December, 2023

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Winnie the Pooh’s Copyright (and Other) Wars

Hugh Stephens Blog

Image: [link] I am sure you are all familiar with the books by the British writer A.A. Milne about Winnie the Pooh-bear and his friends, Eyeore, Piglet, Kanga, Roo, Rabbit, Owl, Tigger, and their adventures with Christopher Robin, who was Milne’s son.

Copyright 214
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Understanding the Claudine Gay Plagiarism Scandal

Plagiarism Today

Harvard President Claudine Gay is under fire not just for her answers before Congress, but allegations of plagiarism. Here's what's going on. The post Understanding the Claudine Gay Plagiarism Scandal appeared first on Plagiarism Today.

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Artificial Intelligence and Copyright in China: Lessons from a Recent Court Case

Patently-O

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.

Copyright 139
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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

In Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed. Cir. Sept. 15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed.

Art 162
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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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‘The Last of Us’ Is The Most Pirated TV Show of 2023

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV shows among torrenting pirates. For several years in a row, the list was headed by Game of Thrones but that reign came to an end after the series ended. In the years that followed, Disney+ releases stepped in to fill the void, with ‘Wandavision’ and ‘The Mandalorian’ taking wins in 2020 and 2021 respectively.

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The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

Michael Geist

After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention.

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Responding to Hbomberguy’s Plagiarism Video

Plagiarism Today

Recently, YouTuber hbomberguy posted a massive video about plagiarism on YouTube. Here, I break it down and analyze the details. The post Responding to Hbomberguy’s Plagiarism Video appeared first on Plagiarism Today.

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Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices

Copyright Alliance

The legal and ethical concerns surrounding generative artificial intelligence (AI) systems being trained on copyrighted works are currently under scrutiny, with the U.S. Copyright Office conducting an Artificial Intelligence Study […] The post Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices appeared first on Copyright Alliance.

Copyright 144
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Petitioner Failed to Establish Standing in IPR Appeal

Intellectual Property Law Blog

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Background Cloudbreak owns U.S. Patent No. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

Marketing 162
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Fraudsters Use AI to Sell Fake Pirated Pre-Release Tracks, Universal Music Warns

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. On the flip side, it also presents several threats. This ranges from complex existential worries to concerns about AI-related copyright infringement, which is already widespread. Tthese copyright concerns will be discussed next month at a meeting of WIPO’s Advisory Committee on Enforcement, where several stakeholders will present their thoughts.

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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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Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

IP Watchdog

On December 11, the Review Board of the U.S. Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. The decision to affirm the refusal marks the fourth time a registrant has been documented as being denied the ability to obtain a copyright registration over the output of an AI system following requests for reconsideration.

Copyright 141
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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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Should Students Stop Using Grammarly?

Plagiarism Today

A viral TikTok warns students, if your work is submitted to Turnitin, you need to uninstall Grammarly. Is this true and, if so, why? The post Should Students Stop Using Grammarly? appeared first on Plagiarism Today.

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The Generative AI Fair Use Defense Under Google Books

The Illusion of More

After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether […] The post The Generative AI Fair Use Defense Under Google Books appeared first on The Illusion of More.

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PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline

Intellectual Property Law Blog

In Purdue Pharma L.P. v. Collegium Pharmaceutical, Inc. 2022-1482 (Fed. Cir. Nov. 21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. Background In September 2017, Purdue Pharma L.P. (“Purdue”) sued Collegium Pharmaceutical, Inc.

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Science Fiction and Fantasy Writers Take Aim at AI Freeloading

TorrentFreak

Over the past year, artificial intelligence enjoyed its mainstream breakthrough. The instant success of ChatGPT and follow-up releases of other large language model-based tools kickstarted what many believe is a new revolution. By now it is clear that AI offers endless possibilities. At the same time, however, it has ignited many new worries. Copyright holders, in particular, are concerned that their work is being used as training models but without permission. ‘Piracy-Trained’ AI Mo

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What Lies Ahead: Here’s What IP Practitioners Will Be Watching in 2024

IP Watchdog

We are less than 24 hours out from 2024 and, after reflecting on what mattered in 2023 and other year-in-review recaps, it is now time once again to ponder what lies ahead. From exciting patent legislation to Supreme Court trademark and copyright cases that could have big implications, here is what the IPWatchdog community will be keeping on its radar in the new year.

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Top Tips for Avoiding Trademark Scams

Erik K Pelton

The following is an edited transcript of my video Top Tips for Avoiding Trademark Scams No matter how many times I speak, post, and warn about them, scams are everywhere, and I get messages from people who are receiving scams almost every week. Tip #1 for avoiding trademark scams is know your registration renewal dates. Many scams try to get you to renew your trademark long before it’s even possible, so if you know the renewal dates, you can avoid those.

