Tue.Jan 16, 2024

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What is Next for Claudine Gay, Neri Oxman and Academia

Plagiarism Today

As the Claudine Gay and Neri Oxman stories begin to wind down, we have to look at what's next for both of them and academia at large. The post What is Next for Claudine Gay, Neri Oxman and Academia appeared first on Plagiarism Today.

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25 Benefits of Trademark Registration

Erik K Pelton

Erik reviews the many perks of having a registered trademark in this podcast. The post 25 Benefits of Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Erik reviews the many perks of having a registered trademark in this podcast.

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3 Count: Third Try

Plagiarism Today

Film studios subpoena Reddit again, Gibraltar government turns down memorial design and Burnely co-owner hit with copyright takedowns. The post 3 Count: Third Try appeared first on Plagiarism Today.

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Generative AI: admissibility and infringement in the two US class actions against Meta’s LLaMA

Kluwer Copyright Blog

Image via Pixabay The two US class actions against Meta We have previously analysed US class actions against Open AI ( here ) and Google ( here ) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written

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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 Courts And AI Standing Orders: Safety Or Overkill?

IP Law 360

Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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JW Player Suffers Severe Traffic Loss After Dynamic Piracy Blocking Blunder

TorrentFreak

JW Player was born around 2005 as an open source project, taking its name from the initials of main developer, Jeroen Wijering. During the mid to late 2,000s, most people who consumed video online encountered JW Player at least once; before Google bought YouTube, JW Player was YouTube’s video player of choice. According to the GitHub repo for the non-commercial version of JW Player, it can now be found on two million sites with a combined 1.3 billion plays per month.

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WIPO for Creators Wants to Provide Higher Levels of Support through ‘CLIP’, a Public-Private Partnership

IP Close Up

A public–private partnership launched by the World Intellectual Property Organization (WIPO) and the Music Rights Awareness Foundation wants to provide musicians and other creators a Continue reading

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BREIN Takes Down Virtual Pirate Streaming Worlds on VRChat

TorrentFreak

Two decades ago, it was not uncommon for pirates to wait several days for a film or TV show to finish downloading. Times have changed. These days pirates can put on their VR headsets, join a virtual streaming world, and instantly stream their favorite new releases, all without paying. VR pirates currently operate in a relatively tight niche. The trend is expected to grow in the years to come but as pirates experiment with this new technology, anti-piracy groups are paying close attention too.

Cinema 98
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K&C Sports & Entertainment Law Weekly Roundup - January 2024 #2

JD Supra Law

A Florida State assistant coach has been suspended for the first three games of the 2024 season for violating recruiting rules by connecting a potential transfer with a representative from an NIL collective during an official visit, the NCAA announced on Thursday.

Law 78
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7th Circ. Won't Revive Contractor's Copied Document Copyright

IP Law 360

The Seventh Circuit has upheld an Illinois federal court's finding that financial services company William Blair & Co. didn't engage in copyright infringement of UIRC-GSA Holding's bond offering documents, stating that UIRC's paperwork was not eligible for protection because the government contractor copied it from a housing association.

Copying 81
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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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[Audio] NCAA Division I Council Approves New NIL Disclosure and Transparency Rules — Highway to NIL Podcast

JD Supra Law

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL.

Law 77
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In 2023, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?

The TTABlog

Yours truly, the TTABlogger , has once again taken on the unenviable task of estimating the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board in the past calendar year. I counted 219 decisions, of which 188 were affirmances and 31 were reversals. That's an affirmance rate of just under 85%. Only one of the opinions was designated precedential: the split decision regarding the mark IMPACT for various healthcare-related services. [ TTABlogged here ].

Designs 67
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Ustekinumab Antitrust Litigation

JD Supra Law

On December 7, 2023, a group of health insurers and health insurance administrators filed a class action complaint against Johnson & Johnson and Janssen Biotech, Inc. (collectively “J&J”) in the Eastern District of Virginia alleging that J&J “is unlawfully delaying the introduction of biosimilar competition for ustekinumab.”.

