Fri.Apr 21, 2023

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Legit Torrents Shuts Down After 17 Years

TorrentFreak

Over the years, we have reported on the demise of hundreds of torrent sites. Many of them folded due to legal pressure. This week yet another site bites the dust; one that has been around since 2005, when the likes of TorrentSpy and Mininova ruled the scene. While those two giants would eventually succumb to legal pressure, Legit Torrents kept on going.

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Newman Strikes Back in Letter Calling for Moore’s Investigation to be Transferred

IP Watchdog

The New Civil Liberties Alliance (NCLA), the firm representing U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman in CAFC Chief Judge Kimberly Moore’s bid to oust her from the court, sent a letter today to the CAFC Chief Judge calling for the case to be transferred to a new circuit. The letter charges that Moore has ordered that no new cases be assigned to Newman, that the complaint Moore identified against her “contains basic errors of fact”, and that Newman was not affor

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CJEU rules that broadcasting music on a plane or train is a communication to the public, but installing relevant equipment isn’t

The IPKat

Is it an act of communication to the public under Article 3 of the InfoSoc Directive to broadcast music on board of a train or a plane? And what about installing equipment allowing the subsequent broadcasting of music? After hotel rooms , spas , rehabs , dentist waiting rooms , and rental cars , yesterday it was time for the Court of Justice of the European Union (CJEU) to answer these vexed questions with reference to such transport means.

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Green growth: Unlocking sustainability opportunities for retail banks

McKinsey Operations

A recent McKinsey survey shows broad, unmet consumer demand for climate-linked financial products—but will financial institutions provide the education consumers require and the differentiated offerings needed to win this space?

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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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US Patent Office Launches Green Energy Award

JD Supra Law

On March 6, 2023, the U.S. Patent and Trademark Office (USPTO) announced the addition of a new category for its Patents for Humanity Awards Program: Green Energy. The Green Energy category accepts any U.S. patent or patent application directed to green energy technologies, such as wind, solar, green hydrogen, hydropower, geothermal, and biofuel technologies.

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Operational excellence: How purpose and technology can power performance

McKinsey Operations

Next-generation operational excellence is more than doing things well. It’s about uniting an organization around a common purpose, process, and systems.

More Trending

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In London, Publishing Confronts AI

Velocity of Content

At the London Book Fair on Tuesday, HarperCollins CEO Brian Murray made a keynote appearance in conversation with David Roche, an industry consultant in the UK. “Murray confirmed that, after two unprecedented years of growth during the pandemic, the book business is coming back to Earth,” reports Andrew Albanese , Publishers Weekly senior writer.

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USPTO is holding public listening sessions on AI inventorship for patents

JD Supra Law

The United States Patent Office (USPTO) is holding two upcoming public listening sessions on AI inventorship for patents. A first “East Coast” session will be held on April 25, 2023 at the USPTO Headquarters in Alexandria, Virginia. A second “West Coast” session will be held on May 8, 2023 at Stanford University in Stanford, California. Both sessions allow for virtual attendance.

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@musicbizworld: UNIVERSAL MUSIC GROUP RESPONDS TO ‘FAKE DRAKE’ AI TRACK: STREAMING PLATFORMS HAVE ‘A FUNDAMENTAL RESPONSIBILITY TO PREVENT THE USE OF THEIR SERVICES IN WAYS THAT HARM ARTISTS’

The Trichordist

The track, heart on my sleeve, credited to the ‘artist’ ghostwriter, has racked up more than 230,000 plays on YouTube, and more than 625,000 plays on Spotify.

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Do you really intend to offer NFTs, digital collectibles, and virtual goods? If not, no trademark.

JD Supra Law

Editor's Note: This article is the second in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. The NFT explosion has led to a “gold rush” of thousands of new U.S. trademark applications covering NFT-based digital files, digital collectibles, and the like.

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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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Building optionality: Balance sheet discipline is both timely and timeless

McKinsey Operations

Companies can build optionality by strengthening their balance sheets, increasing cash, and establishing a cash culture across the organization.

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Copyright office issues new guidance on AI-assisted works, but legal concerns linger

JD Supra Law

Artificial intelligence (AI) has dominated the headlines over the last several years. As technology has continued to advance, computers and robots have progressed from merely assisting human beings with common tasks to making increasingly more sophisticated decisions on their own.

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Amgen Scores Partial Victory in Efforts to Maintain OTEZLA Exclusivity

Patently-O

By Chris Holman Amgen Inc. v. Sandoz Inc. , 2023 WL 2994166, — 4th — (Fed. Cir. Apr. 19, 2023) In 2019, Amgen acquired worldwide rights to apremilast (OTEZLA) from Celgene $13.4 billion in cash, in connection with Celgene’s merger with Bristol-Myers Squibb. Apremilast was the only oral, non-biologic treatment for psoriasis and psoriatic arthritis, and in 2020 apremilast generated $2.2 billion for Amgen.

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First Lawsuits Arrive Addressing Generative AI

JD Supra Law

This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of generative AI tools has soared, copyright and other intellectual property (IP) issues around generative AI tools have attracted increased attention.

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Why restoring natural capital is good for business

McKinsey Operations

Investing in nature is vital to our collective future—and it can also lead to both environmental and financial returns. Here’s how.

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Is DOE Now In Vogue?

JD Supra Law

On March 27, 2023, the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi, a closely watched case on the issue of enablement under 35 U.S.C. § 112(a). Though not the main point of contention, the doctrine of equivalents (DOE) was brought up several times during oral arguments as an avenue to capture additional claim scope.

