Tue.Nov 29, 2022

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What Is a Request to Divide a Trademark Application

Erik K Pelton

The USPTO trademark application process has many steps and possibilities, one such step is a “Request to Divide” an application and split it into two separate filings. Listen for more details about when and why an applicant would file a Request to Divide. For more about the entire trademark registration process, see [link]. The post What Is a Request to Divide a Trademark Application appeared first on Erik M Pelton & Associates, PLLC.

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Cyando Kills Uploaded.net Before Copyright Quagmire Drowns It

TorrentFreak

When the U.S. Government shut down Megaupload in 2012, similar platforms were presented with a practical example of what could happen to their businesses too. A few dozen armed police officers and helicopters swooping in for Kim Dotcom was certainly eye-catching, but the world learned something else too; hosting files can make people ridiculously rich and with Megaupload gone, there was a big gap in the market.

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US Inventor Arguments for Opposing the Pride in Patent Ownership Act Fall Short on the Merits

IP Watchdog

Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S. Patent and Trademark Office (USPTO) when a patent issues and whenever it changes hands so that members of the public have easy access to information about who the true owners of patents are.

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Misleading Bloomberg Law Post Claims IP Litigation Finance is for Investors, Not Inventors

IP Close Up

Opinions run hot and facts loose when it comes to describing providers of litigation capital, especially if the funds are used in support of plaintiffs Continue reading.

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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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What is net zero?

McKinsey Operations

Net zero is an ideal state where the amount of greenhouse gases (GHGs) released into the earth’s atmosphere is balanced by the amount of GHGs removed. Decarbonization efforts are needed to reach net zero.

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Creator Spotlight with Author & Photographer Evan Butterfield

Copyright Alliance

This week we’d like to introduce you to author and Photographer Evan Butterfield. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? […]. The post Creator Spotlight with Author & Photographer Evan Butterfield appeared first on Copyright Alliance.

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More Trending

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Building a winning AI neobank

McKinsey Operations

Firms launching a neobank can increase their odds of success in today’s uncertain environment by targeting specific characteristics and capabilities in their strategy and execution plans.

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Johns Hopkins Breached Keytruda Deal, Merck Sharp Says

IP Law 360

Merck Sharp took Johns Hopkins University to federal court in Maryland on Tuesday over claims that the university secretly obtained patents for inventions based on a collaborative clinical study treating cancer patients with Merck Sharp's Keytruda drug and funding, and then licensing the patents to others in violation of their contract.

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"For Use Under" Patent Marking: When a Claim Only Partially Covers the Product

JD Supra Law

The Patent Act requires patentees to mark their products with the numbers of any patents that cover that product. Put differently, if you produce a product that would infringe one of your patents, you must mark that product with the patent number. But what should a patent owner do if their product covers only a….

Patent 98
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Texas Panel Mulls Whether Phone Gossip Is Defamation

IP Law 360

A former Texas state representative pushed back on allegations that he defamed the ex-leader of an anti-vaccination mandate organization with gossip about whether she stole funds from the group, telling a Lone Star State appeals panel on Tuesday that the suit was a "gotcha lawsuit.

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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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How the Supreme Court’s Clarification of Enablement in Amgen May Affect the Future of Patent Law

JD Supra Law

On November 4, the U.S. Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. See generally Amgen Inc., v. Sanofi, No. 21-757 (U.S. 2022). The Court’s decision will likely come in the late second quarter of 2023 and could require significant strategic adjustments by patent owners and prosecutors.

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CCC Supports Scholarly Publishing Community Through SSP’s Generations Fund

Velocity of Content

Founded in 1978, the Society for Scholarly Publishing’s ( SSP ) mission is to support all organizations and individuals to advance scholarly publishing. To continue to foster an inclusive and robust profession, SSP founded the Generations Fund to provide long-term resources to two critical program areas: leadership-workforce development and diversity, equity and inclusion.

