Wed.Sep 28, 2022

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Was Batman a Plagiarism?

Plagiarism Today

The first version of the Batman emblem. A recent article by Austin Mace at Screenrant highlights comments made decades ago by Batman co-creator Bill Finger regarding Batman’s first appearance in Detective Comics #27, published in May 1939. . According to Finger, that story, entitled The Case of the Chemical Syndicate , was a direct plagiarism of Partners of Peril , a novel featuring the superhero The Shadow, that was published in November 1936.

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What is a Presentation Copy of a Trademark Registration?

Erik K Pelton

What are the differences between a USPTO trademark registration certificate and a presentation copy? Erik explains the differences between electronic, presentation, and paper registration certificates. The post What is a Presentation Copy of a Trademark Registration? appeared first on Erik M Pelton & Associates, PLLC. What are the differences between a USPTO trademark registration certificate and a presentation copy?

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3 Count: 99 Web Domains

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pirate IPTV Operator Faces Prison Following Organized Crime Investigation. First off today, Andy Maxwell at Torrentfreak writes that, in the UK, a man faces potential prison time for his role in operated a pirate TV service after being charged both under the nation’s copyright act and under the Proceeds of Crime Act.

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NIO unlocks its potential through standout user operations

McKinsey Operations

McKinsey sits with NIO’s president to discuss the logic behind its approach, its input–output economics, and the implications for the industry.

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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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The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

Patents that are expected to protect a company’s most valuable innovations must stake a claim to that innovation and be equipped to defend it. This is because being worthy of patent protection doesn’t guarantee that an application’s claims to an innovation will not be rejected and rights to that innovation jeopardized. A major reason for this is that an examiner’s interpretation of a claim drawn to an innovation that may be worthy of patent protection may cause them to determine that the subject

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AnyStories Drags Cloudflare to the Copyright Claims Board Over Pirate Site

TorrentFreak

In June, the US Copyright Claims Board was launched. Through this venue, hosted at the US Copyright Office, rightsholders can try to recoup alleged damages outside the federal court system. More than one hundred and fifty cases have been filed thus far. Some of these have been dismissed for administrative reasons or opt-outs, but the board has yet to issue its first verdict.

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Moral Rights in Copyright: Lin-Manuel Miranda sues Texas Church for unauthorized performances of “Hamilton”

IPilogue

Michelle Mao is a 2L student at Osgoode Hall Law School and an IPilogue Writer. In response to a Texan Church’s unauthorized performance of Hamilton , where the musical’s contents were altered to reflect Christian Values , Lin-Manuel Miranda, creator of the Hamilton musical tweets, “Now lawyers do their work.” So, what exactly does this “work” entail?

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Laying the foundations for a space economy

McKinsey Operations

Space already plays a larger role in our lives than we realize, and it’s only going to grow as new technologies and innovations open up unimagined economic opportunities.

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Importance of cash-only agreements plummets in IP licensing, according to new LES USA and Canada report

IAM Magazine

With the effects of the America Invents Act and Supreme Court eligibility decisions biting, the survey finds that deal values are down overall - with NPEs seeing among the sharpest falls

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Beyond fair use

Likelihood of Confusion

We’re a little obsessed here with the rights of “unauthorized” resellers to use the trademarks that describe the stuff they’re reselling. So this UK domain name decision strikes us as. The post Beyond fair use appeared first on LIKELIHOOD OF CONFUSION™.

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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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Heat waves, the war in Ukraine, and stigma: Gen Z’s perspectives on mental health

McKinsey Operations

A new McKinsey Health Institute survey finds that Gen Z may have higher levels of perceived stigma compared with other generations, but they may be more accepting of people with mental illnesses.

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Dana DuPerron on CTV’s Ask the Expert: Severance Packages 101

Nelligan Law

Reading Time: < 1 minute. Watch as employment lawyer Dana DuPerron answers commonly asked questions about severance packages. Check our her full interview below! Part 1: Part 2: Part 3: The post Dana DuPerron on CTV’s Ask the Expert: Severance Packages 101 appeared first on Nelligan Law.

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Mining for tech-talent gold: Seven ways to find and keep diverse talent

McKinsey Operations

A wealth of diverse tech talent is available, if companies expand their approach to hiring them.

