Mon.Nov 28, 2022

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3 Count: Navy Piracy

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Navy Fined for Acts of Software Piracy. First off today, Nicholas Slayton at Task & Purpose reports that the United States Navy has been ordered to pay $154,400 in damages to a software firm after a court found the Navy had violated the copyright in one of their applications.

Licensing 209
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How will the space economy change the world?

McKinsey Operations

Space is no longer the sole domain of governments and aerospace and defense companies. Businesses that pursue emerging opportunities now may gain a first-mover advantage.

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Trending Sources

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Prolific Piracy Release Group EVO Goes Mysteriously Quiet

TorrentFreak

Day in and day out, dozens of new movies and TV shows leak online. It’s become so normal that most pirates take it for granted. While millions of people consume this content, only a few people know who supplies it. This secrecy is much needed, as members of release groups risk criminal prosecution and multi-year prison sentences. EVO Goes Quiet.

Copying 133
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USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets

IP Watchdog

On November 23, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungible tokens (NFTs). The announcement follows the dramatic rise in mainstream attention on NFTs due to their wildly fluctuating value, which has in turn created a great amount of confusion surrou

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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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Torrent Site User Who Transferred 120TB of Pirated Content Avoids Prison

TorrentFreak

Many private torrent sites track user traffic to ensure that when content is downloaded, an agreed amount is uploaded back to the rest of the community. Users can independently maintain their own transfer records, which help them keep track of overall bandwidth used and compliance with site rules, whenever traffic volume is an important factor. But whether they’re held locally, on a torrent site, or by an intermediary service, the usefulness of logs is reversed when they fall into the wron

Music 133
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The link between climate and national security

McKinsey Operations

Former Netherlands chief of defense Tom Middendorp, the “climate general,” discusses efforts to decarbonize defense forces and the security risks that could be heightened by climate change.

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More Trending

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Hornit’s story: the SME who used IP to combat the counterfeiters

Intellectual Property Office Blog

Wheeling their way into the future, are Hornit - an innovative and creative British business that produces a wide range of cycling products. We spoke to their CEO Tom de Pelet about how Hornit has grown and how intellectual property rights have strengthened his business. Find out how to protect your IP using our guidance pages. Hornit's bike rack, CLUG, holding bikes upright.

IP 103
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Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad copy says “Buy Portafab Today,” which might be confusing, despite other indicators that the source is Allied and the substantial purchaser care in decisions like this, unless “Portafab” has become the generic descr

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2021 PMPRB Annual Report

JD Supra Law

On November 21, 2022, the Minister of Health tabled the 2021 Annual Report of the Patented Medicine Prices Review Board (PMPRB). The Report includes information on the PMBRB’s regulatory activities, pharmaceutical sales and price trends, and an analysis of the research and development expenditures. According to the Report, in 2021, sales of patented medicines in Canada decreased by 1.7% from the previous year for a total of $17.4 billion, and the national average transaction price for patented.

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New York Metro Area Workforce: Challenges and opportunities for growth

McKinsey Operations

Historically a talent magnet, the New York City region faces a shrinking workforce and a growing mismatch between jobs and skillsets. But interventions could help rebuild its labor force and boost inclusiveness.

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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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Chiesi Usa, Inc. V. Aurobindo Pharma Usa, Inc. - Cleviprex® (Clevidipine Injectable Emulsions)

JD Supra Law

Case Name: Chiesi USA, Inc. v. Aurobindo Pharma USA, Inc., Civ. No. 19-18756, 2022 WL 3703207 (D.N.J. Aug. 16, 2022) (Quraishi, J.) Drug Product and Patent(s)-in-Suit: Cleviprex® (clevidipine injectable emulsions); U.S. Patents Nos. 8,658,676 (“the ‘676 patent”), 10,010,537 (“the ‘537 patent”), and 11,103,490 (“the ‘490 patent”).

