Mon.May 23, 2022

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Audi and the Challenge of Cross-Media Plagiarism Detection

Plagiarism Today

Over the weekend, the German carmaker Audi became the center of a massive plagiarism controversy as a new video campaign was accused of ripping off content from a prominent Chinese video blogger. The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar.

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Trademark Protection for eSports and Gamers

Erik K Pelton

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. The world of gaming has come a long way since my Atari 2600 and my addiction to Donkey Kong and Adventure and other, at the time, seemingly amazing games. The graphics, sound, and depth of the stories compared to what is out there now obviously pales in comparison.

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3 Count: Bright House

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Records Labels and ISP Seek Summary Judgments in Piracy Lawsuit. First off today, Ernesto Van der Sar at Torrentfreak writes that both the internet service provider Bright House and the record labels suing it have filed motions for summary judgment, hoping to bring an early end to the lawsuit.

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Supply chains: To build resilience, manage proactively

McKinsey Operations

Supply chain upheavals show little sign of abating. Companies can address them by reconsidering outdated, short-term strategies and beginning the hard work of building structural resilience.

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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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The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

SpicyIP

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The post is co-authored by Akshat Agrawal and Sangita Sharma. Sangita is a 3rd year student at Gujarat National Law University and has written for us earlier here. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts.

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Board of Appeal agrees that the description amendment requirement lacks legal basis (T 1444/20)

The IPKat

Following the excitement over T 1989/18 , there has been a second Board of Appeal decision finding a lack of legal basis for the requirement to amend the description in line with the claims. The decision in T 1444/20 found that it was not necessary for the applicant to delete claim-like clauses and redundant subject matter from the description, given that the claims were clear without need for recourse to the description.

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Can a slogan be protected by copyright? The recent stance of the Italian Supreme Court

Kluwer Copyright Blog

Photo by S. Hermann & F. Richter via Pixabay. An interesting case recently decided by the Italian Supreme Court ( Corte di Cassazione ) has focused on whether the slogan “ 500% FIAT ” can be protected by copyright (decision No. 8276/2022, published on 14 March 2022). The dispute was started by the author of the slogan against the Italian carmaker FIAT.

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Bungie Takes Another Shot at Cheat Seller AimJunkies in Court

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 software. The parties initially entered settlement negotiations but the process was derailed when the video game maker moved for a default judgment.

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This Week in Washington IP: Risks and Benefits of a U.S. Central Bank Digital Currency, Supporting the Technology Modernization Fund, and Reviewing the Planetary Science and Astrobiology Decadal Survey

IP Watchdog

This week in Washington IP news, the House Financial Services Committee explores the risks and benefits of any central bank digital currency that could potentially be adopted by the Federal Reserve, the House Space and Aeronautics Subcommittee reviews the most recent Planetary Science and Astrobiology Decadal Survey and its recommendation to send a robotic mission to the planet Uranus, and the House Government Operations Subcommittee looks at ways to support the Technology Modernization Fund for

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Québec’s Bill 96: Implications of the French language law for trademark owners

JD Supra Law

Nearly one year ago, on May 26, 2021, the Québec provincial government introduced Bill 96, An Act respecting French, the official and common language of Québec (Bill 96). In short, Bill 96 is intended to significantly overhaul and strengthen the Charter of the French Language in Québec to further recognize French as the province’s only official language.

Law 101
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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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Prior Art Valuations and Patent Scoping

IP.com

Valuing a patent is a multidisciplinary endeavor that incorporates legal, economic, and technical perspectives. Receiving full value on a patent is an important step for many companies and inventors who. The post Prior Art Valuations and Patent Scoping appeared first on IP.com - IP Innovation and Analytics.

Art 98
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PTO’s Handling of Patent Eligibility for Blockchain Applications

JD Supra Law

After reviewing the First District court case on 35 U.S.C. 101 for a blockchain patent, we wanted to check in and see how the U.S. Patent and Trademark Office (PTO) has been handling blockchain-related patent applications. In particular, over the past year, the Patent Trial and Appeal Board (PTAB) has issued several decisions on appeals of examiner rejections of blockchain patents under Section 101.

