Thu.Jul 07, 2022

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Greece Prosecutes Owner of American VPN Service Over Fraudulent User Transactions

TorrentFreak

Amidst growing concerns surrounding online privacy and security, VPN services have become increasingly popular in recent years. Millions of people use VPNs to stay secure and to prevent outsiders from tracking their online activities. As with regular Internet providers, a subsection of these subscribers may be engaged in shady activities. This can create serious problems.

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When it Comes to Patent Reform, Watch What Google Does – Not What it Says

IP Watchdog

The debate over patent reform is heating up again. Last month, Google published a blog post on patent reform, purportedly aimed at promoting American innovation. In it, Google decried the rising tide of “wasteful patent litigation,” railed against the disfavored practice of “forum shopping” and advocated for pending legislation aimed at making it easier for large companies to challenge the validity of patents owned by smaller rivals — all in the name of promoting a patent system that “incentiviz

Patent 132
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BitTorrent ‘Copyright Trolls’ Given Green Light By Finland’s Supreme Court

TorrentFreak

More than eight years ago, internet subscribers in Finland began receiving letters claiming that they owed hundreds of euros to companies they’d never heard of. The letters, sent by the law firm Hedman Partners, alleged that subscribers’ internet connections had been used to download or share movies (some pornographic) using BitTorrent. Alleged pirates were given a choice – pay a substantial settlement amount to the rightsholders or face punishing legal action.

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World Stem Cell Summit offers guidance on positioning your regenerative medicine start-up for success

JD Supra Law

Speaking at the World Stem Cell Summit hosted by the Regenerative Medicine Foundation, Hogan Lovells partners Andrew Strong and Barry Burgdorf provided best practices for launching a start-up biotech company in the cell, tissue, and gene therapy (CTGT) space, as well as insights into how to build value in the company in a challenging investment landscape.

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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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Build, Buy, or Partner: 5 Considerations for your Organization

IP.com

Innovation is a necessity in today’s fast-paced, global economy. Companies innovate to solve problems they and their customers face, improving current products and introducing new options within their current industry. The post Build, Buy, or Partner: 5 Considerations for your Organization appeared first on IP.com - IP Innovation and Analytics.

IP 98
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Top Legal Issues Facing the Manufacturing Sector in 2022

JD Supra Law

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become even more agile and resilient as they evolve their operations to succeed in this “new normal.” Foley’s Manufacturing White Paper explores the shifts in the manufacturing sector in the detailed sections below.

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MSCHF Looks to the 2nd Circuit to Get Out of Trouble with Vans

The IP Law Blog

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc. v. MSCHF Product Studio, Inc. In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy Baby sn

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Actavis Loss In ADHD Drug IP Fight Backed By Fed. Circ.

IP Law 360

The Federal Circuit has upheld a ruling from Delaware's top federal judge that found a Teva unit failed to show three patents on the ADHD treatment Quillivant XR were invalid, finding the unit had not proved the judge made any errors.

IP 98
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[Webinar] AI Is Coming to an Invention Near You - July 21st, 9:00 am - 10:00 am PDT

JD Supra Law

Artificial Intelligence (AI) is everywhere and it’s evolving. AI finds application in virtually every technology and business paradigm. If you haven’t seen it already, AI is coming soon to an invention near you and can be found in a greatly increasing number of patent applications and patent claims.

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Fed. Circ. Questions Bid To Undo Ax Of $308M Apple Verdict

IP Law 360

A Federal Circuit panel had tough questions Thursday for a Personalized Media Communications attorney who argued that an Eastern District of Texas judge wrongly erased its $308.5 million verdict against Apple by finding that the company slow-walked its patent applications.

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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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Unequal Speech: How to Explain the Contradictory Criticism of the CRTC Radio-Canada Decision and Support for Bill C-11

Michael Geist

The controversy over the CRTC’s Radio-Canada decision involving its repeated use of the N-word has continued to grow with Quebec-based politicians – including the governing CAQ and the Liberal Party of Quebec – warning of censorship and calling on Canadian Heritage Minister Pablo Rodriguez to reverse the CRTC decision. The outpouring has left me struggling to reconcile the seeming hypocrisy of politicians who warn about the dangers of CRTC speech regulation even as they have been the most

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The art of the deal. FTA creates new possibilities in Europe

JD Supra Law

The wrapping paper of the nation’s newest free trade agreement is now on the floor. What do we have, exactly, in the new EU/New Zealand Free Trade Agreement (EU/NZ FTA), and what outcomes may we expect?

