Plagiarism Today
JANUARY 17, 2024
Beijing court rules AI work protected by copyright, BREIN targets virtual worlds and OpenAI CEO claims they don't want publisher content. The post 3 Count: AI Divide appeared first on Plagiarism Today.
The IPKat
JANUARY 17, 2024
The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G. Călinescu , C-649/23. Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshin
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Plagiarism Today
JANUARY 17, 2024
A watchdog group has filed a formal complaint with an accreditation agency over Harvard's handling of the Claudine Gay scandal. The post Complaint Filed Against Harvard Over Claudine Gay Investigation appeared first on Plagiarism Today.
IP Watchdog
JANUARY 17, 2024
On January 16, the U.S. Copyright Office published a final rule in the Federal Register amending agency regulations on small infringement claims filed at the Copyright Claims Board (CCB). Responding to comments from both the legal and copyright industries, the Copyright Office’s final rule addresses disputes to the form of CCB proceeding chosen by claimants, as well as the discretion of CCB officers in penalizing evidentiary violations.
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
JANUARY 17, 2024
Campbell v. Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Liv
Patently-O
JANUARY 17, 2024
by Dennis Crouch Apple v. Masimo (Fed. Cir. 2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2. The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Law 360
JANUARY 17, 2024
The Federal Circuit ruled Wednesday that Apple can't import Apple Watches that include a blood oxygen monitor found to infringe two Masimo patents, rejecting the tech giant's request to suspend the ban while it appeals.
TorrentFreak
JANUARY 17, 2024
Dubbed “Nollywood,” Nigeria has a flourishing film industry which generates billions of dollars in revenues while creating new stars in the process. In tandem, a flourishing piracy market serves parts of the population that either can’t or won’t pay for films. Local authorities and anti-piracy organizations are trying to get a grip on the problem, but that’s not easy.
IP Law 360
JANUARY 17, 2024
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
JD Supra Law
JANUARY 17, 2024
Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?
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.
IP Law 360
JANUARY 17, 2024
A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.
Kluwer Copyright Blog
JANUARY 17, 2024
Photo by Steve Johnson on Unsplash The ongoing Artificial Intelligence (AI) revolution has machine learning models at its core. Contrary to classic computer programs written by developers, many of these models rely on vast artificial neural networks trained in giant amounts of data. In general, they use what is called a transformer architecture. No one individually writes or encodes these models; they are generated through an automated process of training.
IP Law 360
JANUARY 17, 2024
A Delaware federal judge said Wednesday he would refer one attorney to the state bar's disciplinary counsel and give an Illinois lawyer 30 days to head off a similar referral, the latest turn of a wide-ranging court probe of third-party patent litigation control and funding in the state.
JD Supra Law
JANUARY 17, 2024
As technology continues to evolve, the use of generative artificial intelligence (AI) in business operations is reshaping the way we approach standard tech transactions. The traditional pillars of contract negotiation – including confidentiality, data ownership, and indemnification and liability – take on new dimensions and complexities in the context of generative AI.
The Illusion of More
JANUARY 17, 2024
The acronym stands for No Artificial Intelligence Fake Replicas and Unauthorized Duplication. Introduced as a discussion draft by Rep. Maria Salazar et al., the No AI FRAUD Act would create a novel form of intellectual property in direct response to the use of AI to “clone” a likeness. With parallels to right of publicity (ROP) […] The post Thoughts on the No AI FRAUD Act appeared first on The Illusion of More.
JD Supra Law
JANUARY 17, 2024
Generative artificial intelligence (“GenAI”) challenges EU copyright law, from the AI training to the protectability and liability risks of its output. The EU’s forthcoming AI Act takes first steps towards AI-specific regulation with its provider obligations on training data transparency and copyright policy.
Biswajit Sarkar Copyright Blog
JANUARY 17, 2024
A recent legal tussle between German medical equipment giant VBM Medizintechnik GMBH and Indian entity VBM India Co (VBMIC) owned by Geetan Luthra, was filed in Delhi High Court has grabbed attention. The plaintiff German company was founded in Germany in 1981by Mr Volker Bertram. It was engaged in manufacturing and marketing of medical equipment under VBM trademark of Class 10 while the VBM India Company dealt with equipment manufactured by the plaintiff as distributors as well as those produce
JD Supra Law
JANUARY 17, 2024
Examiner interviews are a powerful but underutilized tool in patent prosecution. Last year, a whopping 75% of patent applications concluded without a single interview in their file history. This data is remarkable since many consider interviewing cases to be a useful strategy for efficiently prosecuting patent applications.
IP Law 360
JANUARY 17, 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
JD Supra Law
JANUARY 17, 2024
Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd. (collectively, “Alexion”) filed a complaint on January 3, 2024, against Samsung Bioepis Co. Ltd. (“Samsung”) in the U.S. District Court for the District of Delaware, alleging infringement of 6 patents under the BPCIA based on Samsung’s submission of an aBLA for SB12, a proposed biosimilar to SOLIRIS (eculizumab).
