Mon.Nov 21, 2022

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3 Count: Twitter Troubles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Twitter’s Broken Its Copyright Strike System, Users Are Uploading Full Movies. First off today, Paul Tassi at Forbes reports that, amid the turmoil at Twitter, the site’s copyright detection system appears to be broken and is allowing users to upload full pirated movies to their Twitter accounts.

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Even in the metaverse, women remain locked out of leadership roles

McKinsey Operations

Five early indicators on women in the metaverse reveal gender inequality—especially in the leadership creating and setting metaverse standards.

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Trending Sources

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Book Review: ‘The Truth Pill: The Myth of Drug Regulation in India’

SpicyIP

We are thrilled to review Prashant Reddy’s new book on the Indian drug regulatory system! Co-authored with Dinesh Thakur their book – The Truth Pill – The Myth of Drug Regulation in India was released this October. Given that drug regulation has a direct nexus to public health, maybe even more than patents, several years ago, Shamnad, Prashant and Sai started a new initiative on SpicyIP to throw more light on India’s drug regulatory framework.

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Don't blow Christmas: avoid a mistake, spot the fake

Intellectual Property Office Blog

Kelsey Jones, Senior Outreach and Engagement Advisor of the IPO's Enforcement team outlines the advice we're giving to consumers to help them stay safe from counterfeit electrical goods this festive period. With prices dropping across retail and Christmas around the corner, Black Friday and Cyber Monday can be irresistible. Because who doesn’t want to make their Christmas savings to go even further?

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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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Police Tracked Traffic of All National ISPs to Catch Pirate IPTV Users

TorrentFreak

Over the past two decades, pirate sites and services frequented by millions of users have been shut down following legal action. No longer useful for spreading files, many were repurposed to spread fear. In the wake of Hollywood’s 2005 win at the U.S. Supreme Court, the website of file-sharing service Grokster was transformed into a personalized warning.

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What matters: How to scale advanced analytics in corporate functions

McKinsey Operations

Organizations are starting to embrace advanced analytics as a core pillar of innovation within their general and administrative functions.

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More Trending

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[Webinar] NFTs and Brands in the Metaverse - December 6th, 9:00 am - 10:00 am EST

JD Supra Law

Metaverse, NFTs, and virtual reality are buzzwords that not only shed a light on an exciting technological future, but also on the immense challenges right owners are facing in this new virtual world. How does the use of brands in the Metaverse relate to traditional brand protection strategies? In how many ways are copyrights created and affected in virtual reality?

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How to Ensure Your Retroactive Foreign Filing License Petition Isn’t Dismissed

IP Watchdog

As outlined in our article, The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses, Petition.ai’s subscribers’ most searched patent petition type is for retroactive foreign filing licenses (RFFLs). In the article, we highlighted that 71% of applications petitioning the U.S. Patent and Trademark Office (USPTO) for a RFFL eventually are granted.

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Federal Court of Appeal upholds obviousness finding re: Janssen’s abiraterone acetate and prednisone combination therapy patent

JD Supra Law

As previously reported, the Federal Court found Janssen’s Canadian Patent No. 2,661,422 (the 422 patent) invalid on the basis of obviousness and dismissed its actions against Apotex, Dr. Reddy’s Laboratories, and Pharmascience. In a decision released on November 1, 2022, the Federal Court of Appeal dismissed Janssen’s appeal on all issues, as discussed below: Janssen Inc v Apotex Inc, 2022 FCA 184.

Patent 98
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The Law Bytes Podcast, Episode 147: Canada’s Battle over Internet Streamers – A Cancon Story of Freedom of Expression, Algorithms and Cultural Policy

Michael Geist

The end for Bill C-11 at the Senate is drawing near as this week, Canadian Heritage Minister Pablo Rodriguez is scheduled to make a long awaited appearance followed by clause-by-clause review of the bill. The Senate hearings have been a model for legislative review. They have heard from a myriad of witness, read countless briefs, and immersed themselves in a hard piece of legislation.

