Tue.Feb 14, 2023

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3 Count: Cataract Case

Plagiarism Today

J&J settles case over cataract surgery tools, EFF and GitHub back Yout in case against RIAA and beware fake Mahomes NFTs. The post 3 Count: Cataract Case appeared first on Plagiarism Today.

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Introducing Brands on the Run

Erik K Pelton

Have you seen our new short videos featuring on location brand and trademark tips You can find Brands on the Run SM on TikTok ( [link] ) or Instagram ( [link] ) or YouTube ( [link] ). Let us know what you think! The post Introducing Brands on the Run appeared first on Erik M Pelton & Associates, PLLC. Have you seen our new short videos featuring on location brand and trademark tips You can find Brands on the RunSM on TikTok ([link] or Instagram ([link] or YouTube ([link] Let us know what you

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5 AI-Related Questions for Academia

Plagiarism Today

The threat of AI writing is here today. But while schools are worried about cheating, there are other questions that need asking. The post 5 AI-Related Questions for Academia appeared first on Plagiarism Today.

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Bungie Requests $12 Million in Damages from Veterancheats

TorrentFreak

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Several game companies including Take-Two Interactive and Epic Games have taken cheaters to court in the United States. More recently, American video game developer Bungie has been rather active as well. Bungie is known for the Halo and Destiny series, which have millions of fans around the world.

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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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“Smart Nation” Building in Singapore

IPilogue

Henry Rhyu is a 1L JD Candidate at Osgoode Hall Law School. This article is a summary of the author’s dissertation written as part of his program requirement for his MSc in Criminology at the University of Oxford. After decades of political instability and economic turmoil during the 20th century, Singapore has advanced into one of the wealthiest countries in the world.

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IPTV Piracy: Cloudflare Says Thousands of Legal Sites Blocked Multiple Times

TorrentFreak

Last month the European Commission (EC) issued a call for evidence to support an incoming “toolbox” of measures to combat live sports piracy. The announcement followed a huge campaign by rightsholders last October. Organizations and companies, including the MPA, UEFA, Premier League, beIN, LaLiga, Serie A, Sky, and BT Sport, called on the EC to introduce new law that would compel intermediaries to take pirate streams offline within minutes of a complaint.

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Trademark do it yourself?

Likelihood of Confusion

Aaron Franklin, co-founder of LazyMeter — an intriguing project that’s still in Beta but is not what it sounds like — writes as follows on Seattle 2.0: At first glance, a. The post Trademark do it yourself? appeared first on LIKELIHOOD OF CONFUSION™.

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Allergan USA, Inc. v. Sun Pharm. Indus. Ltd.

JD Supra Law

Case Name: Allergan USA, Inc. v. Sun Pharm. Indus. Ltd., No. CV 19-1727-RGA, 2022 WL 16921800 (D. Del. Nov. 14, 2022) (Andrews, J.) Drug Product and Patents-in-Suit: Viberzi® (eluxadoline); U.S. Patents Nos. 9,675,587 (“the ’587 patent”), 10,188,632 (“the ’632 patent”), 11,007,179 (“the ’179 patent”), 11,090,291 (“the ’291 patent”), 11,160,792 (“the ’792 patent”), 11,229,627 (“the ’627 patent”), and 11,311,516 (“the ’516 patent”).

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“A crippling but necessary deterrent”

Likelihood of Confusion

Last week, on July 19th, the Southern District of New York put the pedal to the Lanham Act metal in in Coach v. Allen. It’s a summary judgment imposing molto statutory damages — The post “A crippling but necessary deterrent” appeared first on LIKELIHOOD OF CONFUSION™.

Law 98
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My Word! Design Patents on a Typeface

JD Supra Law

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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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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The American Society for Microbiology Adopts CCC RightsLink for Scientific Communications to Manage its Growing Open Access Program

Velocity of Content

The American Society for Microbiology (ASM), has adopted CCC RightsLink for Scientific Communications (RLSC) to manage its growing OA program. ASM is one of the largest life science societies, composed of more than 30,000 scientists and health professionals. ASM’s mission is to promote and advance the microbial sciences through conferences, publications, certifications, educational opportunities, and advocacy efforts.

