Tue.Aug 20, 2024

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My Big Piece of Advice for Students on Plagiarism in 2024

Plagiarism Today

For students returning to school worrying about plagiarism, I have a simple piece of advice: Learn the warning signs. The post My Big Piece of Advice for Students on Plagiarism in 2024 appeared first on Plagiarism Today.

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Why the USPTO Trademark Registration Process Is A Long and Winding Road

Erik K Pelton

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. It’s also full of bumps, potholes, detours, wrong exits, and toll booths.

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3 Count: And Another One…

Plagiarism Today

Authors file lawsuit against Anthropic, Kanye West settles another lawsuit and Homicide: Life on the Streets finally comes to streaming. The post 3 Count: And Another One… appeared first on Plagiarism Today.

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“The Pirate Bay” TV Series Teaser Appears Online

TorrentFreak

The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. While most pirate site operators hid in the shadows, Pirate Bay’s founders were public figures who openly taunted the entertainment industries. This chapter didn’t end as planned for Fredrik Neij, Peter Sunde, and Gotffrid Svartholm, who were eventually sentenced to prison.

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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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ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

JD Supra Law

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorney's ethical use of Generative AI (GAI) tools with a formal ethics opinion entitled "Generative Artificial Intelligence Tools." The ABA opinion highlights many of the same ethical rules as the previous guidance, opinions, and reports, but from a different perspective.

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[UPCKat] UPC asserts its jurisdiction in parallel patent proceedings in Mala v Nokia dispute

The IPKat

One of these things looks like the other. The UPCKat team is back covering an order which saw the Paris Central Division foraying into the wonderful world of EU regulations, namely Regulation (EU) No 1215/2012 (recast) , to determine whether it had jurisdiction when there were parallel German proceedings pending for the same patent (spoiler alert – the Paris CD decided it did).

Art 107

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Kakao Reveals Anti-Piracy Successes, Legal Action Against Major Manga Sites

TorrentFreak

For companies reliant on sales of digital products delivered via the internet, any level of success is likely to face not just unlicensed competition, but rivals offering identical products with a price tag marked ‘free’ How to tackle this threat depends on the product, the audience, and the location and nature of pirate sites and services active in the niche.

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Why Every Content Creator Needs a Lawyer: How to Protect Your Brand and Build a Successful Internet Business

JD Supra Law

As a content creator, your brand is your livelihood. You work tirelessly to create engaging content, build your audience, and attract partnerships with brands. But amidst the creativity and hustle, there’s one critical aspect many content creators overlook— legal protection.

Brands 113
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Bypass Paywalls Clean Shut Down For DMCA Anti-Circumvention Violations

TorrentFreak

For many traditional newspapers reliant on sales of a physical product, the rise of the internet as an integrated publishing, distribution, and content consumption platform, disrupted almost everything. With new opportunities came new challenges. Popularity of free-to-consume digital versions had a tendency to cannibalize print sales. Advertising revenue that once kept digital publications online, later began to diminish.

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Latest Federal Court Cases - August 2024 #3

JD Supra Law

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be used for an obviousness-type double patenting (ODP) rejection for another of the applicant’s patent applications. Ultimately, the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated under ODP by a later-filed, later-issued, but.

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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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A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

IP Law 360

The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

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Key Considerations in AI-Related Contracts

JD Supra Law

Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial intelligence (AI) products and services, companies using these products and services need to negotiate contractual provisions that adequately address the unique issues they present.

Contracts 112
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These Firms Have The Most Women In Equity Partnerships

IP Law 360

The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

Law 98
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Federal Circuit Holds That America Invents Act Does Not Affect On-Sale Bar To Patentability

JD Supra Law

In Celanese Int’l Corp. v. ITC, the Federal Circuit addressed whether the America Invents Act (“AIA”) changed the on-sale bar such that the sale of a product made using a secret process would no longer invalidate later-sought claims on that process.

Invention 111
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Amazon Stuck With $525M IP Loss, Plus $148M In Interest

IP Law 360

An Illinois federal judge on Tuesday refused to disturb a jury's $525 million verdict in favor of software company Kove IO Inc. in a dispute with Amazon over cloud data storage patents, rejecting Amazon's argument that there wasn't enough evidence and holding that Kove is entitled to roughly $147.7 million in prejudgment interest.

IP 98
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AI News Roundup – China looking to set global AI standards, reconstruction of ancient writings, growth of AI summarization, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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The Big Issues A BigLaw Associates' Union Could Address

IP Law 360

A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

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Bully for You: Cannabis Company Fails to Adequately Plead “Trademark Bullying” Defense Says the TTAB

JD Supra Law

In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) found that Door Dash, Inc. (“Door Dash”) was merely doing what all trademark owners must do—protect their valuable rights. Door Dash, Inc. v. Greenerside Holdings, LLC, Opp. No. 91285160 (TTAB 2024). The Board struck the affirmative defense of “trademark bullying” because a cannabis company did not properly plead it.

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Anthropic Sued by Class of Authors for ‘Largescale Theft of Copyrighted Works’

IP Watchdog

Journalists and book authors Andrea Bartz, Charles Graeber and Kirk Wallace Johnson have filed suit against generative artificial intelligence (AI) company, Anthropic, on behalf of a class of plaintiffs in the U.S. District Court for the Northern District of California – San Francisco Division, alleging widespread copyright infringement of “hundreds of thousands of copyrighted books.

