Plagiarism Today
FEBRUARY 7, 2024
The Fourth Circuit Court of Appeals has just handed down a ruling that highlights how much of a shift the SCOTUS Warhol ruling is causing. The post The First Major Impact of the Warhol Ruling appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 7, 2024
Anna’s Archive is a meta-search engine for book piracy sources and shadow libraries. Launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, its self-stated goal is to ensure and facilitate the availability of books and articles to the broader public. A few months ago, the search engine expanded its offering by making available data from OCLC’s proprietary WorldCat database.
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Plagiarism Today
FEBRUARY 7, 2024
Warner Chappell asks Supreme Court to limit damages, Italy's Piracy Shield takes flight and Bitcoin's future hangs in balance at trial. The post 3 Count: Looking Backwards appeared first on Plagiarism Today.
IP and Legal Filings
FEBRUARY 7, 2024
INTRODUCTION A buy now, pay later plan (BNPL) is a loan offered to a customer at the point of sale so they can purchase items on credit but without a credit card. This Credit system in India has saw a massive growth of 569% in 2020 and 637% in 2021. But recently on 20 th June 2022 The Reserve Bank of India made an announcement that shock the entire BLPL industry, this notification disallowed Non-Banks prepaid wallets and prepaid cards from loading credit lines into these platforms, in simple wor
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?
IP Law 360
FEBRUARY 7, 2024
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
IP Watchdog
FEBRUARY 7, 2024
The U.S. Patent and Trademark (USPTO) has released a guidance memorandum for the Trademark and Patent Trial and Appeal Boards (TTAB and PTAB) on the misuse of artificial intelligence (AI) tools before the Boards that largely clarifies the application of existing rules to AI submissions. The announcement is a precursor to a coming Federal Register Notice that will provide additional guidance on the use of AI tools for the public and other USPTO departments.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
FEBRUARY 7, 2024
I previously summarized this case: This is a tragic case involving the marketplace app Letgo. Using an alias, Brown listed a stolen car for sale on the app. The Rolands agreed to meet Brown in person to buy the car. At the meeting, Brown tried to rob them at gunpoint. When the husband fought back, Brown shot them both dead. This lawsuit seeks to hold Letgo liable for the murders.
IP Law 360
FEBRUARY 7, 2024
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
JD Supra Law
FEBRUARY 7, 2024
Whether or not you are a TikTok user, you have likely heard about how the platform allows creators to combine music clips with original content to create viral videos. The ability for users to leverage an extensive music database has, in large part, allowed TikTok to become one of the most used social media platforms in the world, and its influence in the global music business has been monumental.
IP Law 360
FEBRUARY 7, 2024
The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.
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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.
TorrentFreak
FEBRUARY 7, 2024
One of the key goals of the Premier League’s prosecution of Flawless TV was to send a clear deterrent message to those considering the same line of work. When five people were sentenced to an unprecedented 30+ years in prison last May, that was the most powerful anti-piracy message ever sent in the UK, via a private prosecution billed to the taxpayer.
IP Law 360
FEBRUARY 7, 2024
There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.
JD Supra Law
FEBRUARY 7, 2024
Hosted by American Conference Institute, the 20th Annual Paragraph IV Disputes & the 40th Anniversary of the Hatch-Waxman Act returns for another exciting year with curated programming that will take a retrospective look at the impactful court cases, pivotal legislation, and industry shifts that have defined the patent endgame and the pursuit of profits.
IP Law 360
FEBRUARY 7, 2024
There were fewer patent suits filed in 2023 than in any year for over a decade, a drop that attorneys attribute to wariness among some patent litigants due to funding disclosure rules in one prominent patent venue and changes in how cases are assigned to judges in another.
JD Supra Law
FEBRUARY 7, 2024
Stemming a tide of Delaware decisions closely scrutinizing and refusing to enforce non-compete agreements, Delaware’s Supreme Court held that forfeiture-for-competition provisions arising out of a Delaware limited partnership agreement are enforceable, reversing the Court of Chancery’s year-old decision in Cantor Fitzgerald, L.P. v. Ainslie, et al. Cantor Fitzgerald, Ltd.
IP Watchdog
FEBRUARY 7, 2024
The Judicial Conference of the United States' Committee on Judicial Conduct (Conference) and Disability issued its decision today in Judge Pauline Newman’s appeal of the Judicial Council of the U.S. Court of Appeals’ (Council) September 2023 decision to suspend her from all cases. Federal Circuit Chief Judge Kimberly Moore first identified a complaint against Newman in April 2023.
JD Supra Law
FEBRUARY 7, 2024
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.
Trademark and Copyright Law Blog
FEBRUARY 7, 2024
Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. Look no further than this year’s top contenders for examples of this, including Oppenheimer , American Fiction , Killers of the Flower Moon , Poor Things (all based on books)—and, of course, Barbie.
