Tue.Oct 04, 2022

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Why Bots Shouldn’t Decide Copyright Cases

Plagiarism Today

Last week, a judge in the Ed Sheeran Thinking Out Loud case denied a motion for summary judgment , setting the case on the path toward an eventual trial. The case pits Sheeran against Structured Asset Sales, a company that owns a one-third stake in the copyrights of Ed Townsend. Townsend, along with Marvin Gaye, co-wrote the song Let’s Get it On , which the plaintiffs argue was infringed by Sheeran’s hit.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

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Tattoos and Copyright: A Potent Combination

Plagiarism Today

Last week, a jury awarded a victory to tattoo artist Christine Alexander in her long-running case against the video game company Take-Two Interactive. Alexander is responsible for some of the tattoos on WWE star Randy Orton. Take-Two, as part of their ongoing WWE 2K series, featured those tattoos on Orton’s digital representation in several of its games.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

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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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3 Count: Melted Chocolate Bunnies

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: PS5 Has Seemingly Been Jailbroken, and People are Already Installing PT on It. First off today, Ryan Leston at IGN reports that, two years after its release, modders may finally be making progress at jailbreaking the PlayStation 5 (PS5), which may lead to pirated games and other unauthorized software being usable on the platform.

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Litigation Blackmail: Sanctions for Gaming IPR System

Patently-O

by Dennis Crouch. OpenSky Indus v. VLSI , IPR 2021-1064 (Before Dir. Vidal). Stepping-in like a court of equity, Dir. Vidal today issued a Precedential Order finding that OpenSky had abused the IPR process. OpenSky filed its IPR petition soon after VLSI won a $2 billion judgment against Intel. At that point though, OpenSky offered to work on behalf of either VLSI or Intel.

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What's law got to do with it?

JD Supra Law

When lawyers talk about “intellectual property law” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents (inventions). But for many Native Americans, “intellectual property” has a broader meaning that encompasses cultural heritage, tribal traditions, and traditional knowledge passed down through generations.

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DMCA Scammers Exploit Sites Linked to Mental Health Issues to Boost SEO

TorrentFreak

For website operators trying to get information into the public eye, the last thing they need are legal threats claiming that they’ve infringed someone’s copyrights. Copyright lawsuits have a reputation of being expensive to defend so, when threatened, most people take the easiest way out. A new wave of copyright complaints being sent out right now offer an extremely easy off-ramp for supposed infringers.

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The multi-billion-dollar paper jam: Unlocking trade by digitalizing documentation

McKinsey Operations

Trade documentation is a paper-intensive and resource-consuming process. An electronic bill of lading could save $6.5 billion in direct costs and enable $40 billion in global trade.

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September 2022 Roundup of Copyright News?

Copyright Alliance

In September, the U.S. Copyright Office released a new final rule on deposit accounts and Congress held a U.S. Copyright Office oversight hearing. Here is a quick snapshot of those […]. The post September 2022 Roundup of Copyright News appeared first on Copyright Alliance.

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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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Giving off Bad Energy: “Milkshake” Sample Removed from Beyoncé’s Album “Renaissance”

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Beyoncé’s new album released on July 29, 2022, Renaissance, was the subject of a lot of backlash this month. Her song “Heated” was labeled “ableist” and “offensive” from listeners for using the word “spazz,” and many more were heated about “Energy,” interpolated Kelis’ 2003 R&B favourite, “Milkshake.”.

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Attorney-Turned-Wrestler Finds Victory In Following Dream

IP Law 360

In the world of professional wrestling, few fans would have mistaken The Undertaker for a licensed mortician, but in the rings and arenas of western Pennsylvania, West Virginia, Ohio and New York, "The Gavel" David Lawless is indeed an attorney — albeit not the arrogant heel he portrays.

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Patent Poetry: Is a Design Law Treaty coming?

JD Supra Law

The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial designs. Similar treaties already exist in the area of Patents (Patent Law Treaty of 2000) and Trademarks (Trademark Law Treaty of 1994 and Singapore Treaty on the Law of Trademarks of 2006).

