Thu.Feb 23, 2023

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Why Schools Are Ignoring Old Cases of Plagiarism

Plagiarism Today

As searchers find evidence of plagiarism in old dissertations and theses, they're finding schools are less willing to investigate such cases. The post Why Schools Are Ignoring Old Cases of Plagiarism appeared first on Plagiarism Today.

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U.S. Copyright Office Clarifies Limits of Copyright for AI-Generated Works

IP Watchdog

The U.S. Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements. In a letter sent to Kashtanova’s counsel on Tuesday, the USCO expressed its concerns that underlying artwork generated using the AI-powered text-to-image tool Midjourney was capable of meeting the human authorship requirement for copyright protection.

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3 Count: Disney Dodge

Plagiarism Today

US Copyright Office rejects another AI copyright, film studios want Reddit to identify pirate users, and Disney wins a long-running lawsuit. The post 3 Count: Disney Dodge appeared first on Plagiarism Today.

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Why Machine Training AI with Protected Works is Not Fair Use

The Illusion of More

As most copyright watchers already know, two lawsuits were filed at the start of the new year against AI visual works companies. In the U.S., a class-action was filed by visual artists against DeviantArt, Midjourney, and Stability AI; and in the UK, Getty Images is suing Stability AI. Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More.

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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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Russia Claims Ukraine & Allies Use Pirate Sites to Spread Propaganda

TorrentFreak

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. Following the invasion of Ukraine a year ago, new video content produced by major Western companies mostly disappeared from Russian cinemas and online platforms. Older content covered by existing licensing agreements remained in place, but in a matter of days, many of those deals will run out.

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Informal innovation: The re-emergence of ‘informal’ washing machines

SpicyIP

Image from here A topic close to this blog’s heart – informal innovation, recently made headlines. The Prime Minister of the UK awarded Navjot Sawhney with the Points of Light Award for his hand-cranked washing machines. This award recognises volunteers, charity leaders and community champions. Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity.

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Seizing the momentum to build resilience for a future of sustainable inclusive growth

McKinsey Operations

The ‘resilience agenda,’ developed by the World Economic Forum with McKinsey & Company, is the first serious program to coordinate long-term solutions throughout our disrupted world.

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Five Reasons Bitcoin and Cryptocurrency Startups Should Prioritize IP

JD Supra Law

Despite recent headlines that have proclaimed “The End of Crypto” in view of large-scale failures at cryptocurrency companies like FTX, Celsius, and Blockfi, innovation in the space continues at an accelerating pace. Startups around the world are focused on building new products and applications designed to improve the ability of users to manage and deploy their bitcoin and cryptocurrency assets.

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What climate-smart agriculture means for smallholder farmers

McKinsey Operations

McKinsey research identified more than 30 measures that smallholder farmers can pursue to adapt to and mitigate climate change.

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2022 Design Patents Year in Review: Analysis and Trends: PTAB: Odds of Escaping Challenges Remain Steady for Design Patents, Despite First Instituted Challenge to Design Patent for Graphical User Interface

JD Supra Law

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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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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Mandated Payment for Links To Cover 35% of News Expenditures?: Google Responds to Bill C-18 By Testing Blocking Links to News Content

Michael Geist

The battle between Canadian Heritage Minister Pablo Rodriguez and Internet giants Google and Facebook continues to head toward a seeming inevitable collision in which the government repeatedly says it will not be intimidated even as the two Internet companies block or reduce access to news content on their platforms in Canada. Reports last night indicate that Google is now testing blocking news links for a small percentage of Canadian users, with the company saying it needs to assess potential r

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Federal Circuit: Only Minimal Evidence Needed to Satisfy Corroboration Requirement in Priority Contests

JD Supra Law

The US Court of Appeals for the Federal Circuit recently held that the Patent Trial and Appeal Board correctly considered evidence of multiple witnesses to be sufficient in corroborating actual reduction to practice when determining priority in interference proceedings, notwithstanding limited documentary evidence.

