Sat.Mar 11, 2023 - Fri.Mar 17, 2023

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Don’t Cry Over Spilled Milk: Federal Circuit Finds Milk Vitamin Patent Invalid

JD Supra Law

In ChromaDex Inc. v. Elysium Health Inc., the Federal Circuit found U.S. Patent No. 8,197,807 (the “’807 patent”), which is directed to a dietary supplement comprising an isolated vitamin, invalid for lack of subject matter eligibility under 35 U.S.C. § 101. ChromaDex, a dietary supplement company and licensee of the ’807 patent brought a patent infringement suit against Elysium.

Patent 97
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Why Are Canadian Universities Vehemently Campaigning Against Any Clarification of Fair Dealing if They Are Already Licensing All the Content They Need for Teaching Students?

Hugh Stephens Blog

That is the fundamental question that authors and publishers in Canada have been asking themselves as the government begins preparing to consider some long-overdue revisions to the Copyright Act. For the past decade, Canadian post-secondary institutions (outside Québec) have been refusing to acquire licences from the Canadian Copyright Collective, Access Copyright (AC), to cover the … Continue reading "Why Are Canadian Universities Vehemently Campaigning Against Any Clarification of Fair D

Licensing 246
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3 Count: Shuttered Streamzz

Plagiarism Today

US Copyright Office clarifies AI registrations, ACE shuts down a pirate streaming site and publishing groups form a new coalition. The post 3 Count: Shuttered Streamzz appeared first on Plagiarism Today.

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Great Trademarks Are Everywhere… You Just Have to Look

Erik K Pelton

The following is an edited transcript of my video Great Trademarks Are Everywhere…You Just Have to Look (to see the images discussed, view the video at end of this post) When I’m out and about, I’m always cognizant of the brands around me, in particular paying attention to—and amazed by—creative brand names. When developing a new trademark or brand name, it sometimes seems challenging to come up with something unique, new, and important.

Trademark 147
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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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Copyright Office Makes AI Authorship Policy Official

IP Watchdog

The U.S. Copyright Office (USCO) has announced a new statement of policy on “Works Containing Material Generated by Artificial Intelligence” that will be published in the Federal Register tomorrow, March 16. The statement comes following several recent cases that have tested the bounds of copyright protection for works generated solely or in part by AI authors.

Copyright 145
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Generative Artificial Intelligence: US Copyright Office denies registration

The IPKat

On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn , a graphic novel that includes images created with the assistance of Midjourney , a generative Artificial Intelligence (AI) system. The case In September 2022, Ms. Kristina Kashtanova applied and obtained the copyright registration for the work “ Zarya of the Dawn ”.

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Authorities Arrested ‘Leaders’ of Prolific Piracy Release Group EVO

TorrentFreak

Every day millions of people download or stream pirated movies, which are readily available online through hundreds of dedicated sites. To the broader public, pirate sites and services are the gateways to a darker side of the entertainment world. In turn, however, these sites are heavily reliant on the crucial ‘suppliers’ at the top of the piracy pyramid.

Copying 132
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Publicly Traded International Patent Firms

Patently-O

by Dennis Crouch In October 2022, Canada’s largest intellectual property firm became a publicly traded entity. Smart & Biggar , a firm that includes 100+ Canadian patent attorneys and agents (most of whom are also registered with the USPTO) was purchased by the Australian company IPH Limited. The holding company trades on the Australian stock exchange with a market valuation of $1.8 billion Australian dollars ($1.2 billion USD).

Patent 125
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USDA And USPTO Promoting Fair Competition And Innovation In The Seed Marketplace

JD Supra Law

On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC).

Reporting 121
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Why Buying Video Game Assets Can Be Risky

Plagiarism Today

Indie developer Archangel recently learned a hard lesson about buying video game assets: It's difficult to know whether they're original. The post Why Buying Video Game Assets Can Be Risky appeared first on Plagiarism Today.

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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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Operation 404: 11 Arrests, Hundreds of Pirate Sites, Apps & Domains Blocked

TorrentFreak

Brazil’s crackdown against pirate sites, IPTV services, infringing apps, and other mechanisms delivering illegal content to the masses, continues to press ahead. In the wake of similar operations in previous years, including action reported in August 2022 , a new phase of Brazil’s ‘Operation 404’ anti-piracy initiative was announced on Tuesday.

