Thu.Apr 06, 2023

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Six CEO priorities for 2023

McKinsey Operations

Leaders around the world are confronting a welter of uncertainties. Here’s how to home in on what matters—and begin making the most of novel opportunities—amid ongoing change.

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How to Make Sure You Can Obtain a Certificate of Good Standing

Cogency Global

What this is: Being in good standing in a given state means you’re properly registered with the state and up to date with the requirements for the filing authority. In some states, a Certificate of Good Standing can also reflect whether an entity is up to date on tax filings as well. What this means: You can probably guess what happens when you’re not in good standing, and why you need to prove it.

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Three ways energy providers can boost resilience and digital CX

McKinsey Operations

Electric power and natural gas organizations are at an inflection point, facing a convergence of challenging global trends in market and customer dynamics. Here’s how they can boost resilience.

Marketing 118
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Two Founders of Piracy Giant Zone-Telechargement Sentenced in France

TorrentFreak

For those who care to remember it, November 2016 was a dark month for communities with a penchant for sharing files. Two huge sites fell in a matter of days, both courtesy of French authorities. When OiNK was shut down in 2007, the world’s largest dedicated music-sharing community fell with it. Few believed that a new site could fill the pig-shaped hole left behind; some insisted it would be wrong to even try.

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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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Oreo v Fab!o: A Ballad of Colours and Syllables [PART I]

SpicyIP

[ This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. Parle Product Pvt. Ltd. In Part I of the post, the authors have analyzed the court’s consideration of intention in its assessment of passing off and trademark infringement. Kartik and Aditya are 2nd-year students at NLSIU, Bengaluru, and had earlier written for us here , here and here.

Branding 105
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Solicitor General to SCOTUS: Courts Got it Wrong in Interactive Wearables, Right in Tropp—But Both Petitions Should be Granted

IP Watchdog

On Wednesday, April 5, the United States Solicitor General (SG) recommended that the U.S. Supreme Court grant certiorari in two patent eligibility cases in order to “clarify the proper reach and application of the abstract-idea exception to patent eligibility under Section 101.” The SG filed the same brief in each of the two cases, Interactive Wearables, LLC v.

Patent 105

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Rise of the Machines: How AI is Shaking Up the Music Industry

JD Supra Law

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or “AI” as it is more commonly referred, has quickly emerged as a game changer across a myriad of industries and music is no exception.

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Examining Deeming Abandonment in the Trade Marks Act – A Call for Revaluation?

SpicyIP

[ This post has been authored by Ritwik Sharma. Ritwik is a final year student of law at the Institute of Law, Nirma University.] In what can be considered déjà vu, the Trade Marks Registry has once again released notifications to carry out mass abandonments. As per this post, nearly 98,000 trademark applications and 82,000 opposed trademark applications are now vulnerable to abandonment due to the non-filing of the reply to examination reports and counterstatements respectively within the presc

Trademark 100
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Copyright Office Issues Guidance for Works Containing Material Generated by AI

The IP Law Blog

On March 16th, the US Copyright Office issued a policy statement regarding the registration of works that contain material generated by artificial intelligence (AI) technology. This statement clarifies the Copyright Office’s practices for examining and registering works that contain such material, as generative AI technologies are capable of producing various forms of expressive material, such as text and images.

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No More Paper Patents: Why Electronic Grant Matters to You

Patent Trademark Blog

The Old Days: Paper Patent Certificates It was only a matter of time. For those who prefer having physical originals, say goodbye to paper patent certificates. Perhaps the USPTO’s transition away from paper certificates is a good thing. I remember, for example, when the original patent certificate was required in filing a reissue application. Those who prefer to work from home now have one less reason to go to the office.

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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How Far Can the Music Go: The Limited Reach of the Trademark Tacking Doctrine

JD Supra Law

BERTINI v. APPLE INC. Before Moore, Taranto and Chen. Appeal from the Patent Trial and Appeal Board. Summary: Tacking a mark for one good or service does not grant priority for every other good or service in the trademark application.

