Mon.Mar 18, 2024

article thumbnail

3 Count: Finally Over

Plagiarism Today

Andy Warhol foundation settles with Lynn Goldsmith, publishers answer appeal in Internet Archive case and Richard Liebowitz disbarred. The post 3 Count: Finally Over appeared first on Plagiarism Today.

article thumbnail

Key Trademark Terms

Erik K Pelton

The following is an edited transcript of my video Key Trademark Terminology. I find it fascinating when I’m in somebody else’s place of business and I’ll hear words that might have a meaning to me, but I know that they’re using them in a way that’s specific to their work and their industry. At the dentist office or at the auto shop, they’re using vocabulary terms to talk about their work that don’t resonate with me because I don’t know anything abo

Trademark 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The NSF vs. the NIH on Plagiarism

Plagiarism Today

The National Science Foundation and the US National Institutes for Health are very different. But why is one seeing so much more plagiarism? The post The NSF vs. the NIH on Plagiarism appeared first on Plagiarism Today.

article thumbnail

Publishers Cite Napster and AI Training Threats in Legal Battle with the Internet Archive

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library operates as a non-profit organization that scans physical books, which can then be loaned out in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

article thumbnail

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?

article thumbnail

The Biggest Trade Secrets Awards In The Last 5 Years

IP Law 360

Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.

111
111
article thumbnail

How long does a personal injury claim take in Ontario?

Nelligan Law

Reading Time: 2 minutes In general, complicated cases involving several parties or complex legal issues will take longer to resolve than cases against only one defendant where liability is clear. The length of time will also depend on the willingness of both parties to settle a case and the availability of court dates for trial. There is a rule requiring plaintiffs to set their matters down for trial within five years of commencing an action against a defendant.

Law 105

More Trending

article thumbnail

SCOTUS Denies Petition to Review CAFC Precedent on Articulating Justification of Primary Reference Selection

IP Watchdog

The U.S. Supreme Court on Monday, March 18, denied a petition filed by patent owner Jodi A. Schwendimann asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that affirmed a Patent Trial and Appeal Board (PTAB) determination that Schwendimann’s patents were obvious. The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard ag

Patent 100
article thumbnail

Copyright News to Watch

The Illusion of More

Publishers File Brief in Response to Internet Archive Appeal On Friday, the publishers in Hachette, et al. v. Internet Archive filed their response brief opposing the archive’s appeal of its loss in district court. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the […] The post Copyright News to Watch appeared first on The Illusion of More.

article thumbnail

Weekly Blockchain Blog - March 2024 #3

JD Supra Law

Financial Firms Complete Blockchain Pilot, UK Approves Crypto ETNs - A recent press release announced completion of the Canton Network pilot, “a first-of-its-kind program demonstrating the interoperability of twenty-two independent distributed ledger applications (dApps) in the capital markets domain.”.

article thumbnail

Licensing by Acquisition: The High-Stakes Dispute Over Whether Intel is Licensed to VLSI’s Patents

Patently-O

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cas

article thumbnail

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.

article thumbnail

Patent Poetry: Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

JD Supra Law

The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6 million homes and businesses across the United States. Plaintiffs—Sony Music Entertainment and numerous other record companies and music publishers—own some of the most popular copyrighted musical works of our time.

article thumbnail

TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

The TTABlog

So far this year, the Board has affirmed more than 90% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. Here are three more. How do you think they came out? [Results in first comment]. In re DMG Mori Co. , Serial No. 79317839 (March 5, 2024) [not precedential] (Opinion by Judge Mark A. Thurmon). [Mere descriptiveness refusal of GEAR PROFILER for "Metalworking machines and machine tools, and their structural parts" and for "Computers; downloadable and recorded computer sof

article thumbnail

For Now, Generative AI Is Risky For Class Action Counsel

JD Supra Law

Our firm recently conducted a survey that reveals conflicting views by companies regarding whether their outside counsel should use generative artificial intelligence. Originally published in Law360.

article thumbnail

The case law of the German Federal Court of Justice and other German courts in 2022 – Part II

Kluwer Copyright Blog

Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. IV. Copyright contract law (Sections 31 et seqq.

Law 61
article thumbnail

New Comment on Right to Repair Products

JD Supra Law

This week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) submitted a comment to the U.S. Copyright Office to advocate for renewed and expanded exemptions to the Digital Millenium Copyright Act (DCMA), which prohibits the circumvention of technology protection measures that control access to copyrighted content.

article thumbnail

Book review & discount code: Copyright and the Court of Justice of the European Union

The IPKat

This is a review of the second edition of Copyright and the Court of Justice of the European Union , by PermaKat Professor Eleonora Rosati, who is Full Professor of IP Law at Stockholm University and Of Counsel at Bird & Bird. This book was voted by readers as the winner of the IPKat’s Book of the Year Award for best copyright book 2023! A launch event for its publication was hosted by UCL’s Institute of Brand and Innovation Law (IBIL), involving a panel discussion of themes from the book wi

article thumbnail

Australian Intellectual Property Reforms Ahead

JD Supra Law

2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023.

article thumbnail

Brita Brings ITC Filter Patent Row to Federal Circuit

IP Law 360

The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.

article thumbnail

[Event] 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement - May 29th - 30th, Washington, DC

JD Supra Law

Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading In-House Counsel.

article thumbnail

CAFC Denies Apple Transfer Out of Albright’s Court

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s petition for a writ of mandamus asking for a writ of mandamus to compel Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer its case to the Northern District of California.Carbyne Biometrics sued Apple for infringement of six patents via Apple’s “Secure Enclave” and Apple Cash platform features.

