Thu.Oct 27, 2022

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Honoring Our Nation’s First Responders

U.S. Department of Commerce

Honoring Our Nation’s First Responders. October 27, 2022. KCPullen@doc.gov. Thu, 10/27/2022 - 12:06. First responder network. By Chief Richard Carrizzo, Fire Chief for the Southern Platte Fire Protection District (Missouri) and Vice Chair of the First Responder Network Authority Board. First responders are at the core of our communities. Emergency medical officials treat those in pain.

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New survey reveals $2 trillion market opportunity for cybersecurity technology and service providers

McKinsey Operations

Cyberattacks are proliferating, causing trillions of dollars of damage every year. The cybersecurity industry has a chance to step up and seize the opportunity.

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Booted From GitHub & TikTok, Pirate Streaming Site WishFlix Attempts Comeback

TorrentFreak

Running a pirate site is a dangerous endeavor. Those who get caught can face serious claims for damages or even prison time. Apparently, this is a risk some are willing to take. There are thousands of pirate sites and services online today, some more public than others. WishFlix is one of those sites that clearly stands out. The French streaming portal was initially hosted on GitHub and like other sites of this nature, appears to use a pre-coded script and a third-party content library to serve

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Office Of The Privacy Commissioner Of Canada Publishes Results Of Investigation Into Marriott Data Breach Of 2018

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 October 19, 2022. On September 29, 2022, the Office of the Privacy Commissioner of Canada (the OPC) published the results of its investigation into the 2018 data breach involving Marriott International, Inc.

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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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Copyrightability of Jack-O-Lanterns

Copyright Alliance

It’s the spookiest time of year – ghouls and goblins abound, and candy threatens to expand our waistlines. In the grocery store, pumpkin flavoring and packaging jumps out in every […]. The post Copyrightability of Jack-O-Lanterns appeared first on Copyright Alliance.

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Decarbonising India: Charting a pathway for sustainable growth

McKinsey Operations

This will be a decisive decade. With intentional action, India can accelerate decarbonisation at scale while pursuing economic growth.

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The Helix report: Is biopharma wired for future success?

McKinsey Operations

The biopharmaceutical industry has made remarkable achievements in the past decade, but is it equipped to leap still further ahead in the coming one? Company leaders’ answers to nine questions could prove decisive.

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PMPRB finds ultra-rare drug PROCYSBI is excessively priced

JD Supra Law

On September 1, 2022, a Panel of the Patented Medicine Prices Review Board (PMPRB) issued a decision that the price of Horizon Pharma’s PROCYSBI (cysteamine delayed release capsules) was and is excessive under sections 83 and 85 of the Patent Act. The Panel ordered Horizon to reduce the price of PROCYSBI from $0.4140/mg to no higher than the Maximum Average Potential Price (MAPP) prescribed by the Moderate Improvement Test under the Guidelines ($0.2202/mg) and pay the excess revenues to Canada.

Patent 98
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LinkedIn Urges Scrapping Suit From Data Scraper 3Taps

IP Law 360

LinkedIn argued to a California federal judge on Thursday that data scraping company 3Taps' suit seeking to collect information from public profiles on the job networking site should be tossed, claiming that the plaintiff is not a functioning business and that there's no controversy since LinkedIn never threatened 3Taps with litigation.

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Complete Victory for Vifor Fresenius in Pharmaceutical Patent Litigation

JD Supra Law

Quinn Emanuel won a complete victory for its client Vifor Fresenius Medical Care Renal Pharma Ltd. in a pharmaceutical patent case against Teva Pharmaceuticals USA, Inc. As a result, Vifor Fresenius’s Velphoro® product will be protected from generic competition until July 2030.

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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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Measuring preparedness: Are public health systems ready for the next pandemic?

McKinsey Operations

Public health leaders could take a more strategic approach to assess and track investments in preparedness for future infectious threats.

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Do we need to rethink academic conferences?

The IPKat

EPIP (European Policy for Intellectual Property) – as the website states - is an international, independent, interdisciplinary, non-profit association of researchers that grew out of a network financed by the European Commission in 2003-05. The annual EPI P conference took place from 14th - 16th September 2022, at Cambridge University and online. This year’s theme was “Opening IP for a Better World?

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How US consumer behavior is changing: Insights for CPG companies

McKinsey Operations

With inflation at record highs and consumer sentiment at record lows, consumer-packaged-goods companies need to sharpen their brands’ value propositions and invest in innovation.

