Thu.Mar 09, 2023

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Grammarly to Launch AI-Writing Tool

Plagiarism Today

The popular spelling/grammar checking service Grammarly is launching a new AI writing tool. Here's why schools should be worried. The post Grammarly to Launch AI-Writing Tool appeared first on Plagiarism Today.

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ACE & New Anti-Piracy Coalition Target South Korean Video Piracy Globally

TorrentFreak

Millions of subscribers to Western streaming services will testify to the South Korean content explosion of recent years. The ‘Korean Wave’ cultural phenomenon, boosted by movies and TV shows such as Squid Game, Train to Busan, and Parasite, is something to behold. From the successes of BTS and Psy’s Gangnam Style to the magnificent ‘Oldboy’ released two decades ago, South Korean entertainment quite rightfully receives worldwide appreciation.

Copyright 115
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3 Count: Earth, Wind and Copyright

Plagiarism Today

Earth Wind & Fire sues cover band for infringement, Pakistani drama series faces music challenges and Aldi sued over organic snacks. The post 3 Count: Earth, Wind and Copyright appeared first on Plagiarism Today.

Copyright 185
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Books are Not Floor Wax and Road Salt

The Illusion of More

One would think this is obvious, particularly to a librarian, but perhaps not to Douglas Lord, President of the Connecticut Library Association (CLA). In a letter addressed to the state assembly advocating passage of H.B. 6829, Connecticut’s version of similar bills proposed (and shot down) in other states to address alleged unfairness in eBook licensing […] The post Books are Not Floor Wax and Road Salt appeared first on The Illusion of More.

Licensing 114
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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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EU Upload Filters Mark the End For File-Sharing Site Hellspy

TorrentFreak

To the global audience, Hellspy may not be a household name, but in the Czech Republic, it’s widely known. Founded in 2009, the file-sharing and hosting platform grew out to become one of the country’s most-visited websites. This didn’t go unnoticed by copyright holders, including the RIAA, who repeatedly complained about widespread piracy on the platform.

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Who is responsible for discriminatory AI systems in healthcare?

IPilogue

Mac Mok is a 3L JD candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Artificial intelligence (AI) systems have entered every facet of our daily lives. The availability of massive data sets has been leveraged by AI systems to analyze, predict, and influence our decision making.

IP 103

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Geopolitical risk: Navigating a world in flux

McKinsey Operations

In a fast-fragmenting world, geopolitical instability has vaulted to the top of the CEO agenda. Here’s what today’s fraught global dynamics mean for leaders—and how they can begin grappling with geopolitical risk successfully.

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District Court Finds Use of a Method to Manufacture a Product Does Not Indirectly Infringe a Patented Method to Design A Product

The IP Law Blog

In Bell Semiconductor, LLC v. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim.

Designs 98
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PTAB Decision Invalidating Claims Finding Lack of Written Description and Later Priority Date Upheld by Federal Circuit

JD Supra Law

Procedural History - Regents of the University of Minnesota v. Gilead Sciences, Inc., Case No. 2021-2168 (Fed. Cir. Mar. 6, 2023) is an appeal by the Regents of the University of Minnesota (“Minnesota”) from a final written decision of the Patent Trial and Appeal Board (“the Board”) holding that claims 1-9, 11-21, and 23-28 of U.S. Patent 8,815,830 (“the ’830 Patent”) are unpatentable as anticipated by the asserted prior art.

Art 98
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Digital engagement now typifies the Medicare Advantage experience

McKinsey Operations

Medicare participants are responding to beneficiaries’ rising expectations for an omnichannel experience by enhancing their digital capabilities and engagement offerings.

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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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ChatGPT: Legal Counsel of the Future?

JD Supra Law

If you’ve been pretty much anywhere on the internet lately, you’ve probably heard the buzz about AI and more particularly about ChatGPT. What exactly is ChatGPT and how does it work? Chat Generative Pre-Trained Transformer (“ChatGPT”) is a large language model (as one of its default responses has informed users endlessly) that is trained on a large body of text data to generate responses that closely mimic human language.

