Thu.Aug 22, 2024

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Grammarly Announces New Authorship Verification Tool

Plagiarism Today

Grammarly is introducing a new tool to detect plagiarism and AI-generated writing by examining how the author wrote the piece. The post Grammarly Announces New Authorship Verification Tool appeared first on Plagiarism Today.

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Threading the Needle: Navigating the Matrix Created by the U.S. Supreme Court and Unified Patent Court   

JD Supra Law

As a firm responsible for managing global portfolios for pharmaceutical companies, we closely follow and seek to stay abreast of developments regarding patentability in various jurisdictions. We recently reviewed the Unified Patent Court (UPC) first decision – invalidating EP Patent No. 3,666,797 B1 – and provided a summary of that case. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 106
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3 Count: Uno Reverse Card

Plagiarism Today

Record labels file petition with Supreme Court in Cox case, Webtoon Entertainment files massive DMCA subpoena and more. The post 3 Count: Uno Reverse Card appeared first on Plagiarism Today.

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17-Year-old Student Exposes Germany’s ‘Secret’ Pirate Site Blocklist

TorrentFreak

In 2021, Germany joined a growing list of countries that have an institutionalized pirate site blocking scheme in place. Several large ISPs teamed up with copyright holders and launched the “Clearing Body for Copyright on the Internet” ( CUII ), which is responsible for handing down blocking ‘orders’. While CUII doesn’t rely on court judgments, there is some form of oversight.

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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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Playing Golf Makes Me A Better Lawyer

IP Law 360

Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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Tips for a Smooth M&A Closing Part 2: Due Diligence and Filings

Cogency Global

What this is : In Part 2 of our series on preparing for a merger and acquisition (M&A) transaction , we will review practical tips to consider when you are conducting your public records due diligence and coordinating your state filings. Not all state requirements are the same when it comes time to prepare for your closing. What this means : In addition to finalizing the agreements and financing for the closing, this article highlights items on the closing checklist that must be completed (a

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Unofficial M3U8 Playlists For Pluto TV, Samsung & Plex, Shut Down By Warner

TorrentFreak

Free advertising-supported streaming television services, such as market leader Pluto TV, The Roku Channel, and Samsung TV Plus, offer a traditional linear TV viewing experience, via an app, at zero cost to the consumer. Despite most internet users being constantly spoiled by the availability of free content, as a value proposition FAST services are undoubtedly impressive.

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[Video] The Privacy Insider Podcast Episode 4: Don't Be Evil: In the Hot Seat of Data Privacy, Part 1

JD Supra Law

In this episode of The Privacy Insider Podcast, Keith Enright, the outgoing Chief Privacy Officer at Google, joins host Arlo Gilbert to share what it’s like to be at the privacy helm of one of the world’s most influential–and most watched–companies. Part I of this conversation showcases Keith’s unusual path to privacy and Google, the evolution of privacy under his watch, and where opportunities lie in privacy and technology today.

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From Bar to Bench: Three Advocates Recommended for the Delhi High Court, with Specific Mention of the IPD in the Collegium Resolution

SpicyIP

On August 21, 2024, names of Mr. Ajay Digpaul, Mr. Harish Vaidyanathan Shankar, and Ms. Shwetasree Majumder were recommended for appointment as Judges of the Delhi High Court by the Supreme Court Collegium. The names were recommended to the SC Collegium by the Chief Justice of the Delhi High Court in consultation with the two senior most judges of the High Court on October 25, 2023.

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Unauthorized Seller Reviews—Another Tool to Combat Unauthorized Sellers and Protect Your Brand

JD Supra Law

Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and lack knowledge and expertise about your products, which can lead to negative consumer reviews of your products that harm your brand.

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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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Private Placements And Pre-Ipo Advantage

IP and Legal Filings

On 18th July 2024, the Central Registrar of Cooperative Societies (CRCS) online portal launched by the Cooperative Ministry to refund Sahara investors would mark its 1st anniversary.[1] An unconventional measure by the Supreme Court to transfer move funds recovered by the Securities and Exchange Board of India (SEBI) to the Union Cooperation Ministry for efficient processing is now on an extension of an additional six-month deadline.

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Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC

JD Supra Law

The long awaited collision between the Federal Trade Commission (FTC) and the varied political and legal opinions on the legality of Employment Non-Compete Agreements (Non-Competes) is now moving up the ladder of jurisprudence in the Federal Courts. It is also being reviewed in State Legislative bodies. There will undoubtedly be circuit court conflicts and a likely need one day for a Supreme Court ruling.

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Judge Delays AI Trial In Thomson Reuters, ROSS IP Row

IP Law 360

A Delaware federal judge on Thursday delayed the first trial involving an artificial intelligence product, postponing a highly anticipated clash in which Thomson Reuters is accusing tech startup ROSS Intelligence of creating an AI legal research platform using copyrighted material from the media company's Westlaw database.

IP 69
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Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

JD Supra Law

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a company, such as an internet website host, a search engine, or a website operator, registers an agent with the United States Copyright Office.

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ITC Patent Jurisdiction: Roku’s Petition and Contreras’ Critique

Patently-O

by Dennis Crouch Roku, Inc. has asked the Supreme Court to review 2024 Federal Circuit decision affirming the US International Trade Commission’s (ITC) finding of a Section 337 violation based on infringement of a TV-remote patent owned by Universal Electronics, Inc. (UEI). US10593196 (method of configuring user interfaces on home theater devices to control other appliances).

Patent 62
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Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments in Allergan v. MSN Laboratories

JD Supra Law

On August 13, the Federal Circuit issued a precedential ruling in Allergan v. MSN Laboratories (Case No. 24-1061). This decision reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect LLC to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired)….

