Wed.Oct 12, 2022

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The Tainted Legacy of Paul McCrory

Plagiarism Today

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

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Will fusion energy help decarbonize the power system?

McKinsey Operations

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

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3 Count: Wolfgang Disappointment

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Appeal Court Upholds Wolfgang’s Vault Copyright Ruling, Including the Disappointing Damages. First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award.

Licensing 167
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Raising the resilience of your organization

McKinsey Operations

Repeatedly rebounding from disruption is tough, but some companies have a recipe for success: a systems mindset emphasizing agility, psychological safety, adaptable leadership, and cohesive culture.

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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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Facebook Defeats Lawsuit Over Its Fact-Checking Explanations–Stossel v. Meta

Technology & Marketing Law Blog

John Stossel has over a million Facebook followers. He posted two videos that triggered fact-checking responses from Facebook. The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.

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More Than 20,000 Pirate Sites Are Blocked By ISPs Around the Globe

TorrentFreak

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was very controversial at the start of the last decade but it’s increasingly being normalized.

Copyright 132

More Trending

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Pirate Streaming Site Punishes Movie Fans With Free Festival Tickets

TorrentFreak

Under extreme pressure from copyright holders and numerous public campaigns, brand leaders and ad agencies agreed that reputable cash shouldn’t find its way into the pockets of pirate site operators. Rightsholders believed that without access to mainstream advertising partners, pirate sites would eventually wither and die. Years later they’re still online, settling for less return per head but with increasing levels of traffic.

Cinema 128
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Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

IP Watchdog

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

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TTABlog Test: How Did These Three Genericness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three genericness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Responsiveads, Inc. , Serial No. 88453313 (September 30, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson). [Refusal to register RESPONSIVEADS for advertising, marketing and promotional services and for marketing software.

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SCOTUS Justices Lob Tough Questions at Both Sides in Prince-Photo Fair Use Fight

IP Watchdog

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered tra

Fair Use 116
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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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Justices Weigh In On Fair Use, Pop Culture In Warhol Fight

IP Law 360

A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S. Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use.

Fair Use 110
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Bridgerton Helps Navigate The Limits Of The Fan Fiction Defence In Intellectual Property

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Abigail Barlow and Emily Bear combined their talent with their love for the Netflix Original, Bridgerton , to create the 15-song “Unofficial Bridgerton Musical” album. Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production.

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To opt out or not to opt out, that is the question………

JD Supra Law

'Go live’ of Unitary Patents and the corresponding Unified Patent Court (UPC) system in the EU is imminent. The UPC system has particular relevance to life sciences and technology transactional and commercial contracts where value, term, and scope are linked to the strength and coverage of the underlying patents. That value could be affected by the UPC's ability to grant relief in patent actions on a multi-jurisdictional, UPC-wide basis.

Contracts 101
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SF Litigation Boutique Durie Tangri To Join MoFo

IP Law 360

Morrison Foerster LLP will combine with Durie Tangri LLP, the San Francisco-based civil litigation boutique that specializes in patent and intellectual property cases, at the beginning of 2023, the two firms have announced.

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NPE Showcase – Stormborn Technologies

JD Supra Law

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Stormborn Technologies, an IP Edge entity.

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Why the Canadian Film and TV Production Sector’s Bill C-11 Expectations Are Wildly Out of Touch With Global Standards

Michael Geist

Last week, the ongoing Senate hearings into Bill C-11 featured an appearance from the Canadian Association of Film Distributors and Exporters, who spelled out its expectations for Bill C-11, particularly the contributions from streaming services such as Netflix, Disney+, and Amazon Prime. While much of the Bill C-11 debate has focused on the regulation of user content, the bill’s supposed intent is to bring large streaming services into the Canadian broadcasting system.

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What are the Types of Trademarks

JD Supra Law

Most people think of a “trademark” as a word or a logo. But, what is a “trademark?” can be a surprisingly complicated question and by far supersedes most people’s imagination.

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Hispanic Heritage Month: NIST Scientist and NOAA Public Affairs Officer Lead Efforts in Quantum Computing, Communicating Life-Saving Messaging

U.S. Department of Commerce

Hispanic Heritage Month: NIST Scientist and NOAA Public Affairs Officer Lead Efforts in Quantum Computing, Communicating Life-Saving Messaging. October 12, 2022. KCPullen@doc.gov. Wed, 10/12/2022 - 09:51. Each year, Americans observe National Hispanic Heritage Month and pay tribute to the generations of Hispanic Americans who have positively influenced and enriched our nation and society and are making an impact at the Department of Commerce and on behalf of all American communities.

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USPTO Seeks Public Input on Improving Patent "Robustness and Reliability"

JD Supra Law

In Short: - The Situation: President Biden and members of Congress have called for reform of certain patenting practices at the United States Patent and Trademark Office ("USPTO") under the premise that changes to the patent system are necessary for increasing competition in the pharmaceutical marketplace.

