Mon.Nov 04, 2024

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NASA: Copyright and Trademark in Space

Plagiarism Today

While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them. The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today.

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Piracy Shield Crisis Erupts as AGCOM Board Member Slams Huge Toll on Resources

TorrentFreak

RIPE NCC , the regional Internet registry (RIR) for Europe, the Middle East, and parts of Central Asia, currently has over 10,000 members, typically Internet service providers and telecoms organizations. The organization’s latest meeting, RIPE89 , ran for three days last week and was open to all. A presentation by Massimiliano “Max” Stucchi titled: Blocking and Censoring the Italian Internet for Football Reasons , told the story of how “a small group of (influential) peop

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3 Count: Four Chords

Plagiarism Today

Ed Sheeran wins Thinking Out Loud lawsuit, Ecuador group tries to forest named as an author, and Malware operators spam fake copyright notices. The post 3 Count: Four Chords appeared first on Plagiarism Today.

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Second Circuit Finds Marvin Gaye and Ed Sheeran Similarities Too Unoriginal for Copyright Protection

IP Watchdog

Late last week, the U.S. Court of Appeals for the Second Circuit issued a ruling in Structured Asset Sales, LLC v. Sheeran affirming the Southern District of New York’s dismissal of copyright infringement claims filed against British singer-songwriter Ed Sheeran over his 2014 single “Thinking Out Loud.” Assessing arguments made by a co-rightsholder to Marvin Gaye’s 1973 single “Let’s Get It On,” the Second Circuit found that the district court properly limited the scope of the infringement alleg

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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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[Video] Ryan MacDougall Discusses Business Development in the Legal Industry

JD Supra Law

Ryan MacDougall is the Chief Business Development Officer for Wolf Greenfield. Since joining the firm in 2010, he has worked closely with the firm's executive leadership, management, and practice groups to build and implement strategies that have made Wolf Greenfield one of the largest IP law firms in the US. Utilizing his in-depth knowledge of the intellectual property space, Ryan maintains a strong focus on client experience and satisfaction as he oversees the firm’s Client Services.

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PREVAIL Bill Is Another Misguided Attempt To Restrict PTAB

IP Law 360

The decade-long campaign against the U.S. Patent and Trademark Office's Patent Trial and Appeal Board — currently focused on the PREVAIL Act that's slated for markup in the Senate — is not really about procedural issues, and it is not aimed at securing more accurate patentability decisions, says Clear IP's Joseph Matal, former acting director at the USPTO.

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Social Media, Creative Theft, and Copyright: What Every Independent Artist Needs to Know

Intepat

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation. Registering a song’s copyright provides proof of ownership, an invaluable tool in resolving disputes or dealing with unauthorized use.

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Loyalty rebates: a final word from the European Court of Justice in Intel?

JD Supra Law

In May 2009, the European Commission (EC) fined Intel EUR1.06 billion for abusing its dominant position in the x86 microprocessor market (CPUs). The EC concluded that Intel had granted anticompetitive loyalty rebates to computer manufacturers, and paid manufacturers to halt or delay the launch of products containing rivals’ x86 CPUs and limited the sales channels….

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Navigating Copyright in the Age of Generative AI: Responsible AI Starts with Licensing

Velocity of Content

Businesses in seemingly every industry are rapidly embracing artificial intelligence, particularly generative AI, to revolutionize their operations, enhance productivity, and drive innovation. According to McKinsey’s latest Global Survey on AI , adoption of generative AI has nearly doubled in just ten months, with 65% of respondents reporting that their organizations are now regularly using the technology.

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Purdue Pharma L.P v. Accord Healthcare Inc. - OxyContin® (oxycodone HCl)

JD Supra Law

Case Name: Purdue Pharma L.P v. Accord Healthcare Inc., Civ. No. 22-913-WCB, 2024 WL 4120717 (D. Del. Sept 9, 2024) (Bryson, J.) Drug Product and Patent(s)-in-Suit: OxyContin® (oxycodone HCl); U.S. Patent No. 11,304,908 (“the ’908 Patent”).

Patent 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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Michael Grecco v. University of Southern California

BYU Copyright Blog

Michael Grecco v. University of Southern California November 04, 09:23 AM November 04, 09:23 AM In 2004, a photographer named Michael Grecco (Grecco or Plaintiff) created and registered several photos with the U.S. Copyright Office. Last October, Grecco filed a Complaint against the University of Southern California (USC), alleging that USC used one of his copyrighted works without permission at some point between 2004 and 2023.

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Patent Poetry: What’s Happening with AI and Copyright Law

JD Supra Law

Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law. Here’s a roundup of some recent developments in the area of copyright law and AI.

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Finance Cos. Can't Prove Trade Secret Theft, Conn. Court Told

IP Law 360

A Connecticut financial adviser denied stealing trade secrets from his former firm and improperly accessing its computer systems after he resigned to run his own company, telling a state court that his onetime employer and its affiliates cannot prove the allegations in a lawsuit they brought against him.

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Four Steps to Maximize AI Innovation in Medtech

JD Supra Law

Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024.

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Boeing Agrees To End Virgin Galactic Secrets, Contract Fight

IP Law 360

Boeing has agreed to end a breach of contract and trade secrets lawsuit it launched against Virgin Galactic stemming from a deal for a Boeing subsidiary to develop certain aircraft used to launch commercial spaceships.

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When Are Pending Trademark Applications Subject to Court Review?

