Thu.May 16, 2024

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5 Plagiarism-Related Questions to Discuss Over Summer

Plagiarism Today

As schools nationwide celebrate graduation season, they face some tough plagiarism-related questions over the summer. The post 5 Plagiarism-Related Questions to Discuss Over Summer appeared first on Plagiarism Today.

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Industry Tells USPTO Biden March-In Proposal Undermines Inquiry to Improve IP Commercialization

IP Watchdog

Two days after comments closed on the U.S. Patent and Trademark Office’s (USPTO’s) Request for Comments titled “Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace,” several groups have weighed in to urge the Office not to ignore the link between this topic and the Biden Administration’s recent proposal on march-in rights under the Bayh-Dole Act.

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3 Count: Spotless Lyrics

Plagiarism Today

Music publishers warn Spotify of infringement, Indian director removes free link to his film and Frontier to unmask suspected pirates. The post 3 Count: Spotless Lyrics appeared first on Plagiarism Today.

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Vidal Addresses ‘Patent Examiner’ Reddit Issue with USPTO Personnel

IP Watchdog

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.

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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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Bill S-210 Study Without Witnesses?: Why a Conservative Filibuster May Lead to New Internet Age Verification Requirements and Website Blocking Legislation

Michael Geist

When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “ Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.” Nearly six months later, the bill is closer than ever to becoming law as the Conservatives improbably appear to be doubling down on support and seeking to limit witness testimony through filibuster tactics that co

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Internet Archive Fails to Dismiss Record Labels’ Copyright Lawsuit

TorrentFreak

The non-profit Internet Archive (IA) aims to preserve history in a digital format for generations to come. The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. This information becomes more and more valuable as time passes by. IA’s archiving work is not limited to websites either; it also helps to permanently archive video, software, games, and music.

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Piracy Block Reversed For Tech Site That Reported Site-Blocking Workarounds

TorrentFreak

The Piracy Shield blocking controversy on the boil since February has shown that overblocking in Italy either doesn’t exist , is someone else’s fault, or was too brief to be considered important. To that background, news this week that Italian telecoms regulator AGCOM has nullified one of its own piracy blocking orders is somewhat unexpected.

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Exploring An Alternative Model Of Litigation Finance

IP Law 360

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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AI Watch: Global regulatory tracker - China

JD Supra Law

The Interim AI Measures is China's first specific, administrative regulation on the management of generative AI services. Laws/Regulations directly regulating AI (the “AI Regulations”) The Cyberspace Administration of China, the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Radio and Television Administration jointly released the.

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11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

IP Law 360

An Eleventh Circuit panel quizzed attorneys Thursday for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position.

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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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In Re Cellect: What’s The Issue and What to Expect

JD Supra Law

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case addresses the Patent Term Adjustment (PTA) provisions—which are Congressional guarantees that add time back to a patent’s life to compensate for situations where the U.S.

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PTAB Will Review Cash-Out Patent Challenged By DraftKings

IP Law 360

The Patent Trial and Appeal Board said Wednesday it will review a patent owned by DraftKings Inc. rival Colossus Bets on a way for gamblers to "cash out" of a sports bet to cut their losses before a game is over.

Patent 59
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FTC Continues to ‘Dispute’ Orange Book Device Patent Listings, But Still No Antitrust Enforcement

JD Supra Law

Over the last eight months, the US Federal Trade Commission (FTC) has focused on what it characterizes as “improper” Orange Book listings and the impacts of such listings on generic entry.

Patent 73
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Internet Archive Must Face Record Labels' Copyright Suit

IP Law 360

A California federal judge on Wednesday ruled that the Internet Archive and the foundation that helps fund it must face a suit from record labels accusing the archive of copyright infringement by willfully copying and distributing thousands of protected recordings for free, saying the archive failed to show that the complaint was untimely.