Art 98
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A Groundbreaking Transformative Agreement Powered by Data

Velocity of Content

Over the last decade, scholarly publishing everywhere has seen immense change across all stages of the research workflow. One constant that has remained throughout is our job as publishers to facilitate the movement of value-added information from researchers to readers. In order to achieve this goal, my ACS colleagues and I are continually looking for ways to improve upon the Open Access workflow for authors, funders, researchers and readers and promote the publication of scholarly research.

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Choosing to grow: The leader’s blueprint

McKinsey Operations

Driving sustainable, inclusive growth requires the right mindset, strategy, and capabilities. Here are some steps that could help foster successful growth.

Marketing 104
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Guest Post by Prof. Contreras: Continental’s Antitrust Suit Against Avanci is Dismissed, but with Fewer Consequences for FRAND

Patently-O

Guest Post by Professor Jorge L. Contreras. On June 22, 2022, the Fifth Circuit reissued its opinion in Continental v. Avanci , replacing an earlier opinion that it issued on February 28. While the reissued opinion continues to uphold the district court’s dismissal of the suit, it also eliminates the entirety of the Circuit’s earlier dicta concerning the nature of FRAND commitments and Article III standing, dicta that was heavily criticized by amici curiae.

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Meeting the member where they are: What is the future of health equity?

McKinsey Operations

A conversation about addressing the well-being of underserved patient populations and ensuring zip codes are not a key predictor of health outcomes.

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American Eagle Argues Walmart Stole Jean-Pocket Design

IP Law 360

Walmart so blatantly copied American Eagle Outfitters' distinctive pattern of stitching on the back pockets of its women's jeans that a Pennsylvania federal court should grant summary judgment on claims that the retail giant violated the Lanham Act, American Eagle's counsel argued Thursday.

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BEA Releases New Data on Foreign Direct Investment in the United States

U.S. Department of Commerce

BEA Releases New Data on Foreign Direct Investment in the United States. July 7, 2022. KCPullen@doc.gov. Thu, 07/07/2022 - 11:37. The following is a cross-post from the Bureau of Economic Analysis. Expenditures by foreign direct investors to acquire, establish, or expand U.S. businesses totaled $333.6 billion (preliminary) in 2021. Expenditures increased $192.2 billion from $141.4 billion (revised) in 2020 and were above the annual average of $289.7 billion for 2014–2020.

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Artist Must Face Viral Banana Wall Art Copyright Suit

IP Law 360

The artist behind a viral installation of a banana taped on a wall can't escape a copyright lawsuit accusing him of plagiarizing another artist's work, with a Florida federal judge finding that the "absurd and farcical nature" of a duct-taped banana met the minimum bar for creativity.

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Charting the global energy landscape to 2050: Sustainable fuels

McKinsey Operations

Our Global Energy Perspective 2022 outlines the most significant trends, challenges, and opportunities around the longer-term energy transition—and five potential energy scenarios. The report provides an outlook to 2050 for each energy type and carrier, including hydrogen, sustainable fuels, natural gas, oil, and coal, as well as a view on the role of carbon capture, utilization, and storage (CCUS).

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No Winners' Fees In 'Tie Game' TM Case, 11th Circ. Says

IP Law 360

The Eleventh Circuit said Thursday a real estate brokerage isn't entitled to costs and exceptional case fees in its trademark dispute against another brokerage, deciding in an issue of first impression that civil suits can end in a tie.

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After a strong 2021, European private banking faces headwinds

McKinsey Operations

Western Europe’s private banks posted near-record profits last year, thanks to a high-performing market, but operational improvements stalled.

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The Role of Patents: A Competition Sword or Shield

IPilogue

Andrew Masson is an IPilogue Writer and 2L JD candidate at Osgoode Hall Law School. . A business’ success is strongly tied to the ability to protect Intellectual Property. However, the USA appears to use patent protections as a sword to attack and acquire large market shares, instead of as a shield to protect from other companies’ encroachment on another’s IP.

Patent 59
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Recommended Reading: The Trademark Reporter, May-June 2022 Issue

The TTABlog

In addition to Professor Lorelei Ritchie's article, blogged yesterday, the May-June issue of The Trademark Reporter [pdf here ] includes an article by Dr. Xiaoren Wang on trade dress protection and its impact on competition, and a reply by four scholars to Hal Poret's critique of their 2019 dilution study. Table of Contents Recognizing the "Use-fulness of Evidence at the TTAB," Lorelei D.

