Wed.May 31, 2023

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The WGA Strike and its Impact on Hollywood North

Hugh Stephens Blog

As the Writers’ Guild of America (WGA) strike grinds on with no end in sight, the impact is being felt not just in the US where picketing has halted some productions. Given the global production of US studios, the strike has echoes in the UK, Canada, Australia and elsewhere.

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Toronto District School Board Faces Plagiarism Controversy

Plagiarism Today

The Toronto District School Board is facing a new plagiarism scandal, this one involving a divisive report that they hoped would help them. The post Toronto District School Board Faces Plagiarism Controversy appeared first on Plagiarism Today.

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Iconic Torrent Site RARBG Shuts Down, All Content Releases Stop

TorrentFreak

Founded in 2008, RARBG evolved to become a key player in the torrent ecosystem. The site didn’t only attract millions of monthly visitors from all over the globe, it was also a major release hub, bridging the gap between the Scene and the broader pirate public. Today, the site’s fifteen year run unexpectedly came to an end. In a message posted on the site’s front page, the team says its farewells.

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3 Count: Not-so Goldin Touch

Plagiarism Today

Netflix's King of Collectibles is sued over show idea, Google takes down Downloader app and USPTO launches new roundtable on piracy. The post 3 Count: Not-so Goldin Touch appeared first on Plagiarism Today.

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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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Calculating Trademark Registration Renewal Dates

Erik K Pelton

The post Calculating Trademark Registration Renewal Dates appeared first on Erik M Pelton & Associates, PLLC.

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Countdown to the Unified Patent Court, Part V: Five Predictions for the UPC on Day One

IP Watchdog

The Unified Patent Court (UPC) is now a reality. The Court opens its doors tomorrow, June 1, 2023. In the past four articles, we have aimed to dispel myths about some of the key aspects of the UPC. Part 1 focused on the designated UPC judges, Part 2 on the timelines, Part 3 on the remedies that are available at the UPC and finally Part 4 on the financial aspects of the UPC.

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Guest Post: Jillian Grennan, Charting New Paths in Innovation: Reflections from Harvard’s Innovation Economics Conference

Patently-O

(Editor’s note: (This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here , and resources from the first conference of the initiative are available here. -Jason) By: Jillian Grennan , Associate Professor of Finance and Principal, Diversity Pilots Initiative Recently, I had the privilege of being part of the Junior Innovation Economics Conference at Harvard Business School.

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Workflow of the Future: Sustainable Business Models

Velocity of Content

In early May, CCC hosted “ Workflow of the Future: Sustainable Business Models ,” the fifth event in a series designed to help facilitate important conversations on critical topics related to standards, including sustainability. Moderated by Jonathan Clark, the panel featured highly experienced leaders in the standards development organization (SDO) community, including Joan O’Neil , Chief Knowledge Officer of ICC; Hans Arne Rykkelid , CEO of Standards Digital AS; Leslie McKay , Senior Manager o

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Patent Poetry: Federal Circuit: Particle Patent Claims Anticipated

JD Supra Law

The Federal Circuit has held that the claims of a “SNALP” patent were inherently anticipated by prior art. In Arbutus Biopharma Corp. v. ModernaTX, Inc., Arbutus appealed a decision in an inter partes proceeding by the Patent Trial and Appeal Board (PTAB) that found claims 1-22 of its U.S. Patent No. 9,404,127 invalid as anticipated.

Patent 98
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Salesforce's Patent Challenges Doomed By RPX's Petitions

IP Law 360

An attorney at the U.S. Patent and Trademark Office has rebuffed the latest bids from Salesforce to strike out patents at the heart of a nearly decade-old suit over a mobile app, one of the first times that ex parte reexaminations were rejected because of ties to failed challenges from defensive patent group RPX Corp.

Patent 96
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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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Katcall Reminder

The IPKat

The deadline for submissions to the openings for GuestKats and InternKats positions (as announced here ) is approaching. Those interested must submit their complete applications no later than Sunday, 11 June (midnight, GMT). Complete applications must contain CV details, interest in IPKat, and a 400-word writing sample (or a link to an existing piece in the case of a GuestKat application).

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Globe Publisher Calls Bill C-18 a “Threat to the Independence of Media” As Government Senate Representative Smears Bill Critics

Michael Geist

The Senate hearings on Bill C-18, the Online News Act, resumed yesterday with two blockbuster panels that included the Globe and Mail, News Media Canada, La Presse, Le Devoir, Canadaland, The Line, and Village Media. The unmistakable takeaway was the enormous risks the bill creates to the independence of the press, to the future of digital media, and to the bottom lines of Canadian news outlets across the country.

