Sat.Dec 09, 2023 - Fri.Dec 15, 2023

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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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CBC Investigation Documents the Challenge for Writers: Works by Prominent Canadian Authors are Included in AI Training Data (So What Happens Now?)

Hugh Stephens Blog

Photo: Author The CBC—which, by the way, has just announced it will be cutting 10% of its workforce owing to reductions in the funding it receives from Parliament, cuts that unfortunately will probably curb its investigative programming—has “revealed” that works by a number of prominent Canadian authors such as Margaret Atwood, Alice Munro, Robertson Davies, … Continue reading "CBC Investigation Documents the Challenge for Writers: Works by Prominent Canadian Authors are Included in AI Tr

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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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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.

Law 145
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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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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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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.

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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.

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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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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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Axonics v. Medtronic

Intellectual Property Law Blog

The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents. Background Medtronic sued Axonics for patent infringement. Medtronic’s invention concerns a medical device that stimulates sacral nerves.

Art 147
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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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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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3 Count: Avengers Assemble

Plagiarism Today

Marvel settles final copyright termination dispute, Piracy Shield goes online in Italy and Adam McKay faces Don't Look Up lawsuit. The post 3 Count: Avengers Assemble appeared first on Plagiarism Today.

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US Copyright Office Rejects Bid To Register AI-Generated Art

IP Law 360

The U.S. Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

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Federal Circuit Weighs in on Relevance of Primary Reference’s Intended Purpose to a POSITA’s Motivation to Combine

Intellectual Property Law Blog

In Medtronic, Inc., Medtronic Vascular, Inc., v. Teleflex Innovations S.A.R.L. , the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Background Teleflex Innovation S.A.R.L.

Designs 147
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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.

Music 130
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3 Count: Consolidating Meta

Plagiarism Today

Authors consolidate and refile AI case against Meta, pirate TV services sued in New York and new details about Italy's Piracy Shield. The post 3 Count: Consolidating Meta appeared first on Plagiarism Today.

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Toyota Practical Problem Solving (PPS)—Targets and Root Causes

Christopher Roser

In the previous posts on this series of the Toyota Practical Problem Solving (PPS) I went into detail on how to understand the problem by clarifying the problem and breaking it down to get the prioritized problem. In this post I will look at target setting and root-cause analysis. Setting the target and doing the. Read more The post Toyota Practical Problem Solving (PPS)—Targets and Root Causes first appeared on AllAboutLean.com.

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Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement

Intellectual Property Law Blog

In United Therapeutics Corp. v Liquidia Tech Inc. , the Federal Circuit reviewed the district court’s decision on invalidity and infringement of two pharmaceutical patents and the impact of the Final Written Decision (FWD) in a parallel inter-partes review (IPR) upon the district court’s decision. Background Liquidia filed a New Drug Application for Yutrepia TM , its non-generic dry powder inhalation formulation of the drug treprostinil, under § 505(b)(2) of the Food, Drug, and Cosmetic Act.

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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the specified concentration of the active substance (insulin) in the pharmaceutical formulation.

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3 Count: Spotify’s Return

Plagiarism Today

US ISP hit with massive copyright lawsuit, trial over Disney-used face capture software continues and Spotify will not leave Uruguay. The post 3 Count: Spotify’s Return appeared first on Plagiarism Today.

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FDA Approves First Cell-Based Therapies for Treatment of Sickle Cell Disease

JD Supra Law

On December 8, 2023, the FDA approved the first cell-based gene therapies for the treatment of sickle cell disease (SCD) in patients 12 years and older—Vertex’s CASGEVY and Bluebird’s LYFGENIA. SCD is a group of inherited blood disorders affecting approximately 100,000 people in the U.S. and inducing a median life expectancy of 45 years.

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Federal Circuit Vacates District Court’s Claim Construction of the Term “Pipette Guiding Mechanism”

Intellectual Property Law Blog

In Malvern Panalytical Inc. v. TA Instruments-Waters LLC , the Federal Circuit addressed the proper construction of the claim term “pipette guiding mechanism.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence.

Invention 130
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The Biggest Patent Rulings Of 2023

IP Law 360

Over the last year, the Federal Circuit has suspended one of its own judges, Delaware's chief federal judge has told the U.S. Department of Justice to investigate attorneys practicing in his court, and the Federal Circuit vacated a huge infringement verdict. Here's what you need to know about these cases and other major decisions in 2023.