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Tris Pharma, Inc. V. Teva Pharms. Usa, Inc., Quillichew Er® (Methylphenidate)

JD Supra Law

Case Name: Tris Pharma, Inc. v. Teva Pharms. USA, Inc., Civ. No. 20-5212 (KM)(ESK) (D.N.J. Aug. 16, 2022) (McNulty, J.) Drug Product and Patent(s)-in-Suit: QuilliChew ER® (methylphenidate); U.S. Patents Nos. 9,545,399 (“the ’399 patent”), 9,844,544 (“the ’544 patent”), 9,844,545 (“the ’545 patent”), 11,103,494 (“the ’494 patent”), and 11,103,495 (“the ’495 patent”).

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Who Is the Government Really Backing With Bill C-18?: Rejected Online News Outlet Amendment Tells the Story

Michael Geist

Last week, I wrote about Liberal MP Lisa Hepfner’s comments at the Heritage committee study into Bill C-18, as she dismissed a proposed Conservative amendment by offering a misleading take on CRTC regulation of the news and stating that online news outlets are “ not news.They’re not gathering news. They’re publishing opinion only.” Those comments unsurprisingly sparked anger from many online news outlets, leading to an apology from Hepfner in which she said that Bill C-18 will support digital jo

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Fortnite Crushes Choreographer’s Copyright Claims

JD Supra Law

The boundaries of protection for dance choreography under copyright law were put to the test in a recent case brought against the creator of the popular game Fortnite. Professional dancer and choreographer Kyle Hanagami filed a lawsuit against Epic Games, claiming that his copyrighted dance moves appeared in portions of the Fortnite game without his approval.

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Electric vehicles are here and large-scale adoption is … near?

McKinsey Operations

You might expect electric vehicles to be more popular, with gas prices and sustainability concerns so high. But barriers to widespread adoption remain. Here’s what companies must do to topple them.

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Patent Protection for Entertainment Software Inventions

JD Supra Law

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

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What can GI scholars learn from food research?

The IPKat

As diverse as legal scholarship is on geographical indications (GI), historical and ethnological studies of food may still offer an often-overlooked perspectives on how GIs come into being. In this post, this Kat would like to share some books which caught her GI-focused attention from historical and ethnological vantages. When Champagne became French “ When Champagne became French: Wine and the Making of a National Identity ” by Kolleen M.

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FDA Approves Lantus® Interchangeable Biosimilar

JD Supra Law

On November 18th, the U.S. Food and Drug Administration (FDA) announced its approval of Eli Lilly's Rezvoglar (insulin glargine-aglr) product as an interchangeable biosimilar to Sanofi's Lantus (insulin glargine). Both the reference product and the interchangeable biosimilar are "long-acting human insulin analog[s] indicated to improve glycemic control in adults and pediatric patients with diabetes mellitus" according to FDA's press release.

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The Van of Nerds in France—Overview and Aircrafts

Christopher Roser

In 2019 I organized an Industry 4.0 tour through southern Germany for a few friends. We called this the “Van of Nerds,” and you can read all about it in a series of blog posts starting here. The participants liked the van trip so much that we wanted to repeat this experience… and then came. Read more. The post The Van of Nerds in France—Overview and Aircrafts first appeared on AllAboutLean.com.

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Today at noon EST: Incorporating Online Learning into Law Teaching: Insights from Successful Adopters

43(B)log

Register at this link. Concrete examples of what worked. Hear from Jessica M. Erickson, the Nancy Litchfield Hicks Professor of Law at the University of Richmond, who has written extensively about online teaching; Michael McCann, Founding Director of the Sports and Entertainment Law Institute, University of New Hampshire School of Law (which includes an online certificate program); and Leah Plunkett, the inaugural Assistant Dean for Learning Experience & Technology and Meyer Research Lecture

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The McKinsey Crossword: Self-Possessed | No. 104

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Google Hit With WDTX Patent Suit Over Android Phones

IP Law 360

Google was hit in Texas federal court with a complaint from a company alleging some of the tech giant's Pixel and Nexus smartphones infringe four of its patents related to messaging.

