Wed.Sep 18, 2024

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3 Count: Super Effective

Plagiarism Today

The Pokémon Company wins case in China, mistaken music leads to dubious takedown and more ISPs back Cox in piracy fight. The post 3 Count: Super Effective appeared first on Plagiarism Today.

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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online.

Copyright 117
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A Timeline of the Recent DEI Plagiarism Allegations

Plagiarism Today

This year, at least eight diversity-focused academics have come under fire for alleged plagiarism. Here's a timeline of the allegations. The post A Timeline of the Recent DEI Plagiarism Allegations appeared first on Plagiarism Today.

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Petitioners Beware: Screenshots Showing Product May Not Qualify as Printed Publication

JD Supra Law

In a recent decision, the PTAB determined that images of products offered for sale via online retailers, such as Amazon, did not alone qualify as printed publications—even if the images showed the product and the date it was offered for sale. Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024) (“Decision”).

Patent 110
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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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CAFC Scolds District Court for Straying from ‘Party Presentation’ Principle

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday told the U.S. District Court for the District of Delaware that it “misapprehended its role in adjudicating the issue of patentability” when it sua sponte determined claims of Astellas Pharma’s patent invalid under 35 U.S.C. § 101 as directed to an ineligible natural law. The opinion was authored by Judge Lourie.

Patent 108
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Germany Adds Sports Streaming Site ‘TotalSportek’ to Pirate Site Blocklist

TorrentFreak

In 2021, Germany joined a growing list of countries that have institutionalized pirate site blocking schemes 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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Magis TV IPTV Crackdown Blocks 70 Domains, Hundreds Already Wiped Out

TorrentFreak

Last December when the MPA and other rightsholders renewed calls for site-blocking measures to be implemented in the United States, much of the focus was placed on Fmovies. Before its recent sudden demise , Fmovies was considered the world’s largest illegal movie and TV show streaming site, yet some lawmakers in attendance at last year’s hearing had never heard of it before.

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Announcing FRAND: German Case Law and Global Perspectives

Patently-O

Guest Post by Thomas F. Cotter, Taft, Stettinius & Hollister Professor of Law, University of Minnesota Law School As readers of this blog are aware, organizations such as the European Telecommunications Standards Institute (ETSI), IEEE, and others promulgate standards that enable products such as smartphones and other complex technological devices to interoperate.

Law 78
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Show Me the Papers!: Judge Aaron Grants Motion to Compel Document Discovery from Third-Party

JD Supra Law

United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recently granted a motion by Samsung Electronics Co. Ltd and Samsung Electronics America, Inc. (collectively “Samsung”) to compel non-party Microchip Technology Incorporated (“Microchip”) to “produce documents and to testify at a deposition” “pursuant to Rule 45 of the Federal Rules of Civil Procedure.

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Prof William Fisher Visiting India for a Set of Expert Lectures

SpicyIP

Image from here A very interesting set of lectures coming up for IP enthusiasts. Prof William Fisher, whom many may know from his global CopyrightX and PatentX courses, will be delivering two public lectures in India over the next few weeks. Prof. Fisher is the Wilmer Hale Professor of Intellectual Property Law, Harvard Law School and is also the Director of Global Access in Action, a non-profit organization.

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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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A Landmark Summer for Design Patent Law

JD Supra Law

The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of design patent law. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs.

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Traditional Principles of Equity Acknowledge that Ongoing Infringement is an Irreparable Harm

Patently-O

by Dennis Crouch The Supreme Court’s landmark decision in eBay v. MercExchange dramatically changed the patent landscape by eliminating the potential of injunctive relief for many patent holders, even in the face of ongoing infringement. The Patent Act indicates that injunctions may be awarded “in accordance with the principles of equity,” 35 U.S.C. 283, and in eBay , the Court found this required usage of a “four-factor test historically employed by courts of equity.R

Patent 62
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Ensuring Positive Outcomes With Negative Pledges in Venture Lending

JD Supra Law

A “negative pledge” on intellectual property is a common feature of venture lending transactions, but its implications can often be misunderstood. Some lenders may be surprised to discover that it does not always provide the protection they may expect in post-default scenarios.

