Mon.Aug 01, 2022

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3 Count: Bright House Begins

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Latest Majors v ISP Copyright Case Heading to Trial Next Week. First off today, Chris Cooke at Complete Music Update reports that the case between the major record labels and the now-former internet service provider Bright House is heading to a trial this week as the judge has ruled on some last-minute pre-trial motions.

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Illegal Blocking of Copyrighted Content to Be Punished Under Russian Draft Law

TorrentFreak

Given the phenomenal rate at which pirated content is uploaded and spread online, it’s no surprise that mistakes are made by those attempting to block or take it down. Even at a rate of 99% accuracy, well-intentioned takedown requests have the potential to cause damage to people that have nothing to do with piracy. Indeed, erroneous or malicious takedown and blocking requests can deny other copyright holders the ability to exercise their right to distribute copyrighted content.

Law 141
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Trending Sources

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This Week at the Ninth: Public Fora and Pretrial Disclosures

JD Supra Law

This week, the Court wrestles with a thorny First Amendment question that has divided other Courts of Appeals and considers district courts’ ability to impose sanctions under Rule 37(c)(1). The Court holds that two local officials’ blocking of particular constituents’ comments on the officials’ social media pages violated the First Amendment.

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VeePN Agrees to Block Torrent Traffic and Pirate Sites on U.S. Servers

TorrentFreak

Over the past year, a group of independent movie companies filed a series of lawsuits against VPN providers. The makers of films such as “I Feel Pretty,” “Once Upon a Time in Venice” and “Dallas Buyers Club” accuse these services of turning a blind eye to piracy or actively promoting it. Filmmakers Sue VeePN. VeePN has become the latest target in this legal effort.

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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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Hallmarks of an Ethics and Transparency Program

Olartemoure Blog

According to the Superintendency of Corporations in Colombia. Colombia’s corporation’s regulator – the Superintendency of Corporations – has recently expanded the scope of companies covered by the obligation to adopt Ethics and Transparency Programs (“PTEE” by its Spanish acronym and most common reference locally), while substantially reinforcing their content 1.

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The Metaverse: A Legal Primer for the Nonprofit Sector

JD Supra Law

The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders. While it offers clear opportunities for nonprofits, the Metaverse also presents distinct legal challenges. We highlight a few key legal issues nonprofits should consider before making the leap into the Metaverse.

Marketing 102

More Trending

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Realtime Adaptive Streaming LLC v. Netflix, Inc. (Fed. Cir. 2022)

JD Supra Law

Bad law often gives rise to creative legal arguments. But the application of such creative lawyering is necessarily bounded by ethical rules and notions of fair dealing. Patent eligibility, in its current incarnation, has been argued to be bad law by many.

Law 98
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7th Circ. Declines To Revive Humira 'Patent Thicket' Claims

IP Law 360

A Seventh Circuit panel on Monday refused to revive landmark private antitrust claims from Humira buyers accusing pharmaceutical giant AbbVie of using a "patent thicket" to illegally shield the blockbuster immunosuppressant from competition, ruling that there's nothing wrong with AbbVie's high volume of patents.

Patent 100
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District of Delaware: IPR Estoppel Does Not Apply to Prior-Art Products

JD Supra Law

A judge in the District of Delaware has ruled that an estoppel under 35 U.S.C. § 315(e)(2) does not apply to prior-art products, even if those products are “cumulative” of prior-art patents or printed publications that were raised during IPR proceedings. As such, the court denied a patentee’s motion for summary judgment that sought to estop the defendant from pursuing anticipation and obviousness positions that were premised on prior-art products.

Art 98
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‘When it comes to mental health, all countries are developing countries’

McKinsey Operations

Psychiatrist and Harvard professor Shekhar Saxena defines human health holistically and thinks creatively about how to expand access to mental-health services around the world.

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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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Astellas US LLC v. Hospira, Inc.

JD Supra Law

Case Name: Astellas US LLC v. Hospira, Inc., No. 18-cv-1675-CFC, 2022 WL 1591277 (D. Del. May 19, 2022) (Connolly, J.) Drug Product and Patent(s)-in-Suit: Lexiscan® (regadenoson); U.S. Patents Nos. 106,183 (“the ’183 patent”), RE47,301 (“the ’301 patent”), and 8,524,883 (“the ’883 patent”).