Law 84
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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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Accelerating data and analytics maturity in the US public sector

McKinsey Operations

US public-sector agencies that have quickly and effectively advanced data and analytics capabilities offer lessons on how to embed data-driven decision making at all levels of government.

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Using IP.com to Uncover Sustainable Solutions for Your Company

IP.com

The post Using IP.com to Uncover Sustainable Solutions for Your Company appeared first on IP.com - IP Innovation and Analytics.

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On the Examination Criteria for Divisional Applications for Utility Model

JD Supra Law

Mostly, the examiners examine whether a divisional application for utility model is accepted or not following the examination criteria consistent with those for the examination of a divisional application for invention. But in recent years, the author received several times the Notification that Divisional Application Deemed Not to Have Been Filed issued by the department of utility model examination of the CNIPA.

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Trade Dress Product Design: Power of the Presumption of Validity

Patently-O

by Dennis Crouch. SoClean v. Sunset Healthcare Solutions ( Fed. Cir. 2022 ). The SoClean’s eponymous product cleans CPAP machine parts. Sunset was a former distributor for SoClean, but has now become a competitor. The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. Sunset sells a generic version of the same filter.

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Is use of a sign in commerce in a different form from how it was registered genuine use of that trade mark?

The IPKat

Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in a judgment (Case T-273/21) from October this year, the General Court found that use of a three-dimensional EUTM with additional figurative and word elements to how such sign was register did not alter the distinctive character of that mark. As a result, the registration could not be revoked due to non-use.

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Facilitating sustainable finance: An interview with Rachel Teo

McKinsey Operations

Developing countries will need assistance to fund their transition to a low-carbon economy—but this comes with enormous opportunities and the potential for innovation in areas such as blended finance.

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Google's "order delivery/takeout" results aren't misleading/TM infringement

43(B)log

Left Field Holdings v. Google LLC, 2022 WL 17072948, No. 22-cv-01462-VC (N.D. Cal. Nov. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

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Justices Agree To Hear Jack Daniel's Dog Toy TM Case

IP Law 360

The U.S. Supreme Court on Monday agreed to hear an appeal by Jack Daniel's of a decision that a parody dog toy called "Bad Spaniels" does not infringe the liquor maker's trademarks.

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OpenSky: ‘There Was No Harm’ Stemming From Offer to Manipulate VLSI Proceedings

IP Watchdog

On November 17, patent owner VLSI Technology and petitioner OpenSky Industries each filed briefs at the U.S. Patent and Trademark Office (USPTO) in response to Director Kathi Vidal’s order for OpenSky to show cause as to why it should not be required to pay attorney’s fees to compensate for its abuse of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB).

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Roland Wins $4.6M In Drum Programming Patent Row

IP Law 360

A federal judge on Monday signed off on a $4.6 million jury verdict that Japanese audio tech giant Roland Corp. won against a smaller U.S.-based rival, capping off a 10-day jury trial in Miami over electric drumming technology.

Patent 75
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The Titanium Economy: Emerging stronger in the face of disruption

McKinsey Operations

American industrial technology companies offer lessons on building resilience and adopting a through-cycle mindset in times of economic uncertainty.

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Studios Rack Up $56.6M Against No-Show Streamer

IP Law 360

A federal judge in California on Friday ordered the purported owner of an internet-based streaming service called Nitro TV to pay $56.6 million to a coalition of entertainment goliaths including Disney, Amazon, Columbia and Universal, a few months after his lawyer departed the case and a Texas court also ordered him to pay $100 to Dish Networks.

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44th Global Privacy Assembly Leads To Resolutions On Facial Recognition Technology And Cybersecurity

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on November 16, 2022. On October 28, 2022, the Office of the Privacy Commissioner of Canada (the OPC) announced that data protection authorities around the world endorsed resolutions on facial recognition technology (FRT) and cybersecurity at the 44th Global Privacy Assembly (GPA) in Istanbul, Türkiye.

