Tue.Apr 04, 2023

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The Power of Links for Citation

Plagiarism Today

The humble hyperlink is the backbone of the internet. It's also a powerful tool for citation and attribution, albeit with a few limitations. The post The Power of Links for Citation appeared first on Plagiarism Today.

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Celebrating Five Years of the Tricks of the Trade(mark)® Podcast

Erik K Pelton

This week we are celebrating 5 years and more than 250 podcast episodes with 40,000 listens across dozens of countries. We have covered countless trademark protection topics and continue to evolve our studios and systems. Looking ahead to the next chapter, we want to hear from you! Drop us a message or a comment and let us know what you want to learn more about in the world of intellectual property and great branding.

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3 Count: Edgar’s Victory

Plagiarism Today

John Lewis wins case over Christmas ad, New Zealand National Party takes down documentary trailer, and Italian court orders Cloudflare block. The post 3 Count: Edgar’s Victory appeared first on Plagiarism Today.

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[Guest post] Virtual wars: Exploring legal boundaries in the gaming world

The IPKat

The IPKat has received and is please to host the following contribution by Katfriends Jakob Plesner Mathiasen and Paul Sina (both Gorrissen Federspiel Denmark) concerning IP and gaming. Here’s what they write: Virtual wars: Exploring legal boundaries in the gaming world by Jakob Plesner Mathiasen and Paul Sina The HBO series "The Last of Us" has taken the world by storm, as it explores a post-apocalyptic world ravaged by the Cordyceps fungus.

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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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Music Labels Win Legal Battle Against Youtube-dl’s Hosting Provider

TorrentFreak

The major record labels don’t want the public to download music from YouTube, which is common practice for millions of people. To stop this, the music industry titans deployed a variety of legal tactics around the world. They obtained site-blocking orders, for example, and have taken on stream-ripping sites such as 2Conv and Yout.com directly in court.

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Chip hunting: The semiconductor procurement solution when other options fail

McKinsey Operations

Supply-and-demand mismatches for semiconductors have generated production headaches across industries. Forward-looking companies are using artificial intelligence to optimize short-term procurement.

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Keep Your Apple Watches At Home, Judge Tells Masimo IP Jury

IP Law 360

A California federal judge empaneled a jury Tuesday in Masimo Corp.'s trade secret and patent infringement suit against Apple, but not before warning jurors they should keep their Apple Watches at home, because the case centers on technology in the devices.

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‘F **G AWESOME’ not protectable as an EU trade mark

The IPKat

Normal 0 false 21 false false false DE X-NONE HE The internationally recognised test for registerability of a trade mark is distinctiveness. The legal bases are Art. 6quinquies B. (ii) of the Paris Convention and Art. 5(1) of the Madrid Protocol for the member states of these international treaties. However, the threshold for what constitutes distinctiveness varies.

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The Importance of Semantic Search Capabilities for Life Sciences Orgs

Velocity of Content

The following is an excerpt from Accessing and Analyzing Relevant Content in Today’s Information Chaos.   Semantic enrichment is the ingredient behind getting relevant search results even if they don’t use the same terminology as the query. For example, a query for “rare disease drug approval” would include results for the Orphan Drug Act from the FDA.

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A winning strategy for growth investors at a time of uncertainty

McKinsey Operations

Market dynamics are forcing growth equity investors to rethink their portfolio engagement model. Here’s how they can thrive in a challenging environment.

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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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On the Team Structure at Toyota

Christopher Roser

Toyota is (among other things) famous for its team structure on the front line. They have a quite low ratio of team members to supervisors, and I believe that is part of their success. Whereas many Western companies overstuff their hierarchy, at Toyota supervisors actually have the time to help their people and to also. Read more The post On the Team Structure at Toyota first appeared on AllAboutLean.com.

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Building the office of the future

McKinsey Operations

JPMorgan Chase’s head of global real estate explains how and why the company is investing in tomorrow’s workplace.