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Food and Beverage Litigation and Regulatory Update | Issue 824

JD Supra Law

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend all registrations of the pesticide dimethyl tetrachloroterephthalate (also known as DCPA or Dacthal) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

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Federal Circuit Points to Prosecution History in Reversing District Court’s Indefiniteness Holding for Samsung

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday reversed and remanded the Western District of Texas district court’s decision that Claim 1 of Neonode’s patent for a tablet display was indefinite. Neonode sued Samsung Electronics for infringement of its U.S. Patent No. 8,095,879 and the district court ultimately said it found itself presented with “three equally competing interpretations of what” claim 1 means.

Patent 80
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Federal Circuit Overrules ODP Rejection of Parent Patent Based on In re Cellect

JD Supra Law

In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term adjustment (PTA) due to delays by the Patent Office during prosecution cannot be invalidated for obviousness-type double patenting (ODP) by a later-filed, later-issued child patent that receives less, if any, PTA, and expires earlier.

Patent 102
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Current Roster of TTAB Administrative Trademark Judges

The TTABlog

With the retirements of Judges Bergsman and Wolfson, the passing of Judge Hudis, and the addition of six judges this year, the Board’s membership now stands at thirty-one (31) Administrative Trademark Judges. The current roster is set forth below, beginning with Chief Judge Gerard F. Rogers and then proceeding alphabetically. Rogers, Gerard F. (Chief Judge): Appointed to TTAB in 1999.

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Eye on IPRs, July 2024: Impact of the End of Chevron on USPTO; PTAB Filings Are Up; and More

JD Supra Law

Every month, Erise’s patent attorneys review the latest inter partes review (IPR) cases and news to bring you the stories that you should know about: What Does the End of Chevron Deference Mean for the USPTO? In June, the U.S. Supreme Court issued a decision in Loper Bright Enters. v. Raimondo, overturning its 1984 decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and what became known as Chevron deference by courts to permissible interpretations of law by administrative.

IP 98
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Mid-Year 2024 Update: U.S., EPO, and Chinese Software-Related Patent Grants Remain Steady

IP Watchdog

As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, 2023, and February 2024, the tenth anniversary of the U.S. Supreme Court’s Alice Corp. v. CLS Bank decision has just passed. Yet, there is still no end to the debate over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 76 years ago by then-Supreme Court Justice Douglas in Funk Bros

Patent 69
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4 Key Takeaways - Trade Secret Update: 2024 Legal Developments and Trends

JD Supra Law

Kilpatrick partners Joel Bush and Michele Floyd recently presented at the 20th annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Trade Secret Update: 2024 Legal Developments and Trends.” This session provided an overview of some recent trade secret decisions, a preview of consequential decisions expected in 2024, and trade secret best practices.

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Government Opposition to Chestek’s Cert Petition

Patently-O

by Dennis Crouch The U.S. Solicitor General has filed the Government’s opposition to Chestek PLLC’s petition for a writ of certiorari in a case challenging the USPTO’s authority to implement certain procedural rules without notice-and-comment rulemaking. The case has has significant implications for the agency’s regulatory powers.

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Federal Circuit Preserves PTA For Patent Family Patriarch

JD Supra Law

In its most recent decision addressing the complicated interplay between Patent Term Adjustment (PTA) and obviousness-type double patenting (OTDP), the Federal Circuit ruled that a first-filed, first-issued parent patent awarded PTA cannot be invalidated for OTDP in view of a later-filed, later-issued child patent that expires earlier because it did not earn PTA.

Patent 96
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Understanding Stock Companies in Colombia

Olartemoure Blog

Colombia has many different types of stock companies of which there are two main ones, widely used in the country. These are Simplified Joint Stock Companies (S.A.S. by its acronym in Spanish) and Joint Stock Companies (S.A. by its acronym in Spanish). In this article we will briefly describe each one of them and point out their main differences, so you can decide which one is a better fit for your business plan in Colombia.

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White Collar Quarterly Report - August 2024

JD Supra Law

In 2023, the number of federal corporate prosecutions remained far below the 25-year average after two consecutive years of increases.The DOJ’s Fraud Section secured just $690 million in penalties across eight corporate resolutions in 2023, marking the first time total fines dipped below $1 billion since at least 2015. However, convictions at trial remain historically high despite dropping year-over-year.The U.S. government and whistleblowers were parties to a record 543 False Claims.

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Harness the Transformative Power of AI Across Your Organization while Remaining Copyright Compliant

Velocity of Content

In a 2024 McKinsey study , 65% of respondents said that their organizations are routinely using generative artificial intelligence (AI) in at least one business function. Clearly, AI is poised to have a significant impact on industries around the globe, offering unprecedented opportunities to enhance efficiency, productivity, and innovation. Corporations can leverage AI to streamline operations, improve decision-making, accelerate research and discovery, and foster a culture of continuous improv

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Trademark Fundamentals: Likelihood of Confusion

JD Supra Law

A core concept in trademark law that every startup founder should understand is “likelihood of confusion.” This legal standard plays a pivotal role in both trademark registration and enforcement. It’s essential for protecting your brand and ensuring that your trademark does not infringe on existing trademarks. This article will explain what likelihood of confusion means, how it is determined, and why it matters for your business.

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OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict

IP Law 360

Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive.

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Pharmacyclics LLC v. Alvogen Pine Brook LLC - Imbruvica® (Ibrutinib)

JD Supra Law

Case Name: Pharmacyclics LLC v. Alvogen Pine Brook LLC, Civ. No. 19-434-CFC, 2024 WL 1885677 (D. Del. Apr. 30, 2024) (Connolly, J.) - Drug Product and Patent(s)-in-Suit: Imbruvica® (ibrutinib); U.S. Patents Nos. 8,008,309 (“the ’309 patent”), 8,754,090 (“the ’090 patent”), 9,655,857 (“the ’857 patent”), and 9,725,455 (“the ’455 patent”).

Patent 66
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Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says

IP Law 360

Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation.