Sat.Aug 05, 2023 - Fri.Aug 11, 2023

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How to Block ChatGPT (And Why to Do It)

Plagiarism Today

OpenAI, the makers of ChatGPT, announced their new web crawler. Here's how to block it from your site and why you may want to do it. The post How to Block ChatGPT (And Why to Do It) appeared first on Plagiarism Today.

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Amazon and the Problem of Reverse Plagiarism

Plagiarism Today

Author Jane Friedman faced an unusual problem: Reverse plagiarism. However, it's becoming much more common and the industry is not ready. The post Amazon and the Problem of Reverse Plagiarism appeared first on Plagiarism Today.

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The Patent Eligibility Absurdity Continues

IP Watchdog

Recently, it has come to my attention that a system that utilizes a camera to capture images and software to run facial recognition is being rejected by the United States Patent and Trademark Office (USPTO) as an abstract idea. Why? Well, it unfortunately seems that the reason is simply because the purpose of this very tangible, working system is to identify people and charge them a fare.

Patent 98
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Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

Hugh Stephens Blog

Like many people, my daughter is interested in acquiring a hybrid vehicle, to save on gas and to help save the planet. Among the models she has been looking at is the Toyota Prius, so when I saw a review of the 2023 Prius in the Driving section of my local paper, the Victoria Times-Colonist, … Continue reading "Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

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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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OneSubsea IP UK Ltd. v. FMC Tech., Inc., No. 22-1099 (Fed. Cir. May 23, 2023)

Intellectual Property Law Blog

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § 285 and certain circumstances that do not make a case exceptional. Background In 2016, OneSubsea brought an infringement suit against FMC alleging infringement of ten patents directed generally to “subsea recovery of production fluids from an oil or gas well.

IP 130
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3 Count: Psychic Lawsuit

Plagiarism Today

Bella Hadid sued over Instagram post, Kenyan musician wins 9-year legal battle with phone company and psychic startup faces copyright lawsuit. The post 3 Count: Psychic Lawsuit appeared first on Plagiarism Today.

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PTAB Developments in 2023: A Mid-Year Recap and What’s to Come

IP Watchdog

A little over halfway through 2023, and nearing the end of the Patent Trial and Appeal Board’s (PTAB’s) fiscal year, we can take stock of an administrative body that is settling into a decade of precedent while big changes still loom. Unlike prior years, where policy changes resulted in statistical swings for institution rates, outcomes, amendment practice, and the like, this year has been more of an extension of previous trends (though institution rates are still creeping higher).

Patent 98
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Sanderling Management v. Snap Inc. No. 21-2173 (Fed. Cir. Apr. 12, 2023) Alice – 35 U.S.C. § 101

Intellectual Property Law Blog

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. The claims are directed to a method of determining a user’s location with a GPS and displaying images the user based on their location.

Invention 130
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3 Count: Tetris Battle

Plagiarism Today

Apple and the Tetris Company sued by author, Aritzia seeks dismissal of sculpture case and Spider-Man fan film raises questions. The post 3 Count: Tetris Battle appeared first on Plagiarism Today.

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EU AI Act: The World’s First Comprehensive AI Regulation Is About to Be Finalized – What It Entails and What It Means for Copyright Law

JD Supra Law

Draft AI Act – What Happened So Far: Back in April 2021, the European Commission provided a draft regulation laying down harmonized rules on artificial intelligence (AI Act) aimed at safeguarding fundamental EU rights and user safety.

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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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Related Party Transactions: Different Takes by the Companies Act, 2013 and the Indian Accounting Standards

IP and Legal Filings

Introduction It is a well-known fact that most of the businesses in India are family-owned and controlled by the family members themselves. This has been the old age practice, and continues to be growing over a period of time in the modified form assimilate in the new juncture of doing business. In order to curb that, the Companies Act evolved itself in relation to Related Party Transactions (hereinafter referred to as “RPT”) and cater indirect connection in the ambit of RPT.

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CAFC Says PTAB Must Consider Petitioner’s Arguments Under New Claim Construction Presented Post-Institution

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) held in a precedential decision today that an inter partes review (IPR) petitioner must be given the opportunity to present evidence of anticipation or obviousness under a new claim construction when that construction is first proposed by a patent owner in its response following the institution decision.

