Plagiarism Today
JULY 25, 2024
Authors are constantly being targeted by fake publisher scams. Here we break down one such site and explain what to look for. The post Authors Beware of This Scam Macmillian Website appeared first on Plagiarism Today.
Copyright Alliance
JULY 25, 2024
The development and launch of new generative artificial intelligence (AI) technologies over the last two years has been revolutionary. But these advancements have been accompanied by significant concerns from copyright […] The post Mid-Year Review: AI Lawsuit Developments in 2024 appeared first on Copyright Alliance.
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Plagiarism Today
JULY 25, 2024
Jetflix defendants seek to have convictions tossed, Indian direct pulls his own film and Mungo Jerry frontman seeks to battle piracy. The post 3 Count: Mungo Jerry appeared first on Plagiarism Today.
JD Supra Law
JULY 25, 2024
Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of images are created daily using generative AI, and, as time continues, it is becoming more and more difficult to distinguish between AI-generated art and human-created works.
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?
TorrentFreak
JULY 25, 2024
In terms of general internet security, there are few things worse than reports of yet another potentially massive leak of personal information. Whether due to incompetence or deception, the bottom line is often the same; exploitation of data at the expense of those to whom it relates, and a further undermining of online safety to the detriment of all.
Cogency Global
JULY 25, 2024
What this is : The Corporate Transparency Act mandates that non-exempt reporting companies submit Beneficial Ownership Information (BOI) reports to FinCEN. Deadlines differ based on whether the company existed before January 1, 2024, or was formed/registered on or after that date. What this means : Up until now, the legal community has been puzzled about a dissolved reporting company's duty to file a BOI report, especially if it dissolves or initiates dissolution before the deadline.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JULY 25, 2024
7-Eleven Inc. and a Chicago-based law practice called Seven Eleven Law Group have settled the trademark complaint the convenience store chain filed in November, alleging the firm was infringing its mark and causing consumer confusion.
IP Watchdog
JULY 25, 2024
Although Professors Sean Tu and Aaron Kesselheim have advocated for legislation to respond to the Federal Circuit’s 2021 opinion in GSK v. Teva, that case did not—as they assert—“threaten[] to nullify every skinny label carveout.” Rather, the Federal Circuit applied the unremarkable principle that generic drug manufacturers are obligated to ensure that their labeling and other representations do not induce infringement of an innovator’s method-of-use patents.
IP Law 360
JULY 25, 2024
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
The Trichordist
JULY 25, 2024
Songwriters Guild of America, the Society of Composers & Lyricists, and Music Creators North America filed a thoughtful and detailed comment that merits an equally thoughtful read.
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.
JD Supra Law
JULY 25, 2024
With remarkable speed, AI has evolved from an intriguing concept into a practical business tool that is drawing large investments and more regulatory oversight. The launch of generative AI (GenAI) tools in late 2022 helped fuel what had been a steady adoption of AI.
The TTABlog
JULY 25, 2024
Opposer British American Tobacco ("BAT") ran roughshod over Applicant Ruff Ryders' application to register the mark RYDE OUT for dietary and nutritional supplements and for energy drinks. The Board found confusion likely with BAT's mark RYDE for the same goods. Neither party claimed use of its mark, but BAT established priority based on the constructive first use date of its pending application, which claimed convention priority from a Jamaican application filed in September 2019.
JD Supra Law
JULY 25, 2024
Welcome to our third issue of The Health Record - our healthcare law insights e-newsletter! We are winding down the summer with our talented group of law students and they have continued to research and write, shadow our attorneys, and learn about the practice of law in a firm setting. As young professionals still deeply involved in higher education, our Summer Associates are contributing to our summer publications and sharing their perspectives as both students and future legal.
43(B)log
JULY 25, 2024
Portkey Tech. PTE Ltd v. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Jul. 19, 2024) Another case that starkly shows the effects of trademark’s abandonment of any harm requirement, not to its benefit, where false advertising claims fail because alleged misstatements about the extent of the defendant’s past involvement with a company don’t do it any identifiable harm, but trademark claims succeed because something something affiliation.
JD Supra Law
JULY 25, 2024
Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents. Although those investigations ended with the Commission issuing no remedial orders (including two closely watched investigations that ultimately found no Section 337 violation), Section 337 investigations involving design patents continue to fare better at obtaining remedial orders than Section 337 investigations involving just utility patents or other unfair acts,
43(B)log
JULY 25, 2024
Overjet, Inc. v. VideaHealth, Inc., 2024 WL 3480212, No. 24-cv-10446-ADB (D. Mass. Jul. 19, 2024) The court denied Overjet’s request for a preliminary injunction on copyright and false advertising claims, concluding that Overjet’s selection of colors and shapes for annotating dental x-rays was unlikely to be protected by copyright and that the literally false statements identified by Overjet had been removed, thus preventing a finding of irreparable harm.
JD Supra Law
JULY 25, 2024
On July 19, 2024, the FDA approved the second biosimilar of Alexion / AstraZeneca’s Soliris® (eculizumab), Samsung Bioepis’s Epysqli® (eculizumab-aagh), approximately one year after Samsung Bioepis announced the FDA acceptance of its aBLA. Epysqli® was approved as an interchangeable.
