Tue.Mar 14, 2023

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3 Count: Suing in a Ghost Town

Plagiarism Today

The Rolling Stones sued over Living in a Ghost Town, lawsuit against Benny Blanco dropped, and Pokémon YouTubers facing copyright strikes. The post 3 Count: Suing in a Ghost Town appeared first on Plagiarism Today.

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EMP&A by the Numbers: 4000 Trademark Registrations

Erik K Pelton

This week, we reflect on some milestones, including more than 4,000 client trademark registrations at the USPTO and more than 100 five-star reviews on Google. The post EMP&A by the Numbers: 4000 Trademark Registrations appeared first on Erik M Pelton & Associates, PLLC. This week, we reflect on some milestones, including more than 4,000 client trademark registrations at the USPTO and more than 100 five-star reviews on Google.

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CAFC Sends Amazon Patent Case Back to District Court Due to Ambiguous Stipulation

IP Watchdog

The United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling Monday that vacated and remanded a district court ruling on patent infringement in a case between Amazon and AlterWAN. The circuit judges vacated the ruling, which found Amazon did not infringe on two AlterWAN patents for internet network technology. Based on two of the district court’s claim constructions, the parties entered into a stipulation of non-infringement; however, AlterWAN appealed the case

Patent 122
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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

SpicyIP

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘ Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-Universi

Patent 121
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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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Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For more background on this complex case, see this opinion. In this ruling, Dr. Thomas successfully invoked Section 230.

Blogging 117
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Recent MPEP Changes Complicate the Sticky Wicket of Restriction Thickets

IP Watchdog

The USPTO was actively working behind the scenes to revise sections of the Manual of Patent Examining Procedure pertaining to the subject of its recent Request for Comments, including policies and procedures relating to restriction, continuation, divisional, double patenting and terminal disclaimer practice. Three days after the RFC response period ended, the USPTO announced publication of a revised version of the MPEP in the Federal Register.

Editing 116

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Diversity in Intellectual Property 2023

JD Supra Law

“Women should always have a seat at the table. They bring a unique vision and voice in every situation. I have had great pleasure in meeting and working with many amazing women from all over the world who have overcome challenges through perseverance and hard work, while remaining true to their individual cultures and backgrounds.….

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Increasing Your Employees’ Copyright Awareness

Velocity of Content

Your employees and copyright awareness – sharing your policy may not be enough. Trends reported in the latest Information Seeking and Consumption Study, published by analyst firm Outsell, Inc. , shows that companies are discussing their copyright policies more frequently, leading to 74% of employees reporting awareness of those policies. However, employee behaviors are often misaligned with policy expectations.

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Catching Up On Patent Litigation With Judge Albright

IP Law 360

U.S. District Judge Alan Albright's reputation as a go-to jurist for patent owners has been left in limbo as the Western District of Texas adjusts to a rule making it harder for any one judge to amass patent suits. In a wide-ranging recent interview with Law360, the former patent litigator discusses how that rule is playing out, what jury trials have been like and why his dog has an unusual name.

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Don’t Cry Over Spilled Milk: Federal Circuit Finds Milk Vitamin Patent Invalid

JD Supra Law

In ChromaDex Inc. v. Elysium Health Inc., the Federal Circuit found U.S. Patent No. 8,197,807 (the “’807 patent”), which is directed to a dietary supplement comprising an isolated vitamin, invalid for lack of subject matter eligibility under 35 U.S.C. § 101. ChromaDex, a dietary supplement company and licensee of the ’807 patent brought a patent infringement suit against Elysium.

Patent 97
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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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Heritage Minister Pablo Rodriguez Contradicts His Own Bill and Department Officials in Effort to Defend Bill C-18

Michael Geist

Canadian Heritage Minister Pablo Rodriguez is on the defensive as he tries to defend Bill C-18 in the wake of both Google and Facebook signalling that they may remove Canadian news from search results and social media sharing in light of the government’s approach that creates mandated payments for links. Rodriguez appeared on CBC yesterday and had no answers for the questions about what he will do if the companies walk away from news given government estimates that they could be on the hook for

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Latest Federal Court Cases - March 2023

JD Supra Law

Regents of the University of Minnesota v. Gilead Sciences, Inc., Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement in the context of an anticipation analysis in the chemical arts. Specifically, it concerns whether disclosures in asserted prior art were sufficient to disclose a claimed molecular structure.

Art 96
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Neurodiversity and mental health: Celebrating difference in the IP profession

IAM Magazine

This Neurodiversity Celebration Week, Equifax IP chief Elizabeth Lester shares her personal experience and approach to working with neurodivergent innovators

IP 98
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Spinrilla Wants to Ban the Terms ‘Piracy’ and ‘Theft’ at RIAA Trial

TorrentFreak

Operating a mixtape site is not without risk. By definition, mixes include multiple sound recordings that are often protected by copyright. Popular hip-hop mixtape site and app Spinrilla , which has millions of users, is well aware of these risks. In 2017, the company was sued by several record labels, backed by the RIAA, which accused the company of massive copyright infringement.

Music 85
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When is a design dictated by its technical function?

The IPKat

Designs are meant to protect the appearance of a product or a part thereof. Patents protect technical innovations. In order to demarcate both IP rights, Art. 8(1) of EU Regulation No. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function.

Designs 86
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Driving growth through consumer centricity in healthcare

McKinsey Operations

Providing consumers with the experiences they increasingly expect and demand at every stage of the healthcare journey could substantially improve care and cost outcomes.

