Fri.May 20, 2022

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Is the Government Seeking to Short Circuit the Senate Review of Bill C-11?

Michael Geist

The review of the Online Streaming Act (Bill C-11) heads to committee next week as the Standing Committee on Canadian Heritage plans to devote roughly 20 hours to hearing over the next two weeks. I have received an invitation and may appear as soon as next week. While the House of Commons committee study is just getting underway, the Senate has been debating the possibility of conducting a “pre-study” of the bill at its own committee.

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The tech transformation imperative in retail

McKinsey Operations

Organizations face an urgent need to overhaul their tech architecture and operating model to keep pace with the changing landscape. Five concrete actions can accelerate the transformation journey.

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Russian Cinemas Resort to Pirated Films to Stay Alive

IPilogue

Sally Yoon is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Russian theatres are turning to pirated films to stay alive during these trying times – and it may not be working. According to the New York Times , some theatres in Russia have resorted to screening pirated movies to offset the Hollywood sanctions while others are practicing more caution by renting out spaces to show the films to certain individuals, with or without a fee.

Cinema 119
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BREIN Seizes Crypto and Cash from Twice-Caught Pirate IPTV Seller

TorrentFreak

As part of its endless quest to disrupt the unauthorized distribution of copyrighted content, in March 2021 Dutch anti-piracy group BREIN said it had successfully targeted yet another pirate IPTV seller. The subscriptions sold by the man provided access to more than 6,000 TV channels and in excess of 10,000 movies and TV shows via a VOD service. These packages typically cost just a fraction of the price associated with similar legal services while offering considerably more choice.

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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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Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules

IP Watchdog

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright case against Kim Dotcom over reported ties to Disney; the Federal Circuit remands a dismissal of a suit seeking declaratory judgment of noninf

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A new era of US infrastructure grants

McKinsey Operations

The Bipartisan Infrastructure Law introduces a new level of funding considerations for state and local governments. States with high ambitions are already in the thick of it—what now?

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Artificial Intelligence (AI) Patent Filings Continue Explosive Growth Trend at the USPTO

LexBlog IP

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018. This trend has continued. In addition, current data shows that AI-related application filings pertaining to graphics and imaging are taking the lead over AI modeling and simulation applications. *.

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Cell and gene therapy transactions carry unique risks for both licensor and licensee

JD Supra Law

Cell and gene therapy transactions have increased dramatically over the last few years, in both number and complexity, and have given rise to a number of issues that merit further attention. In the article below, we outline a few of the chief concerns for parties to a cell or gene therapy transaction. This article is the second in our 2022 series, “Trends in Cell, Tissue, and Gene Therapies,” which aims to help you stay informed about the broad array of legal and regulatory issues affecting.

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Anti-money-laundering innovations and evolving financial crime risks: The future of compliance

McKinsey Operations

Geopolitical strife and digital assets are among the new risks compliance organizations must fight. Emerging technologies can help.

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Sigma-Aldrich Files Reply to Broad’s Opposition to Sigma's Substantive Preliminary Motion No. 1 to Deny Priority Benefit in Interference No. 106,133

JD Supra Law

On December 3rd, Senior Party Sigma-Aldrich filed its Preliminary Motion No. 1 that asked the Board to deny the Broad Institute, Harvard University, and MIT (collectively, Broad) benefit of its U.S. Provisional Application No. 61/736,527, filed December 12, 2012 (termed "P1"), pursuant to 37 C.F.R. § 41.121(a)(1) and S.O. ¶¶ 121 and 208.4.2. On March 16th, Broad filed its Opposition, and on April 26th, Sigma-Aldrich filed its Reply.

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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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Ex-Morgan Lewis IP Co-Lead Moves To DLA Piper

IP Law 360

DLA Piper has added the co-leader of Morgan Lewis & Bockius LLP's trademark and copyright litigation practice to its own trademark copyright and media group.

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Author Talks: Make anxiety your ally

McKinsey Operations

How can we reclaim our relationship with anxiety, so it works for, and not against, us?