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US Supreme Court decision in Amgen v Sanofi: The European Perspective

The IPKat

The US Supreme Court recently ruled in the high profile Amgen versus Sanofi patent dispute. Agreeing with the Federal Circuit ( No. 20-1074, Fed. Cir. 2021 ), the Supreme Court found Amgen's function and epitope defined PCSK9 antibody patents to lack enablement ( Amgen Inc v Sanofi, No. 21-757 ). The US Supreme Court was keen to stress that its reasoning did not alter the law on enablement.

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Powell Gilbert Opens In Dublin Ahead Of UPC Launch

IP Law 360

Intellectual property specialist Powell Gilbert LLP is opening an office in Dublin, the latest firm to expand into Ireland in a bid to take advantage of the opening of the European Union's Unified Patent Court.

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Cryptocurrency exchange platform Coinbase wins trade mark bad faith battle before EU General Court

The IPKat

In a recent judgment , the General Court upheld the Court of Justice of the European Union (CJEU’s) reasoning in Chocoladefabriken Lindt & Sprüngli (C‑529/07) EU:C:2009:361 and held that, when an applicant is acting in bad faith, all the relevant factors specific to the particular case at the time of filing the EU trade mark must be taken into consideration (and not merely the scope of appeal as limited years later).

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7th Circ. Asks Why Atty Delayed Efforts To Transfer Case

IP Law 360

A Seventh Circuit panel on Wednesday pressed an attorney's counsel to address why he did not immediately pursue transferring his breach of contract suit against mobile tech company Ubiquity to California or file a new suit there to keep his options open after an Illinois federal judge tossed his $7.7 default judgment award on jurisdictional grounds.

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SCOTUS Requests Response in CareDx Eligibility Petition Following Michel/ Duffy Brief

IP Watchdog

Last week, retired U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Paul Michel and law professor John F. Duffy filed an amicus brief with the U.S. Supreme Court in support of CareDx, Inc. and the Board of Trustees of the Leland Stanford Junior University. The company and university are asking the Supreme Court to review a 2022 decision invalidating claims of its patents directed to detection levels of donor cell-free DNA (cfDNA) in the blood of an organ transplant patient.

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Abbott Says Ex-Nutrition Scientist Is Peddling Trade Secrets

IP Law 360

Abbott Laboratories has accused a former nutrition scientist of taking thousands of confidential documents with him when he left the company, claiming that he's now hawking those trade secrets to Abbott's competitors, according to a suit filed in Illinois federal court.

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The NLRB Joins the Fray: Another Attack on Non-Competes

Trading Secrets

The FTC is not alone in taking aim at non-competes. Yesterday, the NLRB’s General Counsel Jennifer Abruzzo issued a memo to all regional directors, officers-in-charge, and resident officers at the NLRB stating that non-competes in employment agreements and severance agreements violate the National Labor Relations Act except in rare circumstances. Specifically, Ms.

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Project Veritas Claims Founder Stole Donors After Suspension

IP Law 360

Project Veritas sued its founder James O'Keefe in New York federal court Wednesday, alleging he "immediately" breached his employment agreement and stole donors to create rival O'Keefe Media Group after Project Veritas suspended him on allegations of berating female colleagues, missing meetings and misappropriating funds to fuel a lavish lifestyle.

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Are surcharge disclosures fair?

43(B)log

Seen on a recent menu. They reprinted it to include this information; they could have reprinted with the actual higher prices, and if they ever intend to drop the surcharge they'll have to reprint again, so the only motivation seems to be to disguise the price hike/keep it out of customers' minds as they are ordering.

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Never too Late: If you missed the IPKat last week!

The IPKat

If you missed last week's posts, it's not too late to catch up. A Kat waiting for the next IP case. Copyright This Kat reflected on a judgment issued by the Tribunal Judiciaire of Paris on 31 March 2023 which concerned a claim of copyright infringement in a typeface. Anastasiia Kyrylenko analysed a decision issued by the French Cour de cassation on 8 March 2023.

