Tue.Aug 30, 2022

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5 Things Students Need to Know About Plagiarism in 2022

Plagiarism Today

1 As we discussed earlier this month , the 2022 school year is shaping up to be a very interesting one when it comes to plagiarism and other issues of academic integrity. For many, it will be the first “normal” year since the start of the pandemic in 2020. However, that pandemic brought with it a spike in academic integrity issues. That spike has resulted in pushback from both instructors and schools as they seek to combat the issue.

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3 Different Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO

Erik K Pelton

Arguments, consents, and cancellations are the potential ways to overcome a likelihood of confusion for a trademark application. Learn more about these three and the different office action response situations in this episode. The post 3 Different Ways to Overcome a Likelihood of Confusion Trademark Refusal from the USPTO appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: It’s Not Complicated

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Fortnite ‘It’s Complicated’ Copyright Lawsuit Dismissed. First off today, Ian Boudreau at PCGamesN reports that Fortnite developer Epic Games has emerged victorious in a lawsuit over a dance emote featured in the game itself. The lawsuit was filed by choreographer Kyle Hanagami, who claimed that the Fortnite emote entitled It’s Complicated was an infringement of a routine he created for the Charlie Puth son

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Paramount Uses Copyright Claims Board to Protect Coming to America’s “Big Mick” Burger

TorrentFreak

In June, the US Copyright Claims Board was launched. Through this venue , hosted at the US Copyright Office, rightsholders can try to recoup alleged damages outside the federal court system. Just over a hundred cases have been filed thus far, mostly by smaller independent creators, but some large companies have found their way to the board as well. McDowell’s Copyright Troubles.

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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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New Research Supports What We’ve Long Known: Enforcement Is the Key to Benefitting from Trade Deals

IP Watchdog

Despite high aspirations among political leaders, lawyers and others for a rules-based international order, a major new study from researchers at York University finds that the 250,000 existing treaties designed to foster international cooperation have mostly been ineffective. One big exception, however, is in the area of trade and finance, where negotiators wisely put meat on the bones of the commitments by including meaningful enforcement mechanisms.

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Amicus Briefs Reveal Warhol Foundation’s Flawed Transformative Use Theory

Copyright Alliance

Oral arguments in Andy Warhol Foundation v. Lynn Goldsmith are scheduled for October 12, marking the second time in as many years the Supreme Court will hear a fair use […]. The post Amicus Briefs Reveal Warhol Foundation’s Flawed Transformative Use Theory appeared first on Copyright Alliance.

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At the COPA: Patent Alliances and the Real Satoshi Nakamoto

JD Supra Law

The Crypto Open Patent Alliance (COPA) is a prominent (and possibly the only) defensive Crypto patent alliance. COPA advertises that it was “formed to encourage the adoption and advancement of cryptocurrency technologies and to remove patents as a barrier to growth and innovation.” COPA has at least 34 known members, including a few large U.S.-based crypto companies.

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COVID-19: A catalyst to cancel burnout culture?

McKinsey Operations

Thrive Global Founder and CEO Arianna Huffington was attuned to the deleterious effects of burnout culture long before COVID-19 struck—and she’s on a mission to stamp it out.

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The appeal of rulings

Olartemoure Blog

FERVENT DEBATE AT THE NEXT COLOMBIAN CONGRESS OF PROCEDURAL LAW. Between the 5 th and 9 th of September 2022, the 43 rd Congress of Procedural Law will be held in Cartagena. It will be the first face-to-face congress after 2 years of virtuality, and it coincides with the 10-year celebration of the the issuance of the General Code of proceedings, recently renewed because of the pandemic with Law 2213 of 2022.

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The Office Of The Privacy Commissioner Publishes Survey Report Of Canadian Businesses On Privacy Matters

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 August 24, 2022. On August 11, 2022, the Office of the Privacy Commissioner of Canada (OPC) published a report on its survey of Canadian businesses regarding privacy related-issues (the Survey).

