Plagiarism Today
JULY 18, 2023
Internet Archive filed DMCA notice with GitHub, the AP reaches deal with OpenAI and FIFTY FIFTY royalties for Cupid on hold pending dispute. The post 3 Count: FIFTY FIFTY Pause appeared first on Plagiarism Today.
Hugh Stephens Blog
JULY 17, 2023
When does “compromising” to find a solution that works for both parties become synonymous with “caving” (in)? Only when you take a perverse delight (one might even call it schadenfreude) in gloating, “I told you so”, when the Canadian government’s policy initiative (C-18, the Online News Act) runs into opposition from the giant internet platforms … Continue reading "Bill C-18 (The Online News Act): Does Flexibility and Dialogue Represent “Compromising” or “Caving”?
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Intellectual Property Law Blog
JULY 21, 2023
This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning. Background Mr. Salazar appealed from the district court’s claim construction and subsequent finding of non-infringement. AT&T cross-appealed on the issue of validity. The claim construction dispute centered around the terms “a microprocessor” and “said microprocessor” capable of “creating,” “retrieving” and “generat
Erik K Pelton
JULY 19, 2023
Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast. The post Update on the USPTO Trademark Delays appeared first on Erik M Pelton & Associates, PLLC. Erik is back with an update on the USPTO log jam, how it affects every step of the application process – but there seems to be a light at the end of the tunnel, as explained in this podcast.
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?
Plagiarism Today
JULY 17, 2023
Last week, the fashion bran Shein was hit with a copyright and trademark lawsuit. However, the case also alleges racketeering. Why? The post Racketeering and Copyright: Understanding the Shein Lawsuit appeared first on Plagiarism Today.
Olartemoure Blog
JULY 21, 2023
1. MULTI-CHANNEL BRAIN OR CORTICAL ACTIVITY MONITORING AND METHOD US 11,553,869 B1 Inventors: Stéphane Bibian, Tatjana Zikov Assignee: NeuroWave Systems Inc. Date of Patent: Jan. 17, 2023 This patent describes a system and method for monitoring and displaying the neuropathological characteristics and activity of both sides of a subject’s brain simultaneously.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Erik K Pelton
JULY 18, 2023
The following is an edited transcript of our video International Trademark Registration Basics. We often get asked by clients how they can obtain an international trademark registration. Trademark rights are generally limited to the country in which they are registered, but there are certain international agreements that allow you to file a single application and obtain trademark protection in more than one country at the same time.
Plagiarism Today
JULY 19, 2023
A new ruling in the 9th Circuit was a major win for both Instagram and the server test. Here's what it means for both moving forward. The post Instagram and the Server Test Win 9th Circuit Challenge appeared first on Plagiarism Today.
IP Law 360
JULY 21, 2023
A Western District of Texas jury said Friday that Google must pay $338.7 million in damages after finding that its Chromecast digital media players infringed three patents owned by Touchstream Technologies Inc., which said it met with Google about its technology before Chromecast launched.
IP Watchdog
JULY 21, 2023
This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S. Data Privacy Framework; the Second Circuit rules that copyright registrations containing a derivative work can serve as a basis for infringement claims involving elements of previously unregistered material incorporated into the later registration; Judge Orrick indicates that he may dismiss a lawsuit brought by artists against generative AI companies while m
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JD Supra Law
JULY 21, 2023
Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.” In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?
Plagiarism Today
JULY 19, 2023
Instagram wins in the 9th Circuit, Prague court orders file host to pay for piracy and House IP Subcommittee talks right to repair. The post 3 Count: Czech Liability appeared first on Plagiarism Today.
Velocity of Content
JULY 21, 2023
A July 18 letter from Penguin Random House CEO Nihar Malaviya confirmed that long-rumored layoffs have become a reality at the nation’s biggest publishing house. According to Publishers Weekly , PRH CEO Nihar Malaviya said that any growth the industry has seen recently has been offset by increased costs across the board, and that publishing leaders expect these increases, including inflation, to continue.
IP Watchdog
JULY 20, 2023
As we await a transcript of the July 13 hearing that took place in the Special Committee of the Judicial Council of the Federal Circuit’s investigation into Judge Pauline Newman’s alleged unfitness to remain on the court, Newman spoke with Bloomberg this week as a guest on its “On the Merits” podcast. She recounted for host David Schultz that she was told when confronted with the allegations, “Just go quietly or we’ll make your life miserable’; that was exactly the way it was presented to me.
Patently-O
JULY 19, 2023
by Dennis Crouch Intellectual property rights in the U.S. have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states.
Plagiarism Today
JULY 18, 2023
Brave recently introduced a new API for its search engine product. However, some of the data being sold is raising difficult questions. The post Is Brave Selling Your Site’s Content to Train AIs? appeared first on Plagiarism Today.
Velocity of Content
JULY 19, 2023
At the recent SSP Annual Meeting in Portland, Oregon, a cross-functional panel considered the challenge of “Solving for OA/UX: The Powerful Potential in Improving User Experience (UX).” Drawing on her work as a scholarly author and as Research Impact and Open Scholarship Librarian, Indiana University Bloomington , Willa Tavernier moderated an interactive session with three panelists.
IP Watchdog
JULY 19, 2023
On July 17, inventor advocacy organization US Inventor and conservative interest group Eagle Forum Education and Legal Defense Fund filed a joint amicus brief at the U.S. Supreme Court urging the nation’s highest court to grant the petition for writ of certiorari filed in Killian v. Vidal. US Inventor and Eagle Forum ELDF’s brief is the latest call upon SCOTUS to address the “dire consequences” flowing from the dramatic expansion to judicial exceptions to patent eligibility under 35 U.S.C. § 101
Michael Geist
JULY 17, 2023
The Online News Act has continued to create a political firestorm this summer with a legislative battle that leaves the future of some Canadian news organizations stuck in the middle between sabre rattling from the government and Internet platforms. Chris Waddell is a professor at and former director of the School of Journalism and Communication at Carleton University in Ottawa and also holds the university’s Carty Chair in Business and Financial Journalism.
