Tue.Dec 12, 2023

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Understanding the Claudine Gay Plagiarism Scandal

Plagiarism Today

Harvard President Claudine Gay is under fire not just for her answers before Congress, but allegations of plagiarism. Here's what's going on. The post Understanding the Claudine Gay Plagiarism Scandal appeared first on Plagiarism Today.

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Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

IP Watchdog

On December 11, the Review Board of the U.S. Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. The decision to affirm the refusal marks the fourth time a registrant has been documented as being denied the ability to obtain a copyright registration over the output of an AI system following requests for reconsideration.

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Toyota Practical Problem Solving (PPS)—Targets and Root Causes

Christopher Roser

In the previous posts on this series of the Toyota Practical Problem Solving (PPS) I went into detail on how to understand the problem by clarifying the problem and breaking it down to get the prioritized problem. In this post I will look at target setting and root-cause analysis. Setting the target and doing the. Read more The post Toyota Practical Problem Solving (PPS)—Targets and Root Causes first appeared on AllAboutLean.com.

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USPTO Issues Supplemental Guidance on Design Patent Protection for Computer-Generated Electronic Images

JD Supra Law

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. The guidance was provided to the patent examination core to assist with determining whether a design patent claiming a computer-generated electronic image satisfies the article of manufacture requirement under 35 U.S.C. 171.

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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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BeStreamWise ‘Piracy=Malware’ Campaign Site Blocked For Malware

TorrentFreak

The launch of the BeStreamWise online anti-piracy campaign early October was preceded by action in the ‘real’ world. After being offered free lifetime subscriptions to a new streaming service from a pop-up stand in London’s Paddington Station, commuters were encouraged to sign up to ‘MalStreams’ using their real personal details.

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Infographic | Seed investing

Olartemoure Blog

Have you ever heard of the term “seed investing”? It’s like planting the seeds for the future giants of business. In the vast landscape of investment, early-stage start-ups are akin to fertile soil, and seed investors play the role of cultivators, sowing the seeds that have the potential to grow into thriving enterprises. If you’re all about catching diamonds in the rust before someone does, this is for you.

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Creator Spotlight with Oil Painter and Writer Julia Haw

Copyright Alliance

This week we’d like to introduce you to oil painter and writer Julia Haw. Follow her on Instagram and also be sure to check out some of her beautiful paintings […] The post Creator Spotlight with Oil Painter and Writer Julia Haw appeared first on Copyright Alliance.

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Generative AI: Remunerating the human author & the limits of a narrow TDM Exception

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash In his classic work, ‘Capitalism, Socialism and Democracy’, Josef Schumpeter referred to the ‘waves of creative destruction’ to describe how monopoly rents incentivise entrepreneurs to take risk and innovate. The monopoly rent that the entrepreneur derives from his innovation is short-lived, as another wave of creative destruction soon replaces this wave, and gives way to another wave of innovation.

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Book review: Reforming Intellectual Property

The IPKat

This is a book review of Reforming Intellectual Property , edited by Gustavo Ghidini, Professor Emeritus, University of Milan and Senior Professor of Intellectual Property and Competition Law, LUISS University and Valeria Falce, Jean Monnet Professor in European Innovation Policy, European University of Rome. This edited collection brings together 19 contributors (Irene Calboli, Vincenzo Di Cataldo, Peter Drahos, Rochelle C.

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Judicial Remedy of Administrative Decision on Disputes over Patent Infringement | Administrative Lawsuit on Infringement on “Beauty Roller” Patent

JD Supra Law

Judgment Gist - Customary design is a prior design that is well known by the general consumers and can be recalled by the general consumers upon merely mentioning of the product name. When mentioning beauty roller products, although the general consumers can immediately think of a product comprising a gripping portion and a roller, they obviously cannot immediately think of the design of the subject patent with a Y-shaped handle and spherical rollers.

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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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SAD Scheme Cases Are Always Troubling–Betty’s Best v. Schedule A Defendants ?

Technology & Marketing Law Blog

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. Thus, I feel a little weird blogging each SAD Scheme case, because it might imply that the covered case deserves more criticism than thousands of others like it.

