Plagiarism Today
OCTOBER 19, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat. First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy.
TorrentFreak
OCTOBER 19, 2022
Over the past few years, rightsholders in Japan have shown new urgency in their fight against piracy. Strict laws on home soil mean that overseas pirate sites pose the biggest threat and with that, new sets of challenges. The successful prosecution of Mangabank’s operator in China this summer was preceded by an ex parte application designed to reveal his identity.
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McKinsey Operations
OCTOBER 19, 2022
Browsing and shopping directly on social media platforms is a core feature of e-commerce in China. Now, this dynamic new way of buying is poised for rapid growth in the United States.
TorrentFreak
OCTOBER 19, 2022
Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Trade Representative (USTR). The U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. The recommendations, including those from the RIAA , MPA , and ESA, traditionally focus on well-known piracy sites such as The Pirate Bay and Fmovies.
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?
JD Supra Law
OCTOBER 19, 2022
“Timely and secure information sharing can bridge the gap between vulnerability and security.” This was a key message from a recent webinar on ICS & OT Supply Chain Risk Management presented by Information Security Media Group. The webinar discussed how Industrial Controls Systems (ICS) and Operational Technology (OT) can be particularly vulnerable to supply chain risks.
IPilogue
OCTOBER 19, 2022
Prof. David Vaver is a member of IP Osgoode’s Advisory Board, an I ntellectual P roperty Law Professor at Osgoode Hall Law School and an Emeritus Professor of IP & IT Law at the University of Oxford. A version of this paper is scheduled to be published in the Intellectual Property Journal. Thanks to Ronald M. Lieberman, Christopher G. Moore, and Maxine Vaver for helpful comments on an earlier draft.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
OCTOBER 19, 2022
The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations of major modifications for purposes of triggering New Source Review permitting.
Michael Geist
OCTOBER 19, 2022
As the witness portion of the Canadian Heritage committee hearing into the Online News Act (Bill C-18) comes to a premature end later this week (a hearing is planned with Heritage Minister Pablo Rodriguez and the CRTC, but remarkably Facebook, the CBC, and many experts will be blocked from appearing), new data from the Parliamentary Budget Office calls into question the claims of big benefits for Canadian newspapers.
JD Supra Law
OCTOBER 19, 2022
In Part 1 of this three-part blog series, we examined how intellectual property (IP) rights online are normally enforced and how that model may translate to the metaverse. In Part 2, we focus in on the implications for IP enforcement of certain metaverse properties linked to the blockchain.
Velocity of Content
OCTOBER 19, 2022
In Act 2, Scene 2 of Romeo and Juliet , Juliet ponders “What’s in a name?…That which we call a rose, by any other name would smell as sweet,” suggesting that names do not define but are merely labels used to distinguish one thing from another. For most words, arguably this would be true, with one notable exception—standards. If Ms. Capulet had pondered instead, “Is that which we call a standard, by any other name, still a standard?
Advertiser: IPO
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.
IP Law 360
OCTOBER 19, 2022
The number of U.S. counties where women received patents increased 32% between 1990 and 2019, with women having the strongest showing in Michigan, Texas, Connecticut, Massachusetts and California counties, according to a U.S. Patent and Trademark Office report issued Wednesday.
JD Supra Law
OCTOBER 19, 2022
In Mylan Pharm. Inc. v. Merck Sharp & Dohme Corp., the Federal Circuit considered whether prior disclosure of a genus of compounds and their pharmaceutically acceptable salts was sufficient to anticipate, under 35 U.S.C. §102, a claim directed to a species of a specific salt of a specific compound having a specific stoichiometric ratio.
IP Law 360
OCTOBER 19, 2022
Medieval Times has launched an unusual lawsuit alleging its trademark is being infringed by a union that represents its workers at a New Jersey location, but trademark and labor law experts are skeptical that the effort will be successful or copied by other employers.
JD Supra Law
OCTOBER 19, 2022
On September 18, 2022, the Patent Trial and Appeal Board denied all preliminary motions by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") and Senior Party ToolGen in Interference No. 106,126. On the same day, the Board suspended further proceedings in this interference (and in Interference No. 106,127 between Junior Party the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") and Senior Party ToolGen) "in.
IP Law 360
OCTOBER 19, 2022
General Electric Co. argued Wednesday that it is entitled to a new trial after a Massachusetts federal jury made an "irreconcilably inconsistent" finding in a June trial that deemed GE's technology to be infringing a Siemens patent covering offshore wind turbines.
JD Supra Law
OCTOBER 19, 2022
Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 39 biosimilars have been approved, 22 of which have launched. Notably, since our last update, the first BPCIA complaint was filed for Eylea with Regeneron accusing Mylan of infringing 24 patents.
IP Law 360
OCTOBER 19, 2022
A California federal judge overseeing a trial over claims Cardi B misappropriated a man's likeness for the cover of her 2016 mixtape raised prospects of declaring a mistrial after the rapper and the plaintiff's attorney repeatedly exchanged heated words, telling the lawyer that he had "totally crossed the line.
JD Supra Law
OCTOBER 19, 2022
The Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly subjective selection based on whatever case piqued our interest—we look at a case of international intrigue that discusses important principles of judicial review and an agency’s inherent authority to reconsider its own decisions.
