Mon.Apr 17, 2023

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Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

TorrentFreak

In the fall of 2020, the U.S. Government indicted three members of the infamous Team Xecuter group, the masterminds behind various Nintendo hacks. The group allegedly made millions of dollars through its operation, which effectively shut down shortly after the criminal proceedings started. The authorities arrested Canadian Gary Bowser in the Dominican Republic and Frenchman Max Louarn was detained in Tanzania.

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What is business transformation?

McKinsey Operations

Business transformations are designed to boost overall performance through increased revenue, lower operating costs, and better customer satisfaction and workforce productivity.

Business 138
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ACE Shuts Down Pirate IPTV Providers as Unusual Potential Threat Looms

TorrentFreak

It’s not unusual for piracy groups to have dozens of domains in storage for when things go wrong, but none has a bigger collection than Hollywood itself. The MPA still owns isoHunt’s domain following its legal defeat a decade ago, alongside other spoils of war following battles with Popcorn Time, YTS/YIFY (the real ones), Hotfile and Openload.

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Penalizing Drugs Developed from Federally Funded Inventions is a Really Bad Idea

IP Watchdog

Just when you think you have enough things to worry about, you stumble upon one more. In its wisdom, Congress enacted a “Medicare Drug Price Negotiation Plan” as part of the Inflation Reduction Act. The program kicks in by imposing “maximum fair prices” for drugs as determined by the Centers for Medicare & Medicaid Services (CMS). In setting these prices, Congress included such factors as the R&D costs for each drug and whether they have been recovered and the current cost of produci

Invention 122
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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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Space launch: Are we heading for oversupply or a shortfall?

McKinsey Operations

As the space economy expands, satellite constellations are proliferating. But launch providers must make tricky decisions on how to ramp up capacity.

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This Week in Washington IP: Budget Hearings, Problems Posed by AI, and Government Use of Section 1498 for Private Patent Infringement

IP Watchdog

This week in Washington IP news, the Senate and House are back in session and holding a variety of hearings on departments’ 2024 budget requests, including for the Department of Commerce and the National Science Foundation (NSF). Elsewhere, the Council for Innovation Promotion (C4IP) is holding a webinar on proper use of Section 1498(a) of the U.S. Code; and the United States Patent and Trademark Office (USPTO) is hosting regional events in Central Virginia and Silicon Valley to promote resource

More Trending

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The Copyright Office Issues Guidance Regarding Works Produced by Generative AI

JD Supra Law

On March 16, the Copyright Office published guidance in the Federal Register relating to works produced at least in part by generative artificial intelligence (AI). This is the latest in a series of policy decisions and statements that the Office has made to applicants attempting to register such works.

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TTAB Wants To Know How Consumers View Celebrity Slogans

IP Law 360

The Trademark Trial and Appeal Board's recent precedential decisions allowing New York Yankees superstar Aaron Judge and pop singer Lizzo to claim certain slogans as their own trademarks may be an indication the board is taking consumer recognition more seriously, attorneys told Law360.

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How much does a trademark opposition cost?

Patent Trademark Blog

Trademark Opposition Cost: Can a precise estimate fit all TTAB cases? Before we discuss cost factors, recognize that a precise trademark opposition cost is both unrealistic and unhelpful in most cases. You can think of a TTAB trademark opposition as a mini-litigation between the opposer and the trademark applicant. So the cost of litigation will depend upon how far both sides are willing to go to fight for their trademark rights.

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Judges Express Excitement About Launch of Unified Patent Court

IP Watchdog

Three judges of the new Unified Patent Court took part in a panel discussion about the new system at the Fordham IP Conference on April 13. Introducing the panel, Myles Jelf of Bristows LLP in London emphasized that the UPC is a completely new Court, which will have a huge impact on patents globally. He stressed that it is an amalgam of existing procedures: “In the UPC those procedures will surely come to have their own character and usage.

