Fri.Dec 16, 2022

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Recent USPTO comments highlight the extent and breadth of trademark scams

Erik K Pelton

The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses. The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. Some quotes from the USPTO comments: Specifically, scams involving the impersonation of the USPTO are prevalent, and, as a result, intellectual property owners have s

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Differential Privacy: The Big Tech Solution to Big Data Privacy

IPilogue

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The AI revolution has brought about significant concerns about the privacy of big data. Thankfully, over the past decade, big tech has found a solution to this problem: differential privacy, which actors have implemented in various ways. The technology is not limited to big tech anymore either; the U.S. government has implemented differential privacy for their 2020 census data.

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Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana

Technology & Marketing Law Blog

This case involves St. Francis High School , a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and people were angry. One SFHS student found on Spotify, and then publicized on social media, a photo of three peers that appeared to be in blackface, which the uploader said was evidence of racism at SFHS.

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The Best of the Bunch: Automated Banana Separator

JD Supra Law

Bananas, which are essentially a non-seasonal crop, are commonly found in grocery stores all around the world and at all times of the year. Bananas travel well, ripen off the plant, and stay ripe for days. However, the banana industry has a major challenge: bananas are grown in bunches but are eaten one at a time.

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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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Investing in the new era of value-based care

McKinsey Operations

Recent trends appear to make a case for investing in value-based care. Here’s why value-based models now show both the potential and propensity for growth.

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Image-Generating AI: Trends and Legal Challenges

JD Supra Law

Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are now a reality, and they come in various forms.

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Online gaming regulatory practice in France - Part 1: T&C of video game digital distribution stores

JD Supra Law

The online gaming sector is characterized by various regulatory frameworks, that may or may not overlap depending on the type of games and means of distribution. There are a number of stakeholders on the value chain (developers, publishers, platforms, streaming services, streamers, professional gaming organisations, gamers etc.) and they all face different legal challenges.

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Digital consumers in the Middle East: Rising adoption and opportunity

McKinsey Operations

The region’s consumers have embraced digital channels, and their spending is set to grow. New research highlights how companies can generate more value from this segment in the coming years.

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Treehouse Avatar LLC v. Valve Corp.: District Court Did Not Abuse Its Discretion in Striking Expert Testimony That Failed to Rely on the Court’s Claim Construction

JD Supra Law

I. Introduction - In Treehouse Avatar LLC v. Valve Corp., the Federal Circuit affirmed the Western District of Washington’s decisions to (i) strike portions of an expert report that failed to apply the parties agreed upon claim construction and (ii) grant summary judgment of noninfringement. This recent decision highlights the importance of ensuring that experts adhere to a court’s claim construction.

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How much do personal injury lawyers charge in Ontario?

Nelligan Law

Reading Time: 2 minutes. Personal injury lawyer charges explained Most personal injury lawyers charge contingency fees. This means that the lawyer does not get paid until the file settles or comes to an end at trial. If the client loses her case, the lawyer will not charge the client for her services. In simple terms, a contingency fee retainer means we do not get paid unless you do.

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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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Additional Considerations on IP Due Diligence for Prospective Investors of Emerging Life Sciences Companies

JD Supra Law

Following our first article on IP due diligence considerations for prospective investors of emerging life sciences companies, we’re taking an in-depth look at the due diligent action items that can help with decision-making and risk-assessment calculations for a potential investor.

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Planning for 2023: How US-based businesses can succeed when capital and talent are constrained

McKinsey Operations

The Great Recession demonstrated the value of capital discipline. As interest rates are staying higher for longer, US-based leaders can put those lessons to work.

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AI Trends For 2023 - AI Technology Leads Patent Filing Growth

JD Supra Law

The prevalence and power of AI technologies are rapidly expanding, both at the captivating cutting-edge of creative AI models like the DALL-E image generator and the ChatGPT chatbot, and in the increasing pervasiveness of household and industrial applications of AI systems like autonomous vehicles and intelligent virtual assistants.

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Why Cellect’s Federal Circuit case is one to watch

Managing IP

A Cellect victory could make continuations more appealing, while a loss could create challenges for litigators, say sources.

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Collateral estoppel in IPR proceedings requires that the issues of patentability be identical, not that the patent claims need to be identical

JD Supra Law

Precedential Federal Circuit Opinions - 1. GOOGLE LLC v. HAMMOND DEVELOPMENT INTERNATIONAL, INC. [OPINION] (21-2218, 12/8/2022) (Moore, Chen, and Stoll) - Moore, Chief J. Reversing in part and affirming in part final written decision of Patent Trial and Appeal Board holding that petitioner failed to prove certain challenged claims would have been obvious.

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To regionalize or not? Optimizing North American supply chains

McKinsey Operations

Companies have much to consider when deciding whether to relocate all or part of their production and supply chain footprints to meet North American market needs.

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The IPKat team: arrivals, farewells, and news

The IPKat

Every now and then, The IPKat team welcomes new contributors, says thanks and goodbye to existing contributors, and shares some news concerning the Kats. Let’s find out more! GuestKats The IPKat is delighted to welcome the following as new GuestKats for the next six months. Anna Maria Stein – Anna Maria is an Italian-qualified lawyer and has been practising IP for over 20 years.

