Hugh Stephens Blog
NOVEMBER 1, 2022
As far as grovelling, abject apologies go, this one would win an Oscar. The author was not just “deeply sorry”, she was devastatingly contrite, spelling out in detail how her organization’s newsletter had used language that she described as “denigrating, racist and very harmful”.
IP Watchdog
NOVEMBER 1, 2022
On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. A month earlier, on September 15, the USCO issued a registration for Kashtanova’s work, which was subsequently widely publicized as the first known instance of an AI-generated work being successfully registered with t
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The IPKat
NOVEMBER 1, 2022
Kat friend Hugh Stephens describes the murky story of IP and the Ogopogo monster ("murky" as the waters in which the Ogopogo is said to dwell). The headline --“City of Vernon transfers copyright to legendary Ogopogo to B.C. Indigenous nations”--was featured in newspapers and broadcasts across Canada, based on a Canadian Press article. For the uninitiated, the Ogopogo is Canada’s version of the Loch Ness Monster, supposedly residing in the depths of Lake Okanagan in the interior of British Columb
Patently-O
NOVEMBER 1, 2022
Finjan LLC v. ESET LLC , — F.4th — ( Fed. Cir. 2022 ). Finjan’s patents claim a system for checking downloadable files for security concerns. Back in 1996 when Finjan filed its original provisional application, the focus was on applets or other small downloadable programs. But downloadables today are much bulkier. Here, the claims require a number of operations on “a downloadable” and the parties have debated throughout the litigation how to construe that term.
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?
TorrentFreak
NOVEMBER 1, 2022
The vast majority of today’s movie-related copyright infringement lawsuits can be linked back to companies working with piracy monetization company, GuardaLey. They begin with piracy tracking firm Maverickeye monitoring IP addresses allegedly sharing certain movies online. Those IP addresses later become evidence in court processes where the owners of the monitored movies ask the court to compel ISPs to match the IP addresses with specific subscribers, so they can be pursued directly.
IPilogue
NOVEMBER 1, 2022
Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School, Many of you are likely familiar with 3D printing. The process is as follows: Add a digital model of a 3D model to a slicer; The slicer “slices” the model and generates toolpaths layer by layer; Upload the toolpaths to the 3D printer; and. Start the machine and wait!
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
McKinsey Operations
NOVEMBER 1, 2022
Three McKinsey veterans condense decades of boardroom experience and cognitive science into a guide for learning proactively and leading dynamically amid the most uncertain circumstances.
Copyright Alliance
NOVEMBER 1, 2022
Easily the most significant copyright-related event to take place this October was the U.S. Supreme Court hearing of oral arguments in the biggest fair use case in decades, Andy Warhol […]. The post October 2022 Roundup of Copyright News appeared first on Copyright Alliance.
McKinsey Operations
NOVEMBER 1, 2022
Amid turbulence on the path to net zero, leaders will have to be much nimbler to balance resilience with an energy future that is secure, affordable, and clean. Five actions can help.
JD Supra Law
NOVEMBER 1, 2022
On October 26, 2022, the NCAA approved and published additional clarifications to its Name Image Likeness (NIL) Policy. Following the NCAA’s initial release of the NIL Policy on July 1, 2021, permitting student-athletes to receive compensation for NIL use, the NCAA published additional guidance in May 2022 and issued two Q&As in November 2021 and July 2022.
Advertiser: IPO
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.
IP Law 360
NOVEMBER 1, 2022
A California company that says it owns the right to sell broadcasts of a boxing match that took place two years ago between Saul "Canelo" Alvarez and Sergey Kovalev went after at least 10 Houston-area bars in a series of copyright suits in Texas federal court.
JD Supra Law
NOVEMBER 1, 2022
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.
IP Law 360
NOVEMBER 1, 2022
Although much has been written about the so-called unprecedented legal issues raised by the metaverse, recent federal cases demonstrate that companies can expect metaverse activities to be policed and enforced much like they would be in the physical world, say attorneys at Crowell & Moring.
Velocity of Content
NOVEMBER 1, 2022
The role of Medical Affairs within a pharmaceutical or medical device company is largely centered around critical communications. As part of this team, you lead the effort to explain to potential healthcare prescribers the real-world applications of a drug through the dissemination of unbiased clinical and scientific information. You communicate with payors, patients, physicians, regulators and government agencies.
IP Law 360
NOVEMBER 1, 2022
A musician notified a Louisiana federal judge on Tuesday that he's dropped a $60 million copyright suit lodged against singer Mariah Carey and Sony Music over her chart-topping holiday song "All I Want for Christmas Is You.
McKinsey Operations
NOVEMBER 1, 2022
Federal-funding mechanisms represent an often-underused funding source for public- and private-sector stakeholders when enhancing SDoH data, analytics, and technology infrastructure.
IP Close Up
NOVEMBER 1, 2022
The Supreme Court recently heard arguments for the Warhol v. Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading.
McKinsey Operations
NOVEMBER 1, 2022
AI-driven schedule optimizers can alleviate age-old scheduling headaches—reducing employee downtime, improving productivity, and minimizing. schedule-related service disruptions.
IAM Magazine
NOVEMBER 1, 2022
Almost 150% increase in US cannabis-infused edibles patenting since 2018, but top food and beverage companies are missing out
McKinsey Operations
NOVEMBER 1, 2022
Institutional investors and private equity firms can implement some basic but crucial best practices to measure progress on diversity, equity, and inclusion.
