Plagiarism Today
NOVEMBER 7, 2024
A new study examines the first two years of the Copyright Claims Board, highlighting several challenges the board faces. The post New Study Highlights Challenges Facing Copyright Claims Board appeared first on Plagiarism Today.
TorrentFreak
NOVEMBER 7, 2024
Internet infrastructure company Cloudflare provides a range of connectivity and security services to customers around the globe. This includes millions of organizations, including 30% of Fortune 500 companies, as well as various government agencies. These customers are generally pleased with the service they receive but Cloudflare has also faced criticism over the years.
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Plagiarism Today
NOVEMBER 7, 2024
Piles sues three musicians, Webtoon files lawsuit against alleged pirate site operators and Cloudflare responds to EU criticism. The post 3 Count: Piling On appeared first on Plagiarism Today.
SpicyIP
NOVEMBER 7, 2024
Discussing the Hamburg Regional Court’s landmark decision in Robert Kneschke v LAION e.V. , on text data mining and its interpretation as an exception to allegations of copyright infringement, SpicyIP Fellowship applicant Tanishka Goswami highlights the key findings of the Court and explores the probable lessons for Indian policymakers in harmonizing copyright with AI and innovation.
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?
IP and Legal Filings
NOVEMBER 7, 2024
In today’s world, the term “trademark” pops out in discussions pertaining to business and brand. But what, exactly, is a trademark and why does it matter? Below is a simple guide to India’s trademark system. What is a Trademark? Trademark refers to any sign, logo, word, phrase, or design that identifies and distinguishes the source of goods or services from others in the market.
SpicyIP
NOVEMBER 7, 2024
Trademark lawyers in India can breathe a sigh of relief after an important clarification by the Delhi High Court regarding the duty to serve counter statements under the Trademarks Act. Recently, the Court accepted a review application ( pdf ) by the Intellectual Property Attorneys’ Association against the judgement passed in Sun Pharma v. Dabur India , wherein the Court had seemingly imposed the obligation to serve a Counter Statement to the Opponent, on the Applicant, instead of the Registrar.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 7, 2024
Part 1: 5 Essential safeguards for website operators - In the rapidly evolving world of artificial intelligence, data scraping is a hot topic. The copying of online text, images and videos has beneficial use cases (e.g. training AI models for more accurate fraud detection or collecting contact details of business representatives for marketing purposes).
Copyright Alliance
NOVEMBER 7, 2024
This week we’d like to introduce you to Fine Artist Ken Thompson. What was the inspiration behind becoming a creator? What do you enjoy most about the creative process? Growing […] The post Creator Spotlight with Fine Artist Ken Thompson appeared first on Copyright Alliance.
JD Supra Law
NOVEMBER 7, 2024
The US Court of Appeals for the Federal Circuit vacated a district court’s decision to deny an antisuit injunction prohibiting a patent owner from enforcing injunctions that it obtained in Columbia and Brazil on standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson, et al. v. Lenovo (United States), Inc., Case No. 24-1515 (Fed. Cir. Oct. 24, 2024) (Prost, Lourie, Reyna, JJ.).
SpicyIP
NOVEMBER 7, 2024
[A big thanks to Swaraj for his inputs in this piece and to Aditi Bansal for her help in curating the database below.] A Sweet Pill to Swallow? On August 9, 2024, the Ministry of Finance (MoF), Government of India, issued a circular ( pdf ) for a Global Tender Enquiry to increase the threshold for procurement of 127 medicines instead of the previously decided 120, inviting tenders for up to 200 crore, further extendable as required.
Advertiser: IPO
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.
JD Supra Law
NOVEMBER 7, 2024
Ex parte reexamination proceedings have been available for over 40 years. The reexamination statutes, Public Law 96-517 of July 1, 1981 (also known as the Bayh-Dole Act), included 35 U.S.C. § 303, which codified, in part, that “[w]ithin three months following the filing of a request for reexamination under the provisions of section 302 of this title, the Director will determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the.
Kluwer Copyright Blog
NOVEMBER 7, 2024
In its latest opinion, the European Copyright Society has reviewed the German Federal Court of Justice’s (BGH) referral in the Pelham II (a.k.a. Metall auf Metall) case. Although the beginning of the legal dispute dates back to 1999, a quarter century seemed to be not enough to answer all possible questions surrounding the sampling of a two-second segment of Kraftwerk’s recording “Metall auf Metall” in the recording of the song “Nur Mir”, that was part of the 1997 album “Die neue S-Klasse”
JD Supra Law
NOVEMBER 7, 2024
The US Court of Appeals for the Federal Circuit affirmed a district court determination that a patent owner had not provided the “particularized testimony and linking argument” required to demonstrate equivalence under the doctrine of equivalents. NexStep, Inc. v. Comcast Cable Commc’ns, LLC, Case No. 2022-1815 (Fed. Cir. Oct. 24, 2024) (Chen, Taranto, JJ.
IP Watchdog
NOVEMBER 7, 2024
Today, the World Intellectual Property Organization (WIPO) published its annual World Intellectual Property Indicators Report, providing a snapshot of IP filing activities across the globe during 2023. Among the report’s key findings is that global patent filing activity increased for the fourth straight year, thanks in large part to continued growth in China and a strong showing from India, which placed among the top ten nations for patents, trademarks and industrial designs.
JD Supra Law
NOVEMBER 7, 2024
On November 4, 2024, Alvotech and Advanz Pharma announced that the European Medicines Agency (EMA) has accepted a Marketing Authorization Application for AVT05, Alvotech’s biosimilar to Simponi® (golimumab), for the treatment of several chronic inflammatory diseases.
