Fri.Sep 23, 2022

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Data ethics: What it means and what it takes

McKinsey Operations

Every company must establish its own best practices for managing its data. Here are five pitfalls to avoid based on our conversations with experts and early adopters.

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Red Flag Raised: E-Motosport Patent Ineligible Under Section 101

JD Supra Law

In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. Mass. Sept. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads.

Patent 108
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To slow down attrition, pay closer attention to what workers really need

McKinsey Operations

The Great Attrition continues, but if companies understand the differences among five common employee personas, they may be able to find and retain talent more effectively.

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OM Weekly Digest 09/22/22

Olartemoure Blog

09/22/22 – Innovation. Science, Technology, and Innovation projects in the Bioeconomy sector can now access differentiated lines of credit through BANCOLDEX. The credit line will grant loans of up to USD 450,000 for projects related to the Bioeconomy at an interest rate of 1% for small and medium-sized businesses and 4% for large businesses.

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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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BREAKING: Jury Says LabCorp Owes $272M For Infringing Prenatal Test IP

IP Law 360

A federal jury in Waco, Texas, found on Friday afternoon that LabCorp, one of the largest chains of clinical lab providers in the world, owes more than $272 million to a small Maryland biotech business for willfully infringing a patent covering a method of testing for genetic disorders during pregnancy.

IP 98
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Using the Uniform Domain-name Dispute Resolution Policy to Stop or Prevent Fraud

JD Supra Law

You receive a package of iPhones and they appear to have been ordered by an employee in the purchasing department (let’s call her Jane Doe), however, you weren’t expecting any iPhones.

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IPBM: The Unifying Framework Behind IP Management

JD Supra Law

The first two installments in this series explained the evolution of the Intellectual Property Business Management (IPBM) model, noting that it is not a platform or “collaboration portal,” but rather a paradigm designed from the ground up to engage stakeholders when they are needed in the IP management process. IPBM is driven by the technologies….

IP 98
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Musk's Dim View Of Patents Ignores Reality For Most Cos.

IP Law 360

Tesla and SpaceX CEO Elon Musk recently declared that "patents are for the weak," and while that mindset might make some sense for the billionaire entrepreneur given the industries he works in, shunning patents is a risky strategy for most other companies, experts say.

Patent 98
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A new approach to advanced analytics in utility asset management

McKinsey Operations

Studying how one North American transmission and distribution utility’s implementation of advanced analytics in asset management can help other organizations embark on similar journeys.

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AML Regulation Of Lawyers Is Imminent And Controversial

IP Law 360

The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

Law 98
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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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[Audio] Artificial Intelligence and Flexible Healthcare Resources

JD Supra Law

Artificial Intelligence has allowed many companies to perform complex forecasting not previously possible. Bernoulli AI is an AI-based system that can assist with resource allocation in healthcare settings. We are joined by Dr. Sean Bozorgzad, Co-Founder and CEO of Potentia Analytics, a technology company with innovative solutions designed to improve operational efficiency in healthcare.

Designs 95
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Roku Gets Universal Remote Patent Wiped Out At PTAB

IP Law 360

The Patent Trial and Appeal Board has invalidated a Universal Electronics Inc. remote control patent in a challenge brought by Roku Inc., with the board finding that all 13 claims in the patent are invalid as obvious.

Patent 95
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Buyers' choice: what patent acquirers want from portfolios

Managing IP

It’s a buyer’s market and deals were down in Q2 2022, but sellers with strong patents can still entice purchasers.

Patent 117
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Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations

Michael Geist

The series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem has thus far focused on three issues: the risk to the free flow of information stemming from mandatory compensation for linking, how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content”, and the unprecedented government intervention in a sector where independence is essential.

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Most prolific firms for PCT and EPO patent applications revealed

IAM Magazine

IP-pilot data shows German and UK firms continue to dominate EPO filings, while Chinese and Japanese firms took the top spots for PCT submissions

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Green corridors could lead the way to zero-carbon shipping. But how can they become a reality?

McKinsey Operations

A new report by the Mærsk Mc-Kinney Møller Center for Zero Carbon Shipping in collaboration with McKinsey lays out a blueprint to assess the feasibility of green corridors.

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Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

Technology & Marketing Law Blog

This is a 512(c) online copyright safe harbor case. We rarely see opinions like this any more. In 2022, I’ve blogged just one other 512(c) case ( Davis v. Pinterest ). ( Business Casual v. YouTube should have been a 512(c) case, but the court ruled on other grounds). This time, the defense gets the safe harbor on summary judgment. The case involves ShutterStock, a photo licensing service.

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. First up is the IPKat's Belgian friends in the form of Philippe Campolini , Gwennaëlle Kusters , Louis Bidaine and V ince Van der Wangen from Belgian firm, Stibbe.

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Should I stay, or should I go? Australia’s nurse retention dilemma

McKinsey Operations

One-fifth of Australia’s registered nurses say they intend to leave their current role in the next year. Avoiding major staff shortages will likely require targeted interventions from stakeholders.

