Tue.Sep 06, 2022

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3 Count: Texas Chainsaw Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The Texas Chainsaw Copyright Infringement? Bastrop County Business Sued by Film Copyright owner. First off today, Cora Neas at KXAN reports that Vortex Inc, the company that holds the copyright to the film The Texas Chainsaw Massacre, has filed a lawsuit against a rural Texas gas station that has made a name for itself as a filming location for the movie itself.

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EU Initiative Uses Blockchain and NFTs to Fight IP Infringement

TorrentFreak

To the public at large, blockchains and NFTs are often associated with volatile coins and expensive JPG files. However, beyond the major headlines, many projects in development put this technology to use in novel ways. The European Union recognized this potential several years ago. In 2017, the European Commission started exploring options to use blockchain technology to combat online piracy and counterfeiting.

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Trending Sources

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Internet Archive Says Publishers Get Lending Program Wrong

IP Law 360

The Internet Archive is doubling down on its defense that its program for a lending library of digitized books is protected by copyright law's fair use doctrine, telling a New York federal judge that the major publishers seeking to shut it down are painting an inaccurate picture of what it does.

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Indian Court Orders US Domain Registrars to Preemptively Block Pirate Sites

TorrentFreak

Website blocking and cour-ordered domain suspensions are common anti-piracy measures in several parts of the world. India has been at the forefront of this movement, with rightsholders requesting blockades of thousands of websites over the years. Last week, the New Delhi High Court issued another other, targeting 18 pirate sites including torrentcue.co, uwatchfree.be, extramovies.pics and movierulzhd.lol.

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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 Need for Cannabis Businesses to Secure Intellectual Property

JD Supra Law

With an increasing number of states legalizing the growth, sales, and use of medicinal and recreational marijuana, the cannabis industry is becoming an increasingly prevalent force in national and world markets. As the industry grows and becomes vigorously competitive, the need for cannabis entrepreneurs to adopt a strategy for intellectual property (IP) acquisition and protection also becomes increasingly important.

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Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store

Technology & Marketing Law Blog

Introduction. This case relates to “social casino apps” that simulate casino games like slot machines. Players pay real cash to buy virtual chips, which they can only use in the app, i.e., the player can never cash out their virtual chips no matter how many they win (though it may be possible to sell them out-of-app and do a virtual chip transfer to the buyer).

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250 Years of the Cromford Cotton Mill – Start of the Industrial Revolution

Christopher Roser

The Industrial Revolution is arguably the most significant change in manufacturing history. Since it was a gradual process over almost a century, the exact start and end dates are hard to pin down. However, for me one of the key dates is the start of the first cotton mill in Britain, the Cromford Cotton Mill. Read more. The post 250 Years of the Cromford Cotton Mill – Start of the Industrial Revolution first appeared on AllAboutLean.com.

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Whither the Reverse Doctrine of Equivalents

Patently-O

by Dennis Crouch. The Reverse Doctrine of Equivalents can shrink the scope of a patent to exclude acts literally covered by the claims. The Supreme Court in Graver Tank explained that the doctrine comes up to prevent abuse of the patent system: [W]here a device is so far changed in principle from a patented article that it performs the same or a similar function in a substantially different way, but nevertheless falls within the literal words of the claim, the doctrine of equivalents may be use

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The McKinsey Crossword: CollegeTry | No. 92

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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'Nirvana Baby,' All Grown Up, Waited Too Long To Sue

IP Law 360

The man who was featured naked as a baby on the cover of Nirvana's 1991 "Nevermind" album is a few years too late to claim the photograph violated federal child pornography laws, according to a California federal judge, though his lawyer plans to take the issue to the Ninth Circuit.

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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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You can’t move too fast: A conversation with Andy Penn

McKinsey Operations

As CEO of Telstra, Andy Penn reinvented the company’s product offerings, digital capabilities, overall structure, and performance. Here’s how he transformed the organization to meet the moment.

