Wed.Aug 10, 2022

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3 Count: Lit Appeal

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Producer Challenges Copyright Infringement Claims Over Hit Rap Song. First off today, Megan Butler at Courthouse News Service reports that the 11th Circuit Court of Appeals heard arguments in a lawsuit over the 2016 hit rap song Everyday We Lit. The case was filed by rapper Anthony Campbell against Rayshawn Lamar Bennett, Rakin Hasheem Allen, who performed on the track, as well as their record label, Think

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How to make ESG real

McKinsey Operations

While ESG is likely to evolve both in substance and name in the coming years, its underlying impulse is here to say. Here’s how companies can take a more systematic and rewarding approach to ESG.

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Cheat Seller AimJunkies Uses Subpoenas to Fire Back at Bungie

TorrentFreak

Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the Destiny 2 cheating software. AimJunkies argued that cheating isn’t against the law. In addition, it refuted the copyright infringement allegations; these lacked any substance and were ungrounded because some of the referenced copyrights were reg

Copyright 126
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A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Technology & Marketing Law Blog

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law. Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off social media entirely and ruin the Internet for adults too.

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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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Brazil’s New IPTV Anti-Piracy Blocking Plan Prepares to Bypass Judiciary

TorrentFreak

Despite taking significant action to reduce all kinds of online piracy, Brazil remains on the United States Trade Representative’s ‘ Watch List ‘ Lack of effort doesn’t appear to be the problem, however. The São Paulo Court of Justice ordered major ISPs to block file-hosting platform Mega in 2019, but within days the ruling was overturned.

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“THE” End: The Ohio State University Registers “THE” Trademark

IPilogue

Ariel Goldberg is an incoming 1L JD candidate at Osgoode Hall Law School. On June 21, 2022, the U.S. Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. However, the fashion house Marc Jacobs has a pending trademark application for an identical “THE” mark. Both “THE” marks are filed under the Class 25 under the Nice classification system, which specifies trademark protection for uses on clothing and headwear.

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More Trending

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Does ESG really matter—and why?

McKinsey Operations

Although valid questions have been raised about ESG, the need for companies to understand and address their externalities is likely to become essential to maintaining their social license.

Licensing 106
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IP.com to Exhibit at IPWatchdog Live

IP.com

September is going to be a busy month at IP.com! We’ll be exhibiting in the IP.com Innovation Lounge at the IPWatchdog Live event. If you plan to attend, stop by. The post IP.com to Exhibit at IPWatchdog Live appeared first on IP.com - IP Innovation and Analytics.

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Professor Sarnoff Provides His Perspective on Tillis Bill

JD Supra Law

Patent Docs has always ascribed to the notion that respectful debate is good for most issues, and with the adage that if you are dumb, it's best to surround yourself with smart people and if you are smart surround yourself with smart people who disagree with you.

Patent 98
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Investing in data management is a hot topic in corporate agenda

Olartemoure Blog

Worldwide, on 2022 companies are planning to invest over US$1M on privacy initiatives, resulting in the fact that companies with higher revenues tend to invest larger sums. 1. Data protection regulations applies to all companies or entities that process personal data, regardless of their size. A few years ago, one of the main reasons to include privacy matters in corporate agendas was compliance with data protection regulations to avoid fines; now, the perspective has changed, and data is cons

Privacy 98
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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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Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship

JD Supra Law

From facial-recognition technology to voice assistants and self-driving cars, artificial intelligence these days is pretty remarkable. But according to our latest case of the week, there’s at least one thing AI can’t do: be listed as an inventor on a patent application.

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IP.com to Exhibit at IPO 2022 Annual Meeting

IP.com

We’re excited to announce that we will be exhibiting at the IPO Annual Meeting this September! If you plan to attend, stop by to see an overview of our. The post IP.com to Exhibit at IPO 2022 Annual Meeting appeared first on IP.com - IP Innovation and Analytics.

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For patent protection, "it's never too late" does not apply

JD Supra Law

A recurring decision facing many businesses is how to best protect the technology it creates. One can always try to keep technology “secret,” but that is often not possible, particularly with methods or devices that will be marketed and sold to the public. Another source of protection is that afforded by a patent which, if acquired, would provide the owner the right to exclude others from practicing the patented invention — i.e., use the protected technology.

Patent 98
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Forward Thinking on progress in science funding, immigration, and biosecurity with Alec Stapp

McKinsey Operations

The co-founder and co-CEO of a new think tank, the Institute for Progress, talks about its mission to accelerate scientific, technological, and industrial progress while safeguarding the future of humanity.

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Control is Key: The Key is Control

JD Supra Law

1. Radical proposal to reform English property law - The Law Commission’s “Digital Assets: Consultation Paper” (Consultation) proposes a radical change to English law by suggesting there should be a new category of property assets labelled Data Objects for digital assets which do not seem to fit into the existing English law categories of personal property.

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Federal Circuit Snubs Applicant’s Attempt to ‘Recapture’ Ineligible Subject Matter via Reissue

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today ruled in a precedential decision that the Patent Trial and Appeal Board (PTAB) correctly rejected a patent applicant’s reissue claims as “impermissibly attempting to recapture subject matter that the patentee intentionally surrendered during prosecution.” The opinion, authored by Judge Cunningham, explained that John Bradley McDonald, who is named as the inventor on U.S.

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Federal Circuit Affirms Patent Inventors Must Be Human, Not AI

JD Supra Law

On August 5, 2022, in Thader v. Vidal, the Federal Circuit affirmed that patent inventors must be natural persons, rejecting a technologist's attempt to name an artificial intelligence as the sole inventor on patent applications.

