Plagiarism Today
MAY 9, 2022
Most mornings, right after I wake up, my morning tasks include gathering any copyright and/or plagiarism news stories that I can find on the internet. . I read pretty much all of them, some copyright-related ones go into the 3 Count column and other stories get set aside for additional research to become full posts on the site. It’s a ritual I’ve done nearly every weekday morning for over a decade.
Hugh Stephens Blog
MAY 24, 2022
The war grinds on. Every day we see distressing, tragic coverage of the brutal destruction wrought by Russian forces as they try to crush Ukraine’s resistance. How and when it will end is not evident at this point. The invasion is about territory, forms of governance, national ambitions, history and culture.
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Michael Geist
MAY 31, 2022
The Standing Committee on Canadian Heritage continues its hearing into Bill C-11 today with hours of scheduled testimony and witnesses that include Netflix, Youtube, and CRTC Chair Ian Scott. The witness list is becoming notable both for who is not included (a bill called the Internet Streaming Act without TikTok or Amazon or Apple or Roku?!) and who is back for another appearance (Scott will surely face pressure to soften his earlier comment that the user content is included in the bill ).
McKinsey Operations
MAY 23, 2022
Supply chain upheavals show little sign of abating. Companies can address them by reconsidering outdated, short-term strategies and beginning the hard work of building structural resilience.
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?
TorrentFreak
MAY 26, 2022
There is little doubt that, for many people, on-demand streaming services have become the standard for watching TV-shows. The convenience of watching TV series at the viewer’s pace is common nowadays. It was quite different 15 years ago when the on-demand experience was pretty much exclusive to pirates. TV Piracy Boom. Times have clearly changed but some old habits can be hard to kick.
Technology & Marketing Law Blog
MAY 11, 2022
As part of an omnibus bill, the Minnesota House of Representatives passed a troubling bill restricting how under-18 users engage with user-generated content (UGC) services. [At the bottom of this post, I’ve included the text as passed by the Minnesota House] The bill fits the “protect-the-kids” narrative that politicians champion during election years, but it’s counterproductive towards that purported goal.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
SpicyIP
MAY 23, 2022
We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The post is co-authored by Akshat Agrawal and Sangita Sharma. Sangita is a 3rd year student at Gujarat National Law University and has written for us earlier here. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts.
Michael Geist
MAY 27, 2022
Innovation, Science and Industry François-Philippe Champagne unveiled the government’s proposed new telecom policy directive yesterday, hailing it as a “ historic step.” However, a closer look at the policy suggests that the only thing that is history are any immediate hopes for a more competitive communications marketplace in Canada.
McKinsey Operations
MAY 31, 2022
Employers have invested unprecedented resources in employee mental health and well-being. With burnout at all-time highs, leaders wonder if they can make a difference. Our research suggests they can.
TorrentFreak
MAY 22, 2022
DMCA takedown notices give copyright holders the ability to remove copies of their content from websites that have no right to distribute them. Billions of similar notices target search engines that carry links to similarly infringing content. Numerous scandals over the years have highlighted how sloppy notices have wrongfully targeted legitimate content but more worrying are those that appear to be calculated and malicious.
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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.
The IPKat
MAY 23, 2022
Following the excitement over T 1989/18 , there has been a second Board of Appeal decision finding a lack of legal basis for the requirement to amend the description in line with the claims. The decision in T 1444/20 found that it was not necessary for the applicant to delete claim-like clauses and redundant subject matter from the description, given that the claims were clear without need for recourse to the description.
Patently-O
MAY 4, 2022
by Dennis Crouch. For the chart below, I tabulated about 7,000 individual votes from the Federal Circuit Judges in patent cases decided 2014-2021. For each judge, I show the percentage of individual decisions that sided with the patent challenger; or patent owner in each case. The results here are not highly surprising. Judges Moore, Newman, O’Malley, and Stoll are all more likely to favor the patentee while Judges Lourie, Hughes, Dyk, Prost, and Reyna relatively more likely to side with
IP Watchdog
MAY 4, 2022
World Trade Organization (WTO) director-general Ngozi Okonjo-Iweala yesterday sent a letter to Ambassador Lansana Gberie, Chair of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), explaining that an informal group of delegates from the United States, the European Union, India and South Africa have reached a draft outcome document on the proposal to waive IP rights for COVID vaccine-related patented technologies.
Michael Geist
MAY 25, 2022
The Standing Committee on Canadian Heritage yesterday held the first of four planned day-long hearings on Bill C-11, the Online Streaming Act. Over the course of five hours, the committee heard from about a dozen witnesses. I was included on the opening panel and used my opening remarks to focus on two key issues: Bill C-11’s regulation of user content and its overbroad regulatory approach and the need for greater certainty.
SpicyIP
MAY 1, 2022
The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.
TorrentFreak
MAY 2, 2022
As the horrors caused by Russia’s invasion of neighbor Ukraine continue, the geopolitical and financial implications are being felt throughout the world. Dozens of countries aligned with the defense of Ukraine have implemented unprecedented sanctions. From withering restrictions on Russia’s banking system to a simple refusal to do business, the desire is to restrict Putin’s ability to wage war.
The IPKat
MAY 3, 2022
Last year, this GuestKat reported on an interesting case involving F1 Driver Max Verstappen. Several months after claiming his first World Championship, Verstappen now can add another victory to his trophies, as the Dutch Supreme Court rendered a principle judgment in his favor. Background What was the case about? In 2016, Verstappen was featured in a TV commercial for Dutch supermarket chain Jumbo.