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Solicitor General Asks SCOTUS to Grant Petition to Reject Tenth Circuit’s Extraterritorial Application of Lanham Act

IP Watchdog

On September 23, the office of the U.S. Solicitor General filed a brief with the U.S. Supreme Court on the issues at play in Abitron Austria GmbH v. Hetronic International, Inc., a trademark case in which the U.S. Court of Appeals for the Tenth Circuit affirmed a $90 million damages award for trademark infringement based on infringement occurring almost entirely outside of the United States.

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The McKinsey Crossword: Cryptocurrencies | No. 95

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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Copyright Alliance Launches IPDC Program

Copyright Alliance

This week, as a part of our efforts to increase diversity, equity, and inclusion in the copyright space, the Copyright Alliance launched a new program called the Initiative to Promote […]. The post Copyright Alliance Launches IPDC Program appeared first on Copyright Alliance.

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Author Talks: It’s time to make youth sports about kids again

McKinsey Operations

Journalist and former cross-country coach Linda Flanagan pulls back the curtain on K-12 sports in America, revealing an intense, commercialized system that excludes low-income players.

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Judge Albright Identifies Outcome-Determinative Discrepancies in Federal Circuit Interpretations of Fifth Circuit Law Under 1404(a)

Patently-O

by David Hricik, Mercer Law School. Judge Albright granted Google’s motion to transfer venue under 28 U.S.C. 1404(a) from the Western District of Texas to the Northern District of California in an opinion in Motion Offense LLC v. Google, LLC ( here ). Transfer is governed by regional circuit law, and so here, the law of the Fifth Circuit. What is interesting is the judge noting that the only reason transfer was granted is that the Federal Circuit had reached conclusions different from the

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Why compulsory licensing is a blunt instrument in the post-covid landscape

IAM Magazine

Turkey’s recent compulsory licence decision shines a light on the questionable use of compulsory licence provisions around the world in relation to the pandemic. The creation of the covid vaccine has sparked discussions on IP rights and where the real regulatory focus should be.

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US Copyright Office Director Shira Perlmutter to Present 2022 Francis Gurry Lecture on IP (18 October 2022)

LexBlog IP

Since its establishment in 2009, by the Melbourne Law School in conjunction with the Institute of Patent and Trade Mark Attorneys of Australia (IPTA), the annual Francis Gurry Lecture on Intellectual Property has rightly become a highlight on the Australian IP calendar. Past presenters include former Chief Justice of the High Court of Australia Robert French AC, judge of of the Court of Appeal of England and Wales the Right Honourable Lord Justice Colin Birss, Director General of the World Intel

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How flawed fintechs are running out of gas

IAM Magazine

Plummeting fintech stock prices are leading to an urgent re-evaluation of certain business models in the space. However, a closer look at intangible assets might hold the solution to this dilemma.

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The Impact of IPR on Biodiversity

IIPRD

Introduction to Biodiversity. Biodiversity in simple terms is referred to as the living variety of plant and animal life in a particular habitat. It is all the different kinds of living plants and animals present in an area. The variety of animals, fungi, plants, or even small microorganisms like bacteria completes our natural world. Each of these combines and forms an ecosystem.

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Why compulsory licensing is a blunt instrument in the post-covid landscape

IAM Magazine

Turkey’s recent compulsory licence decision shines a light on the questionable use of compulsory licence provisions around the world in relation to the pandemic. The creation of the covid vaccine has sparked discussions on IP rights and where the real regulatory focus should be.

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Anatomy of a Phyrric Victory: Did Defendant Goodyear Tire and Plaintiff CODA Development Both Lose a $65 Million Trade Secrets Case?

LexBlog IP

Last week, a jury hit Goodyear Tire & Rubber with a $65 million verdict in a trade secrets case in Akron presided over by U.S. District Court for the Northern District of Ohio Judge Sara Lioi. On its face, one would surmise the verdict was a major win for the plaintiff CODA Development, but a closer review reveals that it may not have been after all.

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How flawed fintechs are running out of gas

IAM Magazine

Plummeting fintech stock prices are leading to an urgent re-evaluation of certain business models in the space. However, a closer look at intangible assets might hold the solution to this dilemma.

