Wed.Sep 25, 2024

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Why Plagiarism Still Matters

Plagiarism Today

We've all been inundated with plagiarism stories. It can seem like plagiarism doesn't matter anymore. However, that's simply not true. The post Why Plagiarism Still Matters appeared first on Plagiarism Today.

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25 Considerations for a Trademark Cease and Desist Letter

Erik K Pelton

When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter. Erik shares 25 considerations to make in this episode. The post 25 Considerations for a Trademark Cease and Desist Letter appeared first on Erik M Pelton & Associates, PLLC. When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter.

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3 Count: A Decade of Litigation

Plagiarism Today

Oracle wins more attorney fees in Rimini case, OpenAI to allow access to training data and Telegram removes Z-Library posts. The post 3 Count: A Decade of Litigation appeared first on Plagiarism Today.

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U.S. Court Orders LibGen to Pay $30m to Publishers, Issues Broad Injunction

TorrentFreak

Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

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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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Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

JD Supra Law

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York. The legal battle was sparked by a series of hilarious prank videos that Kimmel allegedly lured Santos into making.

Fair Use 120
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Senate Bill Wants CBP To Share More On Counterfeit Products

IP Law 360

A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise.

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Blackberry Innovates!: Understanding Algorithm Exclusion u/s. 3(k)

SpicyIP

Original Image from here. On 30 th August 2024, the DHC gave out two decisions on appeal against the rejection of two Patent applications filed by Blackberry Limited. In this post, I will refer to the two decisions as Blackberry I and Blackberry II. Here, I will contrast the two judgements and answer whether the reasoning employed in them is consistent and reconcilable.

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Hardball at the TTAB

Likelihood of Confusion

Originally posted 2014-02-26 09:43:41. Republished by Blog Post PromoterFar be it from me to put words into the mouth of John Welch, whose powers of expression are more than adequate to make the point, but it does seem that John is, in this case he reports on today at the TTABlog, taken aback at some […] The post Hardball at the TTAB appeared first on LIKELIHOOD OF CONFUSION™.

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Boxing Piracy and the "Internet defense" is it viable?

JD Supra Law

When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand that, as the song goes, "somebody's watching me." There are several major distributors that seek to hold companies liable for illegal interception of a signal allowing companies to show the PPV sports broadcast improperly, and without a license to do so, for commercial.

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Claims That Scientists are Underreporting Federal Support on Patents Don’t Pass the Smell Test

IP Watchdog

A new article in Science claims that nearly one-third of patents arising from federally funded research fail to disclose this funding. Such omissions, if intentional, could violate federal law. If true, this would be a bombshell. Fortunately, it's not true. The study's methodology is deeply flawed. Yet it could nevertheless provide a pretext for lawmakers to enact unnecessary and burdensome legislation, killing public-private research collaborations.

Patent 98
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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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Amazon Won-Oh-Won Its Patent Challenge Against Broadband

JD Supra Law

On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims recite abstract ideas.

Patent 68
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Recommended Reading: Prof. Michael Grynberg, "Trademarks as Comics"

The TTABlog

Michael Grynberg is a professor of law at Depaul College of Law in Chicago, where he focuses on intellectual property. He also likes comic books and comic strips. Putting those two interests together, he created a graphic "article" called "Trademarks as Comics," in which, among other things, he seeks to answer the question, "what can sequential art teach trademark law?

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The Practice of Producing Evidence for the Prior Use Right Defense in Patent Infringement Disputes

JD Supra Law

As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes.

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LaLiga Will “File Criminal Complaints Against Google” Over Pirate IPTV

TorrentFreak

An unprecedented order handed down by a judge in Argentina mid-September was music to the ears of LaLiga President Javier Tebas. Alongside orders for local ISPs to block 69 domains linked to pirate IPTV service Magis TV, Judge Esteban Rossignoli at Court 4 of San Isidro reportedly instructed Google to “adopt the necessary technical means” to immediately uninstall the MagisTV app from all Android devices operating with an Argentinian IP address.

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Trademark Insight 08/2024 – European Union & Germany // Country Focus - Poland

JD Supra Law

This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr) (German Federal Patent Court), on a trade mark conflict over homonyms (General Court) and on the genuine use of a recycling symbol (General Court).

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Federal Circuit Grants En Banc Rehearing in EcoFactor v. Google, Limiting Damages Expert Testimony

Patently-O

by Dennis Crouch The U.S. Court of Appeals for the Federal Circuit has granted Google’s en banc rehearing in EcoFactor, Inc. v. Google LLC , No. 2023-1101 (Fed. Cir. Sept. 25, 2024), focusing on the admissibility of expert testimony regarding patent damages. This will be the first en banc utility patent case since 2018. The order vacates the panel’s previous decision that had sided with the patentee and calls for new briefing on: whether the district court properly applied Federal R

Patent 59
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Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

JD Supra Law

A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier Franchise Company, LLC entered substantive negotiations with DAZ Global, LLC and its principal, Dimitry Baum (collectively “DAZ”), for the opening of a Grainier Bakery franchise in Chicago, Illinois.

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Full Federal Circuit Grants Google’s Request for Rehearing of Precedential Ruling on Expert’s Damages Testimony

IP Watchdog

In a rare grant of en banc rehearing, the U.S. Court of Appeals for the Federal Circuit (CAFC) today agreed to revisit a June 2024 precedential decision that affirmed a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error. Judge Prost dissented-in-part from the panel opinion, stating that the majority’s opinion with respect to damages “at best muddles our precedent and at worst contradicts it.