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Community Partner Spotlight: Undocumented Filmmakers Collective (UFC)

Copyright Alliance

Today, we turn the spotlight over to one of our Community Partners, the Undocumented Filmmakers Collective. The Undocumented Filmmakers Collective is a nonprofit that “tackles the systemic inequities that undocumented […] The post Community Partner Spotlight: Undocumented Filmmakers Collective (UFC) appeared first on Copyright Alliance.

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Dutch Supreme Court: Patentee not liable against health insurer for patent enforcement against generic

JD Supra Law

On 3 November 2023, the Dutch Supreme Court upheld the decision of the Court of Appeal of The Hague in which life sciences company AstraZeneca (“AZ”) was held not to be liable towards health insurer Menzis for the enforcement of a preliminary injunction against a generic company, while the patent was later found invalid.

Patent 66
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Former Patent Examiner Loses Discrimination Case

IP Law 360

A former federal patent examiner's suit claiming he was discriminated against was thrown out by a Virginia federal judge, who said the former employee didn't experience stereotyping based on race.

Patent 59
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Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

JD Supra Law

The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no substantive change in this modified version of the prior opinion where the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability.

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Matricide, Movies and Salinger

Dear Rich IP Blog

Dear Rich: I have written a play and movie script around a public matricide. I gained access to years of diaries, photos, and scrapbooks through a university's special collections library. The entire collection was placed on the curb for the trash collector in 1973 or 1974 but was then rescued and given to the library. I have read that the "change of ownership" of this collection is considered a publication.

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EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction

JD Supra Law

One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a patentee runs the risk of creating a basis for a declaratory judgment action for noninfringement. If the demand letter accuses the recipient of infringement, for example, the accused infringer can file a declaratory judgment action in a federal district court of its choosing, thus depriving the patentee of the ability to choose.

Patent 63
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Jury Awards $57M To Ravgen In Genetic Test Patent Row

IP Law 360

A Texas federal jury found Tuesday afternoon that genetic testing company Natera infringed a patent from rival Ravgen, awarding the Maryland-based biotech firm $57 million in damages, according to both parties.

Patent 59
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after experts excluded, slack fill class action fails

43(B)log

Krause-Pettai v. Unilever United States, Inc., F.Supp.3d -, 2023 WL 6429805, No. 20-cv-1672-AGS-BLM (S.D. Cal. Sept. 30, 2023) This case is about “nonfunctional slack fill,” or useless empty space, inside underarm-deodorant sticks. The court rejected the claim on summary judgment despite not finding it completely preempted. Both the FDCA and California’s Sherman Food, Drug, and Cosmetic Law set the same baseline requirements for drugs and cosmetics: an item is “misbranded” if “its labeling is fa

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PTAB Tosses 1 DigiMedia Patent Claim, Demurs On Another

IP Law 360

An administrative patent board panel has agreed to wipe out a single claim from a DigiMedia patent covering a way of compressing images, but determined that it was "impossible" to make a ruling on a different claim in the same patent.

Patent 59
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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

43(B)log

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases without addressing the First Amendment implications. In Andy Warhol Foundation v. Goldsmith, the Court upheld a ruling that Andy Warhol’s reworkings of Lynn Goldsmith’s photograph of the artist Prince into highly stylized silkscreens and d

IP 81
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Fed. Circ. Signs Off On 2 Comcast Wins In Patent Cases

IP Law 360

A pair of brief, unsigned rulings from the Federal Circuit on Tuesday quickly dispatched appeals over a pair of patents cited in a lawsuit against Comcast that dates to negotiations with a defunct audio recognition startup at the turn of the millennium.

