Tue.Aug 09, 2022

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Academic Influence Releases Free Tool to Detect Ghostwriting

Plagiarism Today

Recently, the website Academic Influence, best known for its custom college ranking tool , released a free tool that it says can help instructors detect ghostwritten content. The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. The two works are then put through roughly a dozen different tests, each that produce quantifiable results that can be compared between each other.

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Examples of Great Branding

Erik K Pelton

What branding lessons can be gleaned from other successes? In this episode, Erik shares several great examples of such branding lessons and how they might help boost your branding. The post Examples of Great Branding appeared first on Erik M Pelton & Associates, PLLC. What branding lessons can be gleaned from other successes? In this episode, Erik shares several great examples of such branding lessons and how they might help boost your branding.

Branding 147
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3 Count: Settled Again?

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Charter Settles Piracy Liability Lawsuits With Major Record Labels. First off today, Ernesto Van der Sar at Torrentfreak writes that internet service provider Charter Communications has reached a second settlement with the major record labels over allegations that it failed to do enough to stop piracy on its service.

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Netflix Piracy Thrives as Subscribers Rethink Their Streaming Subscriptions

TorrentFreak

As the first major legal subscription streaming service on the Internet, Netflix paved the way for a streaming revolution. The company began competing with piracy from the get-go, branding itself as a superior alternative. In the early years, the strategy paid off. Millions of subscribers switched from casually consuming pirated content on unlicensed platforms in favor of a convenient and reasonably-priced legal alternative.

Marketing 145
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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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Where delegation fails: Five things only the enterprise CEO can do to build new businesses

McKinsey Operations

Business building is increasingly important for company resilience, and CEOs are uniquely suited for the job. Here are five tasks that CEOs can undertake to build successful new businesses.

Business 121
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Win for Photographer in Ninth Circuit Reversal of Fair Use Finding

IP Watchdog

On August 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in McGucken v. Pub Ocean Ltd. that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019.

Fair Use 119

More Trending

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Notes on CSUSA’s Breaking News Series: Supreme Court of Canada Rules on “Making Available”

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. I recently attended the Copyright Society of the USA’s event, “Breaking News Series: Supreme Court of Canada Rules on ‘Making Available’” , which featured IP Osgoode’s own Professor David Vaver alongside Professor Ysolde Gendreau from the University of Montreal in a discussion regarding the Supreme Court of Canada’s recent decision in Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) v Enterta

Music 106
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Intellectual Property Bulletin - Summer 2022

JD Supra Law

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? 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.

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How Prince and Warhol Got to the Supreme Court

Velocity of Content

When in Pittsburgh several years ago, I visited the Warhol museum on a whim. I knew a bare minimum about him, but my trip to the museum immersed me in a whole world of Warhol that included a panoply of works from installation art to his more iconic pieces. One work , which I had not previously known about, consisted of a black room with silvery balloons moved by fans this way and that.

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INVENTORS, NOT AI-VENTORS: The Patent Act Requires an “Inventor” to Be a Natural Person

JD Supra Law

Before Moore, Taranto, and Stark. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot be an inventor. Thaler filed two patent applications with the PTO listing DABUS, an AI system, as the sole inventor.

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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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Four ways to achieve pricing excellence in retail marketplaces

McKinsey Operations

Sellers typically control what retail marketplaces charge for their products, but retailers have options to keep pricing competitive—and customers loyal.

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Oprah Winfrey's Co. Seeks To Harpoon 'Oprahdemics' TM

IP Law 360

Oprah Winfrey's company filed a trademark infringement suit Tuesday in New York federal court against the team behind the "Oprahdemics" podcast, arguing the program wrongfully incorporates the media icon's trademarks and misleads consumers into thinking Winfrey is affiliated with the podcast.

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Making financial services available to the masses through AI

McKinsey Operations

WeBank CFO Arthur Wang discusses how the company balances innovation, technology, and compliance to move itself forward.

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Manufacturing in a War Zone – Part 1

Christopher Roser

Running smooth operations is difficult enough in peacetime. But it becomes much trickier if you are located in an area experiencing an active armed conflict. Yet, there are many active armed conflicts on the world, like Ukraine, Myanmar, Afghanistan, and others, many of which have been ongoing for decades. I have put together some of. Read more. The post Manufacturing in a War Zone – Part 1 first appeared on AllAboutLean.com.

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One CEO’s journey to becoming a business builder

McKinsey Operations

In this interview, Patrick Hylton, CEO of NCB Financial Group, shares his experience launching a digital mobile-payments business and what it takes to succeed.

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Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

IP Law 360

Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

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Thinking differently about talent in a tighter labor market

McKinsey Operations

In such a tight hiring market, companies need more emphasis on retaining and developing their own employees, writes McKinsey Global Institute director Kweilin Ellingrud in Forbes.

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UMG Wants Bang Energy Sanctioned For Deleting Videos

IP Law 360

Universal Music Group asked a Florida federal court Tuesday to sanction energy drink maker Bang Energy for deleting social media videos that used copyrighted music despite requests to preserve them and orders to compel their production in UMG's infringement suit.

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USPTO Lawyer Explains Divergence from CAFC on Eligibility

IP Watchdog

June Cohan, Senior Legal Advisor in the Office of Patent Legal Administration at the U.S. Patent and Trademark Office (USPTO) today explained to attendees of an event about the Office’s patent eligibility guidance that there are no plans to revise the guidance in light of the denial of certiorari in American Axle. She also acknowledged several areas of “divergence,” or “outlier cases,” between the USPTO and the U.S.