Music 96
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Improving Data Quality Through PIDs: How Scholarly Publishers Use Ringgold Solutions

Velocity of Content

As publishers continue to leverage new systems and tools in their efforts to continually improve publishing workflows, additional challenges with inconsistent and inaccurate metadata have emerged. Often this has had the effect of making interoperability between systems and stakeholders more difficult, creating new obstacles and slowing progress. To help address this friction, many leading publishers, service providers, funders, and other stakeholders have leveraged CCC’s Ringgold Identify Databa

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Copyright Office Issues Guidance for Works Containing Material Generated by AI

JD Supra Law

On March 16th, the US Copyright Office issued a policy statement regarding the registration of works that contain material generated by artificial intelligence (AI) technology. This statement clarifies the Copyright Office’s practices for examining and registering works that contain such material, as generative AI technologies are capable of producing various forms of expressive material, such as text and images.

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Place-based diagnostics

McKinsey Operations

A McKinsey team using a place-based model to drive social change and address racial inequity shares learnings and highlights key considerations for executing a place-based diagnostic approach.

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Newman Dissents from CAFC View that SAS Failed to Show Copyrightability of Nonliteral Elements of Software Programs

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday issued a precedential decision holding that SAS Institute , Inc. failed to establish copyrightability of its asserted software program elements. Judge Newman dissented, arguing the ruling “contravenes the Copyright Act and departs from the long-established precedent and practice of copyrightability of computer programs” and that it represents a “far-reaching change.

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IP Forecast: Del. Judge Set To Turn Up Heat In Funding Probes

IP Law 360

Delaware's top federal judge will grill two lawyers next week over their failure to disclose information about who is funding their clients' patent infringement campaigns against major media companies, questions that one of them has labeled an "invasive inquisition." Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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TTABlog Test: Which of These Three USPTO Refusals Was/Were Reversed?

The TTABlog

Here are three recent Board decisions in three disparate case. At least one of the refusals was reversed. How do you think these three cases came out? [Results in first comment]. In re The PSYCH Group, LLC , Serial No. 88017204 (March 29, 2023) [not precedential] (Opinion by Judge Robert H. Coggins) [Refusal to register THE PSYCH GROUP for psychological services, on the ground of genericness.

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[Video] Webinar | Open Source Software, Patents, and the Question of Compatibility

JD Supra Law

Open source software has become an integral part of the software development industry. Leveraging the combined skills of an open source developer community often leads to improved time-to-market and lower costs for both development and support. However, open source software communities have adopted a wide range of licenses and patent policies, some of which can conflict with business objectives.

Patent 55
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Federal Circuit Narrows Scope for Copyrighting Software Function

Patently-O

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. SAS Inst. v. World Programming Ltd., — F.4th — (Fed. Cir. 2023). The majority opinion authored by Judge Reyna and joined by Judge Wallach affirmed the lower court ruling that SAS failed to establish copyrightability of it

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Dragons’ Den, Series 20 Episode 14

Dragons' Den

This week’s episode rounded up the end of series 20 and it was a good’n. Right from the off we got the whole set of UK registered intellectual property (IP) rights come up for a sunscreen applicator. Also this week we have water-softening shower essentials, a whisky e-commerce platform… and Dragons hugging bears. Summer’s coming for the Solar Buddies First up were best friends and business partners, Kelli Aspland and Laura Waters who were asking for £80k and help with scaling-up their business,

Designs 52
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Interesting Patents | General Mills – Newly Published Biscuit Production Method Streamlines Manufacturing Process

LexBlog IP

Interesting Patents | General Mills | Thursday, April 6, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642fc2d32eaa76309{display: block!important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-642fc2d32eaa76309{display: block!important;}}@media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642fc2d32eaa76309{position: relative !

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The IP Lounge: SCOTUS dog toys, EUIPO FRAND role, and more

Managing IP

In the second episode of our monthly podcast, the Managing IP editorial team unpacks a busy month at SCOTUS, the EU’s solution to the FRAND conundrum, and the biggest stories elsewhere

IP 52
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Chipotle, Sweetgreen End Chicken Beef In Fast Food IP Fight

IP Law 360

Sweetgreen has agreed to change the name of its new "Chipotle Chicken Burrito Bowl" just days after Chipotle Mexican Grill accused the fast-casual restaurant rival of infringing its trademark, according to a statement provided to multiple news outlets on Thursday.