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Trade Secrets are More Important than Trademarks, Copyrights and Patents Say R&D-Active Companies in Seldom-Cited NSF Study

IP Close Up

A National Science Foundation study released in 2021 about the value businesses place on various IP rights found that organizations that conduct significant R&D place a higher Continue reading.

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More on Professor Sarnoff's Perspective on Tillis Patent Eligibility Bill

JD Supra Law

As promised in our earlier post (see "Professor Sarnoff Provides His Perspective on Tillis Bill"), here we turn to Professor Joshua Sarnoff's thoughts on the portions of Senator Thom Tillis' (R-NC) bill regarding diagnostic method patents. Those thoughts were presented in abbreviated form in the earlier post because we did not have the space the discussion deserved.

Patent 98
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Functional Claiming Question

Patently-O

by Dennis Crouch. What do folks think of this claim that is now pending on appeal to the Federal Circuit in Steuben Foods, Inc. v. Vidal, No. 20-1083 (Fed. Cir. 2022)?: 19. A method for automatically aseptically bottling aseptically sterilized foodstuffs comprising the steps of: providing a plurality of bottles; aseptically disinfecting the bottles at a rate greater than 100 bottles per minute, wherein the aseptically disinfected plurality of bottles are sterilized to a level producing at least

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Federal Circuit Agrees With The USPTO On Inventors: Only Human, After All

JD Supra Law

The Federal Circuit made headlines when it affirmed the U.S. District Court for the Eastern District of Virginia’s holding that an artificial intelligence (AI) cannot qualify as an “inventor” under the Patent Act – only (human) “individuals” can.

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Intellectual Ventures v. HP stays in Waco

Patently-O

by Dennis Crouch. In re HP (Fed. Cir. 2022) ( non-precedential ). The Federal Circuit has denied HP’s petition for mandamus in its attempt to escape Judge Albright’s W.D.Tex. courthouse. Intellectual Ventures sued HP for patent infringement in 2021 for infringing its United States Patent No. 6,779,082. The lawsuit focuses on HP’s SimpliVity data storage solution.

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ABA Adopts Resolution Supporting Kessler Doctrine In IP Law

IP Law 360

The American Bar Association's House of Delegates has adopted a resolution supporting the use of the Kessler doctrine, which bars patent owners who have unsuccessfully sued a company for infringement from later suing that company's customers over the same products.

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Taiwan amends Copyright Act in set-up-box crackdown

IAM Magazine

The amendment aims for a hard line to be taken against illegal use of STBs, in a bid to protect copyright owners and prevent copyright infringement.

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Alice Dooms Animation App Litigation In Texas

IP Law 360

A Texas federal judge has permanently dismissed patent infringement litigation between two companies that sell apps for animating images, saying Plotagraph's five patents are invalid as abstract under the Supreme Court's Alice decision.

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Bolar-like hurdle for generics

IAM Magazine

The judgment of the Ankara IP court in a case involving a marketing authorisation application demonstrates that an exemption similar to the so-called Bolar exemption can apply to Gx pharmaceutical companies.

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9th Circ. Asked To Give Evel Knievel TM Case Another Go

IP Law 360

A company that bought intellectual property rights connected to the late stuntman Evel Knievel urged the Ninth Circuit on Wednesday to revive its trademark infringement suit against Disney over a character in "Toy Story 4" who performs motorcycle stunts while dressed in white. But the judges pointedly questioned whether viewers would actually confuse the two.

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Pfizer and Amgen fight to avoid patent cliff falls in multi-billion dollar buying sprees

IAM Magazine

With significant revenue drop-offs from existing branded products set to decline steeply in the second half of this decade, major portfolio acquisitions are a priority for both companies

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Monsanto Stole Herbicide-Resistant Plant Tech, Rival Says

IP Law 360

Monsanto Co. and Bayer Crop Science have been using a rival's genetically modified plant technology to make their own plants that produce an enzyme that is resistant to weedkillers like Roundup, according to a patent infringement suit filed Tuesday in Delaware federal court.

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Transformative Fair Use: Does Andy Warhol Qualify?

JD Supra Law

On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his classic pop art style was fair use. The case could also implicate software, specifically creative and expressive software. We examine the case and the copyright issues at hand.

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PTAB Cites Fintiv To Ax IPR Of Already Invalidated Gaming IP

IP Law 360

The Patent Trial and Appeal Board has opted to not review a mobile gaming patent that a California federal judge has already determined isn't patentable under Alice, using its discretion under the controversial Fintiv precedent to deny AviaGames Inc.'s February petition.

IP 74
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Energy & Sustainability IP Updates — August 2022

JD Supra Law

In the courts, Tigo Energy – a power optimizer manufacturer headquartered in Campbell, California – filed suit earlier this month against SMA Solar Technology America LLC in the District of Delaware, alleging that SMA and its suppliers copied Tigo’s product line of module-level shutdown units and are selling products that infringe six patents owned by Tigo.

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Considerations For Associates As Lateral Hiring Cools Down

IP Law 360

Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

Law 73
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PepsiCo wins appeal over MTN DEW RISE ENERGY trademark dispute

LexBlog IP

PepsiCo. Inc. recently convinced the U.S. Court of Appeals for the Second Circuit to throw out a preliminary injunction granted by a New York federal judge last fall that prevented PepsiCo from using MTN DEW RISE ENERGY on its canned energy drinks. [1]. In March 2021, PepsiCo launched MTN DEW RISE ENERGY featuring cans with a variety of bright colors corresponding to the flavors offered as shown below.

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Munck Wilson Picks Up $3.9M Fees For Trade Secrets Win

IP Law 360

A federal judge in Texas has ordered Renesas Electronics to pay more than $3.9 million in attorney fees to Munck Wilson Mandala LLP for its work on behalf of AMS Sensors USA Inc. in a 13-year-old trade secrets case stemming from stolen light sensor technology.