Patent 98
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AI-Generated Comic Art Not Protected, Copyright Office Says

IP Law 360

An artist who used artificial intelligence platform Midjourney to create illustrations for their comic book illustrations has received a limited copyright registration on their work after the U.S. Copyright Office determined that only some parts of the book can be protected by copyright.

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[Webinar] Is Your Life Sciences Patent Enabled? - March 14th, 12:00 pm PT

JD Supra Law

U.S. Supreme Court Will Decide This Year - In this year’s foray into patent law, the Supreme Court will decide whether Amgen’s patent that claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences is invalid for not meeting the enablement requirements of Section 112(a).

Patent 98
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The race to decarbonize electric-vehicle batteries

McKinsey Operations

While electric vehicles are clean, their batteries are highly carbon intensive to produce. Leading manufacturers are moving fast to try to fix that.

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Vodafone loses its appeal in patent case: unjust, or simply inevitable?

The IPKat

In a rare turn of legal decision-making, Vodafone has paid almost £1 million in costs for infringing a patent since revoked by the European Patent Office (EPO) – a state of affairs that the Court of Appeal says it cannot overturn. Is this injustice or the inevitable result of an avoidable situation? Kat friend Jennifer Bryant breaks down the case, in which Vodafone has come in for some fairly harsh criticism from the Court of Appeal judges, who have called it 'the author of its own misfortune'.

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Women in the workplace: Breaking up to break through

McKinsey Operations

Record numbers of women leaders are leaving their jobs. Research reveals what’s behind the “great breakup”—and how employers can reverse the trend.

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[Guest post] Retromark Volume XII: the last six months in trade marks

The IPKat

Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months: Retromark Volume XII: the last six months in trade marks by Darren Meale Volume XII has taken a little longer than usual to pull together, but there’s been plenty of good material to squeeze into it. We’ve got everything from smartwatches and chocolate to energy drinks and Louboutins in the 10 cases that follow.

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Amici Urge Justices to Grant Novartis’ Petition on CAFC’s Approach to Reconstituting Panels

IP Watchdog

A number of amici weighed in this week on Novartis Pharmaceuticals’ petition to the U.S. Supreme Court asking the Justices to consider whether the U.S. Court of Appeals for the Federal Circuit (CAFC) should have been allowed to vacate the decision of a previous three-judge panel composed of different judges, thus invalidating Novartis’ patent for a dosing regimen for its multiple sclerosis drug, Gilenya.

Patent 75
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Black History Month: Forging a Path for Others to Come

U.S. Department of Commerce

Black History Month: Forging a Path for Others to Come February 23, 2023 KCPullen@doc.gov Thu, 02/23/2023 - 11:52 Export and investment promotion By Ian Saunders, Deputy Assistant Secretary for Global Markets, Western Hemisphere, International Trade Administration Black History Month provides us an opportunity to reflect on the ongoing struggle for racial justice, and I took this time to think about my own journey as a Black man.

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Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

The IPKat

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. On the contrary: it has embraced them as a useful tool. In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ).

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'Elf' Vape Makers Get Order Blocking Counterfeiters

IP Law 360

A Florida federal judge on Thursday ordered a Chinese vape maker to stop marketing its "Elfbar" brand electronic cigarettes in the U.S., finding that VPR Brands LP, which makes and sells "Elf" brand vapes, is likely to succeed on its claims that the Elfbar vapes infringe its trademark.

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Test Your Knowledge: Census Trivia in Honor of Black History Month

U.S. Department of Commerce

Test Your Knowledge: Census Trivia in Honor of Black History Month February 23, 2023 KCPullen@doc.gov Thu, 02/23/2023 - 11:28 By Michele Lee, Intern, Office of the Secretary, Office of Public Affairs Every February, people in the United States celebrate the achievements and history of African Americans as a part of Black History Month. Black Americans have been integral to the development and advancement of innovation in the United States, with more than 30% employed in management, business, sci

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Saying J&J Rival Shows 'No Respect,' Judge Issues Sales Ban

IP Law 360

A private equity-funded company's efforts to corner the veterinary surgical market is at the center of a sales injunction from a federal judge in Florida that ripped the company for demonstrating "no respect" for a nearly $60 million jury verdict that found the business was actually selling knockoffs of a popular Johnson & Johnson product.