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Vidal’s Latest Director Review Decisions Fail to Simplify the ‘Compelling Merits’ Analysis

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has been on a tear recently, reviewing sua sponte a number of Patent Trial and Appeal Board (PTAB) decisions and designating others precedential. Many of those decisions have helped to make America Invents Act (AIA) proceedings more rigorous and fair, such as the Director’s decisions correcting the PTAB for relying on conclusory expert statements and putting at least some teeth in the real parties in interest requirement.

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The data and analytics edge in corporate and commercial banking

McKinsey Operations

As corporate and commercial banks serve increasingly complex needs, new data- and analytics-powered tools can help the front line understand their customers and improve sales.

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Foreign Tech Bill Hones Commerce's Growing Nat. Sec. Role

IP Law 360

New legislation to empower the White House to root out subversive foreign technology is designed to address impediments built into existing laws, and may offer a backup review mechanism for apps, like TikTok, that are already under scrutiny.

Designs 75
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CAFC Says OXIPURITY and OXYPURE are Likely Confusing, Even to Sophisticated Consumers

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld a decision of the Trademark Trial and Appeal Board (TTAB) affirming an examiner’s refusal to register the mark OXIPURITY for chemical products. The court agreed with the TTAB that OXIUPURITY is likely to be confused with the previously registered mark, OXYPURE, for ““hydrogen peroxide intended for use in the treatment of public and private potable water systems and supplies.

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Samsung's Galaxy S10 Muddied Talent Co.'s TM, Jury Hears

IP Law 360

Talent management company S10 Entertainment called two media industry executives to testify Thursday in their California federal trademark infringement suit against Samsung, with both men saying they were confused by ads for Samsung's Galaxy S10 smartphone and thought it was some sort of partnership with S10 Entertainment.

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Never too Late: If you missed the IPKat last week!

The IPKat

Another week has come to an end but it's not too late to catch up with the latest IPKat posts. Copyright Anastasiia Kyrylenko analysed a new referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22). A Kat in an hotel room Trade marks Giorgio Luceri examined the judgments in T-568/21 and T-569/21 issued by the General Court, on 1 February 2023, relating to two trade mark oppositions filed by Google against the trade mark applications for the signs "GOOGLE CAR" an

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Grumpy Cat Co. Chases After Alleged Counterfeiters In Ill. Suit

IP Law 360

A company that markets images of a curmudgeonly cat lodged its latest copyright complaint in Illinois federal court Thursday against alleged counterfeiters in China.

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UCC Financing Statements: What's at Stake by Not Getting the Individual Debtor's Name Right

Cogency Global

What this is: The Uniform Commercial Code (UCC) drafters amended the debtor name section of Article 9 and added the ‘driver's license rule’ over a decade ago. What this means: This rule was intended to provide secured parties with clear guidelines on how debtor names must be written on financing statements. Read along to find out the consequences of two secured parties who did not do their due diligence and follow the rule.

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Issue its “Mandate and Opinion”

Patently-O

by Dennis Crouch The Federal Circuit regularly affirms PTAB judgments without issuing any explanatory opinion to justify the result. Although not found in the Rules of Appellate procedure, the court has created its own local rule allowing itself to “enter a judgment of affirmance without opinion.” In a 2017 paper, I argued that these no-opinion affirmances violated both the spirit and letter of 35 U.S.C. 144, which requires the court to issue a “mandate and opinion ” in

Patent 64
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How Generative AI Generates Legal Issues in the Games Industry

LexBlog IP

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create generative AI content from a text prompt and enable generative AI to complete computer code. This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries.

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Trade secrets: a webinar for NGen and other Canadian superclusters

Barry Sookman

I had the pleasure earlier today to participate in a webinar on the protection of trade secrets. The webinar was provided to some of Canada’s leading superclusters and their partners such as NGen, Protein Industries Canada, Canada’s Ocean Supercluster, and the Digital Technology Supercluster. The slides from my talk can be accessed at the link below.… The post Trade secrets: a webinar for NGen and other Canadian superclusters appeared first on Barry Sookman.

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Market Data Rivals Settle Patent And Trade Secrets Dustups

IP Law 360

A trio of patent and trade secrets suits between two data companies filed in Massachusetts and Delaware federal courts have been settled and dismissed, according to court orders.

