Wed.Sep 14, 2022

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3 Count: Verisigned

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lawmakers Press Verisign To Join ‘Trusted Notifier’ Program And Take More Action To Combat Piracy. First off today, Ted Johnson at Deadline reports that a group of six United States Senators have signed a letter to the domain name registry Verisign calling upon the service to suspend the domains of pirate websites and generally do more to combat copyright infringement.

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Great Trademarks Are Everywhere, You Just Have to Look

Erik K Pelton

It can seem challenging to create unique and bold brands, yet there are great examples all around us. In this episode, Erik shares some of recent examples he found of creative, bold brand names. The post Great Trademarks Are Everywhere, You Just Have to Look appeared first on Erik M Pelton & Associates, PLLC. It can seem challenging to create unique and bold brands, yet there are great examples all around us.

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The Importance of Transparency in Research Integrity

Plagiarism Today

Earlier this week, the journal BMC Medicine announced that it will not retract a controversial 2013 paper authored by botanist Steven Newmaster. Instead, the journal has added a new editor’s note that says indicates “no further editorial action is needed at this point”. . Instead, the journal is leaving intact a February editor’s note that says, “Readers are alerted that concerns have been raised with respect to the reliability of the data presented in this article.”.

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Defining a medical device as a product-by-process (T 1869/19)

The IPKat

The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a "product-by-process" claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to innovators of this type of claim format.

Art 131
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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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Adobe Thinks it Can Solve Netflix’s Password ‘Piracy’ Problem

TorrentFreak

When online file-sharing hit the mainstream, entertainment company bosses tore out their hair in frustration. They knew their products, ran tight businesses, and had the best possible grasp on the intricacies of their respective markets. Competing with ‘free’ was clearly impossible. Today we know that by looking beyond the bare content, such as a music track or a movie, added value can be found in how content is presented, delivered, consumed, and ultimately appreciated by the custom

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New 3-Step Approach For Patentability as outlined by the CIPO and Benjamin Moore

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In the case of Benjamin Moore & Co. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions.

Invention 105

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Think Twice About Appealing a § 101 Rejection to the PTAB

JD Supra Law

The U.S. Patent and Trademark Office (USPTO) established its Patent Trial and Appeal Board (PTAB) in September 2012. As mandated by the America Invents Act, the PTAB conducts administrative trials, such as inter partes reviews, and handles appeals from examiner rejections of patent applications.

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Top 3 Challenges When Using Scientific Articles in AI & Machine Learning Projects?

Velocity of Content

Researchers and data scientists use text mining tools to extract and interpret facts, assertions, and relationships from vast amounts of published information. These types of AI and machine learning projects accelerate the research process, increase discovery, provide competitive intel, and help companies identify potential safety issues in the drug or product development pipeline.?.

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PTAB Applies Director’s Guidance and Holds that Compelling Evidence of Unpatentability Precludes Fintiv Denial

JD Supra Law

In an IPR institution decision issued shortly after the USPTO issued interim guidance on discretionary denials, the PTAB held that the petition presented “compelling evidence of unpatentability,” foreclosing a Fintiv discretionary denial.

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Bang Drink Maker Sanctioned In IP Suit Over Deleted Videos

IP Law 360

A Miami federal magistrate judge penalized Bang Energy Drink maker Vital Pharmaceuticals for failing to preserve internet videos that Sony Music Entertainment says contains its songs, awarding it yet-to-be-determined attorney fees in a copyright infringement suit.

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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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[Audio] Patent Dual-application Strategy in China

JD Supra Law

Dual-application in China specifically refers to the applications filed both for utility model and invention patent based on the same invention-creation on the same day. In China, both the invention and utility model are considered as patent. The advantage of Dual-application is that the examination period for utility model in China is short and the patent right can be obtained early.