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Taylor Swift Aims To Block 'Shake It Off' IP Witnesses

IP Law 360

Taylor Swift has urged a California federal judge to stop an attorney and a professor from serving as expert witnesses in a copyright suit asserting the pop artist poached lyrics for the song "Shake it Off," saying the alleged musicologists don't have the claimed expertise.

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Best of VOC: Gen Z Explained

Velocity of Content

If you remember life before YouTube and Facebook, then you are not a member of Generation Z. Born in the mid-1990s, along with Netscape and other early graphical web browsers, members of Generation Z comprise the first generation never to live without the internet. They expect to inherit from previous generations an onerous legacy – a world in crisis over climate change, inequity, and social revolution.

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Dr. J Calls Foul On Authentic Brands' Bid To Bounce Suit

IP Law 360

Basketball legend Julius Erving II told Delaware's Chancery Court on Tuesday that brand and marketing giant Authentic Brands Group has failed to grow the "Dr. J" brand since 2016 and his lawsuit against the company should proceed in a Delaware court rather than in arbitration.

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How and When can Software be Patented? How IP law principles interact with emerging tech

IPilogue

Michelle Mao is an incoming 2L student at Osgoode Hall Law School and an IPilogue writer. The IP principle that abstract ideas cannot be patented has often been misapplied to the development of software, often boiling down to concluding software to be unpatentable. However, which parts of software are patentable, and which parts are not? The short answer is that while lines of code are not patentable, software can be patentable if it is useful and can be susceptible to commercialization.

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LeBron James, Drake Sued For IP Rights To 'Black Ice' Film

IP Law 360

The former head of the National Basketball Players Association claims that LeBron James, rappers Drake and Future, and several others with an interest in the upcoming hockey documentary "Black Ice" knowingly violated his right to develop the film.

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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed 130 of the 139 Section 2(d) refusals on appeal. How do you think these three recent appeals came out? [Results in first comment]. In re Hyundai Motor Company , Serial Nos. 88599435 and 88599451 (August 26, 2022) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of the mark HYUNDAI CARPAY for, inter alia , software and SAAS for "for in-vehicle simple payments" [CARPAY disclaimed], in view of the registered mark CARPAY "software as a

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Practical E-Discovery Lessons From The Alex Jones Case

IP Law 360

The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

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Patent Law and the False Claims Act.

Patently-O

by Dennis Crouch. U.S. ex rel Silbersher v. Allergan, Inc. , 21-15420, — F.4th — (9th Cir. Aug. 25, 2022) [ 21-15420 ]. Zachary Silbersher is a NY Patent Attorney. In 2018, Silbersher filed a qui tam action against Allergan under the False Claims Act (FCA). The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices.

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Samsung Wants Former In-House Atty DQ'd From Patent Suit

IP Law 360

Samsung has asked a Texas federal judge to disqualify its former top in-house intellectual property attorney from participating in a suit over smart speaker technology being pursued by the lawyer's new patent-rights venture.

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Creator Spotlight with Musician Ademir Monteiro

Copyright Alliance

This week we’d like to introduce you to musician Ademir Monteiro. Follow Ademir on Instagram @ademirmakesmusic. Also, be sure to listen to his new album which comes out on September 9. What was […]. The post Creator Spotlight with Musician Ademir Monteiro appeared first on Copyright Alliance.

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PTAB Institutes IPRs of Tocilzumab Patents Challenged by Celltrion

LexBlog IP

On August 31, 2022, the PTAB instituted two inter partes reviews of Chugai and Roche’s tocilizumab patents challenged by Celltrion, adding to the growing list of IPRs instituted against the tocilizumab patent estate. We have been tracking the IPRs instituted against tocilizumab-related patents (see our last post, PTAB Institutes Sixth IPR – Big Molecule Watch – Big Molecule Watch ).

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Exchange Co. Wants Nasdaq Trade Secrets Suit Tossed

IP Law 360

A securities exchange holding company says that a New Jersey federal judge should toss the remaining trade secrets allegations in a suit from Nasdaq Inc., saying the claims should face the same fate as now abandoned patent allegations in the case.

