Tue.Sep 13, 2022

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3 Count: Paparazzi Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: After Settling with Justin Bieber and Ariana Grande, Photographer Sues Miley Cyrus for Copyright Infringement. First off today, Meghann Cuniff at Law & Crime reports that Miley Cyrus is the latest celebrity to face a lawsuit from New York photographer Robert Barbera, causing her to join the ranks of Justin Bieber and Ariana Grande.

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Tedious Anti-Copyright Stance of EFF is Not About Protecting Anyone

The Illusion of More

Welp (as the kids say), it looks like Katherine Trendacosta of the Electronic Frontier Foundation (EFF) found an old PowerPoint deck from 2012 and used it to write a new post ominously titled Hollywood’s Insistence on New Draconian Copyright Rules Is Not About Protecting Artists. Typical of the EFF playbook, Trendacosta devotes an entire post […].

Copyright 111
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How Europe’s CPG leaders can navigate inflation

McKinsey Operations

With inflation persisting, consumer-packaged-goods manufacturers can’t rely on the strategies that got them through the past two years. It’s time for a reset.

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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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Changing Big Tech Revenue Streams Provide Insight Into Future Intellectual Property Use and Value

IP Close Up

The emerging revenue sources of large technology companies like Apple and Microsoft may be an indication of their regard for certain intellectual property rights and their Continue reading.

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A Lady Whistledown-Worthy Scandal!

IPilogue

Raenelle Manning is an IPilogue Writer and 2L J.D. Candidate at Osgoode Hall Law School. Wait until Lady Whistledown gets her hands on this juicy gossip! The Netflix Original series, “Bridgerton” attained notable popularity after its release last year. Based on the romance novel series by Julia Quinn, the show centers around the Bridgerton family members’ search for true love.

More Trending

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Waco IP Atty Calls Pilot License His 'Secret Weapon'

IP Law 360

Munck Wilson Mandala LLP partner David Henry has made his personal plane and flying services central to his patent litigation practice in Waco, Texas, where he set up shop long before it became a patent hotspot.

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IPR Petition Denied Due to Expert’s Lack of Relevant Experience

JD Supra Law

A recent board decision denying inter partes review serves as a reminder that an expert opining on obviousness must at least meet the definition of an ordinarily skilled artisan. The patent at issue related to a tele-presence system that allows a physician at a remote location to view a surgical procedure and to provide instructions and mentoring to personnel at the surgical site via video conference.

Patent 98
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The Art of the Deal: How Data Quality Makes or Breaks Open Access Agreements

Velocity of Content

For publishers embracing the transition to open access (OA) business models, understanding historical customer publication and subscription spend—and communicating that data efficiently and transparently to nurture institutional trust—is mission critical. Although the rapid uptake of OA agreements between publishers and institutions is a sign the industry is advancing OA goals in a meaningful way, an institutional deal is only as good as its underlying data.

Art 97
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Our world class patents will deliver strong royalties, but expect bumps along the way, says Nokia IP head

IAM Magazine

In an NYSE presentation, Jenni Lukander reveals the company’s licensing income in new areas such as automotive and consumer electronics has leapt to €100 million

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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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How Data Quality Makes or Breaks Open Access Agreements

Velocity of Content

For publishers embracing the transition to open access (OA) business models, understanding historical customer publication and subscription spend—and communicating that data efficiently and transparently to nurture institutional trust—is mission critical. Although the rapid uptake of OA agreements between publishers and institutions is a sign the industry is advancing OA goals in a meaningful way, an institutional deal is only as good as its underlying data.

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The Bill C-11 Hearings Are Back, Part Two: The Risks to Canadian Creators

Michael Geist

The first post in my series on Bill C-11 focused on the risks associated with regulating user content. But it isn’t just ordinary users posting on services such as TikTok or Youtube that could find their content subject to regulation. The bill is ostensibly designed to support Canadian creators, yet many fear it will do the opposite. For the independent production sector, there was a late change to the bill as part of the government’s rush to pass it without committee debate that cou

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The emerging shift to responsible product management

McKinsey Operations

Product managers already have a complex role in tech development. Now that incorporating issues like privacy, sustainability, and inclusion is starting to become part of their job, they must navigate a host of new challenges.

Privacy 93
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DNS Resolver Quad9 Continues to Fight Pirate Site Blocking Demands

TorrentFreak

Last year, Sony Music obtained an injunction that orders DNS resolver Quad9 to block a popular pirate site. The injunction, issued by the District Court of Hamburg, required the Swiss DNS resolver to block access to a site that links to pirated music. The name of the targeted site wasn’t revealed, but we deduced that Canna.to was the target. That site was also targeted by a voluntary blocking agreement previously signed by rightsholders and ISPs.

Music 91
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The McKinsey Crossword: Quite Clever | No. 93

McKinsey Operations

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.

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Gaming the Patent Litigation System: IPWatchdog LIVE 2022 Panelists Talk Venue and Villains in the Patent World

IP Watchdog

The gamesmanship that plays out on both sides of the “v” was on the examination table during “Gaming the Patent Litigation System: Value, Venue, Verdicts & Villains,” one of the panels taking place on the first day of IPWatchdog LIVE 2022. Though the panel included lawyers primarily representing either patent owners or district court defendants and Patent Trial and Appeal Board (PTAB) petitioners, the speakers offered agreement on certain issues in the current iteration of the U.S. patent s

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Customer experience in Romania

McKinsey Operations

The latest Customer Experience Survey confirms that Romanian companies are still not differentiating from the perspective of experience offered to their customers. But are leaders emerging?

