Wed.Nov 29, 2023

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Professor Wins Default Judgement Against Essay Mill

Plagiarism Today

The Copyright Claims Board awarded a business professor $1,200 in damages from an essay mill that infringed him. But can he collect? The post Professor Wins Default Judgement Against Essay Mill appeared first on Plagiarism Today.

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Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

JD Supra Law

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors so long as the term is included in a written contract. Even where an employee uses generative artificial intelligence (“GenAI”) to either generate an entire set of code or review their code for errors, the employer typically maintains ownership of the code.

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3 Count: High Nerds

Plagiarism Today

Delta-8 THC gets boost in trademark/copyright case, popular sports highlight channel shuttered and Google ads appear on pirate sites. The post 3 Count: High Nerds appeared first on Plagiarism Today.

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Site Blocking Fallout Keeps GitHub Unusable for Some Indians

TorrentFreak

Like many other countries around the world, India’s copyright law allows rightsholders to limit access to pirate sites. Major entertainment industry companies regularly obtain injunctions that require local Internet providers to block websites to prevent piracy. In essence, these measures are straightforward as specific domains are identified for blocking.

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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 Cases Visual Artists Should Know: Part 2, Authorship

Copyright Alliance

In the previous blog post in this series (Part 1), we presented and discussed several visual arts copyright cases addressing the issue of copyrightability. In this blog, we look at […] The post Copyright Cases Visual Artists Should Know: Part 2, Authorship appeared first on Copyright Alliance.

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Infographic | Influencers: what you need to know about IP

Olartemoure Blog

In the world of content creation, your originality is your superpower. In the digital world, and working with visuals and sometimes with external brands, you navigate a potential minefield of IP risks. It’s very important for you to protect yourself and your creative gems! WHY IS INTELLECTUAL PROPERTY CRUCIAL FOR INFLUENCERS? Provides Stronger Defense: Registration helps defend your creations better in case of disputes.

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Battle of Storytellers

Biswajit Sarkar Copyright Blog

The Humans of Bombay (HoB) and the People of India (PoI) are both storytelling platforms that share stories of people and places. These accounts are sometimes textual and are sometimes in the form of audio and visual formats, like YouTube videos or reels on Facebook and Instagram. The ‘Humans of’ platforms that have arisen subsequent to the ‘Humans of New York’ (HoNY) platform, which was introduced by Brandon Stanton in 2010, include the HoB.

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Understanding Discovery Obligations In Era Of Generative AI

IP Law 360

Attorneys and businesses must adapt to the unique discovery challenges presented by generative AI, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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Regeneron Sues Samsung Bioepis for Proposed Biosimilar of EYLEA in West Virginia District Court

JD Supra Law

​​​​​​​Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint on November 22 against Samsung Bioepis Co., Ltd. (“Bioepis”) in the U.S. District Court for the Northern District of West Virginia, alleging infringement of 37 patents under the BPCIA based on Bioepis’s submission of an aBLA for SB15, a proposed biosimilar of EYLEA (aflibercept) and Bioepis’s provision of Notice of Commercial Marketing with respect to the same.

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Supreme Court on Patent Law: November 2023

Patently-O

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Here’s a brief overview of each case, followed by more details: MacNeil v.

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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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Generative AI and Copyright ?Infringement: Federal Judge in Stability AI Distinguishes ??Between AI Model Creators and Users – For Now

JD Supra Law

A California federal judge recently issued one of the first substantive generative AI decisions to date. In Anderson, et al., v. Stability AI Ltd. et al., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023) (“Stability AI”), Plaintiffs, a trio of visual artists, asserted claims for direct and vicarious copyright infringement under the Copyright Act. The three AI companies moved to dismiss the complaint for failure to ‎state a viable claim.

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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

The IPKat

The IPKat has received and is famished delighted to host the following guest contribution by Katfriends Robbert Sjoerdsma and Annelotte Boot (both Holla Legal & Tax) regarding a dispute concerning the … Crompouce®. Wondering what a crompouce is? Then read on! Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid by Robbert Sjoerdsma and Annelotte Boot The whole Dutch IP community is in turmoil about the “Crompouce”, a croissant-tompouce hybrid.

