Thu.Apr 20, 2023

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Update: 4 Copyright Claims Board Cases to Watch

Plagiarism Today

In September, we looked at four Copyright Claims Board cases to watch. Now we're revisiting them and seeing what's happened with them. The post Update: 4 Copyright Claims Board Cases to Watch appeared first on Plagiarism Today.

Copyright 180
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Cracking the code on digital talent

McKinsey Operations

Even with recent industry layoffs, the tech talent shortage shows few signs of abating. To attract this critical segment, it’s important to understand what they want (hint: it’s not just compensation).

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3 Count: Honestly, Nevermind

Plagiarism Today

Drake faces a copyright lawsuit over an uncleared sample, Nintendo wins big in France, and a new study says pirate losses to rise. The post 3 Count: Honestly, Nevermind appeared first on Plagiarism Today.

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YouTube Ripper Sends Cease and Desist to Google, Hoping to Stop DMCA Abuse

TorrentFreak

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. It is a powerful tool that takes millions of URLs and links offline every day. In most cases, this happens for a good reason, but some takedown efforts are questionable. DMCA Takedown Abuse In recent years there have been numerous examples of clear abuse and impersonations , as revealed through Google’s transparency report.

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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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Gen what? Debunking age-based myths about worker preferences

McKinsey Operations

Our latest analysis of talent trends suggests that employees of all ages seem to want the same things from their work experience—with a few important caveats.

Marketing 116
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Nintendo’s War With 1Fichier is Not Over – But Could Be For $0.00

TorrentFreak

When a company like Nintendo puts out a press release, the entire world pays attention. This week was no different. Nintendo has been locked in a legal battle with French file-hosting service 1fichier for the past five years. The basic facts don’t appear to be in dispute; Nintendo informed 1fichier that it had found pirated copies of its games on the service, but 1fichier refused to take them down.

Copying 121

More Trending

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Operation Anime: Full Scale of Anti-Piracy Crackdown Revealed in Japan

TorrentFreak

An announcement by the Brazilian government in February revealed that “the two biggest digital anime pirate sites” in Brazil had been “taken down” in Operation 404 offshoot, ‘Operation Anime’. The Ministry of Justice and Public Security said the objective was to “repress crimes committed against intellectual property” on the internet; more specifically, piracy of Japanese cartoons, better known as anime.

Reporting 114
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USPTO Preliminary Proposals on Discretionary Denial Include Curbing ‘For-Profit, Non-Competitive Entities’ Use of IPR

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today published an Advanced Notice of Proposed Rulemaking (ANPRM) indicating it is considering changes to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB). Perhaps most notably, one of the proposals it is asking for input on has to do with creating rules that would authorize discretionary denial of inter partes review (IPR) proceedings “to ensure that certain for-profit, non-competitive entities do not use the IPR

Invention 105
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Government Gets the Law Wrong as it Finally Makes the Case Why it is Rejecting the Bill C-11 User Content Regulation Fix

Michael Geist

With Bill C-11 in the final stretch – Senate approval could come this week – the government finally provided a more detailed explanation for rejecting the Senate’s user content regulation fix. Indeed, after weeks of false or empty justifications for the rejection, Senator Marc Gold, the government’s representative in the Senate, at long last tried to make the case for rejecting the amendment.

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PTAB Finds Petitioner’s Failure to Disclose Relationship with Real Party in Interest Warrants Substantial Monetary Sanctions

The IP Law Blog

In Ventex Co., Ltd. v. Columbia Sportswear North America, Inc. , IPR2017-00651 (PTAB Apr. 12, 2023) (per curiam), the Patent Trial and Appeal Board (the “Board”) found that petitioner Ventex Co., Ltd.’s (“Ventex) failure to disclose the existence of an agreement with a time-barred real party in interest unnecessarily delayed the proceedings and awarded over $32,000 in sanctions to the patent owner Columbia Sportswear North America, Inc.

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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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Is This the Real Life? Is This Just Fantasy? How the Music Industry Can Fight Back Against Generative AI

JD Supra Law

A new track by Drake and The Weeknd is going viral on social media and is bound to top the charts. The song “Heart on my Sleeve” details the emotional trauma of The Weeknd’s breakup with pop star Selena Gomez in a tear jerker that extends just over two minutes. The song has been hailed as the “banger of the weekend” and was viewed more than 8.5 million times on TikTok.

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10 Questions to Ask When Searching for a Corporate Literature Management Solution

Velocity of Content

Finding the right content at the right time is essential for any R&D-intensive company, but it is equally important to consider how that content is acquired and managed, and when the time is right to consider a literature management software tool. With so many competing priorities and limited resources, many small to medium businesses (SMBs) may not be thinking about how their information assets are organized, how individual employees are accessing published articles, or the potential risk a

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PTAB decision invalidating claims as inherently anticipated upheld by Federal Circuit

JD Supra Law

Procedural History - Arbutus Biopharma Corp. v. Modernatx, Inc. is an appeal from a final written decision in an inter partes proceeding of the Patent Trial and Appeal Board (“PTAB”) that found claims 1-22 of U.S. Patent No. 9,404,127 (“’127 Patent”) invalid as anticipated by prior art. The Federal Circuit affirmed.

Art 98
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Seeing nature differently: How businesses are waking up

McKinsey Operations

Elizabeth Maruma Mrema, co-chairperson of the Taskforce on Nature-related Financial Disclosures, discusses the urgency of reorienting business toward nature-positive activities.

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Are You Protecting Your Construction Firm’s Trade Secrets?

JD Supra Law

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the public at large. That is why it is important to take steps to protect confidential information from disclosure.

