Mon.Jun 17, 2024

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The Rise of Reverse Plagiarism in Research

Plagiarism Today

Increasingly, researchers are finding that they're victims of reverse plagiarism. Where their name is added to works didn't contribute to. The post The Rise of Reverse Plagiarism in Research appeared first on Plagiarism Today.

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25 Branding Tips

Erik K Pelton

The following is an edited transcript of my video 25 Branding Tips. As we celebrate our 25th year, I am excited to share 25 branding tips with you: Choose a creative name – it’s the foundation you begin with to build a bold brand. Begin with a clearance search to make sure that any new name is available. Register your trademark. Be sure to file early to help build more protection.

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3 Count: Badder Boys

Plagiarism Today

Columbia Pictures settles with Bad Boys author, Hollywood trainer loses bid to copyright method and Feid accused of unlicensed samples. The post 3 Count: Badder Boys appeared first on Plagiarism Today.

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A Trademark Dispute Plays Out Before the NAD

JD Supra Law

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to respond to a petition for cancellation. Planting Hope filed a motion to set aside the default judgment, but kept using the registered trademark symbol while that proceeding was pending.

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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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Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

IP Law 360

Tesla accused one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

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Cloudflare IPFS ‘Takedowns’ Skyrocket, But Not For Long

TorrentFreak

Worldwide internet infrastructure service Cloudflare serves millions of customers and provides a variety of connectivity and privacy features to the general public. Internet users can take advantage of the company’s open DNS resolver 1.1.1.1, for example, or use its Ethereum and IPFS gateways to access content on these decentralized web services. Takedown Notices When it comes to copyright complaints, Cloudflare makes a clear distinction between content it permanently hosts, and services where i

More Trending

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Color, Sneakers, Parody, AI and the ‘F’ Word: It’s Already Been Quite a Year for Trademarks

IP Watchdog

It has already been quite a year in the world of U.S. trademark practice. If you manufacture a highly colorful product, are the owner of a well-known trademark, are an AI start-up company or are testing the waters as to whether a certain, unsavory word is protectable, pay attention to developments that have happened in just the first half of 2024.

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USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

JD Supra Law

The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments (RFC) on inventorship guidance for AI-assisted inventions. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Top Patent Eligibility Rulings In The Decade Since Alice

IP Law 360

The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.

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The Supreme Court Update - June 14, 2024

JD Supra Law

On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s (“FDA”) past approval of, and subsequent regulation over, mifepristone as an abortion medication.

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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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Intellectual Property Rights and Pharmaceutical Sector: Analyzing the Dynamic Relationship in India’s Drug Market

IIPRD

INTRODUCTION: The Indian pharmaceutical companies are in a unique position where they are balancing the role of being a generic Global drug supplier and also ensuring that their products are accessible and affordable to everyone. However, balancing through such many factors especially to maintain the interplay between the regulatory policies and the pricing strategies is crucial.

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CVS Pharmacy Inc. v. Forest Laboratories Inc. (2d Cir. 2024)

JD Supra Law

In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest Laboratories and several generic drug companies** for settlement agreements in ANDA litigation, in CVS Pharmacy Inc. v. Forest Laboratories Inc.

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Trade Secret Misappropriation Preliminary Injunction Reversed

Patently-O

By Dennis Crouch The Federal Circuit has reversed a preliminary injunction order in a trade secret misappropriation case, finding that the district court abused its discretion by failing to properly evaluate the likelihood of success on the merits and the balance of harms. Insulet Corp. v. EOFlow, Co. , No. 2024-1137 (Fed. Cir. June 17, 2024). The appellate court held that the district court’s analysis was deficient in several key respects, including not addressing the statute of limitatio

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Texas Patent Litigation Monthly Wrap-Up: May 2024

JD Supra Law

The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies.

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Are You Better Off Today Than You Were Five Years Ago? Selected comments on the MLC Redesignation: American Association of Independent Music (A2IM)

The Trichordist

A2IM raises important issues about conditioning redesignation on improvements in the shortcomings of the MLC's matching systems and black box procedures.

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5 Key Takeaways | Key Takeaways from the ITC Litigation and Enforcement Conference

JD Supra Law

The ITC Keeps Changing in 2024. Aarti Shah of Kilpatrick co-chaired American Conference Institute’s ITC Litigation and Enforcement Conference in May, where many of these changes and trends were discussed.

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Male Enhancement Pills Infringe RAW Trademark, Co. Says

IP Law 360

HBI International, the American distributor of the RAW line of smoking products, has filed a lawsuit in Georgia federal court alleging Mash Enterprise LLC used "identical copies" of its trademarks, trade dress and copyrighted packaging to sell male enhancement pills and beverages.

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Spotlight On: Biosimilar Litigations - June 2024

JD Supra Law

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included. Litigations relating to disputes between two reference product sponsors, or non-practicing entities/universities and reference product sponsors are not included.