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Asian American and Native Hawaiian/Pacific Islander (AANHPI) Heritage Month: Honoring a Leader in Data Collection

U.S. Department of Commerce

Asian American and Native Hawaiian/Pacific Islander (AANHPI) Heritage Month: Honoring a Leader in Data Collection. May 20, 2022. KCPullen@doc.gov. Fri, 05/20/2022 - 10:32. David “Daddy” Kaonohiokala Bray: Giving a Hawaiian Voice to the Census. By Christopher Martin and Jasmine Pridgen, U.S. Census Bureau. Asian American and Native Hawaiian/Pacific Islanders have long contributed to the U.S.

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Applying transformation practices to business building and sustainability: A conversation with Seth Goldstrom

McKinsey Operations

Tried-and-true transformation methodologies are being increasingly applied to new topics outside of traditional performance improvement efforts. McKinsey senior partner Seth Goldstrom talks about the influence of transformation approaches in two areas: business building and reaching sustainability goals.

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A new emoji for the IP world—the emoji troll is born

The IPKat

Cats are well acquainted with the art of trolling already… Did you know that there is now an emoji for all of your IP needs? A troll! This is thanks to Kat friend Frederick Mostert. Mostert co-submitted an application for a troll emoji ( ) to the Unicode Consortium in early 2020. For interested Kats, the Unicode Emoji Subcommittee’s guidelines for submission can be found here.

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Three Topics: Construing AND as OR; Preserving O2Micro demand; Denying interest

Patently-O

by Dennis Crouch. Michael Kaufman v. Microsoft Corp. (Fed. Cir. 2022). Kaufman’s US7885981 has a 2000 priority date and claims a method of automatically creating a database front-end for user access. Kaufman sued Microsoft–asserting that its Dynamic Data product infringed the claims. A jury agreed, finding the patent claims valid and infringed and awarded $7 million in damages.

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DEADLINE EXTENDED – Intellectual Property Journal Student Editors (September 2022)

IPilogue

The deadline to apply for an IPJ Student Editor position has been extended to May 31, 2022 at 4 PM. Please read the information below for more details and email your application to iposgoode@osgoode.yorku.ca. Founded in 1984, the Intellectual Property Journal (IPJ) covers matters relating to all aspects of Intellectual Property such as patents, trademarks, copyright, designs, trade secrets, and related areas such as privacy.

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Types Of Trademarks And Its Importance

IP and Legal Filings

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. These include wordmarks, service marks, certification marks, and many more. Certainly, you become the possessor of a lot of perks both legal and social that come along with getting your trademark registered.

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San Diego Metro Magazine Names Principal Megan Chacon to its 2022 Top Attorney List

Fish & Richardson Trademark & Copyright Thoughts

Principal Megan Chacon has been named to San Diego Metro Magazine’s 2022 Top Attorney List. According to San Diego Metro , the list honors “some of the best and brightest legal minds in the region.”. Megan is an experienced patent litigator who has served as a key principal in a number of high-stakes pharmaceutical and biotechnology cases. In particular, San Diego Metro recognized her for her role in Sumitomo Dainippon Pharma Co.

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Gilead Loses Patent Case Over Lexiscan Generic

IP Law 360

Gilead lost its bid to shield its Lexiscan brand of cardiac stress agent from generic competition from Pfizer when the top federal judge in Delaware ruled the new drug wouldn't actually infringe any of Gilead's patents.

Patent 75
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[Video] The Briefing by the IP Law Blog: An Idea Doesn't Have to be Novel to be Stolen (In California)

JD Supra Law

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case.

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FTC Chair Concerned ITC Being Misused In FRAND Cases

IP Law 360

Federal Trade Commission Chair Lina Khan has told the U.S. International Trade Commission that she's "increasingly concerned" that holders of standard-essential patents are sometimes using the ITC to gain licensing leverage.