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Rewriting the beauty code of the future

McKinsey Operations

L’Oréal has been early to adopt a number of metaverse and Web3-related initiatives, all of which feed into its broader digital innovation ambition.

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Why we think AI can be an inventor on a patent application

JD Supra Law

On April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patent application. The issue has arisen in the Petition for Writ of Certiorari recently filed by Dr. Stephen Thaler.

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Delivering impact from US green bank financing

McKinsey Operations

Green bank financing could mobilize hundreds of billions in investment toward net-zero emissions by 2050 as well as advancing environmental justice in the US.

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“Known-technique” Rationale for KSR Analysis

JD Supra Law

In Intel Corp. v. PACT XPP Schweiz AG, the Federal Circuit held that establishing a motivation to combine prior art for KSR analysis based on the “known-technique” rationale does not require showing that the “known-technique” is an improvement. The Court held that it only requires showing that the “known-technique” is a “suitable option.”. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Art 96
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How energy sourcing can help industrials manage record-high prices

McKinsey Operations

Energy-intensive companies in Europe are facing high and volatile natural-gas and electricity prices. An optimized energy procurement strategy can help them get a grip on energy costs.

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CAFC Affirms Ruling that Blocks Generic Version of Amgen’s Psoriasis Drug Until 2028

IP Watchdog

Yesterday, in a precedential decision, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that upheld the validity of several claims in two Amgen patents and barred Sandoz and Zydus from producing generic versions of Amgen’s psoriasis drug Otezla until 2028. The CAFC ruling also upheld the district court’s ruling that three claims in Amgen’s U.S.

Patent 75
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Partnering for the planet: An NGO success story

McKinsey Operations

Jennifer Morris, chief executive officer of The Nature Conservancy, discusses how non-governmental organizations can play a convening role in the global fight to tackle climate change and biodiversity loss.

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Profs Say Guidance Is Needed On Int'l Service Obligations

IP Law 360

Two international law professors are urging the Second Circuit to provide guidance on obligations of the U.S. under an international service treaty, pointing to a ruling allowing Chinese defendants in a "Baby Shark" counterfeiting case to be served by email that the judge later admitted was wrong.

Law 75
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Patagonia shows how turning a profit doesn’t have to cost the Earth

McKinsey Operations

Yvon Chouinard, founder of outdoor apparel retailer Patagonia, reflects on how companies can be responsible for the planet and its people while increasing growth and value.

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Rolling Paper Co. Can't Get Disgorgement In False Ad Case

IP Law 360

An Illinois federal judge won't make a hemp-based rolling paper maker disgorge its profits to a rival following a finding that it falsely advertised its papers as being made in Alcoy, Spain, saying the facts of the case don't support disgorgement, only limited attorney fees.

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In re Charger Ventures: Federal Circuit Affirms TTAB Denial of Trademark Registration

Patently-O

By Dennis Crouch In re Charger Ventures, — F.4th. —, 22-1094 (Fed. Cir. 2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. The prior registration is tied to Spark Co-working spaces that started in Baltimore and have now expanded to several other cities.

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Don't Forget Alumni Engagement When Merging Law Firms

IP Law 360

Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

Law 75
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Top Ten Frequently Asked Questions About the Corporate Transparency Act

Cogency Global

What this is: The Corporate Transparency Act is a law aimed at preventing criminals from using business entities to commit crimes. The goal of the CTA, along with its enforcement guidelines, is to supply vital data to law enforcement, national security organizations and other parties in order to thwart criminals, terrorists, weapons proliferators and unscrupulous oligarchs from concealing illegal funds or assets within the United States.

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Paramount Lobs Counterclaims At Warner In 'South Park' Suit

IP Law 360

Paramount says Warner Bros. Discovery is the one that has violated their agreement over the streaming rights to the long-running animated comedy "South Park," according to counterclaims lodged Wednesday in the breach-of-contract suit initially filed by Warner earlier this year.

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consumer class settlement can't include injunctive relief unless there's Art. III standing to seek injunctive relief

43(B)log

Williams v. Reckitt Benckiser LLC, F.4th -, 2023 WL 2906311, No. 22-11232 (11 th Cir. Apr. 12, 2023) The court of appeals reversed approval of a settlement that would have provided injunctive relief and up to $8 million in monetary relief to a class of individuals who purchased one or more “brain performance supplements” manufactured and sold by defendants.

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Grappling With A Bright-Line Patent Expert Admissibility Test

IP Law 360

Since the Federal Circuit required experts to meet the definition of a person of ordinary skill in the art before opining on an issue in Kyocera v. U.S. International Trade Commission last year, subsequent patent decisions applying Kyocera's expert admissibility test raise questions about a court's role as gatekeeper, say attorneys at Akin Gump.

Patent 74
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Conundrum Involving The Ownership Of The Work Created By Ai

IP and Legal Filings

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. The Act is not providing protection to AI without human intervention from infringement instead it only provides protection to humans and AI generated work with human intervention from infringement.

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GEF CEO Carlos Manuel Rodríguez: Market failure creates nature crisis

McKinsey Operations

Carlos Manuel Rodríguez, CEO and chairperson of the Global Environment Facility, says restoring and conserving nature demands multilateral, country-led, and private-sector action.

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Insights – April 2023 | Insights

JD Supra Law

This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish government-friendly case law in antitrust enforcement, and other important trends and developments.

Editing 52
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Charting fuel choices as the shipping industry sails toward net zero

McKinsey Operations

Industry leaders know they must adopt new fuels in order to decarbonize. Is a multifuel future in store?

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