Mon.Mar 27, 2023

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Why the Internet Archive Lost

Plagiarism Today

On Friday, a judge ruled in favor of the publishers against the Internet Archive. Here's why the Internet Archive lost that case. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)

Hugh Stephens Blog

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public.

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3 Count: Victorious Gambino

Plagiarism Today

The Internet Archive loses case against book publishers, Childish Gambino wins the This is America lawsuit and more. The post 3 Count: Victorious Gambino appeared first on Plagiarism Today.

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What is a Trademark Registration “Presentation Copy”?

Erik K Pelton

The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. For any trademark that now becomes registered, the recipient automatically receives an electronic version of the registration certificate, and the USPTO no longer mails out a physical copy.

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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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Twitter Hunts Down Github User Who Leaked Company’s Source Code

TorrentFreak

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month. Before he took ownership of Twitter, Musk said that having the code out in the open would be a smart move, but the end of February came and went, without any code appearing in public.

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The next frontier of customer engagement: AI-enabled customer service

McKinsey Operations

AI-enabled customer service is now the quickest and most effective route for institutions to deliver personalized, proactive experiences that drive customer engagement.

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More Trending

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Space: The missing element of your strategy

McKinsey Operations

The space sector is at an inflection point similar to what commercial air travel experienced after World War II and the internet saw in the 1990s. Is your company ready to capture the opportunity?

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MPA and RIAA Megaupload Lawsuits Are Now ‘Inactive’

TorrentFreak

More than a decade has passed since Kim Dotcom’s file-storage empire Megaupload collapsed after becoming the prime target in a high-profile law enforcement operation. The U.S. Government booked an early result in 2015 when programmer Andrus Nomm was handed a one-year prison sentence following a plea deal. The case lit up again last year when two of the three remaining defendants, Mathias Ortmann and Bram van der Kolk, signed an agreement to be charged in New Zealand and avoid extradition t

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Third Circuit follows Second in protecting medical journals against trade libel claims

43(B)log

Pacira Biosciences, Inc. v. American Soc’y of Anesthesiologists, Inc., F.4th -, 2023 WL 2621131, No. 22-1411 (3d Cir. Mar. 24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable.

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SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court

SpicyIP

Image from here Recently, on 6th March 2023, in Bennett Coleman & Co. vs ARG Outlier Media Pvt Ltd , a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. But what makes this case worth tidbit- ing is the court’s open remarks and clarifications on adding new documents on record.

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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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Mickey Mouse to Enter Public Domain in 2024

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Thus, as a new year approaches, those in the field of copyright look to see which works will expire at the end of the year. As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the

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This Week in Washington IP: USPTO Hears from Women Excelling in the Technology Industry; Germany and the United States’ Innovation Future; and the Role of Pharmacy Benefit Managers in the Prescription Drug Supply Chain

IP Watchdog

This week in Washington IP news, the House Subcommittee on Economic Growth, Tax, and Capital Access examines how well creditors are able to identify small businesses that are eligible for additional capital. Elsewhere, the United States Patent and Trademark Office (USPTO) hosts the third event of the 2023 Women’s Entrepreneurship Symposium. Also, the Information Technology and Innovation Foundation (ITIF) discusses the future of manufacturing innovation in Germany and the United States.

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Bombay High Court Grants (the First?) Section 32 License to Translate a Literary Work in Marathi

SpicyIP

Mirabehn with Gandhi at Darwen, Sharko, 1931. Image from here March is a remarkable month for history and literature buffs because of the whole “ Beware of the ides of March” thing. But IP nerds will specifically remember that eleven years ago, in March 2012, India’s first compulsory license was granted by the Indian Patent Office against Bayer’s Nexavar.

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Top priorities for dairy executives in 2023

McKinsey Operations

By focusing on growth, resilience, and sustainability, dairy processors have an opportunity to leverage momentum and engage consumers and customers with a unified story.

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PTAB Precedential Ruling: Expert Declaration Devoid of Supporting Evidence Dooms IPR Petition

JD Supra Law

The Patent Trial and Appeal Board recently rejected an inter partes review petition that relied on a conclusory and unsupported expert declaration. The expert’s written testimony, which repeated portions of the petition verbatim, did not provide the necessary evidence to support the conclusion that one of skill would have understood the prior art as either teaching a limitation or rendering obvious the claims at issue.

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Biden Moves To Curb Government Use Of Spy Software

IP Law 360

The Biden administration moved Monday to place limits on the U.S. government's use of commercially available surveillance software, while disclosing for the first time that it believes such spyware tools have been used 50 times to target U.S. personnel in at least 10 countries.

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U.S. Government Files Amicus Brief in Amgen v. Sanofi

JD Supra Law

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. § 112(a). While these circumstances themselves might motivate amici to file briefs with the Court to weigh in on the Question Presented, the Federal Circuit's trend in recent years to apply more tightly the strictures of Section 112 to chemical and biotechnology.