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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?

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Denosumab Biosimilar Updates

JD Supra Law

​​​​​​​Celltrion Submits Denosumab BLA to FDA: On November 30, 2023, it was reported that Celltrion had completed submission of its application to the FDA for CT-P41, its denosumab biosimilar of Amgen’s PROLIA and XGEVA.

Reporting 117
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PTAB’s Decision of a Singular-Only Construction of the Term “The Sample Stream” Reversed

Intellectual Property Law Blog

In ABS Global, Inc., Genus plc v. Cytonome/ST, LLC , the case addresses a claim construction issue regarding whether a claim term is plural-allowing. Background ABS Global Inc. and Genus plc (collectively, ABS) petitioned for an inter partes review of claims 1, 2, 6, 8, and 9 of U.S. Patent No. 10,583,439 (the “’439 patent”) owned by Cytonome/ST, LLC.

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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.

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Piracy Shield: IPTV Blocking Orders Apply to All DNS & VPN Providers

TorrentFreak

Italy’s Piracy Shield anti-piracy system reportedly launched last week , albeit in limited fashion. Whether the platform had any impact on pirate IPTV providers offering the big game last Friday is unclear but plans supporting a full-on assault are pressing ahead. Technical and Operational Requirements A new document released by AGCOM describes Piracy Shield as a “single technology platform with automated operation” and elsewhere as a piece of “machine-to-machine platform

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USPTO Issues Supplemental Guidance on Design Patent Protection for Computer-Generated Electronic Images

JD Supra Law

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. The guidance was provided to the patent examination core to assist with determining whether a design patent claiming a computer-generated electronic image satisfies the article of manufacture requirement under 35 U.S.C. 171.

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Infographic | Seed investing

Olartemoure Blog

Have you ever heard of the term “seed investing”? It’s like planting the seeds for the future giants of business. In the vast landscape of investment, early-stage start-ups are akin to fertile soil, and seed investors play the role of cultivators, sowing the seeds that have the potential to grow into thriving enterprises. If you’re all about catching diamonds in the rust before someone does, this is for you.

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A first look at the copyright relevant parts in the final AI Act compromise

Kluwer Copyright Blog

On Friday evening, after 38 hours of negotiations, representatives of the European Parliament, EU member states and the European Commission reached a provisional agreement on the proposed AI Act. The deal reached on Friday night now paves the way for the adoption of the AI Act in the first half of 2024, bringing to an end a legislative process that has lasted more than two and a half years and during which the scope of the Act has been significantly expanded.

Copyright 145
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BeStreamWise ‘Piracy=Malware’ Campaign Site Blocked For Malware

TorrentFreak

The launch of the BeStreamWise online anti-piracy campaign early October was preceded by action in the ‘real’ world. After being offered free lifetime subscriptions to a new streaming service from a pop-up stand in London’s Paddington Station, commuters were encouraged to sign up to ‘MalStreams’ using their real personal details.

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Patent Poetry: Patent Office Publishes Guidelines on Computer Related Designs

JD Supra Law

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images. In December 2020, the USPTO sought public input on ‘‘whether its interpretation of the article of manufacture requirement in the United States Code should be revised to protect digital designs that encompass new and emerging technologies.”.

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Toblerone alters packaging

Olartemoure Blog

Many brands use mountains in their logos or within their designs. Some are generic representations of mountains, like Evian water and Matiz coffee but others are based on real ones. Some examples are: A Paramount with the Ben Lomond Mountain. A Patagonia with the Monte Fitz Roy. A And of course, Toblerone with the Matterhorn. We all know and recognize Toblerone with the image of the Matterhorn, both on its logo and on the shape of the chocolate bar.

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House IP Subcommittee Examines Efforts to Address Worst Abuses of Illegal Streaming Platforms

IP Watchdog

On December 13, the U.S. House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled Digital Copyright Piracy: Protecting American Consumers, Workers, and Creators to examine the current state of copyright infringement on the Internet, especially issues related to illicit streaming services. While recognition of shortcomings in current copyright legislation is nothing new, subcommittee leadership and membership from both sides of the aisle demonstrated a