Tue.Sep 20, 2022

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.

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.


Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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.

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").

Law 83

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.

Should You Split Your Production System into Two?

Christopher Roser

In a recent discussion on setting up a new line, a question came up: Should we make a single line (or generally a production system), or should we establish two (or even more) separate independent production lines?


More Trending

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

McKinsey Public & Social Sector Insights

Inflation is at record highs and is now blowing through healthcare. Insights on Healthcare Systems & Services Health care payors Health care providers United States


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).

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.

Still feeling good: The US wellness market continues to boom

McKinsey Public & Social Sector Insights

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. Insights on Consumer Packaged Goods Consumer packaged goods North America

$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

IP 83

A little more than kin and less than kind: KIND bar "All Natural" class action fails


In re Kind LLC “Healthy and All Natural” Litig., 2022 WL 4125065, 15-MD-2645 (NRB), 15-MC-2645 (NRB) (S.D.N.Y. Sept. 9, 2022) Plaintiffs alleged that KIND products displaying an “All Natural/Non GMO” label were deceptive or misleading.

Mylan Flags Claims Court Ruling In $50M Tax Fight At 3rd Circ.

IP Law 360

A recent Court of Federal Claims decision supports Mylan Inc.'s s challenge to a $50 million tax bill by bolstering its argument that it's entitled to deduct the costs of patent litigation suits, Mylan told the Third Circuit

The McKinsey Crossword: Sidelight | No. 94

McKinsey Public & Social Sector Insights

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.

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

Eight imperatives for launching cell and gene therapies

McKinsey Public & Social Sector Insights

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. Insights on Life Sciences Medical products Pharmaceuticals

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.

Law 52

How distributors can build momentum in a slowdown

McKinsey Public & Social Sector Insights

The outperformers in distribution can gain ground during these unique, uncertain times—and enter the recovery poised to create even more value. Advanced Electronics Insights Machinery & industrial goods Industrial high tech Marketing strategy

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


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.

Developing a customer-centric approach to rare conditions

McKinsey Public & Social Sector Insights

Roche Pharmaceuticals’ approach to rare conditions highlights industry efforts to make a difference for patients, their caregivers, and healthcare professionals. Insights on Life Sciences Pharmaceuticals Medical products


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.

Digital Challengers on the next frontier: Perspective on Romania

McKinsey Public & Social Sector Insights

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

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. 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.

How carbon markets can help Malaysia achieve its climate targets

McKinsey Public & Social Sector Insights

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. Insights on Sustainability Asia-Pacific Sustainability

Latest Federal Court Cases - September 2022 #3

JD Supra Law

Polaris Innovations Ltd. Brent, Appeal No. 2019-1483 (Fed.



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.

Lead Article: Patent Owners Beware: Lengthy Pre-Suit Discussions May Rule Out Forum of Choice

JD Supra Law

Patent owners seeking to assert their rights outside of their home states should continue to think twice about sending cease-and-desist or demand letters or traveling to meet with alleged infringers, lest they find themselves defendants in declaratory judgment actions in the alleged infringers’ home jurisdiction. In Apple v.

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

Digital challengers on the next frontier: Perspective on the Czech Republic within Central and Eastern Europe

McKinsey Public & Social Sector Insights

In the Czech Republic, up to €37 billion by 2030 is at stake, primarily from ICT and e-commerce growth in an aspirational scenario. Overview


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

A Response to A2IM’s Objection to the New Statutory Mechanical Rates: Part 2

The Trichordist

A2IM opposes raising the mechanical royalty on vinyl, downloads and compact discs. Artist Rights Chris Castle Copyright Royalty Board Frozen Mechanicals Phonorecords IV Songwriter Rights A2IM

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

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. Conway , Serial Nos.

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 62