Plagiarism Today
NOVEMBER 30, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: T elegram Shares Users Data in Copyright Violation Lawsuit. First off today, Manish Singh at TechCrunch reports that the messaging platform Telegram has disclosed names, phone numbers and IP addresses of administrators that are accused of operating copyright-infringing channels on the service.
The IPKat
NOVEMBER 30, 2022
On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. The two proposals will now be transmitted to the European Parliament and the Council for adoption. This post summarises the main innovations of the two proposals. New definitions for “design” and “product” (Art. 2 Draft Directive, Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively
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Plagiarism Today
NOVEMBER 30, 2022
In Australia, long-time conservative commentator Peter Gleeson has left News Corp following a series of plagiarism allegations. . As we reported earlier this month , Gleeson’s downfall began in late October when he published a piece entitled Power and Palaszczuk in the Courier-Mail The piece was an unflattering 12-page “special investigation” into the government of Queensland premier, Annastacia Palaszczuk, and her government.
The IPKat
NOVEMBER 30, 2022
Art. 10.2 of the PRC Trade Mark Law (TML, 2019 Amendment ) concerns a ground for refusal against foreign geographical names: No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trade marks, except where geographical names have other meanings or constitute part of a collective trade mark or certification trade mark.
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?
McKinsey Operations
NOVEMBER 30, 2022
Eleven Madison Park cofounder Will Guidara explains why a hospitality economy is on the horizon and shares the “unreasonable” strategies that he has used to lead restaurants to the top of their game.
Technology & Marketing Law Blog
NOVEMBER 30, 2022
This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IPilogue
NOVEMBER 30, 2022
Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. Photo by Buda Photography. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The conference focussed on “The Future of AI for Society.” While AI is full of exciting possibilities, real-world application and integration are relatively nascent.
Michael Geist
NOVEMBER 30, 2022
The longstanding debate over whether Bill C-18, the Online News Act, requires payment for linking came to an end yesterday. Government officials admitted that even basic quotes from news articles that include a hyperlink to the original source would scope user posts into the law and require platforms such as Google and Facebook to negotiate payment for the links.
TorrentFreak
NOVEMBER 30, 2022
With over half a billion active users around the globe, Telegram is one of the most used messaging services. The application is particularly popular in India, where more than 20% of its user base resides. This includes a small subset of rather persistent pirates. Telegram doesn’t permit copyright infringement and generally takes swift action in response to complaints.
JD Supra Law
NOVEMBER 30, 2022
Case Name: Salix Pharms., Ltd. v. Norwich Pharms., Inc., C.A. No. 20-cv-430-RGA, 2022 WL 3225381 (D. Del. Aug. 10, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Xifaxan® (rifaximin); U.S. Patents Nos. 7,612,199 (“the ’199 patent”), 7,902,206 (“the ’206 patents”) (together, the ’199 and ’206 patents are referred to as the “Polymorph Patents”), 8,642,573 (“the ’573 patent”), 9,421,195 (“the ’195 patent”), 10,335,397 (“the ’397 patents”) (together, the ’573, ’195, and ’397 patents are.
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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.
Velocity of Content
NOVEMBER 30, 2022
The world of scholarly publishing is rapidly changing in response to pressure from research funders?and policymakers, such as the? 2018 Plan S mandates ?and the? recent memorandum from the White House Office of Science and Technology Policy, ?to accelerate the move to open access (OA).? As a result, publishers are working to quickly transform their business models in the short term to remain viable over the long term.
JD Supra Law
NOVEMBER 30, 2022
Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court (“UPC”) are scheduled to launch on April 1, 20231.
IP Law 360
NOVEMBER 30, 2022
A Seventh Circuit panel on Wednesday appeared skeptical of Kroger's request to reverse a decision allowing Grubhub Inc. to use its fork-and-knife logo amid a trademark fight with Kroger unit Home Chef, noting the high burden at the preliminary injunction stage and the strength of Grubhub's trademark.
JD Supra Law
NOVEMBER 30, 2022
Juno Therapeutics (Juno) has filed a Petition for Rehearing with the Supreme Court, requesting that the Court vacate its previous order denying Juno’s petition for certiorari and hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC.
Patent Trademark Blog
NOVEMBER 30, 2022
No patents: What are your options against product copies? It’s understandable. You come up with a new product idea, but feel unsure about whether it will sell. So you invest in an initial production and see if it sells. To your surprise, the product does well. Perhaps you’re selling on Amazon or directly to consumers. The only problem is that you have no patents, and your product has already been shown to the public for awhile.
JD Supra Law
NOVEMBER 30, 2022
When we published our first XR survey report in 2016, major media outlets were still skeptical about whether XR, or Extended Reality, would live up to the hype, and industry respondents cited a lack of compelling content, user experience issues, and high costs as the biggest barriers to widespread adoption. Fast forward to 2022, and while those challenges certainly haven’t dissipated, one thing has become eminently clear: Accelerated by the pandemic and the emergence of NextGen technologies.
McKinsey Operations
NOVEMBER 30, 2022
Persuaded by her parents to study science and engineering, Jayshree Seth retained her humanities mindset while becoming the first chief science advocate at the 3M company.