Patently-O
JULY 25, 2024
by Dennis Crouch Koss Corporation v. Bose Corporation , 22-2090 (Fed. Cir. July 19, 2024) In its final written decisions, the PTAB found a number of Koss patent claims invalid and Koss appealed to the Federal Circuit. In the end, though the appellate panel found the appeals moot because all the claims had been invalidated in parallel district court litigation.
JD Supra Law
JULY 25, 2024
A court in the Western District of Oklahoma dismissed a complaint as to one of the asserted patents where the patent included a terminal disclaimer stating that the patent would be enforceable only as long as it was co-owned with a reference patent that the PTO had misidentified. The court relied on the public notice function of the patent system to hold the plaintiff to the.
IP Watchdog
JULY 25, 2024
This week there was a slightly below average 22 new patent filings—all inter partes reviews (IPRs)—at the Patent Trials and Appeal Board (PTAB). Meanwhile, district courts saw an above-average 88 new patent filings. At the PTAB, Roku filed six IPRs challenging as many Anonymous Media Research Holdings LLC [associated with Anonymous Media Research, LLC] patents.
JD Supra Law
JULY 25, 2024
Miller Mendel, Inc. v. City of Anna, Texas, Nos. 2022-1753, -1999 (Fed. Cir. (E.D. Tex.) July 18, 2024). Opinion by Cunningham, joined by Moore and Stoll. Miller Mendel sued City of Anna, Texas for infringement of a patent relating to a software system for managing pre-employment background investigations. City moved for judgment on the pleadings, arguing that asserted claims 1, 5, and 15 are ineligible for patenting under 35 U.S.C. § 101.
SpicyIP
JULY 25, 2024
Right on the heels of Tejaswini’s post on the Indian Patent Office’s E-Cigarettes patent rejection order, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan assessing the viability of the argument that the rejection order’s rationale violated India’s international commitments. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP.
JD Supra Law
JULY 25, 2024
Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. See 35 U.S.C. § 154(b)(1). Conversely, the USPTO can reduce a patent term adjustment to account for delays caused by the patent applicant. See 35 U.S.C. § 154(b)(2)(C). In particular, the length of a patent term adjustment can be reduced if the applicant fails to provide an application in “condition for examination” within eight months from the.
IP Law 360
JULY 25, 2024
A D.C. panel declined to revive Ipsen's challenge to regulators' refusal to classify its acromegaly drug as a biologic, which would have blocked generic versions of it, finding Thursday the drug's active ingredient doesn't meet the Food, Drug and Cosmetic Act's definition of a protein to be considered a biologic.
JD Supra Law
JULY 25, 2024
The characterisation of fixed and floating charges remains a complex area, not least with respect to new intangible asset types. The key distinction between a fixed and a floating charge is well established as a matter of English law.
IP Law 360
JULY 25, 2024
A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.
JD Supra Law
JULY 25, 2024
The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Two of the most pressing questions are whether disclosing information to AI can be considered a public disclosure and thus prior art, and whether AI-generated information constitutes prior art.
IP Law 360
JULY 25, 2024
Pfizer and BioNTech have fired back at GlaxoSmithKline's patent suit against them over the COVID-19 vaccine, saying GSK's patents are unenforceable because the company delayed in filing its applications and then crafted them to cover the blockbuster vaccine after it became available.
JD Supra Law
JULY 25, 2024
Recently, the U.S. Court of Appeals for the Federal Circuit provided a cautionary tale for trade secret owners who seek preliminary relief against a competitor who hires its former employees but do not clearly articulate the trade secrets the owner seeks to protect.
IP Law 360
JULY 25, 2024
Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith.
43(B)log
JULY 25, 2024
Winans v. Ornua Foods North America Inc., F.Supp.3d -, 2024 WL 1741079, No. 2:23-cv-01198-FB-RML (E.D.N.Y. Apr. 23, 2024) Plaintiffs alleged that the presence of per- and polyfluoralkyl substances (“PFAS”) in Kerrygold butter made the use of “pure Irish butter” into false advertising under NY law. The court declined to dismiss the complaint. Additional background: “[I]n early 2023, in response to a New York state law banning PFAS in food packaging, Ornua issued a recall of the Kerrygold Butter P
IP Law 360
JULY 25, 2024
The U.S. Copyright Office has created a new group registration option for news websites that are updated frequently, allowing publications to register a group of updates as a collective work with portions of the work rather than all the website's content, according to the federal register.
Likelihood of Confusion
JULY 25, 2024
Originally posted 2011-06-30 18:35:59. Republished by Blog Post PromoterI am stepping in to be the token cultural conservative as a guest blogger at Overlawyered next week. That should be fun, right? You laugh. I’ll have you know they hardly deleted any of the posts from last time. The post “Oy”-verlawyered appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
JULY 25, 2024
Martin Shkreli pushed back on a crypto project's bid to force him to hand over copies of the one-of-a-kind Wu-Tang Clan album he once owned, saying his original purchase agreement of the album entitled him to make the copies and the album's current crypto owner hasn't shown how Shkreli's duplicates irreparably harm the value of the original.
TorrentFreak
JULY 25, 2024
Free music is easy to find nowadays. Just head over to YouTube and there are millions of tracks, including many of the most recent releases. The music industry earns billions of dollars through associated advertising but doesn’t like the fact that some people download the tracks for offline use. A blunt solution would be to remove all music from YouTube.
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