Wed.Nov 30, 2022

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3 Count: Public Telegram

Plagiarism Today

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.

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The European Commission publishes the proposals for a revised Regulation and Directive on designs

The IPKat

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

Designs 134
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Peter Gleeson Leaves News Corp Following Plagiarism Scandal

Plagiarism Today

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.

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Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v. RCN

Technology & Marketing Law Blog

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.

Copyright 128
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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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Author Talks: Hospitality lessons from a Michelin-star restaurateur

McKinsey Operations

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.

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More Trending

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Bracing for Impact Keynote Address Tells a Copyright Story Never Told: Art and Copyright in Ghettos and Concentration Camps

IPilogue

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.

Art 106
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Freedom of Expression for a Price: Government Confirms Bill C-18 Requires Platform Payment for User Posts That Include News Quotes and Hyperlinks

Michael Geist

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.

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Telegram Discloses User Details of Pirating Users Following Court Order (Updated)

TorrentFreak

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.

Privacy 98
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Salix Pharms., Ltd. v. Norwich Pharms., Inc. Xifaxan® (Rifaximin)

JD Supra Law

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.

Patent 98
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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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Kroger Asks 7th Circ. To Block Grubhub From Using Logo

IP Law 360

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.

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European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

JD Supra Law

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.

Patent 98
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No Patents: How to Protect Product from Copying

Patent Trademark Blog

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.

Copying 98
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Juno Therapeutics Requests That the Supreme Court Wait to Make a Decision on Its Written Description Question Until Amgen’s Enablement Case Is Resolved

JD Supra Law

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.

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Forward Thinking on the meeting point of science and humanity with Jayshree Seth

McKinsey Operations

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.

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XR Report - Rise of WEB3 Technologies to Accelerate XR

JD Supra Law

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.

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Exploring Challenges in the Shift to Open Access: Part 3 – Communication and Collaboration

Velocity of Content

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.

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Janssen Files BPCIA Complaint Against Amgen Regarding Ustekinumab

JD Supra Law

???????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.

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Cloud adoption on the rise in Asia: Talent is key to success

McKinsey Operations

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?

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Need Gifts for Artists? 25 Ideas to Try Instead Of Conventional Art Supplies

Art Law Journal

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.

Art 86
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Bittertweet Symphony

The Illusion of More

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.

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Telegram Discloses Personal Details of Pirating Users Following Court Order

TorrentFreak

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.

Privacy 84
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SCOTUS to Consider Granting Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case

IP Watchdog

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

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IPKat Book of the Year Awards 2022!

The IPKat

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.

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Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter

IP Watchdog

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

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Femtech Cos. Should Prioritize Pursuing IP, Attys Say

IP Law 360

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.

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Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction

IP Watchdog

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.

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11th Circ. Won't Revive TM Suit Over MTV's 'Floribama Shore'

IP Law 360

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.

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PPAC 2022 Annual Report

Patently-O

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.

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McDonald's Escapes 'Ridiculous' Design Patent Suit

IP Law 360

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.

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