Fri.Mar 31, 2023

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Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger

Michael Geist

Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy.

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Canadian ISPs Blocked Pirate IPTV & Logged Customer IP Addresses

TorrentFreak

When the first pirate site blocking applications began to gather momentum in Europe, those concerned about where it all might lead spoke of slippery slopes and thin ends of wedges. More than 15 years later, judges in dozens of countries have not only approved blocking injunctions that target static sites but are also happy to hand down flexible orders designed to rapidly counter new domains, proxies, and mirrors.

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Fulfilling the potential of US higher education

McKinsey Operations

With bold, decisive action, the US higher education sector could expand its impact, deliver on its promise of more-equitable outcomes, and improve the nation’s economic competitiveness.

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A.I. Paintings: Registrable Copyright? Lessons from Ankit Sahni

IPilogue

Govind Kumar Chaturvedi is an IPilogue Writer and an LLM graduate from Osgoode Hall Law School. Recently, while hearing the debates about AI and authorship, I was intrigued about whether A.I. assisted works could be given protection and whether I could get an image I had made with an A.I. registered and could fulfill my lifelong dream of being a painter.

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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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"Paris" on makeup doesn't itself indicate origin

43(B)log

Eshelby v. L’Oréal USA, Inc., 2023 WL 2647958, 22 Civ. 1396 (AT) (S.D.N.Y. Mar. 27, 2023) Eshelby sued L’Oréal over its use of “Paris” (including as part of the brand name “L’Oréal Paris”) and French-language text in ads and on the front of packages when the products aren’t made in France. They say in fine print on the back or side of the packaging that they are manufactured in the United States or Canada.

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7th Circ. Kicks Back Illustration Infringement Case, Again

IP Law 360

A Seventh Circuit panel on Friday threw out an illustrator's $3.6 million copyright infringement award and ordered a new damages trial to determine whether more than 30 of her illustrations amount to just two copyrighted compilations of work, chiding a lower court for entering summary judgment "based on the exact record we previously found insufficient.

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Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

JD Supra Law

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that effort, when consumers see or hear your brand’s name, they instantly think of your goods and services. Now, imagine….

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Work the core: How auto suppliers can get fit for the EV transition

McKinsey Operations

As the light-vehicle automotive industry goes electric, some components will change, but many will remain similar or the same. Suppliers will continue to create value by focusing on the core.

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Women’s History Month: Engaging Women Worldwide Through Trade

U.S. Department of Commerce

Women’s History Month: Engaging Women Worldwide Through Trade March 31, 2023 DJohnson3@doc.gov Fri, 03/31/2023 - 12:58 Camille Richardson, Deputy Assistant Secretary for the Middle East and Africa, International Trade Administration As we reach the end of Women’s History Month 2023, I thought this would be a good time to reflect on my career journey and appreciate the women who have inspired and uplifted me over the past 30 years at the Commerce Department’s International Trade Administration

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US IP counsel scrutinise foreign filings amid economic concerns

Managing IP

Counsel are looking at enforceability, business needs and cost savings when filing for patents overseas

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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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VirnetX Loses Latest Patent Battle at CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit on Thursday upheld two Patent Trial and Appeal Board (PTAB) decisions finding VirnetX’s patent claims unpatentable in inter partes review (IPR) challenges brought by Apple, Inc. and Mangrove Partners. The dispute relates to VirnetX’s U.S. Patent Nos. 6,502,135 and 7,490,151, which are directed to a “secure mechanism for communicating over the internet.

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Building a biodiverse foundation: An interview with Katie Critchlow

McKinsey Operations

Katie Critchlow, CEO of NatureMetrics, discusses how infrastructure companies can measure the impact they have on the planet.

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Apple Freed From $576M Trial Loss By Fed. Circ. Patent Ax

IP Law 360

One day after upholding Patent Trial and Appeal Board decisions that claims of two VirnetX network security patents are invalid, the Federal Circuit on Friday vacated a $576 million judgment against Apple for infringing those patents.

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Automotive powertrain suppliers face a rapidly electrifying future

McKinsey Operations

More quickly than expected, powertrain electrification is creating both pressure and opportunities for the supplier network.

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How to Select Office Art that Makes You Happier and More Productive

Art Law Journal

Did you know your choice of office art can have a profound effect on your mood and creative output? Discover the secrets to enlivening your workspace and our top picks for decorating this essential space!

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Alfred v. Walt Disney Company: Decoding the concept of Substantial Similarity with respect to the Pirates of the Caribbean lawsuit

IP and Legal Filings

Introduction In order to determine copyright infringement , the ‘substantial similarity test’ has routinely been employed by the US Courts. One such case is the case of Alfred v. Walt Disney Co. , which having been disposed of by the District Court in 2019, has come back to life after the Ninth Circuit recently reversed the District Court’s judgement.

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Scaling—and funding—next-gen satellites for the coming commercial boom

McKinsey Operations

Capella Space was the first US company to develop high-resolution SAR technology for government and defense clients. Now an increasing number of commercial clients are using its data to help them make better decisions.

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Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive

IP Watchdog

This week in Other Barks & Bites: the Federal Circuit affirms the Patent Trial and Appeal Board’s invalidation of VirnetX patent claims supporting a $502 million verdict against Apple; the U.S. Solicitor General asks the Supreme Court to overturn an infringement ruling against Teva’s skinny label for carvedilol; the Trademark Trial and Appeal Board reverses a trademark examiner’s refusal to register several column titles for The New York Times; the UK High Court invalidates robotics warehou

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TTAB Posts April 2023 Hearing Schedule

The TTABlog

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of April 2023. Five of the hearings will be held via video conference; three will be held "in-person" in Alexandria, VA. Briefs and other papers for each case may be found at TTABVUE via the links provided. April 11, 2023 - 1 PM [Virtual]: In re Panini America, Inc. , Serial No. 88949961 [Refusal to register SIGNATURE SERIES for "Collectible trading cards; Sports trading cards," on the ground

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IP Owners Beware: The Fast Approaching European Unitary Patent System and Unified Patent Court

JD Supra Law

Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for business on 1 June 2023. Applicants and owners of European Patents (EP) unaware of the scope of changes may lose valuable rights in their inventions.

