Thu.Aug 15, 2024

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Plagiarism, Academic Integrity and the 2024 School Year

Plagiarism Today

In the United States, school is starting up again. Here are the plagiarism and academic integrity issues schools need to focus on. The post Plagiarism, Academic Integrity and the 2024 School Year appeared first on Plagiarism Today.

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Kim Dotcom’s Extradition to the U.S. Given Green Light By New Zealand

TorrentFreak

More than twelve years have passed since Megaupload became the prime target in a high-profile law enforcement operation, which led to the collapse of Kim Dotcom’s file-storage empire. While time moved on, the New Zealand-based ‘Internet personality’ was still waiting to hear whether he would be extradited to the United States where a criminal prosecution is pending.

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3 Count: Christmas in August

Plagiarism Today

Mushroomhead vocalist sues over unpaid royalties, Kim Dotcom extradition moves forward and Mariah Carey wants lawsuit dismissed. The post 3 Count: Christmas in August appeared first on Plagiarism Today.

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Cox Asks Supreme Court to Protect Internet Subscribers from ‘Piracy Terminations’

TorrentFreak

Late 2019, Internet provider Cox Communications lost its legal battle against a group of major record labels, including Sony and Universal. Following a two-week trial, a Virginia jury held Cox liable for its pirating subscribers. The ISP failed to disconnect repeat infringers and was ordered to pay $1 billion in damages. Cox challenged the verdict through several routes and earlier this year booked a partial victory.

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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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One Bite at the Apple Where State and Federal Jurisdiction Is Concurrent

JD Supra Law

The US Court of Appeals for the Second Circuit upheld a federal district court’s dismissal of a case on res judicata grounds after a state court issued a decision on different claims but had concurrent jurisdiction over the claims alleged in the federal case. Beijing Neu Cloud Oriental Sys. Tech. Co. v. Int’l Bus. Machs. Corp., Case No. 22-3132 (2d Cir.

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Tips for a Smooth M&A Closing Part 1: Closing Checklists

Cogency Global

What this is : This article, the first in a 3-part series, provides an overview of key considerations for organizing your closing checklist during the preliminary due diligence phase, following the agreement on the general terms of an M&A deal. What this means : Creating a detailed closing checklist is a crucial early step in ensuring a successful merger or acquisition.

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Federal Circuit Affirms PTAB Rulings That Invalidated Most Claims Challenged by Google But Upheld Key ‘Targeted Ads’ Claim for B.E. Technology

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on August 14 issued a Rule 36 decision that affirms several Patent Trial and Appeal Board (PTAB) rulings relating to petitions brought by Twitter and Google. The PTAB held most claims of three B.E. Technology patents unpatentable, save for one arguably key claim that covers “real-time targeted advertising.

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Digital Rights, Digital Wrongs: The DMCA Lives On

JD Supra Law

The US Court of Appeals for the District of Columbia affirmed that the Digital Millennium Copyright Act’s (DMCA) laws against bypassing digital locks and distributing circumvention tools are designed to prevent piracy and are not unconstitutionally broad. Matthew D. Green, et al. v. United States Department of Justice, et al., Case No. 23-5159 (D.C.

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Philips' Fitness Tracker Patent Suit Is Back On Course

IP Law 360

The Federal Circuit on Thursday breathed new life into a patent suit by electronics giant Philips targeting fitness trackers made by Garmin.

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Technology Trends in Manufacturing and Associated Legal Risk Management: Driving Technological Advancement with an Ecosystem View 

JD Supra Law

The importance of building technology-driven manufacturing businesses with an ecosystem focus—i.e., a comprehensive view of the complex network of suppliers, partners, and customers in a market—emerged as a critical theme for the manufacturing sector in 2024. From software-defined vehicles to electrification to digital health, companies seeking to rapidly commercialize technologies are espousing the value of a network of partnerships.

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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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'What Is An NFT?': 9th Circ. Mulls Novel Bored Ape TM Fight

IP Law 360

A Ninth Circuit judge considering whether a trial court correctly found artists owe millions for ripping off trademarks on the Bored Ape Yacht Club nonfungible token collection questioned Thursday whether the NFT market is comparable to typical consumer markets, rhetorically asking, "What are we even talking about? What is an NFT?

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No parley for pirates: Federal Court (Canada) grants innovative remedy to combat sports piracy

JD Supra Law

In Rogers Media Inc et al v John Doe 1 et al, 2024 FC 1082, the Federal Court (Canada) (the Court) issued the first site-blocking judgment allowing the applicants to simultaneously protect live content in multiple sports leagues and events, and to extend protection over future content for which they can prove ownership without the need to file a new application.