JD Supra Law
NOVEMBER 1, 2022
In Securities and Futures Commission v Sound Global Ltd [2022] HKCFI 3025, the Honourable Madam Justice Linda Chan was forthright in her view that regulators should step up when it comes to enforcing investor protection with mainland-based directors of Hong Kong listed companies. In this case, the Securities and Futures Commission (SFC) sought disqualification orders against several respondents but was unable to effect service despite repeated attempts.
McKinsey Operations
NOVEMBER 1, 2022
Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.
Patently-O
NOVEMBER 1, 2022
By: Colleen V. Chien , Professor of Law, Santa Clara University School of Law and Margo A. Bagley , Asa Griggs Candler Professor of Law and Associate Dean for Research, Emory Law School and Hieken Visiting Professor in Patent Law, Harvard Law School (visiting Fall 2022) . Link for more Information and to Register for the Conference. Growing the percentage of Americans of all backgrounds participating in the innovation system is not only the right thing to do, it is also critical to global econom
McKinsey Operations
NOVEMBER 1, 2022
New research captures regional differences in the state of diversity in private equity and discusses the role of institutional investors as a catalyst for change.
IP Watchdog
NOVEMBER 1, 2022
The U.S. Court of Appeals for the Federal Circuit (CAFC) today ruled in a precedential decision that the definition of a claim term in a patent incorporated by reference into the patents at issue does not dictate the definition of claims in the asserted patents. The CAFC thus reversed the district court’s claim construction and vacated and remanded its grant of summary judgment of invalidity based on indefiniteness.
Likelihood of Confusion
NOVEMBER 1, 2022
I’ve been watching these guys at the MTA and their IP enforcement program for a while now. Once was for a client, who, regrettably, didn’t want to fight. I first. The post MTA’s way or the highway appeared first on LIKELIHOOD OF CONFUSION™.
Fish & Richardson Trademark & Copyright Thoughts
NOVEMBER 1, 2022
October saw four complainants file five new Section 337 complaints with the Commission: Bell Semiconductor, LLC, filed a complaint against NXP Semiconductors, NXP B.V., NXP USA, Inc., SMC Networks, Inc., d/b/a/ IgniteNet, Micron Technology, Inc., NVIDIA Corporation, Advanced Micro Devices, Inc., Acer, Inc., Acer America Corporation, Infineon Technologies AG, Infineon Technologies America Corp., Qualcomm Technologies, Inc., Motorola Mobility, LLC, and Western Digital Technologies, Inc., in Certai
Christopher Roser
NOVEMBER 1, 2022
Product variants drive up cost. The more variants you have for the same quantity sold, the higher your production cost. Inversely, if you can reduce your number of variants, you can reduce your cost. In this post I will give you some general suggestions on how to reduce your number of variants. Hopefully these inspire. Read more. The post How to Reduce Product Variants first appeared on AllAboutLean.com.
The TTABlog
NOVEMBER 1, 2022
The Board sustained an opposition to registration of the mark SoniStream (standard characters) for "Downloadable computer software for Internet and broadcast radio scheduling and audio playout," finding that the proposed mark dilutes by blurring the "exceedingly famous" mark SONY , long used in the consumer and professional electronics field, including audio, video, computer game, and mobile phone products, electronic components, and medical-related equipment and professional solutions.
43(B)log
NOVEMBER 1, 2022
Homelight, Inc. v. Shkipin, 2022 WL 16528142, No. 22-cv-03119-TLT (N.D. Cal. Oct. 28, 2022) Defendants allegedly both disparaged Homelight and infringed its trademark, which seems a weird combo, but half of the TM claims aren’t as contradictory as they seem—the other half really are. The parties operate “online platforms that match real estate agents with residential homebuyers or sellers.
IP Tech Blog
NOVEMBER 1, 2022
On October 4, 2022, in a 52-page Director review decision in an inter partes review (IPR) proceeding involving recently-formed entity OpenSky Industries LLC, USPTO Director Katherine Vidal sanctioned OpenSky “to the fullest extent of [her] power” because of OpenSky’s abuse of the IPR process, including flaunting of the Director’s discovery orders. The Director applied negative inferences to find facts against OpenSky; demoted OpenSky to a subordinate role in the IPR; and ordered OpenSky to show
JD Supra Law
NOVEMBER 1, 2022
Now that the Court is open to the public—not just for arguing counsel but for anyone to watch arguments and visit the Court—I thought it was time to take a look at argument timing again.
IAM Magazine
NOVEMBER 1, 2022
A broad range of subjects and talking points - including a plenary address from JPO Commissioner Koichi Hamano - kept the 400+ delegates engaged as the event got underway in Tokyo
JD Supra Law
NOVEMBER 1, 2022
As we wrote in July 2020, the European Court of Justice issued a landmark decision that invalidated the Privacy Shield as untenable under the European General Data Protection Regulation (GDPR). The decision sparked negotiations between the United States and the European Union on a workable data privacy framework. And after a two-year long hiatus, the U.S. and the EU agreed on a replacement for the Privacy Shield.
IP Watchdog
NOVEMBER 1, 2022
The U.S. Court of Appeals for the Federal Circuit (CAFC) today ruled in a precedential decision that the definition of a claim term in a patent incorporated by reference into the patents at issue does not dictate the definition of claims in the asserted patents. The CAFC thus reversed the district court’s claim construction and vacated and remanded its grant of summary judgment of invalidity based on indefiniteness.
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