JD Supra Law
FEBRUARY 7, 2024
Holland & Knight's Intellectual Property Group has seen an escalation in emails to clients in which the sender applies the scare tactic of "react quickly or lose your rights to your trademark." These are very often scams. These senders are phishing for information or money. They emanate from private entities, not from the U.S. Patent….
SpicyIP
FEBRUARY 7, 2024
A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? Would you mix up these two labels: Officers choice and Peace Maker? (image below). Well, it appears the courts think most consumers would. Finding these competing labels to be similar, the Delhi High Court (DHC) recently gave Allied Blenders an interim injunction against Hermes Distilleries following claims of trademark infringement of their label in Allied Blenders & Distillers (
JD Supra Law
FEBRUARY 7, 2024
Today, the Federal Circuit will hear oral argument in Contour IP Holding LLC v. GoPro, Inc., Case Nos. 2022-1654, -1691, once again stepping into complex questions of patentable subject matter pursuant to 35 U.S.C. § 101 under Alice. This case underscores the difficulty that courts face in applying the judicially created exceptions to § 101’s patent eligibility criteria.
The IPKat
FEBRUARY 7, 2024
Already in Alicante ready to get a tan discuss all things IP The IPKat has learned that the ever-popular IP Case-Law Conference organized and hosted by the EUIPO Boards of Appeal is returning for the fifth time to Alicante and online on 29 and 30 April 2024. Coinciding with the 30th anniversary of the EUIPO, the conference is one of the major events organized by the EUIPO Boards of Appeal and focuses on leveraging case-law as its cornerstone, while also delving into the recent legislative reform
JD Supra Law
FEBRUARY 7, 2024
Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed the progress made on the EO directives, including among others, using the Defense Production Act to require AI companies to make specific reports on their AI systems to the government and proposing a rule that would require cloud companies to report foreign use of their.
IP and Legal Filings
FEBRUARY 7, 2024
Introduction The Supreme Court recently dealt with the issue of the interpretation of Regulation 10, Regulation 44 read with Regulation 45 of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 1997 (hereinafter referred to as the “Takeover Regulations 1997”); and the power and jurisdiction of the Appellate Tribunal under Section 15T of the SEBI Act (“Act”) in the case of the Securities and Exchange Board of India v.
JD Supra Law
FEBRUARY 7, 2024
Axonics petitioned for IPR of two patents owned by Medtronic. The challenged claims relate to a neurostimulation lead and a method for implanting and anchoring the lead. The patents’ “Field of the Invention” section states that “invention relates generally to a method and apparatus that allows for stimulation of body tissue, particularly sacral nerves.”.
IP Law 360
FEBRUARY 7, 2024
A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system.
JD Supra Law
FEBRUARY 7, 2024
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for importation into the U.S. It’s a global phenomenon, a very grey area, and their presence varies across different parts of the globe.
IP Watchdog
FEBRUARY 7, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision vacating and remanding a Patent Trial and Appeal Board (PTAB) decision that a patent for a climate control system was not proven unpatentable by Google LLC and Ecobee, Inc. In so doing, the court clarified how to determine when a court or the PTAB has implicitly construed a claim.
JD Supra Law
FEBRUARY 7, 2024
On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science community over Intellectual Property (IP) ForeFront, a media platform focusing on original interpretations of policy intellectual property, case.
Velocity of Content
FEBRUARY 7, 2024
This article originally appeared in The Scholarly Kitchen and is republished with permission. In the quaint days of 2019, when the EU issued its Digital Single Market Copyright Directive (DSM) , much attention was focused on issues such as a news publishers’ right and the obligations of platforms to take down infringing materials. It seemed that outside of STM publishing, not many people engaged in discussions around the scope of the text and data mining (TDM) exceptions contained in Articles 3
JD Supra Law
FEBRUARY 7, 2024
LKQ filed an inter partes review challenging GM’s auto fender design patent. LKQ was once a licensed repair part vendor for GM. But, after renewal negotiations fell through in early 2022, GM informed LKQ that the parts LKQ was selling were no longer licensed and therefore infringed GM’s design patent. In response, LKQ sought to invalidate the patent in an IPR.
IP Law 360
FEBRUARY 7, 2024
The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.
JD Supra Law
FEBRUARY 7, 2024
Claim terms are usually given their ordinary meaning in light of the intrinsic evidence, but what if the ordinary meaning of two claim terms presents an obvious contradiction? That is the issue that the Federal Circuit will address when it hears oral argument in Maxell v. Amperex Tech., No. 23-1194 on February 9, 2024.
LexBlog IP
FEBRUARY 7, 2024
For many years, courts often applied the quintessential likelihood-of-confusion test for trademark infringement claims more narrowly when analyzing allegedly infringing products that were also works of artistic expression. For such products, courts generally applied a threshold First Amendment test, as established by the Second Circuit in Rogers v. Grimaldi.
JD Supra Law
FEBRUARY 7, 2024
This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. .
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