Thu.Nov 17, 2022

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The Bizarre Copyright Battle Over Supercalifragilisticexpialidocious

Plagiarism Today

For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in. The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations.

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U.S. Indicts Two Russians for Running the ‘Z-Library’ Piracy Ring

TorrentFreak

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names as part of a criminal investigation.

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What matters most? Six priorities for CEOs in turbulent times

McKinsey Operations

With economic troubles mounting, it’s a time to tighten belts and put on hard hats. But don’t forget the jet pack, to accelerate into the next phase of growth.

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Regeneron Files Amicus Brief in Support of CVC and Reversal in Interference No. 106,115*

JD Supra Law

Biotechnology company Regeneron Pharmaceuticals, Inc. filed an amicus curiae brief at the Federal Circuit in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the Patent Trial and Appeal Board's decision to award priority to Broad Institute, Harvard University, and MIT (collectively, "Broad") as Senior Party for claims reciting eukaryotic embodiments of CRISPR-Cas9 (see "PTAB Grants Priority.

Patent 117
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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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Starting strong: Making your CEO transition a catalyst for renewal

McKinsey Operations

The best CEOs use the first six to 12 months of their tenure as a moment of great personal transition and institutional renewal. There are four keys to success.

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Trademark Battle Between Restaurant and Man Who Wants 1.5 Million Dollars

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at University of Western Ontario’s Faculty of Law. Can you file a trademark application for a restaurant and proceed to demand 1.5 million dollars to sell that mark? The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. Ltd v Meng (“ Judian ”), finds you cannot because the application would be filed in bad faith.

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Three reasons why you might consider not to opt-out your patents from the UPC system

JD Supra Law

We recently discussed under which circumstances it might be advisable to declare an opt-out for existing European patents. However, there may be also good reasons not to declare an opt-out for your existing European patents.

Patent 101
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Do Employees Working from Home Impact Venue in Patent Litigation?

The IP Law Blog

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” Given the increase in employees working from home in recent years, the question has arisen as to whether an employee’s home office is considered a “regular and established place of business” for the purposes of patent venue.

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Fed. Circ. Freezes Del. Patent Suit Funding Probe For Now

IP Law 360

The Federal Circuit on Thursday froze a Delaware federal judge's order that seeks records about who's funding patent litigation against several media companies, giving the parties time to respond to a patent owner's argument that the court's related standing order is illegal.

Patent 98
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The Law Commission of England and Wales Proposes to Classify NFTs as Data Objects

JD Supra Law

NFT creators and consumers should evaluate the legal and commercial considerations of NFTs that are linked to copyright work. The Law Commission of England and Wales (the Commission) is a statutory independent body that keeps the law of England and Wales under review and recommends reform where it determines that it is needed.

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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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Making everyday products greener

McKinsey Operations

Transition to greener products may be challenging, but it’s feasible. However, achieving scale will be a significant hurdle in a world where demand for green materials will soon outstrip supply if targets and commitments are taken seriously.

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Major Pirate IPTV Service Raided, Four Arrests, 95 Resellers Face Investigation

TorrentFreak

In the wake of Italian police shutting down a 900,000 user pirate IPTV service last week, police in Spain have followed up with an operation of their own. Information provided by Policía Nacional and EUROPOL does not include the service’s name but according to the numbers, the operation appears significant. The IPTV service had more than 500,000 subscribers all over Europe, serviced by a network of resellers.

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What is the date of separation when you and your spouse disagree?

Nelligan Law

Reading Time: 2 minutes Child support, spousal support, and the division of property are just some of the issues that can arise from the breakdown of a relationship. In the face of having to reconcile these areas of dispute, the date of separation is often thought to be the easy part. Unfortunately, this is not always the case. My spouse and I disagree on the separation date.

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CCC Wins Several Top Workplaces Cultural Excellence Awards

Velocity of Content

CCC has earned several 2022 Top Workplaces Culture Excellence Awards for Employee Appreciation, Employee Well-Being, Professional Development, and being Women-Led. Earlier this year, CCC won national recognition for Compensation & Benefits, Leadership, and Work-Life Flexibility. Issued by Energage , the research company with more than 16 years of experience surveying over 27 million employees at 70,000 organizations, the Top Workplaces Culture Excellence Awards celebrate companies that

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21 Best Gifts for Art Lovers

Art Law Journal

Looking for the perfect gifts for art lovers in your life? Artrepreneur has you covered with artist-curated picks for every person on your list.

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Invention Licensing Today May Be Easier for Some Without Patents Than With

IP Close Up

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

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Preparing the world for zero-emission trucks

McKinsey Operations

The mainstay vehicles of commercial road transport will soon benefit from cost-effective, zero-emission horsepower.

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Koss Can't Overcome Alice In Wireless Headphone IP Case

IP Law 360

A California federal judge has thrown out headphone maker Koss Corp.'s suit claiming Poly Inc. infringed a half-dozen patents, saying that the patents presently don't pass muster under the U.S. Supreme Court's Alice ruling, though it has three weeks to try again.

