Tue.Jun 07, 2022

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Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? (The “Every Child Matters” Copyright Story)

Hugh Stephens Blog

Sometimes copyright issues are essentially black or white. There was obvious infringement. It was done for commercial gain. It was bad; it shouldn’t have happened. Period. Often, however, things are not so clear and there are various shades of grey involved. This is one of those cases. I will let you be the judge since … Continue reading "Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist?

Designs 246
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3 Count: Maverick Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. The lawsuit was filed by Shosh and Yuval Yonay, the widow and son of Ehud Yonay.

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The next frontier for AI in China could add $600 billion to its economy

McKinsey Operations

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

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‘Copyright Troll’ Has Already Filed Over 1,000 Piracy Lawsuits This Year

TorrentFreak

For more than 15 years, alleged file-sharers around the world have been pressured to pay significant settlement fees. These so-called ‘copyright-trolling’ efforts are pretty straightforward. Copyright holders obtain a list of ‘pirating’ IP-addresses and then request a subpoena from the court, compelling ISPs to hand over the associated customer data.

Copyright 138
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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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Branding Lessons from Formula1

Erik K Pelton

Formula1 offers several brand and trademark lessons for businesses, as Erik explains based on his recent trip to race. The post Branding Lessons from Formula1 appeared first on Erik M Pelton & Associates, PLLC. Formula1 offers several brand and trademark lessons for businesses, as Erik explains based on his recent trip to race.

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IPTV Pirate Must Pay £963K or 88 Month Prison Sentence Becomes 168 Months

TorrentFreak

Over a period of more than 10 years, companies run by businessman Steven King found ways to utilize copyrighted content owned by others to generate substantial profits. According to the Premier League, Steven King, Paul Rolstona and Daniel Malone offered subscription packages to more than 1,000 pubs, clubs and homes throughout England and Wales, via their websites DreamBoxTV.co.uk and YourFootie.com.

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More Trending

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Resilience for sustainable, inclusive growth

McKinsey Operations

Resilience should be seen as the ability to deal with adversity, withstand shocks, and continuously adapt and accelerate as disruptions and crises arise over time.

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Will There Be a Long Overdue Victory for the Visually Impaired in South Africa?

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Introduction. Despite great excitement and advancement in intellectual property rights, the rights of the visually impaired have been ignored. Copyright law reform has allowed publishers and innovators to prevent third-party reproduction of their work. However, this also included reproduction for the purpose of creating materials for those who are visually impaired.

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USPTO News Briefs

JD Supra Law

USPTO Terminates Rospatent as ISA and IPEA for International Applications - In a News Brief issued last week, the U.S. Patent and Trademark Office announced that it had notified the Russian Federal Service for Intellectual Property, ?Patents and Trademarks (Rospatent) of the USPTO's intent to terminate ?its agreement concerning Rospatent functioning as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications received by.

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Global Economics Intelligence executive summary, May 2022

McKinsey Operations

Central banks move against inflation; US industry expands while China’s economy contracts amid COVID-19 measures; supply challenges persist.

Contracts 125
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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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Likelihood of Delusion:  Ghost Guns and IP in a World Gone Mad

The Illusion of More

“Defcad stands against artificial scarcity, intellectual property, copyright, patentable objects, and regulation in all its forms.” – Cody Wilson, Promo Video, 2013 – In 2012, when this blog was new, I wrote a short piece about Cody Wilson’s vision to combine Second Amendment maximalism with tech-utopianism to ensure that every citizen has even easier access […].

IP 100
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Supreme Court Told IPRs Flout Due Process For Patentees

IP Law 360

A company whose video patents were invalidated in inter partes reviews requested by Amazon has urged the U.S. Supreme Court to rule that it is unconstitutional for the same Patent Trial and Appeal Board panel to both institute reviews and issue final decisions.