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Dragons’ Den, Episode 10 Series 20

Dragons' Den

Brave pitches, innovative ideas and fierce questioning - a staple of any Dragons’ Den episode, but particularly clear this week. As we reach episode ten of this series, I was excited to sit down and see which brave entrepreneurs would dare enter the Den. Wheeling in investment or reversing out of the Den? Offering micro-campers and car conversions, entrepreneur Jason Gledhill was looking for a £100K investment for 10% of his business, Redcote Leisure Limited.

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Inside Arbitration: Spotlight interview: Elaine Wong

Herbert Smith Freehills

Elaine is a partner whose career epitomises what it means to work in international arbitration. Qualified in England and Singapore, she has spent time in Paris and Tokyo, and worked for the last three years in Singapore. You are returning to Tokyo after your time in Singapore. How has Japan weathered the pandemic commercially and what kind of disputes are you expecting on your return?

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Giving a Little Grace with Reference Points

LexBlog IP

In Grace Instrument Industries, LLC v. Chandler Instruments Co. , No. 2021-2370 (Fed. Cir. Jan. 12, 2023), the Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued an opinion affirming in part, vacating in part, and remanding a decision of the United States District Court for the Southern District of Texas finding a first claim term indefinite, construing a second claim term, and holding all asserted claims of U.S.

Patent 52
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Lights Out On New $21M Patent Trial As Albright Ups Award

IP Law 360

U.S. District Judge Alan Albright on Wednesday refused to wipe out a Western District of Texas jury's patent infringement verdict against a Chinese lighting manufacturer, rejecting the company's bid for a new trial, and tacked on $4.3 million more in supplemental damages to the already boosted $21 million verdict.

Patent 52
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USPTO Launches Green Energy Category for Incentive Program

LexBlog IP

The United States Patent and Trademark Office (USPTO) recently announced the launch of a new Green Energy Category as part of their Incentive Program. The program is designed to encourage innovation and development of green technologies and energy solutions, and the new category is specifically aimed at recognizing and incentivizing inventors and businesses that are working on solutions to combat climate change and reduce carbon emissions.

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Unified Patent Court (UPC) Update

JD Supra Law

On 17 February 2023, Germany deposited its instrument of ratification of the Unified Patent Court Agreement (UPCA) with the Council of the European Union (EU). The Unified Patent Court (UPC) will therefore start on 01 June 2023.

Patent 52
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District Court Finds Use of a Method to Manufacture a Product Does Not Indirectly Infringe a Patented Method to Design A Product

LexBlog IP

In Bell Semiconductor, LLC v. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A. Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim.

Designs 52
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Top 10 IP and TMT CJEU judgments of 2022 - What To Expect In 2023

JD Supra Law

Last year brought a number of interesting CJEU judgments that directly affect the fields of data protection, TMT and intellectual property. The decisions impact the application of current laws and give rise to new obligations for businesses. Dentons has compiled a list of the top 10 CJEU judgments that you need to know. In top position we have the dispute between Poland and the EU Parliament with regard to Online Content Sharing Service Providers.

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Two Ideas to Improve and Balance the Defend Trade Secrets Act: A Safe Harbor Rule and Early Trade Secret Identification

LexBlog IP

Since its enactment in 2016, the Defend Trade Secrets Act (DTSA) has become the most important trade secrets statute in the world. Here is the proof. There has been a steady increase in filings of trade secret cases under the DTSA, as they doubled from 2016’s 476 filings to 2020’s 1,008 filings. According to Lex Machina’s 2021 Trade Secret Litigation Report , 72.9% of all trade secret cases in 2020 and 72.5% in 2019 included a claim under the DTSA.

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5 Key Takeaways - European Unified Patent Court and Unitary Patent

JD Supra Law

Kilpatrick Townsend counsel David Hsu recently presented “European Unified Patent Court and Unitary Patent” at the firm’s annual three-day “Ski-LE” in Colorado. Five key takeaways on the “European Unified Patent Court and Unitary Patent” include. Please see full article below for more information.

Patent 52
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Interesting Patents | Nintendo – Improved Hit Detection

LexBlog IP

Interesting Patents | Thursday, March 9, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640a7f4ae332b9276{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640a7f4ae332b9276{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640a7f4ae332b9276{position: relative !

Patent 52
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Out of Tune: Eleventh Circuit Permits Retrospective Relief for Timely Copyright Claims under Discovery Rule

JD Supra Law

The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed.