Mon.Feb 27, 2023

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3 Count: The Last of Copyright

Plagiarism Today

Ed Sheeran moves to limit evidence at trial, Sony asks EU court to stop cheat maker and The Last of Us creates copyright drama The post 3 Count: The Last of Copyright appeared first on Plagiarism Today.

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Pickleball: A Booming Sport With a Boom in Trademark Filings

Erik K Pelton

The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. Although it was invented a couple of decades ago, ever since the pandemic in 2020 its popularity has boomed. Some studies indicate that it’s the fastest-growing sport in the United States.

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Why the Jonas Brothers Didn’t Plagiarize Supernatural

Plagiarism Today

The plagiarism allegations between fans of Supernatural and The Jonas Brothers are mostly a joke, except for those that took it serious. The post Why the Jonas Brothers Didn’t Plagiarize Supernatural appeared first on Plagiarism Today.

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The AI-native telco: Radical transformation to thrive in turbulent times

McKinsey Operations

Artificial intelligence, when deployed at scale, can help telcos protect core revenues and drive margin growth. But capturing this opportunity will require a wholly different approach.

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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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A green slogan is not a trademark, says the General Court

The IPKat

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. Background German company Groschopp AG Divers & More filed an application for EU trade mark registration of the verbal sign “ Sustainability through Quality ” in classes 7, 9, 16 and 42.

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Licensor Beware: Copyright Protections in Peril

IP Watchdog

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections. On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

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More Trending

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Treating rare diseases: How digital technologies can drive innovation

McKinsey Operations

Pharmaceutical companies are using recent advances in digital technologies to improve care strategies and provide hope for rare disease patients across thousands of different rare diseases.

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Pirate Couple Got Caught Uploading, Promised to Abstain, Got Caught Again

TorrentFreak

Dutch anti-piracy group BREIN has built quite a reputation over the years. For many Netherlands-based file-sharers, BREIN was considered a mortal online enemy. Passions don’t run anywhere near as high today, but not because BREIN took its foot off the gas. Anyone involved in the Dutch piracy scene still risks running into BREIN, and while that isn’t exactly ideal, it isn’t necessarily the end of the world either.

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Beware Trademark Squatters: The New Draft of the Chinese Trademark Amendment Aims at You!

IP Tech Blog

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed to the public for comments.

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This Week in Washington IP: Celebrating Black Invention with Invent Together, USPTO Begins Symposium Series on Women’s Entrepreneurship, and House Committee Holds Hearing on U.S. Innovation

IP Watchdog

This week in Washington IP news, the House Subcommittee on Innovation, Data, And Commerce holds a hearing on promoting innovation and protecting data privacy, and the Senate Judiciary Committee holds a meeting about a handful of judicial appointments. Elsewhere, Invent Together hosts an event to honor Black inventors and hear from a variety of Black inventors and entrepreneurs.

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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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Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Access To Health Care

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on Feb 23, 2023. On February 2, 2023, Ontario’s Ministry of Health (the Ministry) released its new health care plan, entitled Your Health: A Plan for Connected and Convenient Care (the Plan).

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The Evolving Gene Editing Landscape: From Research Tool to Market

JD Supra Law

Gene therapies have been the subject of tremendous scientific research and investment. With hundreds of clinical trials in progress and many target applications, the biotechnology, agricultural, and pharmaceutical fields are pushing full speed ahead into this promising field. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Mindsets for success: Lessons from top CEOs

McKinsey Operations

During times of change, successful bosses adapt and exhibit service-minded leadership. Leaders at all levels should take note.

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Federal Court concludes Minister of Health’s decision not to reassess data protection for SPRAVATO in view of CUSMA is reasonable

JD Supra Law

Before approving Janssen’s esketamine hydrochloride product (SPRAVATO) on May 20, 2020, the Minister of Health determined that it was not an “innovative drug” as defined by section C.08.004.1(1) of the Food and Drug Regulations (Regulations) and therefore not entitled to data protection. Janssen’s application for judicial review was dismissed, and the decision was upheld by the Court of Appeal.