SpicyIP
JANUARY 17, 2024
Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. However, a recent case raises alarming questions regarding how these checks are carried out.
JD Supra Law
JANUARY 17, 2024
The Central District of California denied a defendant’s motion for leave to amend to allege inequitable conduct due to the defendant’s delay in deposing a key inventor until the end of fact discovery. The district court held that the defendant neither exercised diligence nor established good cause based on the inventor’s deposition to warrant amending its answer.
43(B)log
JANUARY 17, 2024
Campfield v. Safelite Gp., Inc., F.4th -, 2024 WL 164976, Nos. 22-3204/3225 (6th Cir. Jan. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement (VGRR). Safelite provides windshield repair and replacement services, while Ultra Bond supplies proprietary bonding resin to repair windshield cracks.
JD Supra Law
JANUARY 17, 2024
New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI entities (“OpenAI”) for what the NYT argues is the “unlawful use of the Times’s work to create artificial intelligence products that compete with [The Times and] threatens The Times’s ability to provide [its] service.
IP Watchdog
JANUARY 17, 2024
The U.S. Supreme Court heard oral arguments today in two cases that are challenging the so-called Chevron deference doctrine, which says courts should defer to administrative agencies’ interpretation of the statutes delegated to them when there is an ambiguity. While the conservative justices’ questioning largely leaned in favor of scrapping the doctrine, Justices Kagan, Sotomayor and Jackson pushed back on the petitioners’ arguments, predicting chaos, and the U.S.
JD Supra Law
JANUARY 17, 2024
It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. v. Goldsmith. Much has been written on the subject, including in this forum, but in many ways it was a narrow decision. The Court held that the commercial licensing of Orange Prince, a work in Andy Warhol’s Prince series based on a photograph by Lynn Goldsmith, was not protected under the first factor of the four-factor fair use test under 17 U.S.C. § 107.
IP Watchdog
JANUARY 17, 2024
Carlton Fields is seeking an Intellectual Property (IP) associate with three or more years of patent litigation experience. This is a full-time, permanent position located in Tampa, FL, Atlanta, GA, or New York, NY. The ideal candidate will effectively manage day-to-day litigation tasks and independently prepare pleadings, motions, discovery requests and responses, and effectively communicate with other lawyers.
JD Supra Law
JANUARY 17, 2024
Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., Appeal Nos. 2022-1410, -1554 (Fed. Cir. January 9, 2024) In this week’s Case of the Week, the Federal Circuit affirmed two inter partes review (“IPR”) decisions by the Patent Trial and Appeal Board (“Board”) based on claim construction of the phrase “an apparatus for identifying a single biomolecule.”.
Velocity of Content
JANUARY 17, 2024
Standards-aligned curriculum may prevail in K-12 classrooms around the country, yet teachers still look for culturally responsive, individualized, and timely content to meet the learning needs of diverse student populations. A recent CCC webinar covered the state of K-12 literacy in public schools; contrasted the value of high-quality, authentic content in curriculum with the challenges of using synthetic text and freely available resources from online; and outlined best practices for the use of
JD Supra Law
JANUARY 17, 2024
In an email News Brief distributed today, the U.S. Patent and Trademark Office reminded stakeholders that starting at 12:01 am (ET) on January 17, the filing of new, non-provisional utility patent applications with specification, claims, and abstract in a non-DOCX filing format will incur a surcharge of up to $400.
Likelihood of Confusion
JANUARY 17, 2024
Hormel won’t give up. And neither will Spam Arrrest, LLC (which makes a great product I used for years). A press release from Spam Arrest reports: Spam Arrest LLC, which. The post Unlovely SPAM appeared first on LIKELIHOOD OF CONFUSION™.
JD Supra Law
JANUARY 17, 2024
December 2023 Federal Circuit Newsletter (Japanese) - Intel Wrongly Denied Opportunity to Litigate License Defense that Could Unwind $2.1 Billion Judgment - In Vlsi Technology LLC v. Intel Corporation, Appeal No. 22-1906, the Federal Circuit held that district court abused its discretion in denying motion to amend answer to assert a license defense where defense was not futile under governing law.
IP Law 360
JANUARY 17, 2024
U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.
JD Supra Law
JANUARY 17, 2024
Rs Natera, Inc. v. NeoGenomics Laboratories, Inc., 23-cv-00629 (M.D.N.C. 2023) - How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for the Middle District of North Carolina (the “Court”) recently grappled with this question in granting a preliminary injunction against NeoGenomics for their product “RaDaR,” in which allegedly infringes two of NeoGenomics’ competitor Natera’s patents: U.S.
LexBlog IP
JANUARY 17, 2024
On January 1, 2021, Congress enacted the Corporate Transparency Act (the “ CTA ”) as part of the Anti-Money Laundering Act of 2020 and its annual National Defense Authorization Act. The new legislation requires certain entities to report information about their owners, management and the individuals who helped create the entities to the U.S.
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