Plagiarism Today
JANUARY 25, 2024
When retracting an article for plagiarism, many journals will bend over backwards to avoid saying the p-word. Here's some great examples. The post My Favorite Euphemisms for Plagiarism appeared first on Plagiarism Today.
Hugh Stephens Blog
JANUARY 25, 2024
Photo by author: Revelstoke Railway Museum A lot of discussion recently has revolved around AI technology and its impact on artistic, musical, and literary creators. This is an evolving and important issue. However, for this week’s blog, I am going to go back to an earlier technology, photography, and look at its connection to creativity … Continue reading "We all Remember the Iconic Photo of the Last Spike, but Who was the Photographer?
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Plagiarism Today
JANUARY 25, 2024
Kat Von D takes the stand in tattoo trial, publishers respond to Anthropic and beIN gets more domains banned in France. The post 3 Count: Fan Art appeared first on Plagiarism Today.
Erik K Pelton
JANUARY 25, 2024
The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration Of all of these tips that I’ve given—probably hundreds over the years—there’s one that is far and away the most important when applying for trademark registration. And it’s simple. Even though I give away so much advice about trademark applications, office actions, and the registration process, the number one tip is to work with a trademark attorney.
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?
TorrentFreak
JANUARY 25, 2024
The Oscars are the most anticipated movie awards show of the year, as the elusive statue is widely regarded as Hollywood’s highest accolade. The winners are selected by Academy members following extensive screening sessions. In the past, copies of advance screeners leaked en masse, creating an annual bounty hunt for online pirates. OscarTorrents… The troubling relationship between the Oscars and pirates reached a peak in 2007 when The Pirate Bay promoted an alternative voting process
JD Supra Law
JANUARY 25, 2024
On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et al., 143 S. Ct. 1243 (2023). In Amgen, the Supreme Court unanimously held that claims drawn to a genus of monoclonal antibodies, which were functionally claimed, were invalid due to a lack of enablement.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Olartemoure Blog
JANUARY 25, 2024
If you own IP in Colombia or abroad and are seeking financing and cash for your projects or company, this article is for you. Intellectual property (IP) is an increasingly important asset for businesses in today’s knowledge-based economy. IP assets, such as patents, trademarks, and copyrights, can be used to generate revenue, enhance brand value, and protect against competition.
SpicyIP
JANUARY 25, 2024
Template from Nokia’s timeless “hands” commercial (see here ) In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. Though the terms of the agreement have not been made public, as reported by Sukanya Sarkar here (paywalled) the agreement brings an end to the patent disputes between the parties in Germany, France, the Netherlands, India, China, the UK and five ot
Velocity of Content
JANUARY 25, 2024
This article originally appeared in IPWatchdog and is re-published with permission. “Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.
IP Law 360
JANUARY 25, 2024
The former director of government sales for a major pharmaceutical company alleged in a retaliation lawsuit that he was fired for voicing concerns about the business illegally selling a drug to federal health care providers by marketing it for uses that aren't approved by regulators.
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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.
Technology & Marketing Law Blog
JANUARY 25, 2024
by guest blogger Kieran McCarthy Whether it is by accident or because of who he is, Judge Edward Chen of the Northern District of California has a way of finding himself at the center of the most important cases in the world of web scraping. He presided over the famous hiQ Labs v. LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation.
IP Law 360
JANUARY 25, 2024
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
SpicyIP
JANUARY 25, 2024
Image from here In Novartis AG v. NATCO , the DB of DHC had to determine the “extent of engagement of pre-grant opposition in the course of proceedings initiated by Controller requiring the applicant for a patent to amend or modify the application, the complete specification thereof or any other related document”. In other words, whether the pre-grant opponent has a ‘right to hearing’ during the “examination” process.
IP Law 360
JANUARY 25, 2024
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
43(B)log
JANUARY 25, 2024
At the Berkeley Tech LJ: ABSTRACT The European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. It uses size-based tiers to delineate the different levels of obligation imposed on various services. Despite the tiers of regulation in the DSA, and very much in its copyright-specific companion Article 17, it’s evident that the broad contours of the new rules were written with insufficient attention to variation.
IP Law 360
JANUARY 25, 2024
The U.S. International Trade Commission has declared that a group of companies based out of China and other countries have flouted federal law by importing products like digital televisions that infringe a U.S. patent.
JD Supra Law
JANUARY 25, 2024
Is IP protection a consideration for you when choosing tech opportunities to back? Recently, on the Fast Growth Funding podcast, I spoke to Keegan Caldwell, Founder of Caldwell, a multi-disciplinary law firm serving high-growth technology and life sciences companies. In this blog, we’ll share some of Keegan’s insights on why startups need to protect their intellectual property at the very early stages and how this can help you mitigate risks, and get more value for your money as an investor.
IP Law 360
JANUARY 25, 2024
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past two weeks that you might've missed, including questions over pleading standards, the correct obviousness test to apply in patent disputes, whether Americans with Disabilities Act retaliation plaintiffs are entitled to jury trials, and how the government should prosecute spoofing.
JD Supra Law
JANUARY 25, 2024
PersonalWeb—the third appeal from a multidistrict litigation involving alleged infringement of PersonalWeb’s patents—addressed two issues: (1) whether the district court abused its discretion in finding the case exceptional under 35 U.S.C. § 285 and (2) whether the district court erred in calculating an award of attorneys’ fees. The court held that the district court did not abuse its discretion in either respect.
IP Law 360
JANUARY 25, 2024
The artists accused of ripping off the Bored Ape Yacht Club non-fungible token collection have been ordered to pay creator Yuga Labs more than $7 million in attorney fees and costs, despite their concerns that Yuga's counsel at Fenwick & West LLP overbilled in the case.