Patent 101
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SCOTUS IP Update: Status of the Top Patent Cases Before the High Court This Term

IP Watchdog

With about one month left in the U.S. Supreme Court’s current term, several petitions for writ of certiorari in patent cases being appealed from the U.S. Court of Appeals for the Federal Circuit remain pending in front of the nation’s highest court. Several of these petitions raise important questions on Section 101 patent eligibility jurisprudence in the wake of Alice Corp. v.

Patent 88
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Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Substantive Preliminary Motion No. 1 in Interference No. 106,133

JD Supra Law

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Substantive Preliminary Motion No. 1 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board (PTAB) to substitute the interference Count, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208(a)(2).

Patent 98
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IFRS 9 models in financial instruments and impairment regulations: The new reality and lessons learned

McKinsey Operations

Banks need to evolve International Financial Reporting Standard (IFRS) 9 models quickly—and those that get it right will have more than just a competitive advantage.

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Patent Enforcement in the Cannabis Industry – Litigation Heats Up as Competitors Jockey for Market Position

JD Supra Law

The buzz of the cannabis industry has brought with it significant competition. The “green rush” of legalization produced a small group of legitimate competitors in both the consumable and pipe spaces. It is no surprise, then, that innovative companies protected their technology and did everything they could to box out their competition. The industry can expect more of the same as competitors fight for market share in a business ripe for explosion.

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Day One of Patent Litigation Masters: We Must Become Ambassadors for the U.S. Patent System Again

IP Watchdog

Speakers on day one of IPWatchdog’s Patent Litigation Masters program acknowledged that it’s easy for patent owners to become frustrated and disconsolate about how far the pendulum has swung away from encouraging effective patent protection but urged attendees to continue speaking up. As program sponsor and co-chair David Henry of Gray Reed put it, “I think we all have to become ambassadors for the patent system.

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Bias Busters: When the crowd isn’t necessarily wise

McKinsey Operations

Leaders need to recognize herd mentality when it happens—and explore the contrarian view to help break the spell.

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TTAB Upholds Rejection of Specimens for "IT'S ABOUT THE FABRICS" for Performance Fabrics

The TTABlog

The Board affirmed the USPTO's refusal to register the proposed mark IT'S ABOUT THE FABRICS for performance fabrics, finding that on applicant's specimens of use the phrase refers to a component of clothing rather than to fabric offered by itself. Moreover, applicant's website specimens of use were not acceptable because they provided only a means of getting information about applicant’s clothing items and not a means for ordering its fabrics.

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Series 3 of the @ArtistRights Watch Podcast is here! Nik Patel, @DavidCLowery, @MusicTechPolicy and @KCEsq Discuss The Future of Frozen Mechanicals — Artist Rights Watch

The Trichordist

Nik Patel, David Lowery, and Chris Castle are joined by attorney Kevin Casini to talk about the latest with the Copyright Royalty Board and mechanical rates in the Phonorecords IV proceeding and discuss alternatives so songwriters are better represented at the CRB compared to the status quo. .

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Comcast Can Tell Jury About Noninfringing Guide Alternatives

IP Law 360

A federal judge in Florida on Monday will allow Comcast Cable Communications LLC to argue before a jury that its Xfinity brand could have possibly designed around a patent that purports to cover the interactive programming guides at the very heart of Comcast's business, rejecting an online television streaming company's bid to block that argument.

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Associate Dan Wade Authors Article for Bloomberg Law “Preparing For Your First Pro Bono Oral Argument”

Fish & Richardson Trademark & Copyright Thoughts

Preparing for your first oral argument can be terrifying, especially as a first-year associate. It is easy to fixate on all the things that could go wrong. This is especially true when the representation is pro bono and in a matter where the health and safety of your client is at stake. It is natural to be afraid of oral arguments when you have never done one before.

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Catching Up With Delaware's Chancery Court

IP Law 360

This is the final full work week for Vice Chancellor Joseph R. Slights III, who retires on June 1. Law360 sat down with the 58-year-old vice chancellor to talk about his 18 years as a Delaware judge and what he expects to do next.