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USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

JD Supra Law

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for certain semiconductor manufacturing innovations. This action is commensurate with the objectives of the government’s 2022 CHIPS and Science Act, including boosting research and development in the semiconductor area and revitalizing the domestic semiconductor manufacturing.

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Cisco Wins on Remand from CAFC in High-Profile Case with Centripetal

IP Watchdog

Centripetal Networks was dealt a blow by the U.S. District Court for the Eastern District of Virginia yesterday when the court ruled that it had failed to prove that Cisco infringed three of its patents. It’s a years-long case that the court referred to as having an “unusual history.” The district court first entered one of the highest damages awards ever issued in a patent case, following a 22-day bench trial.

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SRIP come calling for copyright infringement?

JD Supra Law

According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices in New York, Los Angeles, Boca Raton, Florida, and Nashville, Tennessee. However, the map they show on their website lists other states such as Colorado, Connecticut, Wisconsin, Texas and Georgia as other states where they have legal counsel.

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Controller Co. Nabs Restraining Order In Gaming IP Feud

IP Law 360

Video game controller designer Haowei Yang secured a temporary restraining order from a Michigan federal court Tuesday that blocks Chinese company Shenzhen Hongfangrui from advertising and selling allegedly infringing game controller joysticks.

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Managing ANDA Venue Issues As Del. And NJ Filings Rise

JD Supra Law

In 2023, pharmaceutical patent owners filed nearly 250 infringement complaints against generic drug manufacturers. More than 90% of those cases were filed in the Districts of Delaware or New Jersey. This year's filings reflect a consensus about venue in pharmaceutical patent infringement cases that has emerged since the U.S. Supreme Court reinterpreted the patent venue statute in 2017.

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Justices Skip Bid to Review Case Questioning CAFC Reversal Practices

IP Watchdog

The U.S. Supreme Court yesterday denied a petition for writ of certiorari asking the Court to reconsider the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) June ruling that the petitioner said signals an expanding practice of reversing agency decisions in lieu of remand. In the CAFC’s decision, the court reversed a Patent Trial and Appeal Board (PTAB) judgment that affirmed patent claims in part due to the commercial success of MacNeil IP’s WeatherTech vehicle floor tray.

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[Video] Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 171: Laura Gunter, President of the NC Life Sciences Organization

JD Supra Law

This week we welcome back our previous guest, Laura Gunter, President of the NC Life Sciences Organization, formally known as NCbio. We discuss the 2023 highlights of the life sciences industry in North Carolina, the dynamic between established companies and startups in the market, the Inflation Reduction Act and its impact on the life sciences industry, and more!

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Delhi High Court grants injunction against ‘dialmytrip’ in MakeMyTrip India Private Limited v. Dialmytrip Tech Private Limited

SpicyIP

Image from here The High Court of Delhi, by its interim ex-parte order dated 21 November 2023 , granted the prayer of ‘makemytrip’ and issued interim injunction against the mark ‘dialmytrip’. I shall provide an overview of the order and offer comments in this post. Facts The petitioner, MakeMyTrip (India) Pvt. Ltd, filed an injunction suit against the defendant, Dialmytrip Tech Pvt.

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K&C Sports & Entertainment Law Weekly Roundup - December 2023 #2

JD Supra Law

Florida’s Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act.

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Lenovo IP head: licensors ‘bypass’ FRAND analysis to gain advantage

Managing IP

Lenovo’s vice president for IP and the company’s external counsel at Kirkland & Ellis discuss where SEP negotiations have gone wrong and why some licensor conduct is unfair

IP 59
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Latest Federal Court Cases - December 2023 #2

JD Supra Law

VLSI Technology LLC v. Intel Corporation, Appeal No. 2022-1906 (Fed. Cir. December 4, 2023) In this week’s Case of the Week, the Federal Circuit vacated an approximately $2.2 billion damages award against appellant Intel Corporation for infringement of two microprocessor patents owned by appellee VLSI Corp. The Court reversed the jury’s verdict of infringement as to one patent and affirmed as to the other, but vacated the entire damages award due to a significant technical error in VLSI’s.

