Wed.Jul 06, 2022

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3 Count: Royalty Raise

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Copyright Royalty Board Confirms Streaming Royalty Raise for Publishers and Songwriters. First off today, Jem Aswad at Variety reports that, in the United States, the Copyright Royalty Board (CRB) has reaffirmed the 15.1% headline rate for the 2018-2022 period. The rate was originally decided in 2018 but all the major streamers, barring Apple, appealed it saying that the increase was too great.

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MPA: Openload Piracy Investigation Hit “Dead End” Due to Fake Customer Info

TorrentFreak

In response to a call for evidence from the House of Lords Committee on the Fraud Act 2006 and Digital Fraud, various companies, groups and organizations have been submitting their views on how the UK can tackle the rise in fraud. The consultation closed last month and among the submissions is one headed up by the MPA with support from various entities including BBC, BPI, BSkyB, Premier League, FACT, IFPI, ITV, Publishers Association and UK Music.

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It’s Time to Give Up on the Charade of U.S. Patent Protection: Most Patents are Now Officially Invalid under American Axle

IP Watchdog

Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014. I stopped counting several years ago, when the number of petitions—pleas begging for help really—crossed over 50.

Patent 128
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Climate impact of plastics

McKinsey Operations

Plastics are frequently criticized for everything from their toxicity to their contributions to ocean pollution, but they play an important role in reducing greenhouse gas emissions.

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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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Anti-Piracy Lawyer Wins ‘Unique’ YTS Trademark Case Against Pirate Sites & Apps

TorrentFreak

Two years ago, Hawaiian anti-piracy lawyer Kerry Culpepper turned some of the most popular piracy brands into a powerful anti-piracy tool. The attorney, who is listed as director of the company ’42 Ventures,’ registered several piracy-related trademarks, including ‘YTS’ and ‘Popcorn Time.’. The company, which was founded a year earlier, legally claimed these marks and uses them on a website that doesn’t draw any significant traffic.

Trademark 118
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Celebrating British IP Day with great success stories 

Intellectual Property Office Blog

At the Intellectual Property Office we like to celebrate intellectual property every day. British IP Day, however, gives us that extra excuse for sharing some great IP success stories. We spoke to three very different companies whose valuable Intellectual property has elevated their success to another level. Together with support from Local Enterprise Partnerships, the Growth Hubs and partners Innovate UK Edge, they have used IPO’s free IP business tools and the IP Audit scheme to identify and u

IP 113

More Trending

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HealthCos are Accumulating Patents Aggressively in Electronic Records and Personalized Medicine

IP Close Up

Major areas of technology, such as healthcare, have experienced inordinately high numbers of patent grants over the past decade, but according to the latest research Continue reading.

Patent 107
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How inflation is flipping the economic script

McKinsey Operations

The troubling trend is spilling over into every corner of the global economy, with dramatic effects. McKinsey Global Publishing looks into the stories emerging from the data.

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Munck Wilson Expands To Waco With Experienced Patent Atty

IP Law 360

Munck Wilson Mandala LLP announced that it has opened a new office in Waco, Texas, with the hire of a longtime patent attorney who's spent over two decades practicing out of the patent litigation hotbed as a partner.

Patent 98
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Global Economics Intelligence executive summary, June 2022

McKinsey Operations

High energy prices stoke inflation; central banks chart tightening course; supply challenges persist and industry struggles to meet demand.

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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 Biggest Patent Rulings Of 2022: A Midyear Report

IP Law 360

In the first half of 2022, the Federal Circuit made key rulings tying induced infringement to willfulness and expanding the scope of estoppel in the America Invents Act, both while wiping a series of high-dollar verdicts. Here's a look back at the biggest patent decisions so far this year.

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High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

JD Supra Law

In the recent case of The European Union vs. Union of India and Ors., W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. By way of background, the Petitioner had initially engaged a European law firm (M/s.

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Trust Companies Survey 2022: Reputational Risk

Herbert Smith Freehills

This year, respondents said that the fourth greatest challenge to their business was reputational risk for clients in being associated with trust structures and offshore jurisdictions. It was on 3 April 2016 that the International Consortium of Investigative Journalists (" ICIJ ") and its media partners published the first reports linked to the Panama Papers.