Patent 59
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Prosecution Pointer 407

LexBlog IP

If a maintenance fee on a US patent has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated, a petition and proper fees are required. A petition to reinstate an expired patent must be submitted by a recognized party. Any petition to accept an unintentionally delayed payment of a maintenance fee must include: 1. the required maintenance fee set forth in § 1.20(e) through (g) 2. the petition fee as set forth in § 1.17(m) 3. a statement t

Patent 52
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Trader Joe's Trademark Suit Against Union Tossed

IP Law 360

A California federal judge has thrown out Trader Joe's trademark infringement suit against a union of its employees after finding that the complaint was clearly related to an already existing labor dispute between the popular grocery chain and its unionizing workers.

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Texas LLC Formation: 4 Privacy Considerations for Entrepreneurs

LexBlog IP

The first thing many founders/entrepreneurs think of when starting a new business is, “I need an LLC.” The establishment of a Limited Liability Company (LLC) in Texas can be a strategic maneuver for entrepreneurs and businesses aiming to leverage the benefits of limited liability and operational adaptability. In fact, a quick Google search will direct you to a myriad of websites offering step-by-step instructions, as well as online service companies offering to help you start an LLC

Privacy 52
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Co. Founders Can Keep $5.79M Award In Acquisition Fight

IP Law 360

A split Ninth Circuit panel on Tuesday confirmed a $5.79 million arbitration award for the founders of now-defunct chemical technology firm called Novoform Cos., ruling that an investor, film producer James G. Robinson, had taken inconsistent positions and engaged in litigation gamesmanship by flipping on where the case should be heard.

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Masimo tells CAFC that CBP Ruling for Apple Removes Danger of Irreparable Harm

IP Watchdog

Masimo’s legal team told the U.S. Court of Appeals for the Federal Circuit (CAFC) in a January 15 filing that the Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection has cleared a redesigned version of the Apple watches that were banned by the International Trade Commission (ITC) in late October. The CBP’s decision has not been made public.

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Apple Rips ITC, Masimo In Bid To Keep Original Watch On Sale

IP Law 360

Apple urged the Federal Circuit on Monday to let it keep selling Apple Watches with a blood oxygen monitor found by the U.S. International Trade Commission to infringe Masimo's patents, saying arguments for an import ban by the ITC and Masimo are "procedurally improper" and "fundamentally unfair.

Patent 52
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Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 3 of 4)

LexBlog IP

This third part of our four-part series on using synthetic data to train AI models explores the interplay between synthetic data training sets, the EU Copyright Directive and the forthcoming EU AI Act. EU Copyright Directive : Can synthetic data adequately mitigate the IP infringement risks associated with the use of “real-world data” in training AI models under the EU Copyright Directive?

IP 52
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Fed. Circ. Won't Elaborate On Gaming Co.'s PTAB Concerns

IP Law 360

The Federal Circuit closed out an intense argument about whether it had jurisdiction to review a particular Patent Trial and Appeal Board institution decision, and whether the board's structure was constitutionally flawed, by affirming the underlying decision Tuesday without further comment.

Patent 52
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Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

LexBlog IP

The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no substantive change in this modified version of the prior opinion where the majority held that the Trademark Trial and Appeal Board lacked the power to cancel a trademark registration based on fraud in a declaration of incontestability.

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The Managing Metadata Series: Stage 3 – Research & Authoring

Velocity of Content

This is the third in a series of blog posts in which CCC shares our analysis, undertaken with Media Growth Strategies , of metadata management across each stage of the research lifecycle with the scholarly community to spark dialogue and drive action. Our first blog in this series looked at the metadata challenges that researchers and other stakeholders face during the idea development and proposal preparation stages.

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Trade Secrets: Modeling and Quantifying Risk Probabilities

IP Watchdog

Being able to quantify risk probabilities for a trade secret helps owners make strategic decisions in intellectual property management, such as choosing the type of intellectual property protection, considering opportunities for M&A, licensing, and improving the reliability of protection. As a result, this quantification enables the extraction of more value from intellectual property, particularly when managing middle- and large-sized IP portfolios.