Fri.Jul 01, 2022

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E-commerce: At the center of profitable growth in consumer goods

McKinsey Operations

Winning North American consumer goods companies are fundamentally rethinking their capabilities and operating models to meet the evolving needs of consumers and customers.

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First Responders Need Data. Can LTE Networks Come to the Rescue?

U.S. Department of Commerce

First Responders Need Data. Can LTE Networks Come to the Rescue? July 1, 2022. KCPullen@doc.gov. Fri, 07/01/2022 - 10:44. Infrastructure. Urban and rural network models could tell us how first responders get critical information. Push-to-Talk (PTT) radios are first responders’ primary means of communication in an emergency. These two-way radios rely on Land Mobile Radio (LMR) networks to carry signals.

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Supreme Court Embraces Originalism In 'Momentous' Term

IP Law 360

The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.

Law 98
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The Supreme Court Sidesteps America's Patent Eligibility Crisis

JD Supra Law

In an order that is clearly less impactful and damaging than a number of opinions that the Supreme Court has disgorged in the last two weeks, the justices have denied certiorari in American Axle & Mfg. Inc. v. Neapco Holdings LLC. To many, American Axle represented the Gordian Knot in patent-eligibility that had been unartfully tied by the Court with help from the Federal Circuit.

Patent 98
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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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BREAKING: Jury Hands Endo Win In Opana Pay-For-Delay Case

IP Law 360

An Illinois jury sided with Endo Pharmaceuticals on Friday over allegations that it struck an unlawful settlement with Impax Laboratories to delay a generic version of Endo's Opana ER painkiller, finding the deal did more to boost competition than stifle it.

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Supreme Court Denies Cert in American Axle

JD Supra Law

In a month where the Supreme Court's conservative majority has exercised its judicial muscle by striking down several well-established precedents, one portion of their jurisprudence is as fixed a constant as the Northern Star: the Court will not address the morass in patent subject matter eligibility created by the decisions in Bilski, Mayo, Alice, and Myriad, and once again refused to do so in American Axle & Mfg.

Patent 98

More Trending

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Supreme Court Refuses (Again) to Jump Back into the 101 Fray

JD Supra Law

As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time. Many thought this would be the case in which the Supreme Court finally provided some clarification on Section 101. After all, the Federal Circuit split six-to-six in denying rehearing, with opinions stating the need for revisiting the Supreme Court’s precedent.

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

IP Law 360

This past week in London has seen a Belgian precious metals company going for gold in a claim against the Guinean Central Bank, the former nanny of Prince William and Harry seeking royal treatment in a case against the BBC, and betting company IG Index looking to hit the jackpot in a legal battle with property tycoon Robert Tchenguiz over unpaid debt.

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Spotlight on online gaming

JD Supra Law

There is no need to say that online gaming has conquered the world and certainly will shape the future. It is an industry with one of the quickest product launches, rise of new market players and key drivers for new technology – yet it is prone to issues such as trademark infringement and money laundering in a constantly changing regulatory environment across jurisdictions.

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‘Tarantino Doesn’t Own the Copyright to Pulp Fiction Screenplay NFTs’

TorrentFreak

Last fall, movie director Quentin Tarantino announced that he would auction ‘Pulp Fiction’ NFTs to the public. These NFTs would unlock handwritten scripts and exclusive custom commentary from Tarantino, assets that many fans would like to get their hands on. NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement.

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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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U.S. Departments of Treasury and State Expand Sanctions To Restrict Russia’s Access to Services and Economics and Combat Evasion and Backfill Activities

JD Supra Law

On June 28, 2022, the Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) and the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a Joint Alert urging financial institutions to be vigilant against efforts by individuals or entities to evade BIS export controls implemented in connection with the Russian Federation’s further invasion of Ukraine.

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Meet the Bloggers at INTA 2019!

Likelihood of Confusion

MEET THE BLOGGERS at #INTA2019 in Boston will be on Monday, May 20th, 8:00 - 10:00 PM, at "Kings Bowl." INTA attendess of all but one shape are urged to attend. The post Meet the Bloggers at INTA 2019! appeared first on LIKELIHOOD OF CONFUSION™.

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Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

JD Supra Law

Recently the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions, in Benjamin Moore & Co v Canada (Attorney General), 2022 FC 923 [Benjamin Moore].

Patent 96
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Supreme Court – Looking Forward to 2022-2023

Patently-O

By Dennis Crouch. The Supreme Court has closed-out its 2021-2022 term without deciding or granting certiorari in any patent cases. Overall, the court denied certiorari in 40+ patent cases, including the biggest case of American Axle. I’ll post a review of those denied cases later this month. Meanwhile we can start a preview for the 2022-2023 term.

Patent 81
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Seven Pirate IPTV Operators Sentenced to Almost Nine Years in Prison For Fraud

TorrentFreak

In many countries around Europe, pirate IPTV services, suppliers and resellers have become primary targets for entertainment industry groups. These cut-price subscription streaming platforms are both widely available and popular with consumers but rightsholders view them as criminal enterprises with no legitimate place in the market. That belief is shared by law enforcement agencies across the continent, with Spain just one of the battlegrounds.

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Navigating a decade of challenges: Five winning initiatives for mining CEOs

McKinsey Operations

Miners will need to dig deep—and not just metaphorically speaking—to boost performance and deliver value as a decade of unprecedented challenges unfolds.

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Pro Say & The Term Discuss A Historic Supreme Court Term

IP Law 360

A U.S. Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.

