Thu.Sep 19, 2024

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Understanding the Darryll Pines Plagiarism Allegations

Plagiarism Today

The President of the University of Maryland, Darryll Pines, is the latest to be targeted with plagiarism allegations. Here's how serious they are. The post Understanding the Darryll Pines Plagiarism Allegations appeared first on Plagiarism Today.

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25 Tips from a Former USPTO Trademark Examiner

Erik K Pelton

The following is an edited transcript of my video 25 Tips from a Former Trademark Examiner. You might know that I’m a former examiner at the USPTO who reviewed trademark applications from the inside of the process. The following are some tips that are useful on the outside, but that one learns on the inside. You can contact the examiner by phone or email if you have a question or you want to discuss something, so you can always look up the examiner’s phone number or email.

Trademark 130
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3 Count: Pokemon with Litigation

Plagiarism Today

Nintendo sues Palworld developer, judge trims Office Depot's legal fees and Amazon joints the Motion Picture Association. The post 3 Count: Pokemon with Litigation appeared first on Plagiarism Today.

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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

Inventor 116
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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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Site Blocking Is Effective Worldwide Says New Report by IP House and DCA

The Illusion of More

Overseas and Out of Reach: International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to […] The post Site Blocking Is Effective Worldwide Says New Report by IP House and DCA appeared first on The Illusion of More

Reporting 106
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SpicyIP Tidbit: Delays, Lack of Manpower, Pending Applications- CGPDTM in Need of Institutional Reform

SpicyIP

Image from here In Tiger Foods Ingredients (P) Ltd. v. Registrar of Trademarks , the Madras HC was hearing a writ petition seeking a writ of mandamus for the Trademark Registry to expeditiously dispose of a name-change application ( Form TM P ). In this case, the application was filed on 05.07.2024 whereas the writ petition before the Court was filed on 11.08.2024.

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YouTube Unveils AI Detection Tools: Advancing ContentID for the AI Era

JD Supra Law

YouTube has announced a slate of new AI detection tools to enhance its ContentID system. The tools are designed to address the challenges posed by AI-generated content, which is becoming increasingly prevalent and sophisticated. The announcement coincides with industry-wide calls for more robust detection mechanisms as the lines between AI-generated and human-produced content continue to blur.

Design 77
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How High School Debate Led to My Career in Copyright Policy

Copyright Alliance

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. I was on my high school debate team for […] The post How High School Debate Led to My Career in Copyright Policy appeared first on Copyright Alliance.

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Federal Circuit Reverses § 101 Summary Judgment Of Invalidity, Holding That Describing Claims At High Level Of Abstraction And Untethered From The Claims’ Language All But Ensures That The Exceptions To § 101 Swallow The Rule

JD Supra Law

On September 9, 2024, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the U.S. District Court for the Northern District of California’s decision finding asserted claims invalid under 35 U.S.C. § 101. In 2015, Contour IP Holding LLC (“Contour”) sued GoPro, Inc. (“GoPro”), alleging that several GoPro products infringe certain claims….

IP 70
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101 Ways Not to Invalidate: Federal Circuit Rejects Sua Sponte Eligibility Ruling

Patently-O

by Dennis Crouch The Federal Circuit’s recent decision in Astellas v. Sandoz emphasized the importance of the “party presentation principle” — that, for the most part, courts should rely upon the parties to frame the issues that need a ruling. Visiting Delaware, Nebraska District Court Judge Bataillon had issued a sua sponte ruling that certain pharmaceutical patent claims were invalid under 35 U.S.C. § 101 — even though the defendant had not moved for such a rulin

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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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Counterfeiters Beware: Amazon Steps Up Efforts to Protect Brands

JD Supra Law

Amazon's Counterfeit Crimes Unit (CCU) has been pursuing legal action against sellers attempting to sell counterfeit products on the Amazon platform. CCU accuses these bad actors of obtaining improper trademarks and filing false infringement notices. CCU works directly with brands to identify and file lawsuits against those who infringe upon intellectual property rights.

