Tue.Sep 20, 2022

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3 Count: Banana for Scale

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Comcast, Verizon, AT&T Settle Piracy Suits. First off today, Winston Cho at The Hollywood Reporter Esquire reports that three major ISPs, Comcast, Verizon and AT&T, have settled lawsuits filed by a group of filmmakers that claimed the companies were not doing enough to combat piracy on their networks.

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French Publishers Win Z-Library Piracy Blocking Order

TorrentFreak

After more than 15 years of site-blocking processes in dozens of countries, new instructions to block pirate sites have become part of piracy landscape. But despite a growing casual acceptance, legal action targeting educational resources can still prove controversial. Platforms such as Sci-Hub, Libgen and Z-Library are extremely popular among students, academics and scientists, who tend to view the sharing of knowledge in a different light to the sharing of movies and TV shows.

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Still feeling good: The US wellness market continues to boom

McKinsey Operations

Our research shows continued growth of consumer interest in health and wellness, with persistent gaps in certain areas presenting exciting opportunities for companies to serve unmet consumer needs.

Marketing 109
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Move Fast and Make (Break?) Things: IP-Related NFT Litigation Trends

JD Supra Law

Although NFTs (non-fungible tokens) have been around since approximately 2014, they exploded into the mainstream in early 2021, fetching eye-popping prices at auction. After Beeple’s March 2021 sale made headlines, the market remained red hot through the rest of that year. For example, “The Merge”—a series of NFTs created by digital artist Pak—sold for $91.8 million in December 2021.

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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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$2B Appian Trade Secrets Verdict OK'd With $23M Fees Added

IP Law 360

A Virginia judge entered final judgment of a jury's verdict that awarded tech company Appian Corp. more than $2 billion in damages upon finding that Cambridge, Massachusetts-based software company Pegasystems willfully misappropriated Appian's trade secrets.

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President Biden's Biotechnology and Biomanufacturing Executive Order: Funding

JD Supra Law

President Biden announced his signing of an Executive Order launching a major effort to enhance U.S. capabilities in biotechnology and biomanufacturing last week (see "President Biden Signs Executive Order on Biotechnology and Biomanufacturing Innovation"). The White House also held a Summit on Biotechnology and Biomanufacturing last week to discuss how these efforts will be funded (accompanied by a Fact Sheet).

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Burning down the house

Likelihood of Confusion

@ZviSRosen: t may be time to reasses the relationship of copyright law to the physical object - here the master tape. Copyright in audio and video is fundamentally different from traditional copyright - the only real analog I can think of is a painting. The post Burning down the house appeared first on LIKELIHOOD OF CONFUSION™.

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Ex-Broadcom Engineer Gets 8 Months In Prison For IP Theft

IP Law 360

A former Broadcom engineer who pled guilty to copying and bringing trade secrets to a Chinese competitor was sentenced to eight months in prison in California federal court on Tuesday, according to the U.S. Department of Justice.

Copying 95
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The McKinsey Crossword: Sidelight | No. 94

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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A.I.Nventor

Patently-O

The new en banc petition in Thaler v. Vidal offers potential for future development on the law of invention and inventorship. . by Dennis Crouch. Hi, my name is Dennis, I am a natural person, a human being, an individual. But, I also think of myself as a collective–trillions of cells and other biologic matter, only some of which expresses “my” DNA; a host of personalities all housed within a thick skull.

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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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Eight imperatives for launching cell and gene therapies

McKinsey Operations

Companies launching new cell and gene therapies can live up to their promise of transforming patient lives through proper preparation of the market, their products, and internal go-to-market models.

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Fish Attorneys Nicholas Stephens and Casey Kraning Author Article in Westlaw Journal IP, “2022 Ushers in New Developments in the Patent Review Process”

Fish & Richardson Trademark & Copyright Thoughts

Attorneys Nicholas Stephens and Casey Kraning, Ph.D. , discuss recent post-grant developments at the United States Patent and Trademark Office (USPTO). The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Read the full article at Westlaw Today.

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How carbon markets can help Malaysia achieve its climate targets

McKinsey Operations

Malaysia has the opportunity to not just meet its climate targets but also support the world through additional sequestration. Acting now to scale carbon markets could help.

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Exploring The Question Of Authorship With AI-Generated Art

IP Law 360

Artificial intelligence art services like Craiyon raise myriad legal questions — particularly who is the author, and therefore owner of the images that result from the user's text prompt as a matter of copyright law — and each potential answer is problematic in its own way, say Scott Sholder and Benjamin Halperin at Cowan DeBaets.

Art 75
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The gathering storm: The transformative impact of inflation on the healthcare sector

McKinsey Operations

Inflation is at record highs and is now blowing through healthcare.

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Peer Review, Still a Critical Step in Scholarly & Scientific Publishing

Velocity of Content

The main points I made in this blog post from 2021 seem to hold up pretty well. In the time since it was written, I continue to observe the Peer Review process through the lens of QA, which I continue to think provides a helpful metaphor. Peer Review, a Critical Step in Scholarly & Scientific Publishing. However, we work assiduously to keep up on our reading around here: One blog I read recently suggests (with a pinch of hyperbole) that while peer review is a time-hallowed and important proc

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Developing a customer-centric approach to rare conditions

McKinsey Operations

Roche Pharmaceuticals’ approach to rare conditions highlights industry efforts to make a difference for patients, their caregivers, and healthcare professionals.

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Shutterstock Beats Copyright Suit Over Aerial Image

IP Law 360

A New York federal judge has let stock image provider Shutterstock Inc. out of a copyright suit lodged against it by a photographer over an image of a forest from an aerial viewpoint, ruling that the platform is immune from damages liability.