JD Supra Law
NOVEMBER 30, 2022
???????On November 29, 2022, Janssen filed a BPCIA complaint in the District of Delaware against Amgen related to Amgen’s ustekinumb biosimilar ABP 654 of Janssen’s STELARA. This is Janssen’s first BPCIA case filed with respect to an ustekinumab biosimilar.
The Illusion of More
NOVEMBER 30, 2022
One of my first mantras when I started this blog was I hate Twitter, but that was shorthand for the broader view that social media is a trainwreck. Of course, the existential difficulty presented by these platforms is that while they can be highly toxic, as long as the market remains, one must have a […]. The post Bittertweet Symphony appeared first on The Illusion of More.
TorrentFreak
NOVEMBER 30, 2022
With over half a billion active users around the globe, Telegram is one of the most used messaging services. The application is particularly popular in India, where more than 20% of its user base resides. This includes a small subset of rather persistent pirates. Telegram doesn’t permit copyright infringement and generally takes swift action in response to complaints.
McKinsey Operations
NOVEMBER 30, 2022
Cloud adoption in Asia is rapidly increasing. What’s driving this move, what opportunities does the cloud offer, and how do businesses achieve successful transformation?
Art Law Journal
NOVEMBER 30, 2022
Pick gifts for artists in your life that match their impeccable taste by considering their self-care, sprucing up their studio or choosing unexpected tech and tools to fuel their creativity.
IP Watchdog
NOVEMBER 30, 2022
The U.S. Supreme Court will this Friday, December 2, consider whether to grant certiorari in the case of Centripetal Networks Inc. v. Cisco Systems Inc. What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. The cert decision holds significant consequences, particularly for patent owners and inventors who find themselves the target of patent infringement, sue to assert their patent rights, and whom patent infri
The IPKat
NOVEMBER 30, 2022
It's the most wonderful tiiime of the yeaaarrr. time, of course, to vote for your favourite intellectual property law books of 2022! The IPKat team continue to diligently read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per category) of this prestigious prize, so vote wisely.
IP Watchdog
NOVEMBER 30, 2022
A group of 25 experts in intellectual property law sent a letter to Assistant Attorney General (AAG) Jonathan Kanter today in support of a business review letter that the group said, “represented a legally sound and evidence-based approach in applying antitrust law to innovative commercial institutions.” The letter is also a response to an earlier letter sent to Kanter on October 17, 2022, by 28 former government enforcement officials, professors, and public interest advocates that urged the AAG
IP Law 360
NOVEMBER 30, 2022
With revenue among women's health tech companies poised to grow to more than $100 billion by 2030, and plenty of room for innovation in the field, companies in this space shouldn't shy away from pursuing intellectual property protection to grow their businesses, attorneys said Wednesday.
IP Watchdog
NOVEMBER 30, 2022
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion affirming a district court order that struck parts of an infringement expert report and also granted summary judgment of non-infringement to Valve Corporation. The CAFC held that it is proper to strike expert testimony that did not rely on the agreed upon claim construction adopted by the district court.
IP Law 360
NOVEMBER 30, 2022
The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.
Patently-O
NOVEMBER 30, 2022
The Patent Public Advisory Committee (PPAC) includes nine voting members appointed by the Secretary of Commerce. The committee is charged with reviewing “policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office … and advise the Director on these matters.” 35 USC 5. The statute also charges the committee with preparing an annual report.
IP Law 360
NOVEMBER 30, 2022
An Illinois federal judge has cleared fast food giant McDonald's of claims that its mobile app infringes a patent-holding company's user interface design, saying he couldn't imagine how the two designs could be confused.
IP and Legal Filings
NOVEMBER 30, 2022
Introduction. The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. In November 2012, in Cambodia, at the 21st Asean Summit, the RCEP discussions were launched. Now, by November 2019, all involved nations hope to have a pact finalised and signed. Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam, China, Japan, India, South Korea, Australia, and New Zealand are Asean members
IP Law 360
NOVEMBER 30, 2022
As the year winds down, circuit courts will hear argument on the kinds of crimes Jan. 6 rioters can be charged with, whether federal law unconstitutionally delegates power to a private entity, and whether a class can be certified even if some class members weren't actually injured.
IP Tech Blog
NOVEMBER 30, 2022
In Punchbowl, Inc. v. AJ Press, LLC , the Ninth Circuit affirmed a trademark win for upstart news outfit Punchbowl News. In doing so, the court held that First Amendment protection extends to the names of commercial enterprises. This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment.
IP Law 360
NOVEMBER 30, 2022
This year's song copyright ownership battles involving Post Malone and Lizzo illustrate how songwriters working in informal settings without consideration of legal formalities can encounter claims of joint authorship from alleged co-writers, and the common thread in such claims is the absence of a written agreement, says Matthew Wilson at Arnall Golden.
The TTABlog
NOVEMBER 30, 2022
The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) has scheduled five (5) oral hearings for the month of December 2022. Only the fifth one will be in person, the first four being held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided. December 1, 2022 - 1 PM: Eden Foods, Inc. v. The Ethnic Group LLC dba Edenic Blends , Opposition No. 91267822 [Section 2(d) opposition to EDENIC BLENDS & Design for "Vitamin and mineral supplements; non
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