Mon.Dec 04, 2023

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Beyond Plagiarism: 5 Other Authorship Issues in Research

Plagiarism Today

When it comes to authorship issues in research, plagiarism is far from the only one. Here are five other authorship issues to be aware of. The post Beyond Plagiarism: 5 Other Authorship Issues in Research appeared first on Plagiarism Today.

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Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

Hugh Stephens Blog

[link] The news that Google and the Government of Canada managed to strike a deal prior to the coming into force later this month of Bill C-18, the Online News Act, was not really a surprise, at least not to me. Both sides had every incentive to find enough common ground to reach an agreement. … Continue reading "Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. First, on 28 November, the Italian Supreme Court issued what appears to be a key – yet questionable – judgment ( decision 33100/2023 ), tackling the interplay between different IP rights and addressing among other things whether and to what extent an object protected by copyright (as Vespa is, under Italian law) can be precluded trade mark re

Designs 134
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Movie Companies Sue Lawyer in Dispute Over Piracy Settlement Cash

TorrentFreak

While opinions, definitions, and scope vary, it seems fairly clear that lawsuits targeting BitTorrent pirates do little to prevent mass piracy. A steady stream of suspected pirates continuously line up to become the next individuals to face potential legal action, regardless of how many that has happened to previously. For companies whose movies are downloaded and shared illegally, solutions have been developed that allow them to monitor suspected pirates and track them back to their ISPs, befor

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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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Roblox Sanctioned for SAD Scheme Abuse–Roblox v. Schedule A Defendants

Technology & Marketing Law Blog

TIL: Roblox regularly uses the SAD Scheme. I found at least 19 cases. In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Seriously, Roblox? Do better. [Roblox is represented in this case by Michael A. Hierl, Robert Payton McMurray, and William Benjamin Kalbac of the Chicago firm Hughes Socol Piers Resnick & Dym.

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Record Labels Urge Court to Uphold $47 Million Piracy Liability Verdict

TorrentFreak

Late 2022, several of the world’s largest music companies including Warner Bros. and Sony Music prevailed in their lawsuit against Internet provider Grande Communications. The record labels accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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Man Who Says He Invented Post-It Notes Files $1.7B Suit

IP Law 360

An inventor has filed a lawsuit in New York federal court alleging that 3M has made disparaging comments about him regarding the inventorship of the Post-it note, saying he's owed $1.7 billion.

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What the Shell?  LLCs Improperly Used in Attempt to Hide Patent Monetization Firms and Shield Them from Liability 

JD Supra Law

Nimitz Techs. LLC v. CNET Media, Inc., No. CV 21-1247, 2023 WL 8187441 (D. Del. Nov. 27, 2023) - On November 27, 2023, U.S. District Judge Connolly ruled that patent monetization firm and de facto patent owner, IP Edge, and its affiliated business Mavexar, engaged in a fraudulent strategy of (1) conveying various computer and cellphone patents, and de minimis rights therein, to third-party shell LLCs, and then (2) having attorneys (allegedly) representing those LLCs—but who actually answered to.

Patent 71
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Protecting Software Innovation in India

Biswajit Sarkar Copyright Blog

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. The realm of software serves as the driving force behind modern efficiency and innovation in various industries, relying on intricate instructions and programs to accomplish specific tasks. This vital sector, characterized by skilful craftsmanship and significant effort, demands protection against unauthorized use and replication in today’s digitally pe

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Trademark protection in Canada: Pursuing Canadian designations under the Madrid Protocol

JD Supra Law

Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly Review 2023, Canada was the fourth most popular recipient of designations in Madrid Applications, after the United Kingdom, European Union, and the United States.

Designs 68
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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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TEAM USA vs EUIPO – And the winner is…

The IPKat

The decision practice of the EUIPO is not always consistent. This is particularly true for weakly distinctive or even non-distinctive elements such as the word ‘team’. The applications for ‘TEAM SCOTLAND’ (EUTM no. 15143027 ), ‘TEAM SERBIA’ (EUTM no. 17152851 ) and ‘TEAM UK’ (IR designating the EU no. 1447362 ) have been refused. Likewise, the EUIPO refused registration of the mark ‘TEAM USA’ for typical merchandise products.