Patent 98
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7 Academic Integrity Tips for Students in 2023

Plagiarism Today

As the 2023 school year nears, students are returning to a different environment. Here are 7 tips for avoiding academic integrity issues. The post 7 Academic Integrity Tips for Students in 2023 appeared first on Plagiarism Today.

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Why Privacy And Trade Secret Law Are On A Collision Course

JD Supra Law

Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence. Originally published in Law360 - August 7, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

Privacy 98
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Mourning Sonny

Likelihood of Confusion

Posted on November 17th, 2008: No, not that Sonny. No, rather this: If America’s most famous variety-show-star-turned-congressman hadn’t slammed into that tree on that fatal day of downhill skiing, we’d. The post Mourning Sonny appeared first on LIKELIHOOD OF CONFUSION™.

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Warning: TorrentFreak’s Twitter / X Account Has Been Hijacked

TorrentFreak

This is a bit of an unusual post, but we believe that it’s important to let people know that our Twitter / X account was been hijacked and put to new use without our knowledge. The username and handle were updated as well, and there doesn’t appear to be an easy way to sort this out without direct help from X, which isn’t proving easy. The account still has our followers so please know that everything that’s posted by the account can’t be trusted.

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3 Count: Darkest and Darkester

Plagiarism Today

Photographer sues media company, DJ Paul sued over tornado video and Dark and Darker up for sale despite copyright issues. The post 3 Count: Darkest and Darkester appeared first on Plagiarism Today.

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The Soft Power of the Toyota Production System—Yokoten, Nemawashi, and More

Christopher Roser

When we are talking about lean manufacturing, we often focus on the tools like kanban, 5S, SMED, and many more. Sometimes, but harder to grasp, is the underlying culture and philosophy of continuous improvement and PDCA. Part of this culture is what you could call the soft power of the Toyota Production System. This is. Read more The post The Soft Power of the Toyota Production System—Yokoten, Nemawashi, and More first appeared on AllAboutLean.com.

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Federal Circuit Patent Watch: Pending, non-final litigation or IPR decision does not negate intent to infringe that is otherwise supported by evidence

JD Supra Law

Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district court’s validity and infringement findings. The construction of the claim limitation “treating pulmonary hypertension” did not require a showing of safety and efficacy.

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Can Braille Be Registered As a Trademark?

IP and Legal Filings

Introduction Trademarks are no longer confined to words, numbers, or devices. Admittedly, anything which could be used to distinguish one’s merchandise is being put out for statutory protection. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] Thus, the nature of trademarks has also morphed into unconventionality, where protection is often sought for

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New Plagiarism Allegations Rock Crypto Community

Plagiarism Today

There's a new plagiarism scandal in the crypto world over accusations of code theft. However, there is more to the story than the headlines. The post New Plagiarism Allegations Rock Crypto Community appeared first on Plagiarism Today.

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Challenging Racism in Scholarly Publishing

Velocity of Content

Three summers ago, the world seemed frozen – and convulsed – all at once. The coronavirus pandemic that began in March 2020 and the lockdown orders that followed restricted entire nations only to the most necessary activities. The murder of George Floyd by Minneapolis police officers in May sparked worldwide demonstrations against racism and brought the Black Lives Matter movement to home pages and front pages everywhere. 36 months later, the world has moved on.

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In the World We Live In, IP is King… and Barbie is its Queen

JD Supra Law

It is the summer of pink and Barbie. The Barbie movie has had its third successful week in a row, recently reaching $1 billion in global ticket sales. Barbie-fever is everywhere. Beyond the film, Mattel, Inc. (“Mattel”), the owner of the world’s most famous doll, has partnered with over 100 brands and retailers to bring consumers collaborations in sectors ranging from beauty and fashion to home décor, furniture, and food.

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Adding matter by amending the description to exclude embodiments (Ensygnia v Shell [2023] EWHC 1495 (Pat))

The IPKat

The recent High Court decision in Ensygnia v Shell ( [2023] EWHC 1495 (Pat) ) is highly relevant to the ongoing controversy of claim interpretation and description amendments ( IPKat ). In Ensygnia v Shell , Miss Charlotte May KC (sitting as Deputy Judge in the High Court of England and Wales) considered how a post-grant amendment which added the phrase that certain embodiments "fell outside the scope of the claims", might affect claim interpretation.