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Federal Circuit Affirms Win for Meta Against Patent Owner’s Alleged Infringement of Image Tagging Patents

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a district court’s decision to grant a motion to dismiss a patent infringement case against Meta and Instagram due to patent ineligibility. The CAFC also granted Meta’s motion to partially dismiss the appeal for mootness because the Patent Trial and Appeal Board (PTAB) separately invalidated all of the asserted claims except for one.

Patent 64
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A Hidden Risk in the Sports Tech Boom

JD Supra Law

Technology has long played a part in professional sports, but these days it permeates the industry. Cameras, sensors, and models of playing surfaces compute and communicate data and information in real time — enhancing broadcasts, creating new categories of stats, and even helping officials make critical in-game decisions with greater accuracy. Originally published in Sports Business Journal, September 9, 2024.

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[Guest Post] Book Review: Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage

The IPKat

This book review of “ Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage ”, by Patricia Covarrubia (Editor), is kindly provided by Katfriend Felicia Caponigri (Founder of Fashion by Felicia and Visiting Scholar at Chicago-Kent College of Law). Here is what Felicia has to say: When you grow up in an Italian-American household, one of the first things you realize is the importance of food.

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Eastern District Of Pennsylvania Denies Motion To Compel The Election Of Defendants’ “Subjective Beliefs”

JD Supra Law

On August 22, 2024, Judge Harvey Bartle III of the United States District Court for the Eastern District of Pennsylvania denied a motion to compel defendants to provide information concerning the “subjective beliefs” of their decisionmakers concerning allegedly meritless patent litigation. King Drug Co. of Florence v. Abbott Lab’ys, No. CV 19-3565, 2024 WL 3904045 (E.D.

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Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta

Technology & Marketing Law Blog

This case involves augmented reality (AR) effects/”filters” that people can use to doctor up images and videos on social media, such as the ability to add virtual bunny ears, flower crowns, or cat whiskers to people in the image or video. The tsunami of anti-AI laws (and other laws against synthetic content) put all of those AR filters in jeopardy–after all, they produce fake algorithmically-generated images.

Privacy 61
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The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

JD Supra Law

On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2024” or the “RESTORE Patent Rights Act of 2024” to the Senate. This bill intends to give a patent owner a rebuttable presumption of permanent injunction….

Patent 68
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Gig Workers: A Need for Labor Law Reform

IP and Legal Filings

According to NITI Aayog, India’s policy think tank report on 2022 titled ‘India’s Booming Gig and Platform Economy’, “the gig workforce in India is likely to cross 23.5 million workers by 2029-30.” [1] “According to research conducted by ASSOCHAM, a non-governmental trade association and advocacy group, India’s gig economy is likely to grow to $455 billion by 2024. [2] According to the Boston Consulting Group there’s going to be an increase of 90 million gig workers in India over the next

Law 59
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Should the Experimental Use Exception Be Broadened?

JD Supra Law

On June 28, 2024, the United States Patent and Trademark Office (“USPTO”) requested the public’s views on the current state of the common law experimental use exception to patent infringement and whether legislative action should be considered to enact a statutory exception (89 FR 53963).

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SpicyIP Tidbit: Committee Constituted to Draft the Code of Conduct for Patent and Trademark Agents

SpicyIP

Consequent to the Delhi High Court’s direction in Saurav Chaudhary v. Union of India, CGPDTM has notified the constitution of a committee to draft the Code of Conduct for Patent and Trademark Agents. Md. Sabeeh Ahmad writes a tidbit on this development below. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here.

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Platinum Optics Tech. Inc. v. Viavi Sols. Inc.

JD Supra Law

In Platinum Optics Tech. Inc. v. Viavi Sols. Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on the requirements for standing to appeal from an inter partes review (IPR) final written decision of the Patent Trial and Appeal Board (PTAB).