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U.S. Census Bureau Releases Key Stats in Celebration of the Fourth of July

U.S. Department of Commerce

U.S. Census Bureau Releases Key Stats in Celebration of the Fourth of July. July 1, 2022. KCPullen@doc.gov. Fri, 07/01/2022 - 10:58. Did You Know? 2.5 million. The estimated number of people living in the newly independent nation in July 1776. . 331,449,281. The nation’s population on April 1, 2020. 56. The number of signers of the Declaration of Independence.

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Brand Battles: Shopify Takes Aim At Rival's 'Shopee' TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Canadian e-commerce giant Shopify is trying to block Singaporean rival Shopee's efforts to register its name as a trademark — plus four other cases you need to know about.

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maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

At least there's something that doesn't? 3M Co. v. Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D. Ind. Jun. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. But to raise the price of poker, Defendants have counterclaimed alleging a litany of offenses, many related to Plaintiffs’ egregious act of failing to shut down the email and voicemail accounts of former employees [who are now individual defendants].

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Meta Sinks Photo-Tagging Patents Under Alice

IP Law 360

A California federal judge has granted Meta's calls to dismiss claims that photo-tagging features on Facebook and Instagram infringe a patent-holding company's technology, invalidating the asserted patents under Alice because they are abstract and lack an inventive element.

Patent 75
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TTABlog Quarterly Index: April - June 2022

The TTABlog

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog. Section 2(a) - False Association: TTAB Reverses Section 2(a) False Association Refusal of "WILL AND KATE PHOTOGRAPHY" for Photography Services Section 2(d) - Likelihood of Confusion: TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar IMAGINELABORATORIES.COM Confusable With IMAGINATION

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Miramax Says It Has Rights To 'Pulp Fiction' Screenplay, Too

IP Law 360

Miramax owns the rights to both the "Pulp Fiction" film and screenplay, the studio said in California court Thursday, arguing that Quentin Tarantino cannot auction off exclusive scenes from the film as non-fungible tokens and urging the court to reject the filmmaker's attempt to get its copyright suit axed.

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ALA Conference Draws 14K Attendance

Velocity of Content

In Washington DC, the annual conference of the American Library Association – the first such in-person ALA event in three years – concluded on Tuesday. According to Andrew Albanese , Publishers Weekly senior writer, ALA officials reported 13,990 total registrations, with 8,023 attendees, mostly librarians, and 5,133 exhibitors, including publishers and technology vendors.

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Canadian Federal Court Applies New Test for Patent Subject Matter Eligibility

LexBlog IP

Canadian Federal Court Applies New Test for Patent Subject Matter Eligibility. New Canadian Federal Court decision implements new statutory subject matter evaluation as applied to computer-implemented inventions and medical diagnostics. The new test outlined by the Federal Court of Canada requires the CIPO to perform a three-step evaluation: 1. Purposively construe the claim. 2.

Patent 52
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Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

The IP Law Blog

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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EMA CHMP Recommends Grant of Marketing Authorization for Three Biosimilars

LexBlog IP

The European Medicines Agency’s (EMA) Committee for Medicinal Products for Human Use (CHMP) recently adopted positive opinions for three biosimilar products. On June 23, 2022, CHMP recommended the grant of a marketing authorization for RANIVISIO (ranibizumab) to Midas Pharma GmbH. RANIVISIO references LUCENTIS® and, if approved, would be used to treat neovascular (wet) age-related macular degeneration, visual impairment due to macular edema or choroidal neovascularization, and prolife

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Epic Sees Punitive Damages Award In IP Suit Cut By $140M

IP Law 360

A Wisconsin federal judge cut in half a $280 million punitive damages award health care software provider Epic Systems Corp. won against units of Indian superconglomerate Tata Group in a trade secrets case, after the Seventh Circuit said the figure was too high.

IP 52
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[Video] The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material.

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Norton Fights Columbia's Atty Award Bid After Patent Verdict

IP Law 360

NortonLifeLock Inc. and Columbia University filed a flurry of responses and oppositions Friday after the university won $185 million in May over two anti-malware patents, with the cybersecurity company opposing Columbia's motion for attorney fees and enhanced damages, and the university fighting Norton's bid for a new trial, among other things.

Patent 52
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Disclosures Under Joint Defense Agreement Were Not A Protective Order Violation

JD Supra Law

STATIC MEDIA LLC v. LEADER ACCESSORIES LLC - Before Dyk, Reyna, and Taranto. Appeal from the Western District of Wisconsin. Summary: It was an abuse of discretion to hold a party in contempt for an alleged protective order violation resulting from a third person’s use of confidential information in a co-pending litigation when the third person (1) agreed to be bound by the order, (2) was reminded of its obligations under the order, and (3) the disclosure was made pursuant to a joint defense.

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Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

LexBlog IP

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

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Meet John Narayan! The Newest Member of Stock Legal!

Stock Legal Blog

Record Scratch! -Freeze Frame- Yep. That’s me over there, trying to scratch out an introductory blog post that’s the right amount engaging, biographical, and…bloggy…. So, you may be wondering how I got here, trying to dream up an appropriately serious origin story - and using words like “bloggy”. Well, if you want to know a bit more about me, this post is for you.

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Small Claims, Big Questions: The New Copyright Claims Board Gets Its Debut

JD Supra Law

After two years of groundwork, the Copyright Office’s new forum for hearing small copyright claims is finally here. The Copyright Claims Board (CCB) began accepting claims on June 16 and seeks to provide a streamlined alternative to resolving copyright disputes in federal court.

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Internal Market Committee endorses agreement on Digital Services Act

Kluwer Copyright Blog

Photo by Paul Felberbauer on Unsplash. Last month, the Internal Market Committee of the European Parliament endorsed the provisional agreement previously reached with EU governments on the Digital Services Act (DSA). The DSA, together with its sister proposal on the Digital Markets Act (DMA) , sets standards for a safer and more open digital space for users and a level playing field for companies.