Tue.Aug 23, 2022

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3 Count: Grand Theft Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ex-White House Photographer Sued for Copyright Over His Own Photo: ‘You Can’t Make This Up’. First off today, Bevan Hurley at The Independent reports that former White House photographer Pete Souza says that he is facing legal threats over his use of a photograph he took on his own website.

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A Guide to Our Website at ErikPelton.com

Erik K Pelton

Our website is packed with information, resources, videos, and much more exploring the world of trademark protection and registration. In this episode, Erik guides us through some of the key features available at www.ErikPelton.com. The post A Guide to Our Website at ErikPelton.com appeared first on Erik M Pelton & Associates, PLLC. Our website is packed with information, resources, videos, and much more exploring the world of trademark protection and registration.

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Building the next big experiences

McKinsey Operations

Brian Solis, Salesforce global innovation evangelist, sees curiosity and empathy as integral parts in delivering new experiences in the metaverse. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

Editing 135
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GOT Prequel “House of the Dragon” Premiered Early on Pirate Sites

TorrentFreak

When it comes to piracy records and juicy headlines, the original Game of Thrones series holds the crown. The popular TV series still holds the record for the largest torrent swarm and its releases caused a significant boost in global piracy traffic. Game of Thrones also made headlines on several occasions when episodes leaked online before their official premiere.

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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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Freelance, side hustles, and gigs: Many more Americans have become independent workers

McKinsey Operations

Independent work is booming, the American Opportunity Survey shows. For these workers and society, the upsides and drawbacks are all part of the gig.

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CAFC Snubs Inventor’s Argument that 101 Rejections Violate APA

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision issued today, affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent ineligible. The opinion was authored by Judge Chen. The case originates from an examiner’s rejection of Jeffrey Killian’s claims of U.S.

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Snap’s TOS Fails (Uh Oh)–Doffing v. Facebook

Technology & Marketing Law Blog

This is one of the dozens of lawsuits alleging that social media services addict kids. Those cases cover the same ground as CA AB 2408 , which recently died in the California legislature. The plaintiffs’ lawyers are proceeding in court anyway. These plaintiffs sued in Oregon. Snap sought to move the case to Central District of California. (Facebook acquiesced to Snap’s motion).

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That Ninth Circuit Delta-8 Opinion and What’s Followed – It’s Not a Green Light for Intoxicating Hemp

JD Supra Law

The debate surrounding delta-8 THC and the proper regulation of intoxicating hemp products has accelerated greatly over the last several months, fueled by multiple court decisions, federal policy actions, and new state laws. Not least of which is last May’s decision in AK Futures LLC v. Boyd St. Distro, LLC, No. 21-56133, 2022 WL 1574222 (9th Cir. May 19, 2022).

Law 98
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CCC and Chinese Medical Association Publishing House Partner to Provide Global Licensing Solution for CMA Articles

Velocity of Content

CCC has contracted with the Chinese Medical Association Publishing House (CMAPH) to offer document delivery and licensing solutions for all CMAPH journals. CMA titles are now included in the Republication License Service on CCC Marketplace and Document Delivery with RightFind. CMAPH is the leading publisher of medical journals in China, including the prestigious Chinese Medical Journal and National Medical Journal of China.

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Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation

JD Supra Law

We’re now in the waning days of summer, and the Court’s activity last week somewhat reflected that: two decisions and a few orders. One of those orders was for something you don’t see often: an appeal being dismissed for an appellant missing the deadline to file its opening brief by 11 days. So fair warning: an appellant that doesn’t file an opening brief may have its appeal dismissed.

Patent 98
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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 Fire Me, I Quit' Is Now A FRAND Strategy

IP Law 360

A Chinese phone company has pulled out of Germany rather than be subject to an injunction based on its failure to reach a deal to license standard-essential patents owned by Nokia, showing how licensees can try to regain some control in international disputes.

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Metaverse: Patent Infringement in Virtual Worlds

JD Supra Law

If patent holders want to exclude others from using their invention, then they need to keep an eye on the marketplace to spot infringers. Because the metaverse opens up a new, virtual and potentially endless space where infringement can occur, "virtual patent infringement" may be the next domain for enforcement.