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Making Sense of the Indifference to Bill C-18’s Cutting Out Small Media Outlets While Giving Hundreds of Millions to Bell, Rogers and the CBC

Michael Geist

Bill C-18, the Online News Act, appeared to be headed to clause-by-clause review this week. But the mounting attention on the bill – notably Facebook’s revelation that it would consider stopping news sharing in Canada if the bill passes in its current form – may have persuaded MPs to add several additional hearings , including one on Friday that will feature both Facebook and OpenMedia.

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Hyperscaling a fintech start-up: Lessons from Moss

McKinsey Operations

CEO and cofounder Ante Spittler discusses how an investor observation sparked the creation of a company that is valued at €500 million just two years after launch.

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Protection of Geographical Indications in Philippines

IP and Legal Filings

Introduction. A Geographical Indication (GI) is an intellectual property right protecting the name and identity of certain products which unique characteristics have developed due to a mix of local factors/influences either natural, due to a specific environment, and/or human, through the use of the wisdom/know-how of local producers. These products are, therefore, associated in the mind of the consumers with their origin and are named accordingly.

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Massachusetts Supreme Judicial Court Names 15 Fish Attorneys to Pro Bono Honor Roll

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is pleased to announce that 15 Fish attorneys have been named to the Massachusetts Supreme Judicial Court (SJC) 2021 Pro Bono Honor Roll and High Honor Roll. These attorneys were recognized at the annual Adams Awards, held by the SJC’s Standing Committee on Pro Bono Legal Services on October 2 6. . Attorneys named to the High Honor Roll have provided more than 100 hours of pro bono legal services in the past year, while those named to the Honor Roll have provided at least

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Patent Filings Roundup: Another Slow Week in the Courts; Discretionary Denials Drop to Near-Zero in Q3

IP Watchdog

It was another surprisingly light week in patent filings, compared at least with recent memory—just 29 new suits and 17 new filings at the Patent Trial and Appeal Board (PTAB), all inter partes reviews (IPRs). The filings include a few challenges against patents asserted by the Fortress-funded Neo Wireless and Netlist, as well as a slew of filings by Apple against Mullin Industries, LLC.

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IP Forecast: ITC To Hear Ericsson 5G Patent Fight With Apple

IP Law 360

A fight between Ericsson and Apple over 5G technology is set to kick off before a U.S. International Trade Commission judge next week, with the companies planning to duel over whether switchable connectivity patents are infringed by devices like iPhones and iPads. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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P.S., I Don’t Love You: UK Court Delivers Blow to Apple in FRAND Fight with Optis But Laments ‘Dysfunctional’ SEP Dispute System

IP Watchdog

The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis’ standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license. But in a post script to the ruling, Lord Justice Arnold said both Apple’s appeal and Optis’s cross-appeal “illustrate yet again the dysfunctional state of the current system for determ

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Seyfarth Trade Secret Group to Present at California Lawyers Association 2022 IP Institute

Trading Secrets

The California Lawyers Association 2022 IP Institute is taking place November 3-5, in Dana Point, California. Seyfarth is a silver sponsor for the conference, and Seyfarth attorneys Robert Milligan, Puya Partow-Navid, Joshua Salinas, and Sierra Chinn-Liu are attending. Joshua Salinas—Seyfarth associate and member of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is leading a discussion during the Lunch with Table Topics on Friday, November 4.

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Seyfarth Trade Secret Group to Present at California Lawyers Association 2022 IP Institute

LexBlog IP

The California Lawyers Association 2022 IP Institute is taking place November 3-5, in Dana Point, California. Seyfarth is a silver sponsor for the conference, and Seyfarth attorneys Robert Milligan, Puya Partow-Navid, Joshua Salinas, and Sierra Chinn-Liu are attending. Joshua Salinas—Seyfarth associate and member of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is leading a discussion during the Lunch with Table Topics on Friday, November 4.

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Biogen Seeks a Preliminary Injunction in Natalizumab BPCIA Case Against Sandoz

JD Supra Law

???????Biogen seeks a preliminary injunction in its BPCIA case against Sandoz related to Sandoz’s proposed biosimilar of TYSABRI (natalizumab). On October 20, 2022, the Court issued a sealed order on the parties’ joint stipulation and proposed schedule for a preliminary injunction motion.

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Gilead Seeks Win In Gov't's 'Unprecedented' HIV Drug IP Suit

IP Law 360

Gilead asked a Delaware federal court to hand it a win Thursday in the government's suit alleging its PrEP HIV drugs infringe the U.S. Department of Health and Human Services' patents, arguing that the lawsuit is "extraordinary and unprecedented" and HHS doesn't have the authority to sue for infringement.