Patent 68
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SpicyIP Tidbit: Doing What the Court Says- DPIIT withdraws notification extending 31D to Online Streaming

SpicyIP

Image from here The Department for Promotion of Industry and Internal Trade (DPIIT) yesterday i.e. 21 st August 2024 issued an Office Memorandum (OM), notifying the withdrawal of OM dated 5 th September 2016, which extended the scope of Section 31D of the Copyright Act to Internet Transmissions. Although I could not find the withdrawn OM, it has been discussed by Rahul Bajaj on the blog here.

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Recipe for Rejection: Trademark Application Burnt by Specimen Flaws

JD Supra Law

The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No. 88621608 (July 31, 2024, TTAB) (Cataldo, Goodman, Pologeorgis, ATJ).

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Tips for a Smooth M&A Closing Part 3: Post-Closing Matters

Cogency Global

What this is : In Part 3 of our blog series, we take a look at the numerous post-closing tasks that need to be addressed following a merger or acquisition. What this means : To ensure nothing is overlooked (whether it's updating internal and public records or meeting ongoing requirements), it's essential to create a post-closing checklist and assign clear responsibilities for each task.

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Patent by Secret Process: Perils of Pre-Patent Profiting

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed the International Trade Commission’s (ITC) determination that the asserted process patents were invalid under the America Invents Act (AIA) because products made using the patented process were sold more than one year before the patents’ effective filing dates. Celanese International Corporation, et al. v.

Patent 68
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Apple Loses at CAFC in Bid for Mandamus Relief to Transfer Out of Texas

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday denied Apple, Inc.’s petition for a writ of mandamus seeking to transfer a patent infringement case brought by Resonant Systems, Inc. out of Judge Alan Albright's Western Texas court to the Northern District of California.

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Merger of District Court Dismissals Torpedoes Appeal from PTAB Decision at Federal Circuit

JD Supra Law

The Federal Circuit dismissed an appeal of a final written decision in an IPR based on issue preclusion where a district court had dismissed a complaint finding the patent claims subject-matter ineligible. The patentee had filed a second amended complaint, but then voluntarily dismissed the case without asking the district court to vacate its prior invalidity ruling, which it also never appealed.

Patent 68
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Amicus, USPTO Urge Denial of Cellect SCOTUS Petition

IP Watchdog

On August 21, plant gene editing company Inari Agriculture filed an amicus brief with the U.S. Supreme Court urging it to leave in place the U.S. Court of Appeals for the Federal Circuit’s precedential decision in In re: Cellect, which relates to the application of the obviousness-type double patenting (OTDP) doctrine in the context of patent term adjustments (PTA).

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The PTAB Review - August 2024

JD Supra Law

This issue of The PTAB Review begins by providing an analysis of how institution decisions consider declaration testimony submitted by a patent owner. Next, it summarizes proposed rulemaking from the United States Patent and Trademark Office (USPTO) about practices at the Patent Trial and Appeal Board (PTAB), including discretionary denial of institution.

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Authors Can't Use Discord Chats In Meta AI Copyright Suit

IP Law 360

A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.

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Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

JD Supra Law

The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of due diligence in a prior action. Marco Destin Inc. v. Levy et al., Case No. 23-1330 (2d Cir.

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Patent Injunction Bill Has Potential To Reshape Disputes

IP Law 360

Proposed legislation to create a presumption that courts would issue an injunction when patent infringement is found could empower patent owners and change the dynamics of disputes if enacted, though experts said the measure's impact would depend on how courts interpret it.

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Intellectual Property Tips for America’s Quantum Hub

JD Supra Law

There has been a flurry of activity in Illinois over the last few months with regards to quantum computing. For example, the state enacted a package of bills that provides tax incentives for quantum computing development, Governor Pritzker unveiled a proposed budget for FY2025 that earmarks $500 million for investment in quantum technology, PsiQuantum announced….

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Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims

IP Law 360

A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.

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Federal Circuit Provides Guidance on What Claims Can Properly Serve As Obviousness-Type Double Patenting References

JD Supra Law

In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date.

Patent 66
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Influencer-Backed Wine Glass Co. Sues Over Trade Dress

IP Law 360

A small startup that sells colorful wine glasses is suing other companies that sell similar glasses in Colorado federal court, calling those companies "counterfeiters" that are trying to capitalize on the startup's popularity stemming from the endorsement of a popular TikTok influencer.

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Proposed BPCIA Reform Legislation Likely To Have Little Effect Even If Passed

JD Supra Law

In an attempt to increase the availability of biosimilars, on July 11, 2024, the Senate passed the Affordable Prescriptions for Patients Act, which was introduced in the House on July 19, 2024. The bill sets a cap of 20 patents in certain categories that can be asserted by a Reference Product Sponsor (RPS) in BPCIA litigation.

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Del. Jury Says No Infringement, Axes Data Storage IP Claims

IP Law 360

A Delaware federal jury found Thursday that Scale Computing Inc. did not infringe DataCore Software Corp.'s data storage patent and determined that the asserted claims are invalid as anticipated.

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Insuring Innovation: Software Code May Be Protected as an Arrangement

JD Supra Law

The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider the copyrightability of the source code’s arrangement. As to the trade secret claim, however, the Eleventh Circuit found that the district court did not err in finding that the defendants misappropriated the trade secrets at issue and could be held jointly and severally.

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Comedians Duel With Pandora For Joke Copyright Victories

IP Law 360

A group of comedians and companies that licensed their routines has urged a California federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied "pass-through licenses" to broadcast those routines.