Wed.Feb 08, 2023

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3 Count: Sick, Dying and Dead

Plagiarism Today

Megadeth sued by artist who claims he wasn't paid, bankruptcy court upholds $32 million DISH verdict and high school settles mascot case. The post 3 Count: Sick, Dying and Dead appeared first on Plagiarism Today.

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Jack Daniel’s Marks its Territory

IPilogue

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Usually, a dog toy’s squeak echoes throughout a home. A Jack Daniel’s bottle-shaped dog toy called “Bad Spaniels” will be heard at the U. S. Supreme Court and could bark new rules for trademark use in expressive works. Will it bite? Jack Daniel’s Properties, Inc.’s (“Jack Daniel’s”) petition to the U.

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The Day Before Accused of Trailer Plagiarism

Plagiarism Today

Developers for the upcoming video game The Day Before have worsened their problems by releasing a trailer that resembles earlier works. The post The Day Before Accused of Trailer Plagiarism appeared first on Plagiarism Today.

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Why Margaret Atwood is Right to Criticize Bill C-11 and What the Backlash Teaches About the Risks of Challenging Government Policy

Michael Geist

Margaret Atwood, the famed Canadian author, has been the target of a predictable backlash for her comments criticizing Bill C-11. Her comments, which came in the aftermath of Senator David Adams Richards forceful denunciation of the bill on the Senate floor, describe the bill as “well meaning”, but express concern about the uncertainty over how it will be interpreted, the role of government officials in determining what counts as Canadian, and the secrecy associated with the CRTC.

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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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$16m Pirate IPTV Lawsuit Magically Returns $32m Thanks to Bankruptcy

TorrentFreak

Advanced TV Network (ATN) was an IPTV service in Sweden that supplied more than a thousand TV channels to customers via the Internet. In 2008, that was an unusual achievement. ATN gave the impression of operating legally. As a registered company it was generating annual sales of around $7 million by 2013 and paid taxes to the state. However, the content ATN supplied to its customers had illegal origins.

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USITC Sets Out Process of Its Investigation into TRIPS Waiver Expansion

JD Supra Law

On February 1, the USITC formally announced the opening of its investigation into the merits of expanding the TRIPS Waiver to diagnostics and treatments. The investigation was initially requested by USTR, who had been leading the discussions regarding the TRIPS Waiver expansion.

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"Zero Draft" of WHO CA+ Released

JD Supra Law

On February 1, the World Health Organization (WHO) released a "zero draft" of a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness, and response (or "WHO CA+") for the consideration of the Intergovernmental Negotiating Body (INB) at its fourth meeting, which will take place on February 27, 2023.

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Investing in a net-zero economy: Scaling blended finance

McKinsey Operations

The scale of financing required for the transition to net zero is immense and the current financial gap substantial, making it vital to rapidly increase blended finance.

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ITC Monthly Wrap-Up: January 2023

JD Supra Law

The U.S. International Trade Commission’s Foray Into District Court Litigation - In addition to its typical operations this January, the U.S. International Trade Commission also found itself in the unusual position of moving to intervene in litigation from the District of Delaware between Siemens Industry Software, Inc., and Bell Semiconductor, LLC.

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NFTs Excite Hollywood But Not Because They Can Solve Piracy

TorrentFreak

The fleeting non-fungible token (NFT) craze showed that some people are willing to pay vast amounts of money for digital assets that are not guaranteed to retain their value. These digital entries are stored on a blockchain and allow buyers to prove that they are legitimate ‘owners’ of some underlying asset or right. While NFTs don’t grant copyrights, NFT owners are ‘rights’ holders in a sense, although the specifics may vary from project to project based on the fine print.

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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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Ferring Pharms. Inc. v. Fresenius Kabi USA, LLC

JD Supra Law

Case Name: Ferring Pharms. Inc. v. Fresenius Kabi USA, LLC, No. 20-431 (MN) (D. Del. Dec. 12, 2022) (Noreika, J.) Drug Product and Patent(s)-in-Suit: Firmagon® (degarelix acetate); U.S. Patents Nos. 9,579,359 (“the ’359 patent”), 10,729,739 (“the ’739 patent”), 10,973,870 (“the ’870 patent”), 9,415,085 (“the ’085 patent”), 10,695,398 (“the ’398 patent”), and 8,828,938 (“the ’938 patent”).