Patent 98
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More on the Patent Attorney Rolls

Patently-O

by Dennis Crouch. The USPTO Office of Enrollment & Discipline’s list of registered patent attorneys and agents includes 48,625 individuals. Since there are no annual dues, CLE requirement, or even check-in many folks continue to stay on the rolls even though they are not practicing patent law. One example is my colleague Professor Royce Barondes who passed the patent bar exam prior to law school and then never practiced in the field.

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Federal Court rejects trial of common issues and allows pleadings amendment re: supply disruptions in abiraterone acetate amended section 8 actions

JD Supra Law

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (“422 patent”) – which relates to treatment of prostate cancer in humans by co-administration of abiraterone acetate (marketed by Janssen as ZYTIGA) and prednisone – invalid in actions under the Patented Medicines (Notice of Compliance) Regulations (Regulations) against Apotex, Dr.

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Projecting the global value of cloud: $3 trillion is up for grabs for companies that go beyond adoption

McKinsey Operations

New research reveals where value in the cloud lies—and details scenarios that highlight that cloud adoption alone isn’t enough.

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Pharmacyclics LLC v. Alvogen, Inc. (Fed. Cir. 2022)

JD Supra Law

On November 15th, the Federal Circuit handed down its opinion affirming all aspects of the District Court's decision in Pharmacyclics LLC v. Alvogen, Inc. The case illustrates once more the importance of the substantial evidence standard in support of factual aspects of a district court's decision, even regarding ultimate questions of law, such as enablement and obviousness that are based on factual considerations.

Law 97
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Why Trademark Searches are Important

Nelligan Law

Reading Time: 2 minutes. After months, you have finally decided on THE name for your new product. You have conducted your own market research and you are not aware of anyone else using this trademark. You are anxious and eager to begin rolling this out, so you take the plunge. Your marketing team prepares advertisements, packaging – perhaps even signage.

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Wondering if Your Digital Health Product or Service is Subject to FDA Regulations?

JD Supra Law

The convergence of wearable technology and artificial intelligence systems that can analyze data in real time to optimize health care delivery is generating a new wave of products that raise novel regulatory, business, and intellectual property considerations. If you are developing a digital health or software product, it may contain software functions that are considered “devices” as that term is defined in section 201(h) of the Federal Food, Drug, and Cosmetic (FD&C) Act and are subject to

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Breaking Ground in Design: MBDA Helps Support New Indigenous Projects

U.S. Department of Commerce

Breaking Ground in Design: MBDA Helps Support New Indigenous Projects. November 28, 2022. KCPullen@doc.gov. Mon, 11/28/2022 - 12:14. Minority business growth. In honor of Native American Heritage Month, the U.S. Department of Commerce has recognized the extensive impact of Native American innovators, entrepreneurs, and minority business enterprises throughout the nation.

Designs 86
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Twitter Blue Fiasco – “Please note that Twitter will do lots of dumb things in coming months”, tweeted Elon Musk

The IPKat

What’s up with Nintendo tweeting a picture of Mario pointing a middle finger right at me? Oh wait… this is a fake Nintendo Twitter account. Why then is there a check mark next to it saying it’s “verified"? Twitter Blue Following Elon Musk’s $44 billion acquisition of Twitter, throughout this month, we (and the world at large) have all been following with some confusion what’s happening to and at Twitter.

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How Collaborative AI Will Enhance Human Skills

IP.com

The post How Collaborative AI Will Enhance Human Skills appeared first on IP.com - IP Innovation and Analytics.

IP 98
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The Law Bytes Podcast, Episode 148: Christelle Tessono on Bringing a Human Rights Lens to AI Regulation in Bill C-27

Michael Geist

Bill C-27, the government’s privacy and artificial intelligence bill is slowly making its way through the Parliamentary process. One of the emerging issues has been the mounting opposition to the AI portion of the bill, including a recent NDP motion to divide the bill for voting purposes, separating the privacy and AI portions. In fact, several studies have been released which place the spotlight on the concerns with the government’s plan for AI regulation, which is widely viewed as vague and in

Law 73
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Meta Axes Most Of Startup's 2 Messaging Patents At PTAB

IP Law 360

Meta Platforms has persuaded the Patent Trial and Appeal Board to wipe out nearly all the claims in a pair of patents owned by an instant messenger startup that sued the social media giant over a new "swipe-to-reply" feature in Facebook, Instagram and WhatsApp.