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When you have to move: the trauma of downsizing one's personal library

The IPKat

Moving can be among life's most trying family events. This is especially so when moving means downsizing. This Kat recently endured this trauma, after 35 years living in the same apartment with Mrs. Kat and the (once small, now grown) family Kittens. IP was not spared. Perhaps the most difficult aspect of the move was dealing with his book collection.

Copying 90
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Examples of Job Shop to Flow Shop Conversions

Christopher Roser

I am a strong believer in the advantage of flow shops. To me, job shops are an inherently chaotic system. While there are ways to manage job shops, these are merely (more or less) successful attempts to put a Band-Aid on the chaos. To me, only a conversion to a flow shop will bring underlying. Read more. The post Examples of Job Shop to Flow Shop Conversions first appeared on AllAboutLean.com.

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Optimizing health system supply chain performance

McKinsey Operations

COVID-19 required health systems to lean on their supply chain functions more than ever before, highlighting the function’s importance and opportunities to improve its performance and strategic value.

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Climate Disaster: A Rough Decade

The Illusion of More

This month is the tenth anniversary of The Illusion of More. Specifically, I believe the site launched on August 12, but I did not know what, if anything, I wanted to say to mark the occasion other than to thank readers for following and supporting the blog for a decade. And I am very grateful […]. The post Climate Disaster: A Rough Decade appeared first on The Illusion of More.

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Building an open metaverse

McKinsey Operations

CEO John Hanke says the promise of the metaverse is massive, but there are technological and financial hills to climb. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

Editing 85
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These Firms Have the Most Women in Equity Partnerships

IP Law 360

Law firms still have a long way to go when it comes to closing the gender gap, particularly at the top. But at these firms, women have made inroads into the upper ranks, and are smashing the glass ceiling that has long kept women from making it into leadership roles.

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Rapid throughput improvement at mature semiconductor fabs

McKinsey Operations

A shortage of automotive chips has shut down OEM production lines. How can fabs rapidly increase wafer output as vehicle demand surges in the wake of the COVID-19 pandemic?

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Lawmakers Unveil New Version Of Media Competition Bill

IP Law 360

Lawmakers led by Sen. Amy Klobuchar, D-Minn., as well as Senate and House Judiciary Committee Chairs Dick Durbin, D-Ill., and Jerrold Nadler, D-N.Y., have announced the latest version of a bill to give some journalism outlets limited antitrust immunity to bargain with Big Tech platforms like Google, a legislative effort that dates back to 2018.

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The McKinsey Crossword: Gender Parity | No. 90

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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George Lopez Joins Comics Suing Pandora Over Royalties

IP Law 360

Comedian George Lopez hit Pandora with a $5.55 million copyright infringement suit in California federal court Tuesday, joining other high-profile comedians who have recently sued the streaming giant for allegedly profiting off their comedy acts without paying royalties or obtaining necessary licenses.

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Gaming for a cause

McKinsey Operations

Square Enix CEO Yosuke Matsuda shares his expansive vision for the Japanese entertainment and video game company, one that includes solving societal problems and greater user empowerment. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

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Join the AIPLA Law Journal Editorial Board

Patently-O

The AIPLA Journal Quarterly has been publishing articles since its first 1972 issue. That original issue included articles from Retired Supreme Court Justice Tom Clark as well as Sixth Circuit Chief Judge Harry Phillips and CCPA Judge Giles Rich. Tom C. Clark, The Patent System Deserves Clean Hands , 1 AIPLA Q.J. 9 (1972) (arguing for doctrine of unenforceability for failure to disclose known prior art to the USPTO).

