Hugh Stephens Blog

JULY 17, 2024

Image: Shutterstock (AI Assisted) Last month I wrote about the 200 year history of copyright in Canada, (Two Hundred Years of Copyright History in Canada: What a Journey!), drawing on a recent book by copyright scholar Dr. Myra Tawfik, “For the Encouragement of Learning: The Origins of Canadian Copyright Law”. That work outlined the genesis … Continue reading "Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries?

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Plagiarism Today

JULY 17, 2024

Translators are crucial to the global entertainment market. However, despite their creative contributions, their work often goes uncredited. The post It’s Past Time to Credit Translators appeared first on Plagiarism Today.

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Erik K Pelton

JULY 17, 2024

The USPTO has a wealth of great resources for the general public, and Erik recommends 25 of his favorites in this episode. The post 25 Great USPTO Resources appeared first on Erik M Pelton & Associates, PLLC. The USPTO has a wealth of great resources for the general public, and Erik recommends 25 of his favorites in this episode.

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Plagiarism Today

JULY 17, 2024

Japanese Media releases a statement targeting AI, DAZN seeks new anti-piracy regulations in Italy, and MPA hires a new anti-piracy head. The post 3 Count: Urgent Matter appeared first on Plagiarism Today.

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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?

Technology

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Recently, the Nigerian government decided to do away with the country’s national anthem and re-adopt the previous national anthem - the one it used between 1960 and 1978.

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TorrentFreak

JULY 17, 2024

When Fmovies first appeared on the scene in 2016, it quickly gained popularity among streaming piracy fans. Copyright holders were less pleased. They swiftly recognized the new threat and just months after the site was launched, Fmovies found itself being sued in a U.S. Court. The copyright infringement lawsuit and the $210,000 damages award were casually ignored by the site’s owners.

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Likelihood of Confusion

JULY 17, 2024

Originally posted 2017-12-29 13:46:01. Republished by Blog Post PromoterOriginally posted on April 16, 2017. Thank God for small favors. Like being far away from the Seventh Circuit these days if you or your client want to rely on the words of a statute to determine what the law is. Simon Tam and the Slants do. […] The post Posner’s “judicial interpretive updating” and the disparagement clause (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

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IP Law 360

JULY 17, 2024

As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

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TorrentFreak

JULY 17, 2024

Decades of experience supports the theory that intellectual property infringement is often viewed by China as a problem to be solved by those complaining of violations on home territory. That the loudest voices continue to import mountains of Chinese-manufactured goods, including items that in some cases violate copyright and trademark laws, serves to illustrate why differences on IP enforcement are likely to continue.

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JD Supra Law

JULY 17, 2024

How can a founder transition from a successful entrepreneur, to empowering other entrepreneurs by becoming a key figure in building startup communities? Join host Trevor Schmidt as he talks to Chris Heivly, Co-Founder of MapQuest and The Startup Factory and author of the book “Build the Fort”, about the importance of self-awareness, curiosity, and customer understanding for startup success--and how that success can, in turn, lead to building successful communities.

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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.

Patent

The IPKat

JULY 17, 2024

Second-medical use patents can be exceedingly valuable, given that they can provide significant additional exclusivity for an existing commercial product. Accordingly, there are strict requirements for what innovations qualify for the additional protection provided by second medical use claims. In T 0815/22 , the Board of Appeal considered whether the nutritional benefits of an infant formula to prophylactically reduce the risk of metabolic disease could be considered "a therapeutic use" in a se

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JD Supra Law

JULY 17, 2024

As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug Administration’s (“FDA”) Approved Drug Products with Therapeutic Equivalence Evaluations (“Orange Book” or “OB”).

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Patently-O

JULY 17, 2024

In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 U.S.C. § 285. The court also relied upon 28 U.S.C. § 1927 and its inherent powers to directly sanction VDPP’s attorney William P. Ramey (Ramey LLP).

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JD Supra Law

JULY 17, 2024

Personalized medical intervention is in a transformative phase as artificial intelligence algorithms are increasingly deployed to tailor treatments for individual patients based on their unique characteristics. Developers face the task of adequately protecting AI-based technologies under current US patent jurisprudence. Enablement and necessary disclosures to obtain patents related to AI are one such challenge.

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Patently-O

JULY 17, 2024

by Dennis Crouch Earlier this week I was reviewing some of the USPTO’s eligibility examples, noting that they were all quite old. As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. In Bilski , the Supreme Court explained that the best way to understand whether a particular claimed invention is directed to an “abstract idea” is to look back on old examples for gu

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JD Supra Law

JULY 17, 2024

From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert denial in 2023 of both Tropp v. Travel Sentry, Inc. and Interactive Wearables, LLC v. Polar Electro Oy, both of which sought clarification of 35 U.S.C. § 101.

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43(B)log

JULY 17, 2024

Banks v. R.C. Bigelow, Inc., No. 2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. Cal. Jul. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for its tea bags. All of the products at issue use tea leaves grown and processed abroad. Processing ves includes plucking, withering, rolling, oxidizing, drying, and sorting.