Designs 71
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When To Acquire Life Rights In Biographical Content Battle

IP Law 360

With media companies' unprecedented appetite for content, there has been an uptick in biopics — and as filmmakers pull from the never-ending well of true stories, they should weigh legal considerations for and against buying rights to develop content based on someone's life, says Christian Simonds at Reed Smith.

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Why digital trust truly matters

McKinsey Operations

Consumer faith in cybersecurity, data privacy, and responsible AI hinges on what companies do today—and establishing this digital trust just might lead to business growth.

Privacy 77
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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: Carmel Wroth and Joe Palca: Moderna Suing Pfizer, BioNTech for Patent Infringement in Development of COVID-19 Vaccine (Source: NPR). Sean Silcoff: BlackBerry’s US$600-Million Patent Sale in Doubt as Canadian-Led Lending Syndicate Bails (Source: The Globe and Mail). Thomas Hutter: VFMCRP Announces U.S. Court Upholds Validity of Velphoro® Patent (Source: Business Wire).

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No Atty Fees For Redbubble Counsel In Atari IP Fight

IP Law 360

A California federal judge has refused to award attorney fees to Redbubble in a suit in which it successfully defended claims that it sold merchandise with images stolen from Atari's signature games like Pong and Asteroids.

IP 74
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"unfair trade practices" insurance exclusion covers antitrust, not consumer protection

43(B)log

G-New, Inc. DBA Godiva Chocolatier, Inc. v. Endurance Am. Ins. Co., C.A. No. N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del. Super. Ct. Sept. 12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Godiva had insurance from defendants when it was accused of misleading consumers with the “Belgium 1926” label on its products.

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Where the world’s largest companies stand on nature

McKinsey Operations

While Global 500 companies increasingly recognize the importance of nature, few companies have established nature-related commitments outside of carbon.

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Amicus brief in Washington v. TVI (Value Village)

43(B)log

I joined an amicus brief in this case, being heard by the state supreme court, with Truth in Advertising, Inc., and the UC Berkeley Center for Consumer Law & Economic Justice. We argue that the court of appeals misapplied First Amendment doctrine to hold that misleading claims that a for-profit company’s sales went to charity were “inextricably intertwined” with charitable endeavors and thus protected by the First Amendment.

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Assignor Estoppel: What did the assignor “represent” as his invention?

Patently-O

Hologic v. Minerva , 19-2054 (Fed. Cir. 2022) ( en banc petition). The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. Although the doctrine was retained, the Court also concluded that the Federal Circuit had applied the doctrine “too expansively.” Like other estoppels, assignor estoppel is equitable in nature and so courts should consider any 

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New report reveals pandemic’s significant impact on patent filing and abandonment

IAM Magazine

Though some chief IP officers applaud their firm’s innovation amid adversity, exclusive data analysis in the IAM Q3 2022 Special Report shows a downward trend in US applications

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Brewery & Winery? I can be both?

LexBlog IP

This post is a 30,000 foot view of the process of becoming a brewery and winery in Wisconsin simultaneously. Yes, you read that right, a brewery can also be a winery or vice versa. As small producers seek to differentiate themselves and expand their market presence, clients seeking to become both a brewery and a winery continues to be an area of interest and growth.

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New report reveals pandemic’s significant impact on patent filing and abandonment

IAM Magazine

Though some chief IP officers applaud their firm’s innovation amid adversity, exclusive data analysis in the IAM Q3 2022 Special Report shows a downward trend in US applications

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[Audio] State Laws on NIL - Highway to NIL Podcast Series

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

Law 52
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Strategic continuation practice: an under-used litigation tool

IAM Magazine

Andy Harry and Shao Hou of Xsensus use real-world data – including a deep dive into Canon’s strategy – to determine whether claims developed from continuations can better withstand competitor challenges

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ITC Blocks Chinese Biotech Imports In Win For Ventria

IP Law 360

The U.S. International Trade Commission has blocked four biotechnology companies from importing a vaccine ingredient from China that infringes a cell culture patent held by Ventria Bioscience.

Patent 52
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How the pandemic has hit patent procurement

IAM Magazine

Dr Michael A Sartori and Sarah Hassan of Baker Botts explore the impact that covid-19 has had on new application filings and application abandonments, revealing some interesting contrasts with previous financial disruptions

Patent 52
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Monster Survey Finds 'Super Creatine' Sells Bang, Jury Told

IP Law 360

A Monster Energy Co.-funded survey found that many Bang energy drinkers are motivated to purchase the beverage because of its "super creatine" ingredient, an expert witness for Monster told a California federal jury considering false advertising claims against Bang's maker Vital Pharmaceuticals Inc.

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TTAB Rains on ‘Purple Rain’ Energy Drink Trademark Application

LexBlog IP

On August 23, 2022, the Trademark Trial and Appeal Board (“TTAB”) rejected on summary judgment JHO Intellectual Property Holdings’ (“Applicant”) application to register the mark “PURPLE RAIN” for a variety of nutritional supplements, dietary drinks, and energy bars (collectively, “Applicant’s Goods”).

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Robinson & Cole Taps Murtha Cullina IP Team In Conn.

IP Law 360

Robinson & Cole LLP in Hartford, Connecticut, has added a team of four intellectual property specialists, including a partner, to its intellectual property and technology group from Murtha Cullina LLP.