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CAFC Says Burden of Reexamination Following Denied IPR Does Not Warrant Mandamus Relief

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) last week denied a petition requesting mandamus relief to vacate the U.S. Patent and Trademark Office’s (USPTO’s) grant of a request for ex parte reexamination of Sound View Innovations’ U.S. Patent No. 6,708,213 by DISH Network LLC. The '213 patent covers a "Method for Streaming Multimedia Information Over Public Networks.

Art 69
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Law Schools Are Right To Steer Clear Of US News Rankings

IP Law 360

By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

Law 75
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Tailoring innovative financial solutions for the transition to net zero

McKinsey Operations

Financial institutions in Asia need to work closely with government and regulators to establish policies, standards, and incentives to achieve net-zero goals.

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Tribal Corp, Stanford Sort Out Contract Fight Over Drug IP

IP Law 360

The Tulalip Tribal Federal Corp. told a Washington federal judge Monday it has resolved contract breach claims against Stanford University, which it accused of secretly duplicating a potential opioid addiction treatment based on research funded by the tribe and applying for a provisional patent.

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Power up: How Southeast Asia’s largest bank is becoming AI-fueled

McKinsey Operations

DBS’s chief analytics officer explains how MLOps and other efforts are enabling the organization to crack the code on scaling AI.

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Meta Can't Ditch Music Label's Infringement Claims Just Yet

IP Law 360

A California federal judge on Monday refused to throw out a music label's suit claiming that Meta Platforms encourages users to steal its music when making videos on Facebook and Instagram, finding that the complaint adequately lays out the claims.

Music 75
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IP Osgoode presents: AI for the Future of Urban Development – Smart Cities, Transportation and Sustainability (Panel 1 of the Bracing for Impact Conference)

IPilogue

Photo by Buda Photography. Jasmine Yu is a Senior Editor and a 2L JD/MBA Candidate at the University of Toronto. Nancy Chen is an IPilogue Writer and a 2L JD/MBA Candidate at the University of Toronto. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The conference focused on “The Future of AI for Society.

IP 59
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How Firms Are Getting The Most Out Of Their Pro Bono Work

IP Law 360

From BigLaw to boutiques, each law firm has its own way of integrating pro bono. Some make their pro bono commitment public. Others choose to fly under the radar, forgoing the public relations value pro bono can bring. But overall, the goal is the same: making an impact while developing a strong firm culture.

Law 74
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“What’s in a Name?” A Shortened Restrictive Covenant Duration, Perhaps

Trading Secrets

Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Additionally, these agreements often state that they inure to the benefit of the employer’s parent, subsidiaries, and other affiliates. However, a recent case in federal court demonstrates the importance of carefully defining terms to best protect the employer’s legitimate business interests.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Aug. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. I have tried to avoid scientific disputes about creatine and focus on the consumer survey side, which might be more generalizable.

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Robert Milligan to Present Webinar on Non-Compete Enforceability for Strafford

Trading Secrets

On Wednesday, November 30 at 1 p.m. Eastern, Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “Negotiating Enforceable Noncompetition and Nonsolicitation Agreements: Compliance with State Statutes and Case Law” webinar for Strafford. The experienced panel will discuss current legislative and case law trends regarding noncompetition and nonsolicitation agreements, provide best practices for structuring enforcea

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UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

LexBlog IP

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in Septe

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Supreme Court Clarifies Accounting of Profits Remedy in Patent Infringement Cases

JD Supra Law

On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43). This decision upheld the largest monetary award to date in a Canadian patent infringement proceeding, and provided the SCC with an opportunity to clarify the framework for calculating an accounting of profits, including the implementation of a “non-infringing option”, as well as confirming the availability of springboard profits.