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'Anderson Method' Copyright Claim Gets Cut Ahead Of Trial

IP Law 360

A California federal judge has handed Tracy Anderson's former employee Megan Roup a summary judgment win on the celebrity fitness trainer's copyright claim accusing Roup of ripping off her "Tracy Anderson Method" exercise routines, but concluded a jury should decide Anderson's sole remaining breach-of-contract claim in an upcoming November trial.

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Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - June 2024

JD Supra Law

*Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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A Look at Key USPTO Director Review Decisions and their Significance

IP Watchdog

Prior to the Supreme Court’s 2021 decision in United States v. Arthrex, Inc., while there were some mechanisms for review of decisions by Patent Trial and Appeal Board (PTAB) panels, Director Review (DR) as a standalone review mechanism was essentially non-existent. After Arthrex, however, that changed—with the U.S. Patent and Trademark Office (USPTO) setting forth an interim DR process, followed by a revised DR process, and now formal rulemaking in April 2024.

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Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin glargine) / Rezvoglar™ (insulin glargine-aglr) - June 2024

JD Supra Law

*Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

IP Law 360

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

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Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) / Hadlima™ (adalimumab-bwwd) / Abrilada™ (adalimumab-afzb) / Hulio® (adalimumab-fkjp) / Yusimry™ (adalimumab-aqvh) / Idacio® (adalimumab-aacf) / Yuflyma® (adalimumab-aaty) / Simlandi® (adalimumab-ryvk) - June 2024

JD Supra Law

*Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under § 102, § 103, or both.

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Microsoft Renews Sanctions Bid Against Texas IP Law Firm

IP Law 360

Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.

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Preliminary Injunction Issued Against Samsung Bioepis in Aflibercept BPCIA Litigation

JD Supra Law

In a sealed order that issued last week, the Court has granted a preliminary injunction against Samsung Bioepis in the aflibercept BPCIA litigation brought by Regeneron.

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Startup Wants to Add More Than $200M To Boeing IP Verdict

IP Law 360

Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.

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Shifting Burden Dooms Patent Owner

JD Supra Law

In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology, Inc. v. Viavi Solutions Inc., IPR2022-01489 (Apr. 11, 2024). Notably, the PTAB shifted the burden of production to Patent Owner to show the ’794 patent was entitled to the filing date of the reference (the “Hendrix” reference) and Patent Owner ultimately failed to show the claims of the.

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Judge Cements Decision Clearing Cisco From $2.75B Ruling

IP Law 360

There will be not be a third trial for a cybersecurity startup that has seen its multibillion-dollar patent win turn into nothing at all, a Virginia federal judge has decided, after a second trial found that Cisco wasn't actually infringing its patents.

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BlawgReview jumps the shark

Likelihood of Confusion

Originally posted 2006-03-13 11:00:34. Republished by Blog Post PromoterWhat should be the last edition is up here. Stick a fork in it; it’s done. UPDATE: Colin Samuels seems to agree; the redoubtable (and eminently dignified) blokes at Law Review Central vow revenge, or something. (What a bunch of clowns.) The post BlawgReview jumps the shark appeared first on LIKELIHOOD OF CONFUSION™.

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Repeat Violations Land Ore. Forwarder Export Denial Order

IP Law 360

An Oregon-based package forwarder has lost export privileges just days before clearing a three-year probationary period for alleged unlicensed rifle scope exports, after an audit revealed 176 new violations, the U.S. Department of Commerce announced Monday.

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Fourth Circuit Rules that Bacardi May Challenge USPTO's Renewal of HAVANA CLUB Registration via Civil Action Under the APA

The TTABlog

In another chapter of the long-running battle over the HAVANA CLUB trademark for rum, the U.S. Court of Appeals for the Fourth Circuit has ruled that Bacardi's challenge to the USPTO's renewal of the registration for that mark may be heard in the federal courts. The EDVA district court had dismissed the case, reasoning that the Trademark Act precludes such an action, but the court of appeals held that the Administrative Procedure Act (APA) permits judicial review.

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Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

IP Law 360

Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

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Sony DMCA Notice Nukes 200 Aniyomi Extensions as Tachiyomi Fork Feels Heat

TorrentFreak

Whether it’s Hollywood movies, TV shows, music, or static publications such as books and magazines, millions of people are now very comfortable consuming content via apps. In many cases, third-party apps simply act as a hub, utilizing content made available by other services. When developers dedicate themselves to a particular content niche, mobile apps can become very popular indeed, especially so when they outgun legitimate apps produced by rightsholders themselves.

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Fed. Circ. Says Errors Led To Injunction In Trade Secrets Suit

IP Law 360

A Federal Circuit panel on Monday overturned a preliminary injunction against a South Korean insulin pump patch manufacturer that allegedly stole trade secrets from a rival, saying a Massachusetts federal court made a series of errors in its determination to grant an injunction.

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