Wed.Jun 22, 2022

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Using the Copyright Small Claims Board to Fight Essay Mills

Plagiarism Today

In December 2020, the United States government passed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). The act, to put it simply, created the Copyright Small Claims Board (CCB), a “small claims court” to hear copyright infringement disputes. In the one and a half years since, the U.S. Copyright Office has been working to launch the board.

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Each trademark application has a unique blueprint

Erik K Pelton

A lot of design and planning goes into the drafting and filing of a trademark application at the USPTO, each application has a unique blueprint. The post Each trademark application has a unique blueprint appeared first on Erik M Pelton & Associates, PLLC.

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3 Count: Shape of Legal Costs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Ed Sheeran and Co-writers Awarded £900,000 in Costs Over Copyright Case. First off today, PA Media at The Guardian reports that Ed Sheeran and his co-authors has been warded more than £900,000 ($1,100,000) in court costs and fees over a failed copyright claim that targeted the song Shape of You.

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Design Patent: Invalid as Unduly Functional

Patently-O

by Dennis Crouch. Golden Eye Media USA v. Evo Lifestyle Products ( Fed. Cir. 2022 ) (nonprecedential). Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. This style of bag is known as a “trolly bag” in the UK and is used in shopping carts (trollies) to maintain order in reusable fashion.

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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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Megaupload Pair Plead Guilty, Kim Dotcom Turns Anger on Former Friends

TorrentFreak

After 10 years of legal battles following the closure of Megaupload, former executives Mathias Ortmann and Bram van der Kolk want to put their ordeal behind them. The prospect of being extradited to the United States to face copyright infringement, racketeering and money laundering charges proved to be a heavy burden for the men, so when an opportunity emerged to stay in New Zealand, they took it.

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Are personalized vitamins the future of wellness?

McKinsey Operations

Two fast-growing vitamin companies, HUM Nutrition and Vous Vitamin, are betting on personalization. Listen to their CEOs discuss the biggest trends in consumer health and wellness.

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More Trending

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Compulsory licensing for expensive medicines: KCE report

SpicyIP

The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. This report comes at an opportune moment. Public attention for intellectual property rights and the role it plays in the pharmaceutical sector has significantly revived due to Covid 19. The report does not focus on compulsory licenses (CLs) in emergency situations (like the Covid pandemic), but on the potential to use compulsory licenses for ‘excessively p

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Tarantino Asks Court to Dismiss Miramax’s ‘Pulp Fiction’ NFT Lawsuit

TorrentFreak

The popularity of non-fungible tokens, NFTs for short, has reached new highs over the past year. This has also drawn the attention of celebrities, some of whom agreed to tie their names and creations to these digital collectibles. Last fall, Quentin Tarantino joined in as well. The movie director announced that he would auction ‘Pulp Fiction’ NFTs to the public.

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Strengthening collaboration in the European space ecosystem

McKinsey Operations

European space partnerships are complex, spanning multiple countries and organizations. A new approach can help all participants unite behind shared goals.

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Who Wins, Who Loses – Still Worse To Be The Patent Owner On Appeal

JD Supra Law

We’ve been updating our stats pretty frequently but haven’t had a recent post about what—if anything—has changed in affirmance rates as more data has been compiled. So with basically 2½ years of data, I thought we could look again at affirmance rates across various different types of cases, mainly in the Court’s patent docket.

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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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Nature and financial institutions in Africa: A first assessment of opportunities and risks

McKinsey Operations

Africa’s climate resilience can be strengthened by redefining its economic model to leverage natural capital and designing financial systems to redirect critical nature-based investments.

Designs 111
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Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. (Fed. Cir. 2022)

JD Supra Law

The Federal Circuit recently granted a panel rehearing and vacated a panel decision between these parties decided earlier this year (see Novartis Pharmaceuticals Corp. v. Accord Healthcare), and rendered a decision that reversed the District Court finding in that earlier opinion. To recap, the case arose in ANDA litigation over U.S. Patent No. 9,187,405, which recites methods for treating recurring remitting multiple sclerosis (RRMS), a degenerative disorder of the myelin surrounding nervous.

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‘Find the smartest technologist in the company and make them CEO’

McKinsey Operations

Silicon Valley’s Marc Andreessen tackles tech trends like artificial intelligence, crypto, and Web3—and why incumbents still have a tough time competing with digital start-ups.

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California Court of Appeal Enforces Non-Solicitation of Customers Provision in Joint Venture Transaction Involving Key Employee

Trading Secrets

There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. One such exception is the sale of business exception found in California Business & Professions Code § 16601. This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”.

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Regulating Netflix, YouTube, and TikTok: Reactions to Bill C-11

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In the age of streaming, social media, and subscription-based entertainment platforms, critics have called for amendments to Canada’s Broadcasting Act , which was last updated in 1991 – long before the internet we know today materialized. On February 2, 2022, Minister of Canadian Heritage Pablo Rodriguez introduced Bill C-11 to parliament , proposing sweeping changes to Canadian broadcasting regulation and p

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Patent Poetry: Why it’s important to register your copyrights

JD Supra Law

As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work….

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More “Transformativeness” Run Amok

The Illusion of More

Jeff Sedlik has been a fine art and commercial photographer for over 30 years and has served as an expert witness in more than 400 copyright cases. But until celebrity tattoo artist Katherine Von Drachenberg (Kat Von D) inked his famous portrait of Miles Davis in 2017, he had never been in court as a […]. The post More “Transformativeness” Run Amok appeared first on The Illusion of More.