IP 52
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Caught Drunk While Driving In The UAE? Here Are The Legal Procedures And Penalties

LexBlog IP

Drinking While Driving In The UAE The UAE has a zero-tolerance policy when it comes to alcohol. Even though the consumption and sale of alcohol is legalized in authorized and enclosed spaces, one must be extremely careful of the consequences resulting from consumption of alcohol in a public place. If I am caught drunk driving in the UAE, what is the punishment that I may be subject to?

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Del. Judge Certifies Appeal In Amgen, Teva Sensipar Case

IP Law 360

A Delaware federal judge Thursday denied Amgen and Teva's request for another shot at an immediate appeal of a prior judge's refusal to toss a case accusing them of cutting an illegal deal to remove a generic calcium control drug from the market, but will let them appeal his order.

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The New Unitary Patent and Unified Patent Court – A Bigger and Better Patent System for Europe

JD Supra Law

The Unitary Patent and the Unified Patent Court are new building blocks that will supplement and strengthen the existing centralized European patent granting and enforcement system. In short, they will offer users of the patent system a more predictable, coherent and cost-effective option for patent protection and dispute resolution across Europe.

Patent 52
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Real Estate Cos. Trade Claims Of Lying, Witness Coercion

IP Law 360

An Indian judgment Thursday further entrenched the bitter fight over alleged copyright infringement between CoStar Group Inc. and commercial property listing startup rival CREXi as the companies and their U.S. attorneys traded accusations of getting witnesses to lie and coercing the withdrawal of truthful statements.

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Stopping Holes in Your IPR Estoppel Arguments

JD Supra Law

On April 3, 2023, in Ironburg Inventions Ltd. v. Valve Corp., Nos. 21-2296, 21-2297, 22-1070 (Fed. Cir. Apr. 3, 2023), the Federal Circuit for the first time defined the standard for determining the scope of estoppel set forth in 35 U.S.C. § 315(e)(2) for prior art that was not raised in an inter partes review (“IPR”) petition.

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Plantronics Wants $6M For Attys In Cisco Trade Secrets Fight

IP Law 360

Plantronics asked a California federal judge Wednesday to award it more than $6 million in attorney fees and costs after it beat Cisco Systems' trade secrets case against it and a former employee-turned-competitor.

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Halfway There: Judge Wang Recommends Dismissing Design Patent Claims But Allowing Utility Patent Claims

JD Supra Law

On March 23, 2023, Magistrate Judge Wang (S.D.N.Y.) recommended granting-in-part and denying-in-part Defendants’ T-Mobile, USA, Inc. and Samsung Electronics America, Inc.’s (collectively, “Defendants”) motion to dismiss the First Amended Complaint (“FAC”) filed by Plaintiff Bobcar Media, LLC (“Plaintiff”). The FAC alleged, inter alia, patent infringement of both utility and design patents by promotional vehicles supplied by Aardvark Event Logistics, Inc.

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PTAB Axes Peloton Rival's Exercise Bike Patent Claims

IP Law 360

The Patent Trial and Appeal Board has found that several claims in a pair of Mad Dogg Athletics exercise bike patents were invalid, handing a win to patent challenger Peloton.

Patent 52
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I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

JD Supra Law

A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management before filing a trade secret lawsuit, and also highlights some important lessons for trade secret litigators to always keep in mind when preparing a complaint alleging misappropriation of a trade secret….

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Womble Bond Adds Former Bradley Arant IP, Trade Pro

IP Law 360

Womble Bond Dickinson added the former head of Bradley Arant Boult Cummings LLP's international practice group — an attorney who has advised technology firms on intellectual property, international trade and complex litigation matters for over three decades — to its corporate and securities team.

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Patent Case Summaries - April 2023 #1

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52
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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen Deutsche Bank sue another city in Italy over derivatives contracts gone south, dot-com investor Robert Bonnier facing a breach of contract lawsuit from a technology investment company, and film studio Lions Gate raise the curtain on an intellectual property claim against a London cabaret bar. Here, Law360 looks at these and other new claims in the U.K.