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Two recent scandals, one involving Lionsgate films and the other involving Elon Musk, have highlighted why citation is important for readers. The post Megalopolis, Elon Musk and the Importance of Citation appeared first on Plagiarism Today.
The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given that a robust customer review system is crucial to modern e-commerce business models. In fact, studies have shown that a one-star rating increase in a product review can result in as much as a 26% increase in sales.
Anthropic tries to avoid injunction, fashion firms fight over shoes in Denmark and several major anime pirate sites go dark. The post 3 Count: Fashionable Copyright appeared first on Plagiarism Today.
On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of misappropriation of trade secrets, it sent the case back to the trial court for a new trial on both liability and damages due to procedural errors identified by the Court of Appeals.
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?
An Illinois federal judge has revived a 7-year-old judgment she entered against a farmer who allegedly prevented a farm from collecting some of its patented Monsanto soybean seed crops planted on the farmer's land and sold them for himself without permission.
Takeaways: 1. ODP in reexamination and reissue remains unpredictable despite Allergan 2. Patent Owners should carefully review ODP rejections to ensure they are proper Obviousness-type double patenting (ODP) is a legal doctrine intended to prevent the unjustified extension of a patent term through prosecution gamesmanship. Yet, it has become a strong weapon in reexamination practice.
Last week, a magistrate judge in the Eastern District of New York issued a report and recommendation supporting the entry of default judgment and a permanent injunction against 85 corporate and individual defendants sued by U.S. medical device company Abbott Laboratories. While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the de
Last week, a magistrate judge in the Eastern District of New York issued a report and recommendation supporting the entry of default judgment and a permanent injunction against 85 corporate and individual defendants sued by U.S. medical device company Abbott Laboratories. While the report recommended denial of Abbott’s motion for prejudgment interest, the magistrate judge found that enhanced damages totaling more than $54 million should be awarded to Abbott for loss of goodwill following the de
Back in May 2023, Alnylam brought suit against Pfizer and BioNTech in the District of Delaware, alleging infringement of patents directed to vaccine lipid nanoparticle technology. On August 12, 2024, Chief Judge Connolly issued a memorandum opinion construing the claim term “vaccine” in one of the asserted patents (U.S. Patent No. 11,590,229).
The U.S. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today upheld two district court judgments for Apple, Inc. that found Wisconsin Alumni Research Foundation (WARF) had 1) abandoned its doctrine-of-equivalents theory (“WARF I”) and 2) that a second suit claiming infringement of the same patent via next-generation Apple products was barred by the previous decision (WARF II).
Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for Rehearing - In a recent precedential decision, the U.S. Court of Appeals for the Federal Circuit upheld the PTAB decision that all claims of U.S.
Montera v. Premier Nutrition Corporation, F.4th -, 2024 WL 3659589, No. 22-16375, 22-16622 (9 th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state court, but they can be brought in federal court. Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%.
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.
On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released a draft of the Anti-Monopoly Guidelines for the Pharmaceutical Sector (hereinafter referred to as the “AMGP”) for public comment. The AMGP is intended to supersede the Anti-Monopoly Guidelines for the Active Pharmaceutical Ingredient (API) Sector (hereinafter referred to as the “API Guidelines”) enacted in 2021, which focuses on the regulation of monopolistic behaviors in the API sector of chemical drugs.
Pacira Biosciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-5552-CMC, 2024 WL 3656489 (D.S.C. Jul. 15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. Exparel is “bupivacaine suspended in multivesicular liposomes,” and is injected at a surgical site during or shortly after surgery to manage and reduce post-surgical pain.
Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several companies that seek to enforce their intellectual property rights including Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit.
The parties to this opposition proceeding filed cross-motions for summary judgment but stipulated that the Board could decide the case on the merits based solely on the summary judgment papers, including resolution of any genuine disputes of material facts. The Board treated these stipulations as an agreement to go forward under the Accelerated Case Resolution (ACR) procedure.
The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI technologies. Approximately a year and a half ago, artists filed a lawsuit against these platforms, asserting that their works were unlawfully used to train AI-based image generation systems.
California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.
Takeaways: 1. Nontraditional and unique issue petitions are common for patent owners to properly prosecute reexamination proceedings. 2. Well-drafted petitions influence outcomes and preserve PTAB, District Court, and/or Federal Circuit review. Because ex parte reexamination proceedings are unique, issues of first impression, fact patterns that do not quite fit within the rules or prescribed Manual of Patent Examination Procedure (MPEP) guidance, and situations that demand reconsideration.
The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.
These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June 11, 2024, file no. X ZB 5/22) on this topic.
A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.
The Federal Circuit’s decision in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., has garnered significant attention, especially concerning the application of the “safe harbor” provision under 35 U.S.C. § 271(e)(1). The Federal Circuit’s ruling, and the subsequent denial of Edwards’s petition for rehearing en banc, underscores the breadth of the safe harbor, putting to bed the question of whether “solely” means “only” in the context of the safe harbor.
CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.
Historically, the Olympic Games rank high as one of the most effective international marketing platforms in the world, reaching billions of people in more than 200 countries and territories across the globe. The International Olympic Committee (IOC), the governing body of the Olympics, capitalizes on this marketing opportunity to support the staging of the Olympic Games and to promote the development of sports worldwide by distributing more than 90 percent of its revenues to organizations.
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
The Patent Trial and Appeal Board has denied institution of an inter partes review for a design patent in part because the petitioner failed to show that three asserted references qualified as prior art. Specifically, the PTAB ruled that images of a boot design taken from a website after the critical date, coupled with evidence that the design was on sale before the critical date, was insufficient to establish the design as prior art.
The Federal Circuit said Wednesday that a Japanese company that makes power drills can't force the U.S. International Trade Commission to finish adjudicating a patent case from a rival after the infringement allegations were dropped.
The College of Patent Agents & Trademark Agents (CPATA) recently issued an alert regarding a surge in fraudulent emails targeting trademark owners. As is typical of these “phishing” scams, the emails often pressure recipients to act quickly or face severe consequences. These phishing scams are becoming increasingly sophisticated, leveraging public records to appear legitimate and convincing recipients to make payments, or reveal sensitive information.
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
Just a quick pro tip this week - You know the importance of a strong network. I won’t belabor that point. Instead, this is your friendly reminder to make it a weekly task to stay in touch with your network. That can be through a social media post, attending an event, speaking on a panel, scheduling a few lunches/coffees/happy hours or just sending a few check-in emails.
End-payor plaintiffs asked a New Jersey federal judge Tuesday to give final approval of a $35 million settlement resolving their antitrust claims against Pfizer over the cholesterol medication Lipitor.
When you’re on the sell side of a M&A transaction, your biggest role in the between LOI and closing is to gather and provide information requested for buyer diligence. Diligence is the process by which the buyer will review the assets, liabilities, and other circumstances of your company to ensure that there is support for the purchase price. In other words, the diligence process is where the seller is called on to prove out the value of the company.
Two China-based online vendors that sell clipboard products on Amazon.com have sued rival clipboard supplier MedInfo Inc. in federal court, saying the Colorado-based clipboard distributor put their business at risk by falsely reporting to Amazon they were infringing a MedInfo patent.
by Dennis Crouch In a significant ruling that underscores the importance of strategic litigation planning in patent cases, the Federal Circuit has affirmed a district court’s judgment barring Wisconsin Alumni Research Foundation (WARF) from pursuing doctrine of equivalents infringement claims against Apple after the patentee’s failed bid to show literal infringement.
As artificial intelligence becomes increasingly integrated into business operations, companies must carefully evaluate vendor contracts involving AI technologies.
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