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Preparing for Automated Examination

Patently-O

Associates around the country today are drafting motions, patent applications, and other documents using some version of ChatGPT. Of course, If I were a judge or examiner, I might also be interested in using AI to help facilitate my decision-making. ChatGPT is good for that as well and can provide a reasoned structure, including identifying of prior art and obviousness standards.

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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

SpicyIP

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘ Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-Universi

Patent 121
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3 Count: Disney Ban

Plagiarism Today

Spinrilla seeks to ban the word piracy at an upcoming trial, Brazil shutters a wave of sites and Disney influencers banned from the park. The post 3 Count: Disney Ban appeared first on Plagiarism Today.

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‘Everything Everywhere All at Once’ Piracy Skyrockets After Oscar Win

TorrentFreak

The Oscars are the most anticipated movie awards show of the year, closely followed by hundreds of millions of movie fans around the world. This year’s Academy Awards ceremony received plenty of attention as well, with one film standing out from all the rest. With seven awards overall, including Best Picture, Best Director, and Best Actress, ‘ Everything Everywhere All at Once ‘ was the star of the night.

Copying 120
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Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For more background on this complex case, see this opinion. In this ruling, Dr. Thomas successfully invoked Section 230.

Blogging 120
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CAFC Sends Amazon Patent Case Back to District Court Due to Ambiguous Stipulation

IP Watchdog

The United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling Monday that vacated and remanded a district court ruling on patent infringement in a case between Amazon and AlterWAN. The circuit judges vacated the ruling, which found Amazon did not infringe on two AlterWAN patents for internet network technology. Based on two of the district court’s claim constructions, the parties entered into a stipulation of non-infringement; however, AlterWAN appealed the case

Patent 120
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Proposed Seoul Ferris Wheel Sparks Plagiarism Allegations

Plagiarism Today

The Seoul Metropolitan Government announced a new Ferris wheel. But why has a symbol of peace become a target for plagiarism allegations The post Proposed Seoul Ferris Wheel Sparks Plagiarism Allegations appeared first on Plagiarism Today.

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Denmark’s Piracy Blocklist Adds YouTube Rippers & Expands to 239 Sites

TorrentFreak

In recent years, site blocking has emerged as a preferred anti-piracy solution in dozens of countries. These blocking measures are not bulletproof but pose a hurdle for casual pirates, which can bring down overall piracy rates. In many countries blocking is a relatively new measure, but Denmark has years of experience. The first Danish blocks date back to 2006 , when music industry group IFPI filed a complaint targeting the unlicensed Russian MP3 site AllofMP3.

Music 121
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SpicyIP Weekly Review (March 6- March 11)

SpicyIP

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-p

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AI Machines Continue to Rattle Intellectual Property Law

JD Supra Law

The evolution of artificial intelligence (AI) machines has resulted in a number of interesting issues in both copyright and patent law. See, for example, our prior articles involving attempts to qualify machine-made works for patent and copyright registration. And due to the increasing popularity and commercial availability of AI machines, the range of legal issues presented by AI is only like to broaden.

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Recent MPEP Changes Complicate the Sticky Wicket of Restriction Thickets

IP Watchdog

The USPTO was actively working behind the scenes to revise sections of the Manual of Patent Examining Procedure pertaining to the subject of its recent Request for Comments, including policies and procedures relating to restriction, continuation, divisional, double patenting and terminal disclaimer practice. Three days after the RFC response period ended, the USPTO announced publication of a revised version of the MPEP in the Federal Register.

Editing 113
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After ACE Shuts Down Streamzz, Pirates Demand Refunds But Get Zebras Instead

TorrentFreak

As part of its relentless campaign to shut down as many pirate sites as possible, on Wednesday the Alliance for Creativity and Entertainment reported yet another big win. The anti-piracy coalition’s latest victim is Streamzz, a stream hosting platform that reportedly supplied over 75,000 movies and 15,000 TV episodes, which helped to fuel more than 60 pirate streaming sites.

Reporting 113
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What is decision making?

McKinsey Operations

Decision making is simply the process of making a choice. But decision making often isn’t easy and can be particularly complex in an organizational context.

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Patent & Trademark Office to Begin Issuing Electronic Patent Grants

JD Supra Law

The U.S. Patent & Trademark Office (USPTO) announced that it will no longer issue patents in a printed “ribbon copy” form as of April 18, 2023. Instead, patents will now only be issued electronically in a digital form. This is part of the USPTO’s efforts to move to fully electronic processing of patent applications, which it believes will provide various benefits for the USPTO and patentees.

