Tue.May 31, 2022

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3 Count: Matrix Arbitration

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pinterest Prevails in Photography Copyright Dispute. First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. The case involved photographer and author Harold Davis, who sued Pinterest, alleging that the company featured images he created without permission.

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Bill C-11 and User Content at the Heritage Committee: The Gaslighting Continues

Michael Geist

The Standing Committee on Canadian Heritage continues its hearing into Bill C-11 today with hours of scheduled testimony and witnesses that include Netflix, Youtube, and CRTC Chair Ian Scott. The witness list is becoming notable both for who is not included (a bill called the Internet Streaming Act without TikTok or Amazon or Apple or Roku?!) and who is back for another appearance (Scott will surely face pressure to soften his earlier comment that the user content is included in the bill ).

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Addressing employee burnout: Are you solving the right problem?

McKinsey Operations

Employers have invested unprecedented resources in employee mental health and well-being. With burnout at all-time highs, leaders wonder if they can make a difference. Our research suggests they can.

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Piracy: Disney Files Police Complaint Against Tamilrockers & Pikashow

TorrentFreak

In common with other countries attempting to reduce their movie and TV show piracy problem, India has provisions in copyright law that allow rightsholders to limit access to pirate sites. Disney has utilized this mechanism to compel ISPs to block subscriber access to pirate sites and has also obtained so-called ‘dynamic’ injunctions that allow new circumvention domains to be blocked too.

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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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The Value of a Great Logo

Erik K Pelton

A great logo can communicate a lot about a brand. Logos can become registered trademarks too. In this episode, Erik shares several examples of great logos and why businesses ought to consider protecting logo designs. The post The Value of a Great Logo appeared first on Erik M Pelton & Associates, PLLC. A great logo can communicate a lot about a brand.

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Protecting Intellectual Property in Augmented Reality

IP Watchdog

Augmented Reality (“AR”), along with Virtual Reality (“VR”), is rapidly growing in prominence and will be transformative to the way we live, work, learn and play. Both AR and VR will undoubtedly bring a whole set of novel IP issues for individuals, companies, IP practitioners and the courts. Like any new technological area, such as cyber law for the nascent internet technology in the early 1990s, many legal issues need to be addressed and many more are yet to be discovered as this area evolves.

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IP Practitioners Speak Out on the U.S. Government’s Approach in American Axle Brief

IP Watchdog

Last week, the United States Solicitor General recommended granting review in American Axle & Manufacturing v. Neapco Holdings, a case many in the patent community hope will provide clarity on U.S. patent eligibility law. IPWatchdog asked stakeholders to weigh in on whether the SG took the right approach and what this latest development means for the fate of U.S. patent eligibility.

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Google’s dialogue in the conversation of improving the US Patent System

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Pessimism is to innovative culture as heat is to ice. It slowly destroys but can be remedied by its polar opposite. On April 28, Halimah DeLaine Prado, the general counsel at Google, wrote about her optimism for innovative culture in an online post. She outlined reforms and recommendations that preserve the culture of innovation, advance the development of new technology, and reward entrepreneurs who are building

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Copyrights and Fictional Tropes: How Did They Become a Part of Our Stories?

Copyright Alliance

I remember having a conversation with a classmate of mine during my freshman year of college. I was trying to make small talk and being the socially awkward nerd that […]. The post Copyrights and Fictional Tropes: How Did They Become a Part of Our Stories? appeared first on Copyright Alliance.

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This Week in Washington IP: Passing the Bipartisan Innovation Act, Addressing Competition Issues with Big Tech, and International Considerations for a Digital Dollar

IP Watchdog

This week in Washington IP news, both houses of Congress remain quiet during regularly scheduled work periods. The Information Technology & Innovation Foundation gets the week started with an event exploring prospects for Congressional passage of the Bipartisan Innovation Act. The Center for Strategic & International Studies will host events discussing arguments for and against the United States’ adoption of a centralized digital currency, as well as efforts between the United States a

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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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Not All Citations Are Created Equal – Here’s Why

Velocity of Content

It might seem obvious, but not all citations are created equal. You can cite a paper as background, you can cite a paper because you followed the same protocol, or you can cite a paper because you disagree with it. Obviously, there are many reasons to cite a paper (CiTO lists dozens here ). So why do we treat citations as if they are all the same? Why does the Impact Factor of journals not consider the types of citations?

