Fri.Jun 03, 2022

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Fear factor: Overcoming human barriers to innovation

McKinsey Operations

Worries about failure, criticism, and career impact hold back many people from embracing innovation. Here’s how to create a culture that accounts for the human side of innovation.

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New VPN Crackdown Underway in Russia, Government Confirms

TorrentFreak

Next month will mark the 10-year anniversary of a new law introduced by Russia to ensure the safety of its citizens online. The “Extremist Websites Blocking Law” created a national blacklist to prevent socially harmful websites from being accessed by the public. No longer would extremist, terrorist, Child Sexual Abuse Material (CSAM), or the promotion of illegal drugs be allowed to spread online.

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Author Talks: Think digital

McKinsey Operations

People have long worried about being replaced by machines, but Tsedal Neeley says the true threat to job security in the digital age is other humans—namely those who know how to use digital tools.

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Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

IPilogue

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. In 2020, a South Korean television and radio network, Munhwa Broadcasting Corporation, released a documentary that revealed one family’s journey in recreating their 7-year-old deceased daughter, Na-Yeon, through the technology of virtual reality (“VR

Marketing 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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@DavidCLowery: Address on Acceptance of the American Eagle Award from the National Music Council

The Trichordist

June 2nd 2022 Anaheim California Hello and thank you. Thanks to the board for this award. President James Weaver. Chair Charlie Sanders. Thanks to David Sanders for… Read more "@DavidCLowery: Address on Acceptance of the American Eagle Award from the National Music Council".

Music 98
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5 Things Companies Should Know About The Trademark Office’s “New” Approach to Genericness

JD Supra Law

At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. In the past, examining attorneys at the USPTO used a heightened “clear evidence” standard when refusing an applied-for mark for genericness, which resulted in rare genericness refusals.

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FTC Addresses Social Media, Influencers, Consumer Reviews in Proposed Endorsement Guides Amendments

JD Supra Law

On May 19, 2022, the Federal Trade Commission (FTC) voted unanimously to approve and publish for public comment proposed amendments to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides assist businesses in conforming their endorsement and testimonial advertising practices to Section 5 of the FTC Act, an increasingly important function given the rise in social media and influencer-based advertising.

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Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”

Michael Geist

Nettwerk Music Group has long been recognized as one of Canada’s leading independent music companies. Led by Terry McBride, the company has featured label and management clients that include Coldplay, Sarah McLachlan, Dido, and Barenaked Ladies. The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music.

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How to be a great 21st-century CEO

McKinsey Operations

What do CEOs do? Why do they do it that way? And what matters most?

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Sony Anime Unit Settles Ad Patent Suit Just Before Trial

IP Law 360

Days before a trial was set to begin in the Eastern District of Texas, a Sony unit that operates an anime streaming service reached a settlement with a company that accused it of infringing an advertising patent.

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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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Understanding the SEC’s proposed climate risk disclosure rule

McKinsey Operations

A new rule proposed by the SEC would require companies to significantly increase their reporting on climate risk. We look at the implications for senior executives.

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Attorneys Should Tread Carefully On Job Counteroffers

IP Law 360

Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

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Other Barks & Bites for Friday, June 3: CAFC Finds No Issue with Judicial Correction of Patent Claim, AG Szpunar Says No EU Liability for Amazon from Louboutin Counterfeit Sales, and USPTO Creates Climate Change Mitigation Pilot Program

IP Watchdog

This week in Other Barks & Bites: Tesla CEO Elon Musk cites worsening U.S. economy in an internal email telling executives that the company’s workforce should be reduced by 10%; Ford Motor Company signs a patent licensing agreement with Avanci after an adverse patent ruling in Munich; the Federal Circuit affirms a jury verdict of willful infringement after dismissing an appeal challenging the district court’s judicial correction of a claim term; the U.S.

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Brand Battles: CBD Co. AmeriCanna Fights 'Africanna' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a CBD company called AmeriCanna is taking aim at a rival's efforts to register "Africanna" as trademarks — plus three other cases you need to know about.