Patent 86
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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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Canada’s Privacy Failure: Federal Court Dismisses Privacy Commissioner’s Complaint Against Facebook Over Cambridge Analytica

Michael Geist

The Federal Court of Canada last week dismissed the Privacy Commissioner of Canada’s complaint against Facebook stemming from alleged privacy violations involving Cambridge Analytica. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings and took the matter to court. Last week, a court sided with the social media giant, concluding that the Privacy Commissioner did not provide sufficient evidence that Facebook failed to obtain meaningful consent when sh

Privacy 83
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ViCo oral proceedings: True gold or fool's gold? (T 0758/20)

The IPKat

According to recent decisions from the Boards of Appeal, G1/21 on ViCo oral proceedings is now out-dated. According to the Boards, the view of G1/21 that in-person proceedings are the gold standard is obsolete in view of improvements in ViCo technology. The latest decision in T 0758/20 adds to this narrative from the EPO that ViCo oral proceedings should be considered the "new gold standard".

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Building On Successful Judicial Assignment Reform In Texas

IP Law 360

Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

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Is your trade mark (really) green?

The IPKat

Environmental considerations are becoming increasingly important for brand owners filing trade mark applications for environmentally friendly or sustainable goods and services. The Green EUTM Report On 7 February 2023 the European Union Intellectual Property Office (EUIPO) published an update to the Green EUTM report. The study unveils some interesting data: 18,726 green EU trade marks (EUTMs) were filed at EUIPO in 2021, with green EUTMs increased to 12% of the total.

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Soundgarden, Singer's Estate Reach Deal In Recording Row

IP Law 360

Surviving members of the band Soundgarden and the widow of singer Chris Cornell have resolved litigation over Cornell's unreleased recordings, saying the deal allows for the band's final music to be released.

Music 75
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Where's the Whisky? A Cautionary Tale for Brand Extensions

JD Supra Law

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in consumer confusion. Confusion is particularly possible when a brand uses an established trademark for one type of product to release a new, different product into the market, leading to potential trademark disputes and litigation.

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Nexon Says Dark And Darker Developer Stole Game Concept

IP Law 360

Video game company Nexon says two of its ex-employees swiped its concept for a new dungeon fantasy game then started another firm to launch a copycat called Dark and Darker, according to an intellectual property suit filed by the Japanese game publisher's South Korean subsidiary.

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How workplaces can become safer and more inclusive spaces for women

McKinsey Operations

Research shows that women experience more workplace microaggressions than men and face more retaliation for speaking out.

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An AI Journey From Fractals to GPT

Patently-O

By Dennis Crouch I recently was thinking back to 1996 and the start of my senior year at Princeton University. Although I was a mechanical & aerospace engineering major, I had become fascinated with AI and so focused my senior thesis on developing a new AI model within the department of electrical and computer engineering. Instead of employing traditional layers, I utilized a fractal metaphor to design the neural networks.

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even if retailer is responsible for price premium, misleading label is actionable

43(B)log

DiGiacinto v. RB Health (US) LLC, F.Supp.3d -, 2023 WL 2918745, No. 22-cv-04690-DMR (N.D. Cal. Apr. 11, 2023) Plaintiff alleged that Children’s Delsym Cough Relief was misleadingly marketed as different from, and more expensive than, the adult product, when the concentration is the same. The front of the packaging for the children’s product contains a cartoon image of a child.

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China: The New Draft Trademark Law Increases Requirements for Recognition of Well-Known Status

IP Tech Blog

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. In addition to introducing tighter filing requirements and proof of use to combat trademark theft (see my prior blog ), it is proposing amendments to the process for determination of a trademark’s status as well-known.

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Merit, Monetisation and Open Game Licences

Kluwer Copyright Blog

Photo by Alperen Yazgı on Unsplash This blog is a continuation of an earlier Kluwer post ‘ Getting paid to play? Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. When does a ‘creative work’ become ‘user generated content’ (UGC)? My recent research on video game UGC policies suggests the thin line on which UGC is constructed depends on whether content is being commercialised or monetised.

Editing 57
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What’s ahead for commercial property and casualty insurance

McKinsey Operations

The commercial property and casualty insurance industry is facing quite a bit of external pressure. But companies have a clear opportunity to reassert relevance.

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Wind, Mud & Penguins: Greenberg Atty Runs Antarctica Race

IP Law 360

Greenberg Traurig LLP patent attorney and current Boston Bar Association President Chinh Pham recently completed one of distance running's ultimate adventures when he ran a marathon in Antarctica.

