Sat.Dec 16, 2023 - Fri.Dec 22, 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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5 Ways Copyright Has Changed Christmas

Plagiarism Today

Christmas and copyright go together as often gingerbread cookies and milk. Here's just five ways that copyright has changed Christmas. The post 5 Ways Copyright Has Changed Christmas appeared first on Plagiarism Today.

Copyright 290
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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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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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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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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.

Trademark 130
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Copyright Claims Board Awards Photographer Minimum Damages

Plagiarism Today

Last week, two photographers won very different awards for their work. One got $6.3 million, the other less than $2,500. Here's why. The post Copyright Claims Board Awards Photographer Minimum Damages appeared first on Plagiarism Today.

Copyright 280

More Trending

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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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BREAKING: AI Can't Be Patent Inventor, Top UK Court Rules

IP Law 360

The U.K.'s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

Inventor 122
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3 Count: Did Not Pass

Plagiarism Today

Amazon/Tolkien estate win fan fiction lawsuit, the EU declines to geofence film content, and the Internet Archive files an appeal in book case. The post 3 Count: Did Not Pass appeared first on Plagiarism Today.

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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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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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Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is a non-profit operation that scans physical books, which can then be lent out to patrons in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.

Fair Use 135
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Beer Law: Navigating Regulations and Policies for Beer Enthusiasts

JD Supra Law

Introduction: Emphasizing the importance of understanding beer laws and regulations - Square Peg Brewerks LLC successfully navigated a trademark dispute by understanding beer laws and regulations.

Law 117
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3 Count: Singing CATS

Plagiarism Today

Andrew Lloyd Webber wins CATS lawsuit, Temu sues Shein again, and Apple settles long-running case against Corellium. The post 3 Count: Singing CATS appeared first on Plagiarism Today.

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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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How Future YouTube Policies Affect Today’s Creativity & Tomorrow’s Income

TorrentFreak

Having networked computers at home used to be called…well, having networked computers at home. As a description, it’s both accurate and boring, something that cannot be said about having a ‘homelab’ “A home lab, or simply lab,’ is a personal space where technology enthusiasts, professionals, and hobbyists can experiment with various hardware and software.

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Basic IP fundamentals: a recent survey among the IP community

The IPKat

On 30 November 2023, the Center for Intellectual Property Understanding (CIPU) published the findings of a survey on “Intellectual Property Principle – What the IP Community regards as important” ( executive summary and slides ). The survey was conducted by response:AI, an independent market research firm. The survey The survey was launched on 14 September 2023 and ended on 27 October 2023 with the goals of assessing the attitudes and beliefs towards IP among inventors, creators, IP lawyers, ser

IP 115
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5 Warning Signs a Copyright Notice May Be False

Plagiarism Today

Hosts often receive massive numbers of copyright notices, few of which turn out to be false. Still, it's important to spot the fakes. The post 5 Warning Signs a Copyright Notice May Be False appeared first on Plagiarism Today.

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Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s About-Face on Its Stipulated Claim Construction

Intellectual Property Law Blog

In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc. , No. 2022-1048 (Fed. Cir. Oct. 13, 2023) , the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel was subsequently vacated. The Federal Circuit also examined various arguments attempting to circumvent an agreed-upon claim construction as well as the district court’s application of that construction in finding non-infringement, and the propriety of excluding expert testim

Patent 130
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“Home Alone” Enjoys Seasonal Piracy Spike as Christmas Draws Near

TorrentFreak

People who pirate movies may be more likely to show psychopath traits ; they are not immune to seasonal traditions. As the days get shorter, downloads of specific pirated movies start to increase. This includes Christmas classics such as Home Alone, The Grinch, and Elf. In 2022 we revealed that Home Alone is by far the most pirated Christmas classic and a year later, that hasn’t changed.

Reporting 125
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The Increased Use of Analytics in Sports Could Lead to a Rise in Employment and Trade Secret Lawsuits

JD Supra Law

The recent lawsuit filed by the New York Knicks against a former employee, the Toronto Raptors’ parent organization, and the Raptors’ head coach, could be a harbinger of a rise in employment and trade secret litigation in sports. Such an increase will likely stem in part from teams’ reliance on analytics— and franchise’s efforts to shield those models from the eyes of competitors.

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3 Count: Queen and Country

Plagiarism Today

More authors join lawsuit against OpenAI/Microsoft, People's Joker gets release date, and Queen's Brian May apologizes to fans. The post 3 Count: Queen and Country appeared first on Plagiarism Today.