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Nintendo, Pokémon Say 'Palworld' Maker Infringed Patents

IP Law 360

Nintendo and The Pokémon Co. announced Thursday that they filed a patent infringement suit in Japan against the video game company behind "Palworld," an open world adventure game featuring fluffy creatures wielding rocket launchers and assault rifles.

Patent 59
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Astellas Pharma, Inc. v. Sandoz Inc. (Fed. Cir. 2024)

JD Supra Law

One of the anticipated consequences of the Supreme Court's Loper decision is that it will unleash judges to impose their statutory interpretations of administrative agencies' applications of the law within their areas of purported expertise. Whether that outcome arises, (relatively) recent experience has shown that the "tyranny of the judiciary" can be and has been unleashed in other aspects of U.S. patent law; an example is the recent District Court decision.

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VIKA, the next chapter in publishing

Intellectual Property Office Blog

We talked to graphic designer, Victoria Forrest, founder of educational book creators VIKA Books about how and why she protected her IP.

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Patent Poetry: Jury Awards $30 Million in Artificial Eyelash Patent Case

JD Supra Law

A federal court jury in Texas has awarded more than $30 million in damages to woman-owned beauty start-up Lashify Inc. The jury found that Qingdao Lashbeauty Cosmetic Co., a Chinese company doing business as Worldbeauty, infringed three of Lashify’s lash technology patents.

Patent 70
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Mistrial Avoided In MGA's 3rd Round With T.I. In IP Saga

IP Law 360

A California federal judge declined to order a mistrial Thursday in the intellectual property dispute between MGA Entertainment and hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris, but he issued a curative instruction to jurors after MGA objected to statements made by an attorney for the Harrises.

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Trade Secrets to Be Subject to Export Controls Under House-Passed Bill

JD Supra Law

On September 9, 2024, the U.S. House of Representatives passed legislation that would expand the scope of the Export Control Reform Act of 2018 (ECRA) to include the protection of trade secrets. The one-sentence bill, which passed the House Foreign Affairs Committee unanimously and by voice vote in the full House, adds to ECRA a statement of policy that U.S. export control laws are intended to protect trade secrets related to controlled items or when the subject of economic espionage.

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Publishers Back Music Companies' Bid To Restore $1B Win

IP Law 360

Organizations that represent music publishers and songwriters urged the U.S. Supreme Court on Thursday to review a Fourth Circuit ruling that scrapped a $1 billion jury verdict against Cox Communications Inc. for ignoring online piracy, saying the three-judge appeal panel's conclusion "effectively immunizes internet service providers" from vicarious liability.

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Federal Circuit Provides Clarity On Proper Obviousness-Type Double Patenting References

JD Supra Law

In Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., the United States Court of Appeals for the Federal Circuit issued a precedential decision relating to obviousness-type double patenting (“ODP”) and patent-term adjustments. The Court held that a claim that is first-filed and first-issued, but later-expiring, cannot be found invalid under the ODP doctrine based on a later-filed, later-issued, but earlier-expiring reference claim that shares the same priority date with that of

Patent 68
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New Patent Legal Group Launches To Assist Inventors

IP Law 360

Patent experts, including a former Federal Circuit chief judge, former federal officials and current legal scholars, say a new advocacy organization they have formed will back smaller inventors against larger companies in patent fights.

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Internet Archive’s Free E-Book Lending Not Fair Use

JD Supra Law

Hachette Book Grp., Inc. v. Internet Archive, No. 23-1260, 2024 WL 4031751 (2d Cir. Sept. 4, 2024) - The U.S. Court of Appeals for the Second Circuit affirmed the district court’s ruling that nonprofit digital library Internet Archive (“IA”)’s practice of scanning entire books and lending the e-books for free was not considered fair use under Section 107 of the Copyright Act, and thus, infringed the Plaintiffs-Appellees Hachette Book Group’s (“Hachette”) copyrights in 127 fiction and.