Patent 98
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Federal Circuit judges ask tough questions on patentability of AI creations

IAM Magazine

Presented with oral arguments in the DABUS case about the novel legal issue of patenting inventions made by artificial intelligence, a trio of veteran judges at the US Court of Appeals for the Federal Circuit on 6 June appeared to adopt a sceptical stance.

Patent 98
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Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Technology & Marketing Law Blog

[My approach to quick links is obviously not working very well. C’est la vie.]. CCPA. [Since I’ve got some CCPA links, it’s an excuse to resurrect the dumpster fire meme. Remember, the CPRA meme is the rolling van on fire.]. * Opinion of Rob Bonta , No. 20-303 (Office of Attorney General March 10, 2022): “internally generated inferences that a business holds about a consumer are personal information within the meaning of the CCPA, and must be disclosed to the consumer on

Privacy 96
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Virtual Reality Factory for Training and Teaching

Christopher Roser

The COVID-19 pandemic and its distancing made teaching quite difficult. On-site trainings on the shop floor especially were no longer possible. Torbjørn Netland, Head of Chair of Production and Operations Management (POM) at ETH Zurich took this challenge as an opportunity and brought the factory to the students virtually. Let me show you his success.

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Why Heritage Minister Pablo Rodriguez’s Bill C-11 Content Regulation Denials Ring Hollow

Michael Geist

Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage yesterday, using the opportunity to defend Bill C-11 with assurances that concerns about the inclusion of user content within the bill were “unfounded.” As this post unpacks, the denials of content regulation ring hollow as his defence falls apart on close examination of the bill.

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The McKinsey Crossword: Pride Month | No. 79

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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Judge Shreds Gibson Over 'Baseless' TM Counterclaims

IP Law 360

A federal judge in Michigan said the company that owns the design of the iconic Gibson guitar will have to face antitrust claims from a longtime rival founded by ex-employees, repeatedly calling Gibson's trademark counterclaims "objectively baseless.

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Busted! Five myths about retail media

McKinsey Operations

Retail media networks are transforming the advertising landscape and boosting top retailers’ bottom lines. Our latest survey helps debunk five mistaken beliefs about RMNs.

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'Buffalo Wings' Creator Accuses Fla. Eatery Of Ripping Off TM

IP Law 360

The Buffalo, New York, bar that claims it created the first "buffalo wings" hit a Tampa-based restaurant with a trademark infringement lawsuit in Florida federal court Monday, accusing the eatery of intentionally ripping off its name to profit off its notoriety for popularizing spicy deep-fried chicken wings.

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Purple Book Update – Regeneron’s EYLEA (aflibercept)

JD Supra Law

Patents related to Regeneron’s EYLEA (aflibercept) were recently added to the Purple Book. Under the Biological Product Patent Transparency Act, signed into law December 27, 2020 and codified at 42 U.S.C. § 262(k)(9), patents must be submitted to the FDA for listing in the Purple Book during the “Patent Dance” under the BPCIA. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 62
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Central Role of IP and Marketing in Business Design

azrights

Most people assume intellectual property is primarily a distress purchase. This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. It frustrates me that people turn to me when they’re copied, assuming this is the kind of work I’m engaged in doing, when they’ve never consulted me before about their IP. If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against

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Delegating Authority

Patently-O

CustomPlay, LLC v. Amazon.com, Inc. (Supreme Court 2022). New challenge to inter partes review. In this case, the patentee argues: (1) anti-delegation and (2) due process. Questions: Whether the Patent and Trademark Office (PTO) violated the statutory text and legislative intent of the America Invents Act (AIA) by delegating the PTO Director’s responsibility to determine whether to institute inter partes review (IPR) of issued patents to the Patent Trial and Appeal Board (PTAB), which is the ent

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[Audio] Patent Marking in China

JD Supra Law

Hello everyone. Today I’d like to talk about the Patent Marking in China. [Take-Away] China's regulations on patent marking mainly stipulate how to mark correctly, not to mislead the public, not to make false publicity, etc. There is NO compulsory provision stating that the patentee must mark the patented product either physically or virtually. Different from US, in China, the patent marking is not a requirement for collecting damages for patent infringement.