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How Innovators Prioritize Ideas For Patent Monetization Success

IP.com

The post How Innovators Prioritize Ideas For Patent Monetization Success appeared first on IP.com - IP Innovation and Analytics.

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[Webinar] 40th FDA Boot Camp - March 22nd - 23rd, 8:15 am - 1:30 pm EST

JD Supra Law

Hosted by American Conference Institute, the FDA Boot Camp returns for its 40th iteration with the continued intent of providing the working knowledge of core essentials of FDA law and regulation, including the new amendments under the Food and Drug Omnibus Reform Act (FDORA). This in-depth training will include practical real-world examples that will help you to excel in your everyday practices.

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Overview Of Employee Stock Option Plan

IP and Legal Filings

Introduction An Employee Stock Option Plan (ESOP) is a type of benefit plan that provides employees with the opportunity to own a stake in the company they work for. In this type of plan, employees are given the option to purchase shares of their employer’s stock at a set price, also known as the grant price or exercise price. The options are granted over a period of time and employees typically exercise the options when the market price of the stock is higher than the grant price, allowin

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“Line-by-Line” vs. “As-a-Whole” Analysis: Clarifying the Mere Importer and Domestic Industry Analysis

JD Supra Law

The International Trade Commission’s (“Commission”) majority and dissenting opinions in Certain In Vitro Fertilization Products, Components Thereof, and Products Containing the Same (“In Vitro Fertilization”) illustrate two different approaches to the domestic industry (“DI”) inquiry. Under 19 U.S.C. §1337 (“Section 337”), protections for statutory intellectual property infringement claims only apply “if an industry in the United Sates. exists or is in the process of being established.”.

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How oil and gas companies can be successful in renewable power

McKinsey Operations

The traditional business model of oil and gas players is under pressure. Investing in the sustainable-power value chain can provide an opportunity to diversify and play a leading role as the industry transitions.

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Black History Month: A Leader in the Use of Satellite Imagery in Assisting with Natural Disasters and Ensuring an Accurate Population Count

U.S. Department of Commerce

Black History Month: A Leader in the Use of Satellite Imagery in Assisting with Natural Disasters and Ensuring an Accurate Population Count February 27, 2023 KCPullen@doc.gov Mon, 02/27/2023 - 09:56 By Paul Watson, Team Lead, Geospatial Reference Data Branch, U.S. Census Bureau I was born in the Bronx, New York, and raised in Prince George's County, Maryland.

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USPTO Extends Comment Period on FDA Collaboration Initiatives to Give Full Ear to Sparring Stakeholders

IP Watchdog

On February 24, the U.S. Patent and Trademark Office (USPTO) issued a notice in the Federal Register indicating that the nation’s patent agency was reopening the comment period related to its request for comments (RFC) on collaboration initiatives with the U.S. Food & Drug Administration (FDA). Previously closed on February 6, the comment period on USPTO-FDA collaboration initiatives is now extended until March 10.

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My First Year as DOC Chief Diversity Officer—From Z to A?

U.S. Department of Commerce

My First Year as DOC Chief Diversity Officer—From Z to A‒ February 27, 2023 KCPullen@doc.gov Mon, 02/27/2023 - 12:30 By Junish Arora, Chief Diversity, Equity and Inclusion Officer As the new DOC Chief Diversity Officer (CDO), I wanted to share my perspective on the first critical year in that role. While it cannot be overstated how important it was for me to navigate the stakeholder universe and perform a comprehensive review of Diversity, Equity, Inclusion, and Accessibility (DEIA), it was also

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Oppo rejects Nokia’s arbitration proposal

IAM Magazine

The Chinese handset maker has opted to fight on for now, but alludes to "counter-offer" in the pipeline.

