Thu.Apr 04, 2024

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What I Would Do if I Were a Student Today

Plagiarism Today

It's been twenty years since I was last in a classroom as a student. Here's what I would do differently if I were a student today. The post What I Would Do if I Were a Student Today appeared first on Plagiarism Today.

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[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers. Here’s what Desmond writes: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers by Desmond O Oriakhogba.fair compensation n

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3 Count: Carlin’s Settlement

Plagiarism Today

Geroge Carlin estate settles with podcasters, photog claims Napster violated his copyright and Alfonso Ribeiro denied copyright registration. The post 3 Count: Carlin’s Settlement appeared first on Plagiarism Today.

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'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions

IP Law 360

Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.

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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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Plex Asks GitHub to Take Down ‘Reshare’ Repository Over Piracy Fears

TorrentFreak

Plex is a multifunctional media software and service that allows users to easily access all of their entertainment in one place. The company was founded in 2009 and today boasts more than 25 million users globally, making Plex a serious player in the streaming market. Plex Pirates Most people use the service to access streaming content legitimately.

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Provisional refusal in Colombia

Olartemoure Blog

In the dynamic world of intellectual property and trademarks, we understand how challenging it can be to face a provisional refusal, especially in a country that is not your own. If you have received a provisional denial in your trademark application via the Madrid Protocol and need local representation in Colombia to respond effectively, we are here to guide you.

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Breaking Ground: Analysing MCA’s Draft Digital Competition Law Unleashed

IP and Legal Filings

Introduction The Ministry of Corporate Affairs ,on 12th March 2024 ,released a draft bill on digital competition law, submitted by the committee on competition law.This committee had been formed on the recommendation of 53 reports of parliamentary standing committees.The main aim behind bringing in this legislation is to tackle anti competitive practices used by Big Tech firms.For instance , recently ,google delisted (and then eventually reinstated) a number of Indian apps that had long before v

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Are Your NDAs Up to Date?

JD Supra Law

Nondisclosure agreements (NDAs) can be used to protect companies’ confidential and trade secret information. But you should resist the urge to have a vendor, contractor, or employee sign a dusty old stock NDA and assume your company is protected under all circumstances. Originally published in American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine - April 2024.

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Report: Recent IP Summit Explores the Relationship Between AI Benefits, IP Rights

IP Watchdog

The remarkable story that inventor Alan Nelson shared last week at the 7th Annual Intellectual Property Awareness Summit held by CIPU at Northwestern University was revealing in many ways. Dr. Nelson related how he overcame numerous obstacles to commercialize a landmark technology for detecting cervical cancer in the 1990s. Using artificial intelligence (AI) while at the University of Washington, Dr.

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Russians Pirate Premier League, Add Their Own Graphics & Commentators

TorrentFreak

The global popularity of the English Premier League signals huge potential for growth, at least when local complications can be overcome. The Premier League has a reputation for tackling challenges head on but, after breaking into the Russia market and signing a TV rights deal worth £43 million, a full-blown invasion of Ukraine was unlikely to have been part of the plan.

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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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CAFC Affirms District Court Dismissal of Pro Se Inventor’s Procedural and Patent Claims

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a number of district court orders against inventor Urvashi Bhagat, whose patent application was rejected by the U.S. Patent and Trademark Office (USPTO). Bhagat’s U.S. patent application No. 13/877,847 covers orally-delivered nutritional formulations containing omega-6 fatty acids and antioxidants.

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Being Known Is Not Enough

JD Supra Law

VIRTEK VISION INTERNATIONAL ULC, v. ASSEMBLY GUIDANCE SYSTEMS, INC., DBA ALIGNED VISION - Before Moore, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board (“Board”).

Patent 58
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CAFC Precedential Decision on Rule 12(b)(6) Affirms Patent Ineligibility of Medical Scan Visualization Claims

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision decision authored by Judge Reyna today affirming a district court’s grant of a Rule 12(b)(6) motion alleging that AI Visualize’s patent claims were ineligible under Section 101. AI Visualize owns U.S. Patent Nos. 8,701,167 (’167 patent), 9,106,609 (’609 patent), 9,438,667 (’667 patent), and 10,930,397 (’397 patent), which all relate to visualization of medical scans.

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Timing Is Key For Noninfringing Alternatives In Patent Cases

IP Law 360

A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

Patent 59
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Michael Best is Seeking an IP Associate or Patent Agent (Organic Chemistry)

IP Watchdog

Michael Best & Friedrich LLP is seeking a Junior to Midlevel Associate or Patent Agent to join the Life Sciences subgroup of the Intellectual Property practice group. The Agent or Associate must have 2+ years of patent prosecution experience at a firm or in-house, and the ability to draft patent applications is a must. The ideal candidate will have a Ph.D. in Chemistry, Organic Chemistry, Molecular Biology, or a B.S. in Chemical Engineering.

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Why Choose English Law in Cross-Border Financial Transactions? - Cogency Global

Cogency Global

What this is : An overview of the unique advantages of choosing English law in cross-border business transactions. What this means : Great Britain may have long lost its formal empire, but the Island’s worldwide influence is still significant in many aspects, including frequently being chosen as the governing law in international transactions.

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9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor

IP Law 360

The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.

