Tue.Feb 28, 2023

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3 Count: Green Gables

Plagiarism Today

Lawsuit filed over Anne of Green Gables musical, South Park sparks titanic licensing battle and pirate couple gets caught a second time. The post 3 Count: Green Gables appeared first on Plagiarism Today.

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The CAFC Hands Down Another Decision Demonstrating Its Misguided View of Obviousness

IP Watchdog

I attended the hearing at the U.S. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. Microsoft on Monday February 6, 2023, and the CAFC issued its opinion in the case this past Thursday. This case has curious origins. Through his company Dareltech, Ramzi Khalil Maalouf, a Lebanese immigrant and U.S. citizen, sued Xiaomi, a Chinese multinational corporation, for patent infringement in New York.

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The Plagiarism Battle in Mexico’s Supreme Court

Plagiarism Today

Mexican Supreme Court Justice Yasmín Esquivel Mossa is facing multiple allegations of plagiarism in a politically charged battle. The post The Plagiarism Battle in Mexico’s Supreme Court appeared first on Plagiarism Today.

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U.S. Govt: Omi in a Hellcat Should Serve 15.5 Years For Pirate IPTV Scheme

TorrentFreak

In September 2021, a grand jury returned a 62-count indictment charging Bill Omar Carrasquillo with crimes related to his Gears-branded IPTV services. Better known online as YouTuber ‘Omi in a Hellcat,’ Carrasquillo ran an illegal internet-based television and movie streaming service using video content fraudulently obtained from cable providers.

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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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Building innovation ecosystems: Accelerating tech hub growth

McKinsey Operations

Innovation ecosystems can generate economic, financial, and social benefits for all, and there’s new federal funding to build them. A six-step playbook could help leaders get them right.

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Federal Circuit Upholds Judgment Delisting System Patent From Orange Book

JD Supra Law

Procedural History - Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, Case No. 2023-1186 (Fed. Cir. February 24, 2023) is an appeal by Jazz Pharmaceuticals, Inc. (Jazz) from a District of Delaware order granting a motion for an injunction brought by Avadel CNS Pharmaceuticals, Inc. (Avadel). The injunction directed Jazz to ask the FDA to delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the Orange Book.

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Patent Directed to System for Controlling Access to Drugs Is Not Listable in the Orange Book

JD Supra Law

JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC - Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: A patent directed to a system to reduce the misuse of a drug is not a listable patent in the FDA’s Orange Book because the patent does not claim a method of using the drug.

Patent 114
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Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional

Technology & Marketing Law Blog

I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in support of NetChoice’s motion to a preliminary injunction against the AADC. You can read my amicus brief here.

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US Court Denies Bungie’s $2.2m Claim Against UK ‘Ring-1’ Cheat Seller

TorrentFreak

Over the past several years, several videogame companies have taken cheaters to court in the United States. In 2021, American videogame companies Bungie and Ubisoft joined forces in a lawsuit against “Ring-1”, a developer and distributor of cheat software targeting Destiny 2, Rainbox Six Seige, and other popular titles. Bungie and Ubisoft identified four defendants who allegedly ran the cheating business.

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Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries.

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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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USPTO Launches Cancer Moonshot Expedited Examination Pilot Program

JD Supra Law

To support the National Cancer Moonshot initiative, the USPTO launched the Cancer Moonshot Expedited Examination Pilot Program on February 1, 2023. The new program replaces the Cancer Immunotherapy Pilot Program, which expedited examination for eligible patent applications pertaining to methods of treating cancer using immunotherapy.

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India: The next chemicals manufacturing hub

McKinsey Operations

India’s chemicals industry has been a global outperformer in demand growth and shareholder wealth creation for a decade. Its strong starting point could make it the next chemicals manufacturing hub.

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RICO Requires Transfer of Title to Forfeit Trademarks: USA v. Mongol Nation, No. 19-50176 and 19-50190 (9th Cir. Jan. 6, 2023)

JD Supra Law

The Ninth Circuit recently affirmed the denial of the United States’ second motion for preliminary order of forfeiture of the Mongol Nation’s trademarks. The Ninth Circuit held that the Racketeer Influenced and Corrupt Organization Act (RICO) did not provide the government with the power to strip a group of their right to enforce their trademarks without transferring title to the government.

