Mon.Sep 19, 2022

article thumbnail

Stopping the Trade in Fake Indigenous Art: Following in the Footsteps of Lucinda Turner

Hugh Stephens Blog

The lamented passing of artist and activist Lucinda Turner in Vancouver in early July reminded many of the struggle she engaged in to protect Pacific Northwest Coast Indigenous artforms from counterfeiting and copyright infringement.

Art 130
article thumbnail

Software bill of materials: Managing software cybersecurity risks

McKinsey Operations

As software-related vulnerabilities continue to grow, companies must manage their software cyber risks to innovate faster and create safer, more secure digital products.

116
116
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

[Webinar] Best Practice to Procure a Pharmaceutical Patent in China - September 28th, 10:00 am - 11:00 am CEST

JD Supra Law

China's stance on pharmaceutical patents catches the eye of the entire globe due to its market position. Effective on January 15, 2021, the newly revised China’s Patent Examination Guideline provides new examination rules of pharmaceutical patents, in particular for experimental data and post-filing data, which may have substantial impact on applicants.

Patent 98
article thumbnail

How Public Institutions Enable Private Sector Progress

IP.com

Among the constellation of entities that form the nation’s innovation infrastructure are organizations that conduct the research essential to technological progress. The applied research conducted by private entities and universities. The post How Public Institutions Enable Private Sector Progress appeared first on IP.com - IP Innovation and Analytics.

IP 98
article thumbnail

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?

article thumbnail

Foresight in Patent Litigation: How Adherence to Local Rules Can Make or Break a Case

JD Supra Law

On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the local rules of the jurisdiction in which a patent infringement suit is filed. After Arendi S.A.R.L. (“Arendi”) failed to “produce. an initial claim chart relating each accused product to the asserted claims each product allegedly infringe[d]” under the local rules of.

article thumbnail

Wanjiru v Machakos University: Image rights and its relationship with constitutional/human rights in Kenya

The IPKat

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s gra

Privacy 97

More Trending

article thumbnail

Supreme Court: Judicial Stock Ownership and the Requirements of Recusal

Patently-O

by Dennis Crouch. Back in June, I wrote about the Federal Circuit’s wild decision in Centripetal Networks, Inc. v. Cisco Sys., Inc. , 38 F.4th 1025 (Fed. Cir. 2022). Dennis Crouch, Judicial Recusal Order Saves Cisco $2.75 Billion , Patently-O (June 23, 2022). The patentee has now petitioned the Supreme Court on a the question of whether the statute demands judicial recusal: Whether placing stock in a blind trust satisfies 28 U.S.C. §455(f) and, if not, whether placing trivial amounts of st

Ownership 101
article thumbnail

Patent Poetry: When is trademark generic?

JD Supra Law

In theory, a trademark can last “forever.” For example, the winged hourglass logo of the Longines watch company, originally registered in Switzerland in 1889, is the oldest valid trademark in the International Registry at the World Intellectual Property Organization (WIPO). The oldest trademark in the US that’s still in use is believed to be the Underwood’s Deviled Ham devil logo, registered in 1870.

article thumbnail

Amicus Backs Request for CAFC to Nix TTAB Refusal, Invalidate USPTO Domicile Address Requirement

IP Watchdog

In an amicus brief filed with the U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, September 16, David E. Boundy is backing Chestek PLLC’s appeal asking the CAFC to vacate a Trademark Trial and Appeal Board (TTAB) judgment that upheld an examiner’s refusal of the mark CHESTEK LEGAL for failure to comply with the U.S. Patent and Trademark Office’s (USPTO’s) “domicile address requirement.

article thumbnail

Peer Review Week 2022: A Matter of Trust

Velocity of Content

Way back in college , I was asked by my teachers to read a short book contrasting the Hebrew term emunah (trust) with the Greek term pistis (belief). The rest of the content of this book is not relevant at present — check it out here if you like — but the distinction stuck with me. And it was brought to mind again recently when I learned the theme selected for Peer Review Week 2022 — “ Research Integrity: Creating and Supporting Trust in Research.”.

article thumbnail

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.