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AndroGel Antitrust Case On Hold Amid Settlement Talk

IP Law 360

A Pennsylvania federal judge has agreed to pause a class action against Abbott and other drugmakers over allegedly sham patent cases, saying a settlement between the two sides may be in the works.

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Project W: It’s a Woman’s Game—How Women Are Changing the Face of Gaming

JD Supra Law

Women in the Project W community are changing the face of gaming by putting women in the C-Suite, making play safer and more inclusive, building community, and telling stories with strong female protagonists. By doing so, they are putting women at the forefront of the multi-billion-dollar gaming industry.

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Bills On Patent Eligibility, PTAB Limits Near Senate Markup

IP Law 360

Legislation aiming to reduce decisions finding inventions ineligible for patenting and restrict invalidity challenges at the Patent Trial and Appeal Board will likely be considered by the Senate Judiciary Committee next week, a sponsor of the measures said Thursday.

Patent 52
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WDTX Magistrate Judge Grants Stay Pending IPR Despite Alleged Delay Tactics by Defendant in Pre-Suit Negotiations

JD Supra Law

The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the parties, but also because the non-moving party failed to diligently file its lawsuit despite a protracted negotiations period.

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Michigan Judge Clears BMW Of Infringing Navigation Patent

IP Law 360

A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.

Patent 52
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USPTO Issues New Rules Governing MTA Practice and Procedures at PTAB

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced new rules governing amendment practice in trial proceedings under the America Invents Act (AIA), making certain provisions of the motion to amend pilot program (MTA pilot program) permanent.

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Blawg Review #2

Likelihood of Confusion

Originally posted 2014-03-19 13:12:23. Republished by Blog Post Promoter Welcome to the sophomore edition of the Blawg Review. We assume you have brought your sharpened, #2 lead pencils, your registration card, and a valise full of small, unmarked bills. So let’s begin with a some light stretching, shall we? First, let’s talk about what we’re […] The post Blawg Review #2 appeared first on LIKELIHOOD OF CONFUSION™.

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Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug

IP Law 360

A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.

Patent 52
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Participatory research and joint authorship/production of African datasets: Reflections on the African datasets split sheet

The IPKat

One of the key ways in which African communities (whether geographically bounded or bounded by common interests) are addressing the challenge of the low-resource nature of their languages in the machine learning and natural language processing space is through participatory research and open licensing of African [language] datasets arising from such research.

Music 74
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Bejin Bieneman Boutique Trio Joins Taft's Detroit IP Team

IP Law 360

Taft Stettinius & Hollister LLP has hired three attorneys from intellectual property boutique Bejin Bieneman PLC, including one of that firm's name partners, who have joined Taft's Detroit office, the firm announced this week.

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501(c)(4) Organizations: Is State Solicitation Registration Required?

Cogency Global

What this is: 501(c)(4) organizations often mistakenly believe they are exempt from charitable solicitation registration , particularly when fundraising nationwide. But like charities, they are usually required to register in their home state and when soliciting across state lines. What this means : This article aims to explore some of the state-specific nuances of 501(c)(4) organizations and their registration and filing requirements.

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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

IP Law 360

The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

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Pirate Video Hosting Domain of Fmovies ‘Mothership’ Makes Surprise Comeback

TorrentFreak

For years, Fmovies presented a major threat to Hollywood, one that seemed near impossible to defeat. The site’s operators were linked to dozens of popular pirate sites, generating billions of visits annually. While MPA’s anti-piracy flagship ACE tied the operation to Vietnam early on, effectively shutting it down took years. In addition to gathering intelligence, Hollywood’s diplomatic powers were required to force a breakthrough.

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DC Circ. Skeptical Of Copyrights For AI-Created Artworks

IP Law 360

A trio of D.C. Circuit judges appeared skeptical Thursday of arguments from an artificial intelligence inventor trying to copyright a painting by his AI system, questioning whether he is backing off his stance that his program created the art completely autonomously — the very reason the U.S. Copyright Office rejected his application.

Artwork 52