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An Interview with CCC President & CEO Tracey Armstrong

Velocity of Content

This interview originally appeared in The Scholarly Kitchen. Please tell us a bit about yourself — your role at CCC, how you got there, and why you embarked on a career in research infrastructure? I have been President and Chief Executive Officer of CCC since 2007 and have spent my career working to develop market-based licensing solutions. On my career journey I followed engaging and challenging work where I had the opportunity to learn and to work with strong colleagues.

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Coach Accuses Gap Of IP Theft Over Old Navy 'Coach' Tees

IP Law 360

Luxury fashion company Coach Inc. sued The Gap Inc. for alleged trademark infringement in California federal court Tuesday, accusing the global apparel giant of illegally advertising and hawking a line of Old Navy T-shirts that display the word "Coach" in an effort to free ride off Coach's brand and reputation.

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FTC's Campaign Against Improper Orange Book Listings Continues with Amicus Brief in Teva’s Challenge of Amneal Asthma Inhaler ANDA

JD Supra Law

The Federal Trade Commission (“FTC”) has filed an amicus brief in Teva Branded Pharmaceuticals Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC to further the agency’s efforts to promote and protect generic drug and biosimilar competition. In the case, Teva asserts that Amneal’s Abbreviated New Drug Application (“ANDA”) for an asthma inhaler infringes upon five patents it has listed in the FDA’s Orange Book–a challenge that under FDA regulations triggers a 30-month stay of FDA’s

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Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late

IP Law 360

Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.

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UK Court of Appeal finds Tesco infringes Lidl’s trade mark but not copyright

JD Supra Law

The Court of Appeal has upheld findings that Tesco infringed Lidl’s trade mark for its LIDL logo, by using a similar logo in its Clubcard Prices promotion. The Court of Appeal also dismissed Tesco’s appeal against a finding of passing off. However, the Court of Appeal found the trial judge had erred in finding that Tesco had infringed Lidl’s copyright in the logo.

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Huawei Slated For 2026 Sanctions, IP Theft Trial

IP Law 360

A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.

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Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. (Fed. Cir. 2024)

JD Supra Law

A fractured affirmance of a district court decision to dismiss an infringement action under 35 U.S.C. § 271(e)(1) was the occasion for the Federal Circuit to illustrate the continued debate over the scope of the safe harbor enacted as part of the Hatch-Waxman Act in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt.

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Kiss Sells Their Souls To PE Fund, Throws In Music Too

IP Law 360

Less than a year after playing their final show, members of '70s rock band Kiss said on Thursday that they're selling off their intellectual property to a private equity outfit owned by the guitarist of ABBA who is already promising investors that "plans for a biopic, an avatar show, and a Kiss-themed experience are already in the works.

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Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to Patenting Strategy in China

JD Supra Law

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were issued and came into force on January 20, 2024. The amended Rules and Guidelines may impact your patenting strategy in China, including topics such as the Chinese versions of Patent Term Adjustment (PTA) and Patent Term Extension (PTE).

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Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims

IP Law 360

A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.

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USPTO Stands Behind Significant New Fees for 2025

JD Supra Law

The USPTO has taken another step towards implementing fee adjustments in January 2025, by publishing a Notice of Proposed Rulemaking (RPRM) on April 3, 2024. The NPRM stands by most of the significant fee adjustments it proposed in April 2023, with a few changes made in response to input from the Patent Public Advisory Committee (PPAC). Stakeholders will want to plan ahead for across-the-board fee increases of about 5% and more significant targeted fee adjustments (and new fees) that could.

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Athletes Say NCAA's Own Actions Prove NIL Rules No Good

IP Law 360

Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.

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Patent Case Summaries | Week Ending March 29, 2024

JD Supra Law

Virtek Vision International ULC v. Assembly Guidance Systems, Inc. d/b/a Aligned Vision, Nos. 2022-1998, -2022 (Fed. Cir. (PTAB) Mar. 27, 2024). Opinion by Moore, joined by Hughes and Stark. Virtek owns a patent directed to an improved method for aligning a laser projector with respect to a work surface. Aligned Vision filed an IPR petition against all claims, asserting four grounds of unpatentability.

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NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight

IP Law 360

The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.

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Should Disclaimers Always Be Made in U.S. Trademark Applications?

JD Supra Law

Suppose you have a pending U.S. trademark application for your trademark on goods or services for your business and a term or wording in the trademark is descriptive of your goods or services. During the examination of your trademark application, the examining attorney refuses registration because the term is merely descriptive of your goods or services and requires a disclaimer.

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Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism

IP Law 360

The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.

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Mandamus Denied but Jurisdictional Door Left Open a Crack

JD Supra Law

The US Court of Appeals for the Federal Circuit denied a patent owner’s writ of mandamus seeking to prevent a defendant from amending its answer to add an affirmative licensing defense, but also noted that the defense was added only after the district court found that there were no remaining claims. In re VLSI Technology LLC, Case No. 24-116 (Fed. Cir.

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Coder's Late Expert Report Sank IP Suit, 6th Circ. Rules

IP Law 360

A panel of the Sixth Circuit has refused to revive an industrial control system designer's claims that a former business partner infringed his and his business's copyrighted software, backing a Michigan federal court's decision to exclude a critical expert witness.