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Patent Poetry: Federal Circuit Finds Semiconductor Claims Unpatentable

JD Supra Law

The Federal Circuit has affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) finding unpatentable certain claims of a patent for making semiconductor devices. The case is Bell Semiconductor LLC v. Advanced Semiconductor Eng’g, Inc.

Patent 68
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Top 3 posts of the autumn from our IP law blogs

Kluwer Copyright Blog

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today.

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Employment Litigation Roundup: November 2023

JD Supra Law

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants, including a non-compete and a non-solicit. A core factual allegation was that the ex-employee attended a charity golf outing, on behalf of his new employer, hosted by a client that the plaintiff and the new employer shared.

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BREAKING: Fed. Circ. Vacates VLSI's $2.2B Win Over Intel

IP Law 360

The Federal Circuit on Monday vacated a $2.18 billion infringement verdict against Intel Corp., saying the tech giant was wrongly barred from raising a defense that it had newly acquired a license to the computer chip patents owned by VLSI Technology LLC.

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New BPCIA Case Filed: Genentech and Biogen Want to Stop Dr. Reddy’s Rituximab Biosimilar from Entering the U.S. Market

JD Supra Law

On November 17, 2023, Genentech, Hoffman-La Roche, and Biogen (collectively “plaintiffs”) filed a complaint in the federal district court for the District of New Jersey against Dr. Reddy’s Laboratories and Fresenius Kabi (collectively “defendants”) (DNJ No. 23-cv-22485). The plaintiffs allege that the defendants infringe or intend to infringe fifteen patents related to the biologic rituximab, which the plaintiffs sell as Rituxan.

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SpicyIP Weekly Review (November 27- December 03)

SpicyIP

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications Image from here Divide and Rule? The DHC DB’s broad interpretation of the requirement to disclose plurality in provisional or complete specifications instead of the claims is music to the ears

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USPTO Announces Fast Track ?Semiconductor Technology Pilot Program

JD Supra Law

On November 30, 2023, the United States Patent and Trademark Office (USPTO) announced a new pilot program for applicants to freely expedite examinations of applications directed to semiconductor manufacturing, including innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain in support of the CHIPS Act of 2022.

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The Threat You’ve Never Heard of: The Modern-Day Counterfeiter 

Corsearch

The integration of digital solutions and technology in our everyday lives has enabled e-commerce to flourish and be a first point of call when shopping. However, as consumers head online, so do bad actors and criminals. Illegal markets continue to grow and are becoming smarter and more sophisticated, with criminal networks developing organized models to create and sell counterfeit goods.

Brands 52
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Recent Developments in Medical Casts

JD Supra Law

On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks to address limitations in one of orthopedic care’s fundamental treatment methods: the cast. A soggy cast can lead to infections, reduced support, skin infections, and more.

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UDRP: WIPO’s Role In Navigating Domain Name Disputes

Intepat

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements. At the forefront of addressing these challenges is the World Intellectual Property Organization ( WIPO ), offering a mechanism known as the Uniform Domain Name Dispute Resolution Policy (UDRP).

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ITC Monthly Wrap-Up: November 2023

JD Supra Law

This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s motion seeking leave to amend its complaint to add false advertising claims in the 1313 investigation.

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Empowering MSMEs through Patents:  Catalyst for Innovation and Growth

Intepat

In recent years, India has witnessed a remarkable surge in the awareness and utilization of intellectual property rights (IPR) within its Micro, Small, and Medium Enterprises (MSMEs) sector. The government has been supportive to the endeavors of MSMEs, which can be seen through the concession on fees within the IP framework and otherwise. This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highli

Patent 52
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PacBio Sees Most Of Its In-House Legal Dept. DQ'd In IP Row

IP Law 360

A California federal judge on Monday disqualified all but one of Pacific Biosciences' in-house attorneys and legal support staff from working on a patent infringement case against the biotechnology company, adopting PacBio's proposed measures after the judge disqualified a former Perkins Coie LLP attorney last month.

