Mon.Oct 10, 2022

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Book Review: The Artificial Inventor - A Challenge for the Patent System

The IPKat

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

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Robot War at ITC Leads to Preliminary Win for iRobot

IP Watchdog

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

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Hollywood and Netflix Report Top Piracy Threats to US Govt

TorrentFreak

The Motion Picture Association (MPA) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America.

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Amgen Says Solicitor General’s ‘Disagreement With Everyone’ Further Supports SCOTUS Review of Legal Standard for Enablement

IP Watchdog

On October 5, American biopharmaceutical firm Amgen filed a supplemental brief at the U.S. Supreme Court, which comes about two weeks after the U.S. Solicitor General’s office filed a brief urging the Court to deny certiorari on Amgen’s petition for writ. Amgen’s petition seeks Supreme Court review of rulings in the lower courts invalidating Amgen’s patent claims for lack of enablement.

Patent 105
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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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Telegram Piracy: Police Target 545 Channels & Eight Suspected Admins

TorrentFreak

The mainstream file-sharing scene is well-known for its public-facing websites and forums but underneath all of that, chat channels have always played a big role. Internet Relay Chat (IRC) was a popular option when BitTorrent sites ruled the waves. Many sites had channels serving as community hubs on one hand, and portals to the latest files on the other.

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Process Mining for Augmented Workflows

IP.com

Workflows are the heart of any modern organization. Whether workflows are automated or manual, deployed by small businesses or large enterprises, the systems a company deploys to bring a product. The post Process Mining for Augmented Workflows appeared first on IP.com - IP Innovation and Analytics.

IP 98

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Today in Patent Law Class: Markman v. Westview Instruments

Patently-O

by Dennis Crouch. Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” The Supreme Court’s answer: No, although claim construction might involve underlying factual determinations, the doctrine is ultimately a question of law best deci

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Three reasons why you should not overlook the Unitary Patent

JD Supra Law

This latest publication in our UPC series takes you through three main advantages of the Unitary Patent system, compared to previous protection options: costs and simplicity, centralized proceedings, and benefits for future litigation.

Patent 98
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Digital twins: The foundation of the enterprise metaverse

McKinsey Operations

Companies can leverage digital twins in a way that delivers significant value today—while building the engine for the enterprise metaverse of tomorrow.

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[Webinar] The European Patent System Is A-Changin’: The Unitary Patent and Unified Patent Court - October 18th, 9:00 am - 10:00 am PDT

JD Supra Law

Please join Fitch Even and Greaves Brewster for a free webinar, “The European Patent System Is A-Changin’: The Unitary Patent and Unified Patent Court,” on October 18 at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12 noon EDT / 5:00 p.m. BST. A major change to the European patent system is imminent. A new Unitary Patent and Unified Patent Court are expected to come into effect in early 2023.

Patent 98
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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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Building a cybersecurity culture from within: An interview with MongoDB

McKinsey Operations

MongoDB’s security champions program leadership team discusses how cybersecurity training can create a company-wide culture that prioritizes security and encourages employees to get involved.

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Patenting Fintech: ArentFox Schiff Obtains a Patent for Acronis International GMBH for Securing Crypto-Asset Transactions Using Smart Contracts

JD Supra Law

Crypto-asset transactions are rapidly growing in popularity. However, a surge of cybersecurity breaches and hacker attacks on cryptocurrency exchanges and cryptocurrency wallet service providers has caused billions of dollars in crypto-asset losses to its owners.

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Mental Health is Health

U.S. Department of Commerce

Mental Health is Health. October 10, 2022. KCPullen@doc.gov. Mon, 10/10/2022 - 12:00. While it may seem there is a special day for everything on our modern calendar, perhaps having a small nudge gives us an opportunity to think deeper about important topics and people that are a part of our life. World Mental Health Day is one of those days that focuses our attention on a topic that touches all our lives and gives us an opportunity to better understand our own mental health and the health of the

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[Audio] Data, Architectural Engineering, and Designing a Better Future

JD Supra Law

In the world of architecture, there is an incredible amount of data that goes into designing a building. We are joined by Stet Sanborn and Katrina Kelly-Pitou from SmithGroup, an award-winning architectural design firm known for its integrated practice and commitment to excellence in strategy, design, and delivery. Stet is an Engineering Discipline Leader and award-winning designer with a background in both engineering and architecture, as well as a passionate advocate for Net Zero Energy and.

