity to create value for the remaining and separated companies. The secret? Get granular about support costs and personal about talent.

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New Class Action May Shed Light on the Transformative Nature of Generative AI Works of Art

JD Supra Law

The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of AI software that is used to generate visual works of art based on copyrighted images copied from the internet. The plaintiffs claim that defendants infringed their intellectual property by using these images to train the AI system and further allege that the images created.

Art 98
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A cloud migration in wartime

McKinsey Operations

Raiffeisen Bank Ukraine’s CTO discusses migrating to the cloud under the most traumatic conditions possible—a full-scale invasion of its country.

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Vanda Pharms., Inc. v. Teva Pharms. USA, Inc.

JD Supra Law

Case Name: Vanda Pharms., Inc. v. Teva Pharms. USA, Inc., Civ. No. 18-651-CFC, 2022 WL 17593282 (Dec. 13, 2022) (Connolly, J.) Drug Product and Patent(s)-in-Suit: Hetlioz® (tasimelteon); U.S. Patents Nos. RE46,604 (“the ’604 patent”), 10,149,829 (“the ’829 patent”), 9,730,910 (“the ’910 patent”), and 10,376,487 (“the ’487 patent”).

Patent 97
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Vidal’s Open Invitation to Extortionists is Not Helping the PTAB’s Perception Problem

IP Watchdog

The Patent Trial and Appeal Board (PTAB) has a well-earned and perfectly appropriate problem with perception, and U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal seems to be doing her level best to make that problem of perception even worse. It isn’t bad enough that petitioners do not owe the PTAB or the Office itself a duty of candor, but now they can stay in a case as a petitioner even if they are found to have engaged in extortion.

Patent 81
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Strategies for building US semiconductor fabs: Finding skilled labor

McKinsey Operations

The need to compete for skilled labor could delay fab construction in the United States, but some new strategies may help accelerate progress.

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Roundup Ready 2 Patent Litigation

Patently-O

Bayer CropScience v. Pierce, et al. (E.D. Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. But, the company now primarily sells Roundup Ready 2 – Xtend seeds for soybeans and cotton.

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In Latest OpenSky Order, Vidal Awards VLSI Attorney Fees, Restores OpenSky as Party to IPR

IP Watchdog

On Friday, February 3, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued an order in the ongoing Director Review of OpenSky v. VLSI, restoring OpenSky as a party to the inter partes review (IPR) and awarding reasonable attorney fees to VLSI as sanctions against OpenSky. Vidal had dismissed OpenSky from the proceedings in December after first merely relegating OpenSky to be a “silent understudy” to the proceedings.

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The Discipline George Santos Would Face If He Were A Lawyer

IP Law 360

Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

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Black History Month: A Leader in Supporting Diversity and Inclusion at the U.S. Census Bureau

U.S. Department of Commerce

Black History Month: A Leader in Supporting Diversity and Inclusion at the U.S. Census Bureau February 7, 2023 KCPullen@doc.gov Tue, 02/07/2023 - 12:33 By: LaTisha I. White, Risk Manager, Geography Division, U.S. Census Bureau To Whom Much is Given, Much is Required (Luke 12:48) Each year, Black History Month reminds me of the rich heritage, sacrifice and contributions of African Americans.

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Fed. Circ. Won't Pause Nimitz Probe For Appeal To High Court

IP Law 360

Nimitz Technologies LLC cannot get a pause on what it calls a Delaware federal judge's "inquisition" into its business practices while it appeals that investigation to the U.S. Supreme Court, the Federal Circuit ruled Tuesday.

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The power of goodbye: How separations can unleash value

McKinsey Operations

Separations can be a once-in-a-lifetime opportunity to create value for the remaining and separated companies. The secret? Get granular about support costs and personal about talent.

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Bank Defends Stewardship Of Thomas Hart Benton's Work, IP

IP Law 360

Missouri bank UMB defended its handling of Thomas Hart Benton's extensive art estate over the decades on Tuesday, telling a state judge that heirs are making speculative claims of neglected intellectual property rights and overstating conflicts in art sales.

