Mon.Dec 05, 2022

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Filmmakers Want to Link ISP Subscriber Data to ‘Pirating’ YTS and Reddit Users

TorrentFreak

WOW! is being sued by a group of smaller movie companies, including Millennium Media and Voltage Pictures. The filmmakers accuse the ISP of failing to terminate the accounts of subscribers who were repeatedly flagged for sharing copyrighted material. They want to hold WOW! liable for these pirating activities, which could lead to millions of dollars in damages.

IP 137
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Shortened Deadline to Respond to USPTO Office Actions Takes Effect for Trademark Applicants

IP Watchdog

If you are filing or have filed a trademark application with the United States Patent and Trademark Office (USPTO) you now have a shorter deadline to respond to Office Actions. The USPTO on Friday announced a new examination guide that implements changes mandated by the Trademark Modernization Act (TMA) of 2020 to the deadline for trademark applicants to respond to Office Actions from six months to three months with an optional three-month extension.

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What is blockchain?

McKinsey Operations

Blockchain is a secure database shared across a network of participants, where up-to-date information is available to all participants at the same time.

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SpicyIP Weekly Review (November 29- December 5)

SpicyIP

We bring you a number of IP updates this week! This time we have quick summaries of 2 blogposts and 2 opportunities, followed by case summaries of 30 court orders and decisions and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!).

Trademark 105
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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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The state of AI in 2022—and a half decade in review

McKinsey Operations

The results of this year’s McKinsey Global Survey on AI show the expansion of the technology’s use since we began tracking it five years ago, but with a nuanced picture underneath.

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Copyright implications of Augmented Reality for cultural goods – Part 1

Kluwer Copyright Blog

Image by Tumisu from Pixabay. Augmented Reality (AR) is a fast-evolving technology enabling the overlap of digital images with those from the real world. It makes use of several technological developments and in particular computing devices with wireless connectivity that let the user connect to the Internet and other devices in different places. Part 1 of this post outlines the technology, its applications in the cultural heritage sector and the potential copyright implications.

Copyright 103

More Trending

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Narrowing the Disclaimer Doctrine: Federal Circuit Cabins the Reach of Disclaimers in the IPR Context

JD Supra Law

OVERVIEW - The United States Court of Appeals for the Federal Circuit recently affirmed three Inter Partes Review (IPR) final written decisions of the U.S. Patent Trial and Appeal Board (“the Board”) where the Board concluded that petitioner, Trend Micro. Inc. (“Trend”), had shown the challenged patent claims in patentee, Cupp Computing AS’s (“Cupp”), U.S.

Patent 98
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The 2022 Law360 Pulse Prestige Leaders

IP Law 360

Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys, ability to secure accolades and positive legal news media representation.

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The USPTO And The FDA Join Hands To Promote Competition

JD Supra Law

On November 15, 2022, the Berkeley Center for Law and Technology hosted a webinar to address the recent, unprecedented collaboration between the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA).

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Meet the newest member of the consumer C-suite: The chief transformation officer

McKinsey Operations

More consumer companies are turning to chief transformation officers, but the role is often ill-defined. Here’s how organizations can empower this crucial position to drive holistic change.

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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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Patent Poetry: EU IP Board Reverses Decision on Banksy Monkey Trademark

JD Supra Law

The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy.

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Survey: Growth for top performers among mid-cap consumer companies

McKinsey Operations

Top performers among mid-cap consumer companies in Europe grow by outperforming in the core, moving into attractive adjacencies, and by very selectively launching new businesses.

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The Law Bytes Podcast, Episode 149: Ryan Clements on the FTX Collapse and Canada’s Approach to Crypto Regulation

Michael Geist

The stunning collapse of FTX, one of the world’s leading crypto exchanges, has not only shaken the crypto world but called into question the future of blockchain and digital assets. In a year of repeated failures and crashes, the calls for increased regulation are getting louder. Ryan Clements is a law professor at the University of Calgary, where he holds the chair in Business Law and Regulation and specializes in the regulation of fintech, blockchain and crypto-assets.

Law 82
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Navigating volatility: Six trends businesses should look out for

McKinsey Operations

Senior partner Tracy Francis identifies six moves businesses—particularly consumer companies—can make to build resilience in the face of tough economic circumstances.

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[BREAKING] UPC and Sunrise start dates pushed back by 2 months to 1 March 2023

The IPKat

The AmeriKat resting a bit easier with the UPC news An early holiday present for Unified Patent Court users this morning. This morning came the announcement that the start of the UPC is being pushed back by two months. The start of the Sunrise Period has moved from 1 January 2023 to 1 March 2023 , thus making the official start of the UPC being 1 June 2023.

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Could supply-chain issues derail the energy transition?

McKinsey Operations

Electric-vehicle penetration is the biggest driver of oil demand declines in the energy transition. However, emerging supply bottlenecks for key battery materials could be an unexpected barrier.

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En Banc Question: When does Remote Work Become an “Established Place of Business?”

Patently-O

by Dennis Crouch. In re Monolithic Power Systems, Inc. (Fed. Cir. 2022) ( MonolithicEnBancPetition ). Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. 21-cv-00655. Monolithic did not want to be a defendant before Judge Albright and so moved to dismiss/transfer: to dismiss/transfer the case for improper venue, 28 U.S.C. 1400(b), and alternatively. to transfer the case on convenience grounds. 28 USC 1404(a).

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How consumer companies can embrace change amid volatility

McKinsey Operations

Senior partner Dymfke Kuijpers shares more on being a business ‘triathlete’, and how consumer companies can embrace three mindsets to navigate current economic headwinds.