The IPKat
OCTOBER 19, 2022
Vuitton's Damier Azur Is Louis Vuitton’s Damier Azur pattern distinctive enough to be a trade mark? If this seems like a déjà vu , it is because it is: indeed, back in 2020 the EU General Court (GC) already considered this question ( T-105/19 , covered on The IPKat here ). At that time, the GC concluded that, while the EUIPO Second Board of Appeal had been right in ruling out inherent distinctiveness of the mark at issue, it had also failed to undertake a proper evaluation of the evidence submit
JD Supra Law
OCTOBER 19, 2022
Introduction - The non-fungible token, known as the “NFT,” has risen to prominence in the digital assets market as a new asset class. NFTs saw US$17.7 billion in sales in 2021 alone.
McKinsey Operations
OCTOBER 19, 2022
The path discrete manufacturing companies have taken to make their operations carbon neutral has important lessons for any business pursuing the dual mission of profitability and sustainability.
Patently-O
OCTOBER 19, 2022
By Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law. The Federal Circuit decides lots of mandamus petitions on transfer of venue under 28 U.S.C. § 1404(a). Most federal courts of appeals decide one or two per year, at most. The Federal Circuit, in 2021 alone, decided 30. Yet the Federal Circuit rarely designates those decisions as precedent.
McKinsey Operations
OCTOBER 19, 2022
Americans 18 to 24 years old report high rates of mental-health challenges, impediments to effective work, and worries about the future, our latest American Opportunity Survey shows.
IP Watchdog
OCTOBER 19, 2022
On October 3, the U.S. Supreme Court once again requested the views of the Solicitor General (SG) in a Section 101 case, Interactive Wearables v. Polar Electric Oy. Last summer, there was excitement in the patent community when the SG, whose advice the Court usually follows, recommended granting review in American Axle v. Neapco. Although that petition was ultimately denied, this new case purports to fit the mold of American Axle.
McKinsey Operations
OCTOBER 19, 2022
New data highlights five things incumbent businesses could learn from venture capitalists and unicorns.
Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 19, 2022
Once again, Fish & Richardson has received the highest designation of Mansfield Rule — 5.0 Certified Plus — from Diversity Lab for successfully attaining at least 30% diverse lawyer representation in a notable number of current leadership roles. “Since its inception, the Mansfield Rule has moved the needle of diversity and representation across law firm leadership,” said Fish Chief Operating Officer Kristine McKinney.
The IPKat
OCTOBER 19, 2022
By its decision C-256/21 of 13 October 2022, the Court of Justice of the European Union (CJEU) answered a referred question regarding the jurisdiction of EU trade mark courts: under Regulation 2017/1001 (EUTMR), does an EU trade mark court have jurisdiction over the invalidity of an EU trade mark asserted by a counterclaim, even after the action for infringement upon which the counterclaim is based has been validly withdrawn?
IP Law 360
OCTOBER 19, 2022
The holders of foundational technology patents licensed to "no-glasses" 3D TV tech company Stream TV Networks Inc. have asked to intervene in Stream TV's Delaware Chancery battle with lenders, alleging that the lenders want to take control of the tech without a license.
The IPKat
OCTOBER 19, 2022
It has been a busy few weeks for the IPKat and it’s about time to take a look at what we have covered during this time:- Patents The Chartered Institute of Patent Attorneys ( CIPA ) reported that the European Patent Office ( EPO ) Administrative Council decided to abolish the 10-day rule, i.e., notification from the EPO is considered to occur 10 days after the date on which the notification was sent.
JD Supra Law
OCTOBER 19, 2022
The United States Patent & Trademark Office (USPTO) announced a substantial change in timing rules beginning December 3, 2022. Instead of the six months allowed under the current rules, applicants will now have three months to respond to an office action issued during examination, with a possible extension of an additional three months upon the payment of a fee.
The IPKat
OCTOBER 19, 2022
Trade mark practitioners should be aware that the 12th edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks (“ Nice Classification ”) will enter into force on 1 January 2023. The 12th edition can be assessed here. In its recent Information Notice ( here ), the World Intellectual Property Organisation (“WIPO”) confirmed that the 12th edition will apply to any application for IR that is received by the office of origin or the International
JD Supra Law
OCTOBER 19, 2022
A color combination trademark refers to a trademark composed of two or more colors in a certain proportion and in a certain order, which can be registered and protected in China since the amendment of the Trademark Law in 2001. As a non-conventional trademark, the judicial protection of color combination trademark only has twenty years history in China, which is still in its infancy, with few relevant cases and some problems that are not commonly seen in traditional trademarks cases.
IAM Magazine
OCTOBER 19, 2022
C K Hong argues against the current IPR process in conversation with IAM
JD Supra Law
OCTOBER 19, 2022
Standard Essential Patents (SEP) are patents that claim inventions needed to comply with a technical standard e.g., the 3G or LTE standards in mobile telecommunications technology. A SEP can benefit the patentee when licensed to standard implementers (e.g., on fair, reasonable, and non-discriminatory (FRAND) terms) and by allowing the patentee to rely on the standard to determine infringement by an accused product that complies with the standard.
IP Intelligence
OCTOBER 19, 2022
As part of the Trademark Modernization Act of 2020 (reported in the IP Intelligence Blog on Dec. 23, 2021 ), beginning on Dec. 3, trademark applicants will have three months (with a possible three-month extension) to respond to office actions issued during the examination of trademark applications at the United States Patent and Trademark Office (USPTO).
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