Patent 98
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Infrastructure investing will never be the same

McKinsey Operations

Traditionally staid and stable, infrastructure investing has been shaken up by revolutions in energy, mobility, and digitization. Here’s how investors can stay ahead of the curve.

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“Like a Phoenix from Ashes” – The UPC is finally under way.

JD Supra Law

After decades of drafting and negotiating, the Unified Patent Court ("UPC") is finally set to go ahead. The year 2022 has been dynamic for this new European court: The regulations on the unitary patent entered into force together with the Agreement on a Unified Patent Court in January 2022.

Patent 92
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EPO under fire for its approach to ST.26 sequence listings

The IPKat

There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in a sequence listing. Sequence listings are used by patent offices to search the prior art for the listed sequences. As of 1 July 2022, the old international standard for sequence listings, ST.25, was replaced by the new ST.26 standard.

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Managing the Balancing Act of Public Disclosures

IP.com

The post Managing the Balancing Act of Public Disclosures appeared first on IP.com - IP Innovation and Analytics.

IP 98
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Vidal Takes Next Step on Senators’ Call to Curb Inconsistencies in USPTO/FDA Statements

IP Watchdog

Late last week, United States Patent and Trademark Office (USPTO) Director Kathi Vidal announced in a blog post that the agency had issued a notice in the Federal Register, which was published on Friday, to clarify the duties of disclosure and reasonable inquiry for pharmaceutical patent applicants, as well as parties to Patent Trial and Appeal Board (PTAB) proceedings.

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2 NY Attys Sanctioned For 'Abusive' Language In Dr. Luke Suit

IP Law 360

Two New York attorneys are facing sanctions amid a songwriter's $12 million contract dispute with pop music producer Dr. Luke's companies after a New York state judge slammed the lawyers for making hundreds of improper objections between them during a deposition.

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The Committed Innovator: A conversation with DBS’s Han Kwee Juan

McKinsey Operations

The Singaporean bank’s chief strategist talks about creating “joyful” banking experiences and a culture of innovation where psychological safety feeds a growth mindset.

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Navigating Arbitral Subpoenas In A Post-COVID Landscape

IP Law 360

Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

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In Nevada, no sale is necessary for false advertising liability if sufficient causation exists

43(B)log

R.J. Reynolds Tobacco Co. v. Eighth Judicial District Ct., P.3d -, 2022 WL 3008304, 138 Nev. Adv. Op. 55 (Jul. 28, 2022) The state supreme court denied mandamus against a district court order reinstating a deceptive trade practices complaint based on false claims about the safety of tobacco products. The applicant argued that the plaintiffs lacked standing to bring that claim against RJR because they never used RJR’s products (they smoked other makers’ cigarettes) and thus couldn’t show that the

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Author Talks: Don’t skip the ‘soft stuff’

McKinsey Operations

No more Ping-Pong breaks or office happy hours? No matter. Melissa Daimler shares how workplace culture can still thrive without an office.

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Not Every Payment Processing Case Is the Same – the Latest FTC Case Provides Some Helpful Reminders

LexBlog IP

Most of the Federal Trade Commission’s (FTC) law enforcement actions involving payment processors have exclusively focused on allegations that processors did not do sufficient due diligence before onboarding questionable merchants. The latest payment processing case , however, has a bit of a novel twist and focuses instead on alleged deceptions aimed at the merchants that were using the defendant processor.

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Global platform transformation: An interview with Allianz’s Veit Stutz

McKinsey Operations

As the world’s largest insurance group rolls out its new business and technology platform, Veit Stutz reflects on his role in this massive global undertaking.

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Sidebars Podcast | Roger Wylie: Leadership Matters

JD Supra Law

In this episode, we welcome Roger Wylie, the Managing Partner of Kilpatrick Townsend & Stockton. Roger was the Co-Managing Partner of Townsend and Townsend and Crew prior to its merger with Kilpatrick Stockton. Roger is a registered patent attorney with over 20 years of experience in a variety of technologies, including software, business methods, consumer goods, complex machinery, and medical devices.