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Infographic | Trademarks in outer space

Olartemoure Blog

As we humans push the boundaries of exploration and commerce in outer space, it’s important to understand the laws and regulations that govern the use of trademarks in this new frontier. This infographic will provide a quick overview of the current state of trademark protection in outer space. Special thanks to the leader in the subject Mr. Clark Lackert , a trademark expert who has explored the subject for quite some time and spoke about it during the last INTA Annual leadership conferenc

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Court Holds That Section 230’s Carve Out For “Intellectual Property” Does Not Apply To Publicity Rights Claim In New York

JD Supra Law

Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this term in Gonzalez v. Google LLC ). But Section 230(e) of the statute expressly excludes certain types of claims from the safe harbor, including “intellectual property” claims.

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Steps Toward One-Piece Flow

Christopher Roser

One-piece flow—while often defined differently—is one of the True Norths in lean manufacturing. Get your material flowing! In theory that is easy. In practice, however, there are many obstacles standing between where you are and where you want to be, also for one-piece flow. Introduction As I wrote in a different post, one-piece flow moves. Read more The post Steps Toward One-Piece Flow first appeared on AllAboutLean.com.

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Federal Court dismisses Takeda’s motion to consolidate two dexlansoprazole PMNOC actions against Apotex

JD Supra Law

On January 23, 2023, the Federal Court released a decision by Associate Judge Tabib denying Takeda’s motion to consolidate two actions commenced under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) against Apotex: Takeda Canada Inc v Apotex Inc, 2023 FC 63. Both actions involve Takeda’s dexlansoprazole product, DEXILANT, and one Abbreviated New Drug Submission (ANDS) filed by Apotex.

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McKinsey Africa podcast with Dare Okoudjou, founder and CEO of MFS Africa

McKinsey Operations

Africa’s fintech industry has rapidly expanded, and traditional financial institutions have faced intense competition as a result. MFS Africa’s founder and CEO discusses the sector’s growing potential.

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2022 Design Patents Year in Review: Analysis and Trends: US District Courts: A Busy Year for Design Patents, Including a $17M Jury Verdict

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. That trend has continued in 2022. And as the number of design applications filed around the world has continued to grow, so has design patent enforcement and litigation.

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The Conundrum Regarding Security Cheques: Culpability And Consequences As Per Ni Act

IP and Legal Filings

Introduction A division bench of the Apex court in a recent case observed that, “ Cheque issued as security for financial deal cannot be considered as worthless piece of paper ”. The statement was made in pursuance of establishing the legal obligation of a dishonored cheque which had the character of a security cheque. The Apex Court through its decisions in recent years has made its position amply clear regarding cheques which qualify as security and the same is being discussed hereunder.

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Domain Name News: February 2023

JD Supra Law

This is the February 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: FR reaches the 4 million milestone; AU direct domains see strong post-launch take-up; IE Domain Profile Report for 2022, Strong performance for.PT.

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Maintenance and operations: Is asset productivity broken?

McKinsey Operations

A new survey finds that asset productivity programs for equipment maintenance aren’t working as well as they could. Here are three things to fix.

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2022 Design Patents Year in Review: Analysis and Trends: ITC: Design Patents Continue to Outperform on Obtaining Remedies at the International Trade Commission

JD Supra Law

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of several design patents, interest in design patents grew exponentially. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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The skills revolution and the future of learning and earning

McKinsey Operations

Technology is changing the nature of work. To prepare the workforce of tomorrow and ensure sustainable and inclusive growth, education and vocational training will need to adapt to new ways of working.

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Analysis of copyright related legal issues involved in landmark buildings

JD Supra Law

Foreword - In legal sense, "architectural works" refer to works with aesthetic significance expressed in the form of buildings or structures, which are protected by Copyright Law. However, landmark buildings have public attributes in addition to the legal attributes of copyright. In practice, in order to highlight certain regional characteristics, many enterprises like to use photos containing local landmark buildings in posters and company brochures in their advertising, or the landmark.