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The real deal: how pharma counsel spot counterfeit drugs

Managing IP

Pharma counsel can look at suspicious packaging, online sellers and other signs to learn whether products are fake, say sources at Merck, Gilead and Organon

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Travel Reward App Can't Escape American Airlines' TM Suit

IP Law 360

A Texas federal judge refused to toss American Airlines' trademark infringement suit accusing The Points Guy of tricking the airline's loyalty members into sharing login information for its reward tracking app, ruling on Friday that he has personal jurisdiction over the app based on its conduct and contacts in the state.

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Not so fast — Letters to Customers + Customer Litigation Required More Analysis Before Dismissing a DJ Action

LexBlog IP

In Mitek Systems, Inc., v. United States Automobile Association, [2021-1989] (May 20, 2022), the Federal Circuit affirmed a California district court decision transferring Mitek’s DJ action to Texas, and vacated the Texas District Court’s dismissal of the DJ action, and remanded. USAA owns U.S. Patent Nos. 8,699,779, 9,336,517, 8,977,571, and 9,818,090, all of which address the use of a mobile device to capture an image of a bank check and to transmit it for deposit.

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Pandora's Anti-SLAPP IP Defense Faces Skeptical 9th Circ.

IP Law 360

Two judges sitting on a Ninth Circuit panel appeared skeptical Friday of Pandora's argument that it is shielded under California's anti-SLAPP statute from copyright claims by the rock band the Turtles, with one saying that accepting Pandora's argument could create a "wide swath" of protected conduct under the statute.

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An Idea Doesn’t Have to be Novel to be Stolen (In California)

LexBlog IP

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here. Read more about this case on the IP Law Blog, here.

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ADI Lied About Breaking Export Law, Engineer On Trial Says

IP Law 360

A former Analog Devices Inc. engineer on trial for trade secrets theft says the semiconductor company engaged in the same alleged misconduct and then lied about it through its Quinn Emmanuel lawyer who was formerly acting U.S. attorney in Boston, an accusation the lawyer rejected Friday as "complete nonsense.

Law 75
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Testimonial Guides Update – The Things That Make Us Go Hmm

LexBlog IP

As we reported yesterday , the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal. That said, the changes are an important indication of what the agency is currently thinking, and it is certainly possible for the agency to take an aggressive enforcement posture and indicate that the draft changes put industry on notice.

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9th Circ. Says Delta-8 Vapes Are Federally Lawful In TM Case

IP Law 360

The Ninth Circuit has held that the 2018 federal Farm Bill that legalized hemp nationwide also legalized some products containing Delta-8 THC, a psychoactive chemical compound derived from hemp.

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US Book Show Focus on Libraries

Velocity of Content

After a successful launch last year, the online-only U.S. Book Show returns May 24-26. Publishers Weekly developed the virtual trade book show after BookExpo closed in December 2020. In a two-part program within the program on the show’s first day, Libraries Are Essential will “look at the state of libraries as vital institutions in our communities, in our democracy, and of course in the reading enterprise,” says Andrew Albanese , PW senior writer and show co-host.

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Brand Battles: Starbucks Goes After 'Starbarks' Pet TM

IP Law 360

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks is trying to block a trademark application for "Starbarks," its latest effort to curb pet-related brands from using its name — and four other cases you need to know about.

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An Idea Doesn’t Have to be Novel to be Stolen (In California)

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here. Read more about this case on the IP Law Blog, here.

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[Audio] The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast

JD Supra Law

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fourth installment, Cal welcomes Troutman Pepper Partner William Taylor and Associate Jaclyn Essinger to discuss the intersection between trade secrets law and RICO, with a particular focus on the Defend Trade Secrets Act (DTSA), including: - Overview of DTSA (3:58); - Ingredients of a.

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Looking Back at the Landmark Rockford School Desegregation Case

Chicago IP

On Tuesday, June 7, 2022 from 1:00 p.m. to 4:00 p.m. CT, the P. Michael Mahoney Chapter of the Federal Bar Association and the United States District Court for the Northern District of Illinois will present People Who Care After 20 Years: Looking Back at the Landmark Rockford School Desegregation Case. The program promises a lively panel discussion of this important school desegregation case.