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Where to Start Your Kaizen?

Christopher Roser

To become lean, you need to improve your factory. Continuous improvement (kaizen) consists of many smaller and/or larger improvements. However, often the first challenge is where to start this improvement. Let me dig deeper into the possibilities and challenges of picking improvement projects, with a particular focus on systems that have multiple independent production lines, Read more.

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Innovation sourcing in biopharma: Four practices to maximize success

McKinsey Operations

Biopharma companies’ pipelines are full of assets they source externally to access innovation. Four practices will help ensure their investments flourish at a time of fierce competition.

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[Video] Monthly Minute | Brand Protection in the Metaverse

JD Supra Law

Once a month, we cover an interesting topic in 60 seconds. This month, Partner David Caplan and Associate Daniel Gaitan share their thoughts on brand protection in the metaverse.

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How digital helps a life sciences leader move at light speed

McKinsey Operations

Pfizer’s Chief Digital and Technology Officer explains how digital is transforming her organization’s ability to bring new medicines to patients at speed and at scale.

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Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

JD Supra Law

A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim has its limits when it comes to interpreting ambiguous marketing claims. In Bimbo Bakeries USA, Inc. v. Sycamore, the court held that the advertiser’s use of the word “local” in promoting its bread was not actionable under the Lanham Act, even though both a consumer survey and a jury of consumers had found the term to be misleading.

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The Complete Guide to Legally Changing Your Name

Legal Zoom

Thinking about changing your name? This guide to legally changing your name will help get you started.

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Junior Party Broad Files Reply to Sigma-Aldrich Opposition to Broad Contingent Motion No. 2

JD Supra Law

On December 3rd, Junior Party the Broad Institute, Harvard University, and MIT (collectively, Broad) filed its Contingent Preliminary Motion No. 2 in Interference No. 106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to add claims 52-54 of Broad Application No. 16/177,403 to the interference, pursuant to the provisions of 37 C.F.R. §§ 41.121(a)(1)(i) and 41.208 and Standing Order ¶ 203.2.

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Carbon-neutral Hungary

McKinsey Operations

Hungary’s path to net zero depends on the its ability to take action in seven economic sectors.

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Senate to Take Up “Patents for Humanity” Legislation

JD Supra Law

The House of Representatives recently passed H.R. 5796, a bill titled “Patents for Humanity Act of 2021,” which would set a timeline for a competition that has been periodically held by the U.S. Patent and Trademark Office (USPTO) for the past 10 years. This bill has been sent to the Committee on the Judiciary in the Senate for review.

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@DavidCLowery to Receive American Eagle Award at NAMM 6/2/22

The Trichordist

[Big thank you to the National Music Council for recognizing David with their American Eagle Award.] Dear Mr. Lowery, I am writing on behalf of the Board… Read more "@DavidCLowery to Receive American Eagle Award at NAMM 6/2/22".

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Delaware Jury Awards US$334 Million in DNA Sequencing Patent Trial

JD Supra Law

BACKGROUND - This month, a Delaware federal jury determined that Illumina, Inc. (Illumina) willfully infringed two DNA sequencing patents owned by Complete Genomics, Inc. (CGI), while also invalidating three Illumina patents that CGI was accused of infringing in counterclaims. In so doing, the jury awarded CGI US$333.8 million in damages.

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What’s fueling Pakistan’s emerging start-up ecosystem

McKinsey Operations

With a massive young, English-speaking population and a fast-growing, tech-savvy middle class, Pakistan has many ingredients for a thriving start-up ecosystem. So why is it only now starting to live up to its entrepreneurial potential, and where is it headed?

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A Pop Quiz on TOS Formation–Wilson v. Triller

Technology & Marketing Law Blog

Triller is a TikTok rival. Its account formation process includes the screenshot on the left. On the right is the screenshot from Meyer v. Uber , which the Second Circuit held created an enforceable TOS. Is the Triller screen sufficiently similar to the Uber interface to get the same outcome? This is a pop quiz, so you have to answer the question before you read the rest of the post.

