Tue.Jun 14, 2022

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YouTube and Facebook Are the Top ‘Pirate Sites’ in Denmark

TorrentFreak

Over the past two years, Danish law enforcement authorities have effectively dismantled the once-thriving local torrent tracker scene. These enforcement actions were combined with various court orders that compel Internet providers to block pirate sites. In theory, these efforts should be the perfect environment for piracy to decrease. On the ground, the opposite is happening.

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The Music Industry (Taylor’s Version)

IPilogue

Tanzim Rashid is an IP Innovation Clinic Fellow and a 2L JD/MBA Student at Osgoode Hall Law School & the Schulich School of Business. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. Taylor Swift’s dispute with Big Machine Records shines a spotlight on the legal and business considerations artists should keep in mind when making decisions about how to manage their catalogue. .

Music 120
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Accelerating toward net zero: The green business building opportunity

McKinsey Operations

Surging demand for zero-carbon technologies, materials, and services gives companies opportunities to build new green businesses. Leaders that move quickly could see exponential growth.

Business 119
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Vaccine Access Advocacy Groups Speak Out as COVID IP Waiver Talks Heat Up

IP Watchdog

The People’s Vaccine Alliance issued a statement today, one day before the World Trade Organization’s 12th Ministerial Conference is set to end, accusing the United Kingdom and Switzerland of being “major blockers of the TRIPS waiver for twenty months while millions have died without access to COVID-19 vaccines.” Anna Marriott, Policy Lead at the People’s Vaccine Alliance and Health Policy Manager at Oxfam, said the two countries “have repeatedly disrupted negotiations using the amendment proces

IP 119
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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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Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

TorrentFreak

In the summer of 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House filed a copyright infringement lawsuit against Internet Archive (IA). The publishers described IA’s ‘Open Library’ as an “unlicensed aggregator and pirate site” that makes illegally scanned books available to the public, causing serious damage to authors and publishing companies alike.

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How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 1

Christopher Roser

This post series will be an unusual one. I will tell you how to look good in manufacturing at the cost of your successor. Of course, I do NOT want you to do that. Not only will there be no improvement, but instead the plant will be worse in the long run at the cost. Read more. The post How to Look Good at the Cost of Your Successor (Please Don’t!)–Part 1 first appeared on AllAboutLean.com.

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NFT Company Seeks to Avail Itself of Trade Secret Protections

JD Supra Law

A non-fungible token (“NFT”) is a type of financial asset that is made up of digital data stored in a blockchain. Clear as mud, right? The person or entity that owns the NFT records the ownership in the blockchain, which allows NFTs to be sold and traded. NFTs typically are made up of digital files such as photos, videos, and music. This can even expand to internet viral memes, like Disaster Girl, which became an NFT valued at $401,718.00.

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Dentons Says Ohio Verein Case Decision Threatens All Firms

IP Law 360

Dentons' long campaign to defend its verein structure and dodge a $32 million verdict has arrived at Ohio's top court, where the mega-firm is attacking a recent appellate decision as a "weaponization" of lawyers' communications with clients.

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Recent Trends in Article of Manufacture of Design Patent Claims: GUIs Remain King

JD Supra Law

This article supplements our previous post with updated 2021 data. U.S. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50% greater.

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'It's Time To Rethink Everything,' Vidal Says

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday that it's time to consider the next big changes in patent law after the America Invents Act, while also pushing smaller agency changes through as soon as possible.

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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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Innovative Visualization of Leading Brands is a Clear Path to Distinguishing their Relative Value

IP Close Up

The world’s most iconic brands can be a moving target, changing subtly in value from year to year and industry to industry. Measuring their performance Continue reading.

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Why is the Canadian Government So Indifferent to Privacy?

Michael Geist

Over the past several weeks, there have been several important privacy developments in Canada including troubling privacy practices at well-known organizations such as the CBC and Tim Hortons , a call from business organizations for privacy reform, the nomination of a new privacy commissioner with little privacy experience, and a decision by a Senate committee to effectively overrule the government on border privacy rules.

Privacy 96
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How to unlock the full value of data? Manage it like a product

McKinsey Operations

Creating reusable data products and patterns for piecing together data technologies enables companies to derive value from data today and tomorrow.

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Brianna Chamberlin Named a 2022 Twin Cities Notable Emerging Star in Law

Fish & Richardson Trademark & Copyright Thoughts

We are proud to announce that Brianna Chamberlin has been named a “Twin Cities Notable Emerging Star in Law” (2022) by Twin Cities Business. The “Notables” are nominated by their peers at work and in the community. They are considered leaders, doers, and innovators, and are distinguished by going the extra mile – mentoring, teaching, and volunteering – all while getting the job done at the highest level.

Law 88
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Giving developers a leading role in cybersecurity

McKinsey Operations

Cyber-attacks are happening at such a breakneck pace that protecting against them increasingly starts when developers are first building software. Snyk has built a thriving business by providing the tools that enable this new approach to succeed at scale.

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Attorney Argument Isn't Evidence: CAFC Affirms TTAB's "PARMA COFFEE" Decision

The TTABlog

The CAFC gave this applicant the boot in its appeal from the TTAB's decision [ TTABlogged here ] affirming a Section 2(e)(2) geographical descriptiveness refusal of PARMA COFFEE for, inter alia , coffee and chocolate. Because Parma is a well-known geographic location, and because Applicant Zeta's goods were admittedly "developed" in Parma, Italy, the Board presumed "that there is a goods/place association amongst the consuming public.