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How people and organizational moves can power up energy firms in 2023

McKinsey Operations

A shifting landscape means energy companies need to rev up —and people and organizational topics are at the heart of firms that are successfully navigating the road ahead.

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Increasing Law Firm Polarization Will Degrade Rule Of Law

IP Law 360

As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

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Wood Art: Growing Your Collection of this Ancient Artform

Art Law Journal

From humble roots to intricate veneers, build your knowledge of woodworking and adorn your space with contemporary wood art.

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Hasbro Unit Loses Bid To Stop Game Rival In IP Suit

IP Law 360

A federal magistrate judge has shot down a request by Hasbro Inc. unit Wizards of the Coast to block a tabletop fantasy game from the market, noting that the game's maker has already said it wouldn't release any game until after the intellectual property case is done.

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German e-health offerings expand, but adoption remains uneven

McKinsey Operations

The e-Health Monitor 2022 for Germany shows increased adoption of the telematics infrastructure and of several citizen-focused digital offerings, but a lag in the use of electronic patient records and an uncertain outlook for e-prescriptions.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen Italian motorsport team Prema Racing speed into a claim against the Bank of Scotland, a team of Swiss attorneys begin legal action against a Russian refinery and Sberbank, and Jones Day sued by a professional investor over surveillance carried out by German payments company Wirecard. Law360 looks at these and other new claims in the U.K.

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Illinois court finds insurance coverage for alleged trade dress infringement

43(B)log

State Farm Fire & Cas. Co. v. Advanced Inventory Management, Inc., No. 1-22-0662, 2022 IL App (1st) 220662-U (Ill. Ct. App. Dec. 15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

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The Biggest Copyright Rulings Of 2022

IP Law 360

The U.S. Supreme Court laid out when copyright registration errors can be excused in a decision reviving an infringement verdict against fast-fashion giant H&M, while the Ninth Circuit was left unimpressed by alleged similarities between a Christian rapper's song and Katy Perry's "Dark Horse." Here are Law360's picks for the top copyright rulings of 2022.

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The future of US manufacturing is hiding in plain sight

McKinsey Operations

In the United States, the glory days of manufacturing could once again be possible. Industrial tech companies, get ready for your close-up.

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Fendi, Marc Jacobs Hit With TM Suit Over 'Roma' Logo

IP Law 360

Fendi and Marc Jacobs have been hit with a trademark infringement suit in California federal court filed by a clothing and costume company that accuses the high-end fashion companies of copying its "Roma" trademark.

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Throwing some Chill back on WDTex

Patently-O

by Dennis Crouch. I posted yesterday about changes in W.D.Tex. distribution of patent cases under the lead “ Waco may be Heating Up Again this Winter.” I noted a new order from Judge Garcia that seemed to implicitly distribute Waco patent cases back to Judge Alan Albright. I also noted initial statistics for December 2022 showing the vast majority of Waco cases being assigned to Judge Albright.

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Keating Muething Adds Member In Cybersecurity, IP Groups

IP Law 360

Cincinnati law firm Keating Muething & Klekamp PLL, also known as KMK Law, has added a new member in its cybersecurity and intellectual property groups, the law firm said.

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Judge Lehrburger Recommends Deferring Claim Construction Until Full Record is “Graspable”

JD Supra Law

What does it mean for a handle of a massage device to be “graspable”? We do not yet know. In Therabody, Inc. v. Tzumi Electronics LLC, No. 21-CV-7803, 2022 BL 425916 (S.D.N.Y. Nov. 28, 2022), Magistrate Judge Lehrburger rejected one possible answer to that question, and deferred answering the question definitively until completion of the parties’ briefing on construction of the relevant patent claims.

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Brand Battles: Machine Gun Kelly's Co. Fires At 'Diablo' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, rapper Machine Gun Kelly's company is taking aim at Fox Media's request to register "Diablo" as a trademark related to an animated series — plus three other cases you need to know.

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The Briefing by the IP Law Blog: Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction

LexBlog IP

In this 100th episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo talk about a company founded by Jack Nicklaus that was awarded a preliminary injunction enjoining him from using his name, image, & likeness in commercial endorsement deals. Listen to this podcast episode here.

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Intellectual Property Law: Looking Forward to 2023

JD Supra Law

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of the most significant issues we are watching.

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FDA Accepts Biogen’s aBLA for Tocilizumab

LexBlog IP

On December 9, 2022, Biogen announced that the FDA has accepted for review an aBLA for BIIB800, Biogen’s tocilizumab biosimilar candidate. BIIB800 references Genetech’s ACTEMRA product, which is an anti-interleukin-6 receptor monoclonal antibody indicated for moderate to severe rheumatoid arthritis in adults as well as juvenile idiopathic polyarthritis and systemic juvenile idiopathic arthritis.

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[Audio] PODCAST: Williams Mullen's Trending Now - An IP Podcast: NIL – New NCAA Guidelines and State Law Implementation

JD Supra Law

In this episode of Trending Now - An IP Podcast, Amy Pruett and Rob Van Arnam look at the enactment of state legislation, particularly in VA and NC, and implementation of the NCAA Name, Image, Likeness (NIL) Policy by universities, athletes, states and collectives.

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