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Large and Unjustified: Second Circuit Clarifies Pleading Requirements in Reverse Payments Cases

JD Supra Law

On May 13—and more than ten years after Federal Trade Commission v. Actavis, the leading U.S. Supreme Court case on reverse payment settlements—the Second Circuit for the first time weighed in on whether (and how) antitrust plaintiffs’ identification of a so-called "side deal" between a patent holder and an accused infringer plausibly alleges a "large and unjustified payment.".

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BIPLA (Boston Intellectual Property Law Association) Writing Competition call for papers

43(B)log

1st Prize:$1,000 2nd Prize:$500 BIPLA is once again holding its annual Writing Competition. Law school students are encouraged to submit papers relating to topics involving intellectual property law. Judges will consider the merits of each paper based on: (i) contribution to knowledge respecting intellectual property law; and (ii) the extent to which it displays original and creative thought or information not previously published or available.

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In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

JD Supra Law

On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of limitations.

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Patent Filings Roundup: Samsung Challenges Key Patent Innovations Patent, Theseus LF Asset Holdings Entity Launches New Campaign

IP Watchdog

It was a slow week for new patent filings at the Patent Trial and Appeal Board (PTAB) and above average week for district courts. This week saw only 15 new filings at the PTAB (one PGR and 14 inter partes reviews (IPRs)). Abbott Diabetes Care, Inc. filed one third of the IPRs at the PTAB, challenging three Dexcom Inc. Patents in five IPRs. Amazon filed two IPRs against one Nokia Technologies OY [associated with Nokia Corporation] patent while Voltage LLC filed two IPRs challenging two Shoals Tec

Patent 59
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Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

JD Supra Law

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig., No. 23-410, __ F.4th __, 2024 WL 2118248 (2d Cir. May 13, 2024) (“Bystolic III”). Circuit Judge Jacobs, writing….

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CAFC Dismisses Bid for PREP Act Protection Due to Lack of Jurisdiction Under Collateral Order Doctrine

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit on Tuesday, May 14, in a precedential opinion, dismissed an appeal by Puritan Medical Products of a district court denial of its partial motion to dismiss a patent infringement case brought by Copan Italia S.p.A and Copan Diagnostics Inc. The case involved “flocked” swabs “for collecting biological specimens.

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Novartis Pharms. Corp. v. Mylan Pharms. Inc. - Entresto® (Sacubitril/Valsartan)

JD Supra Law

Case Name: Novartis Pharms. Corp. v. Mylan Pharms. Inc., Civ. No. 19-cv-201, 2024 WL 384929 (N.D.W.V. Jan. 31, 2024) (Kleeh, J.) - Drug Product and Patent(s)-in-Suit: Entresto® (sacubitril/valsartan); U.S. Patents Nos. 8,877,938 (“the ’938 patent”) and 9,388,134 (“the ’134 patent”).

Patent 66
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What’s in a Name? Taking a look at IPO’s Interesting Observations on Benami Pre-Grant Oppositions

SpicyIP

Image by freepik The recent decision of the Indian Patent Office in Suman Das v. Arcelormittal (Application no. IN 201717013441) emphasizes the need to pay attention to the content of the opposition itself instead of focusing on the identity and qualifications of the opponent – a point often repeated in previous posts on the blog (see here , here , and here ).

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Amgen and Sandoz Settle Denosumab BPCIA Litigation

JD Supra Law

As we previously reported, in May 2023, Amgen filed a BPCIA complaint in the District of New Jersey alleging infringement based on Sandoz’s denosumab biosimilars of Amgen’s PROLIA and XGEVA (“the Sandoz Denosumab Litigation”).

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Voice Actors Say Lovo Stole Their Voices For AI Tech

IP Law 360

Artificial intelligence startup Lovo has been stealing actors' voices for its AI-driven voice-over software, voice actors Paul Lehrman and Linnea Sage alleged in a proposed class action Thursday after they unexpectedly heard Lehrman's voice used in a podcast about the potential dangers of AI technology.