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Supreme Court Denies Centripetal’s Petition Asking for Clarification on Judicial Recusal Statue

IP Watchdog

The U.S. Supreme Court today denied certiorari in Centripetal Networks v. Cisco Systems, Inc., a case that asked the Court to consider the question “[w]hether placing stock in a blind trust satisfies [28 U.S.C.] §455(f) and, if not, whether…[it] constitutes harmless error under Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847 (1988).” James Edwards, a consultant to Centripetal and to amici Eagle Forum ELDF and Committee for Justice, as well as head of amicus, Conservatives for Proper

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How companies can build institutional and individual resilience

McKinsey Operations

Our Asia chairman, Gautam Kumra, discusses how companies can emerge stronger from current economic conditions through building institutional and individual resilience.

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'Nirvana Baby' Tells 9th Circ. He Didn't Wait Too Long To Sue

IP Law 360

The Ninth Circuit is taking on an appeal involving Nirvana's iconic 1991 "Nevermind" album art featuring a photo of a naked baby after the cover's subject challenged a lower court's decision that he waited too long to file a child pornography suit over the image.

Art 75
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Destination zero: An action plan for shipping CEOs

McKinsey Operations

The transition to zero carbon can be a value-generating opportunity for shipping companies—if they are proactive and purposeful, rather than reactive and defensive.

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Fed. Circ. Mulls Results From First Virtual Patent Trial

IP Law 360

The mechanics of the first-ever virtual patent trial in the U.S. drew some questions at the Federal Circuit on Monday, with one judge asking if any footage was taken to ensure that jurors were actually looking at Valve Corp. video game controllers that were sent by mail and ultimately were found to willfully infringe a controller patent.

Patent 75
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Capturing opportunities in an interconnected world

McKinsey Operations

McKinsey Global Institute partner Jeongmin Seong tells us more about how businesses can leverage global networks and flows to capture opportunities for innovation and growth.

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Fed. Circ. Hones Competition Chops In Apple Antitrust Case

IP Law 360

The Federal Circuit is in its element when dissecting the complicated intricacies of patent law, but when it comes to competition law, the panel hearing arguments on Monday in a dispute accusing Apple of pilfering an email application's tech wanted to be sure they had a grip on the situation.

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Nature in the balance: What companies can do to restore natural capital

McKinsey Operations

Specific corporate actions, many with a positive return on investment, could help reverse the trend of the depletion of natural capital.

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Avid Accused Of Copying 'DudeWithSign' Instagram Photo

IP Law 360

The creator of a popular meme account on Monday filed a new copyright lawsuit accusing software firm Avid Technology of using the "celebrity and influence" of the "DudeWithSign" Instagram account to boost its own business.

Copying 75
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Bracing for headwinds: How banks can navigate disruption

McKinsey Operations

Senior partner Joydeep Sengupta discusses how banks can navigate headwinds and capture opportunities in the next 12 to 18 months.

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512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

It’s typically pointless to bring a 512(f) claim because the law makes it almost impossible to win. Plus, 512(f) plaintiffs have to consider the possibility of a costly fee shift against them. The plaintiff in this case claims that the defendant’s takedown notices got it permanently banned in Reddit. Nevertheless, the court concludes that the plaintiff’s 512(f) suit was objectively unreasonable because: the state law claims had been previously dismissed in state court. “P

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Placing a premium on resilience: How businesses can thrive through volatility

McKinsey Operations

Senior partner Oliver Tonby shares four ways Asian businesses can anticipate and weather oncoming economic storms to emerge stronger.

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Monday Miscellany

The IPKat

Temperatures are dropping – but not the weekly summary of events and opportunities that The IPKat suggests to you! " Snow Cat " by ethanol76 is licensed under CC BY-SA 2.0. Events and opportunities The British group of UNION IP (Union of European Practitioners in Intellectual Property) is organising a meeting with The Honourable Mr Justice Meade. The meeting will take place in London, at the Royal Overseas League on Thursday 8 December from 6pm.

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This Week in Washington IP: Marking Up the American Music Fairness Act, Licensing Patents in the Internet of Things, and Exploring Chinese Patent Licensing and Enforcement Policies

IP Watchdog

This week in Washington IP news and events, the House Judiciary Committee convenes a hearing Wednesday afternoon to mark up a new copyright bill that would require AM/FM radio stations to pay copyright royalties to music creators. Over in the Senate, the Agriculture Committee explores the research and innovation programs that could be funded through the next iteration of the Farm Bill that will pass Congress next year.

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CPPA: problems and criticisms – anonymization and pseudonymization of personal information

Barry Sookman

Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Implementation Act ( “DIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA).

Privacy 57
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Putting the Appeals of Both Sides to Bed: PTAB Rulings on the Patentability of Systems and Methods for Adjusting Air Pressure in a Mattress Affirmed

IP Tech Blog

The Federal Circuit recently handed down an informative decision in American National v. Sleep Number Corporation affirming the Patent Trial and Appeal Board’s final decisions in two inter partes reviews finding some claims patentable and some claims not patentable. The claims at issue related to the systems and methods for adjusting pressure in an air mattress in less time and with greater accuracy than the prior art.

Patent 57
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USDA’S PVP System Embraces Transgenic And Gene Edited Plants

JD Supra Law

Plant Variety Protection (PVP) is a form of intellectual property protection administered through the United States Department of Agriculture (USDA) for new varieties of plants.

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