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The Law Bytes Podcast, Episode 161: Canadian Chamber of Commerce President Perrin Beatty on Why the Government’s Bill C-18 Motion Establishes a Dangerous, Undemocratic Precedent

Michael Geist

Bill C-18, the online news bill whose foundation is mandated payments for links, has unsurprisingly sparked reaction from Google and Facebook that raises the possibility of stopping linking to Canadian news. In an act of obvious retribution, the government responded to the companies response with a motion from Parliamentary Secretary to the Minister of Canadian Heritage Chris Bittle that demanded a wide range of internal and external documents dating back years and even looped in the private cor

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Alice Put to the Test for Video Surveillance Systems

JD Supra Law

On February 17, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Hawk Technology Systems, LLC v. Castle Retail, LLC that affirmed a district court’s decision to grant defendants’ Rule 12(b)(6) motion to dismiss, finding that U.S. Patent No. 10,499,091 (“the ’091 patent”) claimed ineligible subject matter under 35 U.S.C. § 101.

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Internet Archive Should (but won’t) Quit While It’s Behind

The Illusion of More

On Monday last week, oral arguments were presented in cross-motions for summary judgment in Hachette et al. v. Internet Archive, and by end-of-business Friday, the court delivered its opinion thoroughly rejecting IA’s fair use defense. Although many of us watching this case felt a little whiplash Friday evening, the speed with which the court responded […] The post Internet Archive Should (but won’t) Quit While It’s Behind appeared first on The Illusion of More.

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The United States Copyright Office Provides Further Guidance on Copyrighting AI-Generated Works

JD Supra Law

The use of artificial intelligence (AI) to generate creative works raises interesting legal challenges to the protection of intellectual property. The plain language of the Copyright Act presents obstacles to artists who may use generative AI as part of their creative process, because an author of a work’s expressive elements must be human and not machine.

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Infrastructure technologies: Challenges and solutions for smart mobility in urban areas

McKinsey Operations

Smart mobility solutions can transform city living and improve quality of life—but are difficult to implement at scale. A collaborative, ecosystem approach could be the way ahead.

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Deep Dive into Generative AI and What Will Drive Tomorrow

JD Supra Law

Since our last post looking at artificial intelligence and generative AI, we have seen an explosion of activity that can only be referred to as a “hype-cycle.” There is a growing consumer and enterprise appetite for this technology, and more and more companies are jumping on board. And with all this buzz, there is an even greater interest on the part of investors, who are looking to position themselves ahead of each new wave of development.

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What is agile?

McKinsey Operations

Agile is a way of working that seeks to harness the inevitability of change, rather than resist it.

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Beyond Publishers

Velocity of Content

Continents famously drift. Tectonic plates floating over the Earth’s crust move slowly, then collide dramatically. In publishing over the last 20 years, such seismic activity has reshaped the landscape, creating new geographies for the book business. From a bird’s-eye view, publishing industry analyst Rüdiger Wischenbart asserts, our new publishing planet has few major continents.

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Winner takes all? Digital in the utility industry

McKinsey Operations

With the utility industry so fragmented across North America, can digital platforms enable it to consolidate at scale, resulting in lower prices, better service, and more satisfied customers?

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Dispute Prevention Strategies To Halt Strife Before It Starts

IP Law 360

With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

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Food plight

McKinsey Operations

Disruptions to the world’s food system are deepening the global food crisis. Efforts by the grocery industry and consumers can help prevent a worsening scenario.

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Activision Atty Tells Judge Code Cheaters Taunting Him Online

IP Law 360

In an effort to convince a California federal judge that Activision's claims against German entities over alleged cheat codes for Call of Duty don't belong overseas, the gaming company's attorney said the defendants' activities are so specially targeted at California that they are even taunting him by name online.

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Centripetal Files Mandamus Petition Following PTAB’s Retaliatory Sanctions for Questioning APJ Financial Interests

IP Watchdog

Last week, cyber threat intelligence firm Centripetal Networks filed a petition with the U.S. Court of Appeals for the Federal Circuit seeking mandamus relief from the Patent Trial and Appeal Board’s (PTAB) “extraordinary departure from basic elements of due process” during inter partes review (IPR) proceedings challenging Centripetal’s patent claims.

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Roots Bassist's Widow Accuses Band Founders Of Fraud

IP Law 360

The widow of former Roots bassist Leonard "Hub" Hubbard, has filed racketeering claims against the members of the Philadelphia-based hip-hop collective and house band for NBC's "The Tonight Show" along with several affiliated companies, alleging they enriched themselves at her late husband's expense.

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The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments

IP Watchdog

The U.S. Supreme Court heard three separate arguments today in Amgen v. Sanofi, a case that even Sanofi’s counsel agreed could effectively wipe out patents involving genus claims if the Court sides with Sanofi, or—as counsel for Sanofi and the Solicitor General’s Office suggested the Court could do—if it were to dismiss the case as improvidently granted.

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Twitter Goes After GitHub User For Source Code Leak

IP Law 360

Twitter is asking a California federal court to force Microsoft-owned developer platform GitHub to reveal the identity of one of its users after part of the social media network's source code was allegedly published online.

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Bye Bye Functional Claims

Patently-O

by Dennis Crouch Oral arguments from Amgen v. Sanofi suggest the potential of a blockbuster Supreme Court decision further derogating functional claim limitations (all of which are also genus claims). A key question is whether the court will include limiting language that that directs impact primarily upon the “unpredictable arts.” At oral arguments, the Supreme Court was quite hostile to the patentee counsel Jeffrey Lamken and his attempt to defend Amgen’s functionally claime

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Hollywood Studios' Piracy Case Ends In $30M Settlement

IP Law 360

A federal judge in California has signed off on a $30 million settlement between major Hollywood studios and the owner of two streaming companies that were accused of selling pirated access to movies like the "Harry Potter" franchise and episodes of "The Office.