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High Court Bans Singer From Hitting YouTube Rival With DMCA Notices

TorrentFreak

Having developed a highly automated system that attempts to deal with huge and increasing instances of piracy, YouTube has shown it can handle copyright complaints on an unprecedented scale. Whether the next stages of development will tackle widespread abuse of the takedown system remains to be seen but the High Court of Justice, via the Business and Property Court in Birmingham, UK, hopes to reduce the volume, if only by a little.

Music 82
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Lessons in leadership: Leaning into ambiguity

McKinsey Operations

Judith Persichilli was confirmed as New Jersey’s Commissioner of Health shortly before the COVID-19 pandemic. She recently sat down with McKinsey to share her insights on leading through crisis and ambiguity.

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Jack Daniels reply brief: the horror!

43(B)log

Is in. Obviously there are many things to say about it, but I suppose the easiest is that the parade of horribles sounds kind of just like a parade (albeit perhaps a Halloween one): VIP’s logic would extend to vases mimicking Coca-Cola bottles (pretend sodas), replica toy Mercedes (pretend cars), pillows resembling Goldfish crackers or Hershey Kisses (pretend snacks), or key chains consisting of miniature Lucchese cowboy boots (pretend shoes). (1) Wonder what Ai Weiwei has to say about that firs

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Stipulated Judgment must be Unambiguous; and the Canon of Common Sense Claim Construction

Patently-O

by Dennis Crouch AlterWAN sued Amazon for patent infringement back in 2019, asserting two patents claiming claiming wide-area-network improvements. US8595478 and US9015471. As the case moved forward, the district court issued a claim construction that favored Amazon. And, at that point, the parties entered a “stipulated judgment” of non-infringement; and the Judge signed the order.

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The McKinsey Crossword: Four-Letter Award | No. 119

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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How to Establish a Qualification Matrix

Christopher Roser

The qualification matrix (also skill matrix, competence matrix, or Q-matrix, one of the few examples where Q does not stand for Quality) is a simple tool to keep track of the qualifications of your employees. It keeps track of who can do what and how well. As a tool, it is not overly complicated but. Read more The post How to Establish a Qualification Matrix first appeared on AllAboutLean.com.

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Sony Gets NY Judge To Invalidate Turntable Patent Under Alice

IP Law 360

A New York federal judge has thrown out a suit accusing Sony of infringing a turntable patent, finding that the patent wasn't valid under the U.S. Supreme Court's Alice decision.

Patent 75
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Business news to watch in 2023

McKinsey Operations

As 2023 unfolds, many feel that it’s Asia’s time to lead. What are the business news stories leaders should look out for in the year ahead?

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Ga. Artist Escapes Ginsburg Photo Copyright Suit, For Now

IP Law 360

An Atlanta federal judge on Monday threw out a photography agency's lawsuit over a Georgia artist's alleged unlicensed use of a photograph of late U.S. Supreme Court Justice Ruth Bader Ginsburg, saying the agency doesn't have standing to sue, but will allow it to rework its complaint.

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Driving growth in consumer goods through programmatic M&A

McKinsey Operations

Companies that take a programmatic approach to M&A deals outperform their peers, but this strategy requires differentiated capabilities and effective execution.

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DirecTV Files Antitrust Suit Over Nexstar Retransmission Fees

IP Law 360

Nexstar Media Group is using so-called sidecar agreements to maintain control over its divested stations and is using that power to team up against DirecTV when it comes to retransmission negotiations, according to a new lawsuit filed Tuesday.

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Federal Circuit: Known Technique Addressing Known Problem Satisfies KSR’s Motivation to Combine Analysis

IP Watchdog

On March 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Intel Corp. v. PACT XPP Schweiz AG reversing a final written decision of the Patent Trial and Appeal Board (PTAB) that found Intel had failed to show that PACT’s patent claims were invalid for obviousness. In reversing, the Federal Circuit ruled that the PTAB improperly rejected Intel’s “known technique” rationale supporting a motivation to combine prior art references under the flexible analy

Art 65
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Samsung Owes Up To $243M For Using 'S10' TM, Jury Told

IP Law 360

Samsung's use of talent management company S10 Entertainment's trademark in its marketing of the S10 Galaxy smartphone was responsible for up to $243 million in profits on sales of the devices available for disgorgement, a damages expert for S10 Entertainment told a California federal jury on Tuesday.

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IP Rights can Collateralize Business Loans; Tiny Jamaica is Trying to Make it Happen Locally

IP Close Up

The failure of Silicon Valley Bank was largely a failure to understand depositors and the viability of their assets.

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Pharma Co. Says Rival Stole Psychedelic Treatment Formula

IP Law 360

Reunion Neuroscience Inc. is suing a rival pharmaceutical company in New Jersey federal court, saying that the rival is infringing its patent for a new psychedelic treatment while claiming to have invented it first.

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Remedies for Patent, Trademark, and Copyright Infringement

CoCal IP Law Institute

Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [.

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Judge Tosses Claims Against Streaming Tech Co. In IP Case

IP Law 360

A New York federal judge has tossed antitrust, unfair competition and other counterclaims in a suit against wireless streaming technology company Amimon from a Chinese competitor over trade secrets, but also shot down Amimon's request for a preliminary injunction.

IP 75
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Lessons Creators Can Learn from the First CCB Decision

Copyright Alliance

At the end of February—about eight months after the Copyright Claims Board (CCB) opened its doors—the Board issued its very first final determination based on the merits, in the case […] The post Lessons Creators Can Learn from the First CCB Decision appeared first on Copyright Alliance.

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What To Expect From A Litigation Finance Industry Recession

IP Law 360

There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.