Plagiarism Today
JANUARY 5, 2023
As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. The issue is simple. AI writing has evolved to a point where it can be difficult to distinguish between text written by a machine and text written by a human. That has been further compounded by the release of ChatGPT in November 2022.
The IPKat
JANUARY 5, 2023
Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ). In delivering its new judgment in the long-running (15+ years and counting!
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McKinsey Operations
JANUARY 5, 2023
Setting up a winning digital and advanced-analytics organization is hard. Decisions about talent and technology will often determine the transformation’s success.
TorrentFreak
JANUARY 5, 2023
A quote attributed to former UK Prime Minister Winston Churchill suggests that democracy is actually the worst form of government – except for all the others. It’s a depressing take on the political gold standard, but the full quote adds more nuance. Churchill said that when the people elect ministers and express their needs to them, those in power are shaped, guided, and controlled as servants of the people – not their masters.
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?
IP Watchdog
JANUARY 5, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued two orders denying mandamus relief for petitioners seeking to end the U.S. District Court for the District of Delaware’s “judicial inquisition” concerning disclosure of their owners and third-party litigation funders. Chief Judge Colm Connolly’s standing orders on initial disclosures in patent litigation cases have been the subject of much controversy and are presently being appealed at the CAFC in a separate case.
TorrentFreak
JANUARY 5, 2023
Streaming piracy has taken over from BitTorrent in most parts of the world, but this traditional file-sharing technology remains popular in the Netherlands. Anti-piracy group BREIN is well aware of BitTorrent’s popularity. In addition to targeting public torrent sites with site-blocking measures, BREIN has kept an eye on private torrent trackers too.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
JANUARY 5, 2023
Section 230. * Ayala v. Viator, Inc., 2021 Mass. Super. LEXIS 1151 (Mass. Superior Ct. Nov. 19, 2021): The claims in the Second Amended Complaint seek to hold Defendants liable for content created and published by Defendants, not a third party who then posted it on their website. Ms. Ayala specifically references Defendants’ statements that they “pre-screened local tour operators” and ‘”pre-vet them all’ to ensure an exceptional experience.” Moreover, he
IP Watchdog
JANUARY 5, 2023
On January 3, a total of 14 amicus briefs and one motion for leave to participate in oral argument were filed with the U.S. Supreme Court on the question presented by Amgen Inc. v. Sanofi, on which the Supreme Court granted certiorari this past November. While organizations representing the most powerful interests in the technology industry supported the Federal Circuit’s holding that Amgen’s patent claims were invalid for lack of enablement, a wide swath of patent stakeholders are urging the Su
IPilogue
JANUARY 5, 2023
Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. What did your Spotify Wrapped look like this year? As music streaming services grow in popularity, more people have included them as part of their daily lives. On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming.
McKinsey Operations
JANUARY 5, 2023
Growth in the availability and variety of real-world data, including nonhealth sources of data, opens up new opportunities, as well as challenges, in their application to real-world evidence and improving health outcomes.
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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.
Trading Secrets
JANUARY 5, 2023
Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements. The FTC included an overview fact sheet describing the proposed rule.
Stock Legal Blog
JANUARY 5, 2023
Despite our love for fixed fee Mergers and Acquisitions (M&A) legal services , we readily acknowledge that some deals and projects are better suited for the hourly legal fees model. In fact, it is only by making sure that all our fixed fee deals are appropriate to the program that we can sustain and grow our fixed fee M&A service.
Trading Secrets
JANUARY 5, 2023
Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements. The FTC included an overview fact sheet describing the proposed rule.
Patent Trademark Blog
JANUARY 5, 2023
Has your trademark application received a Section 2(d) likelihood of confusion rejection? So your trademark application has been refused registration on the basis that your mark is confusingly similar to at least one registered mark. How you do you show no likelihood of confusion? This is where the crowded field argument may help if you can gather sufficient supporting evidence.
JD Supra Law
JANUARY 5, 2023
Below are highlights from the Rx IP’s team’s 2022 updates (see also our Top 10 Rx IP Update Reads of 2022): Contents: 1. Patent decisions on the merits 2. PMNOC Regulations: Fifth-year anniversary of major amendments, marketing requirement 3. PMNOC Regulations: First amended section 8 cases scheduled for 2023 trials.
The IP Law Blog
JANUARY 5, 2023
Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry. The issue arose as a result of two standing orders issued by Judge Connolly. The first standing order requires non-governmental companies and corporations to disclose the name of every person all the way up the chain of ownership who has “a direct or indirect interest
JD Supra Law
JANUARY 5, 2023
On December 8 2022, the Federal Circuit in Google LLC v. Hammond Development Int’l, Inc. affirmed in part and reversed in part the PTAB’s final written decision of an IPR holding that Google failed to prove that certain claims of Hammond’s U.S. Patent No. 10,270,816 would have been obvious.1 The Federal Circuit held that some of the claims at issue were unpatentable based on collateral estoppel.
IIPRD
JANUARY 5, 2023
Introduction. A growing number of daily releases makes India’s copyright laws particularly important in. Evaluating the original author of such works is of critical importance in order to protect and further encourage individuals to partake in the creative business of creating movies, even though the audience watching such works may be unaware of the internal conflict occurring between the various stakeholders involved in such creative process.