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JD Supra Law

JULY 17, 2024

5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP Edge, and affiliated consulting firm, Mavexar, to appear in-person for testimony and the subsequent order of monetary sanctions for her failure to appear, on the grounds that these orders were not an abuse of discretion and within Chief Judge Connolly’s inherent authority.

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IP Watchdog

JULY 17, 2024

Later this week, our nation and the world will celebrate the 55th anniversary of Neil Armstrong's first moonwalk. Before that historic event, President John F. Kennedy explained why the U.S. undertook such a challenge. To me, the inspiring part of the speech was not the goal of going to the moon itself but embracing that goal and others "not because they are easy but because they are hard.

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JD Supra Law

JULY 17, 2024

Precedential and Key Federal Circuit Opinions - 1. NATERA, INC. v. NEOGENOMICS LABORATORIES, INC. [OPINION] (2024-1324, 2024-1409, 7/12/2024) - Moore, Taranto, and Chen Moore, C.J. The Court affirmed the district court’s grant of a preliminary injunction barring Appellant from making, using, selling, advertising, or distributing Appellant’s product.

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IP Watchdog

JULY 17, 2024

On July 16, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Backertop Licensing LLC v. Canary Connect, Inc. affirming a pair of orders entered by U.S. District Judge Colm Connolly of the District of Delaware. Connolly issued a civil contempt finding and monetary sanctions against the sole officer of a patent owning plaintiff who failed to appear at multiple court-ordered evidentiary hearings.

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JD Supra Law

JULY 17, 2024

The 2024 Guidance Update on patent subject matter eligibility applicable to AI inventions, which will be incorporated into the MPEP “in due course,” is scheduled to be published in the Federal Register on July 17, 2024. Comments (which will be available for public inspection) may be submitted during the period of 60 days after the date of publication through www.regulations.gov, Docket No.

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IP Law 360

JULY 17, 2024

Hard drive goliath Western Digital owes $305 million for selling drives that infringe MR Technologies' patents for increasing storage capacity, MR's attorney told a California federal jury during opening statements Wednesday, while Western Digital's counsel said the patents are invalid and its products don't infringe anyway.

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JD Supra Law

JULY 17, 2024

Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test marketed as RaDaR®. In doing so, the appellate panel confirms that the district court need not conduct claim construction at the preliminary injunction stage and also reiterates an accused infringer’s burden when arguing invalidity to challenge a patent owner’s likelihood of.

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IP Law 360

JULY 17, 2024

An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.

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JD Supra Law

JULY 17, 2024

In April 2024, BioPharmaTrend published a comprehensive review of the past and current state of artificial intelligence (AI) drug discovery, using the 2012 advent of modern deep learning as a starting point. The review particularly highlighted 9 leading companies in the space that “can design and advance drug candidates de novo (mostly small molecules) and have internal pipelines.”.

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IP Law 360

JULY 17, 2024

The U.S. International Trade Commission has upheld an administrative law judge's finding that a California biotechnology outfit did not infringe a German laboratory equipment supplier's patent.

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JD Supra Law

JULY 17, 2024

As discussed in Part 1, understanding the application of the Copyright Act’s works made for hire doctrine is needed to protect an organization’s intellectual property. Specifically, the application of the doctrine to specially commissioned works has important nuances that legal and business teams should consider.

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IP Law 360

JULY 17, 2024

Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.

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Olartemoure Blog

JULY 17, 2024

National Tattoo Day is a perfect occasion to celebrate the art of tattooing, an ancient practice that has evolved into a mainstream cultural phenomenon. Tattoos are not just body art; they are unique expressions of personal identity. But have you ever considered the intellectual property aspects surrounding tattoos? THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art.

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IP Law 360

JULY 17, 2024

The Patent Trial and Appeal Board has found that Nearmap was able to show that all the challenged claims of an EagleView Technologies Inc. patent on measuring roofs were invalid as obvious, a move that came after the U.S. Patent and Trademark Office's director remanded the case.

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Velocity of Content

JULY 17, 2024

CCC has long been committed to taking a collaborative approach when working with our partners. As part of our commitment, in April we brought together representatives from 17 of our software customers, a group comprising some of the most innovative life sciences companies in the world, for the 2024 RightFind Suite Innovation Summit. This highly interactive in-person event in Boston, MA, took place over two days and promoted sharing across attendees and CCC subject matter experts on multiple topi

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IP Law 360

JULY 17, 2024

Several Patent Trial and Appeal Board decisions have wiped out claims in patents covering ways of coordinating conference calls online, following a challenge from a major Indian software company that's facing an infringement lawsuit over the patents in Texas.

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The TTABlog

JULY 17, 2024

The USPTO refused registration of the proposed mark WHOLESALEHOME for "Cloth for wiping or dusting, deeming the mark to be merely descriptive under Section 2(e)(1). The Examining Attorney based the refusal on the connection between the mark and the nature of the means through which the goods are sold (i.e., wholesale). Applicant Ababoo argued that only a direct connection between the mark and the goods themselves will support a Section 2(e)(1) refusal.

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IP Law 360

JULY 17, 2024

Hot Girl Walk, a social media-fueled walking organization, sued the founder of a group called Hot Walk Indy in Indiana federal court on Tuesday, claiming trademark infringement and a plot to "aggressively bully" and "take down" its brand.

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