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TTAB Posts June 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (9) oral hearings for the month of June 2023. All of the hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. June 14, 2023 - 11 AM: Mi-Box Moving and Mobile Storage Inc. v. Mybox Inc. , Opposition No. 91265197 [Opposition to registration of MYBOX for "Modular metallic buildings; transportable metal buildings; prefabricated metal buildings; relocata

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Domain Name News: May 2023 - Anchovy News

JD Supra Law

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: On the.CASE / Artful growth for.ART /.AE increases in popularity Domain name recuperation news: Sale of domain names can be a valid enterprise / Evidence of bad faith should not be cryptic / Two "tickets" to UDRP denial.

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High Court Amgen Patent Ruling Promotes Medical Innovation

Bio Law Blog

Head of Life Sciences Irena Royzman authored a Law 360 article titled “High Court Amgen Patent Ruling Promotes Medical Innovation” on May 22, 2023. The article discusses the impact of the U.S. Supreme Court's interpretation of the patent enablement requirement in Amgen Inc. v. Sanofi on medical innovation, patent litigation, licensing and preparation of patents.

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Supreme Court Maintains Internet Safe Harbor Provisions … for Now

JD Supra Law

With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting messages to be briefly available on YouTube abetted a 2015 ISIS attack in Paris, which plaintiff claimed made Google liable for the death of a member of the plaintiff’s family.

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Supreme Court Sides with Photographer Goldsmith in Warhol Case

LexBlog IP

The U.S. Supreme Court affirmed the judgment of the Second Circuit in the case of Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”).

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APJ Stock Ownership Insufficient To Vacate

JD Supra Law

On May 16, 2023, the Federal Circuit denied a petition for a writ of mandamus to direct the Board to vacate an institution decision based on stock ownership of an administrative patent judges (“APJ”) in In re Centripetal Networks, LLC, No. 2023-127, 2023 U.S. App. LEXIS 11895 (Fed. Cir. May 16, 2023).

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The NLRB Joins the Fray: Another Attack on Non-Competes

LexBlog IP

The FTC is not alone in taking aim at non-competes. Yesterday, the NLRB’s General Counsel Jennifer Abruzzo issued a memo to all regional directors, officers-in-charge, and resident officers at the NLRB stating that non-competes in employment agreements and severance agreements violate the National Labor Relations Act except in rare circumstances.

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Amgen v. Sanofi and Points Beyond

JD Supra Law

A week ago Thursday, the Supreme Court issued its decision in the Amgen v. Sanofi case, affirming the judgment of the Court of Appeals for the Federal Circuit, that the claims of the two patents Amgen asserted against Sanofi are invalid for lack of enablement. In Amgen, the Supreme Court reiterated an old but simple “statutory command” that has endured “largely intact” since the original Patent Act of 1790 – the broader you claim the more you must disclose to enable the full scope of the.

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Cease-and-Desist Letter: How to Use It Effectively or Reply

Patent Trademark Blog

Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Are competitors copying your products? Perhaps you might want to send them a C&D letter to get them to respect your patents. Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter.

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What to Expect When You’re Expecting: An Overview of the Proposed Federal NIL Bill

JD Supra Law

A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the 2022 election, following the congressional hearing on NIL held in March of this year. The circulation of draft bills indicates Congress’ interest in establishing more standardized laws surrounding NIL, aiming to supersede the increasingly complex web of state regulations.

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Alvotech and Advanz Pharma Extend Partnership to Commercialize Five Proposed Biosimilars in Europe

LexBlog IP

Advanz Pharma (“Advanz”) and Alvotech announced that they entered an exclusive partnership agreement regarding supply and commercialization of five biosimilars in Europe, with Alvotech responsible for the development and commercial supply of the biosimilars, and Advanz responsible for registration and commercialization in Europe. Per the announcement, the agreement includes proposed biosimilars to SIMPONI® (golimumab) and ENTYVIO® (vedolizumab) and three undisclosed, early

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A Blow to Visual Artists? What the U.S. Supreme Court's Latest Copyright “Fair Use” Decision May Mean for Copyright Protection and AI-Generated Content

JD Supra Law

Last Thursday, May 18, 2023, the U.S. Supreme Court ruled in a 7-2 decision that the Andy Warhol Foundation's ("AWF") use of Lynn Goldsmith's photograph of the musician Prince in the commercial licensing of artist Andy Warhol's "Orange Prince" image to Condé Nast, does not weigh in favor of AWF under the first factor of the fair use defense to copyright infringement.

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The Post-Cookie Digital Advertising Landscape: Planning for Privacy Compliance in Unsettled Terrain

LexBlog IP

Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation. Digital advertising also incorporates many digital tools and systems that target specific individuals and audiences.