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Recent Hot Topics and Developments in Trade Secrets Law

Trading Secrets

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 892 (3d Cir. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”).

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Match Calls Insurer's 'Two Days Late' Denial A 'Gotcha' Move

IP Law 360

Tinder-owner Match Group LLC sued Beazley Underwriting in New York federal court on Friday, accusing the insurer of breaching its policy when it waited seven months to deny coverage for an underlying lawsuit on grounds that the online dating service submitted its claim two days late, although Beazley's offices close on weekends.

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Thaler v Vidal: Oral Arguments on Monday

Patently-O

By Jason Rantanen. On Monday, June 6, the Federal Circuit will hear oral arguments in Thaler v. Vidal, covered on PatentlyO here. Dr. Thaler claims that his AI system, DABUS, has invented a new technology and should be named as its inventor on the patent. Although access to the Federal Courts Building remains restricted, you can listen to the arguments live at [link].

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Fintiv Discretionary Denials Remain In Play

JD Supra Law

F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR. WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response. .

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Fish & Richardson Earns “Band 1” Nationwide Rankings for Intellectual Property and ITC Practices in Chambers USA 2022

Fish & Richardson Trademark & Copyright Thoughts

The firm also received top “Band 1” rankings for patent and ITC practices in Chambers Global. Fish & Richardson received top “Band 1” nationwide rankings for its Intellectual Property (IP) and International Trade: IP (Section 337 Proceedings) practices in the 2022 edition of Chambers USA. The “Band 1” designation – the highest ranking possible – recognizes Fish as among the world’s best law firms based on in-depth, objective research conducted with thousands of lawyers and clients.

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Top takeaways from Kathi Vidal’s early days in office

IAM Magazine

Since her swearing-in as director of the USPTO, Kathi Vidal rolled out new IPR decision review procedures, revealed plans for examiner training to boost patent quality and pledged an upcoming discussion on patent eligibility.

Patent 52
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New BPCIA Complaint: Genentech Files Suit Against Tanvex Regarding its Proposed Herceptin Biosimilar

LexBlog IP

Genentech filed a complaint yesterday against Tanvex in the U.S. District Court for the Southern District of California, alleging infringement of three patents under the BPCIA based on Tanvex’s submission of an aBLA for TX05, a proposed biosimilar of HERCEPTIN (trastuzumab). Genentech asserts that Tanvex’s process for manufacturing TX05 infringes three patents: U.S.

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Del. Judge Recommends Keeping Blood Analyzer IP Row Alive

IP Law 360

Because claims directed to computer technology aren't necessarily abstract under the Alice ruling, a patent infringement lawsuit between two companies that make rival blood sample analyzers should be kept alive for a jury to possibly consider later this month, a Delaware federal magistrate judge has recommended.

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Claim Construction Clash Leads to Invalidity Reprieve

JD Supra Law

In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of collateral estoppel based on the PTAB finding similar claims of a related patent unpatentable in an inter partes review. XR Commc’ns, LLC v.

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Illumina Wants 'Indefensible' $334M DNA IP Verdict Tossed

IP Law 360

Illumina urged a Delaware federal judge Friday to overturn a verdict last month finding that the biotechnology company willfully infringed two Complete Genomics Inc. DNA sequencing patents and owes $334 million in damages, saying the evidence doesn't back the jury's liability finding and the size of the damage award is "indefensible.

IP 52
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Adding Subject Matter to International Patents

LexBlog IP

Is adding new subject matter, similar to continuation-in-part (CIP) applications, more difficult in other countries? Is it easier to maintain the original priority date for new subject matter in the United States than internationally? CIPs are more difficult abroad because the parent applications of a CIP will be used as prior art against the CIP in those instances.

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Banning Boosts Book Sales

Velocity of Content

NPD Bookscan has tracked sales of books that have been challenged recently by school library boards, parents groups, and others, reports Andrew Albanese , Publishers Weekly senior writer. Not surprisingly, NPD’s Kristen McLean found that coverage of bans against specific titles – such as Maus, Antiracist Baby , and Gender Queer – has spurred significant sales increases for these books.