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AI-Generated Invention at the Federal Circuit

Patently-O

On Monday, June 6, the Federal Circuit will hear oral arguments in the pending AI-inventorship case of Thaler v. Vidal , Appeal No 21-2347. The court does not release the identity of the individual judges until just before oral arguments, so all we (and the parties) know is that it is Panel A in Courtroom 201. This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-

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Russian plan to classify NFTs as IP is flawed, say lawyers

Managing IP

Sources say most NFTs are related to some form of IP in one way or another, so categorising the tokens as IP would be pointless

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CRISPR Nobel Prize Winners Beat European Patent Challenge

IP Law 360

The European Patent Office's Opposition Division has refused to invalidate a Nobel Prize-winning team's patent for the gene-editing technology CRISPR-Cas9, a licensee announced Tuesday.

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Harvard JOLT student note competition

43(B)log

JOLT is running its student notes competition between now and July 3rd and would welcome submissions from student authors! It’s open to students at any ABA accredited institution. CALL FOR SUBMISSIONS Harvard Journal of Law and Technology (JOLT) JOLT is accepting student author applications for the Fall Issue of Volume 36 from now until 11:59 PM Pacific Time on Sunday July 3, 2022.

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Copyright Board Looks To Hike Royalties From Music Sales

IP Law 360

The Copyright Royalty Board announced Tuesday that it might boost the going royalty rate for licenses covering physical and digital music records, proposing to raise the industry standard by about a third for the first time in over 15 years.

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Upcoming Webinar! Anatomy of a Restrictive Covenant

Trading Secrets

E nforceability, Issue Spotting Tools, and Best Practices to Protect Intellectual Capital. Wednesday, June 8, 2022. 1:00 p.m. to 2:00 p.m. Eastern. 12:00p.m. to 1:00 p.m. Central. 11:00 a.m. to 12:00 p.m. Mountain. 10:00 to 11:00 a.m. Pacific. REGISTER HERE. In the fourth installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will discuss restrictive covenants, including non-competes, non-solicitations, and NDAs.

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Epic Moves To Ax Fortnite Dance Copyright Suit

IP Law 360

Epic Games Inc. has urged a California federal judge to boot a choreographer's copyright suit over a dance within multiplayer game Fortnite, contending that "simple" routines are not protectable works.

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Multilateral malaise – The war in Ukraine’s impact on trade policy

Herbert Smith Freehills

The flood of post-Ukraine sanctions signals shifting Western calculations but the aftermath risks lasting damage to world trade. The war in Ukraine will change the world in many ways. One change that deserves more attention is how the conflict is impacting trade policy and thus reshaping trade flows, creating opportunities and challenging long-held assumptions on how nations’ economic and strategic interests should align.

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Outlook Therapeutics to Revise Ophthalmic Bevacizumab BLA in Light of FDA Request

LexBlog IP

Outlook Therapeutics announced today that the FDA has requested additional information in order to complete the filing of the company’s BLA for LYTENAVA. LYTENAVA, or ONS-5010, is an ophthalmic intravitreal injection formulation of bevacizumab for the treatment of wet AMD and other retinal diseases. In response to FDA’s request, Outlook has voluntarily withdrawn its BLA and plans to resubmit a revised version by September 2022.

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Domain names newsletter, May 2022

JD Supra Law

This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news, including: TMCH decommissions TREx service, WIPO temporarily suspends Ukrainian UA-DRP, International popularity of.DE domain names reaches all-time high.

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Privately-Held Attorney Firms Have Built Filing Share Over the Past Decade, Thanks Largely to IPH!

LexBlog IP

While some doomsayers predicted that the rise of publicly listed groups of patent attorney firms would lead to terrible problems, including a reduction of competition, in the Australasian market for IP services, the sky has yet to actually fall. After a few years of upheaval in the profession, two listed holding companies – IPH Limited ( ASX:IPH ) and QANTM IP Limited ( ASX:QIP ) – have established themselves, while the number of mid-sized firms has fallen slightly, as a result of ac