article thumbnail

AimJunkies Countersues Bungie for Hacking and DMCA Violations

TorrentFreak

Last year, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the software. AimJunkies denied the claims and argued that cheating isn’t against the law. In addition, it refuted the copyright infringement allegations; these lacked any substance and were ungrounded because some of the referenced copyrights were re

article thumbnail

A biotech survival kit for a challenging public-market environment

McKinsey Operations

After a decade of plenty, biotechs are grappling with a challenging market. To emerge strongly, they can streamline R&D and G&A expenses, evaluate new financing options, and consider mergers with other biotechs.

article thumbnail

Piracy Advertising Researchers Fall Victim to Ransomware Attacks

TorrentFreak

Over the years we have seen dozens of anti-piracy campaigns. Initially, many of these tried to appeal to people’s morals. You wouldn’t steal a car , right? This type of messaging doesn’t work for everyone, so more direct tactics are explored as well. These often focus on various risks, with particular concern for the health of pirates’ computers. Rightsholders and anti-piracy groups regularly highlight reports which show that pirate sites are rife with malware and even alert potential pirates-to

article thumbnail

A Law Firm's Guide To Humane Layoffs As Recession Looms

IP Law 360

Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

Law 75
article thumbnail

Piracy Crisis Averted? AT&T, Verizon & Comcast Lawsuits Dismissed

TorrentFreak

Over the years, dozens of entertainment industry companies have used copyright law to protect their rights online. Some have targeted regular internet users while others have focused on pirate sites. At times, even internet intermediaries have entered the mix. But when it comes to serial litigants Voltage Pictures and parent company Voltage Holdings, no target is too small and no target is too big to avoid scrutiny.

article thumbnail

Disney Must Face Writer's 'Muppet Babies' Suit

IP Law 360

Disney can't escape a lawsuit accusing the company of stealing a writer's ideas for a "Muppet Babies" reboot, a California federal judge has ruled, finding the plaintiffs have plausibly alleged that protectable parts of the writer's work are substantially similar to the revamped series.

75
article thumbnail

The COVID-19 challenge to gender equality

McKinsey Operations

At a meeting of the W20 working group, part of this year’s G20 summit in Indonesia, McKinsey’s Mekala Krishnan discussed the impact of COVID-19 on women.

70
article thumbnail

NIL Profit Considerations For Historically Black Colleges

IP Law 360

LaKeisha Marsh and Montoya Ho-Sang at Akerman examine the role of historically Black colleges and universities in sports, solutions to underfunding issues, and considerations higher education attorneys should address with their clients when operating in the name, image and likeness space.

article thumbnail

The 125th anniversary of the little engine that couldn’t

McKinsey Operations

Once upon a time, the Stanley Steamer was the “car of the future” that broke speed records, drove beautifully, and famously climbed Mount Washington. What could go wrong?

68
article thumbnail

'Tiger King' Joe Exotic Tells Artist To Keep Paws Off His Music

IP Law 360

Joe Exotic — the main attraction in Netflix's "Tiger King" and who is incarcerated for the attempted murder-for-hire of big cat conservationist Carole Baskin — accused the artist whose music is featured in the docuseries of stealing his contractual rights to the songs, according to a lawsuit filed Monday in Florida federal court.

Music 75
article thumbnail

Accelerating gender equality through healthcare

McKinsey Operations

As part of this year’s G20 summit, McKinsey partner Phillia Wibowo addressed the W20 working group’s plenary session in Indonesia.

72
article thumbnail

Calif.'s New Tech Laws May Face Free Speech Challenges

IP Law 360

California recently enacted two groundbreaking laws aimed at holding social media companies accountable for the proliferation of disinformation and hate speech on their platforms and ensuring children are protected online, but legal experts say the laws could butt up against First Amendment protections.

article thumbnail

Digitized Collections at the Vatican Library: A Brief Legal Research Guide

IPilogue

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Pope Francis’ “ pilgrimage of penance ” followed the spiritual leader during a week-long trip across Canada. He apologized on behalf of the Roman Catholic Church (the “ Church ”) for abuse that Indigenous children and communities endured (and continue to endure ) at church-run residential schools.

Law 59
article thumbnail

BREAKING: Goodyear Hit With $65M Verdict In Trade Secrets Trial

IP Law 360

The Goodyear Tire & Rubber Co. was slapped Monday with a nearly $65 million verdict on allegations that it stole ideas that led to successful self-inflating tires.