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Does Not Compute: Faster Processes Aren’t Enough for Subject Matter Eligibility

JD Supra Law

In yet another opinion addressing subject matter eligibility and application of the Supreme Court’s Alice decision, the US Court of Appeals for the Federal Circuit found claims directed to graphical displays and user interfaces subject matter ineligible as directed to abstract ideas. IBM v. Zillow Group, Inc., Case No. 21-2350 (Fed. Cir. Oct. 13, 2022)….

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Six things to watch in Atlantic IP NPE’s upcoming trial against Continental

IAM Magazine

The outcome of Arigna Technology’s EDTX jury trial against Continental over driver-assist radar technology portends what happens to the future of claims against General Motors, Nissan Motor, Tesla and Toyota Motor

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Jones Walker LLP Releases Results of Third Cybersecurity Survey

LexBlog IP

Jones Walker LLP recently released the findings of our 2022 Ports and Terminals Cybersecurity Survey. Since 2018, we have surveyed key US infrastructure industries including the greater maritime industry in 2018 and the midstream oil and gas industry in 2020. The economic effects of the COVID-19 pandemic, geopolitical events, supply chain disruptions, labor shortages, rising inflation, and unstable energy prices make cybersecurity a growing concern for owners and operators of US ports and mariti

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[Video] Webinar | Successful Strategies for Patenting Bioinformatics and Computational Genomics

JD Supra Law

Bioinformatics and computational genomics stand at the cutting edge of biological research. As companies push the boundaries of our understanding in this space, it is important that they take steps to protect the intellectual property behind their hard-earned discoveries. Innovations in bioinformatics and computational genomics are subject to unique patentability concerns and strategic considerations that any effective IP plan needs to take into account.

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District Court Finds Plaintiff Failed to Meet Pre-Filing Meet and Confer Requirements

LexBlog IP

In SSMiller IP LLC v. Sugar Beets LLC, 2-22-cv-02576 (CDCA Oct. 21, 2022) District Judge George H. Wu of the Central District of California found the parties did not sufficiently meet and confer as required by the Local Rules before Plaintiff filed its motion to dismiss Defendant’s noninfringement and invalidity counterclaims. The Court, in its discretion, still considered the motion to dismiss but ultimately summarily denied plaintiff’s motion.

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[Webinar] The Ins & Outs of Understanding Data Rights in Advertising Agreements - November 3rd, 2:00 pm - 3:00 pm ET

JD Supra Law

With the now ubiquitous use of data in advertising, it’s more important than ever to understand data as a business asset and how it can be claimed, protected, and managed. Join us for our November Advertising Law webinar program, which will examine data rights to provide a greater understanding of available proprietary protections, licensing or acquisition considerations, and what other legal issues arise or are implicated by data use or management.

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One Bad Apple Won’t Spoil the Rest of the Bunch’s Ability to Fairly Compete in Matthews International Corp. v. Lombardi

LexBlog IP

The tension between encouraging free and fair competition and protecting competitive advantages derived from hard work and ingenuity is at the very heart of trade secrets law. Among other things, this tension manifests itself in the gray areas endemic to any legal analysis of what information may constitute a “trade secret.” In comparison, assessing the behavior of those accused of misappropriating trade secrets can sometimes be a much more straightforward exercise.

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Establishing Indefiniteness Requires More Than Identifying “Unanswered Questions” Part II

JD Supra Law

Earlier this year, the US Court of Appeals for the Federal Circuit reversed a district court decision for relying on an incorrect standard for indefiniteness. (Nature Simulation Systems Inc. v. Autodesk, Inc). Now, in response to a motion for panel rehearing, the Federal Circuit modified its decision on rehearing deleting language. Nature Simulation Systems Inc. v.

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Digital Services Act published in EU’s Official Journal

LexBlog IP

The Digital Services Act ( DSA ) was published in the Official Journal of the European Union today. It will enter into force on 16 November 2022 , i.e. 20 days from the date of publication in the Official Journal. Who will be affected? The DSA will apply to a range of providers of digital “intermediary services” (which will include mere conduit services, caching services and hosting services), where such services are offered to natural or legal person recipients that are established

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Federal Circuit Review - September 2022

JD Supra Law

Duplicative-Litigation Doctrine: Proper Motion Practice is Essential to Avoid Dismissal of Duplicative Complaints - In Arendi S.A.R.L. v. LG Electronics Inc., Appeal No. 21-1967, the Federal Circuit held that under the duplicative-litigation doctrine, a party cannot maintain two separate actions involving the same subject matter, at the same time, in the same court, and against the same defendant.

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Apple, Optis Chastised In Appeal Over Patent Licensing Terms

IP Law 360

The Court of Appeal ruled Thursday that Apple can't wait to see the terms of a court-ordered global licensing agreement for standard-essential wireless patents with Optis before committing to abide by it, but accused the companies of attempting to "game the system.