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Proper Cybersecurity Training is Key to Cybersecurity Resilience

LexBlog IP

Andrew R. Lee, a partner in the Litigation Practice Group and co-chair of the firm’s privacy & data security team, and James Kearns, special counsel in the Maritime Practice Group, authored the article “ OP-ED: Cybersecurity training is key to cybersecurity resiliency ” published by Marine Log on July 19. Andy and Jim remind industry stakeholders to devote sufficient time and other resources to refreshing the cybersecurity training of their employees, at least annually and

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Feeling his oats

Likelihood of Confusion

TMBrandingcap.com brings this quote from John Stuart, former Quaker Oats chairman: If this business were to be split up, I would be glad to take the brands, trademarks and goodwill. The post Feeling his oats appeared first on LIKELIHOOD OF CONFUSION™.

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Delta-8 Debate: Employment and Trademark Litigation in CBD and Cannabis Reaches New High

JD Supra Law

A recent federal court ruling that attempted to set down a distinct line between marijuana and low-THC products (like CBD and delta-8) has led many to make broad conclusions as to what it means for various products. Courts have struggled with drawing the line on these products with everything from employment decisions to intellectual property.

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The Content Authenticity Initiative

Velocity of Content

Traditional journalism organizations and digital-native social media networks alike face a formidable challenge – breaking through the cloud of misinformation and overcoming doubt and suspicion. In 2019, Adobe , with its partners Twitter and The New York Times , announced the Content Authenticity Initiative to provide consumers with more information about the content they’re seeing and to help them become more discerning about media.

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Patent Poetry: No Contract Breach for Failing to Pay Royalties after Patent Expires

JD Supra Law

The Tenth Circuit has affirmed a lower court’s judgment dismissing an action claiming breach of a patent settlement agreement. The court agreed that the patent owner failed to establish damages for unpaid royalties, given that patent owners can’t charge royalties after the patent term expires.

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Copyright case: Unicolors, Inc., Petitioner v. H&M Hennes & Mauritz, L.P., USA

Kluwer Copyright Blog

Three dissenters would have dismissed the case as improvidently granted because the petitioner appeared to address different issues in its brief from its petition for review. An inaccuracy in a copyright registration application that results from a mistake—whether of fact or of law; that is, lack of factual or legal knowledge of the inaccuracy on the part of the applicant—will not render the registration invalid, a divided Supreme Court has held in an opinion authored by Justice Breyer.

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USPTO Publishes Notice Calling Out Pharmaceutical Industry

JD Supra Law

President Biden’s Executive Order on Promoting Competition in the American Economy, 86 FR 36987 (2021), expressed concerns about the patent system being misused to unnecessarily inhibit or delay entry of generic drugs or biologics to the marketplace for years, denying Americans access to lower cost drugs. The President called for action “to help ensure that the patent system, while incentivizing innovation, does not unjustifiably delay generic drug or biosimilar competition beyond that.

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Fairly Competing, Episode 13: Year in Review

LexBlog IP

Sooooo I am just a wee bit late with this one. Episode 13 of Fairly Competing is out and has been for some time! In this episode, Ben , Russell and I take a look back on some of the more significant developments in trade secret and restrictive covenant law in 2021, and give our thoughts on what to expect in 2022. So, come join us on Spotify or Apple Podcasts.

Music 52
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USPTO Updates – Aug. 2022

JD Supra Law

Commencing August 1, 2022, the U.S. Patent and Trademark Office (USPTO) is modernizing the patent and trademark assignment request process because, going forward, users will submit requests virtually using the Electronic Patent Assignment System (USPTO. EPAS) and Electronic Trademark Assignment System (USPTO. ETAS).

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Role of Copyright societies in India

Biswajit Sarkar Copyright Blog

The copyright societies have an important role in the collective management of copyright. They are legal bodies that serve the interests of the copyright owners, users as well as the public. The Supreme Court in Entertainment Network Ltd. v. Super Cassette Industries Ltd. observed that copyright creates a monopoly in favour of the author and the copyright society.

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Can an Inadvertent Error on a Copyright Application Kill Your Infringement Case?: Supreme Court Says No

JD Supra Law

For creators who hold copyrights, the Supreme Court has issued a decision that will have wide-ranging benefits for years to come. The court’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., issued this past February, marked a notable change to the effects of inadvertent errors on copyright applications.