Editing 97
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USPTO Registers the Word “THE” as a Trademark for Ohio State

JD Supra Law

The trademark THE has just been registered by the United States Patent and Trademark Office (“USPTO”) to The Ohio State University (“OSU”) for t-shirts, ballcaps, and hats. Yikes! What does this mean for others wanting to use the word “The”?

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Converging energy markets in pursuit of a net-zero world

McKinsey Operations

Renewable-fuel regulations are creating new connections between commodity markets. An analysis of convergence events over the past two decades can help players navigate transitions in the years to come.

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The UK Government Has Published Its ?Response to Its Consultation on Artificial ?Intelligence and ?Intellectual Property

JD Supra Law

The UK Government on 28 June 2022 published its response to its Consultation on Artificial Intelligence (“AI”) and Intellectual Property (“IP”). The Consultation examined three areas of IP where the capability of AI has started to challenge traditional notions of IP; protection of computer-generated works (“CGWs”), the use of text and data mining (“TDM”), and patent protection for AI-devised inventions.

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The future of sales and service for off-highway-equipment dealers

McKinsey Operations

A survey of North American off-highway-equipment dealers reveals that digitalization in the sector is accelerating quickly. Those that don’t adapt may be left behind.

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Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium

JD Supra Law

Last week’s big news was the anticlimactic end of the American Axle saga. But the Federal Circuit was hard at work too: it issued a dozen decisions on a wide variety of subjects. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever case piqued our interest.

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Atextual Conditions for Patentability and Stare Decisis

Patently-O

by Dennis Crouch. The new petition in SawStop v. USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. You might imagine this argument being raised as tied to any number of patent doctrines: atextual eligibility limitations; assignor estoppel; doctrine of

Patent 75
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Federal Circuit Rehearing Panel Vacates its January Decision and Reverses District Court Finding of Sufficient Written Description for Negative Claim Limitation

JD Supra Law

On June 21, 2022, the Court of Appeals for the Federal Circuit (“CAFC”), in Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., granted petition for panel rehearing, vacated its prior decision, and reversed the district court’s judgment that Novartis’s claims are not invalid for adequate written description. HEC Pharm Co., Ltd. was granted a petition for rehearing of the CAFC’s prior decision in the same case in which the Court affirmed a final judgment of the United States District Court

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Copyright Office Study Finds Protections for News Publishers are Adequate

IP Watchdog

On June 30, the U.S. Copyright Office officially published a report titled Copyright Protections for Press Publishers, which explores existing frameworks in nations around the world providing additional rights under copyright law for news publishers, and includes recommendations regarding similar changes that could be effected under U.S. law. The Copyright Office’s study concludes that, while the news publishing industry is facing significant problems in obtaining adequate funding during the Int

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Embracing Revenue Operations For Strong Law Firm Growth

IP Law 360

The concept of revenue operations — a management strategy commonly used in high-growth sectors that involves integrating all departments to address and fulfill client needs — can help law firms develop their own growth strategies, including strengthening client relationships, says Dave Southern, a business development and marketing professional.

Law 73
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Copyright Protection in the Indian Music Industry

Kashishipr

We see people grooving to famous songs the moment we enter a club. Without such songs, every party or event seems incomplete. However, are you aware that before playing the famous songs publicly, you need to have all the permissions in place from the makers of such songs? If you fail to do so, you shall end up finding yourself in big trouble like Copyright Infringement.

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The fettering of “feta” and other product names under the NZ-EU Free Trade Agreement

JD Supra Law

New Zealand has secured a free trade deal with the EU, which is set to remove barriers to trade by eliminating tariffs for certain exporters. As part of the exchange, New Zealand’s existing geographical indications (GIs) regime will expand from wines and spirits to also cover food. The sting in the tail is that Kiwi traders will need to give up using some household names, such as "feta", "parmesan", "sherry" and "port". .