Patently-O
MAY 13, 2022
by Dennis Crouch. Hyatt v. USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. According to the USPTO, there are a couple of hundred patent applications still pending that were filed prior to the June 1995 patent term transformation (GATT).
IP Watchdog
MAY 24, 2022
After two or more U.S. Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). Since 2005, the USPTO has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal, may also request a pre-appeal brief review.
McKinsey Operations
MAY 19, 2022
Exponentially more powerful machines could make possible major reductions in emissions, putting the goal of limiting global warming within reach.
Michael Geist
MAY 19, 2022
CRTC Chair Ian Scott appeared before the Standing Committee on Canadian Heritage yesterday and Bill C-11 proved to be a popular topic of discussion. The exchanges got testy at times as Scott seemingly stepped outside of his role as an independent regulatory by regularly defending government legislation, even veering into commenting on newspapers, which clearly falls outside the CRTC’s jurisdiction.
TorrentFreak
MAY 19, 2022
In 2019, the makers of the superhero film “Hellboy” (HB Productions) filed a lawsuit against torrent site MKVCage at a Hawaii federal court. The movie company accused the site and its operator of promoting and distributing pirated copies of the movie, demanding to put an end to the activity. The lawsuit had an almost immediate effect as MKVCage became unreachable soon after the case went public.
The Trichordist
MAY 9, 2022
Many readers participated in the Physical and Download Mechanical Rates Survey that various organizations have sent to their members over the last few weeks. Here are the… Read more "Survey Results: Physical and Download Mechanical Rates Survey–Artist Rights Watch".
Patently-O
MAY 24, 2022
by Dennis Crouch. The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a driveshaft is patent eligible. American Axle & Mfg., Inc. v. Neapco Holdings LLC, Docket No. 20-891 (Supreme Court 2022). [ USDOJ Brief ]. A decade ago, the Supreme Court decided Mayo v.
IP Watchdog
MAY 13, 2022
On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc. infringed Sound View Innovations, Inc.’s patent for data streaming technology.
IP Close Up
MAY 17, 2022
Most students and recent graduates in affluent Singapore are similar to their contemporaries in other developed economies: They know intellectual property rights exist but are Continue reading.
Michael Geist
MAY 20, 2022
The review of the Online Streaming Act (Bill C-11) heads to committee next week as the Standing Committee on Canadian Heritage plans to devote roughly 20 hours to hearing over the next two weeks. I have received an invitation and may appear as soon as next week. While the House of Commons committee study is just getting underway, the Senate has been debating the possibility of conducting a “pre-study” of the bill at its own committee.
TorrentFreak
MAY 27, 2022
Two decades ago, when the file-sharing boom was just getting started, many people saw piracy as a mystical treasure hunt. At the time, record shops and video stores still dominated the street scene. That would soon be over, as offline entertainment swiftly moved online. Instead of listening to a CD at a local store, people started to sample music from the convenience of their own homes.
The IPKat
MAY 18, 2022
The UK Intellectual Property Office (IPO) has published documents outlining its main activities and targets, setting out how it will deliver on its ‘ambitions’ and ‘corporate priorities’. These documents include a refreshed corporate strategy outlining its ambitions up to 2026, as well as its corporate priorities for t 2022 - 2023, outlining its first steps towards achieving these priorities.
IPilogue
MAY 19, 2022
Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. Justin Bieber and Dan + Shay are next in a line of artists to face allegations of copyright infringement — after Ed Sheeran and Dua Lipa. A group of plaintiffs sued the musicians in the United States District Court in California over their 2019 release “ 10,000 Hours ,” alleging that they “ stole the core portion ” of the 1973 song “ The First Time Baby is a Holiday ” (“ First Time
IP Watchdog
MAY 4, 2022
Earlier this year, we discussed Amgen’s petition for Supreme Court review of the Federal Circuit’s affirmance invalidating several antibody patent claims based on a lack of enablement for genus claims. At that time, we believed Amgen had a slim chance of its petition being granted—mainly because the Supreme Court denied a similar petition from Idenix in 2021 (No. 20-380, January 19, 2021).
Patently-O
MAY 4, 2022
by Dennis Crouch. In a divided opinion, the Federal Circuit rejected a PTAB non-obviousness decision–holding that “generic industry skepticism” is irrelevant to the question of obviousness. Auris Health, Inc. v. Intuitive Surgical Operations, Inc. , 2021-1732, — F.4th —, 2022 WL 1275241 (Fed. Cir. Apr. 29, 2022). I suggest the Auris Health majority departs from KSR by again drawing sharp lines rather than allowing for a functional, flexible analysis.
McKinsey Operations
MAY 27, 2022
The definition of transformation has evolved over the years. McKinsey senior partner Seth Goldstrom discusses that evolution and some of the core elements that remain essential to transformation success.
TorrentFreak
MAY 13, 2022
Since February 24, 2022, Russia’s troops have poured death and destruction on Ukraine. There are no obvious signs to suggest that the conflict will end anytime soon. Part of the early response from Ukraine’s allies was to impose sanctions on Russia, to weaken the country’s ability and will to wage war. Companies in many sectors suspended or terminated business in Russia, including prominent entertainment industry players.
Greenspoon Marder LLP
MAY 12, 2022
By: Justin McNaughton and David Standa Last year, Congress began working on new legislation to combat the amount of counterfeit goods being sold through e-commerce sites. The so-called SHOP SAFE Act would impose responsibility on online retailers for establishing certain validation requirements for sellers, the penalty being holding e-commerce sites responsible for counterfeiting occurring on their sites.
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