Fri.Apr 28, 2023

article thumbnail

Economic conditions outlook during turbulent times, March 2023

McKinsey Operations

Executives’ enthusiasm for the economy rose—and then came back to earth. Meanwhile, concerns about financial-market volatility as a risk to growth have increased.

Marketing 143
article thumbnail

Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. That proposal died, but it’s a new year and legislatures around the country are back with a bumper crop of proposals to kill the Internet.] This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

Copying 126
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Importance of Due Diligence for Patent Practitioners and the US/China Economic War

Patently-O

by Dennis Crouch 37 C.F.R. § 11.18(b) imposes crucial responsibilities on patent applicants, attorneys, and agents. Documents submitted to the USPTO implicitly certify that: Statements made are true or are are believed to be true (based upon information and belief) and do not include any attempt to conceal a material fact; and That a reasonable inquiry was conducted to confirm that: (i) statements have no improper purposes, (ii) legal contentions are supported by existing law or valid arguments

article thumbnail

US consumers send mixed signals in an uncertain economy

McKinsey Operations

With inflationary pressures and a tight labor market, our latest Consumer Pulse Survey shows that shoppers across America are sometimes feeling and acting in contradictory ways.

Marketing 116
article thumbnail

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?

article thumbnail

House of Commons Standing Committee on Health meets for study of the PMPRB

JD Supra Law

The Standing Committee on Health (HESA) of the House of Commons met on Thursday, April 27, 2023, to begin its study of the Patented Medicine Prices Review Board (PMPRB). The Committee first heard from the Minister of Health, the Honourable Jean-Yves Duclos.

Patent 119
article thumbnail

Safe Harbor & Authorization Liability: Australia’s Options to Reduce Piracy

TorrentFreak

Being held responsible for the actions of others can seem fundamentally unfair but when the internet is involved, liability is rarely more than a step away. In 2008, consuming pirated movies and TV shows using BitTorrent was practically the norm in Australia and rightsholders had seen enough. Movie and TV show companies, including Village Roadshow, Universal, Warner, Paramount, Sony, 20th Century Fox, and Disney, sent copyright infringement notices to internet service provider iiNet, demanding a

More Trending

article thumbnail

Bungie Wins $12 Million in Damages From Veterancheats

TorrentFreak

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Several game companies including Take-Two Interactive and Epic Games have taken cheaters to court in the United States. More recently, American video game developer Bungie has been rather active as well. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

article thumbnail

CJEU rules out that EU trade mark law governs regime applicable to jointly owned trade mark

The IPKat

Legea-branded jersey. Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? This was the key question at the centre of Legea , C-686/21, a referral from the Italian Supreme Court asking specifically about this having regard to the EU trade mark instruments and the exercise of a jointly owned trade mark through licensing.

article thumbnail

AI Technology – Governance and Risk Management: Why Your Employee Policies and Third-Party Contracts Should be Updated

JD Supra Law

AI technology is a powerful tool and “with great power comes great responsibility.” Use of AI technology can give rise to various forms of liability that may not even occur to you. And use of generative AI impacts not only your liabilities but also your rights. If you are developing or using products that use AI technology, it is important to understand the legal implications and factor them into your governance and risk management policies as soon as possible, if you have not yet done so.

article thumbnail

Short Message Data Challenges In E-Discovery

IP Law 360

As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

98
article thumbnail

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.

article thumbnail

Vanda Pharms. Inc. v. Teva Pharms. USA, Inc. Hetlioz® (Tasimelteon)

JD Supra Law

Case Name: Vanda Pharms. Inc. v. Teva Pharms. USA, Inc., Nos. 22-7528, 22-7529 (CCC), 2023 WL 1883357 (D.N.J. Feb. 10, 2023) (Cecchi, J.) - Drug Products and Patent(s)-in-Suit: Hetlioz® (tasimelteon); U.S. Patent No. 11,285,129 (“the ’129 patent”).