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Officials Warn Of Supply Chain Attack On Conferencing App

IP Law 360

A cyberattack on a video conferencing app operated by software company 3CX that security firms have attributed to a nation-state-backed group could impact some of the company's hundreds of thousands of clients worldwide, U.S. cybersecurity officials have warned.

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Copyright Office Addressing AI

LexBlog IP

These days, does a week go without something new in the artificial intelligence (AI) world? This week the Copyright Office issued a Policy Statement to “clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence technology.” The use of AI creates interesting and complicated challenges with respect to various copyright issues, including protectability, ownership, and infringement.

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Goodyear Gets $64M Verdict Axed In Trade Secrets Trial

IP Law 360

An Ohio federal judge on Friday set aside a jury's $64 million verdict finding that Goodyear Tire & Rubber Co. stole a European inventor's ideas for self-inflating tires, saying the alleged trade secrets weren't definite enough and shouldn't have been sent to the jury.

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Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and Litigation Financing

JD Supra Law

Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is a share of any damage award or licensing revenue generated as a result of the lawsuit.

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Copyright Office Addressing AI

Above the Fold

These days, does a week go without something new in the artificial intelligence (AI) world? This week the Copyright Office issued a Policy Statement to “clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence technology.” The use of AI creates interesting and complicated challenges with respect to various copyright issues, including protectability, ownership, and infringement.

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Minister of Health announces National Strategy for Drugs for Rare Diseases

JD Supra Law

On March 22, 2023, the Minister of Health announced the first-ever National Strategy for Drugs for Rare Diseases. This strategy includes $1.5 billion invested to “increase access to, and affordability of, effective drugs for rare diseases to improve the health of patients across Canada, including children.” Funding will be directed as follows.

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The Fed. Circ. In March: Challenges To USPTO Rulemaking

IP Law 360

The Federal Circuit's March ruling in Apple v. Vidal upholds the U.S. Patent and Trademark Office's discretion to create guidelines for when to deny inter partes review, but it will also open the gates for plaintiffs in district courts to protest the procedures under which informal rules, such as the Fintiv and NHK standards, were adopted, says Paul Stewart at Knobbe Martens.

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CCPA Regs Made Final

LexBlog IP

This post was originally published on Seyfarth’s Global Privacy Watch blog. This just in.March 30, 2023. The California Office of Administrative Law has approved the CCPA Regulations and they are effective immediately. The text has not changed substantively since the modifications proposed late last year. Without further ado, please read the CPPA’s announcement here.

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4 Potential Paths For High Court In Amgen Patent Case

IP Law 360

Though oral argument in Amgen v. Sanofi notably showed agreement between the parties on multiple points related to patent law's enablement requirement, this U.S. Supreme Court case holds a number of possible outcomes, and each would carry its own set of practical implications, says Will Milliken at Sterne Kessler.

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The Briefing by the IP Law Blog: USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures

LexBlog IP

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

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CAFC Holds Priority Favors True Trailblazers, Not Maze-Like Paths Through a Forest of Prior Applications: Regents of the University of Minnesota v. Gilead Sciences, Inc., (Federal Circuit 2023)

JD Supra Law

The Court of Appeals for the Federal Circuit (“CAFC”) recently upheld a decision of the Patent Trial and Appeal Board (“PTAB”) that found some claims of U.S. Patent 8,815,830 (“the ’830 patent”) unpatentable as anticipated. The ’830 patent’s owner, the Regents of the University of Minnesota (“Minnesota”), argued before the PTAB that the petition for….

IP 52
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Tired of Those Pesky Subscriptions and Memberships? Click here!

LexBlog IP

Many of us (including myself) have so many subscriptions and memberships that it can be hard to keep up. Have you ever tried to cancel a membership and felt like you had to spin around, clap three times and hop on one foot just to cancel? If so, the Federal Trade Commission (“FTC”) has proposed a solution just for you. The FTC has proposed a “click to cancel” provision that would require sellers to make it just as easy to cancel an enrollment as it was to sign up.

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Countdown to June 1: Unitary Patents and Unified Patent Court Decisions Loom for European Patent Owners

JD Supra Law

This article is based on a Feb. 2023 Womble Bond Dickinson webinar featuring WBD Partners James Love (UK) and Ryan Cagle, Fabio Marino and Karthika Perumal (U.S.). Patent owners soon will be entering a brave new world when establishing and enforcing European patents.

Patent 52
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“Gruyere” Not Protectable with the USPTO

Above the Fold

In Interprofession du Gruyere v. U. S. Dairy Exp. Council , 61 F.4th 407 (4th Cir. 2023), two European cheesemaking consortiums sought appellate review of a USPTO ruling, which sustained American cheesemaking companies’ opposition to the consortiums’ application to certify the mark “gruyere.” The United States District Court for the Eastern District of Virginia granted the American cheesemaking companies’ motion for summary judgment, which was affirmed by the Fourth Circuit on appeal.

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Issue 40: PTAB Trial Tracker

JD Supra Law

Precedential Opinion Addresses Conclusory Expert Declarations - In a precedential opinion in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (P.T.A.B. Aug. 24, 2022), the Board denied institution of an inter partes review challenging certain claims of U.S. Patent No. 10,360,567.

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