Patent 55
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Federal Circuit judges ask tough questions on patentability of AI creations

IAM Magazine

Presented with oral arguments in the DABUS case about the novel legal issue of patenting inventions made by artificial intelligence, a trio of veteran judges at the US Court of Appeals for the Federal Circuit on 6 June appeared to adopt a sceptical stance.

Patent 52
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Prosecution Pointer 332

LexBlog IP

Recently, the USPTO announced a Climate Change Mitigation Pilot Program. Under this pilot program, qualifying nonprovisional utility patent applications involving technologies that mitigate climate change by reducing greenhouse gas emissions will be advanced out of turn for examination (i.e., the application will be given special status) until a first action on the merits.

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Vidal Intervenes In Challenge To Patents From $2B VLSI Win

IP Law 360

The Patent Trial and Appeal Board's controversial decision to review the two VLSI Technology LLC patents that Intel is facing a $2 billion verdict for infringing led to U.S. Patent and Trademark Office Director Kathi Vidal on Tuesday to invoke her director review powers.

Patent 52
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Director Review Now Possible For PTAB Institution Decisions?

LexBlog IP

About Face Responsive to Mandamus Filing. I’ve pointed out a few times now that the IPR filings of OpenSky are inevitably doomed. There is just too much evidence of bad faith for there to be any other outcome. And as I also pointed, out the POP request has been pending since January, presumably awaiting the new Director to settle the issue. Today the POP Request was finally denied, strangely, in favor of a Director Review.

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CCC Brings Ringgold In-House to Grow its Data Pipeline

Velocity of Content

What to Know and Why It Matters. On May 3, Copyright Clearance Center (CCC) announced the acquisition of Ringgold, a provider of persistent organization identifiers (PIDs) for the scholarly communications community. For the past 19 years, Ringgold has played a central role in the provision of organization disambiguation services for the scholarly community.

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Interesting Patents | June 7, 2022

LexBlog IP

Interesting Patents. TUESDAY, JUNE 7, 2022. The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing the most exciting developments in technology and innovation. In this article, we highlight several interesting US patents recently issued by the USPTO. Looking for more information on patents? Visit our Patents Page here.

Patent 52
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Latest Federal Court Cases - June 2022

JD Supra Law

Pavo Solutions LLC v. Kingston Technology Company, Inc., Appeal No. 2021-1834 (Fed. Cir. June 3, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a $7M compensatory damages award and, in doing so, dealt with questions of when a district court can correct errors in patent claims, whether a defendant can willfully infringe a patent that has been judicially corrected, when to exclude expert testimony, and when an issue has been preserved for appeal.

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Ping® June 2022 – FTC Updates Endorsement Guides 2022 Part I

LexBlog IP

The Federal Trade Commission (“FTC”) approved a request for public comment related to updating its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These are better known as the “Endorsement Guides” or just the “Guides.” The current version of the Guides can be found at 16 CFR part 255. These updates were released in May 2022.

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USPTO Focuses on Clean Tech

JD Supra Law

At the ARPA-E (Advanced Research Projects Agency – Energy) Energy Innovation Summit on May 24, the USPTO (United States Patent and Trademark Office) announced the expedition of clean energy patent applications through the Climate Change Mitigation Pilot Program. This program covers any product or process that has a positive impact on the climate and follows the conclusion of the Green Technology Pilot Program which ended in 2012.

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Lewis Brisbois Adds Ex-Prosecutor As White Collar Co-Leader

IP Law 360

Lewis Brisbois Bisgaard & Smith LLP has added a former assistant U.S. attorney in Savannah, Georgia, to its Atlanta office to serve as vice chair of the firm's government investigations and white collar defense practice.

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Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

LexBlog IP

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. As described in a companion article, which can be found here , Plaintiff Stephen Thaler, Ph.D., is the owner of a Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), which he claims is an AI machine.