Patent 98
article thumbnail

Malice aforethought

Likelihood of Confusion

It’s me, on the Michael Malice show, talking about censorship, social media and The Slants case. Originally posted 2019-03-15 12:32:45. Republished by Blog Post Promoter The post Malice aforethought appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Celebrating Female Inventors and Creators making a difference with Intellectual Property

JD Supra Law

The Past few years have witnessed the rise of the Nigerian creative and innovative industries, from the global recognition and acceptance of Afrobeats to the rapidly developing FinTech ecosystem. Nigerians have been making an impact in the world through creativity and innovation and there’s no end in sight, with the backing of intellectual property laws such as the Copyright Act 2022, which continue to provide avenues for accelerating innovation and creativity.

article thumbnail

Podcast – Tech Designer Carla Diana

The Illusion of More

This year’s World IP Day theme celebrates Women and IP: Accelerating Innovation and Creativity, and for that reason as well as the fact that artificial intelligence dominates all topics these days, my guest for this episode is the highly innovative Carla Diana, whom I first interviewed in 2014. Carla is a tech designer, author, and educator. […] The post Podcast – Tech Designer Carla Diana appeared first on The Illusion of More.

Designs 82
article thumbnail

The Judicial Response to Eligibility Post-Hantz

JD Supra Law

On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101 extended only to claims explicitly addressed in the operative complaint. See Hantz Software, LLC v. Sage Intacct, Inc., No. 2022-1390, 2023 WL 2569956, at *1 (Fed.

Patent 96
article thumbnail

How leaders can drive business growth in the Middle East

McKinsey Operations

Companies in the Middle East are facing the headwinds of the global crisis—but out of crisis comes opportunity. Three McKinsey leaders tell us how companies can grow in this environment.

article thumbnail

The dawn of a new era: Digital Markets, Competition and Consumers Bill introduced to Parliament

JD Supra Law

The UK’s long-awaited Digital Markets, Competition and Consumers Bill, published this week, brings in a new antitrust regime for Big Tech in the UK. The Bill provides statutory footing and powers for a new body, the Digital Markets Unit (“DMU”), to oversee and enforce the new regime.

article thumbnail

Philips Loses Trade Secret Trial While Getting DMCA Damages

IP Law 360

A North Carolina federal jury on Friday said independent service organization TEC Holdings didn't misappropriate any of Philips Medical Systems' trade secrets for X-rays and other imaging, but that it should pay up to $4.2 million for Digital Millennium Copyright Act violations.

article thumbnail

USTR’s Special 301 Report Says China’s Improvement on IP Has Slowed

IP Watchdog

The United States Trade Representative (USTR) released its annual Special 301 Report on April 26, adding two countries to the “Watch List”: Bulgaria and Belarus. In total, there are now 29 countries on either the Priority Watch List or Watch List, up from 27 last year. Belarus was added because it passed a law that “legalized unlicensed use of certain copyrighted works if the right holder is from a foreign state ‘committing unfriendly actions.

article thumbnail

Caterpillar Settles Ex-Staffer's Trade Secrets Case

IP Law 360

Caterpillar has settled a lawsuit alleging it stole a former employee's design in order to save millions of dollars on products, a Georgia federal judge revealed in a case dismissal Friday.

Designs 75
article thumbnail

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions - PART 1 - LEGAL ISSUES

JD Supra Law

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: • Does training AI models using open source code constitute infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

article thumbnail

IP Hires: Taylor English, Nelson Mullins, Nossaman

IP Law 360

Taylor English Duma LLP has bolstered its intellectual property team with the addition of a former Liston Abramson LLP trial lawyer with three decades of experience, and Nelson Mullins Riley & Scarborough LLP has brought on a seven-person team of attorneys from Benesch Friedlander Coplan & Aronoff. Here are the details on these and other notable hires.

article thumbnail

Recommended Reading: The Trademark Reporter's Annual Review of European Trademark Law

The TTABlog

The Trademark Reporter has issued its Annual Review of European Trademark Law, presented by Tom Scourfield of the UK, with contributions by an impressive roster of authors from across Europe. The volume may be downloaded here. Read comments and post your comment here. TTABlog comment: Once again, I thank The Trademark Reporter for allowing me to provide this issue to you all.

article thumbnail

In Australia, Katy Perry Loses TM Battle To. Katie Perry

IP Law 360

A designer in Sydney who uses the name Katie Perry has won a trademark dispute with pop singer Katy Perry in a row that an Australian federal judge called "a tale of two women, two teenage dreams and one name.