JD Supra Law
JANUARY 25, 2024
In recent years, the forms of trademark infringement have become more and more diverse. The Trademark Law, the Regulations for the Implementation of the Trademark Law and judicial interpretations have clearly stipulated that misleading the public by using a sign identical with or similar to another person's registered trademark as an enterprise trade name, product name or product decoration on the same or similar goods shall constitute trademark infringement.
The IPKat
JANUARY 25, 2024
By decision of 24 January 2024 ( T-537/22 ), the General Court of the European Union (GC) confirmed the validity of the Registered Community Design (RCD) by Lego A/S (Lego) “Building blocks from a toy building set” by stating that an RCD is invalid only if all its features are excluded from protection. In the case at issue, some of the invalidity arguments filed by the company Delta Sport Handelskontor GmbH (Delta) concerned only one of the features relied on by the European Union Intellectual P
JD Supra Law
JANUARY 25, 2024
Compulsory licensing is a practice that allows a third party to produce or use a patented product or process without the consent of the patent owner. The practice may be implemented to ensure patent owners are utilizing the technology in which they were granted exclusive rights.
The IPKat
JANUARY 25, 2024
In a recent decision ( C-361/22 ) on the scope of the referential use exception in respect of trade mark infringement , the EU Court of Justice (the Court) clarified that the exception was extended by Directive 2015/2435 (the 2015 TM Directive), as it previously applied only where the use was necessary to indicate the intended purpose of a product or service.
JD Supra Law
JANUARY 25, 2024
Cellect owned four patents with claims that were found unpatentable by the PTAB in ex parte reexaminations for obviousness-type double patenting. The patents were granted Patent Term Adjustment (“PTA”) for the Office’s delay during prosecution pursuant to pre-AIA 35 U.S.C. § 154(b). The four patents claimed priority to a fifth Cellect patent—the ’036 patent—which was the only member of the patent family that did not receive a grant of PTA.
LexBlog IP
JANUARY 25, 2024
This month’s issue of Ping® highlights some trends in digital advertising. On June 29th, 2021, Illinois passed a Name, Image, Likeness (NIL) law for their colleges and institutions allowing a student-athlete to earn compensation commensurate with market value while enrolled at a postsecondary educational institution, and obtain and retain a certified agent for any matter or activity relating to such compensation.
JD Supra Law
JANUARY 25, 2024
In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van Gogh’s The Starry Night, into the RAGHAV AI Painting App, then selecting the intensity of a style filter did not constitute more than de minimis creative human expression, preventing the work from achieving copyright protection.
IP Law 360
JANUARY 25, 2024
The Patent Trial and Appeal Board has invalidated all challenged claims of an Asetek Danmark A/S computer cooling system patent, handing a win to patent challenger ShenZhen Apaltek Co. Ltd.
JD Supra Law
JANUARY 25, 2024
Artificial intelligence raises various novel legal questions about data privacy, bias in outputs, cybersecurity, and ethics, among other topics. In 2023, however, intellectual property concerns associated with artificial intelligence took center stage. In the last year, at least twelve lawsuits have been brought against generative AI companies raising copyright infringement and related claims.
IP Law 360
JANUARY 25, 2024
IPwe, a patent trading platform operator, is petitioning for Chapter 11 protection in Delaware with about $7.2 million in debt, a significant portion of which is held by IBM, citing an inability to adapt to changing market conditions, prolonged software sales cycles and difficulties in securing additional equity capital.
JD Supra Law
JANUARY 25, 2024
CyWee Group Ltd. v. ZTE (USA), Inc., et al., No. 2021-1855 (Fed. Cir. (PTAB) Jan. 18, 2024). Opinion by Prost, joined by Hughes and Stoll. ZTE filed an IPR petition challenging certain claims in a patent owned by CyWee. Later, LG Electronics filed an IPR petition and moved to join ZTE’s ongoing IPR. LG premised its motion for joinder on several limitations, including that it would “act as a passive ‘understudy’ and would not assume an active role unless ZTE ceases to participate in the.
IP Watchdog
JANUARY 25, 2024
Filings began picking up again this week after a slow start in the new year in both the Patent Trial and Appeal Board (PTAB) and district courts. The PTAB had a busy week with 31 new filings—one Post Grant Review (PGR) and the rest Inter Partes Reviews (IPRs). Nearly half of all new PTAB filings came from just two entities: Apple and Neurent Medical.
JD Supra Law
JANUARY 25, 2024
Trademark litigants should heed the cautionary tale in this case – develop your arguments or risk waiving them. The United States Court of Appeals for the Federal Circuit continued its recent scrutiny of the practices of the Trademark Trial and Appeal Board in a non-precedential opinion issued November 22, 2023, regarding American Marriage Ministries’ challenge to the Universal Life Church’s “GET ORDAINED” trademark application based upon the alleged lack of distinctiveness and possibly failure.
IP Watchdog
JANUARY 25, 2024
The World Intellectual Property Organization is Seeking a Senior Director, PCT Legal and International Affairs Department, Patents and Technology Sector. The post is in the PCT Legal and International Affairs Department of the Patents and Technology Sector. This Department is responsible for the development of policies and the provision of strategic direction to preserve and strengthen the role of the PCT as the central node in the international patent system, and to support the PCT system stake
JD Supra Law
JANUARY 25, 2024
On January 18, 2024, the USPTO rejected a "contingent" terminal disclaimer filed by Acadia Pharmaceuticals Inc. (Acadia) for a patent it owns that is being challenged in a pending litigation as invalid for obviousness-type double patenting.
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