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Must See Testimony by @MMercuriadis at @KevinBrennanMP Hearing on Streaming Economy

The Trichordist

Very important testimony by Merck Mercuriadis at the UK House of Commons Culture Media and Sport Committee revisiting the Committee’s inquiry into the economics of streaming.

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The Year in Intellectual Property – 2023 Popular Reads on JD Supra

JD Supra Law

A recap of some of the most widely read IP-related updates, insights, and commentary published on JD Supra throughout 2023.

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Disney In-House Atty 'Stunned' By Claims Lobbed In IP Trial

IP Law 360

A Disney in-house attorney testified Tuesday in a $400 million trial over claims Disney ripped off Rearden's special-effects software for the "Beauty and the Beast" remake that he was "absolutely stunned" when Rearden's counsel accused him during openings of "doing nothing" to stop alleged infringement, saying Rearden never even deposed him.

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How to Start a Design Patent Application

Patent Trademark Blog

Design Patent Application: Where to Start Are you thinking about filing a design patent, but not sure where to begin? You found the right post. We’ll walk through the information and materials required to start the design patent application process. Need to file a design patent? Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can help file your design patent.

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MGA Must Face 3rd Doll IP Trial Against Rapper TI Next Year

IP Law 360

A California federal judge has rejected MGA Entertainment's bid to immediately appeal his order vacating the toy giant's win in rapper T.I.'s $100 million intellectual property fight and sending the case to a third trial, set for September 2024.

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Patent Office Issued 270 Patents to Indiana Entities in October 2023

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 270 patents to persons and businesses in Indiana in October 2023: US 11515057 B2 High optical transparent two-dimensional electronic conducting system and process for generating same US 11515742 B2 Methods, systems, and apparatus for reducing cogging torque in an electric machine US 11512362 B2 Method for producing an ultra high strength galvannealed steel sheet and obtained galvannealed steel sheet US 11514541 B2 Systems and methods for managing a tr

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Longhorn Points Finger At Ex-Counsel After PTAB Sanctions

IP Law 360

Healthcare company Longhorn Vaccines has told the U.S. Patent and Trademark Office director that the Patent Trial and Appeal Board wrongly wiped out five of the company's patents for mistakes that were made by its former outside counsel rather than by Longhorn itself.

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Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

LexBlog IP

The recent rapid advancements of Artificial Intelligence (“AI”) have revolutionized creation and learning patterns. Generative AI (“GenAI”) systems have unveiled unprecedented capabilities, pushing the boundaries of what we thought possible. Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectual property (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to al

IP 52
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Judge Says Code Used By Astronics Not A Copyright Violation

IP Law 360

A California federal judge has given Astronics Test Systems a win in a suit where it was accused of infringing copyrighted code from defense contractor Teradyne Inc., saying Astronics was able to show fair use.

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TTABlog Test: Are These Two Bird Design Marks Confusingly Similar for Clothing?

The TTABlog

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. Since there were no limitations in the application or pleaded registrations as to channels of trade and classes of consumers, the Board presumed that the goods travel in the same, normal channels to the same consume

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Fed. Circ. Backs Apple IP Win In 'Red Squiggly' Line Fight

IP Law 360

Federal Circuit judges have agreed to uphold a ruling Apple secured at an administrative patent board, which wiped out language in a patent covering automated database programming that's involved in a lawsuit the tech giant's facing over the "red squiggly" line used in its automatic spellcheck feature on iPhones and MacBooks.

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Federal Circuit Decision Causes Confusion on Trademark Cancellation

Patently-O

by Dennis Crouch I previously wrote about the trademark case of Great Concepts v. Chutter that involves two restaurants both using the same phonetic name: DANTANNA’S and DAN TANA’S. In the underlying trademark cancellation proceeding, the TTAB found that one party had committed fraud within its declaration of incontestability; and that fraud justified cancellation of the registration.

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Ex-BigLaw Atty Says TikTok Defamation Was Not Journalism

IP Law 360

A former Greenberg Traurig LLP patent litigator ripped a social media influencer's attempt to dismiss a defamation case based on abuse allegations this week, telling a Florida federal court that the influencer acted "egregiously" and that the arguments in his motion are incorrect regarding the facts and the law.