Hugh Stephens Blog

NOVEMBER 6, 2023

Image: Shutterstock All my life I have tried to behave well around librarians lest I be given a steely stare and be chided by the person on duty. I have tiptoed, suppressed coughs, and whispered in hushed tones. And generally, I have succeeded in avoiding reprimand. Until now. Lorisia McLeod, Chair of the Canadian Federation … Continue reading "Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

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Plagiarism Today

NOVEMBER 6, 2023

Halloween may be over, but a recent article has drawn attention to the problem of zombie plagiarism in academia. Here's what it is. The post The Challenge of Zombie Plagiarism appeared first on Plagiarism Today.

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Plagiarism 236

Erik K Pelton

NOVEMBER 6, 2023

The Trademark Manual of Examining Procedure (TMEP) for new trademark applications contains a useful checklist which seems simple, but contains many layers and nuances, as Erik shares in this video. The post Trademark Application Checklist appeared first on Erik M Pelton & Associates, PLLC. The Trademark Manual of Examining Procedure (TMEP) for new trademark applications contains a useful checklist which seems simple, but contains many layers and nuances, as Erik shares in this video.

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Trademark 130

Plagiarism Today

NOVEMBER 6, 2023

Bohemian Rhapsody screenwriter settles with the studio, India moves to remove pirated movies, and PropllerAds hits back at the MPA. The post 3 Count: Hollywood Accounting appeared first on Plagiarism Today.

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Plagiarism Marketing Marketing Copyright 221

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?

Technology

TorrentFreak

NOVEMBER 6, 2023

DMCA subpoena applications filed at courts in the United States provide a relatively inexpensive mechanism for compelling intermediaries to hand over the personal details of allegedly-infringing users. Since Cloudflare offers reverse proxy services to websites as part of its free tier, most subpoena applications filed in the United States target the company.

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Social Media Artwork Reporting Advertising 121

JD Supra Law

NOVEMBER 6, 2023

In this episode of “Lawyers With Game,” hosts Darius Gambino and Brian Landry from Saul Ewing’s Video Gaming & Esports Practice talk to Bob Tetiva, Founder and CEO of Sense Arena, a virtual reality training platform for elite hockey and tennis players. Bob explains how the training tool uses VR technology to enhance an athlete’s reaction time, decision-making and multitasking skills.

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Business Technology 110

Technology & Marketing Law Blog

NOVEMBER 6, 2023

Hanagami is a celebrity choreographer. He has over 4.5M YouTube followers and nearly 1B video views. He posted a video entitled “ CHARLIE PUTH – How Long | Kyle Hanagami Choreography ” that contained 480 “counts” of choreography, composed of 96 counts repeated by 5 sets of dancers. The video got 36M views. Fortnite offers for purchase an emote called “ It’s Complicated ” that consists of 16 counts of choreography, of which Hanagami claims 4 counts are copied from hi

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Copyright Blogging Music Copying 105

IP Law 360

NOVEMBER 6, 2023

A Texas federal judge on Monday granted a motion from Lewis Brisbois to force a lawyer to answer certain deposition questions in connection with a lawsuit accusing him of taking part in a conspiracy to infringe the BigLaw firm's trademark, rejecting his argument that conversations he had with his clients were shielded by the attorney-client privilege.

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Trademark 98

Michael Geist

NOVEMBER 6, 2023

Generative AI raises a host of interesting legal issues, but perhaps none will be more contentious than the intersection between copyright and services such as ChatGPT. The copyright questions apply both the creation of large language models used to train these systems as well as the copyright associated with outputs. These questions have sparked high profile class action lawsuits and government consultations on potential reform.

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Copyright Intellectual Property Law Law Intellectual Property 93

The Illusion of More

NOVEMBER 6, 2023

A lot of world-shaking events have occurred since 2018, when the CASE Act was introduced for the purpose of creating a small-claim copyright alternative, now known as the Copyright Claims Board (CCB). After a pandemic, an attempted coup d’ etat, and other jaw-dropping moments, it’s easy to forget all the ululating noise produced by the […] The post Where Are All the Trolls at the CCB?