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FCA dismisses appeal, patent not listable against STELARA SNDS

JD Supra Law

As previously reported, the Federal Court (FC) dismissed Janssen’s application for judicial review of the decision of the Office of Submissions and Intellectual Property (OSIP) refusing to list Canadian Patent No. 3,113,837 on the Patent Register with respect to two supplementary new drug submissions (SNDSs) for Janssen’s STELARA (ustekinumab).

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TOUR DE FFRANCE vs. TOUR DE FRANCE A LA RAME : Reputation of TOUR DE FRANCE limited to cycling competitions

The IPKat

This Kat was made aware that last summer, during the 2023 Tour de France, the Paris Court of Appeal handed down a ruling concerning this very cycling competition. What a coincidence, this Kat thought! More specifically, the Court of Appeal considered the question whether the “TOUR DE FRANCE” trade mark had been infringed by the registration of a later trade mark.

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New UKIPO Address for Service Marks

JD Supra Law

We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark portfolio.

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People Don’t Come to See the Tattoo, They Come to See the Show

IP Tech Blog

In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Pa. Sep. 18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was

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Alleged Theft of Drug Pricing Trade Secrets Could Cost Both Victim and Thief

JD Supra Law

Life Sciences is an area ripe for trade secrets misappropriation litigation. In recent news, Merz Pharmaceuticals, LLC filed a lawsuit under the North Carolina Uniform Trade Secrets Act alleging that its former director of federal accounts, Andrew Thomas, stole trade secrets relating to Merz’s flagship botulinum toxin drug Xeomin®. Those secrets purportedly included drug pricing strategies, marketing plans, market share data, and potential customer lists, all of which were intended to grow.

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Blogadelic

Likelihood of Confusion

Blawg Review #15 will blow your mind. Man. Originally posted 2011-10-04 18:43:02. Republished by Blog Post Promoter The post Blogadelic appeared first on LIKELIHOOD OF CONFUSION™.

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Martin Scorsese’s ‘Raging Bull’ and Flo Rida’s Common Link? Attention of the U.S. Supreme Court on the Relevant Damages Period for Copyright Infringement

JD Supra Law

In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement.

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Patent Litigation Firm is Seeking an Experienced Patent Litigator

IP Watchdog

A Texas-based patent enforcement firm seeks an experienced patent litigator. While we are seeking a full-time candidate, we will consider alternative situations, reduced hours, etc., for qualified candidates. While the firm is based in Dallas, Texas, most of the work can be performed remotely. We are not a "volume" firm but instead selectively accept a small number of patent enforcement cases with the intent of taking the cases deep through resolution, including trial and appeal.

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AIDA: my appearance before the INDU Committee

Barry Sookman

I appeared before then INDU Committee on Bill C-27 yesterday. My opening remarks are set out below. Thank you for the opportunity to appear. I am Senior Counsel with McCarthy Tetrault with a practice focused on technology, intellectual property, and privacy. I am the author of several books in the field including an 8 volume treatise on Computer, Internet and e-commerce law.

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20th Century, CAA Defeat Writer's Suit Over 'Ad Astra' Script

IP Law 360

A California federal judge has rejected a screenwriter's allegations that Twentieth Century Fox, Disney and Creative Artists Agency ripped off a script he pitched to them in the process of developing the 2019 Brad Pitt film "Ad Astra," ruling that the "undisputed facts" warrant siding with the companies.

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Contingent Terminal Disclaimers?

LexBlog IP

Latent OTDP Issues & Litigation The Federal Circuit’s decision in In re Cellect clarified that patenting obvious variants of the same invention across multiple patents—Obvious-Type Double Patenting (OTDP)—can result in the elimination/reduction of Patent Term Adjustment (PTA). OTDP was fatal to the challenged Cellect patents given the expiration of the reference patent.

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Fed. Circ. Told To Defer To ITC In Apple Watch IP Row

IP Law 360

A small Silicon Valley medical device startup's efforts to use the U.S. International Trade Commission to litigate allegations that Apple Inc. pilfered health tracking software for its smartwatches have drawn supportive amicus briefs from a handful of trade groups, a billionaire venture capitalist and a Japanese manufacturer of health monitors.