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Missing Revenue in the Global Flip: Getting the Open Access Math Right

Velocity of Content

This post originally ran in The Scholarly Kitchen and has been republished with permission. One obvious impact of the recent OSTP memo calling for zero embargo public access policies for articles resulting from research funded by US Federal agencies is that it will increase the speed at which publishers commit to an Open Access (OA) future. While the US policy differs from Plan S in that it purports to be “agnostic” toward business models, the end result, the flipping of hybrid/subscription jo

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Tailoring Music to Your Tastes – Another Successful 101 Challenge in N.D. Cal.

JD Supra Law

Bluebonnet Internet Media Services, LLC (“Bluebonnet”) asserted three patents relating to generating media playlists against Pandora Media, LLC (“Pandora”). Judge Chhabria granted Pandora’s motion for judgment on the pleadings, holding that the asserted patents are invalid under 35 U.S.C. § 101.

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Why FIFO: The Benefits of First In, First Out

Christopher Roser

FIFO (first in, first out) is one of the simplest and most basic ideas in manufacturing, and yields significant benefits. It is so simple that I don’t even want to call it a tool, since it is one of the fundamentals in manufacturing (and many other areas). In this post I want to take a. Read more. The post Why FIFO: The Benefits of First In, First Out first appeared on AllAboutLean.com.

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USPTO News Briefs - October 2022

JD Supra Law

In a Patent Alert email distributed to stakeholders last month, the U.S. Patent and Trademark Office announced the replacement of four legacy search tools -- the Public-Examiner's Automated Search Tool (PubEAST), Public-Web-based Examiner's Search Tool (PubWEST), Patent Full-Text and Image Database (PatFT), and Patent Application Full-Text and Image Database (AppFT) -- with the Office's new  Patent Public Search (PPUBS) tool.

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Why the Online News Act is a Bad Solution to a Real Problem, Part Six: CBC Eligibility Harms News Competition and Its Public Interest Mandate

Michael Geist

The blog series on why Bill C-18, the Online News Act, is a bad solution to a real problem continues with the first of several posts on the eligibility rules, starting with the decision to make the CBC eligible for the system that could lead to mandated payments. The inclusion of the public broadcaster should be opposed by its critics and supporters since it harms both competition and the public interest role of the public broadcaster.

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USPTO Director Issues Sanctions for Abusing IPR Process in OpenSky/VLSI

Patently-O

by David Hricik, Mercer Law School. The October 4, 2022 presidential decision awarding sanctions against OpenSky LLC and its counsel is here. There are several amici briefs that went into this order which is a doozy. Boiled way down, after VLSI obtained a verdict for $675 million against Intel, OpenSky was formed and, according to the Director, was formed solely to file an IPR petition that it copied from one that Intel had previously filed, but which had not been instituted based on the Finiti

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Life Sciences Patents After American Axle — Grave Danger or Temporary Uncertainty?

IP Watchdog

The Federal Circuit’s denial of en banc rehearing and the Supreme Court’s denial of certiorari review mean the decision in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, 967 F.3d 1285 (Fed. Cir. 2020), is the latest word on subject-matter eligibility under 35 U.S.C. § 101. In American Axle, the Federal Circuit applied the Supreme Court’s two-part Alice/Mayo test to hold a method for manufacturing driveline propeller shafts with liners designed to attenuate vibrations invalid as

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The CHIPS and Science Act: Here’s what’s in it

McKinsey Operations

The act invests $280 billion to bolster US semiconductor capacity, catalyze R&D, and create regional high-tech hubs and a bigger, more inclusive STEM workforce.

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Branding alert for Royal Warrant holders

The IPKat

Kat friends Jamie Brazier and Abida Chaudri provide an enlightening discussion of the right to use the Royal Arms following the death of Queen Elizabeth II. It was with great sadness that the world learned, on 8 September 2022, of the death of Queen Elizabeth II the longest reigning monarch in British history. Immediately on her death, Charles III (then Prince of Wales) became king, and shortly thereafter Prince William (by virtue of being the next in line to the throne) was appointed as the Pri

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Call for IP Law Articles from the William & Mary Business Law Review

43(B)log

Volume 14 of the William & Mary Business Law Review is currently accepting intellectual property law articles for its final issue, set to print in spring 2023. The journal aims to publish cutting-edge legal scholarship and contribute to significant and exciting debates within the business community. Authors may submit articles via Scholastica or email to wm.blr.articlesubmission@gmail.com , together with their curriculum vitae and cover letter (optional).