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Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

Intellectual Property Law Blog

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Background Medtronic petitioned for inter-partes review of U.S. Patent Nos. 8,048,032; RE45,380; and RE45,776 that cover catheters to treat stenosis, that is, a narrowing of the lumen of a patient’s arteries due to the buildup of plaque.

Copying 130
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UFC Wants Pirated Livestreams Knocked Down Faster

TorrentFreak

The UFC has promoted mixed martial arts fights for three decades. Today, however, the company is also fighting a battle of its own against online piracy. Unauthorized views of UFC events have taken off in recent years. The organization is trying to put a stop to these pirated livestreams, but that’s proving to be a drawn-out battle. Last week, General Counsel Riché McKnight shared UFC’s concerns with lawmakers during a House Judiciary Subcommittee hearing.

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The 12 CCB Final Determinations

Copyright Alliance

Though not a partridge in a pear tree or five golden rings for the 12 days of Christmas, the Copyright Claims Board (CCB) has gifted the copyright community with 12 […] The post The 12 CCB Final Determinations appeared first on Copyright Alliance.

Copyright 115
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Congress to Investigate Claudine Gay Plagiarism Allegations

Plagiarism Today

A House committee has announced they are investigating Harvard's Claudine Gay as new plagiarism allegations come to light. The post Congress to Investigate Claudine Gay Plagiarism Allegations appeared first on Plagiarism Today.

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Basic Principles and Steps of Design Similarity Comparison |The Patent Infringement Case of “Beauty Roller”

JD Supra Law

Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic principle that the determination of identical or similar designs should take into consideration the overall visual effect based on the design features of the granted design and the accused infringing design.

Designs 115
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Canal+ Demands €7,000,000 From Streaming Pirate, Court Awards €60,000

TorrentFreak

Those who stream content illegally online are regularly portrayed as generating huge profits at the expense of legitimate content owners. In broad terms it’s an accurate summary; pirates invest nothing in the creative process and therefore risk none of their own time or money. What pirates do risk, in some cases for surprisingly little profit, is legal action in both civil and criminal courts.

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MERRY CHRISTMAS!

The IP Law Blog

Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel. It is not very appealing. The listed prior art includes a backscratcher, so maybe that is what this is for.

Inventor 113
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3 Count: Beauty and the Jury

Plagiarism Today

Disney motion capture case goes to the jury, BRIN claims man sends false takedowns to remove coverage, and sun powers cause accusations on X. The post 3 Count: Beauty and the Jury appeared first on Plagiarism Today.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. There are many misconceptions and confusions with regards to G 2/21 , not least its relevance to the slippery concept of plausibility.

Invention 112
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Premier League Targets Dozens of Illegal Streaming Sites in U.S. Court

TorrentFreak

Early December the English Premier League announced a new broadcasting rights deal worth a staggering £6.7 billion (US$8.5 billion). Running for four seasons from the 2025-26 campaign, the deal will see broadcasters Sky and TNT take the live games and the BBC continue with its popular highlights package. Amazon, which has been licensing Premier League games since 2019, hoping to drive customers towards its Prime service, wasn’t awarded a single match.

Licensing 121
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The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

The IP Law Blog

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Bolstered by 5th Circuit, Federal Circuit Again Rejects WTDX Judge Albright’s Venue Analysis

Patently-O

by Dennis Crouch The Federal Circuit has granted a large number of mandamus petitions in order to move cases out of Judge Alan Albright’s W.D.Tex. courtroom based upon the inconvenience felt by large multinational defendants. On December 14, 2023, the appellate court once again took the extraordinary step, this time on behalf of Samsung, of granting a petition for a writ of mandamus, ordering the infringement lawsuit to be transferred to the Northern District of California.

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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO's strict approach to added matter. The decision highlights the inadequacy of mere lists of various features for satisfying the basis requirements in Europe.

Patent 111
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‘Transnational’ Pirate IPTV Operation Targeted By Italian Law Enforcement

TorrentFreak

Pirate IPTV services are a major cause for concern among broadcasters globally. In Italy, illegal streaming has grown in relevance to become part of a nationwide conversation. Fueled by a national passion for top-tier football matches, viewable only by those who can afford a subscription, pirate IPTV services and other illegal streaming platforms found fertile ground in Italy.

Law 116