Patent 98
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Designing a Metadata Fitness Program: CCC at NISO Plus 2023

Velocity of Content

CCC is pleased to once again be participating in and speaking at the National Information Standards Organization’s (NISO) Plus 2023 Conference. The 2023 NISO Conference, a virtual event held on 14-16 February, will bring people together from across the global information community to share updates and participate in conversations about our shared challenges and opportunities.

Designs 91
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Haug Partners Successfully Challenges Cochlear Implant-Related Patent

JD Supra Law

In inter partes review proceedings it brought for Austrian cochlear implant maker MED-EL Elektromedizinische Geräte Ges.m.b.H., Haug Partners was successful in challenging all 24 claims of U.S. Patent 8,155,746, a cochlear implant-related patent of MED-EL’s competitor Advanced Bionics.

Patent 98
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A Thousand Cuts: AI and Self-Destruction

The Illusion of More

I woke up the other day thinking about artificial intelligence (AI) in context to the Cold War and the nuclear arms race, and curiously enough, the next two articles I read about AI made arms race references. Where my pre-caffeinated mind had gone was back to the early 1980s when, as teenagers, we often asked […] The post A Thousand Cuts: AI and Self-Destruction appeared first on The Illusion of More.

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[Event] The National Forum on IP Funding and Tech Strategies for Novel Therapeutic Modalities and Gene Therapies - March 21st - 22nd, Boston, MA

JD Supra Law

Hosted by American Conference Institute (ACI), the National Forum on IP, Funding and Tech Strategies for Novel Therapeutic Modalities and Gene Therapies will highlight leveraging technology, safeguarding IP, and securing funding to accelerate development in mRNA, CRISPR and CAR-T. ACI is delighted to bring you this new program, which is a holistic, end-to-end summit for therapeutic pioneers, innovators, investors, executives and their counsel to meet, assess, and shape the future development.

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Artificial Intelligence Art and Indian Copyright Registration

IP and Legal Filings

Introduction AI-generated art is booming, and the Indian Copyright Office is baffled. AI generated art is made autonomously by artificial intelligence without human creative input (see below for the artwork Dall-E 2 created in response to my suggestion “a machine painting a canvas”). Under the Indian Copyright Act , such works are classified as “computer generated works”.

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Google PTAB Wins Stand as CAFC Denies Patent Owner’s Bid for Director Rehearing

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today upheld in a precedential decision the U.S. Patent and Trademark Office’s (USPTO’s) denial of Director rehearing for two inter partes review (IPR) decisions in which the Patent Trial and Appeal Board (PTAB) found CyWee Group Ltd.’s U.S. Patent Nos. 8,441,438 and 8,552,978 unpatentable. The IPRs were brought by Google in 2018 challenging certain claims of the two patents, which cover 3D pointing devices.

Patent 75
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How Asian banks can regain the cross-border payments crown

McKinsey Operations

To retake a leading position in regional cross-border payments, Asian banks need to focus on growth areas, provide differentiated services, and update their operating models to match fintechs.

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Fed. Circ. Questions Cooley Culpability In CBD Patent Row

IP Law 360

A Federal Circuit panel on Wednesday appeared skeptical that there were undisputed facts great enough to justify an award of nearly $300,000 in legal fees and sanctions against law firm Cooley LLP stemming from an infringement suit over a cannabis patent.

Patent 75
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Registration of “SWISS MILITARY” and the red-and-white cross as trademarks for Chinese-made goods; not by us, rules the Delhi High Court

The IPKat

Kat friend Latha Nair reports on an interesting decision from India on the registrability of two marks--SWISS MILITARY and design, and the word mark SWISS MILITRY. In the case of Armasuisse v. The Trade Mark Registry & Ors , the Delhi High Court issued a common judgment in two appeals by Armasuisse from orders of the Indian Registrar of Trademarks (RoT), quashing the RoT’s orders.

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Fla. Judge Orders Halt To Infringing Canine Implant Sales

IP Law 360

A Florida federal judge on Wednesday ordered a Taiwanese company to stop distributing alleged infringing canine implants, ruling that a jury previously found that unlicensed similar models had violated the patent of a Johnson & Johnson unit and that continued sales are causing irreparable harm.

Patent 75
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As Supreme Court Case on Extraterritorial Trademark Disputes Heats Up, ABA Asks Justices to Consider Three-Part Test

IP Watchdog

The American Bar Association (ABA) filed an amicus brief on February 3 with the U.S. Supreme Court asking the Court to clarify issues related to the application of the Lanham Act to trademark disputes that cross international borders. The ABA filed the brief in the Abitron Austria GmbH v. Hetronic International, Inc. trademark case, in which the U.S.