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101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

JD Supra Law

In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International. The Alice decision established new standards for determining whether inventions, especially those related to software and business methods, are eligible for patents.

Patent 66
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The Defenestration of Bayport

Likelihood of Confusion

This item’s title would be a good name for a “Hardy Boys” book, but no, we’re talking about Bayport, Minnesota, home of the Anderson Corporation, not the home town of those All-American detective brothers. Still, a mystery remains: Is it easier to convince yourself an argument passes the “red-face test” or “smell test” before the […] The post The Defenestration of Bayport appeared first on LIKELIHOOD OF CONFUSION™.

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NIL Stores are Next Step in Student-Athlete Revolution: 3 Things Higher Ed and Athletic Departments Need to Do

JD Supra Law

Colleges and universities have started to become involved with online NIL stores where fans, students, and alumni can purchase custom-branded clothing adorned with the last name and jersey number of their student-athlete of choice. This latest step in the name, image, and likeness (NIL) revolution has created another set of unique compliance obligations for Higher Education institutions and their Athletic Departments.

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DC Judge Reluctantly Holds That Hyatt Forfeited Patents

IP Law 360

A D.C. federal judge on Thursday found the U.S. Patent and Trademark Office has sufficiently proven that inventor Gilbert Hyatt forfeited the right to receive certain patents based on decades of delay, but made clear that his finding was the result of a Federal Circuit mandate, not how he thought the case should be approached.

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Countdown to Deadline for Comment Submission to the ITC

JD Supra Law

Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337 investigations: [link] Docket No. MISC-049. The proposed rule changes include: Amending 19 C.F.R. § 210.12 to make clear that bare assertions without factual allegations supporting the existence of each element of the cause of action underlying the alleged unfair act or method of competition do not meet the requirements of paragraph 210.

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Viacom Sues Apparel Co. Over 'TMNT,' 'Avatar' Products

IP Law 360

Viacom International Inc. accused an apparel and toys company in New York federal court of profiting off products that infringe its trademarks for "Teenage Mutant Ninja Turtles" and "Avatar: The Last Airbender," among other intellectual properties.

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U.S. Supreme Court Rules in Favor of Music Producer in Warner Chappell Music, Inc. v. Nealy

JD Supra Law

The United States Supreme Court issued a ruling on May 9, 2024, in a copyright case that would allow a music producer to seek damages for alleged infringements occurring more than ten years ago when it held that the Copyright Act entitles a plaintiff to receive monetary relief for any timely infringement claim, regardless of when the infringement occurred.

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Donna Summer's Estate Working With Ye To Settle IP Suit

IP Law 360

Donna Summer's estate has indicated that it is finalizing a settlement with rappers Kanye West and Ty Dolla $ign to resolve a copyright complaint that alleges the musicians sampled the legendary disco singer's 1977 hit "I Feel Love" without permission.

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USPTO Proposes Major Change to Terminal Disclaimer Practice

JD Supra Law

On May 9, the USPTO released a Notice of Proposed Rulemaking for significant changes to terminal disclaimers. The USPTO suggests adding a new requirement that applicants can overcome an obviousness-type double patenting rejection only by tying the enforceability of the subject application to the validity of the reference application.

Patent 61
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Fed. Circ. Grills Sherwin-Williams, PPG On Coating Patents

IP Law 360

The judges of the Federal Circuit had tough questions for both sides Thursday as Sherwin-Williams Co. appealed a jury verdict that its beverage can coating patents are invalid due to earlier patents issued to PPG Industries Inc., which was accused of infringement.

Patent 52
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A Cautionary Tale of Contempt Proceedings for Potential Violation of a Standard Protective Order in Trade Secrets Litigation

JD Supra Law

Though litigants routinely enter into stipulated protective orders in the course of discovery that may involve sensitive company information (or even trade secrets), a recent ruling is a cautionary tale on the potential consequences of failing to abide by a protective order.