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APPLE JAZZ Trademark Owner Beats Apple in CAFC Reversal of TTAB on Tacking Doctrine

IP Watchdog

The owner of the trademark for APPLE JAZZ has won his appeal from the Trademark Trial and Appeal Board (TTAB), which dismissed his opposition to Apple, Inc.’s application to register the mark APPLE MUSIC. The U.S. Court of Appeals for the Federal Circuit (CAFC) said the TTAB legally erred in allowing Apple to claim absolute priority for all of the services listed in its application based on a showing of priority for one service.

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Jazz Overcharged For Narcolepsy Drug, Suit Alleges

IP Law 360

Jazz Pharmaceuticals has been hit with a proposed class action in California federal court accusing it of taking part in a scheme to hike up the price of drugs on the narcolepsy and nonopioid painkiller markets, in turn causing health plans to shoulder those high costs.

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IP Awareness Summit News: Entrepreneur & Inclusion Panel Expanded; Free Virtual Registration Added for IPCU Readers

IP Close Up

Arlyne Simon, Intel medical researcher and author of the the “Abby Invents” book series has been added to the panel, “Entrepreneurship and inclusion – IP’s Continue reading

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The McKinsey Crossword: It Takes Two | No. 122

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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Fed. Circ. Estoppel Ruling Sets Battle Lines For New Disputes

IP Law 360

The Federal Circuit has clarified how courts should determine when accused patent infringers are barred from making invalidity arguments they didn't include in an earlier challenge, but the ruling will spur new fights that could be complicated by evolving technology, attorneys say.

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Copyright Office: “Works Containing Material Generated by Artificial Intelligence”

Likelihood of Confusion

I’m just the messenger! This came out in the Federal Register on March 16, 2023: The post Copyright Office: “Works Containing Material Generated by Artificial Intelligence” appeared first on LIKELIHOOD OF CONFUSION™.

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Services Aren’t Liable for Ignoring the DMCA’s 512(g) Counternotification Procedures–Hopson v. Google

Technology & Marketing Law Blog

This case involves a UGC anime site called Gelbooru, run by Hopson. Rightsowners sent DMCA takedown notices targeting the site to Google. ( Lumen has many takedown notices containing the word “Gelbooru”). Google stripped out the notices’ identifying information and forwarded the notices to Hopson. Google deindexed the site from its search index and issued warnings before searchers clicked on the search results for the site.

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Who Bears the Burden of Proof for IPR Estoppel?

JD Supra Law

IRONBURG INVENTIONS LTD. v. VALVE CORP. Before Lourie, Clevenger, and Stark. Appeal from the United States District Court for the Western District of Washington. Summary: The patentee has the burden of proving that invalidity grounds not raised in a petition for inter partes review could reasonably have been raised.

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2023 Bencher Elections and a Message from Nelligan Law’s Partnership

Nelligan Law

Reading Time: < 1 minutes The Law Society of Ontario 2023 Bencher elections are taking place during the third week of April. The Partners of Nelligan Law collectively and individually support the Benchers running as part of the Good Governance Coalition. The post 2023 Bencher Elections and a Message from Nelligan Law’s Partnership appeared first on Nelligan Law.

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Emerging Issue: AI Governance

JD Supra Law

Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to protect their intellectual property against AI “digital scraping” technology.

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Interesting Patents | Electronic Arts – Revolutionizing the Gaming Industry with AI-Driven 3D Reconstruction of Real-World Objects

LexBlog IP

Interesting Patents | Electronic arts | Tuesday, april 4, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{position: relative !

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Key Legal Considerations in Commercial Rights Licenses for Content-Based NFTs

JD Supra Law

As content-based NFT projects seek to provide NFT owners with value beyond being scarce collectibles, they should consider whether to grant owners rights to commercialize the content underlying the NFTs. As the ecosystem for non-fungible tokens (NFTs) continues to mature, the discourse around content-based NFTs has increasingly focused on the utility that accrues to NFT holders.