Designs 98
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Emerging from disruption: The future of pharma operations strategy

McKinsey Operations

To maintain profitable and resilient operations, CEOs and COOs of pharma companies may need to make bold changes to their operations strategy as the industry navigates new challenges.

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Another Term, Another Section 101 CVSG

JD Supra Law

Last week marked the start of the Supreme Court’s October 2022 Term. That meant another “long conference” order list acting on most of the petitions that had accumulated over the summer. The Court did not grant any new cases from the Federal Circuit. But it called for the views of the Solicitor General in two such cases—one of which may give our readers a sense of déjà vu.

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AI in biopharma research: A time to focus and scale

McKinsey Operations

By focusing on specific scientific and operational pain points and fully integrating AI into research workflows, biopharma companies can deliver greater patient impact and significant value.

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Timothy B. Dyk: The Education of a Federal Judge

Patently-O

Judge Dyk’s autobiography is newly released (with Bill Davies). It is a little bit pricy, but I have ordered my copy already. ( $40 from Amazon ).

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Present company included: Prioritizing mental health and well-being for all

McKinsey Operations

A McKinsey Health Institute survey across 15 countries highlights how employers can make mental health a reality, especially for young workers.

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Update on Otto vs. Edina Schools Case

BYU Copyright Blog

The Otto vs. Independent School District case (previously reported on here) unfolds further with recent updates. On January 3, 2022, Michael Otto ("Otto") filed a Complaint against the Minnesota Independent School District No. 273 (the "District") because the District started allowing third parties to use Otto's drawing of a hornet on publicly sold merchandise without his permission.

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Publishing Zeroes in on Net Zero

Velocity of Content

Nature Climate Change , based in the UK. Frontiers in Climate in Switzerland. PLOS Climate , with headquarter in California. The Journal of Climate Change , published in Amsterdam by IOS Press. Scholarly publishers around the world have taken up the challenge to publish the latest research on what may prove to be the story of the century: That technologies created by humankind are altering the natural ecosystem of planet Earth – with dangerous consequences.

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PCT Receiving Office (RO): When a PCT application cannot be filed with the USPTO

Patent Trademark Blog

What is a PCT Receiving Office (RO)? In order to file a PCT application , a Receiving Office (RO) must be selected. For most US practitioners, the default is to select the US as the Receiving Office due to the familiarity of electronically filing patent applications with the USPTO. There’s just one problem. The USPTO cannot serve as the PCT Receiving Office if none of the applicants are US nationals or residents.

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The Expansion of IPR Estoppel – Potential Win for Patent Owners

JD Supra Law

Since its inception, the PTAB has gained a negative reputation among patent owners, even being referred to as “patent death squads.” However, in the past year the Federal Circuit has provided a glimmer of hope for patent owners through the expansion of inter partes review (IPR) estoppel. Because of Cal. Inst. of Tech. v. Broadcom Ltd., 25 F.4th 976 (U.S.

Patent 52
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The Expansion of IPR Estoppel – Potential Win for Patent Owners

LexBlog IP

Since its inception, the PTAB has gained a negative reputation among patent owners, even being referred to as “patent death squads.” [1] However, in the past year the Federal Circuit has provided a glimmer of hope for patent owners through the expansion of inter partes review (IPR) estoppel. Because of Cal. Inst. of Tech. v. Broadcom Ltd. , 25 F.4th 976 (U.S.

