Tue.Mar 19, 2024

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The Fight to Save the Photo Stealers Website

Plagiarism Today

Photo Stealers, a 12-year project to out photo thieves, is being sued for $100 million and was briefly closed by an angry photographer. The post The Fight to Save the Photo Stealers Website appeared first on Plagiarism Today.

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Fed. Circ. Backs PTAB Invalidation Of Sisvel Wireless Patent

IP Law 360

The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision that found many claims in a Sisvel patent on improving the efficiency of LTE wireless networks for cellphones were invalid as obvious.

Patent 105
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3 Count: Right to Repair

Plagiarism Today

FTC and DOJ push for right to repair exemptions, AI voice cloning site targeted in the UK and YouTuber liable for fake DMCA notices. The post 3 Count: Right to Repair appeared first on Plagiarism Today.

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BREAKING: Google Fined €250M By France For Media Copyright Breaches

IP Law 360

France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or paying them.

Copyright 105
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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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Buffalo’s Mass-Murder Leads to a Wrong Section 230 Decision–Jones v. Mean

Technology & Marketing Law Blog

You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.” (And yet, many people in the public eye keep referencing and evangelizing the theory despite its direct and repeated role in killing people). The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content.

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Variable Takt at Fendt in Marktoberdorf—Part 1

Christopher Roser

In this post I will look at how the tractor maker Fendt handles variability in its plant in Marktoberdorf, Germany. In my view, Fendt is one of the benchmark plants in the world in handling variability. In my previous post I looked at reasons why you may (or may not) leave one part empty on. Read more The post Variable Takt at Fendt in Marktoberdorf—Part 1 first appeared on AllAboutLean.com.

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Spartan Arbitration Tactics Against Well-Funded Opponents

IP Law 360

Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

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16-Year-Old Pirate Site Prosecution Resurrected Despite Four Acquittals

TorrentFreak

In 2007, Netflix shifted from distributing optical media via the mail to streaming content online. Apple released the first iPhone in the same year, but neither were quite ready to start squeezing the modern equivalent of the silver screen onto a 320×480 LCD panel. From a standing start alongside these innovative products in 2007, within a year SeriesYonkis would establish itself as one of Spain’s most-visited sites.

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2 Men Behind Chinese Co. Stole Tesla Trade Secrets, Feds Say

IP Law 360

Brooklyn federal prosecutors have charged a Canadian man residing in China and his Chinese business partner with scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Tuesday.

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New York Times: Microsoft’s AI Tools Are Nothing Like The VCR

TorrentFreak

“The VCR is to the American film producer and the American public as the Boston Strangler is to the woman home alone.” The quote above comes from the late Jack Valenti , who was the Motion Picture Association’s boss in 1982, when he warned the House of Representatives of the looming video recorder threat. With the benefit of hindsight, the VCR wasn’t all that scary for Hollywood.

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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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Future Of Judge-Shopping Reform Hazy After Rule Proposal

IP Law 360

The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to cut back on "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

Design 98
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[Video] Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements

JD Supra Law

Listen to Episode 8 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Melissa Landau Steinman talks to host Shahin Rothermel about social media, influencers, and endorsements. Check out the episode.

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Amazon Prevails In University's Patent Suit Over Alexa

IP Law 360

A New York federal judge has cleared Amazon in a case where a research university said its language processing patent was being infringed by the company's Alexa devices.

Patent 98
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A DCMA Exemption for ‘Right to Repair’?

JD Supra Law

The Federal Trade Commission and the DOJ support a Digital Millennium Copyright Act exemption for vehicle operational data to promote the “right to repair.” An exemption currently exists for computer programs that control motorized land vehicles, marine vessels, and mechanized agricultural vehicles for purposes of diagnosis, repair, or lawful modification of the vehicle or vessel function.

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Law Professors Say Judicial Conference’s Guidance on Case Assignment Practices is ‘Toothless’

IP Watchdog

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court. While the Conference’s guidance clarifies that the amendments are intended to impact patent lawsuits, where claims of judge-shopping have been rife, commentary from legal scholars highlights several issues with implementing these policy changes in the patent infringement context.

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From Patents to Policy: The Potential Ripple Effects of Revising the Chevron Doctrine

JD Supra Law

The Chevron doctrine, stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has profoundly shaped the way U.S. regulatory agencies interpret and enforce federal statutes. By allowing agencies to exercise their expertise within their regulatory domain, provided their interpretations are reasonable, Chevron deference strikes a balance between legal oversight and regulatory efficiency.

Patent 68
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Creator Member Catchup with Composer/Guitarist Patrick Hayes

Copyright Alliance

This week, we caught up once again with composer/guitarist Patrick Hayes. We first interviewed Patrick back in 2021, and since then, his career has continued to advance and grow. You can follow him on Instagram @guitarboymusic1. […] The post Creator Member Catchup with Composer/Guitarist Patrick Hayes appeared first on Copyright Alliance.

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The New York Times Calls Out OpenAI on Its Motion to Dismiss

JD Supra Law

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's brief "grandstanding about issues on which it hasn't moved.

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Copyright Office Prevails In British Sculptor's Challenge

IP Law 360

The U.S. Copyright Office was within its rights to refuse registration to an artist after finding that his sculpture "lacks the necessary level of creativity to warrant copyright protection," a D.C. federal judge ruled Monday, finding that the Copyright Office didn't err in its analysis of the sculpture.