Technology & Marketing Law Blog
JULY 19, 2023
The plaintiffs claim they signed up for a ClassPass membership but got unexpectedly auto-renewed. (ClassPass appears to be an aggregator of third-party fitness classes). ClassPass sought to send the case to arbitration based on its TOS, which it attempted to form in each of the following three screenshots: Screenshot #1 Screenshot #2 Screenshot #3 With three different attempts, surely one of them worked, right?
Velocity of Content
JULY 18, 2023
“Data scientists love good, structured data. Information people know where to get that data.” That’s how an information professional at a large pharmaceutical company described what drives the collaboration between info pros and data scientists at his organization. As he noted, “the one thing our researchers and data scientists don’t have is time, and having information specialists who understand the data sources is one thing they need.
IP Watchdog
JULY 18, 2023
The House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet met today to hear from a number of witnesses about the intersection of intellectual property rights and consumers’ right to repair products they own. The concerns voiced by witnesses and congress members today centered around harm and cost to consumers as a result of technological protection measures (TPMs) and increased use of IP tools such as design patents to thwart competition for after-market parts.
IP Intelligence
JULY 17, 2023
It was only a matter of time before the Federal Trade Commission (FTC) initiated a law enforcement investigation focusing on artificial intelligence (AI). It is not an exaggeration to say that the FTC has been hinting at, and sometimes outright foreshadowing, such actions for years. The frequency of these communications has only increased over the past few months as generative AI technology dominated headlines.
Technology & Marketing Law Blog
JULY 18, 2023
by guest blogger Prof. Guy Rub , The Ohio State University Michael E. Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). But copyright law isn’t limitless; it leaves many intangible goods, especially factual data, unprotected, and it allows many uses of protected works.
JD Supra Law
JULY 18, 2023
Ed Sheeran is one of the most popular musicians of all time: 23 of his songs have gone multiplatinum, he is a four-time Grammy award winner, he reportedly holds the title for the highest-grossing tour of all time (though he may soon lose that title thanks to his friend, Taylor Swift, one of our personal favorites), and he has lent his songwriting prowess to fellow superstars Swift, The Weeknd, Eminem, BTS, and Justin Bieber, among others.
The IP Law Blog
JULY 20, 2023
In Buergofol GmbH v. Omega Liner Company, Inc. , 4-22-cv-04112 (DSD Jul. 13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object.
Patently-O
JULY 16, 2023
by Dennis Crouch In re Float’N’Grill LLC , 2022-1438 ( Fed. Cir. 2023 ) Just in time for my early August floating trip down in the Ozarks, the Federal Circuit has affirmed the USPTO’s rejections of Float’N’Grill’s proposed reissue claims. The problem: the reissue claims omit an “essential element” of the original invention in violation of 35 U.S.C. 251.
TorrentFreak
JULY 16, 2023
Three years ago, Danish law enforcement carried out a series of raids and arrests , effectively dismantling several popular torrent trackers. These actions were supported by the local anti-piracy group Rights Alliance , which eventually declared victory , noting that all notable pirate sites with Danish roots had reportedly shut down. Such statements can be dangerous since pirates can be quite resilient, but there is no doubt that the law enforcement actions and subsequence convictions left a ma
Christopher Roser
JULY 18, 2023
Continuously moving assembly lines have a lot in common with other types of assembly lines. However, there are also some differences. This third post of this small series on continuously moving assembly lines looks at how to distribute the work along the line. The key point is that you can distribute the work along the. Read more The post Continuously Moving Assembly Line—How to Do Line Balancing first appeared on AllAboutLean.com.
JD Supra Law
JULY 17, 2023
ChatGPT has been making headlines lately. The lawyer who obtained fake judicial holdings from ChatGTP and then cited them in his brief to the court is the most recent example.
IP Watchdog
JULY 16, 2023
In a precedential decision authored by Judge Tiffany Cunningham on Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that two patents for methods of connecting users based on their answers to polling questions were directed to patent ineligible subject matter under 35 U.S.C. § 101. U.S. Patent Nos. 9,087,321 and 10,936,685 are owned by Trinity Info Media, LLC and are titled “Poll-Based Networking System.
TorrentFreak
JULY 15, 2023
Based on readily available information and data provided by the entertainment industries through various studies, online piracy is rampant and in some areas, more prolific than at any point in history. On a day-to-day basis, based on news of pirate site closures, arrests, lawsuits, and various investigations, it could also be argued that the tide is turning and has been for some time.
SpicyIP
JULY 17, 2023
[ This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. ] Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants.
Likelihood of Confusion
JULY 20, 2023
Where to start, where to start… At the beginning, I guess. Though not in chronological order. LIKELY2CONFUSE00001: I wrote a post on the subject of the genericization of the term. The post Document review appeared first on LIKELIHOOD OF CONFUSION™.
IP Watchdog
JULY 19, 2023
The Taco John’s restaurant chain announced Tuesday that it will share its Taco Tuesday trademark, but also posed a challenge to Taco Bell and LeBron James “to Support Workers, Not Lawyers.” Taco Bell filed a Petition for Cancellation of the trademark for TACO TUESDAY on May 16, 2023. The mark was registered by Spicy Seasonings, LLC, which operates the Taco John’s restaurant franchise, in 1989 for “restaurant services.
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