Tue.Jan 21, 2025

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Pastor Accused of Plagiarizing Sermon

Plagiarism Today

A Christian minister shared a clip of her recent sermon on Instagram. It sparked a debate over plagiarism and cultural appropriation. The post Pastor Accused of Plagiarizing Sermon appeared first on Plagiarism Today.

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25 (More) Peltonisms

Erik K Pelton

Erik shares 25 bonus Peltonisms in this episode. Check out the full library at [link] The post 25 (More) Peltonisms appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 bonus Peltonisms in this episode.

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3 Count: More AI Issues

Plagiarism Today

Mark Zuckerberg approved Meta training AIs on pirated content, Korean broadcasters sue AI company and man sentenced in the UK for piracy. The post 3 Count: More AI Issues appeared first on Plagiarism Today.

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The Law and Politics of Drug Price Controls and Pharmaceutical Innovation

IP Watchdog

My conversation this week with John White was much like any number of conversations we have had over the years over dinner or drinks. What prompted me to ask John to speak with us this week was an article he recently wrote, which we published on IPWatchdog. It was styled as an open letter to Elon Musk and Vivek Ramaswamy, the incoming co-leaders of the soon-to-be Department of Government Efficiency.

Law 52
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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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Best Practices for Mitigating Intellectual Property Risks in Generative AI Use

JD Supra Law

Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual property (IP) and legal compliance which organizations must navigate to fully capitalize on its potential.

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TTAB Shuts Down USA Ham's Bid To Register Meat Mark

IP Law 360

The Venezuelan owner of meat company La Montserratina won its challenge to a U.S.-based company's bid to register the mark for its own products after the Trademark Trial and Appeal Board found the "applicant's copying capitalizes on" the South American company's reputation.

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Mandatory prior negotiation: a new opportunity in intellectual property conflicts

Garrigues Blog

Organic Law 1/2025, of 2 January 2025, on efficiency measures for the public justice service, promotes the use of alternative dispute resolution mechanisms in intellectual property disputes by introducing prior negotiation between the parties as a new procedural admissibility requirement. Avoiding the judicialization of conflicts is the primary goal of the lawyer.

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Patent Poetry: Federal Circuit Reverses Novartis Patent Decision

JD Supra Law

The Federal Circuit has issued a precedential decision reversing a lower courts decision that certain claims of Novartiss patent for the heart drug Entresto were invalid due to lack of written description.

Patent 68
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Firm Tells Fed. Circ. It Was Wrongly Sanctioned In Patent Row

IP Law 360

Moarbes LLP has urged the Federal Circuit to overturn over $23,000 in sanctions against it for not complying with discovery orders in a door manufacturing patent suit, saying the ruling wrongly relied on a letter from the firm's client criticizing its work.

Patent 52
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Kaizen: Hoshin Kanri, Bowler Charts, Action Plans, and More

Christopher Roser

In my last two posts I described bowler charts, named due to their similarity to the score charts used for bowling. In this post I want to talk a bit more how the bowler chart fits in the big picture… or, if you will, how the big picture can use a bowler chart. This will.

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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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High Court Urged To Review Copyright 'Discovery Rule' Fight

IP Law 360

A shoe designer wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying the justices need to examine a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.

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Trading Technologies Files Supreme Court Petition on Patent Eligibility, Rule 60(b)(3), and Federal Circuit Procedural Issues

Patently-O

by Dennis Crouch Trading Technologies (TT) has petitioned the Supreme Court to review a Federal Circuit decision raising three significant questions about patent law and civil procedure. The case stems from TT's patent infringement suit against IBG LLC and Interactive Brokers LLC over patents related to electronic trading user interfaces. U.S. Patent Nos. 6,766,304, 6,772,132, 7,676,411, and 7,813,996. ( I have mentioned this previously, but TT is a former client and I was involved with enforcin

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Apple+ Show Took Key Elements From Film, USC Prof. Says

IP Law 360

A University of Southern California professor told a California federal jury Tuesday that the Apple+ show "Servant" borrowed at least 10 original elements from an independent film, and likened the theft to someone stealing from Lin-Manuel Miranda's hit play about Alexander Hamilton by claiming the historical figure is fair game.

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Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU

JD Supra Law

New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more.

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Microsoft Copyright Discovery Fight Ends With Mixed Ruling

IP Law 360

A Washington federal judge partly sided with Microsoft on Tuesday in a case accusing a Canadian firm and its overseas director of peddling stolen software product keys to unsuspecting customers online, eliminating one of the defendants' key defenses while rejecting the tech giant's bid for discovery sanctions.

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“Uncertain IP Rights Slow Innovation and Diminish Value” – They Can be Fixed

IP Close Up

A leading patent expert and former Microsoft licensing director says weak, uncertain patents are hurting businesses, disincentivizing creators and discouraging investors – a recipe for Continue reading

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Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear

IP Law 360

Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.

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Federal Circuit Says Proper Orange Book-Listed Patent Must Claim Active Ingredient

JD Supra Law

In Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, the Federal Circuit jumped on the bandwagon of scrutinizing the types of patents that can be listed in the Food & Drug Administration (FDA) Orange Book (Approved Drug Products with Therapeutic Equivalence Evaluations), and decided that the device patents at issue were not properly listable.

Patent 70
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AI Auto Damage-Assessing Giant Settles Monopoly Claims

IP Law 360

Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.

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AI IP Year in Review - AI Developments at the USPTO

JD Supra Law

Navigating Inventorship of AI-Assisted Inventions: USPTOs Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTOs ongoing efforts to address the intersection of artificial intelligence (AI) and patent law. We focus on three main considerations regarding inventorship when AI systems are involved in the creation of inventions.