Patent 98
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Principals Matt Colvin and Betsy Flanagan Author IAM Article “Five Tips to Create a Battle-Ready Portfolio From the Get-Go”

Fish & Richardson Trademark & Copyright Thoughts

Principals Matt Colvin and Betsy Flanagan authored an article for IAM outlining five strategies for startups and other early-stage companies to create patent portfolios that can stand up to litigation. Read the full article at IAM.

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Draft revised PMPRB Guidelines released for comment by December 5, 2022

JD Supra Law

On October 6, 2022, the Patented Medicine Prices Review Board (PMPRB) released its revised draft Guidelines to give effect to the July 1, 2022 amendments to the Patented Medicines Regulations. Submissions are due by December 5, 2022.

Patent 98
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Refining Info Governance As E-Discovery Gets More Complex

IP Law 360

Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

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Federal Circuit Affirms PTAB’s Final Written Decision that Merck’s Claimed Inventions Were Not “At Once Envisaged” From the Prior Art

JD Supra Law

???????Sixty years ago, the Federal Circuit’s predecessor court, the Court of Customs and Patent appeals, considered whether the prior art disclosure of a chemical genus anticipated species falling within the scope of that genus in In re Petering. The Petering court explained that, based on the facts and circumstances before them, the prior art may be deemed to disclose each member of a genus when, reading the reference, a skilled artisan would “at once envisage each member of this limited.

Art 96
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Building institutional excellence: how your IP team can become ‘beloved’ by R&D

IAM Magazine

Often, a company’s IP and R&D units find themselves at odds, which can have serious knock-on impacts on how they work together to generate value

IP 75
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A Novel Trade Secrets Issue: Forensic Cleansing of Social Media

JD Supra Law

???????It’s common in trade secrets or noncompete cases for plaintiffs to demand forensic imaging and searching and, ultimately, destruction of electronic information contained on the defendants’ computer system or devices. Lawyers regularly hire forensic experts to examine computer systems for information, either to swear under oath that nothing has been found, or to locate information for production and potential removal.

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In conversation: Four keys to merger integration success

McKinsey Operations

M&A experts share the integration practices that set the most successful large deals apart.

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Patent Owners Lack Standing to Force USPTO to Issue Rules regarding Discretionary Denials

Patently-O

by Dennis Crouch. US Inventor Inc. v. Vidal , 21-40601 (5th Cir. 2022) (unpublished opinion). US Inventor along with several patent holders sued the USPTO back in 2021 seeking an injunction against the USPTO Director mandating that she engage and notice-and-comment rulemaking to issue standards for when IPR/PGR discretionary denials are appropriate.

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Supreme Court May Review Trademark Territoriality

JD Supra Law

The United States Supreme Court has a new opportunity to look at whether a U.S. trademark owner can recover damages for infringing uses of the owner’s mark occurring outside the United States.

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A defining moment: How Europe’s CEOs can build resilience to grow in today’s economic maelstrom

McKinsey Operations

Can leaders lift their companies to the next frontier of resilience—not only to survive but also to thrive?

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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

La Dolfina S.A., LLC v. Meeker, 2022 WL 6507718, NO. 20-82231-CIV-CANNON/Reinhart (S.D. Fla. Aug. 19, 2022) Judge Cannon has done some other stuff, too. “This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Plaintiffs raise allegedly awesome polo ponies.

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Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

JD Supra Law

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. A summary of these reminders (and links to more information) are provided herein.

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Federal Circuit Appellate Jurisdiction over Arbitration Orders

Patently-O

by Dennis Crouch. Lavvan, Inc. v. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir. Sept. 15, 2022) ( 21-1819_so ). Lavvan sued Amyris for patent infringement. The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. The district court order denying arbitration is immediately appealable under 9 U.S.C. 16.

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Unitary Patent and UPC Start Date Target Is Now 1 April 2023

JD Supra Law

???????On October 6, the UPC announced a target start date of 1 April 2023. The Unitary Patent regulations specify that they would be effective on the same date as the UPC start date.

Patent 55
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Here’s Why You Should Handle a Trademark Assignment Properly

Kashishipr

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. When a business or brand owner mishandles or infringes the Trademark Law during a trademark assignment, it could discredit the enforceability of the trademark entirely, thereby zeroing out its worth.

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Issue 38: PTAB Trial Tracker

JD Supra Law

Fate of Fintiv - As discussed in our Client Alert, “Fintiv 2.0: USPTO Director Issues Guidance Softening Risk of Discretionary Denial,” USPTO Director Kathi Vidal issued a set of interim procedures clarifying how the PTAB should apply its Fintiv decision going forward.

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