JD Supra Law

Generally, third parties who believe they may be harmed by a trademark registration can challenge a USPTO trademark application through the Trademark Trial and Appeal Board. However, do third parties have another avenue in challenging such applications in federal court?

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Judge 'Sorry' Before IP Retrial: 'My Mind Has Been Elsewhere'

IP Law 360

A New York federal judge has apologized for not being prepared at a pretrial conference ahead of a damages retrial between lighting fixture company Lutron Electronics and the company whose window shade patent it was found to infringe, GeigTech East Bay.

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Expert Testimony Excluded under Kyocera Where Party Failed to Establish its Expert Possessed the Necessary 'Advanced Training and Experience'

JD Supra Law

The Federal Circuit’s decision in Kyocera Senco Industrial Tools Inc. v. International Trade Commission articulated a bright-line test for patent expert admissibility: to testify from the perspective of a “person of ordinary skill in the art” (POSITA), the expert must at least meet the definition of a POSITA for the patents-in-suit.

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Startup Beats $460M Cancer Trade Secrets Case In Delaware

IP Law 360

In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.

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Court Dismisses AI Scraping Claim, But Grants Leave to Amend

JD Supra Law

We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive rulings on some of the AI issues. Instead, the court has granted Defendant’s motion to dismiss for lack of personal jurisdiction, but granted Plaintiff leave to amend.

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Firm Says 3D Printer Biz Owes $7.2M For Patent Trial Win

IP Law 360

Less than a year after obtaining a $17.3 million verdict from a Delaware federal jury in a patent case over 3D printing technology, one of the firms behind the win says its erstwhile client hasn't paid it over $7 million in legal fees.

Patent 52
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Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

JD Supra Law

The sufficiency of evidence required to support a denial of a motion for judgment as a matter of law and a motion for a new trial for infringement, willful infringement, and damages.

Law 61
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NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'

IP Law 360

The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.

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Imprecise Claim Charts and Improper Incorporation By Reference Result in Institution Denial

JD Supra Law

On March 23, 2024, Nearmap US, Inc. (“Nearmap”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 10,671,648 (“the ’648 Patent”) (“IPR716”), assigned to Eagle View Technologies, Inc. (“Eagle View”). The ’648 Patent relates to integrating information associated with particular geographic locations in a centralized database that may be queried for a time history of any of the locations.

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Patent Co. Looks To Combine Antitrust Case With Consumers

IP Law 360

Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.

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Warby Parker Prevails Against 1-800 Contacts in Keyword Advertising Dispute - Kattison Avenue | Issue 13

JD Supra Law

In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The dispute involved Warby Parker's use of keyword advertising tied to 1-800's trademarks, which causes internet search results for 1-800 to display paid advertisements for Warby Parker's website at or near the top of the results page. 1-800 had claimed that this amounted to.

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Ericsson Settles Cell Site Patent Case On Eve of Texas Trial

IP Law 360

Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.

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Navigating the Aftermath of Medication Errors

Nelligan Law

Reading Time: 2 minutes Medication errors are a common yet preventable cause of harm. These errors can occur at any point: from prescribing and dispensing medications to the delivery and monitoring of drug usage. This blog post will discuss what constitutes a medication error, how these errors occur, their potential impact on patients, and the legal options available to those affected.

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Federal Trade Commission Atty Returns To Katten In DC

IP Law 360

An attorney who spent more than a decade at the Federal Trade Commission has returned to private practice at Katten Muchin Rosenman LLP, where he began his legal career, boosting the firm's offerings for clients as they navigate increased antitrust scrutiny and enforcement.

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Understanding the Legal Implications of Failure to Warn of Medical Risks in Ontario

Nelligan Law

Reading Time: 2 minutes When patients undergo medical treatments or procedures, they have the right to be informed about the potential risks of those treatments and procedures. This process, known as informed consent, is important under Ontario law. Failing to warn patients of possible risks undermines the patient’s ability to make informed decisions about their health.

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Justices Say Gov't Can Join Oral Arguments In $47M TM Case

IP Law 360

The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.

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Supreme Court Asked to Address Constitutionality of Judge Newman Removal

Patently-O

by Dennis Crouch Miller Mendel, Inc. has petitioned the Supreme Court to review a Federal Circuit decision invalidating its background check software patent in a case that raises questions about both judicial independence and patent eligibility standards. The petition comes after both the district court and Federal Circuit found Miller Mendel's US Patent No. 10,043,188 ineligible under § 101 as directed to an abstract idea.

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University Of Miami Wins Trademark Feud Over 'Canes' and 'U'

IP Law 360

A Florida federal judge has agreed to block an online retail company from selling products that use any symbol that is similar to trademarks the University of Miami has relating to its colored "U" symbol and the school's use of the word "Canes.

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A Tale of Two Dewberries: Corporate Structure vs. Trademark Remedies

Patently-O

by Dennis Crouch The Supreme Court is set to hear arguments in Dewberry Group v. Dewberry Engineers (No. 23-900) in December 2024, addressing the trademark-specific question of whether courts can disgorge profits earned not by the defendant itself, but also by legally separate non-party corporate affiliates. In many ways, I see this case largely as a corporate "structure of the firm" case.

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Sandoz Wins $70M In Antitrust Suit Over Hypertension Drug

IP Law 360

A New Jersey federal court awarded Sandoz Inc. just over $70 million in damages in a case accusing biopharmaceutical firm United Therapeutics Corp. of blocking the sale of a generic version of a hypertension medication, according to a Friday order.

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