Mon.Aug 29, 2022

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The Basics of Open Access

Plagiarism Today

If you’re a researcher looking to publish your first article, one of the biggest choices that you will likely be confronted with is the choice of publishing in your work Open Access or going with a traditional, closed access publisher. Both have their advantages and disadvantages. Both also have major impacts on the rights of the author and the visibility of the research and the ability of others to build upon that research.

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First preliminary injunction issued by a court in Turkey regarding NFTs

The IPKat

Few issues in the world of intangible rights contain as many legal uncertainties as do non-fungible tokens. Kat friends Mutlu Y?ld?r?m Köse and Havva Y?ld?z discuss a recent decision rendered in Turkey, representing the first foray by a Turkish court into these murky legal waters. Non-Fungible Tokens (NFTs), ranging from art and literature to fashion and cinema, remain among the hottest legal topics in the world of intangible rights, despite the lack of clear legal regulation.

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Trending Sources

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3 Count: Stop Gun

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘Top Gun: Maverick’ Copyright Lawsuit Should Be Grounded, Paramount Says. First off today, Dominic Patten at Deadline reports that Paramount Pictures has filed a motion to dismiss in a lawsuit filed against them over the movie ˆ in a bid to get the case tossed out quickly.

Cinema 169
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Austrian ISPs ‘Had No Choice’ But to Block Pirate Sites AND Cloudflare

TorrentFreak

In common with many countries in Europe, Austria couldn’t escape pressure from rightsholders to implement site blocking to prevent piracy. Local ISPs didn’t like the idea but following a ruling by the European Court of Justice in 2014, rightsholders took legal action to have sites blocked. ISPs fought all the way to the Supreme Court, but to no avail.

Music 140
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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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Strategic courage in an age of volatility

McKinsey Operations

Today’s challenging environment requires business leaders to hone their edge in three critical areas: insights, commitment, and execution.

Business 133
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Netfllix and Disney Continue to Expand Australian Pirate Site Blocklist

TorrentFreak

Copyright holders are increasingly demanding that ISPs should block access to pirate sites in order to protect their business. This is also the case in Australia, where blocking injunctions became commonplace in recent years. Thus far, hundreds of sites have already been blocked. This includes many well-known players including The Pirate Bay, YTS, RARBG, Fmovies, and Flixtor.

Copyright 136

More Trending

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YouTube Holds Licenses For Copyright Lawsuit Plaintiff’s “Entire Back Catalog”

TorrentFreak

A class action lawsuit filed by Maria Schneider against YouTube more than two years ago has support from artists who believe big tech should do better. While that opinion is widespread in the music industry, no musical artists of any description joined Schneider in the class action, despite the plaintiffs oozing confidence in their allegations. Mass copyright infringement, failure to suspend repeat infringers, and breaches of the DMCA are all featured in a case that seems to have one key goal &#

Licensing 136
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A Failure of Responsibility: My Reflections on Canadian Heritage Funding an Anti-Semite and Being Wrongly Called Racist by a Sitting MP

Michael Geist

It is thankfully not everyday that a sitting Member of Parliament uses social media to suggest that you are racist. Yet that is precisely what happened to me last week when Chris Bittle, the Parliamentary Secretary to the Minister of Canadian Heritage, suggested that my public comments on Twitter calling for Heritage Minister Pablo Rodriguez to say something about his department funding an anti-semite as part of its anti-hate program was grounded in racism.

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Chinese Co. Put Dead Atty's Name On TM Apps, USPTO Says

IP Law 360

A Chinese company used the name of a deceased attorney, plus invented a fictitious attorney, to file thousands of trademark applications with the U.S. Patent and Trademark Office, according to a show cause order issued by the agency.

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Domain Name News: July, August 2022

JD Supra Law

This is the July / August edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news, including: Launch of.KIDS, Slow uptake of.AU direct by priority registrants, and EURid slows but grows. Domain name recuperation news, including: Domino match, If the shoe doesn’t fit… the Panel finds that the UDRP did not apply on the facts, and Exact match between.

Editing 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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RJ Reynolds Stole Design For Blockbuster Vape, Jury Hears

IP Law 360

The parent company of Philip Morris USA told a federal jury in North Carolina on Monday that rival R.J. Reynolds ripped off its patents for a pod-style vape that catapulted the tobacco giant to the top of the electronic cigarette market, but never paid a royalty.