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“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

JD Supra Law

Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT collection of “MetaBirkins” infringed and diluted the famous Hermès Birkin handbag and associated trademarks, and the artist’s use of the domain name MetaBirkins.com constituted cybersquatting.

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Developments and Directions in IP Law: Celebrating 20 Years of The IPKat

The IPKat

Merpel is delighted to announce that she has always been is now a cover model, featured on the front of an edited collection, curated to celebrate the 20th birthday of her best friend, The IPKat! The IPKat is now not only the “Most Popular Intellectual Property Law Blawg” but also has its own published collection! The book, Developments and Directions in Intellectual Property Law: 20 Years of The IPKat , is edited by Kats Hayleigh Bosher and Eleonora Rosati and includes contributions from 46 Kat

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Jury Sides with Hermès in Pivotal NFT Trademark Case

JD Supra Law

On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens (NFTs) of METABIRKINS in the metaverse, thereby infringing and diluting Hermès’ BIRKIN mark that is used for luxury handbags.

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Portland Trail Blazers In-House Counsel Joins Stoel Rives

IP Law 360

The Portland Trail Blazers' general counsel has rejoined Stoel Rives LLP, the Portland, Oregon-based firm he left 15 years ago for an in-house role at the National Basketball Association franchise.

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"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

JD Supra Law

In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks.

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Has mining lost its luster? Why talent is moving elsewhere and how to bring them back

McKinsey Operations

A well-managed, motivated, and trained workforce has been a core driver for productivity and safety in mining; an unprecedented skills shortage in the mining industry is elevating talent to the top of miners’ agendas.

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Attorney Fees for Not Quickly Dropping Meritless Lawsuit

Patently-O

ZT IP, LLC v. VMware, Inc. , 3:22-CV-0970-X, 2023 WL 1785769, at *1 (N.D. Tex. Feb. 6, 2023) [ ZT VMWare Sanctions Opinion ] William Ramey filed this case on behalf of ZT in 2022 alleging that VMWare’s ESX 1.5 infringed U.S. Patent No. 7,647,583. The problem though is that VMWare’s accused product was on the market more than one-year before Zeidman’s application priority filing date.

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Need of specialized intellectual property courts in India

IP and Legal Filings

Introduction India publicly acknowledged the importance of safeguarding and upholding intellectual property rights by signing the World Trade Organization agreement on trade-related aspects of those rights. The goal of trips, the most comprehensive global agreement on intellectual property, is to safeguard the works of literary genius throughout the entire world.

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What Are the Advantages of One-Piece Flow?

Christopher Roser

One-piece flow is strongly connected to lean manufacturing. It moves each product to the next stage as soon as it is completed at the previous stage in the value stream. This brings lots of benefits. While I have written about one-piece flow before, in this post I would like to go into detail on the. Read more The post What Are the Advantages of One-Piece Flow?

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Apologies Without Accountability: Canadian Heritage Committee Seeks Answers on Government Funding an Anti-Semite

Michael Geist

The Standing Committee on Canadian Heritage conducted a long-overdue hearing yesterday on the department’s funding of Laith Marouf , a known antisemite, as part of its anti-hate program. The hearing, which was held almost seven months after the issue began to attract to public attention, featured departmental officials answering questions from MPs seeking to understand how this could have occurred.

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USPTO Asks Whether AI Inventorship Uncertainty Requires Change

IP Watchdog

The United States Patent and Trademark Office (USPTO) is requesting public comments on artificial intelligence (AI) and inventorship via a Federal Register Notice published today, February 14. The Office has sought comment on the topic before, but not since its decision to deny patent protection to inventions created by Stephen Thaler’s artificial intelligence (AI) machine, DABUS.

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Is OpenSea Doing Enough to Protect NFT Buyers & Sellers?

Traverse Legal Blog

Non-fungible tokens, or NFTs, have become increasingly popular in recent years. As a result, the number of NFT-related thefts has risen as well. One standard method that scammers use to steal NFTs is by sending a link to a user that, when clicked, compromises the user’s wallet and allows the thief to transfer the valuable NFT to their own account.