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Cannabis Product Maker Sued For Stealing Co.'s Trademark

IP Law 360

German supplement company PM-International AG is suing a cannabis product maker over the use of its Nutrient Transport Concept — or NTC — trademark, saying the cannabis company copied the mark after its co-founder had worked as an independent distributor for PM.

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Logistics Disruptors: Flexe’s Karl Siebrecht on battling uncertainty with flexible logistics

McKinsey Operations

Flexe’s CEO explains how the logistics provider uses technology to create flexible warehousing, fulfillment, and distribution to help companies meet the ongoing demand for logistics solutions.

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AI-Generated Art Can't Be Protected By Copyright, Judge Told

IP Law 360

The U.S. Copyright Office urged a D.C. federal judge Tuesday to grant it a win in a lawsuit by an artificial intelligence researcher challenging a decision to reject his copyright on a computer-generated image, arguing that AI systems that create new works aren't eligible for copyright protection under the law.

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Fashion at McDonald’s: When a 'Happy Meal’ becomes an it-bag

The IPKat

In an interview with GQ magazine , Raf Simons said: "I'm inspired by people who bring something that I think has not been seen, that is original. It's not always about being new-new because who is new-new?". Indeed, it is difficult in fashion to escape the influence of the pre-existing. The fashion industry is based on repetition and derivation. It is therefore often a question of creating ‘new’ things while being inspired by pre-existing ones.

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Disco Bassist Must Give It Up, Judge Rules in Copyright Suit

IP Law 360

The former bassist for the '70s disco group KC and the Sunshine Band does not have any rights to the band's catalog because the musician missed the window to challenge a decades-old copyright agreement he made with Harry Wayne Casey, the "KC" in the popular band, a Florida federal judge has ruled.

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Seyfarth’s Trade Secrets Group Earns New International Ranking

Trading Secrets

World IP Review included Seyfarth’s team in the first Global Trade Secrets Rankings, which was announced in 2023. The World IP Review Global Trade Secrets Rankings are based on feedback from the market and reflect the fact that trade secret issues are cross border, complex, and high value. Find more information on the World IP Review website.

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Illustrator Tries Again To Keep $3.6M Infringement Award

IP Law 360

A Seventh Circuit panel on Wednesday pushed a supplements company to explain why it did not put up experts at trial to prove dozens of illustrations were really just two copyrighted works, in the company's second attempt to throw out a $3.6 million verdict for infringing the drawings' copyright.

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Federal Circuit Review - January 2023

JD Supra Law

Inventor’s Testimony Regarding Actual Reduction to Practice Was Sufficiently Corroborated In Dionex Softron GmbH v. Agilent Technologies, Inc., Appeal No. 21-2372, the Federal Circuit held that the PTAB did not err in considering evidence corroborating actual reduction to practice when determining priority in an interference proceeding.

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BREAKING: 'MetaBirkin' NFT Maker Held Liable In Key TM Trial

IP Law 360

A Manhattan federal jury on Wednesday held Los Angeles designer Mason Rothschild liable for trademark infringement for his 'MetaBirkins' non-fungible tokens, handing Paris fashion house Hermes a victory in a closely watched dispute that could impact future conduct in the world of fashion and NFTs.

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Two prosecution strategies that could help Scandinavian exports balance costs in 2023

IAM Magazine

Organisations worldwide are anticipating a reduction in consumer spending this year, making it vital for export-driven companies in Scandinavia to streamline their patenting processes and set reasonable expectations for scope of protection.

Patent 52
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Mug the Judge

Likelihood of Confusion

I would never suggest such a thing on the record, of course, but it is a Sunday and that is the name of the newest advertiser at LIKELIHOOD OF CONFUSION®. The post Mug the Judge appeared first on LIKELIHOOD OF CONFUSION™.

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Chief IP strategy officer sheds light on ZTE’s SEP portfolio management strategy

IAM Magazine

In an exclusive interview with Tim Pohlmann, Mang Zhu offers some insights into how she built one of the world’s largest 5G portfolios and, in the process, married key R&D goals with critical standards development work.

IP 52
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11th Circ. Says $35B L3Harris Deal Didn't 'Merge' IP

IP Law 360

The Eleventh Circuit on Wednesday affirmed a Florida court's finding that the way lawyers drew up a roughly $35 billion "reverse triangular merger" between L3 Technologies and Harris Corp. worked around an intellectual property deal that Harris had signed with the developer of a method of using heat from radio frequencies to extract oil.