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Pa. OnlyFans Consultant Says Rival Stole Secrets, Employees

IP Law 360

The CEO of a Pittsburgh-area company that helps OnlyFans models build revenue and followers claims a disgruntled former client started a rival agency and poached several of his employees, along with trade secrets they had access to, according to a lawsuit filed last Wednesday in Pennsylvania federal court.

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Prosecution Pointer 356

LexBlog IP

If a request for early publication is submitted and the international search report or the declaration under PCT Article 17(2)(a) is not yet available for publication with the international application, one will need to pay a special publication fee of CHF 200 (see PCT Rule 48.4(a) and Section 113(a) of the Administrative Instructions under the PCT) before publication can take place.

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My Favorite Law Prof: How I Learned To Practice With Passion

IP Law 360

First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

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FDA Approves Eli Lilly’s REZVOGLAR As the Second Interchangeable Insulin Glargine

LexBlog IP

On November 16, FDA approved Eli Lilly’s REZVOGLAR (insulin glargine-aglr) as the second interchangeable biosimilar to LANTUS (insulin glargine), joining SEMGLEE (insulin glargine-yfgn), which was previously approved as interchangeable to LANTUS. Regarding REZVOGLAR’s approval as interchangeable, FDA stated : “This approval furthers FDA’s longstanding commitment to support a competitive marketplace for insulin products.

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4 Paul Weiss Litigators Start Patent Boutique In NY, DC

IP Law 360

Four partners from Paul Weiss Rifkind Wharton & Garrison LLP have left the firm to launch their own patent litigation boutique in New York and Washington, D.C., they said Monday.

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A General Analysis on Mergers And Acquisitions

IP and Legal Filings

Introduction. Corporate Structural changes consist of business combinations in the shape of mergers, amalgamations and takeovers as its key attribute. Merger and acquisitions have helped in the growth of the contemporary corporate sector worldwide. In recent years, in India also the concept of Mergers and Acquisitions have started developing. Procedures for Mergers and Acquisitions are frequently taken into consideration in order to restructure the several trade organizations.

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Disclaimers May Not Be Used to Shapeshift Claims

JD Supra Law

CUPP COMPUTING AS v. TREND MICRO INC. [OPINION] - Before Dyk, Taranto, and Stark. Appeal from Patent Trial and Appeal Board. Summary: Patent Owners cannot attempt to narrow claims by disclaiming claim scope during an IPR proceeding.

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1st Circ. Reverses Lionbridge Insurer's Coverage Win

IP Law 360

Lionbridge Technologies Inc.'s insurer had a duty to defend the translation services company after a trade secrets lawsuit filed in New York sketched out a defamation claim, the First Circuit said Monday in reversing a pretrial win for Valley Forge Insurance Co.

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This Week at the Ninth: Trademarks and Service

JD Supra Law

This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants.

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WIPO Says China Is Filing The Most Patent, TM Applications

IP Law 360

A new report from the World Intellectual Property Organization on Monday found that patent and trademark filings are on the rise around the world, especially in China, where the patent office in Beijing has received more than double the number received by the U.S. Patent and Trademark Office. But a former USPTO director told Law360 that these numbers from China should be "taken with a grain of salt.

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Best of 2011: Sun, Oracle, Microsoft, Google, trademark, patents, copyright and David Boies

Likelihood of Confusion

First posted September 28, 2011. There’s a lot going on, conceptually, in this article entitled “The $800M question: What’s the difference between trademark and copyright?” in VentureBeat: Ten years ago, The post Best of 2011: Sun, Oracle, Microsoft, Google, trademark, patents, copyright and David Boies appeared first on LIKELIHOOD OF CONFUSION™.

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Strategies for Dealing With Rejection for Utility Model Application

JD Supra Law

As more things are considered and stricter standards are applied in the examination of utility model applications, it has become not rare that some utility model applications are rejected. How to deal with a rejection for a utility model application? Should the applicant request reexamination or file a new application? What differences are there between the two ways?

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