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Texas Trio Willfully Stole Lewis Brisbois Name, Judge Says

IP Law 360

A Texas mediation service that named itself after BigLaw behemoth Lewis Brisbois Bisgaard & Smith LLP and told the firm to "come and take it" has infringed Lewis Brisbois' trademark and must its pay attorney fees from the bitter suit, which racked up over 300 docket entries in under two years, a Texas federal judge has ruled.

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Beyond the Podium: Technology & Fashion in Gymnastics

JD Supra Law

For the first time in history, Team USA’s gymnasts gathered on NBC’s “TODAY” Show to publicly unbox their team uniforms prior to competing in the 2024 Paris Olympics. Simone Biles, Suni Lee, Jordan Chiles, Jade Carey, and Hezly Rivera opened their personalized red boxes to reveal a star-spangled red, white, and blue leotard, bedazzled in up to 10,000 Swarovski crystals.

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Hytera Says Diligent Radio Retool Should Head Off Contempt

IP Law 360

Hytera Communications Corp. Ltd. says it should not be held in contempt for allegedly failing to pay Motorola Solutions royalties on mobile radios it redesigned after getting slapped with a trade secret theft verdict, arguing that evidence proves that Hytera redesigned its products "module by module, line by line.

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Invention is "on sale" even if it's a secret?

JD Supra Law

In a case involving the secret formula used to make the sweetener for Coke Zero, the manufacturer of the sweetener sought to patent the formula after first selling the artificial sweetener to Coca-Cola. While the manufacturer always kept the exact formula a secret, the Federal Circuit still said the sale of the end product (Ace-K sweetener) to Coca-Cola meant that the invention was being sold “publicly”.

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Illinois Becomes Second State to Ban Unauthorized Digital Replicas Created by Generative AI

IP Watchdog

Last week, Illinois Governor J.B. Pritzker (D) signed HB 4875 into law, enacting several changes to the state’s Right of Publicity Act to create a cause of action against parties creating unauthorized digital replicas of individuals with the use of generative artificial intelligence (AI) systems. Illinois is now the second state in the nation to pass legislation preventing the use of an individual’s image, likeness, or voice without consent, an issue that is also being targeted by legislation in

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Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

JD Supra Law

The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under the Copyright Act. Affordable Aerial Photography, Inc. v. Prop. Matters USA, LLC, Case No. 23-12563 (11th Cir. July 30, 2024) (Wilson, Grant, Lagoa, JJ.).

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Policy Considerations: The On-Sale Bar for Secret Processes

Patently-O

by Dennis Crouch In light of the Federal Circuit’s recent decision in Celanese v. ITC, it’s worth examining the policy implications of maintaining a strong on-sale bar that extends even to invalidate patents on secret processes when the resulting products have been commercialized. This rule is rooted in pre-AIA jurisprudence and is now affirmed under the AIA. 1.

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Not Just a Blip: Section 101 as Affirmative Defense

JD Supra Law

On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the claims were directed to an abstract idea and did not recite an inventive concept. Mobile Acuity, Ltd. v. Blippar Ltd., Case No. 22-2216 (Fed.

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The Obviousness-Type Double Patenting Saga Continues!

IP Intelligence

A later-filed, later-issued, earlier-expiring child patent cannot be used as an obviousness-type double patenting (ODP) reference against its first-filed, first-issued, later-expiring parent patent having a common priority date. That was the holding from the Federal Circuit in its recent decision in Allergan USA, Inc. v. MSN Lab’ys Priv. Ltd. , No. 2024-1061, 2024 WL 3763599 (Fed.

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Texas Patent Litigation Monthly Wrap-Up: June 2024

JD Supra Law

Universal Connectivity Tech. Inc. v. Dell Tech. Inc., 1-23-cv-01506 (W.D. Tex.), Dkt. No. 34, Report and Recommendation of Magistrate Judge Susan Hightower to Judge Pitman - A magistrate judge recommended denying defendant Dell Technologies, Inc.’s motion to dismiss in the Western District of Texas when Dell argued that pre-suit knowledge is a prerequisite for indirect infringement.