Copyright 90

Copyright 90

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.

Patent

The IPKat

NOVEMBER 6, 2023

Economic rights have been harmonised throughout the EU to a significant extent. Moral rights, however, have not (yet). This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

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Moral Rights Licensing Personality Rights Contracts 85

JD Supra Law

NOVEMBER 6, 2023

On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI technology and implement processes and procedures regarding the adoption and use of AI. The AI EO also imposes obligations on the private sector and builds out a coordinated government infrastructure on AI policy.

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IP Law 360

NOVEMBER 6, 2023

If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.

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Licensing Fair Use Copyright 75

JD Supra Law

NOVEMBER 6, 2023

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal Circuit applies in such cases, rarely issues precedential transfer opinions—not even one a year over the last fifteen years. Few, if any, bear on the kinds of evidence and arguments commonly offered as part of transfer disputes in modern patent litigation.

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Litigation IP Patent Law 75

IP Law 360

NOVEMBER 6, 2023

The Federal Circuit on Monday threw out a West Virginia district judge's interpretation of a key term in a patent suit against pharmaceutical giant Viatris over a blood pressure treatment, saying the lower court has to take a look at further evidence.

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Patent 75

JD Supra Law

NOVEMBER 6, 2023

As Benjamin Franklin famously remarked, “nothing is certain except death and taxes.” Recently, the U.S. Court of Appeals for the Third Circuit provided more certainty about the latter by holding that legal expenses incurred by generic drug manufacturers in defending patent infringement suits brought under the Hatch-Waxman Act are deductible from the manufacturers’ federal taxes as ordinary and necessary business expenses.

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Litigation Patent Infringement Business Patent 75

IP Law 360

NOVEMBER 6, 2023

A Canadian e-commerce software company's effort to import a Delaware federal judge's controversial litigation funding disclosure rules into the Western District of Texas has definitively flopped.

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Litigation 75

Patently-O

NOVEMBER 6, 2023

by Dennis Crouch Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc., No. 2022-1889 (Fed. Cir. Nov. 6, 2023) [ decision ] The Federal Circuit’s bread-and-butter over the years has been claim constructions that often surprise or confuse district court judges. Part of the issue here is that most Federal Circuit judges have construed thousands of patents and are deeply immersed in the law of claim construction — while most district court judges see claim construction as a small p

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Patent Application Patent Prosecution Patent Inventor 69

IP Law 360

NOVEMBER 6, 2023

Current and former Boeing workers took the stand Monday on the first day of a bench trial in an age discrimination suit brought by a longtime manager in the company's intellectual property licensing department, describing an atmosphere so toxic that the office had a "crying chair" for upset workers.

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Intellectual Property IP Licensing 75

Kluwer Copyright Blog

NOVEMBER 6, 2023

Photo by Possessed Photography on Unsplash Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between works which are computer -aided and computer-assisted.

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Copyright Law Copyright Public Domain Artistic Work 69

IP Law 360

NOVEMBER 6, 2023

Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.

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JD Supra Law

NOVEMBER 6, 2023

Think about some of your favorite brands, and how each is recognized. Everyone knows what a WHOPPER is and who sells it. A very particular shade of blue has been associated with TIFFANY because of the boxes the jewelry is packaged in.

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Trademark Branding Branding Brands 68

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The construction of a functional limitation in the claim was central to the case, highlighting the benefits and pitfalls of functional claim language.

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Invention Patent Law Patent Law 67

JD Supra Law

NOVEMBER 6, 2023

The Court of Appeals for the Federal Circuit recently addressed the issue of “analogous prior art,” a patent law doctrine fundamental to the legal determination of whether a patent is invalid as obvious over the prior art. The decision illustrates the importance of carefully considering whether asserted prior art is analogous to the challenged patent, as the use of non-analogous art can result in dismissal of any obviousness argument based on that art.