Designs 98
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Russia Considers Introducing Compulsory Licensing for Copyrights

JD Supra Law

On August 19, Russian State Duma member Andrey Kuznetsov introduced a bill on compulsory licensing of copyrights that allows the courts to approve compulsory licenses for content and other copyrightable objects not available in Russia.

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Delivering the US manufacturing renaissance

McKinsey Operations

The stage is set for a manufacturing resurgence in the United States. Can the country’s producers make it happen?

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No (More) Bites at the mRNA Apple: Pfizer and BioNTech Seek Declaratory Judgment of Noninfringement Relating to Their COVID-19 Vaccine in New Suit

JD Supra Law

On 25 July 2022, BioNTech SE and BioNTech Manufacturing GmbH (collectively, BioNTech) and Pfizer Inc. (Pfizer) (collectively, Plaintiffs) filed suit1 in the District of Massachusetts against CureVac AG (CureVac or Defendant). Plaintiffs seek declaratory judgment of noninfringement of the patents-in-suit, U.S. Pat. Nos. 11,135,312 ("Pharmaceutical composition containing a stabilised mRNA optimised for translation in its coding regions"), 11,149,278 (Artificial nucleic acid molecules for improved.

Patent 97
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My “Summer” 2022 Activities

Technology & Marketing Law Blog

I’ve regularly done a roundup post of my summer accomplishments when school starts. This year is a little different. I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either.

Editing 87
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Oral Arguments Rescheduled in CRISPR Interferences

JD Supra Law

On August 16th, the Patent Trial and Appeal Board rescheduled back-to-back oral hearings for interferences between ToolGen Inc. (Senior Party) and Junior Party The Broad Institute, Massachusetts Institute of Technology.

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Canons and Canards: Enablement and Utility in CFMT v. YieldUp

Patently-O

by Dennis Crouch. In Patent Law class today, we started the chapter on “disclosure” that focuses on doctrines of enablement, written description, and best mode as codified in 35 U.S.C. 112(a). (a) In General.— The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected

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CAFC Says Failure to Appeal Examiner Cancellation Mooted Appeal of IPR Obviousness Findings

IP Watchdog

On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Best Medical International, Inc. v. Elekta Inc. affirming rulings by the Patent Trial and Appeal Board (PTAB) that invalidated patent claims covering a method and apparatus for radiation therapy of tumors. The appellate court, which issued a modified version of the opinion today to correct some minor formatting problems, also determined that Best Medical International (BMI) lacked standing to

Patent 75
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Formulation Patent Strategies Carry Untapped Potential

IP Law 360

The traditional formulation patent protections often associated with personal care products can and should extend to broader usages from vaccines to 3D printers, and five strategies can help businesses to leverage this tool, says Tamsen Barrett at Norton Rose.

Patent 75
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This Week in Washington IP: Thinking Critically About Patent Reports, Innovation in the U.S. Air Force, and Addressing the Data Divide

IP Watchdog

This week in Washington IP news, former U.S. Patent and Trademark Office Director Andrei Iancu offers remarks at a Center for Strategic & International Studies event that provides a critical view of methodologies being employed by reports ranking the most innovative companies or countries. Elsewhere, the American Enterprise Institute looks at modernization efforts at the U.S.

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PTAB Briefs Suggest VLSI Challenger Also Courted Intel

IP Law 360

A round of August briefings in the high-profile Patent Trial and Appeal Board challenges to two VLSI Technology LLC patents at the heart of its $2.18 billion verdict against Intel Corp. suggest OpenSky Industries LLC tried to collaborate with the chipmaker before allegedly offering to work with VLSI to tank the case.

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Google’s defamation liability: Google LLC v Defteros

Barry Sookman

Is a search engine a publisher for defamation purposes when an organic search result returns a hyperlink to materials that are defamatory? According to a divided High Court of Australia in Google LLC v Defteros [2022] HCA 27, it is not. However, search engines may still be liable for defamation if search results encourage or entice users to click on links or if contextually the results amount to adoption or endorsement of the specific content linked to.

