Fri.Jan 26, 2024

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Video: What is Next for Claudine Gay, Neri Oxman and Academia?

Plagiarism Today

I've returned to my YouTube channel and my latest video takes a look at the future for Claudine Gay, Neri Oxman and academia as a whole. The post Video: What is Next for Claudine Gay, Neri Oxman and Academia? appeared first on Plagiarism Today.

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Richard Prince “New Portraits” Show Was a Big Fair Use Error

The Illusion of More

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series. Prince and his co-defendant, gallery owner Lawrence Gagosian, are ordered to pay Graham […] The post Richard Prince “New Portraits” Show Was a Big Fair Use Error appeared first on The Illusion of More.

Fair Use 129
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Snow, Ice and Liability: What You Need to Know About Winter Falls

Nelligan Law

Reading Time: 2 minutes The expression, in like a lamb, out like a lion, has certainly been true this winter. While December may have seen mild temperatures, January has brought plenty of snow and freezing rain. What may be great news for winter sports enthusiasts, brings potential hazards for commuters and pedestrians. What happens if I slip and fall on a city sidewalk?

Law 105
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Avery Dennison Patent Sanctions Cut To $5.2M On Remand

IP Law 360

A federal magistrate judge in Oregon said Avery Dennison Corp. owes sanctions for misconduct during discovery in Adasa Inc.'s infringement suit over a patent on radio frequency identification tags in the amount of $5.2 million, a reduction from an earlier sanctions award of $20 million.

Patent 103
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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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Police Website Offers Pirated Live Sports Streams as IPTV FOIA Requests Denied

TorrentFreak

For the past few years, regional police forces in the UK have shown a growing interest in cracking down on those involved in the supply of illegal streams. With regional organized crime units now part of the mix, joint press releases featuring police, the Premier League, Sky, and the Federation Against Copyright Theft, report enforcement action on a fairly regular basis.

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USPTO Contributes Patent and Trademark Data to Help Launch National AI Research Resource Pilot Program

JD Supra Law

This week, the U.S. National Science Foundation (NSF) alongside public and private sector collaborators launched the National Artificial Intelligence Research Resource (NAIRR) pilot program. NAIRR seeks to advance AI discovery and innovation by making resources available from 11 different federal agencies and over 25 private companies.

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[Audio] (Podcast) The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

JD Supra Law

Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.

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Considerations For Lawyer Witnesses After FTX Trial

IP Law 360

Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

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Federal Circuit Affirms Dismissal of Patent Claims Directed to a Graphical User Interface as Ineligible Subject Matter Under 35 U.S.C. § 101

JD Supra Law

The Federal Circuit recently affirmed a Rule 12(b)(6) dismissal of patent claims directed to a graphical user interface that seeks to enhance how search results are displayed to a user. The court agreed that the claims are patent ineligible under 35 U.S.C. § 101 because they do nothing more than identify, analyze and present certain data to a user, without disclosing any technical improvement as to how computer applications are used.

Patent 73
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Federal Circuit on TM Law’s Information Matter Doctrine

Patently-O

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. In re GO & Associates , 22-1961 (Fed. Cir. 2023/2024) In a non-precedential 2023 decision, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing to register “ Everybody vs Racism ” as a trademark for apparel, tote bags, and services promoting racial justice advocacy.

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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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“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

JD Supra Law

Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump change – at least not to the vast majority of businesses. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Patent 68
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Jury Finds Samsung Owes $67.5M In 5G Patent Case

IP Law 360

A Texas jury found Friday that Samsung infringed two wireless network patents by G+ Communications and declined to find that the patent owner failed its obligation to fairly license its patents, awarding G+ a total of $67.5 million in damages.

Patent 59
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Yita LLC v. MacNeil IP LLC, 69 F.4th 1356 (Fed. Cir. 2023) (Taranto, Chen, Stoll)

JD Supra Law

Yita LLC petitioned for IPR of two patents owned by MacNeil IP LLC. This summary focuses on the proceedings on MacNeil’s patent relating to vehicle floor trays that “closely conform[]” to certain walls of the vehicle foot well. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP 66
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Other Barks and Bites for Friday, January 26: CAFC Grants Transfer Out of Texas for Honeywell; Google Settles AI Chip Patent Lawsuit; Judge Newman’s Lawyers Make Her Case Before D.C. Judge

IP Watchdog

This week in Other Barks and Bites: the U.S. Court of Appeals for the Federal Circuit (CAFC) says Judge Alan Albright abused his discretion in denying transfer to Honeywell; Judge Pauline Newman argues to keep her district court case against CAFC alive; Google settles a patent lawsuit launched by an AI chip company asking $1.67 billion in damages; the International Trademark Association (INTA) publishes a report highlighting companies’ IP value; and the Pokemon Company releases a statement on po

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Malvern Panalytical Inc. v. TA Instruments-Waters LLC (Fed. Cir. 2023)

JD Supra Law

One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court's decision in Markman v. Westview Instruments, Inc. (holding that claim construction was a matter of law to be reviewed de novo by the Federal Circuit; but see Teva Pharma. USA, Inc. v. Sandoz, Inc.) was that an inordinate proportion of claim construction decisions were overturned in whole or part.

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The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

The IP Law Blog

Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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First Amendment Bowled Over by Lanham Act – Again

JD Supra Law

In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset prior Ninth Circuit precedents regarding the interaction of First Amendment rights and the Lanham Act. The Ninth Circuit reversed its original decision and remanded the case to the district court to conduct a likelihood of confusion analysis under Lanham Act precedent.

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The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

LexBlog IP

Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Federal Circuit Remands to USPTO to Clarify Analysis of Jepson-Format and Means-Plus-Function Claims in the Field of Biotechnology

JD Supra Law

On January 23, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision granting the USPTO’s request to remand Xencor’s appeal of the rejection of U.S. Patent App. No 16/803,690 (“’690 patent application”) back to the USPTO.