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The 5 Dumbest Copyright Stories of 2023

Plagiarism Today

2023 was a banner year for copyright. However, the past 12 months also featured some real missteps and obvious mistakes. The post The 5 Dumbest Copyright Stories of 2023 appeared first on Plagiarism Today.

Copyright 317
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Hot Take on the Wavy Baby Decision (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Christine Haight Farley Because it is grading season, when I read the Second Circuit’s per curiam decision in Vans, Inc. v. MSCHF Prod. Studio, Inc. , 2023 U.S. App. LEXIS 32063 (2d Cir. 2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion.

Blogging 130
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Anticipation and Obviousness in Patent Law: An Analysis of Recent IPR Decisions

Intellectual Property Law Blog

In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed. Cir. Aug. 16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Background Palette Life Sciences, Inc.

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Torrent Site Switched Domains 39 Times This Year to Evade ISP Blocks

TorrentFreak

Website blocking is the entertainment industry’s preferred anti-piracy strategy in dozens of countries. Targeting domain names of pirate sites can be an effective way to deter casual pirates. When a site can no longer be easily located, some users may give up, especially since Google now deindexes blocked domains as well. Popular pirate sites have been familiar with these measures for years now.

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Generative AI is a lot Like a Video Tape Recorder, No?

The Illusion of More

In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014. In this post, I want to address another claim that has arisen—both on social media, and in comments to the Copyright Office—namely that generative AI companies should be shielded […] The post Generative AI is a lot Like a Video Tape Recorder, No?

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Top Trademark Trends of 2023

Erik K Pelton

Erik shares his annual roundup of this year’s top trademark trends in this podcast. The post Top Trademark Trends of 2023 appeared first on Erik M Pelton & Associates, PLLC. Erik shares his annual roundup of this year’s top trademark trends in this podcast.

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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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Skinny Label Avoids Infringement

Patently-O

by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H.

Patent 126
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Federal Circuit Affirms PTAB’s Ruling of Obviousness for the Colorization of Fabrics

Intellectual Property Law Blog

In Jodi A. Schwendimann, fka Jodi A. Dalvey, v. Neenah, Inc., Avery Products Corporation, No. 2022-1333, 2022-1334, 2022-1427, 2022-1432 (Fed. Cir. October 6, 2023) (“Opinion”) , the case addresses whether there was substantial evidence to support that a person of ordinary skill in the art had motivation and a reasonable expectation of success in combining references to render obvious the incorporation of a white pigment of a first reference to the layers of a transfer sheet of a second referenc

Art 147
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Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

Copyright 140
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Is Site Blocking Finally Within Sight?

The Illusion of More

With all the talk about AI, one might think the problem of old-school media piracy has abated, but this week, the House Judiciary Committee held a hearing entitled Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators. Although much of the conversation was familiar territory (i.e., the economic value of the creative industries and the […] The post Is Site Blocking Finally Within Sight?

Copyright 128
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All About the New USPTO Trademark Search System

Erik K Pelton

Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast. The post All About the New USPTO Trademark Search System appeared first on Erik M Pelton & Associates, PLLC. Erik introduces you to the new USPTO search engine and shares his thoughts about the updated platform in this podcast.

Trademark 130
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When AI Plagiarizes AI

Plagiarism Today

With the launch of Grok, xAI's new AI system, questions arose about where its data came from and if it was copying OpenAI's homework. The post When AI Plagiarizes AI appeared first on Plagiarism Today.

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Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

The IPKat

This Kat is always on the hunt for new copyright rulings. This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract.

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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

Intellectual Property Law Blog

In Medtronic, Inc., Medtronic Vascular, Inc. v. Teleflex Innovations S.A.R.L. , the case addresses whether the final written decisions in a consolidated inter partes appeal (“IPR”) correctly found that U.S. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions.

Art 147
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RIAA Files Massive ‘Repeat Infringer’ Copyright Lawsuit Against U.S. ISP Altice

TorrentFreak

On December 14, 2022, a group of music rightsholders including BMG, UMG, and Capitol filed a complaint at a Texas district court, accusing Altice, the parent company of ISP Optimum, of facilitating massive copyright infringement. Just days ahead of that lawsuit’s one-year anniversary , Altice now finds itself fighting a second and substantially similar lawsuit, filed by 49 member labels of the RIAA at the same Texas court.

Copyright 135
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A Look Back at India’s Top IP Developments of 2023

SpicyIP

[ This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah ]. As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. And as we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements

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