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Advanced tech elevates process modeling in batch-processing industries

McKinsey Operations

In high-volume batch-processing industries, reliable models of manufacturing processes can help companies cut production costs while improving quality and performance.

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How To Prevent A Hostile Takeover From Destroying Your Company

IP and Legal Filings

It seems like every day there’s another business leader who is being forced to make an agonizing decision about the future of their company. This hostile takeover is one of the most difficult-to-avoid situations a company can find itself in. These moments usually occur when one or more of your competitors have decided that they can better manage your company’s operations.

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Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Fish & Richardson Trademark & Copyright Thoughts

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. PDF copy available. In today’s connected global economy, obtaining patent protection in multiple jurisdictions is the best way for companies to protect their intellectual property on a global scale.

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The McKinsey Crossword: Four Dimensions | No. 80

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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Alcon's alleged anticompetitive shenanigans to prevent resale were not defenses to TM claims

43(B)log

Alcon Vision, LLC v. Lens.com, Inc., 2022 WL 1665453, No. 1:18-cv-00407-NG-RLM (E.D.N.Y. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Lens.com’s answer asserted affirmative defenses and counterclaims, including seven antitrust counterclaims not relevant to this opinion. Lens.com “sells, at a discount, Alcon lenses, in the United States, that were originally sourced from outside the United States.

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Netflix Wants Broadcom Sanctioned $2K A Day In Patent Fight

IP Law 360

Netflix has asked a California federal judge to slap Broadcom with a $2,000-per-day "coercive sanction" in Broadcom's patent infringement suit against the streaming company, saying Broadcom has violated a discovery order by refusing to hand over documentation of 2,400 licenses unless Netflix agrees to "onerous and unnecessary" restrictions.

Patent 75
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Future-proofing the supply chain

McKinsey Operations

With supply chains in the spotlight, three new long-term transformation priorities form a fresh focus for competitive advantage.

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Accellion Could Pay $8.1M In Settlement Over Data Breach

IP Law 360

A proposed class whose data was allegedly exposed by a hack on file transfer software vendor Accellion has filed for preliminary approval of a settlement with the company for $8.1 million on Monday, potentially resolving claims against Accellion but not its customers, which include BigLaw firms, corporations, banks and universities.

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Organon and Henlius Entered into a Global License Agreement for Henlius’s PERJETA® (Pertuzumab) and PROLIA®/XGEVA® (Denosumab)

LexBlog IP

Organon announced yesterday that it has entered into an agreement with Henlius, whereby Organon will license commercialization rights for biosimilar candidates referencing PERJETA® (pertuzumab) and PROLIA®/XGEVA® (denosumab). According to the press release, Henlius independently developed both biosimilar products. Organon will acquire exclusive global commercialization rights except for China.

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Steps Companies Can Take To Mitigate Privilege Labeling Risk

IP Law 360

Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

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ITC Monthly Wrap-Up: May 2022 - Two Investigations Highlight Different Avenues for Early Disposition

JD Supra Law

This month, there were six new complaints filed at the ITC, including complaints filed by: Hand Held Products, Inc. and Honeywell International Inc. (Certain Barcode Scanners, Scan Engines, Mobile Computers with Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof, Inv. No. 337-TA-1317; Barcode Scanners, Scan Engines, Mobile Computers with Barcode Scanning Functionalities, Inv.

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Ice Miller Adds 4-Partner IP Team From BakerHostetler

IP Law 360

Ice Miller announced Tuesday that four former BakerHostetler partners have joined it in Philadelphia and Washington, D.C., bringing along with them two patent agents and a paralegal.

IP 52
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Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

JD Supra Law

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long adjudicated disputes over infringement claims, awarding injunctions and money damages when appropriate.

IP 52
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Limiting Liability When Using Volunteers: Key Points For Orgs

IP Law 360

Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

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A High Mountain to Climb: Filing DTSA Claims Without any Evidence is Not Enough to Meet “Bad Faith” Standard for Awarding Attorneys’ Fees to Opponent

JD Supra Law

Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. The Federal Defend Trade Secrets Act (“DTSA”) permits a court to “award reasonable attorneys’ fees” to the defendant when a claim of misappropriation is “made in bad faith,” which “may be established by circumstantial evidence.”.

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Recent Trends in Article of Manufacture of Design Patent Claims: GUIs Remain King

LexBlog IP

This article supplements our previous post with updated 2021 data. U.S. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S. design patents that issued in 2021 was still greater than the number of U.S. design patents that issued in each year between 2012-2018, and was more than 50%

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Birdies Moves for Summary Judgment, but the Shoe Does Not Fit

JD Supra Law

In a dispute between San Francisco-based shoe companies, Rothy’s sued Birdies for infringing design patents claiming the ornamental design for a shoe or a portion of a shoe. Birdies moved for early summary judgment on both invalidity and noninfringement. Judge Chhabria denied both motions but expressed skepticism that Rothy’s would prove infringement at trial.

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WIPO World Intellectual Property Indicators 2021: the pandemic did not stop intellectual property

Garrigues Blog

The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report ( WIPI Report 2021 ). In this article we will look at the main aspects of the document, which provides a detailed analysis of global trends in relation to filing, registration, validity and other aspects of intellectual property around the globe, as we did with the 2020 Indicators (see here and here ).

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A brief introduction to the relationship between a drug’s generic name, trade name, and trademark

JD Supra Law

As a special product, the quality of drugs is a matter of health and safety for millions of consumers. Therefore, China has implemented strict regulations on drugs, including their names. There are three different names for drugs: the generic name, trade name, and trademark, each with its own concepts, functions, and usage.