JD Supra Law
JANUARY 5, 2023
Some brands are notoriously hyper vigilant when it comes to protecting their intellectual property, such as the National Football League enforcing its “Super Bowl” trademark. Others are more loose, such as Netflix which often allows fans to create content and host events incorporating trademarks and copyrights from hit shows like Stranger Things and Bridgerton.
Velocity of Content
JANUARY 5, 2023
CCC has again been named one of the Top Places to Work in Massachusetts in the 15th annual employee-based survey project from The Boston Globe. CCC ranked #17, up from #33 last year, in the “ large companies ” category (organizations between 250-999 employees). Top Places to Work recognizes the most admired workplaces in the state as voted on by employees.
JD Supra Law
JANUARY 5, 2023
The Federal Circuit recently addressed the issue of patent-eligible subject matter under 35 U.S.C. § 101 once again in ADASA Inc. v. Avery Dennison Corp., No. 22-1092, 2022 U.S. App. LEXIS 34765 (Fed. Cir. Dec. 16, 2022). The claim at issue in ADASA related to radio-frequency identification (RFID) transponders wherein the unique serial number encoded on the transponder is assigned in a specific manner.
The IPKat
JANUARY 5, 2023
Several years after the Court of Justice of the European Union (CJEU) held in Telekabel [ here ] that website blocking orders under Art. 8(3) of Directive 2001/29/EC against internet service providers (ISPs) are compatible with EU law, various courts in current (and former) EU Member States granted such orders, e.g. in Austria , Greece and the UK [ here and here ].
JD Supra Law
JANUARY 5, 2023
With the start of the new year, the ArentFox Schiff Hospitality Industry team reviews 10 of the most pressing legal issues for hospitality companies in 2023. 1. Potential Down Market Pressures. Interest rate increases are driving up the cost of capital on both debt and equity, which we expect to persist in 2023 until the Fed indicates that it has achieved its terminal interest rate increase.
IP and Legal Filings
JANUARY 5, 2023
INTRODUCTION. The origins of trade mark law can be traced back to the industrial revolution in the 18th century which is when the world experienced an explosion in the use of trade marks with the heightened production of goods and the acceleration of international trade. To individualize a product for the consumers, manufacturers began identifying their products with specific emblems, logos, or devices.
McKinsey Operations
JANUARY 5, 2023
By 2030, shared mobility could generate up to $1 trillion in consumer spending. New research reveals the trends and data to know.
IP Law 360
JANUARY 5, 2023
A California federal judge has pared a lawsuit claiming Facebook allowed an "epidemic" of intellectual property infringement to flourish on its platform, but refused to toss various copyright claims from the artist who launched the case.
Kluwer Copyright Blog
JANUARY 5, 2023
Photo by awsloley via Pixabay. It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. But we should also recognise the current extra push towards digitising tangible heritage.
IP Law 360
JANUARY 5, 2023
A Michigan man who claims the television crime drama "Power" defamed him by harmfully embellishing his life story agreed Thursday to settlement talks with Lions Gate Entertainment Corp. after a Manhattan federal judge said he should be ready to compromise.
IAM Magazine
JANUARY 5, 2023
New allegations demonstrate a growing overlap between patent and trade secret disputes
IP Law 360
JANUARY 5, 2023
The holder of the trademark on Puff Labs Stix nicotine vapes is suing rivals in California federal court claiming they are infringing on its Puff brand marks and confusing consumers, adding that the competitors have sent it meritless cease-and-desist letters.
Dragons' Den
JANUARY 5, 2023
New year brings high hopes, exciting beginnings, and a gripping new series of Dragons Den. Welcome back to all our readers as we kick off series 20 with our five favourite investors. I can’t quite believe Dragons’ Den has reached series 20 already- I was in primary school back when it started. But the last few series have been most memorable for me as we’ve continued to uncover the intellectual property in each episode.
IP Law 360
JANUARY 5, 2023
Rian Johnson's "Glass Onion: A Knives Out Mystery" involves not just a comedic whodunit, but also an intellectual property dispute that provides opportunities to assess the current state of inventorship law and best practices for navigating disputes, say Tasha Gerasimow at Kirkland & Ellis and attorney David Gerasimow.
LexBlog IP
JANUARY 5, 2023
In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1] This means that the patent claims must particularly point out and distinctly claim the subject matter the inventor or joint inventor regards as the invention.
IP Law 360
JANUARY 5, 2023
The Federal Circuit will hear arguments from some of the biggest names in the tech field that Patent Trial and Appeal Board judges don't have the power to reject patent challenges based on co-pending infringement suits in federal courts. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
LexBlog IP
JANUARY 5, 2023
On January 3, 2023, Samsung Bioepis announced that Health Canada has approved their citrate-free, high concentration (40 mg/0.4 mL) HUMIRA biosimilar, HADLIMA (also known as SB5). HADLIMA is indicated for the treatment of rheumatoid arthritis (RA), polyarticular juvenile idiopathic arthritis, ankylosing spondylitis (AS), psoriatic arthritis, adult Crohn’s disease, ulcerative colitis, adult and adolescent hidradenitis suppurativa, plaque psoriasis, adult and pediatric uveitis.
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