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CAFC Reverses District Court Claim Construction in Fuel Tank Sensor Case

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion on Monday that reversed and vacated in part a previous lower court ruling in a patent case related to fuel tank sensors. In 2020, SSI Technologies filed a lawsuit against Dongguan Zhengyang Electronic Mechanical LTD (DZEM), alleging infringement of two patents that covered fuel tank sensor technology.

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The McKinsey Crossword: Love Is Love | No. 115

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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Jazz Argues Drug Patent Should Stay In Orange Book

IP Law 360

Jazz Pharmaceuticals tried to convince the Federal Circuit in oral arguments on Tuesday to overturn a lower court order to remove its patent for its narcolepsy drug from the Food and Drug Administration's Orange Book, but the judges questioned if Jazz was overcomplicating the case.

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6 Creative Ways to Inspire Students to Learn More About Intellectual Property

IP Close Up

Invention and creative expression are a journey, not a one-step process accompanied by a flash of light.

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NY Judge Trims Influencer Cos.' Sparring Trade Secrets Suits

IP Law 360

A New York federal judge has pared down dueling trade secrets disputes between rival influencer marketing firms over purportedly stolen employees and web source code, axing some antitrust and racketeering allegations before consolidating the suits.

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Retromark: the conference is back on 2 May – sign up now!

The IPKat

RetroKat The fourth annual Retromark conference returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 2 May. This year, the keynote speech will be delivered by His Honour Judge Richard Hacon, Presiding Judge of the Intellectual Property Enterprise Court. Starting at 2pm and finishing with drinks and canapes from 6:15pm at Simmons’ offices in Citypoint, Moorgate , the full line up is below: 14:00-14:30 – Reg

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Evaluating Royalty Analysis Admissibility In Patent Cases

IP Law 360

The District of Minnesota's recent decision in Willis Electric v. Polygroup to admit royalty testimony should prompt damages experts to consider the case-specific facts and circumstances in establishing whether post-hypothetical negotiation agreements are probative for reasonable royalty analysis, say Sherry Zhang, Joanne Johnson and Sarah Zhu at Ocean Tomo.

Patent 75
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Never too Late: If you missed the IPKat last week!

The IPKat

Another week has come to an end but it's not too late to catch up with the latest IPKat posts. “IP is my passion” says the Kat Copyright This Kat noticed that the Parisian couture house Saint Laurent has been selling a handbag model, the Take-Away Box, which is seemingly inspired by the packaging of McDonalds' children's menu, the Happy Meal. This Kat wondered on what basis the fast food company could sue Saint Laurent , if such a dispute were ever to arise.

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Philips Notches X-Ray IP Win After Defendant Goes Silent

IP Law 360

An Illinois federal judge on Monday declared Philips Medical Systems winner by default in a trade secret lawsuit involving its X-ray tube designs, after finding one of the targeted companies is apparently defunct and without an attorney.

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Commerce Celebrates Its 120th Birthday!

U.S. Department of Commerce

Commerce Celebrates Its 120th Birthday! February 14, 2023 KCPullen@doc.gov Tue, 02/14/2023 - 11:34 By Iris Fan, Intern, Office of the Secretary, Office of Public Affairs Today marks the 120th anniversary of the creation of the U.S. Department of Commerce. The Department of Commerce was originally the U.S. Department of Commerce and Labor, originating on February 14, 1903.

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Managing IP Asia-Pacific Awards 2023: shortlists announced

Managing IP

The winners of the Managing IP Asia-Pacific Awards 2023 will be announced in Singapore on the week of May 15

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Policy Matters Podcast: FTC’s Crackdown on Non-Competes Through Agency Rulemaking Part 2

Trading Secrets

In this episode, Scott Mallery , Dan Hart , and Robert Milligan discuss the FTC’s authority to issue such a broad proposed regulation, and what constitutional challenges to that authority will likely look like. In addition, we discuss legislation that has been introduced in Congress that would not only do essentially the same thing the FTC’s proposed rule would do, but it would also increase the FTC’s ability to regulate in this space.

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