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Juul RICO and consumer protection classes certified despite different "nicotine journeys" among users

43(B)log

In Re Juul Labs, Inc., Marketing Sales Practices & Prods. Liab. Litig., Case No. 19-md-02913-WHO, 2022 WL 2343268 (N.D. Cal. Jun. 28, 2022) A lot going on here, including a certification of a RICO class, believe it or not. I don't even have a RICO tag! I am skipping a lot of the elements. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are

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Recommended Reading: Prof. Lorelei Ritchie, "Recognizing the "Use"-fulness of Evidence at the TTAB"

The TTABlog

The latest issue of the The Trademark Reporter features an article by former TTAB Judge Lorelei Ritchie , now an Assistant Professor at Southern Illinois University School of Law, entitled "'Recognizing the "Use"-fulness of Evidence at the TTAB," 112 Trademark Reporter 635 (May-June 2022). [download pdf here ]. Willard Knox, Staff Editor-in-Chief of TMR , describes the article as a " unique combination of TTAB 'inside baseball” and scholarship. of value to practitioners and academics alike.

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How patents facilitate market entry and promote competition

IAM Magazine

It may seem like unconventional wisdom to some, but it is more important than ever to challenge the belief that strong IP protection discourages innovation and hinders choice, argues Jonathan M Barnett

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Inside Arbitration: Cyber disputes – are there borders in the blockchain?

Herbert Smith Freehills

With the cyber economy fast emerging, courts are struggling with drawing borders in a decentralised world. One recent case hints at the path ahead. In the 1997 book Sovereign Individual , the authors envisioned a global cyber economy where individuals base themselves wherever they desired. Over two decades later, a blockchain economy is emerging, partially realising that vision.

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Flying the Rainbow Corporate Logo: The Pride Flag and Your Brand

LexBlog IP

In 1978, San Franciscan LGBTQAI+ artist, Gilbert Baker, designed the iconic Rainbow Flag. The Rainbow Flag design has achieved worldwide recognition as a symbol of the LGBTQAI+ community and in its association with Pride. Baker was inspired by “the vertical red, white, and blue tricolor from the French Revolution and how both flags owed their beginnings to a riot, a rebellion, or revolution.

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Justices Urged To Take Up Double Patenting Law Challenge

IP Law 360

A table saw maker wants the U.S. Supreme Court to take up a challenge to the Federal Circuit's refusal to revive its bid to get a new patent on a band saw, saying the circuit court has wrongly imposed an additional requirement for patentability.

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PTAB/USPTO Update - July 2022

JD Supra Law

USPTO Leadership -.In June, USPTO Director Kathi Vidal delivered official remarks at the 2022 Bench & Bar Conference, a PTAB Pro Bono Fireside Chat, the 2022 SelectUSA Investment Summit, and the AI/ET Partnership Series #1: Kickoff – USPTO AI/ET activities and patent policy meeting. .

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5th Circ. Grapples With Whether Fed. Circ. Should Take Fintiv

IP Law 360

A Fifth Circuit panel on Wednesday asked difficult questions of both US Inventor and the federal government when trying to figure out whether it or the Federal Circuit should oversee challenges to the U.S. Patent and Trademark Office's practice of discretionarily denying patent challenges.

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One Year of Collegiate Athletics Following NCAA v. Alston

JD Supra Law

The Supreme Court, on June 21, 2021, issued its landmark decision in National Collegiate Athletic Association v. Alston, bringing about fundamental change for collegiate athletes seeking benefits and compensation in connection with their athletic performance. In Alston, a unanimous Court struck down the NCAA’s limitation on education-related benefits for student-athletes.

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Motorola Can't Get Injunction In $597M Trade Secrets Fight

IP Law 360

Motorola has failed to persuade an Illinois federal judge to reconsider his refusal to impose a permanent injunction against Hytera in a $597 million trade secrets fight over two-way radios, though the judge affirmed the parties' joint proposal on Hytera's royalty payments to Motorola.

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High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

LexBlog IP

Patents files folder. In the recent case of The European Union vs. Union of India and Ors. , W.P.(C)-IPD 5/2022 and W.P.(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. By way of background, the Petitioner had initially engaged a European law firm (M/s.