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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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SOLIRIS PMPRB redetermination proceeding resolved on consent

JD Supra Law

In September 2017, the Patented Medicine Prices Review Board (PMPRB) decided that Alexion’s SOLIRIS (eculizumab) was sold at an excessive price. In doing so, the Board departed from the Guidelines, in finding the appropriate benchmark was the lowest international price. The Federal Court dismissed Alexion’s application for judicial review. On July 29, 2021, the Federal Court of Appeal (FCA) set aside the Federal Court’s decision and remitted the matter to the Board for redetermination.

Patent 98
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Boards of Appeal back rejection of special criteria for the novelty of purity inventions, but the Guidelines remain out of step (T 0043/18)

The IPKat

Historically, the EPO has used a higher bar to assess the novelty for purity of compound inventions. A recent decision from the Boards of Appeal has confirmed that this approach contradicts the overarching principles of novelty. The decision in T 0043/18 particularly agreed with the 2018 decision T 1085/13 that novelty can only be destroyed by a clear and unambiguous disclosure in the prior art ( G 2/88 , G 2/10 ).

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Precedential No. 24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB

The TTABlog

Finding that the proposed mark PURPLE RAIN for dietary and nutritional supplements falsely suggests a connection with the famous musician and performer Prince, the Board granted Opposers' motion for summary judgment under Section 2(a) of the Trademark Act. The record contained "copious, unrebutted evidence of Prince’s fame among the general consuming public and his unique association with the words PURPLE RAIN.

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Insurance MGAs: Opportunities and considerations for investors

McKinsey Operations

Managing general agents (MGAs) fill key roles in the insurance distribution chain. The more informed investors are about how MGAs function, the better they can recognize opportunities.

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“Turn Around, Don’t Drown:” Flood Safety Advice from NOAA

U.S. Department of Commerce

“Turn Around, Don’t Drown:” Flood Safety Advice from NOAA. August 30, 2022. KCPullen@doc.gov. Tue, 08/30/2022 - 14:15. Flooding affects every region differently, but it poses a threat to every state, from coast to coast. Floods can occur due to high tides in coastal areas, heavy rain, overflowing rivers, or storm surge associated with hurricanes and tropical storms.

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Overcoming obstacles to the electrification of transportation

McKinsey Operations

In an interview at the M30 Mobility Summit, Navistar’s Michael Grahe shares his views on the latest developments in mobility.

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Infographic | Privacy starter pack for landing business in Colombia

Olartemoure Blog

La entrada Infographic | Privacy starter pack for landing business in Colombia se publicó primero en OlarteMoure | Intellectual Property.

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The McKinsey Crossword: Green Business | No. 91

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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Forbes Cites CIPU, Michelson Institute and Smithsonian-Lemmelson in the Fight to Make IP Rights Real

IP Close Up

“Few people outside of the innovation ecosystem understand the value of intellectual property,” reports Forbes in an article out this week, “Who is Intellectual Property For? Continue reading.

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Venue (and Changing Venue) in Criminal Trade Secret Cases

Patently-O

by Dennis Crouch. Timothy Smith v. US , 21-1576 (Supreme Court 2022). Some commercial and recreational fishermen place artificial reefs in the Gulf of Mexico to attract fish and increase their chances of a successful catch. StrikeLines is a small Pensacola, Florida business that collects and sells the coordinates of those artificial fishing reefs.

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The future of medtech sales is hybrid

McKinsey Operations

Top-performing medtech companies are using hybrid or end-to-end remote sales motions to better meet the needs of healthcare personnel and other stakeholders.

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Copyright Law Preempting Contractual Terms of Use

Patently-O

by Dennis Crouch. The pending Supreme Court petition in ML Genius v. Google focuses on an important issue of copyright preemption. The basic setup: Genius.com has lots of song lyrics, most of which were posted by fans (i.e., “crowdsourced”). LyricFind scraped the data and then sold it to Google. With the data in hand, Google now displays the lyrics in the search results rather than directing traffic to Genius.

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How much is a brick? That depends

McKinsey Operations

The building-materials sector is struggling. Agile margin management can help companies in the industry protect profitability.