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Eli Lilly Files Suit Challenging the FDA’s Drug Classification of Retatrutide

JD Supra Law

​​​​​​​On September 3, 2024, Eli Lilly filed a complaint against the FDA in the District Court for the Southern District of Indiana pursuing the latest challenge to the FDA’s application of its “biological product” classification. See Eli Lilly & Co. v. Becerra et al., No. 1:24-cv-01503 (S.D. Ind.).

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BREAKING: Full Fed. Circ. To Tackle Patent Damages In $20M Google Case

IP Law 360

The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate.

Patent 59
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Patent Poetry: Federal Circuit Affirms Most of Patent Board Ruling Invalidating Philips Radio Patent

JD Supra Law

The Federal Circuit has affirmed most of a ruling by the Patent Trial and Appeal Board (PTAB or Board) that invalidated claims related to radio communications in a patent owned by Philips. The case is KONINKLIJKE PHILIPS N.V. v. QUECTEL WIRELESS SOLUTIONS CO. LTD.

Patent 63
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The Great Indian Copyright Conundrum: Goa’s Circular on Wedding Music and the Legal Tug-of-War

Selvam & Selvam Blog

Goa, with its stunning beaches and lively festivities, has always been a popular destination for weddings and social events. However, a recent circular from the Goa government has stirred up a legal battle regarding copyright laws. This circular aimed to exempt wedding ceremonies and related festivities from the need to secure copyright permissions for musical works, citing the need to support local economic and tourism activities.

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U.S. Patent Office Enablement Guidelines in View of Supreme Court Amgen v. Sanofi Decision

JD Supra Law

The U.S. Patent Office has published updated examination guidelines regarding the enablement requirement in view of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The guidelines generally reiterate that (1) enablement applies to all technology areas, not just biotech, and (2) the Patent Office may increase its enforcement of the enablement doctrine against functional claims directed to a considerable amount of embodiments.

Patent 63
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Judge Connolly Sticks By Fining Paralegal Patent Owner

IP Law 360

Delaware's top federal judge won't budge on ordering a Texas paralegal to pony up $53,000 for refusing to appear for months to answer questions about a patent litigation outfit that was registered to her name, after he grilled her lawyer over who he was representing at a hearing she did show up to last week.

Patent 52
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USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights prepared by our seasoned attorneys. This month, we are discussing federal agency perspectives on copyright and patent registrations that incorporate artificial intelligence tools.

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Walgreens' TM Suit Can Proceed Against Founder's Relative

IP Law 360

Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.

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Patent Office Issued 199 Patents to Indiana Entities in August 2024

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 199 patents to persons and businesses in Indiana in August 2024: US 12070711 B2 Air filter arrangement; assembly; and, methods US 12070231 B2 Customized patient surgical plan US 12070975 B2 Under bed hitch mounting system US 12070251 B2 Systems and methods for spinal rod insertion and reduction US 12073341 B2 Proactive spatiotemporal resource allocation and predictive visual analytics system US 12070559 B2 Drainage catheter hub with a semi-compressed

Patent 52
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Consultant Wants NC Packaging Patent Fight Tossed

IP Law 360

A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.

Patent 52
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Free Post: Not Yet in Effect: Clarifying Misconceptions About the USPTO’s Proposed Terminal Disclaimer Rule

Patently-O

by Dennis Crouch I wanted to provide a quick update on potential misinformation that came out in a panel that I was part of at the IPO annual conference. One speaker noted that the USPTO terminal disclaimer rules were already in effect. That is not true. In May 2024, the agency released a notice of proposed rulemaking (NPRM) and has not yet indicated whether it will finalize the rules.

Patent 45
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All Mariah Carey Wants Is To Ax 'Christmas' IP Row For Good

IP Law 360

Mariah Carey and Sony Music Entertainment hope to finally put to bed a copyright infringement suit over the now-decades-old Christmas hit "All I Want For Christmas Is You," telling a California federal judge this week that the accusing musicians have not shown the similarities are anything more than common holiday tropes.

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Of Clinical Trial Waivers in India: The Misses Outweigh the Hits

SpicyIP

In light of the executive order waiving the requirement to conduct clinical trials for new drugs approved in a few selected jurisdictions, we are pleased to bring to you this guest post by Md. Sabeeh Ahmad, discussing the implications of this executive order. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here.

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Albright Bumps Up Amazon Patent Loss To $136M

IP Law 360

Amazon now owes a small advertising software outfit a total of $136 million after losing a jury trial in June in Waco, Texas, in a lawsuit over patents that purportedly made it more efficient to place bids on the same pieces of ad space.

Patent 52
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The Bill on Canada’s Digital Policy Comes Due: Blocked News Links, Cancelled Sponsorship, Legal Challenges, and Digital Ad Surcharges

Michael Geist

Canada’s digital policy has seemingly long proceeded on the assumption that tech companies would draw from an unlimited budget to write bigger cheques to meet government regulation establishing new mandated payments. Despite repeated warnings on Bills C-11 (Internet streaming), C-18 (online news), and a new digital services tax that tech companies – like anyone else – were more likely to respond by adjusting their Canadian budgets or simply passing along new costs to consumers, the g

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Hairbrush Co.'s Patent Suit Over Straighteners Settles

IP Law 360

A hairbrush company and an investment firm that together filed several lawsuits accusing various companies of "poisoning" the market with knockoffs of their patented ceramic straightening brush asked a California federal judge Wednesday to dismiss the last of those cases, stating that the claims have been settled.

Patent 52
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CIPO’s new Specificity Guidelines for goods and services: what you need to know

JD Supra Law

Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing the specificity of goods and services claimed in such applications.