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Three Administrative Trademark Judges Added to TTAB Roster

The TTABlog

Chief Judge Gerard F. Rogers has announced the appointment of three Administrative Trademark Judges to the TTAB (see below). By my count, this brings the number of ATJs at the Board to thirty-one. Jessica D. Bradley started with the Board July 1. Judge Bradley has practiced in the field of intellectual property law for nearly 20 years. For most of her career, Judge Bradley was an IP litigator and represented clients in over 50 cases involving trademark and copyright issues in various federal dis

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Patent Case Summaries | Week Ending August 9, 2024

JD Supra Law

Mobile Acuity Ltd., v. Blippar Ltd., et al., No. 2022-2216 (Fed. Cir. (C.D. Cal.) Aug. 6, 2024). Opinion by Lourie, joined by Bryson and Stark. Mobile Acuity owns two patents directed to methods and devices relating to storing information so that it can be accessed using a captured image. According to the patents, in the prior art the desire to attach information to locations in the real world was achieved by using barcodes or RFID tags attached to real world objects or by associating.

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The Force Awakens – CGPDTM’s Recent actions on contractual staffs in Trade mark office

Selvam & Selvam Blog

The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality of orders and decisions made by the Trade Marks Registry over the past two years.

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Amazon’s Patent Enforcement Program Establishes Personal Jurisdiction

JD Supra Law

The Amazon Patent Evaluation Express (APEX) program offers patent owners a cost-effective way to address claims that third-party product listings are infringing on their utility patents. Under the APEX program, a third-party arbitrator assesses whether a product available on Amazon.com infringes a utility patent, leading to the removal of the listing if the article determines patent infringement.

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Sanction for improper handling of personal data

Olartemoure Blog

On August 6, the Superintendence of Industry and Commerce (“SIC”) imposed a fine of COP $190,547,400 on a consulting company that owns an application for validating money laundering and terrorism financing risks (“LA/FT”). Additionally, the SIC ordered the suspension of its personal data processing activities due to improper handling of information.

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Unbranded Brandy: COGNAC Certification Mark Matters, Even in Hip-Hop

JD Supra Law

The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark application filed by Cologne & Cognac Entertainment related to a hip-hop record label. Bureau National Interprofessionnel Du Cognac v.

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Nvidia Illegally Scraped Videos To Train AI, YouTuber Says

IP Law 360

Artifical intelligence technology titan Nvidia Corp. has been collecting millions of YouTube videos without creators' permission and using them to train its deep-learning AI software, according to a proposed class action filed Wednesday in California federal court.

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Federal Circuit Clarifies Requisite Analysis for Unclean Hands, Inequitable Conduct, Summary Judgement Determinations of Obviousness, and Awards of Fees and Costs

JD Supra Law

Luv N’ Care, Ltd. and Nouri E. Hakim v. Lindsey Laurain and Eazy-PZ, LLC, Nos. 2022-1905, 2022-1970 (Fed. Cir.

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Baker Botts, Sumner Schick $14M Fee Hit As 'Unreasonable'

IP Law 360

Baker Botts LLP and Sumner Schick LLP's request for $14.3 million in attorney fees plus $1.8 million in costs following their client Computer Sciences Corp.'s $168.4 million trade secrets verdict against Tata Consultancy Services is "facially unreasonable," the consulting firm told a Texas federal judge Wednesday.

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The Obviousness-Type Double Patenting Saga Continues!

JD Supra Law

A later-filed, later-issued, earlier-expiring child patent cannot be used as an obviousness-type double patenting (ODP) reference against its first-filed, first-issued, later-expiring parent patent having a common priority date. That was the holding from the Federal Circuit in its recent decision in Allergan USA, Inc. v. MSN Lab'ys Priv. Ltd., No. 2024-1061, 2024 WL 3763599 (Fed.

Patent 104
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Eminem Publisher Chided By Judge In Losing Spotify IP Fight

IP Law 360

A Tennessee federal judge on Thursday granted summary judgment to Spotify in a copyright infringement lawsuit brought by Eminem's music publisher, with the judge chiding the music publisher for using a "wait-and-sue strategy" to increase the potential damages owed by the music-streaming behemoth.

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Don’t Share Trade Secrets With Your Fiancé: A Cautionary Tale

JD Supra Law

The US Court of Appeals for the First Circuit largely affirmed a multimillion-dollar award against a temp agency for misappropriation of trade secrets and unjust enrichment due to its employee’s act of obtaining proprietary information from his fiancée, who worked at a competitor placement firm. BioPoint, Inc. v. Dickhaut, et al., Case No. 23-1575 (1st Cir.

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General data protection regulation in Colombia

Olartemoure Blog

On August 6th, 2024, a new bill was filed aiming to reform Colombia’s General Data Protection Regulation. This bill introduces several key aspects, including, but not limited to the establishment of new legal bases that legitimize data processing , the lawfulness of consent for minors over 16 years old, the limitation of data processing as a right, the reduction of the timeframe for reporting security incidents , and the right of data subjects not to be subjected to fully automated decisio