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Bankruptcy Dispute Kept Malpractice And IP Claims Alive

IP Law 360

Appeals court judges in Dallas ruled that bankruptcy proceedings started by a failed search engine startup prevented the clock from ticking on legal malpractice claims against a firm formerly known as Travis & Calhoun PC, breathing new life into allegations that a lawyer at the firm used his representation of the startup a decade ago to swipe intellectual property.

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Invalidity on bad faith: historical mark imitation only under strict conditions

JD Supra Law

According to EUIPO, a historical trademark can still enjoy residual protection even if no (new) goods and services have been offered under it for a long time. If such a historical trademark is then newly applied for by a third party with the intention of competing unfairly with the original user of the sign, this can lead to the assumption of bad faith.

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MGM Seeks 9th Circ. Redo In Starz Licensing Row

IP Law 360

MGM Domestic Television Distribution asked the full Ninth Circuit on Monday to rethink its decision allowing Starz Entertainment to bring claims against the film and TV show distributor over licensing films that were supposed to be exclusive to Starz, arguing that the suit was filed past a three-year time limit set by the Supreme Court.

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Third Circuit: Costs Avoided Due to Trade Secrets Misappropriation Can Be Basis for Damages Award

IP Watchdog

The U.S. Court of Appeals for the Third Circuit on Monday said in a precedential decision that Jiangsu Tie Mao Glass Co. Ltd. (TMG) should have shown up sooner in a trade secrets misappropriation lawsuit brought against it by PPG Industries if it wanted to have a chance at winning. But by failing to enter the litigation until after PPG asked the district court to enter default judgment and award damages for unjust enrichment, “its protestations were and are too little and much too late,” said th

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Paramount Wants To Shoot Down 'Top Gun: Maverick' IP Suit

IP Law 360

Entertainment giant Paramount has urged a California federal judge to toss a copyright suit brought by the family of a writer for source material of the film "Top Gun," arguing that the movie's sequel is "vastly different" from the derivative work.

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7 Ways to Save Money During a Recession (or, to Offset Inflation)

Legal Zoom

It is possible to save money when prices are rising everywhere. Here are seven creative ways to cut down on costs and increase savings.

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Latest Federal Court Cases - August 2022 #5

JD Supra Law

Best Medical International, Inc. v. Elekta Inc., Appeal Nos. 2021-2099, -2100 (Fed. Cir. Aug. 26, 2022) - In this week’s Case of the Week, the Federal Circuit addressed issues of jurisdiction where a challenged claim was canceled through ex parte reexamination during pending inter partes review proceedings, and otherwise affirmed the Patent Trial and Appeal Board’s determination that challenged claims were obvious over the prior art.

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NPE uses former Intel patents to attack semiconductor companies

IAM Magazine

Daedalus Prime has filed US district court and ITC actions against MediaTek, NXP Semiconductors and Qualcomm in cases relating to chips used in automotive infotainment systems

Patent 52
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TTAB Cancels Registration, Holds Operations Manager Is Not Trademark Owner

JD Supra Law

TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board (TTAB) issued a precedential decision canceling TMR’s trademark registration for CHENOA FUND & Design covering inter alia mortgage financing services on the grounds that CBC, rather than TMR, owns the mark due to its ultimate control of the business and brand.

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NPE uses former Intel patents to attack semiconductor companies

IAM Magazine

Daedalus Prime has filed US district court and ITC actions against MediaTek, NXP Semiconductors and Qualcomm in cases relating to chips used in automotive infotainment systems

Patent 52
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Sun, Oracle, Microsoft, Google, trademark, patents, copyright and David Boies

Likelihood of Confusion

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, when Sun sued Microsoft over. The post Sun, Oracle, Microsoft, Google, trademark, patents, copyright and David Boies appeared first on LIKELIHOOD OF CONFUSION™.

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Why the new CHIPS + Science Act matters for IP

IAM Magazine

Although many provisions were stripped out of the final version of the legislation, it still contains important tech transfer-related elements, while the huge sums for R&D it envisages are almost certain to spawn more patents

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