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Patently-O Bits and Bytes by Juvan Bonni

Patently-O

Recent Headlines in the IP World: Blake Brittain: Google Must Face Uniloc Patent Lawsuits Again – Appeals Court (Source: Reuters). Zac Hall: Apple Settles With Firm In AirPods Patent Case On Jury Selection Day After Previous Mistrial (Source: 9to5 Mac). Blake Brittain: Eli Lilly Ordered To Pay $176.5 Million To Teva In U.S. Migraine Drug Patent Trial (Source: Reuters).

Patent 64
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Drake, 21 Savage Agree To Ban On Their Fake Vogue Cover

IP Law 360

Rappers Drake and 21 Savage have agreed to stop using a phony Vogue cover featuring the artists that is at the center of a trademark suit brought by media giant Condé Nast in New York federal court, ultimately removing the fake cover from promotional material used to market their 2022 album "Her Loss.

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The Garden State in bloom: Cultivating New Jersey’s workforce of tomorrow

McKinsey Operations

Total employment in New Jersey has rebounded to prepandemic levels but the state faces a talent shortage in selected occupations. A comprehensive talent strategy could unlock the full potential of New Jersey’s economy for all of its residents.

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As Metaverse Evolves, So Do IP Protection Issues

IP Law 360

Matthew Carey at Marshall Gerstein looks at the unique legal challenges associated with intellectual property in the metaverse and several ongoing trademark cases that are likely to settle some of the ownership concerns that stakeholders have in this space.

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The snap back of travel: Airlines’ ability to keep pace

McKinsey Operations

Summer travel in 2022 was filled with crowded airports, delayed flights, and unhappy customers—but airlines can turn the situation around and build greater capacity for the future.

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Hasbro Pushes To Stop Fantasy Game Rival In IP Fight

IP Law 360

Hasbro Inc. unit Wizards of the Coast asked a Washington federal judge on Thursday to block a tabletop fantasy game from the market, alleging it infringes Wizards' trademark and includes "blatantly racist and transphobic" content that damages Wizards' reputation.

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Client Alert: Supreme Court to Address International Reach of U.S. Trademark Law

JD Supra Law

Earlier this month, the Supreme Court agreed to hear an appeal that could clarify the legal landscape for U.S. brand owners seeking to enforce trademarks abroad — namely, whether brand owners may file suit in U.S. court for “extraterritorial” infringement of U.S. trademarks or whether brand owners must rely on foreign trademark rights and on foreign courts for enforcement.

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Credibility Matters: Defendants’ Expert Witness Helps Bring a Non-Infringement Win

LexBlog IP

In Eagle Pharms., Inc. v. Slayback Pharma LLC , 2022 U.S. Dist. LEXIS 193941 (D. Del. Oct. 25, 2022), the District of Delaware held that Plaintiff failed to meet its burden to establish infringement by Defendants’ New Drug Application (NDA) filings. Id. at *20. Read more.

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Another Kind of Term Limit: Delay Resulting from After-Allowance Amendments Deducted from PTA

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed the US Patent & Trademark Office’s (PTO) decision on a patent term adjustment (PTA), finding that it was appropriate to deduct days from a patent term when the applicant files an amendment after notice of allowance and could have completed prosecution earlier by withdrawing the amendment or abstaining from filing it in first instance.

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Who can file the request for examination of a patent application in India?

Selvam & Selvam Blog

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall be no examination of a patent application. The time period for filing a request for examination shall be 48 months from the date of priority of the application or from the date of filing of the applica

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Message to Judge Albright: Venue Motions Are First Order of Business

JD Supra Law

The US Court of Appeals for the Federal Circuit vacated a scheduling order from the US District Court for the Western District of Texas and directed the court to postpone fact discovery and other substantive proceedings until it considered a motion for transfer. In re: Apple Inc., Case No. 22-162 (Fed. Cir. Nov. 8, 2022) (Reyna, J.) The Federal Circuit ordered that Apple’s motion to transfer must proceed expeditiously as the first order of business, precluding fact discovery and other.

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The USPTO Wants More Attorneys Practicing Before the PTAB

LexBlog IP

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). The goal is to expand admission criteria so “more Americans, including those from traditionally under-represented and under-resourced communities, can participate in Office practice.” [1].

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Sports & Entertainment Client Alert – November 2022

JD Supra Law

Following up on the latest release of updated guidance from the NCAA on “permissible” and “impermissible” actions, below are pointers for colleges, universities, student-athletes, brands and sponsors when it comes to Name, Image, and Likeness matters.

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Do Employees Working from Home Impact Venue in Patent Litigation?

LexBlog IP

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” Given the increase in employees working from home in recent years, the question has arisen as to whether an employee’s home office is considered a “regular and established place of business” for the purposes of

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Is the European Patent System’s New ‘Unitary Patent’ Right for You?

JD Supra Law

In the past, after prosecuting an application before the European Patent Office (EPO), the patent owner had to decide in which countries of the European Patent system to validate the European Patent.

Patent 52
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The Danger of Dark Patterns

LexBlog IP

On November 3, the Federal Trade Commission (FTC) filed a Complaint and Stipulated Order in federal court against an internet phone service provider to stop it from imposing junk fees and making it difficult for users to cancel their service. This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”).

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Door Closed On Petitioner Who Failed To Prove Analogous Art

JD Supra Law

A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination. The Chamberlain Group, LLC v. Overhead Door Corp., IPR2022-00842, Paper 9 at 37 (PTAB Oct. 25, 2022) (“Decision”).

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