Tue.Jul 02, 2024

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Plagiarism in Pop Culture: Elsbeth

Plagiarism Today

Plagiarism comes to the Big Apple as lawyer-turned-detective Elsbeth solves a case with two separate plagiarism plot lines. The post Plagiarism in Pop Culture: Elsbeth appeared first on Plagiarism Today.

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Read this before choosing a new brand name!

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 1: Choose Wisely. Bold brands begin with great brand names, but brands are much more than just names. They are the sum parts of a company and the customer’s relationship with its products or services. When consumers form a relationship to a brand, the relationship focuses not just on the product or service, but also on quality reliability, the consumer’s perception of what the business represents and

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EU extends sanctions against Belarus to fight circumvention

JD Supra Law

Following the adoption of its 14th sanctions package against Russia, the European Union ("EU") extended the scope of its sanctions against Belarus with a view to "mirroring several of the restrictive measures already in place against Russia" and "making EU sanctions against Russia more effective".

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NetChoice and Calvinball: Initial thoughts

43(B)log

I understand if you don’t think that the First Amendment is an area where SCOTUS is really doing “law” as we were taught it, but as a distraction for myself I have been thinking about (1) the idea that facial challenges are strongly disfavored and (2) the idea that content-based speech restrictions are presumptively unconstitutional. (2) might well be on its way out anyway, and I think (1) will speed its demise, or at least make (2) (hereinafter Reed ) something of a dead letter.

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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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EDVA Judge Trims Down Claims in Trademark Dispute Arising From Business Sale

JD Supra Law

A pending EDVA case shows how the failure to address intellectual property rights in an asset sale can mushroom into multinational litigation, including a dispute over trademark rights in the United States.

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Pirate Streaming Giant FMovies Hasn’t Updated in a Week

TorrentFreak

With more than half a billion site visits in just three months, pirate streaming site FMovies is seen as a major threat by Hollywood. The pirate site rivals legal streaming platforms such as Disney+ in web traffic and has become the poster child for rejuvenated site blocking proposals in the U.S. Congress. Pressure Mounts To illustrate the brazenness of the site, lawmakers in Congress got a demo of the site from MPA’s Senior Executive Vice President, Karyn Temple, late last year.

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Two-Part Series on Nasty Swift vs. Scooter Rights Dispute Depicts Tay as no Friend to IP rights

IP Close Up

Taylor Swift has presented herself as an advocate of fellow recording artists, even going so far as to include shares of Spotify for them in Continue reading

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U.S. Supreme Court Administrative Law Decisions Raise Questions for U.S. Patent and Trademark Office Proceedings

JD Supra Law

Last week, the U.S. Supreme Court decided two important administrative law cases that are expected to increase judicial authority over agency adjudications and rulemaking. In Securities & Exchange Commission v. Jarkesy (decided June 27), the Court held that when the U.S. Securities and Exchange Commission (SEC) seeks civil penalties for securities fraud, the defendant is entitled to a jury trial.

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Pfizer, BioNTech Infringed Moderna's MRNA Vaccine Patent

IP Law 360

Pfizer and BioNTech are on the hook for infringing Moderna's protections over its mRNA vaccines after a London court upheld on Tuesday the validity of one of two key U.K. patents over the technology.

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Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

JD Supra Law

On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules promulgated by the Library of Congress involving copyrights can be challenged under the Administrative Procedure Act (APA).

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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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LaLiga Demands €450 After ISPs Log Subscribers’ Visits to Pirate Servers

TorrentFreak

When news began to break in early March, indicating that Spain’s most powerful football league had been authorized by a local court to track down people who simply viewed pirate streams, the story made for puzzling reading. Claims in the media, that this related to pirate IPTV subscribers, spread like wildfire. That benefited LaLiga’s deterrent messaging campaign but lacked any basis in truth.

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New York's Proposed 'Fashion Sustainability and Social Accountability Act': Where It Stands Now - Katten Kattwalk | Issue 27

JD Supra Law

In our inaugural Katten Kattwalk/Kattison Avenue joint issue, we reviewed the implications of New York's proposed "Fashion Sustainability and Social Accountability Act" (Fashion Act). If passed, the Fashion Act would make New York, one of the world's leading fashion capitals, the first state to hold certain retailers in the state accountable for their environmental and social sustainability practices.

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3 Ways Agencies Will Keep Making Law After Chevron

IP Law 360

The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

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Federal Circuit Review | June 2024

JD Supra Law

Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty rate may provide evidence that a corresponding reasonable royalty rate has been reliably calculated.

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When Patents As Loan Collateral Can Cost You Standing

IP Law 360

The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

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2024 Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31

JD Supra Law

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided the station’s signal to at least one viewer outside the station’s local service area during 2023. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board.

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Industry Self-Regulation Will Shine Post-Chevron

IP Law 360

The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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Latest Federal Court Cases - July 2024

JD Supra Law

Amarin Pharma, Inc. v. Hikma Pharms. USA Inc., Appeal No. 2023-1169 (Fed. Cir. June 25, 2024) In the Court’s only precedential patent opinion last week, the Federal Circuit reversed the district court’s dismissal of Appellant Amarin’s induced infringement claim based on off-label use of a generic drug. Amarin had asserted patents against Appellee Hikma directed to one of the pharmaceutical indications for Amarin’s drug Vascepa®.