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What the most productive companies do differently

McKinsey Operations

A new report from McKinsey Global Institute finds that U.S. productivity growth has slowed in the last 15 years to 1.4% annual growth (as compared to long-term rates of 2.2% since 1948). It also found striking variations in productivity among leading and lagging firms within each sector — a gap that is only widening, write Charles Atkins, Austosh Padhi, and Olivia White in Harvard Business Review.

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Dell, VMware Win Patent Trial With Albright-Directed Verdict

IP Law 360

Western District of Texas Judge Alan Albright issued a directed verdict Thursday in favor of Dell and VMware, ending a trial in which prolific plaintiff Brazos Licensing & Development accused the companies of infringing cloud computing patents and sought $435 million in damages.

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Survey: Vietnamese consumer sentiment heading in 2023

McKinsey Operations

While Vietnamese consumers remain among the most optimistic about their economy in 2023, significant groups also expect lower income levels and higher prices.

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Delta-8 Vape Maker Renews IP Claims Over 'Cake' Products

IP Law 360

AK Futures LLC has renewed claims against two distributors it says are part of "an advanced, well-funded, international network of counterfeiters" that are infringing its "Cake" brand of electronic cigarette products.

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Federal Court Awards Company Only $1.00 in Damages in Misappropriation Case against Former Employee

Trading Secrets

The District of Maryland recently awarded a software developer a mere $1.00 in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. In AirFacts, Inc. v. de Amezaga , AirFacts, a developer of accounting software for airlines, filed suit against Diego de Amezaga, its former director of product development, alleging that de Amezaga’s sub

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Disney Knocks Down Suit Over Thanos VFX Tech

IP Law 360

A visual effects company that claims The Walt Disney Co. illegally used its technology to create the iconic film character Thanos has not done enough to back up its allegations, a California federal judge has ruled in dismissing its copyright and patent infringement lawsuit.

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Catching up: Meta wins (one) infringement claim about its rebrand on motion to dismiss

43(B)log

Dfinity Found. v. Meta Platforms, Inc., 2022 WL 16857036, No. 22-cv-02632-CRB (N.D. Cal. Nov. 10, 2022) Dfinity alleged that Meta infringed its Dfinity and Rainbow marks in its rebranding. The court granted a motion to dismiss on lack of likely confusion. Dfinity is a nonprofit organization that runs the Internet Computer, a public blockchain network.

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Speaking to hearts and minds in healthcare

McKinsey Operations

The power of spoken word can be a messenger for change.

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Site news: cross posting to Wordpress seems down, but email subscription is here

43(B)log

I'm trying Mailchimp if you want to get posts by email. I'm also trying to fix the crosspost to Wordpress, but I'll have to see if that works. Other places to find me: Twitter , Mastodon ; LinkedIn if I can get that fixed.

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Dragons’ Den, Series 20 Episode 8

Dragons' Den

Plants cleared from gardens, plant-based food delivered to homes, dog snout scanners and adaptive designer wear…another intriguing evening of investor-innovator suspense beckoned as I settled down to watch this week’s Dragons’ Den. Two of these in particular attracted my attention. Can Sally and James make a clean sweep? Now, while I would class myself as a keen gardener, I like some tasks less than others.

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Claim Construction Arguments Shine Bright

LexBlog IP

In Allele Biotechnology and Pharmaceuticals Inc. v. Regeneron Pharmaceuticals Inc. , 20-CV-08255 (SDNY Dec. 5, 2022), the United States District Court for the Southern District of New York construed four disputed terms “isolated,” “monomeric or dimeric LanYFP fluorescent protein,” “monomeric polypeptide,” and “non-naturally occurring” in favor of Plaintiff Allele.