Sat.May 20, 2023 - Fri.May 26, 2023

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What the Warhol Ruling May Mean for AI

Plagiarism Today

The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.

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5 More Contested Cases Before the Copyright Claims Board

Plagiarism Today

Things are starting to heat up at the Copyright Claims Board as we have five new contested cases to look at and analyze. The post 5 More Contested Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 235
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Popular Pirate Bay Proxy Site Disappears From GitHub

TorrentFreak

As one of the most notorious torrent sites, The Pirate Bay has been blocked by ISPs around the world. In response to these digital roadblocks, several proxy sites have sprung up to bypass these restrictions. Besides that, there are dedicated sites that help people to find these backdoors. The Proxy Bay “The Proxy Bay” has long been one of the leading information portals.

Copyright 145
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SCOTUS: “The More a Party Claims for Itself the More it Must Enable”

Intellectual Property Law Blog

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al. , No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.

Invention 246
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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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Introducing Our New Home Page

Erik K Pelton

Erik walks you through our new and improved homepage in this video. The post Introducing Our New Home Page appeared first on Erik M Pelton & Associates, PLLC. Erik walks you through our new and improved homepage in this video.

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Professor Falsely Students of ChatGPT Plagiarism

Plagiarism Today

A Texas A&M University-Commerce professor falsely accused many of his students of AI plagiarism. Here's what happened and why. The post Professor Falsely Students of ChatGPT Plagiarism appeared first on Plagiarism Today.

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Egregious Abuse of the PTAB Process Leads to Adverse Decision Sanctions in IPR Proceeding

Intellectual Property Law Blog

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.” Particularly, the Board determined that Patent Owner, through its counsel, failed to meet its duty of candor and fair dealing before the Board by “selectively and improperly” withholding material inform

Patent 242
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All about responding to a Trademark Office Action

Erik K Pelton

The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant. A great majority of the time, the response is an office action. An office action is a letter—really a refusal—issued by an examining attorney at the USPTO that outlines what requirements have not yet been met in the ap

Trademark 130
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3 Count: Feeling Blue

Plagiarism Today

Cloudflare hit with DMCA subpoena, ACE takes down Spain's largest pirate site and Twitter's new video limit becomes a haven for pirates. The post 3 Count: Feeling Blue appeared first on Plagiarism Today.

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Dutch Police Take Down Massive Pirate IPTV Operation With a Million Users

TorrentFreak

In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. Those who choose the cheapest plans often end up at pirate services. These may work flawlessly for years, until they don’t. Fiscal Police Raid IPTV Service Today, one of the largest pirate IPTV services was taken offline by the Dutch fiscal police ( FIOD ).

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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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Countdown to the Unified Patent Court, Part IV: Financials

IP Watchdog

The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. No doubt, the UPC will become a game changer requiring diligent planning and preparation. In order to faciliate such preparation, we have been providing a series of articles that will deal with the most important aspects of the UPC. Whereas Part 1 focused on the designated UPC judges, Part 2 on the timelines and Part 3 on the remedies that are available at the UPC, this Part 4 will address the financial asp

Patent 126
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10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part I)

Copyright Alliance

Last week’s Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith sent a thunderbolt throughout the copyright community unlike anything we have seen in decades. When the Court issued […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part I) appeared first on Copyright Alliance.

Copyright 115
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3 Count: No Class

Plagiarism Today

YouTube wins a key class action verdict, The Proxy Bay goes offline (and returns) and the Philippines increases copyright powers. The post 3 Count: No Class appeared first on Plagiarism Today.

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‘More Than 600,000 Students and Teachers Use Z-Library’

TorrentFreak

Z-Library has become the go-to site for many readers in recent years by providing access to millions of books, without charging a penny. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators were arrested as part of a criminal investigation.

Reporting 144
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Reactions to Amgen: Hard Work Ahead for Biotech Innovators and Attorneys Trying to Enable Genus Claims

IP Watchdog

As most in the IP world know by now, the U.S. Supreme Court issued its ruling in Amgen v. Sanofi on Thursday, holding that the U.S. Court of Appeals for the Federal Circuit (CAFC) was correct in finding that Amgen’s patents for its popular cholesterol drug failed to meet the enablement requirement. IP practitioners diverge on the degree to which the decision will change patent practice in the biotech industry going forward, with some claiming the Court merely reiterated the existing law on enabl

IP 122
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New Guidance on “Transformative” Use in AWF v. Goldsmith

The Illusion of More

In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit edu­cational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast. Although the consideration in Andy Warhol Foundation […] The post New Guidance on “Transformative” Use in AWF v.

Fair Use 111
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Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

Technology & Marketing Law Blog

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. The court dismisses the lawsuit on summary judgment. The court focuses on the likelihood of consumer confusion. The court starts with a general observation: “Although it might at first seem that one firm’s purchase of another firm’s trademark as a Google keyword would constitute infringement, courts generally have not adopted that view,” citing

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2.5 Billion Visits: ACE Targets 9anime Among Several Pirate Anime Sites

TorrentFreak

In the face of legislation designed to thwart its growth, seizures, prosecutions, dozens of arrests and countless prison sentences have done little to prevent piracy. Anti-piracy enforcement actions, including dozens by the Alliance for Creativity and Entertainment, have taken hundreds of sites out of the game. That’s a solid base for arguing that piracy volumes could’ve been much worse without so much enforcement.

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Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?

IP Watchdog

Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The Supreme Court will soon decide this issue in Abitron v. Hetronic, potentially resolving a long-standing circuit split where six different tests presently co-exist. It will mark the first time since the Court’s 1952 ruling in Steele v.