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Artists Can't Broaden Meta IP Discovery As Deadline Looms

IP Law 360

A California federal magistrate judge on Tuesday refused a request by a proposed class of artists to broaden discovery in high-stakes litigation alleging MetaPlatforms Inc. has fostered rampant infringement of copyright-protected ads on its social media platforms, telling counsel during a hearing that their request is too close to the discovery deadline.

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There’s an Exception to Every Rule: Judge Schofield Finds a Comparison of the Plaintiff’s Patented System and the Accused System to be Relevant to Infringement

JD Supra Law

In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) foundthat it was appropriate to compare the accused system to a plaintiffs commercial system embodying the asserted patent claims, rather than the patent claims themselves, to show non-infringement. The court recognized that, as the Federal Circuit held inZenith Labs. v. Bristol-Myers Squibb Co., 19 F.3d 1418, 1423 (Fed.

Patent 65
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Fed. Circ. Refuses To Restore Solar Cell Patent Claims

IP Law 360

An Indian industrial conglomerate failed on Tuesday to persuade Federal Circuit judges to breathe new life into a patent covering a way of assembling solar cells that it had asserted in Delaware federal court against a Korean rival.

Patent 52
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Unfair Trade Practices and Deficiencies in service in the Consumer Protection Act, 2019

IP and Legal Filings

INTRODUCTION This research discusses the scope and extent of the new Consumer Protection Act of 2019, as well as its effectiveness in addressing customer concerns regarding online transactions. The creation of this new Act was necessary due to the growth of a well-organized online sector for manufacturers, traders, and service providers, which significantly impacted business and customer interactions.

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Jury Finds No Infringement In $2B IP Case Against Samsung

IP Law 360

Wireless communication patent owner Headwater Research could not convince a Texas federal jury that Samsung infringed one of its patents in a suit claiming the South Korea-based company should have to pay $1.95 billion.

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The Louisiana Department of Education Developed ELA Guidebooks so Students & Teachers Could Soar

Velocity of Content

We all have hobbies. As a teacher, mine was developing the curriculum. I ended up receiving my masters degree in Curriculum Design and always enjoyed the twelve plus extra hours per week searching for high quality instructional material. But not everyone likes building a plane while flying it, nor should they have to. I recently listened to an interview on EdVoices celebrating the tenth anniversary of ELA Guidebooks developed by the Louisiana Department of Education (LA DOE), which went on to de

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Enterprize Sports Sued For 'Sea Salt Bartender' Video Use

IP Law 360

Sports media company Enterprize Sports LLC has been sued for copyright infringement by a professional videographer who alleges the Tennessee-based company used her copyrighted video of the "Sea Salt Bartender" without permission on its Instagram account.

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367 Trademark Registrations Issued to Indiana Entities in December 2024

Indiana Intellectual Property Law

The U.S. Trademark Office issued the following 367 trademark registrations to persons and businesses in Indiana in December 2024 based on applications filed by Indiana trademark attorneys: Registration Number Wordmark 7611678 IT’S A HAPPY HOUR FEELING 7605216 ANDERSON PREPARATORY ACADEMY 7616177 DARK LORD 7614933 7623759 SOUTHERN INDIANA GUARDIANS FC 7623741 SIGFC 7623758 SOUTHERN INDIANA GUARDIANS FC 7608855 TINY LITTLE DONUTS DONUTS EST 2017 7588870 COLLECTIVE INNOVAITION 7584505

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Stoel Rives Adds Tech, IP Partner From Stubbs Alderton

IP Law 360

Stoel Rives LLP has brought on the former chair of Stubbs Alderton & Markiles LLP's trademark and brand protection practice and its privacy and data security practice as a partner in Sacramento, California.

Privacy 52
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The Louisiana Department of Education Developed ELA Guidebooks so Students & Teachers Could Soar

Velocity of Content

We all have hobbies. As a teacher, mine was developing the curriculum. I ended up receiving my masters degree in Curriculum Design and always enjoyed the twelve plus extra hours per week searching for high quality instructional material. But not everyone likes building a plane while flying it, nor should they have to. I recently listened to an interview on EdVoices celebrating the tenth anniversary of ELA Guidebooks developed by the Louisiana Department of Education (LA DOE), which went on to de

Copying 52
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NFL, Jets Settle With Man Claiming He Created Team Logo

IP Law 360

The New York Jets and the National Football League on Tuesday settled a federal copyright infringement suit brought by a former Jets employee over a logo he said he designed decades ago but was used without his permission or compensation.

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Ninth Circuit Reaffirms Leniency Towards ‘Keyword Conquesting’

IP Watchdog

Conquesting is a strategy in which a business owner bids on keywords that relate to its competitor. Whenever an internet user searches for the keyword relating to a competitor, its own advertisement pops up in a privileged position. The case below examines whether conquesting a competitors trademark constitutes trademark infringementthe U.S. Court of Appeals for the Ninth Circuit said in October 2024 that it is not.

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A Look At FDA's Plans To Establish New OTC Drug Category

IP Law 360

The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

Patent 52
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Precedential No. 2: Opposer Proves Prior Use of Common Law REVOLUTION JEWELRY WORKS Marks, Wins Opposition Battle

The TTABlog

Opposer Revolution Jewelry Works survived some harsh Board sanctions for its attorneys' violation of the Standard Protective Order [ TTABlogged here ] and emerged victorious in this consolidated opposition to registration of the marks REVOLUTION JEWELRY in standard character form, and REVOLUTION JEWELRY DESIGNS in the design form shown first below [JEWELRY and JEWELRY DESIGNS disclaimed].

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Womble Bond Atty Appeals Contempt Ruling To 4th Circ.

IP Law 360

A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.