Designs 75
article thumbnail

Other Barks & Bites for Friday, April 28: New R&D Center for Semiconductor Tech on the Horizon, European Commission Proposes New Patent Rules, and Ed Sheeran Appears in Court to Address Copyright Infringement Allegations

IP Watchdog

This week in Other Barks & Bites: the Department of Commerce outlines plans to establish a new R&D Center dedicated to semiconductor technology; the United States Patent and Trademark Office (USPTO) announces record participation in patent pro bono program; and the European Commission proposes new patent rules to reduce friction between EU countries.

article thumbnail

Generative AI May Shift IP And Copyright Protection Needs

IP Law 360

Karyna Pukaniuk at Lawrina discusses how generative artificial intelligence affects our lives, the potential red flags surrounding the technology, and why we may need to modify our views on what merits protection under intellectual property and copyright law.

article thumbnail

Copyright case: Florentino Case, Spain

Kluwer Copyright Blog

This case concerns a conflict between the fundamental right to one’s own likeness and the exceptions to unlawful interference with the right to one’s own likeness. The Supreme Court gives prevalence to the right to one’s own image. The dispute centres on the use of the image as part of a tribute to the artist under the umbrella of the public profile accorded to him, when it is, according to the Court, in fact a use with a commercial and profit-making purpose, and there is no r

article thumbnail

Regeneron v. Mylan BPCIA Aflibercept Litigation Update: Claim Construction Order and Stipulation to Narrow the Case for June 2023 Trial

LexBlog IP

As we have previously reported , Regeneron’s BPCIA case against Mylan regarding Mylan’s proposed aflibercept biosimilar is proceeding on an expedited schedule, with a two-week trial scheduled to begin on June 12, 2023. On April 19, the Court issued a claim construction order construing seven terms from the claims of the four patents still being asserted in the case.

article thumbnail

Closure of Avianca and Viva Air Investigation

Olartemoure Blog

The Superintendency of Industry and Commerce has established a plan to address anti-competitive practices by Avianca and Viva Air. This plan requires the companies to promise to act independently in the market, remove any links between themselves, compensate affected passengers, and implement a program to prevent any future anti-competitive behavior.

article thumbnail

The Briefing by the IP Law Blog: SCOTUS Hears Arguments in VIP Products V. Jack Daniels

LexBlog IP

The Supreme Court has finally heard arguments in the VIP Products v. Jack Daniels case, in which the whiskey company accused the dog toy maker of infringing its trademark with its whiskey bottle chew toy. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

article thumbnail

Chinese government takes bold steps to control artificial intelligence

Olartemoure Blog

Recently, over 1,300 notable signatories –including tech legends Elon Musk and Steve Wozniak– sent an open letter urging generative artificial intelligence developers to slow down their progress. Responding to these concerns, the Cyberspace Administration of China has implemented a series of measures to ensure that users “scientifically understand and rationally use the content generated” without violating copyright or image rights , damaging reputations, or engaging in anti-governme

article thumbnail

A Distillation of the USPTO’s Notice of Proposed Rulemaking: “Changes under Consideration to Discretionary Institution Practices, Petitioner Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board,” 88 Fed. Reg. 24503-24518 (Apr. 21, 2023).

JD Supra Law

On April 20, 2023, the USPTO announced Advance Notice of Proposed Rulemaking for potential PTAB reforms. The goal of the Notice was to seek public input regarding proposed changes to discretionary institution practices, petition word limits, and settlement practices for America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

article thumbnail

Revitalize Your Business

Olartemoure Blog

The Ministry of Commerce, Industry and Tourism and “Gestión Total Corporativa”, have created the strategy called “Quality for Reindustrialization” aimed at promoting a culture of quality in the agro-industrial sector. The project offers specialized training to implement high-quality standards in organizations belonging to the guild to promote a culture of quality in small or medium-sized enterprises.

article thumbnail

Legal Issues with Using AI to Create Content – Written with Help from AI

LexBlog IP

Artificial Intelligence (AI) is a rapidly growing field that has the potential to revolutionize many aspects of our lives. One area where AI has already made significant inroads is in content creation. With the help of AI-powered writing assistants, businesses and individuals can generate high-quality content with minimal effort. However, there are legal concerns associated with using AI to generate content, like this blog article, which was created in part through the assistance of ChatSonic AI

article thumbnail

Transfer of cryptocurrency funds and licenses

Olartemoure Blog

Recently, the European Parliament approved a new comprehensive regulatory regime for fund transfers and cryptocurrencies. With the issuance of the comprehensive crypto law, cryptocurrency service providers will be required to obtain a license to operate in the EU and to comply with certain security and consumer protection requirements. Additionally, a regulatory framework will be established for fund transfers, which will include measures to prevent money laundering and terrorist financing.