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Juno Asks Supreme Court to Reconsider Denial of Petition on Section 112 Question in Light of Amgen Review

IP Watchdog

Following the denial of Juno Therapeutics’ petition to the U.S. Supreme Court earlier this month, Juno last week petitioned the High Court for rehearing, arguing that the grant of certiorari in Amgen v. Sanofi warrants reconsideration. Juno explained that the issues presented in the Amgen case “are tightly related, and the outcome in Amgen is likely to at least affect, if not be outcome-determinative of, this case.

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Fox Media Using Stolen Broadcasting Tech, Boston Co. Says

IP Law 360

A Boston-based analytics company accused Fox Corp. and its broadcasting arm of infringing patents on its predictive analytics software to create an internal platform for optimizing scheduling and broadcasts of NFL football games on its regional stations, according to a lawsuit filed Tuesday in Delaware federal court.

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What P&C insurers can do as claims inflation pressures results in Europe

McKinsey Operations

Claims executives can use a structured approach that includes transparent tracking, tactics, and strategic actions to tackle claims inflation in the short term and in the future.

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Bracing for Impact – The Future of AI for Legal Practice

IPilogue

Pankhuri Malik is an Osgoode LLM Graduate, IPilogue Writer and IP Innovation Clinic Fellow. Photo by Buda Photography. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The conference focused on “The Future of AI for Society.” While AI is full of exciting possibilities, real-world application and integration are relatively nascent.

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One way to help solve net-zero challenges: Working together as an ecosystem

McKinsey Operations

It is vital to manage three areas when negotiating the rocky 1.5° pathway: clear policies, risks to private capital, and tradeoffs.

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New Paper: “Assuming Good Faith Online”

Technology & Marketing Law Blog

As part of a symposium, I was asked to write a short paper about how the Internet has changed since the mid-1990s when Section 230 was adopted. I chose to address the 1990s stereotype that most early Internet users were well-meaning and trying to build communities, a presumption that seems mockably quaint in the 2020s. I explain why that presumption prevailed in the Internet’s early days, what’s changed since then, and the operational and regulatory implications of that loss of innoc

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Fifth Circuit Seems to Raise the Bar on Venue Transfer Mandamus

Patently-O

by Dennis Crouch. The Federal Circuit has been extremely active over the past few years in hearing mandamus petitions filed under the convenient venue provisions of 28 U.S.C. 1404(a). Most often, these petitions have come from patent infringement defendants who were sued in Judge Albright’s Waco court. To be clear, these are cases where venue is proper, but where the defendant argue that a different venue will be clearly more convenient: For the convenience of parties and witnesses, in t

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[UPDATE] Calls to push back UPC sunrise period as 89% have not been able to obtain/authenticate security devices needed to access Case Management System

The IPKat

Last week the AmeriKat posted a survey on the IPKat to check how many people have been able to access a security device that is necessary to access the Unified Patent Court's (UPC's) Case Management System (CMS) via strong authentication. This was triggered by in-house counsel flagging to the AmeriKat the struggle of getting their paws on security devices needed for authentication and to sign documents being uploaded to the CMS.

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Changes at the USPTO Call for Increased Vigilance

Corsearch

Beginning December 3rd, trademark owners will have just three months to respond to office actions at the US Patent and Trademark Office (USPTO) – down from half a year currently. The change comes as part of the 2020 Trademark Modernization Act (TMA), which, according to the USPTO, will reduce the time it takes to get and maintain a registration, while still providing the flexibility for additional time to be granted for complex office actions.

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Israeli Tech Co. Optinetix Sues More US Grocery Chains

IP Law 360

Grocery chains Giant Eagle and Food City are the latest targets of a patent infringement campaign by an Israeli tech startup that claims it invented a method of "embedding commercial information," like coupons, that the stores use in their mobile apps.

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NPE Showcase – Ridgeview IP

LexBlog IP

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Ridgeview IP. Ridgeview IP is an IP Edge entity responsible for 14 total lawsuits, six of which are still active. (Read more about IP Edge here with respect to another NPE named Stormborn Technologies).

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Fertility MD Loses Round In Trade Secrets Legal Fight

IP Law 360

A Texas appellate court has shot down a fertility doctor's appeal of a lower court's refusal to dismiss her former employer's successful bid to block her from using any of its confidential business information.