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International Patents: Grace Periods after Public Disclosures

LexBlog IP

Are there any international grace periods to file a patent application after a public disclosure? If I file a US utility patent application, will that prevent me from filing additional patent applications internationally? Once a public disclosure is made, the public disclosure bars the filing of a patent application in almost all jurisdictions. However, in the United States, there is a 12 month grace period starting from the public disclosure to file a patent application.

Patent 52
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AG Szpunar advises CJEU not to extend direct liability for trade mark infringement to operators of online marketplaces

The IPKat

Gigi was also awaiting her delivery. Is the operator of an online marketplace (more specifically: a hybrid marketplace, which also provides logistics assistance to third-party sellers through a fulfilment programme) using third-party trade marks itself, in accordance with Article 9(2) EUTMR , when it displays, on its marketplace, advertisements of independent sellers’ goods that infringe such trade mark rights, which it also delivers to end customers?

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5 Things Companies Should Know About The Trademark Office’s “New” Approach to Genericness

LexBlog IP

At the end of last month, the United States Patent and Trademark Office (“USPTO”) released a guide clarifying how they were approaching the refusals of applied-for marks that could be generic. In the past, examining attorneys at the USPTO used a heightened “clear evidence” standard when refusing an applied-for mark for genericness, which resulted in rare genericness refusals.

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PTAB Strategies and Insights Newsletter: May 2022: Blending Butane Brings Contract Law to 35 U.S.C. § 102's On-Sale Bar and Experimental Use Determination

JD Supra Law

As post grant review allows for on sale bar assertions, and thus experimental use defenses, we wanted to highlight a recent case addressing these issues. Sunoco sued Venture and U.S. Oil Co. for infringement of U.S. Patent Nos. 7,032,629, 6,679,302, 9,494,948, and 9,606,548. After a bench trial, the district court awarded Sunoco $2 million in damages, which was trebled to $6 million.

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Rising Star: Sidley's Steven Horowitz

IP Law 360

Sidley Austin LLP partner Steven Horowitz represented Amgen in patent litigation over its blockbuster autoimmune disease biologic Enbrel and its psoriasis drug Otezla, earning him a spot among intellectual property attorneys under age 40 honored by Law360 as Rising Stars.

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Commissioner of Patents Had Authority to Review IPRs While Moonlighting as USPTO Director

JD Supra Law

On May 27, in Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit agreed that the Commissioner for Patents, performing the duties of the Director of the USPTO, had the authority to decide a request for rehearing of a final written decision in an inter partes review (IPR) issued by the Patent Trial and Appeal Board (PTAB). The Federal Circuit held that the Commissioner’s denial of the request for rehearing did not violate either 1) the Appointments Clause of the Constitution 2) the Fed

Patent 52
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Top takeaways from Kathi Vidal’s early days in office

IAM Magazine

Since her swearing-in as director of the USPTO, Kathi Vidal rolled out new IPR decision review procedures, revealed plans for examiner training to boost patent quality and pledged an upcoming discussion on patent eligibility.

Patent 52
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USPTO Announces New Interim Process for PTAB Decision Circulation and Internal Review

JD Supra Law

On May 26, 2022, the USPTO announced its interim process for PTAB decision circulation and internal PTAB review in hopes of further promoting “consistent, clear, and open decision-making.” This interim process models the Federal Circuit’s ten-day circulation process for precedential decisions and the previous Senior Technical Assistant’s circulation process. .

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Pride Month and the Onslaught of Rainbow Corporate Logos

LexBlog IP

Many of us have become accustomed to the fact that every June, with the calendar signaling LGBTQ+ pride month, we get the inevitable onslaught of corporate logos incorporating the colors of the rainbow flag. And at the end of June, the logos revert to their less colorful versions. The cynics among us like to focus on the July 1 reversion to the old corporate logos, but many of us are mindful of the fact that these yassified logos – even just for a month – are an enormous change from