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Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Google probably later this week.]. Yout’s software allows users to rip digital streams, such as from YouTube. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. The court denies the request, implying that Yout likely violates both. One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout f

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Unsealed Court Documents Reveal Scale of Counterfeit Gilead HIV Drugs Scam

IP Watchdog

The U.S. District Court for the Eastern District of New York unsealed multiple documents last week that named the kingpins behind an alleged counterfeit HIV medication conspiracy. An unsealed amended complaint filed in late September names the two alleged kingpins as Lazaro Roberto Hernandez and Armando Herrera, both of Florida. The two “kingpin defendants” are accused of being “at the head of the conspiracy” and “career criminals who organized the conspiracy and controlled the flow of the count

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When Does Disclosure of a Chemical Genus Anticipate a Species?

Patently-O

by Chris Holman. Mylan Pharms. Inc. v. Merck Sharp & Dohme Corp. , 2022 WL 4541687 ( Fed. Cir. Sept. 29, 2022 ). As a general rule of thumb, the prior art disclosure of a chemical species anticipates (and thus renders unpatentable) a chemical genus encompassing that species. The prior art disclosure of a chemical genus, on the other hand, generally does not anticipate a species falling within the scope of the genus – except when it does.

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Vidal Bans OpenSky from VLSI IPR in Precedential Director Review Decision

IP Watchdog

In a much-anticipated decision, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal today issued a precedential Director review ruling holding that inter partes review (IPR) petitioner OpenSky Industries, LLC abused the IPR process in its conduct with patent owner, Technology LLC, and sanctioning OpenSky by excluding it from the IPR proceedings and “temporarily elevating Intel to the lead petitioner.

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Logistics disruptors: Replicating Uber’s success in the trucking industry

McKinsey Operations

There’s a 30 percent chance the truck next to you on the highway is empty—a sign of inefficiency in an aging industry. Uber Freight’s Lior Ron is on a quest to change that.

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Texas Patent Litigation Monthly Wrap-Up: September 2022

Fish & Richardson Trademark & Copyright Thoughts

This post reviews three recent Texas district court opinions regarding venue under 28 U.S.C. § 1400 et seq. Jawbone Innovations, LLC v. Samsung Electronics Co., Ltd., et al., 2:21-cv-00186 (E.D. Tex. August 31, 2022) (Roy Payne). Plaintiff Jawbone Innovations sued Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc., in the Eastern District of Texas for infringement of six patents generally related to acoustic noise suppression functionalities. [1] Samsung moved to transfer venu

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US workplace benefits: Connecting health, wealth, and wellness

McKinsey Operations

Who will crack the code and create an integrated experience in the employer-sponsored benefits ecosystem?

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Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual Marketplace

JD Supra Law

​​​​​​​As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change in these new digital spaces. Will the digital storefront of a well-known brand mirror its brick-and-mortar storefront?

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Shopify Settles Educational Textbook Publishers' Piracy Suit

IP Law 360

Shopify Inc. has reached a deal to end a copyright and trademark infringement suit brought by a group of educational publishers that accused the e-commerce retailer of knowingly hosting and enabling shop owners to sell pirated digital copies of the publishers' textbooks, testing packets and solution materials, Shopify confirmed Tuesday.

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USPTO Publishes RFC on Continuation and Other Criticized Patent Practices

IP Watchdog

The United States Patent and Trademark Office (USPTO) announced today that it is seeking comment from the public on “proposed initiatives directed at bolstering the robustness and reliability of patents to incentivize and protect new and nonobvious inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition.

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Taylor Swift Says 'Shake It Off' Litigants Gave Up Right To Sue

IP Law 360

Taylor Swift's attorney urged a California federal judge Tuesday to toss a suit claiming she lifted a line from a 2001 R&B song for her chart-topping hit "Shake It Off," arguing the songwriters signed away their rights to sue years ago.

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Digital resilience: Consumer survey finds ample scope for growth

McKinsey Operations

Opportunities are there for the taking in mobile, new digital services, and improved digital experiences.

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