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GSK Unit Pauses Chancery Patent Suit For Settlement Talks

IP Law 360

A specialty pharma company majority-owned by GlaxoSmithKline has agreed to stay its Delaware Chancery Court lawsuit against a San Francisco biotech startup it accuses of butting into a university research collaboration and taking control of patents that the startup doesn't own.

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The Murky World of IP Protection for Gene-Edited Plants

JD Supra Law

Agribusiness is currently experiencing both a technological revolution and a corresponding increase in intellectual property uncertainty and disputes. Originally published in Law360 - October 26, 2023.

Editing 66
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EU Investment Plans Play To US Nat'l Security Concerns

IP Law 360

Three new measures adopted by the European Commission stand to close alternate pathways to advanced technology and funding that have plagued U.S. efforts to thwart adversaries like China and Russia.

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Don’t Cut, Paste, Copyright: Bonding over Borrowed Words

JD Supra Law

The US Court of Appeals for the Seventh Circuit affirmed a district court’s award of attorneys’ fees and its determination that trivial additions to existing documents were not copyrightable. UIRC-GSA Holdings, LLC v. William Blair & Company, L.L.C., and Michael Kalt, Case Nos. 23-1527; -2566 (7th Cir. Jan. 12, 2024) (Brennan, Flaum, Kirsch. JJ.).

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Fed. Circ. Says LED Light Co. Can Serve Rival Over Email

IP Law 360

The Federal Circuit won't force a Texas federal court to reverse its decision allowing LED lighting company Rotolight Ltd. to serve Chinese rival Aputure with a patent infringement suit via email, finding on Friday that the lower court did not abuse its discretion.

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Hey St. Jude Medical: Playing It Cool Doesn't Always Make You a Fool

JD Supra Law

After seven years of successful litigation, it was understandable that St. Jude Medical wanted to put its dispute with Niazi Licensing Corp. (NLC) to bed. But St. Jude Medical's too-quick response to a mediator's email left it stuck with a settlement it didn't want. In a patent case, there are always loose ends that remain before a settlement can be finalized.

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Patent Manager IPwe Plans Ch. 11 Sale With Shareholder Bid

IP Law 360

Patent trading platform operator IPwe received approval from a Delaware bankruptcy judge Friday to take out up to $500,000 in Chapter 11 financing the company says it will need to stay afloat long enough to put its assets on the block.

Patent 52
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The Patent Eligibility Restoration Act – ?Restoring Clarity, Certainty, and Predictability to ?the U.S. ??Patent System

JD Supra Law

On June 22, 2023‎, the U.S. senate released a bill, The Patent Eligibility Restoration Act of 2023 (introduced by Senators Tillis and Coons and ‎hereinafter referred to as “PERA”), which if passed would transform patent eligibility in the wake of the judicial standards set forth in Alice (Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 216, (2014)) and Mayo (Mayo Collaborative Servs. v.

Patent 63
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Trials After PTAB Invalidity Rulings Present Tricky Issues

IP Law 360

A recent case illustrates that Patent Trial and Appeal Board decisions finding patents invalid do not necessarily preclude a district court from holding an infringement trial on the same patents, though attorneys say such a scenario could raise some challenging issues.

Patent 52
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Federal Circuit Denies Petition for Rehearing En Banc Filed By Cellect, LLC

JD Supra Law

The Federal Circuit denied Cellect, LLC's petition for rehearing en banc of the In re Cellect case, which held that the expiration of a patent for obviousness-type double patenting ("ODP") purposes is the expiration date after the addition of patent term adjustment ("PTA").

Patent 61
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BREAKING: Kat Von D's Miles Davis Tattoo Didn't Infringe Photo, Jury Says

IP Law 360

A California federal jury cleared celebrity tattoo artist Kat Von D on Friday of claims she infringed a copyrighted photo of Miles Davis, finding that her inked rendering of the jazz legend on a man's arm is not substantially similar to the photograph.

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The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

LexBlog IP

Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Sanctioning process for noncompliance by BIC company

Olartemoure Blog

For the first time, the Delegation of Economic and Corporate Affairs of the Superintendence of Companies imposed a sanction within a sanctioning process against a company for non-compliance with the regime of Benefit and Collective Interest Companies (BCI). Throughout the administrative investigation, deficiencies were identified in the preparation of the Management Report that the legal representative was obligated to submit to the highest social body.

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UK Litigation Roundup: Here's What You Missed In London

IP Law 360

The past week in London has seen Sainsbury’s Supermarkets face patent proceedings over a specific type of mandarin, Alexander Nix, the former chief of Cambridge Analytica, embroiled in further proceedings with Dynamo Recoveries, the sports management arm of Warner Bros raise a red card against crypto exchange Next Hash, and EY targeted in a libel claim by a consultancy firm.

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Industrial property virtual office

Olartemoure Blog

Since 2016, the Superintendence of Industry and Commerce (“SIC”) implemented the Virtual Office of Industrial Property (“SIPI”) with the purpose of optimizing the management of procedures under its jurisdiction. As part of this initiative, the mentioned system is essential for the monitoring and control of procedures, the publication of the Gazette of Industrial Property, term management, among other aspects.

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Snowy Baltimore Welcomes ALA’s LibLearnX

Velocity of Content

The American Library Association met in Baltimore last weekend for the LibLearnX conference. “The show began on Friday, January 19, and closed on Monday in a very cold and snowy Baltimore,” reports Andrew Albanese , Publishers Weekly executive editor. ALA officials put total attendance for this year’s show at 2,006, including 391 exhibitor attendees and 109 virtual attendees.