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Federal Circuit Temporarily Halts Launch Of Generic Lexiscan

IP Law 360

The Federal Circuit imposed a temporary stay Tuesday that blocks Pfizer from launching a generic version of the coronary artery test Lexiscan, even though a Delaware federal judge ruled earlier this year that the new drug wouldn't actually infringe any patents Gilead has on Lexiscan.

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Type C Patent Term Adjustment Requires Fully Successful Appeal

JD Supra Law

In Sawstop Holding LLC v. Vidal, the Federal Circuit upheld the USPTO’s interpretation of the Patent Term Adjustment (PTA) statute that limits the availability of PTA for time spent appealing an Examiner’s rejection. The decision may lead to more scrutiny of Patent Trial and Appeal Board decisions that “affirm” an appealed rejection on the basis of “a new ground of rejection.

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Fed. Circ. Won't Halt Gilenya Generics During Novartis Appeal

IP Law 360

The Federal Circuit on Tuesday declined Novartis Pharmaceuticals' request to stay the mandate in the court's recent decision that the patent covering multibillion-dollar multiple sclerosis drug Gilenya is invalid while the company seeks U.S. Supreme Court review.

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Your Patent Attorney Retired: How to Transfer Patent Files

Patent Trademark Blog

Has your patent attorney retired? If your patent attorney has retired or will retire soon, don’t freak out. This post will walk you through the necessary steps so that important deadlines do not fall through the cracks. You will ultimately need to find a new patent practitioner, and this guide on how to choose a patent attorney may help. Get a List of Your Patent Filings and Deadlines.

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SG advises SCOTUS to grant cert in Abitron v Hetronic (extra territorial application of Lanham Act)

LexBlog IP

The Solicitor General has advised SCOTUS to grant cert in Abitron Austria v Hetronic (brief below). It thinks the 10th Circuit got it wrong under Steele v Bulova. It thinks this is a good vehicle for determining the geographic scope of the Lanham Act. Petitioner Abitron’s introduction in its petition (HT ScotusBlog ): Petitioners—all foreign nationals—were subjected to a $90 million damages award under the Lanham Act, 15 U.S.C. § 1051 et seq., for allegedly infringing resp

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AI Artists Highlight Need For Copyright Updates

IP Law 360

As virtual musicians are generated in the age of artificial intelligence, the U.S. Copyright Office will be forced to clarify the limits of copyright protections, which are currently reserved only for human beings, say Sarkis Yeretsian and Jonathan Goins at Lewis Brisbois.

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Former Employee Sues Kilroy’s for Copyright Infringement

Indiana Intellectual Property Law

Indianapolis, Indiana – Plaintiff, Elijah Schwartz (“Schwartz”) filed suit against his former Employer and Defendants, Kilroy’s North America LLC , Kilroy’s Sports, LLC, and Kilroy’s on Kirkwood, LLC (“Kilroy’s”) for Violation of the Wage Payment Act, Breach of Contract, Promissory Estoppel, Unjust Enrichment, Fraud, Declaratory Judgment of Copyright Ownership, and Copyright Infringement.

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TikTok, Triller Drop Video Patent Suits After PTAB Ruling

IP Law 360

TikTok and rival social media platform Triller have dropped separate patent suits lodged against each other over video creation technology, several months after Triller's patent was invalidated by the Patent Trial and Appeal Board.

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Sandoz granted leave to add new allegations on condition of trial adjournment and extension of 24-month stay

JD Supra Law

In a decision rendered on August 17, 2022, the Federal Court granted Sandoz Canada Inc (Sandoz) leave to amend its Statement of Defence to add new allegations, contingent on an adjournment of the trial and an extension of a 24-month stay under the Patented Medicines (Notice of Compliance) Regulations (the Regulations): Bayer Inc v Sandoz Canada Inc, 2022 FC 1187.

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Keurig Slams Rival's 'Flawed' Bid To Duck Trade Secrets Case

IP Law 360

Keurig told a Massachusetts federal judge that SharkNinja is trying to sweep a trade secrets suit under the rug by ignoring the complaint's allegations and the plain language of a former executive's noncompete agreement.

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