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Digital Challengers on the next frontier: Perspective on Romania

McKinsey Operations

As CEE economies catch up with Europe’s frontrunners, accelerated digital growth may bring Romania’s digital economy to almost €52 billion by 2030.

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Apple Tries To Reopen Discovery In Caltech Patent Suit

IP Law 360

Apple and Broadcom want a California federal court to reopen discovery in the California Institute of Technology's infringement suit over data transmission patents, pointing out issues related to another patent lawsuit the school filed against Microsoft.

Patent 74
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How distributors can build momentum in a slowdown

McKinsey Operations

The outperformers in distribution can gain ground during these unique, uncertain times—and enter the recovery poised to create even more value.

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Creating A Hybrid Work Policy? Be Intentional And Inclusive

IP Law 360

The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

Law 73
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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed 135 of the 144 Section 2(d) refusals on appeal (just about 94%). Here are three decisions that came down late last week. How do you think they came out? [Results in first comment]. In re Zena E. M. Conway , Serial Nos. 88801050 (September 15, 2022) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of the mark Y/NG GR8TNESS (“GREATNESS” disclaimed) in view of the registered marks YNG and YNG+ , all for educational services in the fie

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ECtHR finds violation of right to property by State’s failure to enforce copyright

Kluwer Copyright Blog

Photo by Brandi Redd on Unsplash. In Safarov v. Azerbaijan ( Appl. no. 885/12 ) the European Court of Human Rights (ECtHR) finds that the defendant State violated Article 1 of Protocol No.1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms ( ECHR ). In its judgment of 1 September 2022, the Court determines that Azerbaijan failed to enforce copyright in respect of the unlawful digital reproduction and communication of a published book.

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China trademark filings register first drop in a decade: 2021 in numbers

IAM Magazine

Applications filed at the China National Intellectual Property Administration (CNIPA) in 2020 broke records but the country registered no growth in 2021, in contrast to a strong showing in Europe and North America

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Litigating Spoliation Claims in Trade Secret Cases: Recent Trends Toward Terminating Sanctions

JD Supra Law

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases. In that article, we provided background on trade secret laws and the spoliation standard, and laid out a “how-to” guide with practice tips for detecting and identifying spoliation, establishing spoliation before a judge or arbitrator in a trade secret lawsuit, and obtaining remedies for intentional, bad faith spoliation.

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Trademark Search – Understanding the Impact of Technology on the Tools & Strategies

Kashishipr

The arrival and emergence of advanced technology, specifically the internet as a search platform, have catapulted the quality of performing a Trademark Search. The same has also led to the creation of advanced strategies for conducting a trademark search. As a strategic tool, the web can have an immense impact upon performing a trademark search in the ways mentioned below: It can act as a massive access point to the use of word marks across the globe.

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Empowering Creatives to Know Their (Copy)Rights

LexBlog IP

For creative people, copyright is a powerful concept. US law gives authors of fixed works with some element of creativity rights over their own creations, be they literary works, works of visual art, etc. This right allows the authors of these works to decide who is allowed to copy their work, and how, amongst other things. Of course, the United States Copyright Office is where the authors of these works can have their work registered as copyrights, but many creatives do not know that their righ

Copying 52
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Cisco Loses PTAB Bid To Kill Network Security Patent

IP Law 360

The Patent Trial and Appeal Board has rejected a challenge from Cisco Systems Inc. to a computer network security patent owned by patent-licensing company K.Mizra LLC, ruling the tech giant was unable to show that any of the 17 claims it took aim at are invalid.

Patent 52
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College T-shirts and Trademarks – Ornamental, or Protectable?

JD Supra Law

As college freshmen head to campus for the start of classes, there is one vital campus bookstore purchase before classes begin: a T-shirt bearing the college’s logo. This purchase is not only a rite of passage for freshmen; it also touches on an important concept in trademark law: ornamental use of trademarks on T-shirts.

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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually through manipulative user interfaces. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

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Federal Circuit Patent Watch: Duplicative-litigation doctrine precludes patentee from pursuing products in a second case

JD Supra Law

Precedential Federal Circuit Opinions - ARENDI S.A.R.L. v. LG ELECTRONICS INC. [OPINION] (2021-1967, 9/7/2022) (Prost, Chen, and Stoll) - Prost, J. Affirming grant of motion to dismiss under the duplicative-litigation doctrine. In a prior case involving the same parties and the same asserted patent, the patent owner accused hundreds of products including “Rebel 4” and “non-Rebel 4 products.”.

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Herbert Smith Freehills, conseil sur le lancement de la CFC - Compagnie Française de Croisières

Herbert Smith Freehills

Le cabinet d'avocats international Herbert Smith Freehills a conseillé CFC - Compagnie Française de Croisières, une nouvelle start-up qui relance les croisières « à la française », pour une clientèle premium, dans le cadre du lancement de ce nouvel acteur clé du paysage touristique français. Les co-fondateurs de CFC sont Clément Mousset et Cédric Rivoire-Perrochat, acteurs bien connus du monde de la croisière depuis plus de vingt-cinq ans.

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Latest Federal Court Cases - September 2022 #3

JD Supra Law

Polaris Innovations Ltd. v. Brent, Appeal No. 2019-1483 (Fed. Cir. Sept. 15, 2022) - In our Case of the Week, the Federal Circuit provided what appears to be its first precedential opinion construing Section 317 of the Patent Act—a provision concerning the effect of settlement during an America Invents Act (AIA) proceeding. The Court’s opinion construes the statute in ways that may be unexpected for parties who seek to settle inter partes review (IPR) petitions.

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China trademark filings register first drop in a decade: 2021 in numbers

IAM Magazine

Applications filed at the China National Intellectual Property Administration (CNIPA) in 2020 broke records but the country registered no growth in 2021, in contrast to a strong showing in Europe and North America