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Guest Book Review: IP Accidents

The IPKat

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. It is brought to you by Léon Dijkman, a previous contributor to the IPKat. Léon is currently finishing his PhD on the proportionality principle and injunctions for patent infringement in EU law.

IP 91
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Telecoms Group Wants to DDoS IPTV Pirates Off The Internet

TorrentFreak

Like most online services, pirate IPTV platforms use regular domains, IP addresses, websites, servers, and cloud services. But unlike most regular online platforms, they already know that rightsholders are watching their every move. This means that they are mostly prepared for domain seizures and similar interference, IP address and DNS blocking, attempts to cut off payment processing, plus any other measures from the smorgasbord currently available.

IP 91
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Mission critical: Improving government workforce planning

McKinsey Operations

Workloads are increasing across government agencies, and leaders are struggling to reallocate resources. A strategic approach to workforce planning could help align positions with priorities.

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Misleading on Bill C-11: Why Did the CRTC Sit on the Radio-Canada Decision For Nearly Eight Months?

Michael Geist

Days after Bill C-11 passed in the House of Commons, the CRTC released its decision involving Radio-Canada and the use of the N-word in a broadcast. The decision sparked an outcry in Quebec and raised concerns that the Commission did not feel constrained by the Charter of Rights and Freedoms in its decision. Indeed, given that the majority of the Commission ignored the Charter and freedom of expression altogether, the decision signalled how Bill C-11 could be used to regulate Internet content th

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Climate and insurance: How carriers are preparing for a net-zero future

McKinsey Operations

Decarbonization means a new risk landscape and new strategic skill sets for insurers. McKinsey subject matter experts from around the world discuss the shifts they’re seeing and the road ahead.

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ITC Monthly Wrap-Up: August 2022

Fish & Richardson Trademark & Copyright Thoughts

In August, four complainants filed five new complaints with the Commission: Purple Innovation, LLC, sued numerous respondents in Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof , Inv. No. 337-TA-1328; Google, LLC, sued Sonos, Inc., in Certain Audio Players and Components Thereof , Inv. No. 337-TA-1329; Google, LLC, sued Sonos, Inc., in Certain Audio Players and Components Thereof II , Inv.

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Green Growth: Capturing Asia’s $5 trillion green business opportunity

McKinsey Operations

Asia is a critical contributor to the global race to net zero. Proactive moves in pursuit of this goal will result in opportunities that will define tomorrow’s outcomes and successful business leaders.

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With Congress and Courts at Standstill, IPWatchdog LIVE 2022 Panel Says Upcoming ‘Action’ on 101 Will Be at USPTO

IP Watchdog

During a session titled “Politics, Policy and Legislation” on Monday at IPWatchdog LIVE 2022, three panelists who have each played a role in shaping patent law over the years discussed recent developments in patent eligibility reform, and congressional interest in so-called patent thickets being fueled by continuation patents and other topics.

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How the apparel industry can ADAPT to inflation

McKinsey Operations

High inflation is a challenge, but ADAPTing an agile pricing strategy can help retailers and brands control costs, protect margins, and retain customer loyalty.

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Legal Considerations As The Metaverse Goes Mainstream

IP Law 360

Shifts in technology, digital commerce and culture are all reaching a critical mass where market adoption of a metaverse seems possible — and there are many legal issues for companies to consider in these environments, from intellectual property protection to privacy and content regulation, say Ashlin Perumall and Francis Donnat at Baker McKenzie.

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The hidden value of voice conversations: Part 1, Trends and technologies

McKinsey Operations

Understanding more of what their customers are saying can help contact centers provide new sources of competitive advantage.

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Halliburton v USWS is a rare patent battle in the energy sector

IAM Magazine

Data shows that 32 of the largest oil and gas producers and oilfield services companies have filed only 45 US suits since 2017 – and that just one is responsible for 51% of them

Patent 52
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The hidden value of voice conversations: Part 2, Reaping the rewards

McKinsey Operations

Voice analytics can help you understand more about what your customers are saying—if you know how to select and apply the technology.