IIPRD
NOVEMBER 7, 2024
India embraces an increasingly changing workforce amid tremendous technological progress and new models of work so the convergence of intellectual property rights and employee innovation has become the reason of legal debate. In today’s world, there has been considerable growth in remote jobs, gig-economy work and artificial intelligence tools which introduce new complexities with the ownership of worker creations.
JD Supra Law
NOVEMBER 7, 2024
This month we take a deeper dive into petitions practice for cases handled by the Central Reexamination Unit (CRU). As noted in our previous article, issues of first impression sometimes arise in cases before the CRU where there is little or no guidance for the CRU examiner to follow. And sometimes situations arise where one of the parties strongly believes that the examiner’s procedural action or requirement is simply wrong.
IP Law 360
NOVEMBER 7, 2024
Litigation funders often see the attorneys they would be working with as the most important element of whether to invest in a case, several members of the industry said on a panel at the University of Texas School of Law's Advanced Patent Law Institute.
JD Supra Law
NOVEMBER 7, 2024
No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty Close and Austin Padgett as they delve into the IP issues that shape the world around us. From Taylor Swift’s re-recording of her music to the murky legalities of fan fiction, this podcast offers insightful discussions that both educate and entertain.
IP Law 360
NOVEMBER 7, 2024
A California federal judge said Thursday that she is "inclined" to grant Mariah Carey and others a victory in a copyright infringement suit over her song "All I Want For Christmas Is You" and sanction the plaintiffs after the pop singer's side alleged they made legally frivolous arguments.
JD Supra Law
NOVEMBER 7, 2024
In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German copyright law. Robert Kneschke v. Large Scale Artificial Intelligence Open Network, Case No. GRUR-RS 2024, 25458 (Hamburg District Court Sept. 27, 2024).
IP Law 360
NOVEMBER 7, 2024
Cercacor Laboratories' former chief technology officer testified Thursday that he privately emailed Apple CEO Tim Cook offering to help the tech giant become a top health and wellness device brand, but denied accusations that he gave Apple any of the Masimo spinoff's pulse oximetry trade secrets.
JD Supra Law
NOVEMBER 7, 2024
The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal Circuit held that only those “red flags” that related to the successful Section 101 defense, which served as the basis for the district court’s grant of summary judgment, could be used to show the case was fatally flawed.
IP Law 360
NOVEMBER 7, 2024
A New Jersey federal judge on Thursday barred a small clothing company and its founder from selling knockoffs of Nike's iconic Air Jordan 1 High sneakers but declined to grant Nike $4 million in statutory damages, saying Nike hadn't yet given him enough information to assess the damages.
JD Supra Law
NOVEMBER 7, 2024
Noting how rare it is for trademark infringement cases to be decided on summary judgment, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment finding that the plaintiff law firm failed to establish a likelihood of consumer confusion by virtue of the defendant’s purchase of a keyword search term. Lerner & Rowe PC v.
IP Law 360
NOVEMBER 7, 2024
Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.
JD Supra Law
NOVEMBER 7, 2024
Join us for an insightful webinar with our trademark experts, who will guide you through the complexities of global trademark filing. Over this 45-minute session, you will learn how to protect and expand your brand effectively in the international marketplace, with an opportunity for a Q&A with our preeminent trademark team.
IP Law 360
NOVEMBER 7, 2024
OpenAI preliminarily escaped one of the many copyright suits it's facing from journalism publishers on Thursday, as a New York federal judge found that two alternative news websites didn't sufficiently allege harm from the removal of author information in ChatGPT training sets.
JD Supra Law
NOVEMBER 7, 2024
Case Name: Novartis Pharms. Corp. v. Becerra, No. 24-CV-02234 (DLF), 2024 WL 3823270 (D.D.C. Aug. 13, 2024) (Friedrich, J.).
IP Law 360
NOVEMBER 7, 2024
Attorneys for San Francisco urged a California federal judge Thursday to block Oakland from renaming its airport the "San Francisco Bay Oakland International Airport," saying travelers are mistakenly showing up to San Francisco International Airport instead of Oakland's hub because the new name is "dangerously and confusingly similar.
Patent Trademark Blog
NOVEMBER 7, 2024
Why Arguments Alone May Not Be Enough to Overcome a Likelihood of Confusion Refusal Likelihood of confusion is a fancy way of saying that the trademark you applied for is too similar to an existing trademark registration. A Section 2(d) refusal is one of the most common rejections of trademark applications filed with the USPTO. In many situations, arguments alone will not lead to a successful registration.
IP Law 360
NOVEMBER 7, 2024
The U.S. International Trade Commission has found that various computer hardware companies, including Dell, never infringed claims in an X1 Discovery Inc. patent related to indexed searching by importing consumer products with certain Microsoft software.
Stock Legal Blog
NOVEMBER 7, 2024
Hello everyone! I’m thrilled to be joining Stock Legal as a Legal Assistant. With a bachelor’s in law and over three years of experience as a paralegal in Pakistan, I’m eager to dive into the team and make meaningful contributions here. Legal work has always intrigued me because of its problem-solving nature and the constant learning it offers, and I'm excited to bring my skills and experience to this fantastic company.
IP Law 360
NOVEMBER 7, 2024
A Federal Circuit judge suggested Thursday that the court might vacate a Patent Trial and Appeal Board decision partly invalidating a Sisvel 4G wireless patent challenged by Honeywell and others, saying the board relied on an expert who may not have the necessary qualifications.
IP.com
NOVEMBER 7, 2024
Intellectual property (IP) is a vital asset for any corporation, especially when it involves a groundbreaking technology that could shape the future of the industry. Crafting a strategic IP plan for a single technology requires meticulous planning, cross-functional collaboration, and a deep understanding of both legal and market landscapes. This guide provides a step-by-step approach to developing an IP strategy for a single technology that a corporation aims to patent.
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