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3 Count: YouTube-dl Down

Plagiarism Today

YouTube-dl site goes offline following court order, Safaricom appeals callback decision and DISH patents new DRM system. The post 3 Count: YouTube-dl Down appeared first on Plagiarism Today.

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Vishnudas Trading Versus Vazir Sultan Tobacco Co. Ltd.

IP and Legal Filings

Parties The Appellant Vishnu Das Trading carries out the manufacturing of “quiwam” and “zarda” under the trademark “Charminar”. The Respondent no. 1, Vazir Sultan Tobacco Co. Ltd., is indulged in the manufacturing of cigarettes under the brand name “Charminar”. The Respondent no. 2 is the Assistant Registrar of Trade Marks Brief Facts Brief facts of the case are as follows: The Respondent no. 1 obtained registration of its mark ‘CHARMINAR’ with respect to “manufactured tobacco” in the years 1942

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[Video] The ESG Report – Yoram Ashery – Unlocking the Power Within: Nostromo’s Clean Energy Storage

JD Supra Law

The ESG Report podcast is hosted by Tom Fox. Looking for innovative solutions to tackle climate change? Look no further than The ESG Report! In this episode, Tom speaks with Yoram Ashery, CEO at Nostromo Energy and we discuss zero carbon energy storage. In this episode, we discuss Nostromo Energy’s innovative clean energy storage technology for buildings.

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Before Generative AI, Big Tech Taught Artists to Abdicate Copyright Rights

The Illusion of More

One of the more challenging aspects of copyright advocacy is the fact that many artists and creators are conflicted about enforcing their own rights, and from observation, the disconnect is ideological. For the last 30 years, copyright skepticism has been woven into political narratives rooted in criticism of corporations and the excesses of capitalism—popular themes […] The post Before Generative AI, Big Tech Taught Artists to Abdicate Copyright Rights appeared first on The Illusion of Mo

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AI Voice Cloning – and Its Misuse – Has Opened a Pandora’s Box of Legal Issues: Here’s What to Know

IP Watchdog

Voice cloning, a technology that enables the replication of human voices from large language models using artificial intelligence (AI), presents both exciting possibilities and legal challenges. Recent machine-learning advances have made it possible for people’s voices to be imitated with only a few short seconds of a voice sample as training data. It’s a development that brings exciting possibilities for personalized and immersive experiences, such as creating realistic voiceovers for content,

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SpicyIP Weekly Review (July 31- August 6)

SpicyIP

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims.

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"Face" sunscreen 2x as expensive as regular plausibly misleading when formula was the same

43(B)log

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as “Face 50” to believe that it was “specifically designed” or “specifically formulated” “for use on the face.

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Youtube-dl Site Goes Offline as Hosting Provider Enforces Court-Ordered Ban

TorrentFreak

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool, youtube-dl. The RIAA sent a takedown notice to GitHub, claiming that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository and launched a million-dollar defense fund to assist developers in similar disputes.

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Doing Business Under a Different Name: Fictitious and Assumed Name Registration

Cogency Global

What this is : Assumed name registration (which can include DBA filings, trade name and fictitious name registration) establishes the use of a name and, in many states, prevents other entities from registering the same or similar name. What this means : Doing business under another name comes with a great many rules, requirements and renewal dates to track and manage.

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Gazing Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

SpicyIP

Image from here [This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] In this post I will be dwelling on the aspect of vested substantive rights encompassed within procedural rules, from the perspective of the recent controversy raised in SAP Se vs Swiss Auto Products and Anr.

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Another LinkedIn Account Termination Case Fails–Gundogdu v. LinkedIn

Technology & Marketing Law Blog

Another account termination case. The plaintiff shared “her religious conservative opinions” on LinkedIn. LinkedIn closed the account because she allegedly shared misleading COVID information. “Plaintiff claims that her beliefs against the COVID-19 vaccines are rooted in religion.” She also claims she suffered financial losses due to the LinkedIn account termination.