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VLSI Still Can't Kick Intel Out Of OpenSky Challenge

IP Law 360

The Patent Trial and Appeal Board on Tuesday shot down VLSI Technology LLC's latest bid to have Intel Corp. pulled off a challenge to its chip patent, holding that Congress did not want district court fights to preclude inter partes reviews.

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Spring cleaning: a transactional check-up for life sciences companies

JD Supra Law

Spring cleaning: a transactional check-up for life sciences companies - This is an article in our 2023 series, “Life Sciences Transactional Insights”, which aims to provide key practical takeaways for our transactional colleagues by anticipating the needs of their regulatory, intellectual property, and business stakeholders.

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Sonrai, HPE Settle After Oversealing Irks Del. Chief Judge

IP Law 360

Sonrai Memory Ltd. and Hewlett Packard Enterprise Co. have settled patent contract litigation days after the District of Delaware's chief judge said both companies and their counsel lost his trust by sealing documents that had no reason to be hidden.

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The Supreme Court Grapples with Patent Enablement - April 2023

JD Supra Law

The Supreme Court heard oral argument in Amgen v. Sanofi last week in an extended session with argument from the parties and the U.S. government. Petitioner was represented by Jeffrey Lamken, Respondents by Paul Clement, and the Government by Colleen Sindak.

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Split CAFC Partially Reopens Door for Valve in Attempt to Overturn $4 Million Patent Infringement Ruling

IP Watchdog

Yesterday, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed in part a district court ruling that found video game company Valve willfully infringed Ironburg’s U.S. Patent No. 8,641,525. However, the CAFC judges ruled that the district court erred when it estopped Valve from raising several grounds that were not the subject of its partially-instituted inter partes review (IPR) petition against Ironburg.

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Federal Court permits counterclaim as of right against non-asserted patent claims in s. 6(1) PMNOC actions

JD Supra Law

On February 17, 2023, the Federal Court ruled that Sandoz and Sun Pharma may counterclaim as of right against non-asserted patent claims in separate actions pursuant to the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations): Boehringer Ingelheim v Sandoz; Boehringer Ingelheim v Sun Pharma, 2023 FC 241. However, the Plaintiffs may move to strike such counterclaims, including on the grounds that they may prejudice or delay the fair trial of the action, or are otherwise an.

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Blank Rome Adds Davidson Berquist IP Partner In DC

IP Law 360

Blank Rome LLP has added a Davidson Berquist Jackson & Gowdey LLP partner of eight years who has a range of experiences working with intellectual property issues to its Washington, D.C., office as a partner, the firm said in a news release Monday.

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March 2023 Roundup of Copyright News

Copyright Alliance

In March, while the copyright community continues to wait for the Supreme Court decision in AWF v. Goldsmith, it took a respite to celebrate a major legal victory by book […] The post March 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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The Implications Of Moderna's Vaccine IP Defense Strategy

IP Law 360

Moderna's recent argument that Artubus' patent infringement claims seeking COVID-19 vaccine sale royalties should be brought in the U.S. Court of Federal Claims, if successful, would change the quantum of damages and cause an inequitable windfall for Moderna at the expense of taxpayers, say Lynn Lehnert and Sara Pilson at Goldberg Segalla.

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NPE Showcase – Web 2.0 Technologies, LLC

LexBlog IP

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Web 2.0 Technologies, LLC. Web 2.0 Technologies is similar to other NPEs, asserting two patents against well-known companies for technology that has been around since the turn of the millennium.

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[Audio] Reissue in IPR and PGR Practice – Patents: Post-Grant Podcast

JD Supra Law

Please join Troutman Pepper’s Intellectual Property and Health Sciences practice groups for our podcast series, which focuses on strategies, trends, and other happenings in post-grant proceedings. In this second installment of a three-episode series, Troutman Pepper Attorney Andy Zappia moderates a discussion with his colleagues Michael Goldman and Megan Thisse O’Gara, on the mechanics and best strategies for using reissue to amend claims in the context of IPR and PGR proceedings.