3 Count: SOPA Returning?
Plagiarism Today
APRIL 10, 2024
MPA announces new anti-piracy initiative, new bill targets AI companies and Tecmo sues Singapore-based competitor. The post 3 Count: SOPA Returning? appeared first on Plagiarism Today.
Wed.Apr 10, 2024
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The Licensing Vector: A Fair Approach to Content Use in LLMs
IP Watchdog
APRIL 10, 2024
A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims. For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fai
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Francesca Gino Faces Allegations of Plagiarism
Plagiarism Today
APRIL 10, 2024
Embattled Harvard behavioral science professor Fancesca Gino is facing new allegations of plagiarism, on top of her existing problems. The post Francesca Gino Faces Allegations of Plagiarism appeared first on Plagiarism Today.
A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal
JD Supra Law
APRIL 10, 2024
A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants had actual notice of the claims, but defective service under Rule 4 ended them before they began.
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?
‘X’ Denies Music Companies’ Remaining Piracy Liability Claims in Court
TorrentFreak
APRIL 10, 2024
In a complaint filed at a Nashville federal court last spring , Universal Music, Sony Music, EMI and others, accused X Corp of “breeding” mass copyright infringement. The social media company allegedly failed to respond adequately to takedown notices and lacks a proper termination policy. “Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” th
Some Thoughts on FOMO and the Reality of Early Drug Research
Velocity of Content
APRIL 10, 2024
As a drug discovery research scientist tasked with finding new ideas for drug in a particular therapy area, one of your prime responsibilities is to be on top of all the science and literature, all the time. Innovation comes from knowing what everyone else knows, and thinking differently to exploit that knowledge for a proprietary edge. But how do you keep on top of what everyone else knows with the ever-increasing rate of publication, data release, patent filings, competitor, and market aspect
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Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
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Defamation in the Indian Media and Entertainment Industry
IP and Legal Filings
APRIL 10, 2024
INTRODUCTION The entertainment and media sector is experiencing a continuous and increasing influence on social media with each passing day. Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. However, between now and then social media influence also has some problems.
Practicing Law With Parkinson's Disease
IP Law 360
APRIL 10, 2024
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
Claim Construction When Uniformly Referring to Aspects of an Invention
JD Supra Law
APRIL 10, 2024
Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York.
Docketing Nightmare: CPA Global wins Despite their Docketing Error; Law Firm still on the hook for Missed Deadline
Patently-O
APRIL 10, 2024
By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. Robinson, M.D. and his patent holding company (Spectrum Spine). Robinson’s firm FisherBroyles had relied upon the dates erroneously entered by CPA and missed the national stage filing deadlines.
IPO Diversity in Innovation Toolkit
Advertiser: IPO
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.
Can’t Hide from Brussels: EU To Require Copyright-Related AI Disclosures
JD Supra Law
APRIL 10, 2024
A whole host of creators have filed suit in the U.S. alleging that AI companies improperly used the creators’ content to train AI programs. In most cases, the creators don’t know for sure whether the AI companies copied their works, although they allege that copying can be inferred based on the AI programs’ outputs. But a new law in the EU may soon provide creators with a mechanism to find out if their works have been copied, and may provide those creators with greater protections than those.
USIJ and Medical Device Group Urge Movement on PERA and PREVAIL
IP Watchdog
APRIL 10, 2024
The Medical Device Manufacturers Association (MDMA) and the Alliance of U.S. Startups and Inventors for Jobs (USIJ) sent a letter today to the leadership of the Senate Judiciary Committee and the Judiciary Committee’s Subcommittee on Intellectual Property to express their support for both the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) and the Patent Eligibility Restoration Act (PERA).
IP Litigation Newsletter - April 2024
JD Supra Law
APRIL 10, 2024
The safe harbor exception in 35 U.S.C. § 271(e)(1) applies “solely for uses reasonably related to the development and submission of information” to the Food and Drug Administration (FDA). The Federal Circuit interpreted the word “solely” as modifying “for uses,” finding that “for each act of infringement the safe harbor is available only for acts or uses that bear a reasonable relation to the development and submission of information to the FDA.
USPTO AI Guidance Highlights Risks for Practitioners and Public
IP Watchdog
APRIL 10, 2024
The U.S. Patent and Trademark Office (USPTO) today announced guidance for practitioners and the public regarding the use of artificial intelligence (AI) in the preparation of filings for submission to the Office. The guidance comes two months after the Office issued a guidance memorandum for the Trademark and Patent Trial and Appeal Boards (TTAB and PTAB) on the misuse of AI tools before the Boards that clarified the application of existing rules to AI submissions.
Janssen v. Teva: Not an April Fool’s Day Joke for Life Sciences Companies
JD Supra Law
APRIL 10, 2024
On April 1, 2024 the Federal Circuit released its opinion in Janssen Pharmaceuticals, Inc. et al v. Teva Pharmaceuticals USA, Inc. et al., affirming the district court’s finding that certain claims were not indefinite and remanding to the district court to reevaluate its obviousness decision.
Guest post: Exploring data privacy in Nigeria: Incorporated trustees of laws and rights awareness initiative v Nigerian Communications Commission
The IPKat
APRIL 10, 2024
As readers may be aware, The IPKat also covers privacy and confidentiality issues and so, is pleased to host the following guest contribution by Katfriend Bibitayo Emmanuel Ojo (DataPro Limited) on the struggles between data privacy rights of citizens and government's duties around national security. This Kat has, elsewhere previously explored the IP connection to technology and national security.