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Unlocking The Power Of Intellectual Property Of Mid-Size Companies

LexBlog IP

Podcast with Bryan K. Wheelock and Joseph E. Walsh You can’t “trademark your copyright,” but you can protect your brands and innovations with intellectual property rights. St. Louis based Principals Bryan Wheelock and Joe Walsh recently spoke with Doug Farren at the National Center for the Middle Market, and host of The Market That Moves America podcast, to share insights into patents, trademarks, copyrights, and trade secrets for middle market companies.

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Traxcell Asks High Court To Review Atty Fee Fight

IP Law 360

Traxcell Technologies LLC has asked the U.S. Supreme Court to take up an appeal concerning attorney fees owed to Sprint and Verizon after the telecommunication companies beat its infringement suit, arguing that the alleged "exceptional" litigation conduct occurred before a final ruling.

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“The Plaintiffs Are Wrong”: OpenAI Submits New Authority in Attempt to Knock Out Sarah Silverman’s Claims

LexBlog IP

In the latest skirmish between Sarah Silverman and other authors against Chat GPT-maker OpenAI, OpenAI submitted a new decision from a California federal court in support of its attempt to dismiss the Silverman plaintiffs’ claims. According to OpenAI, that other court rejected theories and claims that are nearly identical to Silverman’s claims against OpenAI.

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Medical Gas Supplier Lincare And Ex-CEO Settle Data Dispute

IP Law 360

A federal judge in Connecticut on Wednesday approved a stipulated permanent injunction between medical gas supplier Lincare Inc. and former CEO Crispin Teufel that bans Teufel from using data downloaded from Lincare in any new role after he signed a since-scuttled deal to become CEO of a competitor.

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People Don’t Come to See the Tattoo, They Come to See the Show

LexBlog IP

In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D. Pa. Sep. 18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked.

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Judges' Financial Disclosures Missing In Big Business Courts

IP Law 360

By mid-November, federal judges’ 2022 financial disclosure forms should have been available on a public database, but only half the reports were up. Many courts that draw commercial litigation, from New Jersey to the Ninth Circuit, still had many judges missing, and a new type of report, meant to provide real-time snapshots of judges’ major windfalls, can take more than a year to be posted, flouting federal law.

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Minister provides proposed amendments to AIDA

Barry Sookman

The ISED Minister has now released the amendments it proposes to AIDA together with an explanatory letter. They van be accessed here and here (English) and here and here (French). Thee will need careful study.… The post Minister provides proposed amendments to AIDA appeared first on Barry Sookman.

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A Comparison Of Patent Dispute Resolution In US And China

IP Law 360

As the U.S. and China are the two most significant arenas for patent disputes, multinational corporations must be able to navigate their patent dispute systems, which differ in speed, cost and potential damage awards, say attorneys at Covington.

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CAFC Sends Back TTAB's "GET ORDAINED" Decision: Board Ignored Its Own Policy Regarding Waiver of Unargued Claims

The TTABlog

Well, this is a strange one. The CAFC reversed the Board's decision sustaining an opposition to registration of GET ORDAINED for retail store services and ecclesiastical services, remanding the case for further consideration. The Board found the phrase so commonly used that consumers will not perceive it as a source indicator pointing uniquely to the applicant.

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Game Controller Maker Says Competitor Ripped Off Designs

IP Law 360

A Chinese game controller designer asked a Michigan federal judge Tuesday to force a competitor to take its colorful controllers off the market, saying the rival's allegedly infringing models have cut his sales almost in half.

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Jepson Formats and Means Limitations Under More Fire

Patently-O

by Dennis Crouch I have been following the pending Federal Circuit case of In re Xencor. It is a quirky case involving both a Means-Plus-Function Claim and a Jepson claim. In its decision, the PTAB went off the rails with its means-plus-function analysis. In particular, the Board held that the MPF claim was invalid for lack of written description because the specification did not describe equivalents to the disclosed structure.

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