Patent 69
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Anti-Abortion Activists Ask 9th Circ. To Nix Videos Injunction

IP Law 360

Anti-abortion activists who secretly video recorded conversations with abortion providers at two conferences urged the Ninth Circuit on Tuesday to lift an injunction preventing the footage from being shown, while the National Abortion Federation argued the defendants waived any free speech rights by signing confidentiality agreements before entering the gatherings.

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CAFC Denies HPE Mandamus Petition for Transfer from Texas to Massachusetts

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Hewlett Packard’s petition for a writ of mandamus ordering the U.S. District Court for the Western District of Texas to transfer its case to Massachusetts. Intellectual Ventures (IV) sued Hewlett Packard Enterprises (HPE) in the Western District of Texas, alleging infringement of a patent directed to data storage solutions assigned to IV.

Patent 69
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Effort To DQ Judge In Hoverboard Case Won't Fly At Fed. Circ.

IP Law 360

The Federal Circuit on Tuesday turned down a legal effort by hoverboard manufacturers to disqualify a Chicago federal judge for "a preconceived bias" against "foreign entities" in a design patent infringement suit launched by a Chinese hoverboard manufacturer.

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Federal Circuit Patent Watch: The Patent Act defines “inventor” as limited to natural persons

JD Supra Law

Precedential Federal Circuit Opinions - REALTIME ADAPTIVE STREAMING LLC v. NETFLIX, INC. [OPINION] (2021-1484, 2021-1485, 2021-1518, 2021-1519, July 27, 2022) (Newman, Reyna, and Chen) - Chen, J. Affirming district court decisions regarding award of attorneys’ fees pursuant to inherent equitable powers. Following certain adverse patent eligibility rulings in the District of Delaware, plaintiff voluntarily dismissed its Delaware litigation and rebooted the same litigation by filing new.

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Can China’s 115-Point Plan Turn it Into the ‘Powerful Intellectual Property Country’ it Aspires to?

IP Close Up

Earlier this year China issued a detailed “Outline for Building a Powerful Intellectual Property Country.” It is an impressive document which needs to be taken Continue reading.

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Author Talks: 25 million … and counting

McKinsey Operations

Despite life-threatening circumstances, refugees are some of the most entrepreneurial people in the world. Andrew Leon Hanna knows why.

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Colorado Poised to Further Restrict Post-Employment Restrictions

Trading Secrets

On August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased scrutiny of post-employment restrictions and adds Colorado to the growing list of states that restrict the use of out-of-state choice of law and forum provisions in agreements that contain such restrictions.

Law 59
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Commercializing Your Startup's Big Secret Without Losing Its Value (Part 2)

JD Supra Law

In our first post, we discussed the scope of trade secret protection, as well as how a trade secret is established and enforced. In this second post, we discuss trade secret “hygiene” – that is, best practices for maintaining trade secret protection over time.

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Novartis En Banc and Amicus Support

Patently-O

by Dennis Crouch. The Federal Circuit is now considering a pending en banc petition in Novartis Pharm. Corp. v. Accord Healthcare, Inc., Docket No. 21-1070; petition from 38 F.4th 1013 (U.S. Fed. Cir. 2022). The case involves a negative limitation added to a drug treatment method claim during prosecution, and substantive question on appeal is whether the claim limitation lacks written description support.

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Latest Federal Court Cases - August 2022 #2

JD Supra Law

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings of law professors, students, and legal theorists everywhere: whether artificial intelligence software can be listed as an inventor on a patent application.

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Precedential No. 19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia

The TTABlog

Every five years or so, like clockwork, the Board decides a Section 2(b) case. This time it affirmed refusals to register the two proposed marks depicted below, for various governmental services (e.g., maintaining parks and libraries), on the ground that they constitute insignia of a governmental entity, i.e., a "municipality." The Board rejected the argument that Orange County is not a municipality, and also rejected the argument that because Orange County already has an "official" seal, these

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Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

JD Supra Law

???????On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person.”.

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Colorado Poised to Further Restrict Post-Employment Restrictions

Trading Secrets

On August 10, 2022, Colorado’s new statute further restricting non-competition and non-solicitation provisions becomes effective. The new law, which passed earlier this year, continues Colorado’s trend toward increased scrutiny of post-employment restrictions and adds Colorado to the growing list of states that restrict the use of out-of-state choice of law and forum provisions in agreements that contain such restrictions.

Law 52
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Seven steps to secure and safeguard US patents for AI-assisted inventions

IAM Magazine

The Federal Circuit’s recent Thaler v Vidal ruling may create opportunities for accused infringers to challenge the validity of rights that claim inventions obtained, even in part, through such systems

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Prosecution Pointer 341

LexBlog IP

A consideration when filing international at, e.g., the PCT, is whether a contracting state has national legislation which restricts the filing of international applications with patent offices for reasons of national security. The International Bureau is aware of filing restrictions for reasons of national security in the following PCT Contracting States here.

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Herbert Smith Freehills advises sponsors on Linmon Media's Hong Kong IPO ??????????????????????????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Morgan Stanley and China International Capital Corporation as joint sponsors and underwriters of Linmon Media Limited (09857.HK)’s mainboard listing on the Stock Exchange of Hong Kong. Linmon Media, which listed on 10 August 2022, produces and distributes Chinese television drama series, and provides content marketing, derivative licensing and overseas distribution services.