Trademark 107
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Quebec Court of Appeal Sears “Halloumi” Trademark (Again)

IPilogue

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The Ministry of Energy, Commerce and Industry of the Republic of Cyprus (“Cyprus”) lost its latest attempt to obtain trademark protection for its famous cheese, “Halloumi,” in a decision dated January 20, 2023. The Quebec Court of Appeal (QCCA) dismissed the appeal and agreed with the trial judge, ruling in favour of the Canadian dairy company, Saputo Produits Laitiers Canada S.E.N.C.

Trademark 106
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HeheStreams IPTV Admin Sentenced to Three Years in Prison, $3m Restitution

TorrentFreak

Focusing on MLB, NBA, NFL, and NHL content, Hehestreams was no ordinary IPTV service. Instead of copied streams, captured from broadcasts, HeheStreams users were directed to genuine streams offered by sports broadcasters. On one hand, that meant that HeheStreams didn’t run up huge server bills. On the other, streams were as reliable as any official stream, because they were official streams.

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Climate investing: Continuing breakout growth through uncertain times

McKinsey Operations

Investments in climate technology are still increasing, defying the headwinds that affected most capital markets. We identify eight factors for deploying capital in this resilient space.

Marketing 109
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Lookin’ for the Reason: Delhi High Court Comes Down Heavily on the IPO for Lack of Reasons in its Order

SpicyIP

Image from here [This post is co-authored with Swaraj Paul Barooah] Various authors on this blog have repeatedly pointed out the lack of proper reasoning in patent orders, both from courts (see here ) as well as from the patent offices (see here ). This issue has also been pointed out by courts recently (see here , here and here ). A few days ago, Justice Hari Shankar of the Delhi High Court came out with probably the strongest indictment of this practice.

Invention 105
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How Much is Your Personal Information Worth? And What Will It Be Worth in the Future?

IPilogue

Nikita Munjal is a 3L JD/MBA Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Using the Internet inevitably requires consenting to have your personal information used, collected, and disclosed by the websites you visit. A common reason for individuals, corporations, and non-profit organizations to collect your personal information is to influence your behaviour online, from your voting habits to your mental health.

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Other Barks & Bites: UK Rules in InterDigital-Lenovo SEP Fight; USPTO to add FDA Info to PTE Page; Copyright Office Launches Initiative to Explore AI’s Implications on Copyright Law

IP Watchdog

This week in Other Barks & Bites: The UK High Court delivers a key ruling on standard essential patents (SEPs) in a FRAND battle between InterDigital and Lenovo; the U.S. Patent and Trademark Office updates Patent Term Extension listings to add Food and Drug Administration and Department of Agriculture information following collaboration initiatives; the U.S.

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Section 230 Protects BBB from Liability for Consumer Complaints–Amuze v. BBB

Technology & Marketing Law Blog

Amuze is an online clothing retailer. Consumers left negative reviews of Amuze at the Better Business Bureau of Greater Maryland (BBB-GM) website. ( This page ?) Amuze sued BBB and BBB-GM for defamation and IIED. The BBB entities successfully invoked NY’s anti-SLAPP law. Issues of Public Interest in Public Forum. “the reviews and complaints posted to BBB and BBB-GM profiles concern issues of public interest because such posts are intended to provide otherwise unavailable information

Business 104
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The State of Biosimilars in 2023

JD Supra Law

It has been 13 years since the Biologics Price Competition and Innovation Act (BPCIA) was enacted and biosimilars had a pathway to enter the U.S. market. While there have been challenges over this time, the U.S. biosimilar market has come a long way and has overcome many hurdles.

Marketing 101
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Bad Day For Artists! Updates To The Hermès v Rothschild Dispute

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On February 8 2023, a nine-person jury delivered a verdict after three days of deliberation on the intriguing Hermès v Rothschild case. Rothschild engages novel issues of trademark infringement, trademark dilution, and cybersquatting (MetaBirkin.com domain name in this case) by artists in the metaverse.

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SCOTUS Petition Challenges Federal Circuit’s Estoppel Ruling Against Claims Removed from IPR by Pre-SAS Partial Institution

IP Watchdog

On March 9, e-commerce company Ingenio Inc. filed a petition for writ of certiorari with the U.S. Supreme Court asking it to take up an appeal of a decision last August by the U.S. Court of Appeals for the Federal Circuit in favor of patent owner Click-to-Call Technologies. Ingenio’s petition asks the Supreme Court to overturn the Federal Circuit’s ruling that Ingenio was estopped from challenging the validity of patent claims that were denied institution during inter partes review (IPR) validit