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 ).
TorrentFreak
MAY 2, 2022
Earlier this year, producer and cinema investor Moshe Edery fired warning shots across the bows of Mastercard, Visa and American Express for continuing to provide payment processing to pirate streaming sites. Edery, the co-founder of Screen iL, an international TV streaming platform aimed at Israelis living abroad, said the companies must be aware that pirate sites are involved in criminal copyright infringement and money laundering.
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?
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 Companies can address them by reconsidering outdated, short-term strategies and beginning the hard work of building structural resilience.
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.
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
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 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.
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.
Advertiser: IPO
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.
Plagiarism Today
MAY 11, 2022
On May 8, 2022, Duke University held its commencement ceremony, which included an address by graduating student Priya Parkash. . In that speech, she likened Duke University to its own country and said that she has been embracing her “Duke citizenship” over the past four years. She went on to compare Duke to a nation, saying that the school had its own unique landmarks, a large endowment and a tendency for citizens to proudly display their affiliation as they travel.
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.
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).
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.
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.
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.
Plagiarism Today
MAY 25, 2022
The Jumi Bello plagiarism scandal became a national news story due to the meta-nature of the plagiarism. Any story about a plagiarism apology being pulled for plagiarism is going to make headlines, doubly so for plagiarizing from a site named Plagiarism Today. . But, as I said in my final thoughts on the case , the story is actually much deeper and raises much bigger questions.
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.
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.
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.
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".
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.
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.
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.
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.
TorrentFreak
MAY 30, 2022
Time flies, some people say. There is certainly some truth to that but for others, it appears that time stands still. Sydney-based movie distributer Odin’s Eye Entertainment appears to fall in the latter category. Or at least, its anti-piracy partner “ shoot-down.com ” does. Intelligent Anti-Piracy. The anti-piracy outfit is a relatively small player that first appeared on the scene two years ago.
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
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.
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.
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).
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.
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.
Technology & Marketing Law Blog
MAY 17, 2022
This case involves Roblox, a virtual world. Allegedly, a majority of Roblox users are under 13. Roblox has an in-game currency, Robux. Users can manufacture virtual items in-game, and other users can buy those items using Robux, with Roblox taking a cut of the transactions. As I read the opinion, if Roblox discovers a virtual user-made item violates its TOS, Roblox nukes the item…but apparently didn’t refund the buyers’ money, so buyers lost both their money and the item.
The Illusion of More
MAY 10, 2022
Copyright watchers were surprised when the Supreme Court granted Andy Warhol Foundation’s (AWF) petition for certiorari in its case against photographer Lynn Goldsmith. For deeper background, see older posts, but this is the dispute over Andy Warhol’s “Prince Series” silkscreen images of rock legend Prince made in 1984 using Goldsmith’s unpublished 1981 portrait photograph as […].
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