75
article thumbnail

Fifth Circuit: Corporate censorship has it limits

Likelihood of Confusion

If any of part of the opinion in Netchoice decision (full opinion here) sounds familiar, well, it should. The post Fifth Circuit: Corporate censorship has it limits appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Conditional Claim Limitations

Patently-O

by Dennis Crouch. In re Google , 22-1611 (Fed. Cir. 2022) (non-precedential order). In Arthrex , the Supreme Court rewrote the Patent Act, charging the USPTO Director with authority to review final written decisions stemming from inter partes and post grant review proceedings (IPR/PGR). One open question is the Director’s role in mill run patent applications that have been rejected by the Board.

article thumbnail

European Regulatory Heads Make Biosimilars Interchangeable

LexBlog IP

On September 19, 2022, the European Medicines Agency’s (“EMA”) Biosimilar Medicines Working Party (“BMWP”) and the Heads of Medicines Agencies (“HMA”), a network of the heads of the authorities responsible for the regulation of medicinal products for human use in the European Economic Area, issued a Joint Statement confirming that biosimilar medicines approved in the European Union (EU) are interchangeable with their reference medicine or with an equival

article thumbnail

Vidal Right At Home With Marathon Director Duties

IP Law 360

In late August, U.S. Patent and Trademark Office Director Kathi Vidal finished her first marathon since joining the office in April, and came to a surprising realization: the 26.2 miles she ran in Santa Rosa, Calif., were the biggest break she'd taken from work in months.

article thumbnail

Product or Person, Not Both: Judge Hellerstein Dismisses Complaint for Alleging That the Accused Instrumentality is the Defendant

JD Supra Law

On August 25, 2022, Judge Hellerstein (S.D.N.Y.) granted defendant SAS Institute’s (“SAS”) motion to dismiss plaintiff Invincible IP LLC’s (“Invincible”) complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

IP 52
article thumbnail

LabCorp Infringed Prenatal Test IP, Biotech Biz Tells Jury

IP Law 360

In a Waco, Texas, courtroom on Monday, a small Maryland biotech business claimed its founder revolutionized prenatal testing over 20 years ago, and LabCorp, one of the largest chains of clinical lab providers in the world, owes his company "a couple hundred million dollars" for infringing his patents.

IP 52
article thumbnail

Patent Term Adjustment Under 35 U.S.C. 154(b)(1)(C)(iii) Requires Reversal of Adverse Determination of Patentability

JD Supra Law

Summary: When a patent claim is subject to adverse determinations of patentability first before the PTO and again after appeal, the claim is not entitled to patent term adjustment for the period of the appeal even if the claim eventually issues after post-appeal prosecution and amendment.

Patent 52
article thumbnail

Syntel Asks 2nd Circ. To Scrap $570M Software IP Loss

IP Law 360

Syntel Inc. urged the Second Circuit on Monday to vacate a $570 million judgment and jury verdict that found the information technology company stole Cognizant's trade secrets and ripped off its copyrighted software for insurance administration, arguing that Cognizant did not specifically identify trade secrets at trial and that the damages award was excessive.

IP 52
article thumbnail

Copyright Attorney Discusses Advertiser Vicarious Liability for Social Media Influencer Infringement

JD Supra Law

UMG Recordings, Inc. v. Vital Pharmaceuticals, Inc., 2022 WL 2670339 (S.D. Fla. July 11, 2022) involves a copyright infringement action brought by a group of music publishers and record companies against an energy drink and sports nutrition supplement company doing business as Bang Energy and its CEO.

article thumbnail

This Week in Washington IP: Legislative Measures on Right to Repair, Protecting American Innovation at the NCSC, and Senate Judiciary to Vote on the JCPA

IP Watchdog

This week in Washington IP news, the Senate Judiciary Committee holds a vote on the Journalism Competition and Preservation Act, which has faced some stiff opposition in recent weeks, while the Senate Select Committee on Intelligence takes a look at operations at the National Counterintelligence and Security Center designed to protect American innovation from being stolen by malicious actors.

IP 52
article thumbnail

Crocs Settles Look-Alike Shoe Claims Against Walmart

IP Law 360

Crocs Inc. has agreed to permanently end its patent infringement suit in Colorado federal court against Walmart, which was accused of selling copycat plastic clogs made by a Hong Kong manufacturer that bore its registered "3D marks," according to a notice of voluntary dismissal filed Friday.