Patent 65
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Chat Functionality in RightFind Navigate – Behind the Scenes

Velocity of Content

CCC is pleased to announce the launch of a generative AI (“genAI” for short) enabled Chat Mode for RightFind Navigate, a milestone in achieving our vision of enabling researchers to have a natural language interface for scientific discovery that speeds their time to knowledge but, crucially, recognizes the responsibility to build trust in AI systems.

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Third Time’s the Charm: Judge Hellerstein Denies Summary Judgment on Previously Dismissed Patent Claims Against Google

JD Supra Law

On August 22, 2024, Judge Alvin K. Hellerstein (S.D.N.Y.) denied Google LLC’s motion for summary judgment that (1) it has not infringed two asserted patents; and (2) the two patents are invalid for lack of written description. See Weisner v. Google LLC, Case No. 20-Civ-2862 9AKH) (August 22, 2024).

Patent 65
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Nintendo Stole BlackBerry IP For Devices, Patent Holder Says

IP Law 360

Nintendo has been hit with a patent infringement suit in Washington federal court by an Irish firm that holds the rights to many of BlackBerry's inventions, targeting technologies used in controllers for the popular Switch console and other gaming accessories.

Patent 52
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Alteogen Seeks Approval for Aflibercept Biosimilar in Korea

JD Supra Law

​​​​​​​On September 13, 2024, Alteogen announced that it has applied for marketing authorization in Korea for ALT-L9, an aflibercept biosimilar of EYLEA®. According to Alteogen, a 12-country Phase 3 study showed that ALT-L9 met its primary endpoint and demonstrated therapeutic equivalence to EYLEA®.

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Fed. Circ. Revives Astellas Patent Axed As Natural Law

IP Law 360

The Federal Circuit on Wednesday vacated a lower court's invalidation of an Astellas Pharma overactive bladder medication patent for claiming only a natural law, saying the holding was improper because the generics makers accused of infringement never made that argument.

Law 52
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Baker's Trademark Developments of 2024

JD Supra Law

2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date.

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'Bling Empire' Star Owes $900K To Ex-Partner For Show Idea

IP Law 360

A California jury has concluded that the executive producer and star of Netflix's series "Bling Empire," Kelly Mi Li, owes a former business partner nearly $700,000 for breach of contract and fiduciary duties, along with $200,000 in punitive damages.

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Cafe-Oppress

Likelihood of Confusion

Originally posted 2009-08-26 17:08:42. Republished by Blog Post PromoterIncreasingly, meritless IP claims and spineless takedown policies (always a dangerous combination) are making a Cafe Press a battleground for political speech assassination. No, it’s not a First Amendment issue; they’re a private company. Private censorship is legal, usually, and often absolutely necessary.

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AI Musician Denies Purported $10M Streaming Scam

IP Law 360

A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.

Music 52
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How to Get Your Patent First When Others Filed Before You

Patent Trademark Blog

Is it possible to get your patent first before an earlier application is patented? In the old days, the US patent system gave rights to the one who was first to invent. That meant that if someone filed a patent application before you, there were ways to obtain your patent even though your filing date was later. Now, the USPTO operates on a first-to-file principle.

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MGA Threatens Mistrial In O.M.G Dolls IP Fight With T.I.

IP Law 360

An attorney for MGA Entertainment and its CEO told a California federal judge Wednesday that his clients may seek a mistrial in the intellectual property dispute between MGA and hip-hop moguls T.I. and Tiny Harris, which could end the third jury trial between the parties.

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CCC Hosting Town Hall on AI & Copyright

Velocity of Content

CCC will be hosting a Town Hall on Tuesday, September 24 at 10:00 am EST / 4:00 pm CET on “AI & Copyright: Essential Information for Global, Cross-Border Business” via LinkedIn Live. A panel of legal experts, including Prof. Daniel Gervais , Vanderbilt University Law School; Eleonora Rosati , Stockholm University; Karyn Temple , Motion Picture Association; and Atsushi Okada , Mori Hamada & Matsumoto will focus on cross-border implications for businesses around the world.