Trademark 120
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Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’

Copyright Alliance

On May 17, Sy Damle, a former General Counsel (GC) at the U.S. Copyright Office, was one of five witnesses who testified before the House Judiciary Committee’s IP Subcommittee hearing, […] The post Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ appeared first on Copyright Alliance.

Fair Use 111
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The Difference between the Toyota Production System and Lean Manufacturing

Christopher Roser

The Toyota Production System (TPS) is the archetype of lean manufacturing. Lean is often used as a synonym for the Toyota Production System, and that is generally quite accurate. It is also sometimes referred to as the “Westernized” version of the Toyota Production System. However, there are some smaller differences in the underlying approach, as.

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A Decade of Pirate Bay Proxy War: Did ISP Blocking Slay the Hydra?

TorrentFreak

Argentina, Australia, Austria, Belgium and Brazil; just two letters of the alphabet and that’s already five countries that have implemented ISP blocking against The Pirate Bay. The growing list, which continues with Denmark and persists through Finland, France and Germany, doesn’t stop until it reaches the United Arab Emirates and finally, the UK.

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PTAB Sanctions Patent Owner for Abusing IPR Process, Cancels All Claims Challenged by COVID Testing Device Maker

IP Watchdog

The U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) yesterday made public a Sanctions Order against a patent owner that resulted in the cancellation of all 183 claims of five patents challenged in separate inter partes review (IPR) proceedings. The PTAB order said that Longhorn Vaccines & Diagnostics “committed an egregious abuse of the PTAB process” by “selectively and improperly” withholding “material results that were inconsistent with its arguments and

Patent 116
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Supreme Court Affirms Amgen Patents’ Invalidity in Closely Watched Enablement Case

JD Supra Law

The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid, holding that the patents’ disclosures “offer[ed] persons skilled in the art little more than advice to engage in ‘trial and error.’”.

Patent 101
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Ill-Advised Attempt to Blow Up the DMCA Online Safe Harbors Unsurprisingly Fails–Athos v. YouTube

Technology & Marketing Law Blog

Athos owns the copyrights to many classic Mexican films. Users regularly upload its film clips to YouTube. These uploads have irritated Athos since 2014. However, Athos rejected YouTube’s fast-lane options for copyright owners (such as the Copyright Match Tool, Content Verification Program, and Content ID), allegedly because it did not want to agree to release YouTube from liability.

Copyright 104
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European Commission Calls for Pirate Site Blocking Around the Globe

TorrentFreak

In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites, either through court processes or as part of government-backed administrative blocking regimes. Europe has been at the forefront of this blocking wave.

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Painting with a Broad Brush: The European Commission’s Failure to Distinguish Seeking Damages for Past Infringement from Seeking an Injunction

IP Watchdog

Previously, we wrote about how alleged concerns of “hold-up” and a lack of “transparency”, two non-legal terms without accepted definitions, are being used to advocate for special rules applicable to patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing. These vague concepts are specifically chosen to obfuscate the real issues impacting FRAND licensing and used in an effort to shift traditional burdens of proof, regulate behavior previously found not

Licensing 105
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Supreme Court Rules Amgen Cannot Monopolize Class of Antibodies Based On Function

JD Supra Law

The Court held in Amgen Inc. v. Sanofi, 598 U.S. __ (2023) that the "full scope" of the invention defined by the claims must be enabled by the specification. "The more one claims, the more one must enable." Id., at p 13.

Invention 100
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AA and NHPI: Communities Made Visible Together

U.S. Department of Commerce

AA and NHPI: Communities Made Visible Together May 25, 2023 KCPullen@doc.gov Thu, 05/25/2023 - 16:38 The National Oceanic and Atmospheric Administration (NOAA) , an agency of the U.S. Department of Commerce, is crucial in serving and safeguarding communities across the United States, particularly in Hawaii and American Samoa. The employees at NOAA are committed to preserving and protecting our marine resources in a region that reflects the diverse cultures of Asian Americans, Native Hawaiians, a

Business 100
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Certified Anti-Piracy Coach Helps Piracy Addicts Go Legal

TorrentFreak

The insidious nature of a developing addiction often takes people by surprise, regardless of the substance involved, but especially when it’s freely available, all over the internet. While an occasional copy-and-paste is known to alleviate boredom, peer pressure at a vulnerable moment can lead to a whole file or even an entire folder being permanently copied to a USB stick.

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10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part II)

Copyright Alliance

In yesterday’s blog (Part 1), we covered five of the first 10 most important takeaways from the recent Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith. Today, we […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part II) appeared first on Copyright Alliance.

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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The IP Law Blog

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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Ex-Everglades Org. Scientist Found Guilty Of Deleting Docs

IP Law 360

A scientist embroiled in a fight with his former employer The Everglades Foundation is facing jail time after he was found guilty of indirect criminal contempt on Thursday for deleting foundation materials that were on his electronic devices despite a court order barring him from doing so.

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Sharp Rise in Piracy Rates Across Sweden, Denmark, Finland & Norway

TorrentFreak

Mediavision has been tracking citizens’ piracy habits across the Nordic countries since 2010. The company’s annual report for Spring 2023, based on a survey conducted in March, has just been released. With Sweden, Denmark, Finland and Norway under the spotlight once again, Mediavision’s pan-Nordic consumer survey aims to measure unlicensed content consumption among 15 to 74-year-old respondents, across categories including movies and TV shows, and access to both via pirate IPTV

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Types of Intellectual Property Contracts

Intepat

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it. It is highly recommended to seek legal advice while drafting intellectual property agreements because they often involve challenges foraging into interdisciplinary areas such as antitrust laws, franchise regulations, and international trade.