Patent 52
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PTAB Rulings Highlight the Importance of a Claimed Agent’s Stated Function

IP Intelligence

The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB held that glucose, which is a component of an anticoagulant used in the prior art, is not “an agent that inhibits cells lysis” simply because it can maintain isotonicity and provide a nutrient source to cells.

Art 52
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FTC Brings the Supreme Court Together Again

LexBlog IP

For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity. Unfortunately for the FTC, that unanimity has again come at the agency’s expense. Two years ago, the Supreme Court unanimously held that the FTC lacked the redress authority it had often invoked under Section 13(b) of the FTC Act.

Law 52
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Are You & Your Business Assets Fully Protected?

JD Supra Law

Today it is more important than ever to ensure you, your company, and your business assets are fully protected from the inside out. If not, it could mean losing everything. Here’s a list of items to consider when reviewing your protections. By: Sherman & Howard L.L.C.

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PTAB Rulings Highlight the Importance of a Claimed Agent’s Stated Function

LexBlog IP

The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB held that glucose, which is a component of an anticoagulant used in the prior art, is not “an agent that inhibits cells lysis” simply because it can maintain isotonicity and provide a nutrient source to cells.

Art 52
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Cert. Granted in Abitron to Clarify Boundaries for Extraterritorial Application of Lanham Act

JD Supra Law

In Abitron Austria GmbH v. Hetronic International, Inc., Oklahoma-based Hetronic, maker of radio remote controls for heavy-duty construction equipment, sued its former distributor Abitron (from Austria) for selling copycat products.

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The Law Bytes Podcast, Episode 163: Cohere AI CEO Aidan Gomez on the Emerging Legal and Regulatory Challenges for Artificial Intelligence

Michael Geist

ChatGPT burst onto the public scene late last year, giving artificial intelligence its “aha moment” for many people. AI is now seemingly everywhere, attracting enormous attention and excitement alongside concerns, legal threats and talk of regulation. The potential of AI is evident to just about everyone, but the challenges associated with bias, copyright, privacy, misinformation and more can’t be ignored.

Law 52
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AD-ttorneys@law - April 2023

JD Supra Law

U.S. Copyright Office Keeps AI Out in the Cold - Only humans can copyright, Office says - Daisy, Daisy, Give Me Your Answer True - The Copyright Office has weighed in with long-anticipated statement of policy regarding AI-generated works. If you haven’t been scared out of your wits by recent news regarding lightning-fast advances in AI, then brace yourself and read this.

Law 52
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London Book Fair Takes Climate Action

Velocity of Content

For 2023, London Book Fair turns the spotlight on Ukraine to showcase that nation’s publishers and authors, who have responded to the Russian invasion last year with a renewed commitment to free expression. On the show floor, The Sustainability Hub is a new “focused space” for examining the impact publishing has on the environment. The objective, says Rachel Martin , global director of sustainability at Elsevier, is a call for action around the supply chain and a call for content that can

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FTC’s Newest Notice of Penalty Offenses

LexBlog IP

Last week the Federal Trade Commission (FTC) issued a press release stating that it “is putting hundreds of advertisers on notice that they should avoid deceiving consumers with advertisements that make product claims that cannot be backed up or substantiated” and that “it will not hesitate to use its authority to target violators with large civil penalties.” The FTC’s letter and accompanying Notice, sent to approximately 670 companies that market OTC drugs, homeopa

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The Debate: DIY Patent Filing Versus Hiring A Patent Lawyer

JD Supra Law

As with most things in life, you get what you pay for. While do-it-yourself options or low-cost alternatives to legal counsel seem like a good deal, it is usually penny-wise and proud foolish. Of course, as the inventor you understand technology much better than anyone else on earth; otherwise, your invention would not be novel and non-obvious.

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China: The New Draft Trademark Law Increases Requirements for Recognition of Well-Known Status

LexBlog IP

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. In addition to introducing tighter filing requirements and proof of use to combat trademark theft (see my prior blog ), it is proposing amendments to the process for determination of a trademark’s status as well-known.