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Art Patent Law Business Patent 65

IP Watchdog

NOVEMBER 6, 2023

This week in Washington IP news, the Senate Subcommittee on Intellectual Property hears from stakeholders on proposed reforms to the Patent Trial and Appeal Board (PTAB). Elsewhere, the Center for Strategic & International Studies (CSIS) dives into a new report looking at Taiwanese IP strategies, and the Brookings Institution evaluates recent developments in U.S.

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IP Intellectual Property Reporting Patent 64

JD Supra Law

NOVEMBER 6, 2023

Great Concepts, LLC v. Chutter, Inc., No. 22-1212 (Fed. Cir. Oct. 18, 2023) - Challenging years of perceived overreach, the Court of Appeals for the Federal Circuit (CAFC) recently questioned whether the Trademark Office had been operating beyond its sanctioned powers for years.

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Registration Trademark IP 65

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Peavey's de minimis domestic sales of amplifiers under the CS mark between 2016 and 2021 were "insufficient to constitute bona fide use of that mark in the ordinary course of trade," and there was no evi

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Registration Branding Brands Branding 61

JD Supra Law

NOVEMBER 6, 2023

On September 27, 2023, Judge Richard Andrews, following a three-day bench trial, determined that several patents asserted by Allergan against Sun Pharmaceuticals and MSN Laboratories were invalid for lack of written description under 35 U.S.C. § 112. Allergan USA, Inc. v. MSN Lab’ys Priv. Ltd., No. CV 19-1727-RGA, 2023 WL 6295496, *11, *19, *21 (D. Del.

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Patent 65

43(B)log

NOVEMBER 6, 2023

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 7109914, No. 20-24681-Civ-Scola (S.D. Fla. Oct. 27, 2023) Intro: In this trial, the Court has learned that tens of thousands of timeshare owners have been victimized twice: first by the timeshare industry, which used false and misleading tactics to induce the owners to purchase their timeshares —often financed with high-interest mortgages; and second by the timeshare exit industry, which charged the owners thousands of dollar

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Marketing Marketing False Advertising Advertising 59

JD Supra Law

NOVEMBER 6, 2023

USPTO News - On October 23, 2023, the USPTO Office of the Chief Economist released a report detailing patenting activity related to COVID-19 diagnostic technology.

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Reporting Technology Patent 65

SpicyIP

NOVEMBER 6, 2023

On February 1, 2023 the Zero Draft of the WHO’s proposed Pandemic Prevention, Preparedness and Response Accord was published by the Intergovernmental Negotiating Body. Bringing us up to date with the key aspects of the accord and the current stage of negotiations, we are pleased to bring to you a guest post by SpicyIP intern Arnav Laroria. Arnav is a second-year law student at West Bengal National University of Juridical Sciences, Kolkata.

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IP Intellectual Property Publishing Technology 59

JD Supra Law

NOVEMBER 6, 2023

The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu, Inc., v. Aviel D. Rubin, IPR2023-00693, September 8, 2023. The deadline for requesting IPR is one year after the Petitioner or real party in interest is served with the complaint alleging infringement of the patent, and the Petition must include “copies of any of the documents.

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Copying Business Patent 62

LexBlog IP

NOVEMBER 6, 2023

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA) under a search warrant issued by a New York court. The NYDA announced that the seizure was linked to a criminal investigation targeting a smuggling ring that trafficked antiquities looted from Turkey through Manhattan.

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Ownership Art Due Diligence Law 52

JD Supra Law

NOVEMBER 6, 2023

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal Circuit applies in such cases, rarely issues precedential transfer opinions—not even one a year over the last fifteen years.

Litigation 59

Litigation IP Law Patent 59

IP Law 360

NOVEMBER 6, 2023

Husch Blackwell LLP strengthened its intellectual property team with the addition of an attorney boasting decades of experience in patent and trade secret litigation after luring him from Greenberg Traurig LLP, the firm announced Monday.

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Intellectual Property IP Litigation Patent 52