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TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re David Shokrian M.D. , Serial No. 88417120 (February 13, 2023) [not precedential] (Opinion by Cindy B. Greenbaum). [Mere descriptiveness refusal of MILLENNIAL AESTHETIC SURGERY for "Surgery; Cosmetic surgery services; Cosmetic and plastic surgery; Plastic surgery; Plastic surgery services" (AESTHETIC

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11th Circ. Rules IP Damages Not Limited To 3 Years

IP Law 360

A Florida musician is not barred from seeking additional damages in a copyright infringement lawsuit against music publisher Warner Chappell, an Eleventh Circuit panel ruled in a published opinion Monday, making it the latest circuit court to determine how far back copyright holders can recover damages.

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Managing IP Americas Awards 2023: shortlists announced

Managing IP

The winners of the awards will be revealed at a gala dinner in New York City on April 27

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YouTube Fighting Uphill On Trimming Battlegrounds Claims

IP Law 360

A California federal judge indicated Monday that he is unlikely to dismiss claims against YouTube brought by a video game developer alleging the platform hosts an infringing film version of its PlayerUnknown's Battlegrounds, saying that the different forms of media make it challenging to perform an analysis of their similarities.

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The Law Bytes Podcast, Episode 157: Stephen Spong on the “Goblin Mode Gaslighting” of Canadian Copyright and Fair Dealing

Michael Geist

Last week was Fair Dealing Week, a chance for a wide range of Canadians – educators, students, librarians, archivists, and creators – to celebrate the important role that fair dealing plays in facilitating both fair access and fair compensation to copyrighted works. I ran a series of posts on Canadian education, fair dealing and copyright that will continue into the coming week.

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Chancery To Let T-Mobile, Cox Battle Resume After Remand

IP Law 360

Cox Communications couldn't escape a supplemented T-Mobile counterclaim in Delaware's Court of Chancery over a broken wireless service agreement, with a vice chancellor on Monday deeming T-Mobile's breach claims reasonable enough to go forward after being remanded from the state's Supreme Court.

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Resiliency and leadership in uncertain times: An interview with Splunk’s CEO

McKinsey Operations

Splunk CEO Gary Steele explains how digitization is elevating the topic of resilience to the boardroom and shares his thoughts on successful CEO transitions.

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TV Cos. Win Toss Of SAG-AFTRA's Royalties Suit For Now

IP Law 360

SAG-AFTRA can't continue its unpaid royalties claims against AT&T and DirecTV affiliates for a television show based on Stephen King's novel "Mr. Mercedes," a California federal judge ruled, saying the union didn't properly bring allegations under federal labor law or copyright law.

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Colombia’s El Bosque University Gears up its Technology Transfer Capabilities With IP

WIPO Magazine

In 2019, El Bosque University ramped up efforts to develop a dynamic innovation system and a global leader in IP management within the academic sector. Its approach is already yielding benefits with technology transfer opportunities on the rise.

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Sandoz denosumab BLA accepted by US FDA

LexBlog IP

The US FDA has accepted a Biologics License Application (BLA) from Sandoz for a proposed denosumab biosimilar. In its press-release , Sandoz stated that the “application includes all indications covered by the reference medicines Prolia® (denosumab)* and Xgeva® (denosumab)* for treating a variety of conditions, including osteoporosis in postmenopausal women and in men at increased risk of fractures, treatment-induced bone loss, prevention of skeletal related complications in canc

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Hollow comfort

Likelihood of Confusion

Did you ever wonder just how effective holograms are as an anti-counterfeiting device? When they first came out in the 1980’s, we were all impressed. It was like “Star Wars” on our credit cards. But over the years as we’ve gotten used to them, I am sure I’m not the only one who wondered if they’re really any good at this technological point in history.

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Our diversity makes us stronger. Our inclusion makes us better.

LexBlog IP

Five men. One teenager. Four women. Three dads. Two moms. A significant number of cats. Two dogs. Two toddlers. Three adult children. One five-year-old. Army veteran. Farm owners. City dwellers. Part-time. Ohio. Wisconsin. Michigan. Minnesota. Rural. Northwoods. White. African-Jamaican. Bougie. Snarky. Introvert. Ambivert. Extrovert. Disruptors. Software Engineering.