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North Carolina Governor Rescinds Executive Order on NIL

JD Supra Law

Over the last three years, following the implementation of an interim policy from the NCAA in July 2021, college student-athletes have been able to pursue name, image, and likeness (NIL) deals. In addition to the NCAA rules, many states — especially in the Southeast — created additional rules and requirements governing NIL activity. North Carolina was one of them.

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Netflix Can't Get PTAB To Ax Patent Amid Ownership Dispute

IP Law 360

A board of administrative patent judges has decided to shut down its review of a data communications network patent that a Finnish businessman claimed to own, after a federal court in California ruled earlier this year that he had transferred the patent nearly two decades ago to a startup that eventually went bankrupt.

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Is Further Erosion of Intellectual Property on the Horizon? A Proposed Expansion of the Exemption Rule under the Digital Millennium Copyright Act Suggests There Is

JD Supra Law

A proposed rule at the Copyright Office seeks to expand the exemptions available under Section 1201 of the Digital Millennium Copyright Act (DMCA) to give those conducting research into the operation of AI systems an unprecedented level of access to copyrighted materials.

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Acorda Says Tribunal Ignored Patent Law In MS Drug Feud

IP Law 360

Acorda Pharmaceuticals pressed the Federal Circuit to award it nearly $66 million more than the $16.5 million it won in arbitration against Irish biopharmaceutical company Alkermes in a licensing fight over a multiple sclerosis drug, arguing that the tribunal disregarded clear patent law.

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Going Global on Polymorphs

JD Supra Law

We were so pleased to have the opportunity to address InformaMarkets’ 13th Annual Pharma IPR Conference in Mumbai on legal challenges to polymorph patents. Patents covering one or more crystalline forms of a drug substance at times have presented steep obstacles to generic drug manufacturers’ efforts to enter the market. As we sought to make clear through our presentation, however, polymorph patents are of varying strength and susceptible to both noninfringement and invalidity challenges.

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Schumer Scolds McConnell For Judge-Shopping Policy Rebuff

IP Law 360

Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes.

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Federal Circuit Reverses Preliminary Injunction on Franchisor’s Patent and Trade Dress Infringement Claim

JD Supra Law

The Federal Circuit Court of Appeals reversed a preliminary injunction granted as to franchisor Urban Air’s patent and trade dress infringement claims against Kangaroo, LLC. UATP IP, LLC v. Kangaroo, LLC, 2024 WL 658205 (Fed. Cir. Feb. 16, 2024).

Patent 63
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Cannabis Case Lights Up Benefits Of Creative IP Protection

IP Law 360

A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.

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“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material

Garrigues Blog

A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally. A plant variety must meet four requirements for the breeder to obtain exclusive protection: novelty, distinctness, uniformity and stability.

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Warhol Foundation Will Pay $22K To End 'Orange Prince' Row

IP Law 360

The Andy Warhol Foundation for the Visual Arts has agreed to pay photographer Lynn Goldsmith about $21,500 to settle a dispute that reached the U.S. Supreme Court last year, with the justices holding in a landmark ruling that Warhol's silkscreens of music icon Prince, based on a Goldsmith photo, were not fair use.

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Delhi HC in Zed Lifestyle Pvt Ltd. V. Hardik Mukeshbhai Pansheriya and Ors – a case of TM infringement and Intermediary Liability

SpicyIP

Overview of the Case The plaintiff filed an infringement suit against the defendants from using any mark which is identical or deceptively similar to the plaintiff’s word and device mark “BEARDO”. The Court granted ex parte ad interim injunction dated 4 May 2021. The Court directed Amazon (the defendant No. 3) to remove the products of Defendants 1 and 2 from the “BEARDO STORE” webpage.

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4 Things To Watch In Reddit's Coming IPO

IP Law 360

Social media platform Reddit Inc. aims to go public this week in a potentially landmark initial public offering that carries distinct risks but, if successful, could energize the broader IPO pipeline. Here, Law360 walks through four things to watch in Reddit's upcoming IPO.

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Discrepancies in the description should be amended in line with the claims, but do not affect interpretation of the claims (T 0447/22)

The IPKat

T 0447/22 is another addition to the debate over how much the description of a patent should be used to interpret the claims. The case considers two issues that may soon be referred to the Enlarged Board of Appeal (EBA): claim interpretation and adaptation of description. The Board of Appeal in this case found that inconsistencies between the description and the claims can be ignored in claim interpretation, whilst simultaneously defending the need for adaptation of the description to the claims

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Egyptian Case Kurasov v. Wali: Where inspiration meets imitation in the art world

Kluwer Copyright Blog

The Kurasov image is available here: Kurasov Tackling the blurred lines between counterfeiting and ingenuity in the art world is certainly not an easy endeavor. Indeed, in a world where “ nothing is lost, nothing is created, everything is transformed “, it is a rather daunting exercise for any court to draw the line between inspiration and imitation in copyrighted works, let alone in copyrighted art works.

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Reddit Reveals Patent Complaint From Nokia As IPO Nears

IP Law 360

Reddit Inc. on Tuesday said it received a letter from Nokia Corp. alleging that it has infringed certain Nokia patents, a disclosure that comes just ahead of the social media platform's long-anticipated initial public offering.

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Social networking your way to summary judgment

Likelihood of Confusion

That’s summary judgment, or worse, against you or your client. Last February we reported on a decision in which a federal magistrate judge ruled, unsurprisingly, that there is no “social networking privilege.” Now Walter Olson reports and links on further developments and thoughts as follows: Nowhere to hide: When your litigation opponent subpoenas your Facebook, […] The post Social networking your way to summary judgment appeared first on LIKELIHOOD OF CONFUSION™.