Beyond The Binary: Legal Considerations in the Quantum Computing Era
JD Supra Law
APRIL 10, 2024
With significant progress on hardware and optimism about future applications, interest in quantum computing is growing steadily. As the technology promises solutions to complex problems that are currently daunting (or even impossible) for classical computers to tackle across various fields such as pharmaceuticals, materials science, artificial intelligence (AI), financial services, and cryptography, there is a sense of excitement for the future.
Gaming Rivals To Settle Patent Fight After $42.9M Verdict In Calif.
IP Law 360
APRIL 10, 2024
Skillz Platform Inc. and AviaGames Inc. have told a California federal court that they will settle a suit over mobile gaming, months after Skillz won $42.9 million in its patent infringement fight against its rival.
Federal Income Taxation of Intellectual Property Development and Cost Recovery
JD Supra Law
APRIL 10, 2024
Intellectual property (“IP”) development can cost millions of dollars so cost recovery timing can be financially material. General tax principles typically require that expenses associated with creating assets having useful lives lasting longer than the current tax year are capitalized. However, IP as an asset class has several statutory cost recovery possibilities (§§ 162, 167, 174, 197, etc.).
USPTO Outlines Possible Pitfalls For Attorneys Using AI
IP Law 360
APRIL 10, 2024
The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.
What’s New in Director Review? Lessons From the Delegated Rehearing Panel’s First Decisions
JD Supra Law
APRIL 10, 2024
The Director of the United States Patent and Trademark Office (USPTO) established the interim process for Director Review of Patent Trial and Appeal Board (PTAB) decisions in the wake of the Supreme Court’s 2021 decision in United States v. Arthrex.
Pfizer Unit Cuts $39M Deal Ending Effexor Antitrust Claims
IP Law 360
APRIL 10, 2024
A proposed class of direct buyers asked a New Jersey federal judge on Tuesday to approve a $39 million settlement to end allegations that Pfizer Inc. unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant drug Effexor XR.
K&C Sports & Entertainment Law Weekly Roundup - April 2024 #2
JD Supra Law
APRIL 10, 2024
A Florida law signed Thursday will allocate revenues from legal gambling in the state to wildlife conservation. Gov. Ron DeSantis (R) signed legislation that allocates 96 percent of state income from the Seminole Tribe Compact, the agreement with the state that allows the tribe to offer online sports betting and casino gambling, to improve water quality infrastructure and management.
Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed
IP Law 360
APRIL 10, 2024
A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.
Who Can be Held Accountable for Misappropriation of Trade Secrets?
JD Supra Law
APRIL 10, 2024
Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation: Individuals. Corporations.
Congress Ponders IP Protections For Human-AI Creations
IP Law 360
APRIL 10, 2024
A U.S. House of Representatives panel examining intellectual property rights for works made with artificial intelligence grappled Wednesday with where to draw the line on how much human input should be required for creations to receive protections.
What RFK, Jr.’s VP Pick Could Mean for IP
IP Watchdog
APRIL 10, 2024
Independent Presidential candidate Robert F. Kennedy, Jr's Vice-Presidential running mate, Nicole Shanahan, a mercurial patent analyst, intellectual property lawyer and incidentally rich entrepreneur, is in the position to influence declining patent reliability and increasing copyright abuse. But will she? This column is not intended to opine on Shanahan's merits as an independent Vice-Presidential candidate, but to attempt to understand her motivation for running and its potential impact on IP
Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says
IP Law 360
APRIL 10, 2024
A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.
Routine Optimization of Result-Effective Variable Can Bridge Gaps in Prior Art
JD Supra Law
APRIL 10, 2024
PFIZER INC. v. SANOFI PASTEUR INC. - Before Lourie, Bryson, and Stark. Appeal from the Patent Trial and Appeal Board.
UGG, Wal-Mart Ordered To File More Details On Slipper Patent
IP Law 360
APRIL 10, 2024
A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.
Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications
The TTABlog
APRIL 10, 2024
Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action." Does it give a court power to invalidate pending trademark applications?
PTAB Will Review Pantech IP Soon After $10M Trial Win
IP Law 360
APRIL 10, 2024
LG Electronics has persuaded the Patent Trial and Appeal Board to review whether a pair of Pantech Wireless patents are invalid, just over a week after Pantech won a $10 million infringement verdict against OnePlus over similar technology.
SpicyIP Tidbits – Natco’s Request to Vacate Ceritinib Interim Injunction Rejected, Madras High Court Revokes Omega Ecotech’s Patent, and Delhi High Court Upholds IPO’s Patent Rejection
SpicyIP
APRIL 10, 2024
Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! In the last few days, the Madras and Delhi High Courts have passed a few significant orders on these topics. Let’s take a look at these three orders in this quick tidbit. DHC Rejects Natco’s Request to Vacate Ceritinib Interim Injunction In a detailed order passed on January 9, 2023, the Delhi High Court had granted an interim injunction to Novart
Why Fed. Circ. Should Resolve District Split On Patent Statute
IP Law 360
APRIL 10, 2024
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
Using AI in your Patent Practice
Patently-O
APRIL 10, 2024
By Dennis Crouch Over the past year I’ve been investigating various generative Artificial Intelligence (GenAI) tools for assisting patent attorneys in their practice. I have a strong belief that these tools and their progeny are now fixtures in our legal environment and are being used to both improve efficient delivery of legal services and to also improve the quality of those services.
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