Wed.Apr 05, 2023

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3 Count: Digital Basel Redux

Plagiarism Today

Music labels win battle over youtube-dl in Germany, UK court rules against former employee in software case and Digital Basel returns. The post 3 Count: Digital Basel Redux appeared first on Plagiarism Today.

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Police Confirm FBI-Assisted Takedown of Piracy Release Group EVO

TorrentFreak

EVO, short for EVOLUTiON, was a high-profile P2P group whose activities stood out in recent years. The group released a steady stream of new movie and TV show titles and gained pirates’ admiration by leaking many screeners way ahead of their official premieres. For several years in a row, EVO opened the “screener season” by releasing leaked copies of upcoming films.

Copying 131
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Plagiarism in Pop Culture: Death in Paradise 2

Plagiarism Today

Plagiarism comes to Death in Paradise a second time as DI Neville Parker and team have to unravel a murder over stolen ideas. The post Plagiarism in Pop Culture: Death in Paradise 2 appeared first on Plagiarism Today.

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Take-Two Dismisses Claims Against Lead Defendants in GTA Mods Lawsuit

TorrentFreak

In 2021, a group of Grand Theft Auto enthusiast programmers released ‘re3’ and ‘reVC’, a pair of reverse-engineered modifications for GTA 3 and Vice City. These projects breathed new life into games that while still fantastic, benefited greatly from significant enhancements that helped to wind back the years. Fans loved ‘re3’ and ‘reVC’ but Take-Two and Rockstar Games most definitely did not.

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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 business of sports and the quest for inclusion for women

McKinsey Operations

For all the progress toward equality on the field, sports administration remains dominated by men. A fairer, more inclusive industry would benefit everyone.

Business 124
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Federal Circuit Delivers Win for Wireless Companies But Preserves Inventor’s Patent

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential opinion today affirmed a district court’s judgment that AT&T Mobility LLC did not infringe an inventor’s wireless communications technology patent but held that AT&T had forfeited its chance to prove the patent is invalid on appeal. Joe Salazar’s U.S. Patent No. 5,802,467 is titled, “Wireless and Wired Communications, Command, Control and Sensing System for Sound And/or Data Transmission and Reception.

Patent 115

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The importance of clearing a trademark prior to use

JD Supra Law

For companies, new and old, the protection and development of company trademarks involve a significant investment of time and resources. The process can become complicated and expensive if a company mistakenly chooses to use a mark that is already in use by others.

Trademark 102
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How to Patent in China

Patent Trademark Blog

Does it make sense to get a patent in China? One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. While we are not licensed to practice patent law outside the US, we do work closely with IP attorneys in foreign countries to coordinate our client’s foreign patent filings.

Patent 98
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CCC Named to KMWorld 100 Companies That Matter in Knowledge Management for 2023

Velocity of Content

CCC has been named to the KMWorld 100 Companies That Matter in Knowledge Management 2023, a list of organizations with pioneering solutions and notable modifications to existing products with a focus on innovation, agility, and the customer. KMWorld cited CCC for its innovative efforts in “integrating, accessing, and sharing information through licensing, content software, and professional services [and] designing and delivering innovative information solutions that power decision making.

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Modern marketing: Six capabilities for multidisciplinary teams

McKinsey Operations

The business-as-usual approach to marketing is no longer sufficient. To succeed in modern marketing, professionals must develop broad skillsets and prioritize collaboration.

Marketing 102
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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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Hormel canned

Likelihood of Confusion

The evidence shows that “spam,” in addition to being petitioner’s trademark, has a well-recognized meaning as a generic term for unsolicited commercial email; the term isused by consumers, the media, Congress, state legislatures and those who sell solutions for such unwanted email. Thus, it does not have the requisite degree of distinctiveness to support a finding of dilution, at least vis-à -vis respondent’s use of the term as part of the mark SPAM ARREST for computer software designed

Designs 94
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Leading with authenticity: A conversation with Bill George

McKinsey Operations

The Harvard Business School professor and former CEO of Medtronic explains how young leaders can find their ‘true north’.

Business 116
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What should the patent attorney do? 

Patently-O

After coming up with a core idea for a new product, Inventor jumps on chatGPT and asks the AI to expand upon the product idea, including providing additional design elements based upon the inventor’s original description. ChatGPT comes through with flying colors and provides several detailed designs that inventor had not considered. Inventor is diligent in their disclosure docs to include the chatGPT transcript.

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How KB Financial Group navigates and curates banking

McKinsey Operations

McKinsey’s Eunjo Chon talks to KB Financial Group Senior Executive Vice President Dong Whan Han about simplifying processes and transforming bankers into instructors.

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AIPPI UK Event Report: Roundup of 2022's Patent Cases

The IPKat

The AmeriKat hunkering down to a belated Christmas meal of kibble Back in the dark depths of January, the great, the good and the cold of patents practitioners were invited to gather at Hogan Lovells’ London office to attend the AIPPI’s annual patent round-up. Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce.

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Women Matter, Portugal: Women are still far from top corporate-leadership positions

McKinsey Operations

Women are well represented in the country’s workforce but are relatively scarce at the top—and that won’t change anytime soon given current promotion trends. Yet companies can act to turn the tide.

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Vidal’s Latest Director Review Decision Finds Material Differences in Prior Art References Raised at PTAB

IP Watchdog

On March 30, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a decision on sua sponte Director review that vacated a decision of the Patent Trial and Appeal Board (PTAB), which had previously denied institution of inter partes review (IPR) proceedings brought by semiconductor company Wolfspeed. In her latest in a series of sua sponte decisions, Director Vidal ruled that the PTAB erred in determining that prior art asserted by Wolfspeed was essentially the same as other prior

Art 69
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The world needs to capture, use, and store gigatons of CO2: Where and how?

McKinsey Operations

Strategically building carbon capture, utilization, and storage hubs near clusters of large emitters can lower costs and accelerate scale-up.

86
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TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTABlog

The Board has affirmed 41 of the first 44 Section 2(d) refusals that it reviewed this year. That's an affirmance rate of 93%. Here are three more decision. At least one was a reversal. How do you think these three cases came out? [Results in first comment]. In re Bulletproof Property Management, LLC , Serial No. 90625153 (March 31, 2023) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of VECTOR for "Firearms; Component parts for guns" in view of the identical mark registe

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Jobbatical: Boosting Innovation Through Hassle-free Talent Relocation

WIPO Magazine

“We’re facing the biggest talent shortage in human history,” says Karoli Hindriks, CEO of Jobbatical. Hindriks is boosting innovation by creating hassle-free opportunities for businesses to access the high caliber talent they need to thrive.

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Masimo Wants $3B From Apple Over Smartwatch IP, Jury Told

IP Law 360

Masimo Corp. told a California federal jury during opening arguments on Wednesday that Apple poached two employees to improperly obtain proprietary information it then used to launch a patent-infringing smartwatch, while Apple denied any intellectual property theft and blasted Masimo's purported bid for a staggering $3.1 billion in damages.

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The Establishment of the IP Division in Madras High Court: A Significant Step towards Efficient Resolution of IP Disputes

Selvam & Selvam Blog

Practitioners have long wished for a separate IP division in High Courts. With the abolishment of the Intellectual Property Appellate Board in 2021, cases previously filed with or pending before the IPAB have been transferred to the High Courts. It then became imperative to establish a separate IP division in the High Courts. Following this objective, the High Court of Madras established an Intellectual Property committee to devise the necessary procedures.

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Chipotle Sues Sweetgreen Over TM In Burrito Bowl Battle

IP Law 360

Chipotle has lodged a suit in California federal court accusing fast-casual restaurant rival Sweetgreen of infringing its trademark by marketing and selling a "Chipotle Chicken Burrito Bowl" that is directly competing with its own menu item.

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New Developments in Korean Patent Law

LexBlog IP

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{position: relative !

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Fight Over 3D Printing IP Narrowed Down To Single Patent

IP Law 360

A patent dispute between two makers of 3D printers is now down to a single patent from five after the accused infringer won a victory on claim construction in Delaware federal court.

Patent 52
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Celltrion Announces Phase III Results for Aflibercept Biosimilar

LexBlog IP

On April 3, 2023, Celltrion announced positive 24-week results from its global Phase III Clinical Trial of CT-P42 (aflibercept), a biosimilar referencing Regeneron’s EYLEA. The trial is a 52-week trial in 348 patients with diabetic macular edema (DME) across thirteen countries. The primary endpoint was the change in best corrected visual acuity measured at week 8 from baseline, comparing CT-P42 and EYLEA.

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Nutter Adds 3 Partners To Boost Real Estate, Labor, IP Teams

IP Law 360

Boston-based law firm Nutter McClennen & Fish LLP has added three partners in the real estate, labor and employment, and intellectual property sectors to its Boston and New York offices.

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The Effect on Trade Secret Protection by the Federal Trade Commission’s Proposed Ban on Non-Compete Agreements

LexBlog IP

On January 5, 2023, the Federal Trade Commission (FTC) proposed a ban on non-compete agreements between an employer and its workers as an unfair method of competition. The FTC’s proposed ban is intended to promote competition and innovation by providing workers with more freedom to move between companies. However, this proposal has raised concerns about how it may affect businesses and their ability to protect trade secrets.

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Fed. Circ. Affirms Patent Verdict Clearing Telecom Giants

IP Law 360

The Federal Circuit has backed a Texas federal jury's finding that AT&T, Sprint, Verizon and T-Mobile did not infringe an inventor's patent for a wireless communication device, agreeing with a lower court's claim construction.

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No More Games: Activision Settles with DOJ Over Esports Compensation

LexBlog IP

On April 3, 2023, the Department of Justice (the “DOJ”) filed a civil complaint against Activision Blizzard Inc. (“Activision”) alleging that the “competitive balance tax” constituted an unreasonable restraint of trade under Section 1 of the Sherman Act, [1] and entered into a proposed consent decree (a binding settlement) that, if approved by a court, would bar the gaming company from imposing a “tax” against its esports leagues that exceed spendi

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NC Software Co. Wants $28M From Dutch Partner-Turned-Rival

IP Law 360

U.S. software company Dmarcian Inc. has demanded $28 million in damages from its onetime partner in the Netherlands after the Fourth Circuit unraveled sanctions against the Dutch company, saying such a steep award is warranted in light of its rival's willful trademark infringement.

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TTAB Begins Pretrial Conference Pilot Program

LexBlog IP

This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). The goal of the pilot, according to the USPTO, is “to save time and resources of parties and the TTAB, and to foster the effective and efficient presentation of evidence.” The pilot program is the latest step in the TTABR

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Conundrum behind registrability of GUIs as industrial designs in India

JD Supra Law

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs.

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Conundrum behind registrability of GUIs as industrial designs in India

LexBlog IP

Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs.

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The Federal Circuit Allows Challenge to Patent Office Discretion under the APA

JD Supra Law

Companies subject to allegations of patent infringement have a strong interest in the outcome and review of post-grant patent challenges. Docket Navigator reports that the number of challenges at the Patent Trial and Appeal Board (“PTAB”) is projected to increase significantly from 1290 last year to 1741 this year.

Patent 52