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Patent Case Management Goes Cross-Institutional and Global

Patently-O

Guest post by Peter S. Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. District judges managed these cases based on their general litigation background, which rarely extended to patent cases.

Patent 67
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Juror's Post Won't Be VLSI's Kryptonite In $2B Win Over Intel

IP Law 360

Intel's attempt to discredit a jury member who made a Lex Luthor-themed Facebook post in the middle of a computer chip patent trial where the tech giant lost more than $2 billion to VLSI is based entirely on speculation, U.S. District Judge Alan Albright said in an 8-month-old order unsealed Monday.

Patent 75
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Irell litigator has a long track record of nine-figure patent verdicts

IAM Magazine

USAA's recent $218.5 million verdict against PNC Bank is just one of the recent hundred-million dollar awards racked up by Irell & Manella partner Jason Sheasby, exclusive Docket Navigator data shows.

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NY Ruling Correctly Deems Legal Finance Docs Irrelevant

IP Law 360

A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

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Trial Scheduled for April 2024 in BMS Patent Case Against AstraZeneca Regarding Anti-PDL1 Antibodies

JD Supra Law

The District of Delaware has issued a scheduling order, setting a trial for April 2024, in Bristol Myers Squibb’s (BMS) patent case against AstraZeneca. BMS filed its complaint against AstraZeneca on March 17, 2022, alleging infringement of eight patents related to anti-PD-L1 antibodies.

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Trial Scheduled for April 2024 in BMS Patent Case Against AstraZeneca Regarding Anti-PDL1 Antibodies

LexBlog IP

The District of Delaware has issued a scheduling order , setting a trial for April 2024, in Bristol Myers Squibb’s (BMS) patent case against AstraZeneca. BMS filed its complaint against AstraZeneca on March 17, 2022, alleging infringement of eight patents related to anti-PD-L1 antibodies. According to BMS, the case “relates to groundbreaking treatments for cancer” using anti-PD-L1 antibodies that bind to PD-L1 (programmed death ligand 1) and serve as “checkpoint inhibitor

Patent 52
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Scientology Cult Returns to its IP-Abusive Ways

Likelihood of Confusion

Long Island (New York’s) Newsday newspaper reports that the wackos at Scientology have tried to shut down a website called Scientomogy.com which mocks the cult’s name along with cult member. The post Scientology Cult Returns to its IP-Abusive Ways appeared first on LIKELIHOOD OF CONFUSION™.

IP 52
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Publishing & Antitrust

Velocity of Content

On May 15, as part of the 2022 BIO Conference , cosponsored with the Leon Levy Center for Biography , I hosted a panel discussion on the future of publishing. In November 2020, Penguin Random House announced plans to purchase rival Simon & Schuster from Viacom CBS for more than $2 billion. Penguin Random House, the largest book publisher in the United States, is owned by the German media conglomerate Bertelsmann , a private, family-owned multinational corporation that is one of the

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Swatch Group Wins IP Dispute Over Samsung Smartwatch

IP Law 360

Samsung has infringed trademarks of some of the Swatch Group's biggest brands by allowing customers to download external apps for its smartwatch that replicate the face of the Swiss company's famous watches, a London court has ruled.

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Somebody’s Wrong: PTAB Must Resolve Conflicting Factual Testimony During IPR

JD Supra Law

GOOGLE LLC v. IPA TECHNOLOGIES INC. Before Dyk, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of determining whether a reference was prior art, the Board has an obligation to resolve fundamental testimonial conflicts.

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Kyndryl Chooses IP.com as IP Workflow Solutions Provider

IP.com

Kendryl Adds Speed and Efficiency to Their Innovation Process. The post Kyndryl Chooses IP.com as IP Workflow Solutions Provider appeared first on IP.com - IP Innovation and Analytics.

IP 52
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Irell litigator has a long track record of nine-figure patent verdicts

IAM Magazine

USAA's recent $218.5 million verdict against PNC Bank is just one of the recent hundred-million dollar awards racked up by Irell & Manella partner Jason Sheasby, exclusive Docket Navigator data shows.