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Director Vidal Issues Interim Guidance on Discretionary Denials under Fintiv

Fish & Richardson Trademark & Copyright Thoughts

Earlier today, USPTO Director Kathi Vidal issued interim guidance regarding the application of the factors the PTAB considers in determining whether to institute an AIA post-grant proceeding where there is parallel district court litigation. The specific clarifications offered may receive mixed reactions, but the interim guidance nevertheless reflects decisive action by Director Vidal to promote uniformity in PTAB decisions, and thereby enhance the efficiency and predictability of AIA proceeding

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Nokia wins German injunction in first decision of Oppo patent war

IAM Magazine

Decision by Mannheim court is an important win for the Finnish company but may not prove decisive in the pair’s global licensing dispute.

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UK – DCMS publishes an updated Digital Strategy

JD Supra Law

On 13 June 2022, the UK’s Department of Digital, Culture, Media and Sport (DCMS) published its 2022 Digital Strategy (the Strategy).

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USPTO Encourages Parties to Indicate Issues of First Impression When Requesting Director Review Process

IP Watchdog

The United States Patent and Trademark Office (USPTO) on Tuesday announced that it has updated its interim guidance on the Director Review process under Arthrex v. Smith & Nephew to indicate that parties should identify any issues of first impression in their requests for Director Review. In a conversation with IPWatchdog Founder and CEO Gene Quinn yesterday, USPTO Director Kathi Vidal said that “it helps when parties focus the review on particular issues,” and indicated that issues of firs

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warranties aren't advertising b/c it's not plausible that anyone reads them before purchase

43(B)log

Plateau Casualty Ins. Co. v. Securranty, Inc., 2022 WL 2205263, -- F. Supp. 3d --, No. 2:22-cv-00007 (M.D. Tenn. Jun. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs terminated an agreement to insure Securranty Inc.’s warranties for products like laptops and cell phones, but Securranty allegedly continued to represent that its warranties were still insured by them.

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‘We want to build the healthcare ecosystem of choice’

McKinsey Operations

Over the last three years, the Zur Rose Group has been undergoing a transformation to become a true digital company. Walter Hess, the new CEO of the group, which operates healthcare platforms and online pharma­cies—among them DocMorris—explains in our interview what he has learned along the way.

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Texas Judge Tells Exec In Trade Secret Case To Stop Working

IP Law 360

A Texas state judge has ordered an executive at an oilfield pump and valve distributor to stop working for his latest company in light of allegations he sold off his last business for $170 million and then took its trade secrets and several employees with him to a competing outfit.

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Senate IP Subcommittee Starts Dialogue on Reforming the PTAB

IP Watchdog

Today, the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property met to hear testimony from four witnesses about proposed changes to the Patent Trial and Appeal Board (PTAB) as outlined in the recently announced PTAB Reform Act. Subcommittee Chairman Senator Patrick Leahy (D-VT), Ranking Member Thom Tillis (R-NC) and Senator John Cornyn (R-TX) introduced the bill last week.

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Dua Lipa Faces Another Copyright Suit Over Instagram Photo

IP Law 360

A New York photographer who has sued Justin Bieber and Ariana Grande for posting photos of themselves on Instagram without permission is now focusing his lens on Dua Lipa over similar copyright infringement claims, the latest lawsuit that the British pop singer has faced in recent months.

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Taiwan’s IP office publishes translations of its most significant cases of the past five years

IAM Magazine

The TIPO has made so-called ‘classic’ trademark cases available on its website in English and Chinese. However, several judgments are pending, including one pertaining to the provision of designated services outside Taiwan.

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Fed. Circ. AI Inventor Case Offers A Glimpse Into The Future

IP Law 360

The recent oral argument in Thaler v. Vidal marks the first time that the Federal Circuit has substantively considered artificial intelligence, and while the court pushed back on arguments that an AI machine is entitled to patents, the broader context of this appeal can provide strategic guidance for future AI litigation, says Mark Davies at Orrick.

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Vidal Memo Clarifying PTAB Discretionary Denial Analysis Says Fintiv Does Not Apply to Parallel ITC Investigations

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has issued a memorandum on the “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” clarifying current Patent Trial and Appeal Board (PTAB) practice on discretionary denials of inter partes review (IPR) and post grant review (PGR) proceeding institutions.

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LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

IP Law 360

A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

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Overview of Trademark Opposition in India

Kashishipr

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. The owner of a proposed trademark has to file a Trademark Application with the Registrar of Trademarks (referred to as ‘Registrar’ further in this article) at the Trademark Office for its registration.

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Federal Circuit Affirms Ax Of Reusable Bag Design Patent

IP Law 360

The Federal Circuit on Wednesday upheld a lower court's decision invalidating a retailer's design patent on reusable and foldable shopping bags, agreeing that the disputed invention is obvious and functional.

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Another Supply Chain Challenge? Uyghur Forced Labor Prevention Act Takes Effect

JD Supra Law

With the implementation of the Uyghur Forced Labor Prevention Act, importers of whole or component products from China should begin auditing their supply chains, purchase agreements, and all stages of production.

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'Pulp Fiction' NFTs Based On Screenplay, Not Film, Judge Told

IP Law 360

Filmmaker Quentin Tarantino has urged a California federal judge to boot Miramax's copyright suit over exclusive "Pulp Fiction" scenes that he planned to auction off as non-fungible tokens, arguing that the studio has rights to the film but not his handwritten screenplay.

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Author Talks: Unleash your team’s full potential

McKinsey Operations

Adviser extraordinaire Daniel Coyle defines the essential elements that create the foundation for optimal company culture.

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