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SCOTUS to hear landmark eBay patent case

Likelihood of Confusion

From Reuters: The U.S. Supreme Court on Wednesday will hear arguments in a patent case involving online auctioneer eBay Inc. that is part of a wider struggle between the software. The post SCOTUS to hear landmark eBay patent case appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright case: Lang Van, Inc. v. VNG Corp., USA

Kluwer Copyright Blog

The court of appeals reverses the district court for the second time in a case that has been pending since 2014. A Vietnamese company that makes accessible within the United States a website and a downloadable app that enable the exchange of unlicensed music files can be sued in a California federal court, the U.S. Court of Appeals for the Ninth Circuit has held.

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An Open Mind Opens Doors

LexBlog IP

Below is the second post from our departing summer law clerk, Karen. I am very happy that we infected her with our love of IP law! But what I am even happier about is that she gained confidence. If you read my first blog post, you know that OG+S was my first legal job. I entered law school with the original thought of practicing Immigration Law and had never considered Intellectual Property until this summer.

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Building A Technological Moat: Strategic Use of Continuing Patent Applications

JD Supra Law

For technology-focused companies that rely heavily on innovation, patent portfolio development is critical for establishing and expanding their competitive edge. A key for strategic portfolio development is the continuation application, which provides the ability to continually expand protection and set up coverage over competitors using the concepts described in existing applications.

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FDA Workshop on Sept. 19, 2022: Increasing the Efficiency of Biosimilar Development Programs

LexBlog IP

The FDA is hosting a virtual public workshop on September 19, 2022 on “Increasing the Efficiency of Biosimilar Development Programs.” The workshop will focus on comparative clinical studies and “discuss possible innovative ideas to improve the efficiency of biosimilar development.” The workshop will include detailed discussion on the statistical methods for these studies, e.g., the Bayesian integration of various data sources to inform the design of the comparative clinic

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Robert Milligan to Speak About the Latest Developments in Trade Secrets Litigation and Protection for California Lawyers Association 2022 IP Institute

Trading Secrets

Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Competes practice—is presenting the “Latest Developments in Trade Secrets Litigation and Protection” session at the California Lawyers Association 2022 IP Institute on Friday, November 4, in Dana Point, California. For this panel, an experienced group of trade secret attorneys, who recently co-edited and co-authored the Trade Secret Litigation and Protection: A Practical Guide to the DTSA and CUTS

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What Trademark Holders Should Know About Russia's Authorization of Parallel Imports

JD Supra Law

The Russian government has issued regulations authorizing importation into Russia of specified luxury items without the consent of the relevant trademark owners, in an apparent effort to circumvent Western sanctions prohibiting the supply to Russia of such items. Such imports, known as “parallel imports” or “gray market” activity, present legal and reputational risk for luxury brand companies to the extent their products are diverted to Russia.

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2 More BakerHostetler IP Attys Move To Blank Rome In DC

IP Law 360

Two intellectual property and technology attorneys have left BakerHostetler LLP to join Blank Rome LLP's Washington, D.C., office, making them the latest additions to Blank Rome from BakerHostetler in the past four weeks, the firm said Monday.

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“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

JD Supra Law

While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022). In this IPR, the Petitioner submitted its Exhibit 1008, entitled “Petitioner’s Voluntary Interrogatory Responses.” This unconventional exhibit consisted of five interrogatories that Petitioner drafted along with Petitioner’s own responses to those interrogatories relevant to the.

Patent 52
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Order on “In re unsealing of court records” rescinded

Patently-O

By Jason Rantanen. Last week the Federal Circuit issued an order relating to the unsealing of materials filed in cases docketed ten or more years ago. Misc. Docket 22-160: Is your (old) appeal on this list? Today the court issued a new order rescinding that order as “impracticable.” Upon further consideration of the court’s August 17, 2022 Order, the court finds it impracticable at this time to continue to proceed with the proposed unsealing of previously-identified cases.

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Finding MDL Ground in Venue for Hatch-Waxman Cases

JD Supra Law

When there are multiple ANDA filers for the same drug, it may not be possible for a branded pharmaceutical company to bring Hatch-Waxman Act patent infringement suits against all of them in the same court consistent with the applicable venue statute. However, in such instances, brand companies can utilize consolidation via multidistrict (“MDL”) litigation to bring the case into a common venue for pretrial matters.