Plagiarism Today
NOVEMBER 29, 2023
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.
JD Supra Law
NOVEMBER 29, 2023
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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Plagiarism Today
NOVEMBER 29, 2023
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.
Copyright Alliance
NOVEMBER 29, 2023
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.
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?
Olartemoure Blog
NOVEMBER 29, 2023
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.
TorrentFreak
NOVEMBER 29, 2023
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Biswajit Sarkar Copyright Blog
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
JD Supra Law
NOVEMBER 29, 2023
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.
Patently-O
NOVEMBER 29, 2023
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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JD Supra Law
NOVEMBER 29, 2023
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.
The IPKat
NOVEMBER 29, 2023
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.
JD Supra Law
NOVEMBER 29, 2023
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).
The IPKat
NOVEMBER 29, 2023
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.
JD Supra Law
NOVEMBER 29, 2023
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.
IP Tech Blog
NOVEMBER 29, 2023
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
JD Supra Law
NOVEMBER 29, 2023
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.
Likelihood of Confusion
NOVEMBER 29, 2023
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™.
JD Supra Law
NOVEMBER 29, 2023
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.
IP Watchdog
NOVEMBER 29, 2023
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.
Barry Sookman
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
LexBlog IP
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
LexBlog IP
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
LexBlog IP
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
LexBlog IP
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
Barry Sookman
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
The TTABlog
NOVEMBER 29, 2023
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.
IP Law 360
NOVEMBER 29, 2023
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.
Patently-O
NOVEMBER 29, 2023
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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