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The CCPA’s Lasting Impact on U.S. Patent Law: Part 1

LexBlog IP

The Court of Customs and Patent Appeals (CCPA), which always sat en banc and was the predecessor to today’s Court of Appeals for the Federal Circuit (CAFC), developed a rich body of jurisprudence relating to U.S. patent law. Titans of the U.S. patent bar, such as Judge Giles Sutherland Rich, who was a co-author of the 1952 Patent Act, populated the CCPA and rendered those decisions.

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Herbert Smith Freehills advises sole sponsor on Rainmed Medical Limited's Hong Kong IPO ???????????????????????????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Huatai Financial Holdings as the sole sponsor of medical device company Rainmed Medical Limited (02297.HK)’s mainboard listing on the Stock Exchange of Hong Kong. Rainmed Medical listed on 8 July 2022. The company designs, develops and commercialises vascular interventional surgical robots for coronary angiography treatment.

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Vidal Drills Down On Patent Abuse In VLSI Director Review

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal on Thursday made clear she wants to get to the bottom of patent abuse allegations tied to challenges of VLSI patents Intel owes $2 billion for infringing, setting out extensive briefing for the parties and calling for outside input.

Patent 52
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Impact of Current 101 Jurisprudence on Precision Medicine Innovation

JD Supra Law

The USPTO recently released a Report to Congress (“Report”) detailing the results of its call for public comments regarding the impact of U.S. jurisprudence on patent subject matter eligibility. The Report is responsive to requests from Senators Thom Tillis (R-NC), Chris Coons (D-DE), Mazie Hirono (D-HI), and Tom Cotton (R-AR) to collect information from the public1 on the current state of patent eligibility jurisprudence in the United States and provide a report based on the evaluated responses

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Trademark Counterclaim: A Counterattack for TTAB Oppositions and Cancellations

Patent Trademark Blog

What is a trademark counterclaim? Is the best defense a strong offense? When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. Monetary relief is unavailable in TTAB proceedings. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer.

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Three’s a charm

Likelihood of Confusion

Today marks the third “blogiversary” (ugh!) of LIKELIHOOD OF CONFUSION®! Kudos to bRight & Early blog for reminding me by linking here, and, as I explained last year, to Dean. The post Three’s a charm appeared first on LIKELIHOOD OF CONFUSION™.

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Fed. Circ. Wary Of Undoing Endo Loss Over Vasostrict Fight

IP Law 360

Two Federal Circuit judges on Thursday repeatedly pushed back on an Endo International unit's assertion that a Delaware federal judge erroneously declined to stop Eagle Pharmaceuticals Inc. from launching a generic version of blood pressure medication Vasostrict after finding that Endo's newer patents covering the blockbuster drug wouldn't be infringed.

Patent 52
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Federal Circuit Review - June 2022

JD Supra Law

Claims With Clerical Errors Can Be Judicially Corrected and Willfully Infringed - In Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 21-1834, the Federal Circuit held that a court can correct obvious minor typographical or clerical errors in claim language, even when doing so would alter the claimed structure, and that reliance on such a clerical error is not a defense to willful infringement.

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MSCHF Looks to the 2nd Circuit to Get Out of Trouble with Vans

LexBlog IP

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc. v. MSCHF Product Studio, Inc. In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy B

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Split Federal Circuit Reverses Contempt Order, Sanctions Award in Protective Order Dispute

JD Supra Law

A split panel of the US Court of Appeals for the Federal Circuit reversed a district court’s contempt order and sanctions award, finding that there was a fair ground of doubt regarding whether the defendant’s counsel’s disclosure to a third party under a joint defense agreement constituted a violation of a protective order (PO).

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Joint Advisory Warns of MedusaLocker Ransomware

LexBlog IP

A recently-issued joint advisory by the FBI, the Cybersecurity and Infrastructure Security Agency, the Financial Crimes Enforcement Network, and the Treasury Department warns that MedusaLocker ransomware “targets vulnerabilities in Remote Desktop Protocol (RDP) to access victims’ networks.” The alert encourages “network defenders to examine their current cybersecurity posture and apply the recommended mitigations,including: Prioritize remediating known exploited vulnerabi