Plagiarism Today
MAY 13, 2024
Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.
Michael Geist
MAY 13, 2024
This is a post I never thought I would need to write in 2024. I have been a law professor at the University of Ottawa for nearly 26 years and the principle that all students, regardless of race, gender, religion, or sexual orientation have the right to be safe and feel safe on campus and in classrooms has been inviolable and accepted as central to our academic mission.
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Plagiarism Today
MAY 13, 2024
Supreme Court rules for bigger damages in music cases, OpenAI is accused of copyright hypocrisy, and Warner removes LOTR fan film. The post 3 Count: Artificial Hypocrisy appeared first on Plagiarism Today.
IP Watchdog
MAY 13, 2024
While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.
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?
JD Supra Law
MAY 13, 2024
“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.
Kluwer Copyright Blog
MAY 13, 2024
In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
MAY 13, 2024
Famous trade marks are often not only the target of product pirates but also of applicants who try to push the boundaries and find the ‘blind spot’ of trade mark law where their sign is sufficiently similar to evoke a famous trade mark but not similar enough to fall in its scope of protection. In rare cases, this strategy is successful. In this sense, one could recall that the General Court confirmed that this sign does not infringe the Volkswagen logo even though it looks rather similar when tu
JD Supra Law
MAY 13, 2024
Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.
IP Law 360
MAY 13, 2024
A shower building material maker that suffered a $5.5 million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue.
IP and Legal Filings
MAY 13, 2024
Introduction With the massive amount of technological advancements in recent years, the power of artificial intelligence (AI) and creativity has resulted in significant advances in advanced generative AI technology. The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity.
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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.
Technology & Marketing Law Blog
MAY 13, 2024
By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite. But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of Calif
TorrentFreak
MAY 13, 2024
The DMCA takedown process gives copyright holders the option to remove infringing content from the web. It’s a powerful, widely-used tool that takes millions of URLs and links offline every day. This often happens for a good reason, but some takedown efforts are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.
43(B)log
MAY 13, 2024
The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.
JD Supra Law
MAY 13, 2024
All bets are off in a Boston-based dispute between DraftKings Inc. and one of its former vice presidents. On April 30, 2024, the District of Massachusetts granted DraftKings a twelve-month preliminary injunction preventing its former Senior Vice President of Growth, Customer, Michael Hermalyn, from violating his restrictive covenants with DraftKings or misappropriating its confidential information.
Patently-O
MAY 13, 2024
by Dennis Crouch The Federal Circuit’s recent decision in Chestek v. Vidal opened the door to extensive USPTO rulemaking that entirely avoids the notice and comment process required by the Administrative Procedure Act (APA). In re Chestek PLLC , 92 F.4th 1105 (Fed. Cir. 2024). Chestek has now filed her petition for writ of certiorari to the U.S.
JD Supra Law
MAY 13, 2024
In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against a number of defendants, with the complaint identifying the defendants as “The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A hereto.
IP Law 360
MAY 13, 2024
Second Circuit judges shut down an appeal from a Miami rapper who says the 2018 hit Childish Gambino song "This Is America" bit off the flow from his 2016 record "Made In America," agreeing with a New York federal judge that the less successful rapper never protected the composition of his older song with a copyright.
JD Supra Law
MAY 13, 2024
Plaintiff Fujikura Composite America, Inc. (“Fujikura”) is one of the most prominent golf club shaft designers and manufacturers. Per Fujikura, in the 2022-2023 PGA Tour season, half of all PGA tournaments were won by a player using a Fujikura shaft.
IP Law 360
MAY 13, 2024
A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.
JD Supra Law
MAY 13, 2024
In a stunning Federal Register Notice published May 10, 2024, the U.S. Patent and Trademark Office (USPTO) proposes to impose a new requirement on terminal disclaimers filed to overcome obviousness-type double patenting (OTDP) rejections. The USPTO would require the application/patent owner to agree that the subject patent will not be enforceable if any claim in the cited patent has been finally held unpatentable or invalid as anticipated or obvious by a Federal court in a civil action or by the
IP Law 360
MAY 13, 2024
The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.
JD Supra Law
MAY 13, 2024
Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act (BPCIA), 51 biosimilars have been approved, 38 of which have launched. Notably, since our last update, Sandoz (D-Colorado) received FDA approval for the first denosumab biosimilars.
IP Law 360
MAY 13, 2024
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
JD Supra Law
MAY 13, 2024
On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor could discharge future royalty obligations arising from a prepetition contract involving an outright sale with no licensing agreement.
IP Watchdog
MAY 13, 2024
The U.S. International Trade Commission (the “Commission”) is typically made up of six individual commissioners, but after Commissioner Randolph Stayin’s unexpected return to private practice last year, there are now just four. As a result, upcoming changes to the make-up of the Commission may cause a shift in the Commission’s positions on various legal issues.
JD Supra Law
MAY 13, 2024
Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings.
43(B)log
MAY 13, 2024
City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law.
JD Supra Law
MAY 13, 2024
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.
SpicyIP
MAY 13, 2024
Here is our recap of last week’s top IP developments including summary of the post on DHC’S observation in Sun Pharma v. Dabur India. Anything we are missing out on? Drop a comment below to let us know. Highlight of the Week Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements The DHC’s observation about the Applicant’s responsibility to serve the Counter Statements instead of the TM Registry is perhaps one of t
JD Supra Law
MAY 13, 2024
As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024 attempts to address this unease by introducing new transparency requirements for AI developers.
The IPKat
MAY 13, 2024
T 0629/22 considered how the credibility/plausibility of a claimed invention should be addressed in the face of contradictory evidence for the technical effect relied on for inventive step. The evidence requirement for inventive step was recently considered by the Enlarged Board of Appeal (EBA) in G 2/21. Neither G 2/21 nor the subsequent decision by the referring Board of Appeal directly considered the question of contradictory evidence from opposing parties.
JD Supra Law
MAY 13, 2024
On May 10, 2024, the U.S. Patent and Trademark Office announced a proposed rule change to terminal disclaimer practice.Unfortunately, the proposed change appears to further weaken issued patents in which terminal disclaimers have been filed and make obtaining robust patent protection more difficult and uncertain in the future.
IP Law 360
MAY 13, 2024
The Tenth Circuit on Monday agreed to revisit an appeal from Netflix Inc. regarding a copyright complaint about its docuseries "Tiger King," after filmmakers and others told the appeals court it had misapplied U.S. Supreme Court precedent.
JD Supra Law
MAY 13, 2024
Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past.
IP Law 360
MAY 13, 2024
A Sixth Circuit Court of Appeals panel has sided with a private security company accused of partnering with a similar business and stealing trade secrets so it could flourish while the other one wilted, saying the plaintiff failed to support its allegations.
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