Patent 59
article thumbnail

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

JD Supra Law

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings.

article thumbnail

Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently-O

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. Patent No. 9,376,049. Tube-Mac Indus., Inc. v. Campbell , No. 2022-2170 (Fed. Cir. Mar. 15, 2024). The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids.

Patent 59
article thumbnail

Four Additional IPRs Filed by Merck Challenging The Johns Hopkins University Pembrolizumab Patents

JD Supra Law

On March 13, 2024, Merck Sharp & Dohme, LLC (“Merck”) filed four additional IPRs challenging The Johns Hopkins University (“JHU”) patents covering methods of treatment using pembrolizumab, which Merck sells under the trade name Keytruda®.

Patent 63
article thumbnail

2nd Circ. Rejects 'New Standard' Of Patent Monopolies

IP Law 360

A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.

Patent 52
article thumbnail

Virginia Federal Court Dismisses Franchisor's Trade Secret Claim for Failure to Plead with Specificity

JD Supra Law

A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016 (DTSA), Plaintiff's sole basis for federal jurisdiction. JTH Tax LLC v. Cortorreal, 2024 WL 897605 (E.D. Va. Mar. 1, 2024).

61
article thumbnail

Fed. Circ. Won't Block Intel License Defense In Calif. Case

IP Law 360

The Federal Circuit on Monday refused to undo a California judge's order letting Intel argue that it has a license to VLSI's microchip patents in cases with billions of dollars at stake, ruling that VLSI hadn't shown that the appeals court should step in.

article thumbnail

Federal Circuit Finds Written Description Support for Narrow Claim Range via Disclosure of Broader Ranges, Vacates PTAB Decision

JD Supra Law

The Federal Circuit recently vacated a PTAB decision that claims of an “e-cigarette” patent were unpatentable for lack of written description under 35 U.S.C. § 112. The question on appeal was whether a claimed range was adequately supported by the disclosure of broader ranges. In this case, the answer was “yes.”.

Patent 61
article thumbnail

Patent Suit Over AstraZeneca's Tagrisso Heads To Jury

IP Law 360

A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.

article thumbnail

Liquidation of Companies Under UAE Law: A Comprehensive Guide Based on Federal Decree-Law No. 32/2021 on Commercial Companies

LexBlog IP

Introduction: The liquidation of a company is a pivotal process governed by legal regulations in the UAE. Understanding the intricacies of liquidation proceedings is essential for stakeholders involved in company dissolution. Federal Decree-Law No. 32/2021 on Commercial Companies defines the framework for liquidating companies in the UAE, providing clarity on procedures, responsibilities, and liabilities.

Law 52
article thumbnail

Texas Judges Pause Wireless Patent Fights For PTAB

IP Law 360

The top two federal judges in Texas handling patent cases have agreed to hold litigation between two automotive brands and a prolific litigation outfit after BMW persuaded the patent board to review "every single claim" involved in litigation over decade-old wireless patents.

Patent 52
article thumbnail

Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

LexBlog IP

AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in real time, records audio, captures slides, extracts action items, and generates content such as e-mails and status updates. While tools like Otter may provide quick answers or help synthesize a large volume of information, employers and employees alike should be mindful of th

article thumbnail

Vidal Tells PTAB To Try Defining 'Biometric Signal' Again

IP Law 360

The head of the U.S. Patent and Trademark Office has thrown out decisions from the Patent Trial and Trademark Board that found Assa Abloy was unable to show two biometric patents were unpatentable, saying the PTAB used a definition of a critical term that wasn't proposed by Assa Abloy or the patent owner.

article thumbnail

Knock it off!

Likelihood of Confusion

Counterfeit Chic has posted Knockoff News #45. Originally posted 2013-01-08 13:57:36. Republished by Blog Post Promoter The post Knock it off! appeared first on LIKELIHOOD OF CONFUSION™.

article thumbnail

Fed. Circ. Won't Order Albright To Ship Apple IP Case To Calif.

IP Law 360

The Federal Circuit on Monday denied an appeal from Apple Inc. of a decision denying its bid to move an infringement suit over authentication and fraud reduction patents from Texas federal court to California.

IP 52
article thumbnail

U.S. Department of Justice (DOJ) Provides Corporate Fraud Enforcement Update

LexBlog IP

During the American Bar Association’s 39 th National Institute on White Collar Crime, the most senior executives of the DOJ (Attorney General Merrick B. Garland and Deputy Attorney General Lisa Monaco) delivered remarks promoting the success of DOJ compliance and enforcement by: Emphasizing the DOJ’s top priority being the prosecution of “corner office bad actors” Publicizing the success of the voluntary disclosure program Emphasizing the important role of compensation cl