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Canadian Copyright, Fair Dealing and Education, Part Five: Open Textbooks Saving Students Millions of Dollars

Michael Geist

Fair Dealing Week for 2023 may have come to an end, but my series on Canadian copyright, fair dealing, and education continues. This week’s Law Bytes podcast features Western librarian Stephen Spong on fair dealing and prior posts in the series endeavoured to set the record straight and discussed site licensing , transactional licensing , and the disappearance of course packs.

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USPTO Director Designates Precedential Decision on Conclusory Expert Declarations

JD Supra Law

Director of the US Patent and Trademark Office (USPTO) Kathi Vidal recently designated as precedential a decision by the Patent Trial and Appeal Board (PTAB) rejecting the petitioner’s invalidity challenge, since it was based entirely on a conclusory expert witness declaration.

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ISP Says 'Insufficient' Evidence Backed $47M Piracy Verdict

IP Law 360

Internet service provider Grande Communications is fighting a jury's finding that it must pay about $46.8 million to Universal Music Group and a host of other recording companies in a copyright case, arguing there wasn't enough evidence that it contributed to music piracy.

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Lilly’s CIALIS patent claims extending to “physiologically acceptable salt” found invalid for overbreadth and insufficiency

JD Supra Law

On October 17, 2022, Justice St-Louis of the Federal Court granted a motion for summary trial brought by Teva, Pharmascience, Laboratoire Riva, Apotex and Mylan (the Defendants) and dismissed the underlying actions of Lilly for infringement of Canadian Patent No. 2,226,784 (the 784 Patent): Eli Lilly Canada Inc v Teva Canada Limited, 2022 FC 1398.

Patent 97
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Ropes & Gray-Led Lyric Capital Nabs $800M For Music Rights

IP Law 360

Guided by Ropes & Gray LLP, Lyric Capital Group said Tuesday it has closed its second music royalty fund with $410 million in tow and secured additional senior debt financing, giving the private equity firm $800 million in new capital to buy additional music rights.

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Got Markedly Different Milk?: The Federal Circuit Weighs in on 101 and Products of Nature

JD Supra Law

In ChromaDex, Inc., v. Elysium Health, Inc., a Federal Circuit panel (“Panel”) contributed to the ongoing discussion on patent-eligible subject matter. The Panel affirmed the district court’s judgment that the asserted claims of U.S. Patent No. 8,197,807 (“’807 patent”) are invalid under Section 101 of the Patent Act for claiming subject matter that is not patent eligible.

Patent 97
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7th Circ. Nixes Marker Co.'s Claims Against Insurer's Lawyers

IP Law 360

A Seventh Circuit panel has shot down an Illinois marker company's attempt to go after its insurer's attorneys, the latest in a long-running legal fight that began when the insurer refused to defend the company in a 2012 trademark dispute.

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2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

JD Supra Law

In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S. design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on design patents issued by the Federal Circuit both involved appeals that originated at the Patent Office), all three precedential opinions in 2022 involved appeals that originated from district courts.

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Vidal Attempts to Clear up PTAB Confusion Over ‘Compelling Merits’ Memo

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal yesterday issued a precedential Director Review decision clarifying that her June 2022 “compelling merits” memo was not meant to replace the Patent Trial and Appeal Board’s (PTAB’s) analysis under Apple Inc. v. Fintiv, Inc. In IPR2022-01242, the PTAB instituted inter partes review (IPR) without exercising its discretion under 35 U.S.C. § 314(a), citing Vidal’s “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings

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The AI-Assisted Patent Attorney

JD Supra Law

When boiled down to a fundamental level, all technologies are double-edged swords. A spear can be used to hunt game or to wage war. A hammer can be used to build a shelter or to murder fellow humans. Social media can be used to connect lonely and geographically-distanced affinity groups in an emotionally meaningful way or to foster misinformation and possibly even genocide.