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Patent Filings Roundup: Western District Waters Tested; IP Edge Runs from Disclosure in Delaware

IP Watchdog

Twenty-three inter partes reviews (IPRs) and no post grant reviews were filed this week; plaintiffs filed an average-ish 79 new district court filings, though many were associated with older campaigns. The Daedalus Prime subsidiary asserting Intel patents has filed suits against Samsung and TSMC; Volkswagen filed a number of IPRs against Fortress-backed Neo Wireless.

Patent 72
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Funding of emerging-technology areas pursued by nontraditional companies

McKinsey Operations

The authors look at which types of technologies pursued by nontraditional defense contractors have received funding through US Department of Defense Other Transaction Authorities.

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Judge Cuts Some Of Atum's Claims In Gene Therapy IP Row

IP Law 360

A Massachusetts federal judge has trimmed biotechnology company Atum's fraud and mismanagement counterclaims in rival SalioGen's trade secrets suit against it over genomics technology, but allowed Atum's arguments over the ownership of those trade secrets to proceed since a substantial controversy exists.

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Revenue growth management: Building capabilities to sustain impact

McKinsey Operations

Consumer companies must ensure people throughout the company have the capabilities to drive their RGM strategy and react to market shifts.

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Vidal Drills into Data on PTAB Use of Sanctions Since AIA in Response to Senators

IP Watchdog

In June of this year, United States Patent and Trademark Office (USPTO) Director Kathi Vidal replied to a late April request by Senators Thom Tillis (R-NC) and Mazie Hirono (D-HI) for answers to a number of questions surrounding abuse of the inter partes review (IPR) system, explaining that she was working on the problem. Now, Vidal has sent a follow-up letter providing more detail on two of the questions raised in the letter, specifically with respect to the USTPO’s authority to issue sanctions

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Leading operating model modernization: What do transformation leaders say?

McKinsey Operations

Leaders of agile centers of excellence came together to discuss key success factors for going agile and their conviction that doing so is the best way to safeguard the future of companies.

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Exploring the CAFC’s Ridiculous Written Description Standard for Life Sciences Patents

IP Watchdog

The written description requirement is really the backbone of the quid pro quo between the public and the patent applicant. In exchange for information about an invention, society is willing to grant the applicant a patent, which conveys exclusive rights for a limited period of time to what is claimed, not described. But the description provided in the specification must demonstration that the applicant really has an invention in the first place and what the boundaries of that invention are—this

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Merchant acquiring at the crossroads: An industry reinvents itself

McKinsey Operations

Once viewed as a mundane realm of payment processing, merchant acquiring in Asia is undergoing a transformation to seize the opportunities created by increased demand and digitization.

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Brand Battles: Ralph's Ices Takes On Ralph Lauren Over TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, fashion label Ralph Lauren's bid to secure trademark rights for its "Ralph's Coffee" brand is facing opposition from popular New York ice shop Ralph's Famous Italian Ices — plus three other cases you need to know.

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Elon Musk is right about patents …

IAM Magazine

… and that makes what he says about them even more misguided and potentially dangerous

Patent 98
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Fast-Fashion Continues to Harm Small Businesses and Artists

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Known for its cheap and trendy clothes, Chinese fast-fashion retailer Shein has seen great success over the past several years. Its low prices are typically attributed to its frequent and large-scale productions, but another reason for such low pricess may be intellectual property theft.

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recyclable doesn't mean likely to be recycled, court holds

43(B)log

Curtis v. 7-Eleven, Inc., No. 1:21-cv-06079 (N.D. Ill. Sept. 13, 2022) Curtis sued over “recyclable” claims on 7-Eleven products; the court rejects theories based on the fact that most “recycl able ” plastic isn’t recycled, but accepts theories based on claims that it wasn’t even recyclable for lack of appropriate marking of what kind of plastic it was (designations known as RIC labels that “give recycling facilities the necessary information to sort the products”).

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Are “intended use” and “normal use” the same in EU design law? Court of Justice to interpret in case C-472/21

The IPKat

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). While the notion is itself tricky, the case also has a linguistic twist – the term has different translations in different versions of Directive 98/71. Request for a preliminary ruling in C-472/21 originates from a German invalidity case.

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"white chips" plausibly misleading about chocolate content, Cal. court rules

43(B)log

Salazar v. Target Corp., 2022 WL 4298521, Cal.Rptr.3d -, 2022 WL 4298521, No. E076001 (Ct. App. Sept. 19, 2022) First of two white chocolate cases; unlike federal courts (and the court below), the court of appeals says that consumers were plausibly misled about whether Target’s White Baking Morsels contained white chocolate. The court of appeals found that a key fact was that the White Baking Morsels’ price tag describes them as “WHT CHOCO,” which could lead a reasonable consumer to reasonably b

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Federal Circuit Review - August 2022

JD Supra Law

In Thaler v. Vidal, Appeal No. 21-2347, the Federal Circuit held that, under the Patent Act, an “inventor” must be a natural person. Therefore, an AI system cannot be an inventor.

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Top EPO representatives 2021

IAM Magazine

The three leading representative IP firms at the EPO in 2020 retained their positions last year, with Hoffman Eitle sitting at the top of the table for the fourth time since we started following the data

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