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Delta-8 Vape Co. Wants Counterclaims Knocked Out In IP Suit

IP Law 360

The California company behind the Cake brand of Delta-8 THC vaping products has asked a federal judge to toss "confusing" counterclaims filed by businesses it has accused of leading a "national counterfeit network" that has distributed some $360 million worth of knockoff goods.

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Biosimilar Regulatory Approval Updates

LexBlog IP

Teva announced today that the European Commission has granted marketing authorization for RANIVISIO, a biosimilar ranibizumab, for the treatment of age-related macular degeneration (AMD). Teva entered into a strategic partnership with Bioeq AG for the exclusive commercialization of ranibizumab. According to the press release, RANIVISIO (ranibizumab) will be the first ophthalmology biosimilar of LUCENTIS to be commercialized in Europe.

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How Law Firm Operations Can Adjust To New COVID Realities

IP Law 360

Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

Law 75
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Kick in the head

Likelihood of Confusion

David Nieporent brings our attention to Overlawyered: “The Microsoft of kickball”: The complaint accuses DCKickball founder Carter Rabasa of copyright infringement for unauthorized use of WAKA’s co-ed kickball rules, including. The post Kick in the head appeared first on LIKELIHOOD OF CONFUSION™.

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Comics' Agent Says Pandora Antitrust Claims Are A Bad Joke

IP Law 360

An agency representing the estates of George Carlin, Robin Williams and active comedians who are suing Pandora for copyright infringement urged a California federal judge Monday to toss Pandora's antitrust counterclaims, arguing the agency isn't illegally withholding individual licenses to its talents' work.

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After Years in Court, Prince’s Estate is Finally Settled

LexBlog IP

Prince was a fierce defender of his intellectual property but neglected to draft a will. Finally, it has come to an end. The post After Years in Court, Prince’s Estate is Finally Settled appeared first on Legal Business Global.

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Google, YouTube Want Out Of Artists' Music Copyright Row

IP Law 360

Google and YouTube have urged a California federal judge to boot a proposed class action by content owners accusing them of removing copyright management information, arguing that the suit is time-barred.

Music 75
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Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

LexBlog IP

While preliminary injunctions are not uncommon in trade secrets misappropriation cases, a recent Fifth Circuit decision highlighted the importance that the movant put forth colorable evidence of misappropriator “use” of the trade secrets in preliminary injunction cases. In CAE INTEGRATED, L.L.C.; Capital Asset Exchange and Trading, L.L.C. v.

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Confidence In Research

Velocity of Content

As a result of the COVID-19 pandemic, the public and governments have focused increased attention on scientific research, hoping to find not only solutions, but also certainty. Yet science advances through trial and error. That conflict of expectations is understandable and ultimately may be unresolvable. Now, a broad coalition hopes to address the challenge with confidence-building activities, beginning with the researcher community.

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Reward and Remuneration to the Inventors of Service Invention completed by the Subsidiary but Applied for Patent by the Parent Company

JD Supra Law

The first paragraph of Article 15 of the Patent Law stipulates: "The organization which has been granted patent rights shall reward the inventor or designer of a service invention-creation; upon implementation of the patent for the invention-creation, the inventor or designer shall be given reasonable remuneration according to the scope of promoted applications and economic benefits received.

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O'Melveny Adds Longtime Life Sci IP Litigator From Honigman

IP Law 360

An attorney who previously launched Honigman LLP's life sciences and intellectual property litigation practice has joined O'Melveny & Myers LLP as a partner in its New York office, the firm announced Monday.

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How Marketing and IP Legal Teams Can Get on the Same Page

JD Supra Law

Legal and marketing departments might sometimes seem like oil and water. Ask trademark lawyers about marketing or vice versa, and you might see some exasperated eye rolls. We’ve heard the stereotypes: The creatives in marketing don’t take risks seriously. Legal always puts the kibosh on our ideas.

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Precedential No. 23: F**K Fails to Function As a Source Indicator for Jewelry, Bags, and Retail Services, Says TTAB

The TTABlog

Erik Brunetti, famous in the trademark world for knocking the scandalous and immoral provision of Section 2(a) out of the Lanham Act [ TTABlogged here ], returned to the TTAB in this battle over the proposed mark F**K for phone cases, jewelry, bags, and retail store services, in four separate applications. The Board affirmed each of the refusals to register on the ground that F**K fails to function as a trademark, concluding that the "f**k" is in such widespread use that it does not create the c