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DLA Piper Tells Judge Fired Associate Got Proper Discovery

IP Law 360

Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.

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Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2024

JD Supra Law

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that provided the station’s signal to at least one viewer outside the station’s local service area during 2023. These stations may be eligible to file royalty claims for compensation with the United States Copyright Royalty Board.

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House IP Subcommittee Holds Hearing on the American Music Fairness Act

Copyright Alliance

On June 26, the House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled “Radio, Music, and Copyright: 100 Years of Inequity for Recording Artists.” […] The post House IP Subcommittee Holds Hearing on the American Music Fairness Act appeared first on Copyright Alliance.

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WIPO Member States Adopt New Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

JD Supra Law

On May 24, 2024, member states of the World Intellectual Property Organization (WIPO) adopted a new treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge that was over 20 years in the making. Genetic resources, which can include medicinal plants, agriculture crops and animal breeds, cannot themselves be claimed as intellectual property.

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US Inventor Urges CAFC to Review Implementation of Rule 36

IP Watchdog

Yesterday, US Inventor, Inc. (USI) filed an amicus brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions. The underlying district court decision was issued in November 2022 by Judge Rodney Gilstrap, who adopted Magistrate Judge Roy Payne’s September 2022 Report and Recommendation and granted TD Ameritrade’s (TD) Motion for Summary Judgment on the patent infringeme

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Tailoring Compliance Before AI Walks The Runway

JD Supra Law

Generative AI tools such as DALL-E 2, Midjourney and Stable Diffusion are increasingly being used to produce static 2D images, and technology from companies like Runway AI Inc., which recently hosted its second annual AI Film Festival, are capable of video output. Originally published by Law360 - June 24, 2024.

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How Life Science Companies Are Approaching UPC Opt-Outs

IP Law 360

A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

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Nike and BAPE Settle Trademark Infringement Lawsuit

JD Supra Law

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

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WIPO Report: Global Intangible Assets Reach Nearly $7 Trillion in 2023 Investment Surge

IP Watchdog

In 2024, WIPO and Italy’s Luiss Business School (LBS) established Global INTAN-Invest, a database that measures the growing interest and investment in intangible assets. These results, released annually via the World Intangible Investment Highlights, emphasize the importance of intangible assets and evaluate how companies can optimize their investments for competitive advantages.

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Geneva Insights - July & August 2024

JD Supra Law

International Geneva – A global governance ecosystem of over 40 international organizations, 178 country representations and 700+ non-governmental organizations.

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A few initial thoughts on Loper and the end of Chevron Deference

Patently-O

by Dennis Crouch This is just a first look at how overturning Chevron may impact patent practice. In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules.

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PTAB Issues Final Written Decision Invalidating Regeneron’s EYLEA® Patent (IPR2023-00442)

JD Supra Law

On June 14, 2024, the PTAB issued a Final Written Decision (FWD) in Samsung Bioepis’s IPR2023-00442 (“the -00442 IPR) determining that the challenged claims of Regeneron’s U.S. Patent No. 10,130,681 (the ’681 patent) that covers EYLEA® (aflibercept) are unpatentable.

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The Grand Tour of German Automotive—Mercedes-Benz Bremen

Christopher Roser

The second plant of Mercedes-Benz (also known as Daimler) in my Grand Tour of German Automotive was their plant in Bremen. This was also their second final assembly plant. It produces a few cars more than Sindelfingen, and hence claims to be the largest Mercedes-Benz plant by the number of cars. It was also a. Read more The post The Grand Tour of German Automotive—Mercedes-Benz Bremen first appeared on AllAboutLean.com.

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Branded Manufacturers Decline to Remove Patents From the Orange Book After Receiving Letters From the FTC

JD Supra Law

On Friday, June 21, 2024, the FDA updated its Patent Listing Dispute List to indicate that the ten pharmaceutical companies who had received warning letters from the FTC in April did not make changes to their patent listings in the FDA’s catalog in view of the warning letters.

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Likelihood of jurisdiction (UPDATED and bumped)

Likelihood of Confusion

Originally posted 2015-05-06 17:21:37. Republished by Blog Post PromoterAppellate courts, we see, choose what interests them, and how much. Sometimes they surprise the parties and their counsel. We weren’t all that shocked about the argument in Naffe v. Frey, the free-blogger-speech case involving Patterico, but perhaps the degree of the court’s emphasis on one issue as opposed to […] The post Likelihood of jurisdiction (UPDATED and bumped) appeared first on LIKELIHOOD OF CONF

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Confidential Business Information: Protecting an Organization’s Most Valuable Secrets

JD Supra Law

When it comes to the true source of a company’s value, it’s not necessarily in the products or the services they offer, nor is it in the brand they’ve carefully developed. The core of a company’s value is in the trade secrets and special processes used to create those products or provide those services.

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Do Hospitals Need a New Approach for Accessing Scientific Literature?

Velocity of Content

With hospitals using more content than ever and their employees’ need for faster access to this literature, library teams must find new ways to streamline their operations. Historically, many U.S. hospitals have relied on an interlibrary loan system to fulfill employee requests for articles. This solution can allow requests to be fulfilled relatively quickly, but each request typically requires the time and manual effort of hospital library staff.