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Trademark Registration in India: Balancing Domestic and International Strategies

Intepat

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity. The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India.

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Dickinson Wright Adds Lewis Brisbois IP Atty In Denver

IP Law 360

Dickinson Wright PLLC bolstered its intellectual property and commercial litigation practice through the addition of a member at its new Denver office from Lewis Brisbois Bisgaard & Smith LLP, the firm announced Monday.

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Unlocking Success: Trademark Filings in India – Your Roadmap to Protection!

Intepat

Why India? India is one of the world’s fastest-growing economies, with projections suggesting that by 2045, India’s purchasing power parity could surpass that of the United States. This indicates a vast consumer base and a thriving market for goods and services in India, providing ample opportunities for manufacturers and producers to introduce their products.

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Cozy Must Hand Over Docs In Patent Suit, Fed. Circ. Rules

IP Law 360

The Federal Circuit has shot down a bid from a child car seat developer challenging a Massachusetts federal magistrate judge's finding that it must produce certain documents in a patent infringement lawsuit.

Patent 52
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CAFC Partially Affirms for VLSI on Infringement But Vacates and Remands for New Trial on Damages

IP Watchdog

On December 4, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in the ongoing patent battle between computer chip patent owner VLSI and major chipmaker Intel Corp. While the court affirmed the infringement findings underpinning the bulk of VLSI’s $2.175 billion jury verdict awarded back in March 2021, the panel ordered a retrial of damages award for one of two asserted patents and dismissed the doctrine of equivalents infringement finding for the other paten

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Fed. Circ. Not Sure It Should Answer PREP Immunity Question

IP Law 360

Puritan Medical Products told the Federal Circuit it's immune from a rival's patent suit over COVID-19 test swabs due to a law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, but the panel didn't seem sure it was its place to decide.

Law 52
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Wischenbart Report On Global 50 Publishers Arrives

Velocity of Content

The 2023 edition of the Global 50 Publishing Ranking is a story of marketplaces that comes with a few twists, says Rüdiger Wischenbart , author of the annual report on publishing markets and business performance. Data is extensive on the world’s largest publishers, yet insufficient for the nontraditional self-publishing market. And while books remain a dominant format, reading and discussing stories, as well as the IP generated from books, have become integrated in consumers’ experiences and

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Leave The Courtroom Doors Open, Says Apple Foe

IP Law 360

Apple and lawyers for a small startup that accuses the tech giant of illegally blocking it from the smartwatch marketplace are fighting over how accessible a key hearing in the case will be.

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The Threat You’ve Never Heard of: The Modern-Day Counterfeiter 

Corsearch

The integration of digital solutions and technology in our everyday lives has enabled e-commerce to flourish and be a first point of call when shopping. However, as consumers head online, so do bad actors and criminals. Illegal markets continue to grow and are becoming smarter and more sophisticated, with criminal networks developing organized models to create and sell counterfeit goods.

Brands 52
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Seagen Looks To Revive Cancer Drug Claims In Daiichi Fight

IP Law 360

U.S. biotech company Seagen Inc. will look to revive its claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, arguing that an arbitrator disregarded the "language and essence" of an underlying collaboration agreement.

Patent 52
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Unraveling the Legal Knot: Copyright Infringement and the UFC Broadcast Case

Indiana Intellectual Property Law

Joe Hand Promotions, Inc., a Pennsylvania -based corporation, alleges ownership of exclusive distribution rights for broadcasting premier sporting events, including the Ultimate Fighting Championship® (UFC). Through agreements with copyright holders, Joe Hand Promotions, Inc. claims they obtained authorization to exhibit UFC 246: McGregor vs. Cowboy.