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[Audio] Highway to NIL Podcast Series: NCAA Guidance on NIL

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

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Bang's Super Sales Aren't Tied To 'Super Creatine,' Exec Says

IP Law 360

The top marketing executive at Vital Pharmaceuticals Inc. — who is also the wife of its CEO — on Tuesday told a California federal jury hearing false advertising claims brought by Monster Energy Co. that "super creatine" in the company's Bang energy drink is not important to the beverage's success.

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Still Chasing A Buck?

JD Supra Law

Just over a year ago, on August 24, 2021, Spencer Elden sued the band Nirvana and related parties for child pornography for publishing his image on the cover of Nirvana’s iconic 1991 Nevermind Album.

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Commerce Releases CHIPS Implementation Strategy

IP Law 360

The U.S. Department of Commerce is advising companies pursuing the $50 billion in funding appropriated under the CHIPS and Science Act to scale up, get investors, and collaborate in order to win assistance, according to its strategy document released Tuesday.

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Still Chasing A Buck?

LexBlog IP

Still Chasing A Buck? Posted on September 4, 2022. Just over a year ago, on August 24, 2021, Spencer Elden sued the band Nirvana and related parties for child pornography for publishing his image on the cover of Nirvana’s iconic 1991 Nevermind Album. The Complaint alleged child pornography (18 USC 2255(a).and 1595), Negligence, violation of Cal.

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Harper Trucks Inc. Sues Competitor for Alleged Patent Infringement

Indiana Intellectual Property Law

Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940. Harper advertises to be the world’s largest manufacturer of hand trucks. Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities. The Defendant, Gleason Industrial Products Inc.

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Adhering to Licensing Terms for a Medication Adherence Scale

BYU Copyright Blog

In late July of 2022, MMAS Research ("MMAS") filed a Complaint against the University of Wolverhampton ("Wolverhampton"), Morisky Medication Adherence Research LLC ("MMAR"), Donald Morisky, Philip Morisky, and several unknown or unidentified individuals. This is yet another in a series of suits that MMAS has brought against various institutions for misuse of intellectual property.

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Guilhem Seronie-Doutriaux

Herbert Smith Freehills

Profile Picture : First Name : Guilhem. Last Name : Seronie-Doutriaux. Job Title : Senior Associate. Phone Number : +33 1 53 57 13 59 +33 1 53 57 13 59. Email : Email guilhem.seronie@hsf.com. Français.

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EU Bans Illumina's $8B Acquisition Of Grail

IP Law 360

The European Union's antitrust watchdog on Tuesday banned DNA sequencing giant Illumina's $8 billion reacquisition of medical testing company Grail Inc., indicating that it will order the companies to unwind the completed deal to protect competition for new cancer screening tests.

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The rise of the Unified Patent Court system in Europe

Garrigues Blog

The entry into force of the Unified Patent Court is one step closer. European patent owners will soon have a new Court with jurisdiction over lawsuits involving patents. After a bumpy path since the enactment of European Regulation 1257/2012 of 17 December 2012 almost 10 years ago, implementing enhanced cooperation in the area of the creation of unitary patent protection (Unitary Patent Regulation), authorized by Decision 2011/167/EU, and 9 years on from the Agreement on a Unified Patent Court (

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MVP: Debevoise & Plimpton's David Bernstein

IP Law 360

David Bernstein, the head of Debevoise & Plimpton LLP's intellectual property litigation group, led H&R Block and Fox Sports to victories in high-stakes trademark litigation, earning the bicoastal attorney a spot as one of Law360's 2022 Intellectual Property MVPs.

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IP issues for photographers

Likelihood of Confusion

Bill Heinze has a great item linking to an article on the World Intellectual Property Organization website called “Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and. The post IP issues for photographers appeared first on LIKELIHOOD OF CONFUSION™.

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