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Policy Matters Podcast: FTC’s Crackdown on Non-Competes Through Agency Rulemaking

Trading Secrets

In an unprecedented move, the FTC has issued a Notice of Proposed Rulemaking that would render unenforceable all non-compete agreements currently in existence (with limited exception), and would bar employers from entering into any contract that that could conceivably prevent a worker from seeking or accepting certain employment, or operating certain businesses, after the conclusion of the worker’s employment with the employer.

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Harlem Globetrotters Say NBA Star Biopic Infringes 'Iconic' IP

IP Law 360

The Harlem Globetrotters said an upcoming film about the life of basketball legend Nat "Sweetwater" Clifton prominently features the team's iconic intellectual property without permission, alleging infringement that threatens "serious irreparable harm" to the brand, according to a suit filed in Georgia federal court.

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The Impact of ChatGPT on the Future of Work

Christopher Roser

You may have heard of ChatGPT, the latest buzz in artificial intelligence. ChatGPT is a chatbot by OpenAI that can answer your questions and hold a conversation. And, it is very good at this. It can handle almost anything connected with text. This tool (and the many others that are likely to follow) has the. Read more The post The Impact of ChatGPT on the Future of Work first appeared on AllAboutLean.com.

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Jury Hints 'MetaBirkins' May Be Both TM Infringement And Art

IP Law 360

A Manhattan federal judge instructed a jury mulling trademark claims against "MetaBirkin" maker Mason Rothschild to keep deliberating after jurors hinted Tuesday they see both infringement and artistic expression in the California designer's non-fungible tokens that resemble Hermes International's Birkin handbags.

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Sedona Conference’s Commentaries Provides Guidance on Challenges in Trade Secret Litigation and Gain Momentum With Courts

LexBlog IP

The Sedona Conference’s Trade Secret Working Group recently published an article titled “7 Ways To Approach The Difficulties Of Trade Secret Litigation” Crowell’s Mark Klapow is a member of the working.

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NFL, NBC Universal Deny Violating Copyright For 1988 Song

IP Law 360

The NFL and NBC Universal pushed back against accusations that they used, without permission, a song multiple times during game broadcasts, saying the copyright's owner has no basis for the lawsuit because the music was licensed and other provisions of U.S. copyright law allowed its use.

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Latest Federal Court Cases - February 2023

JD Supra Law

In re: Google LLC, Appeal No. 2023-101 (Fed. Cir. 2023) - In the Federal Circuit’s only precedential patent opinion this week, the Court granted mandamus reversing yet another decision by Western District of Texas Judge Alan D. Albright refusing to transfer a patent case out of his court, which (like several of Judge Albright’s prior decisions) denied transfer to the U.S.

Patent 52
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ROSS Can't Hide Behind Fair Use, Thomson Reuters Says

IP Law 360

Legal services company ROSS Intelligence has fallen short of showing that it engaged in fair use when it created a database that Thomas Reuters alleges illegally used its law database, Westlaw, without permission or compensation, the media conglomerate argued to a Delaware federal court in a filing.

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USPTO warns of new spoofing scam targeting trademark owners

JD Supra Law

On February 1, 2023, the U.S. Patent and Trademark Office issued a warning that scammers have recently started calling trademark owners, falsely claiming to be employees with the United States Patent and Trademark Office (USPTO). The scammers are using “spoofing” tactics that trick phone networks into displaying a name, number, and location that is different from the scammer’s actual name, number, and location.

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Kramer Levin Attorney's 'Baseless Attacks' Earn PTAB Block

IP Law 360

The Patent Trial and Appeal Board on Tuesday blocked a Kramer Levin Naftalis & Frankel LLP managing partner from representing Centripetal Networks in a patent challenge, citing his 2021 sanctions for baselessly accusing Amazon of relying on antisemitism to win over a jury.

Patent 70