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Halliburton v USWS is a rare patent battle in the energy sector

IAM Magazine

Data shows that 32 of the largest oil and gas producers and oilfield services companies have filed only 45 US suits since 2017 – and that just one is responsible for 51% of them

Patent 52
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2022 China Retail Digitalization Whitepaper: The next frontier of digital transformation in China’s retail industry

McKinsey Operations

Despite significant investment in omnichannel expansion, retailers in China are struggling to convert this into improved financial performance.

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Meet 2022’s IP Hall of Fame inductees

IAM Magazine

Following a selection process that ran between March and May, IAM announced that four new individuals had been chosen to join the IP Hall of Fame in 2022: Pravin Anand, Justice Stephen Breyer, Louis Foreman and James Malackowski. They were officially inducted at this year’s IPBC Global in June.

IP 52
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What is Sustainable?

LexBlog IP

Federal agencies recognize that what was once treated as an intangible asset—that is, how “green” a company or its products may be—has developed into a true value-add. A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule , it would be reviewing and revising its Green Guides in 2022.

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Intellectual Property Rights in QR Codes and Barcodes in India

Kashishipr

Quick Response Codes (QR Codes) and Barcodes use the underlying technology of encoding specific data or information in unique combinations and patterns of letters, numbers, shapes, etc. A barcode comprises vertical lines and spaces of different lengths and widths with a combination of numbers and letters printed underneath it. Every barcode has a distinctive pattern and has data or information decoded in it, which can be accessed or decoded with the help of a barcode scanner.

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Justices Told Cisco Patent Judgment Wrongly Sunk By Stocks

IP Law 360

Centripetal Networks has told the U.S. Supreme Court that the Federal Circuit wrongly negated a nearly $3 billion patent award it won against Cisco due to stock holdings by the judge's wife, saying any conflict was resolved by placing the shares in a blind trust.

Patent 52
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Regeneron Seeks Expedited Trial in BPCIA Case Against Mylan Regarding Aflibercept Biosimilar

JD Supra Law

???????As we previously reported, Regeneron filed a BPCIA complaint against Mylan on August 3, 2022, regarding Mylan’s proposed aflibercept biosimilar. Just two days after filing its Complaint, Regeneron filed a motion requesting an expedited status conference and to schedule a trial for no later than June 2023.

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Del. Judge Sets Hearings About Patent Funding Info Concerns

IP Law 360

Delaware federal Judge Colm Connolly has ordered the owners of six companies that have filed 14 patent cases, nearly all of which have been voluntarily dismissed, to appear in person to address his concerns that they are not complying with standing orders requiring disclosure of their litigation funding and ownership information.

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Latest Federal Court Cases - September 2022 #2

JD Supra Law

Arendi S.A.R.L. v. LG Electronics Inc., Appeal No. 2021-1967 (Fed. Cir. Sept. 7, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s application of the duplicative litigation doctrine.

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'Super Creatine' Gives VPX Super Marketing Edge, Prof Says

IP Law 360

A marketing expert hired by Monster Energy Co. told a California federal jury Wednesday considering false advertising claims against Vital Pharmaceuticals Inc. that the marketing of Bang energy drink's "super creatine" is a key differentiator for the beverage and makes other drinks "less desirable" to some consumers.

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Copyrights, Metadata, and the “Double-Scienter Requirement” in the Eleventh Circuit

JD Supra Law

Last month, the Court of Appeals for the Eleventh Circuit weighed in for the first time on the scienter requirement for copyright infringement under Section 1202(b) of the Digital Millennium Copyright Act or “DMCA.” In Victor Elias Photography, LLC v. Ice Portal, Inc., the Eleventh Circuit held that the DMCA has a “double scienter requirement” – not only does an alleged infringer need to know that so-called “copyright management information” or “CMI” has been removed or altered, the infringer.