Patent 52
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Sidebars Podcast | The 2022 Mental Health Special Episode: Burnout in the Legal Profession

JD Supra Law

In this special episode, hosts April Abele Isaacson and Kate Geyer are joined by Kasey Koballa, an Associate from the Kilpatrick Townsend Raleigh office. Kasey’s practice focuses on patent litigation in federal courts and before the ITC in matters relating to a wide variety of industries, including video games and footwear and sport apparel. In 2015, Kasey received a BS in Chemical and Biomolecular Engineering with a minor in Biotechnology from North Carolina State University, where she.

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EU Accuses Teva Of Misusing IP To Block Rival MS Drugs

IP Law 360

Europe's competition enforcer accused Teva Pharmaceuticals on Monday of stifling competition for its branded multiple sclerosis treatment by artificially extending patent protections and spreading misinformation about rival products.

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The Pharma Industry and Investment Arbitration: What Chances for Foreign Investors?

JD Supra Law

The possibility for pharmaceutical companies to usefully resort to investment arbitration has been until recently shrouded in ambiguity. While the possibility to assume jurisdiction over cases concerning the registration of a patent abroad or the application for a marketing authorization depends on the wording of the relevant investment treaty, it has been sometimes debated whether the invalidation of a patent, or the refusal/invalidation of a marketing authorization may constitute violations of

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Claims and Affirmative Defenses Must be More than Bare Bones Allegations

Chicago IP

H-D USA, LLC v. Partnerships & Unincorporated Assocs. , No. 21 C 496, Slip Op. (N.D. Ill. Mar. 14, 2022) (Tharp, J.). Judge Tharp granted plaintiff Harley Davidson’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s first counterlcaim and granted in part its motion to dismiss affirmative defenses in this trademark dispute involving HARLEY DAVIDSON marks.

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[Audio] The Impact of the Wrigley Lawsuit on Cannabis IP Rights

JD Supra Law

Greenberg Glusker intellectual property lawyer Elizabeth (Liz) Sbardellati joins cannabis practice colleagues Michelle Mabugat, Priya Sopori and Alexa Steinberg to chew over a landmark case in intellectual property law in this edition of “The Grass is Always Greenberg.” Liz examines the recent federal trademark infringement lawsuit concerning famed candy producer Mars Wrigley and the use of its well-known brand names in connection with cannabis products and what it means for IP rights moving.

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Claims and Affirmative Defenses Must be More than Bare Bones Allegations

LexBlog IP

H-D USA, LLC v. Partnerships & Unincorporated Assocs. , No. 21 C 496, Slip Op. (N.D. Ill. Mar. 14, 2022) (Tharp, J.). Judge Tharp granted plaintiff Harley Davidson’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s first counterlcaim and granted in part its motion to dismiss affirmative defenses in this trademark dispute involving HARLEY DAVIDSON marks.

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Naked Licensing: That’s Your Name, So Don’t Wear It Out

JD Supra Law

From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider different ways to develop its brand’s reach, such as expanding its market presence by allowing third parties to use, market, or otherwise promote goods or services using its brand name.

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Major League Baseball – SDNY Balks?

Likelihood of Confusion

A potentially troubling (from the teams’ point of view) thought from the Southern District of New York in a case brought by Major League Baseball against a company selling beanbags. The post Major League Baseball – SDNY Balks? appeared first on LIKELIHOOD OF CONFUSION™.

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[Audio] Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)

JD Supra Law

When an employee leaves for a competitor, it’s not uncommon for the former employer to investigate whether the employee took information on the way out the door. But, a recent case from the Georgia Court of Appeals, Patel v. Duke Hospitality LLC, highlights some limits on what the former employer can do. As Ben Fink discusses in a recent article about the case, “Employers often assume they are empowered to exercise broad discretion when investigating employee computer misconduct, especially.

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Amgen’s in-house litigators secure good results in ANDA patent litigation

IAM Magazine

Docket Navigator shows that Amgen’s in-house legal team appeared on 78 of the 85 patent assertions in US district court since 2008

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Alaska Airlines Fights Virgin's $160M Bid For US Brand

IP Law 360

Lawyers for Alaska Airlines told a judge on Monday that the company is under no obligation to pay Virgin up to $160 million under a trademark licensing agreement after wiping out the Virgin America brand following a merger.