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Ahead of the curve: Getting cargo revenue management right as the cycle turns

McKinsey Operations

The air cargo market is at a turning point as yields begin to fall from the peaks of the past three years—now is the time for cargo airlines to re-think revenue management.

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Amgen Inc. v. Sandoz Inc. (Fed. Cir. 2023)

JD Supra Law

An appellant's burden on appeal is never easy but it is particularly difficult when the questions at issue are based on factual evidence. The appellate judiciary is loathe (generally) to second guess a district court judge on factual matters, in deference to the judge's experience in observing the demeanor of the witnesses and how the evidence is introduced, and rebutted on cross-examination by opposing counsel over the course of the trial.

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Delving Into the EU’S Draft Regulations on SEP Licensing

IP Watchdog

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). Commentators predict the draft will be released in late April and, although this is an early draft that will likely evolve, below we offer the following initial observations. In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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Navigating Copyright Risks in Generative AI

JD Supra Law

Generative AI is becoming increasingly popular across various industries due to its ability to improve efficiency and creativity. Specifically, companies can use AI to generate marketing materials, social media posts, product design, and more. However, while AI-generated content offers numerous benefits, it also comes with potential copyright risks that companies should understand before using such content.

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Powering the transition to zero-emission trucks through infrastructure

McKinsey Operations

The United States has committed to 100 percent zero-emission truck sales by 2040, but what needs to happen on the ground?

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Comparing 2 Approval Processes For Gene Therapies

IP Law 360

As the U.S. Food and Drug Administration gears up for a continued increase in cell and gene therapy drug applications, it's important for drug companies to understand the significant differences between two different approval pathways, say attorneys at Allen & Overy.

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Obviousness and Stereochemistry

Patently-O

Amgen Inc., v. Sandoz Inc. 22-1147, — F.4th — (Fed. Cir. Apr. 19, 2023) Jordan is a second-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry and food science. Amgen markets apremilast, a phosphodiesterase-4 (“PDE4”) inhibitor, which is used for treating psoriasis and related conditions, under the brand name Otezla® which is covered by three patents, U.S.

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Robotic Litter Box Maker Can't Fully Escape Rival's IP Suit

IP Law 360

A California federal judge has trimmed an automated litter box company's intellectual property suit against a competitor over dueling robotic pet cleaning products, keeping trademark infringement claims alive Friday due to possible consumer confusion but axing weak patent claims that lacked evidentiary support.

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Author Talks: How investing in ‘impact start-ups’ can help level the playing field

McKinsey Operations

Tech venture capitalists discuss how a bold experiment became a successful formula for closing gaps in access and opportunity for vulnerable communities.

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AI Considerations For Parties In The Creator Economy

IP Law 360

As artificial intelligence technology continues to shape the creator economy, it is crucial for players in the entertainment ecosystem to consider the legal and regulatory implications of AI-generated works, and stay on top of intellectual property ownership, license rights, rights of publicity and associated liability risks, say attorneys at Fenwick.

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Working hard for the money: The crunch on global economic profit

McKinsey Operations

Global economic-profit pools have been shrinking over the past two decades. What’s going on?

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Brand Battles: MLB Takes A Swing At Major League Pickleball

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, entities belonging to Major League Baseball are going to bat against Major League Pickleball's bids to register "MLPlay" and "MLPro" as trademarks — plus four other cases you need to know.

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A community Dr. King would be proud to call home: Revitalizing Atlanta’s westside

McKinsey Operations

The president and CEO of the Westside Future Fund shares learnings from working to revitalize neighborhoods in Atlanta and the impact the organization has had in the community since being launched in 2014.

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BREAKING: ???????Supreme Court Preserves Access To Abortion Pill

IP Law 360

The U.S. Supreme Court preserved access to a widely-used abortion medication Friday evening.

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Other Barks & Bites for Friday, April 21: Bipartisan IP Heads Condemn EU Draft SEP Proposal; Senate IP Subcommittee Discusses Threats to U.S. Innovation, Amazon Announces New Anticounterfeiting Platform

IP Watchdog

This week in Other Barks & Bites: Six former IP leaders send comments to the European Commission expressing concerns over an “apparent pivot” on EU policy relating to standard essential patents (SEPs); the Senate Judiciary Subcommittee on Intellectual Property holds a hearing on competition threats to U.S. innovation; the United States Patent and Trademark Office (USPTO) asks for public input on proposed changes to discretionary institution practices; and Amazon is set to release an anti-co

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Upcoming ACC Houston Webinar: Non-Competes in the Health Care Workplace

Trading Secrets

Tuesday, May 2, 2023 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific 1:00 p.m. to 2:00 p.m. Eastern REGISTER HERE About the Program Join us for a program that will dive into the issues surrounding non-competes in the health care industry. Seyfarth attorneys will engage in a lively panel discussion featuring in-house counsel leads in the industry.

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May the Fourth promotion seen in the wild

43(B)log

Not sure I'd want to describe my own food as Bantha meat, but ok.

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Federal Circuit Holds Patent Owners Bear IPR Estoppel Burden of Proof

JD Supra Law

The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a previous IPR. In overturning the district court, the Federal Circuit held that a patent owner must prove, by….

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Federal Circuit Holds Patent Owners Bear IPR Estoppel Burden of Proof

LexBlog IP

The Federal Circuit recently held, for the first time, that patent owners bear the burden of proof for an Inter Partes Review (“IPR”) Estoppel affirmative defense that an alleged infringer failed to include prior art in a previous IPR. In overturning the district court, the Federal Circuit held that a patent owner must prove, by a preponderance of the evidence, that an objective “skilled searcher” exercising “reasonable diligence” would have discovered the pri

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