Thu.Apr 18, 2024

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Megachurch Pastor Accused of Plagiarizing an Apology

Plagiarism Today

Lakepointe Church pastor Josh Howerton is accused of plagiarizing an apology. Sadly, it's not his first run in with plagiarism. The post Megachurch Pastor Accused of Plagiarizing an Apology appeared first on Plagiarism Today.

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Uptobox Was Shut Down in 2023; A Court Will Decide Whether to Resurrect It

TorrentFreak

Founded back in 2011, Uptobox rapidly gained popularity by making it easy for users to upload, store, and share files with others online. In April 2023, Uptobox received 34 million visits from users all over the world, around a third of those from France. At several points in its dozen or so years online, Uptobox faced adversity, mostly due to copyright issues.

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3 Count: Musical Appeal

Plagiarism Today

Marvin Gaye rightsholder seeks to revive Ed Sheeran lawsuit, judge denies motion by California plaintiffs in New York OpenAI case and more. The post 3 Count: Musical Appeal appeared first on Plagiarism Today.

Music 215
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Imminent EBA referral confirmed on the question of using the description to interpret the claims (T 0439/22)

The IPKat

It is now confirmed that there will be a referral to the Enlarged Board of Appeal (EBA) on the correct approach to claim interpretation. The Board of Appeal in T 0439/22 had previously indicated that they were minded to refer a question to the EBA on how much the description should be used to interpret the claims ( IPKat ). The published minutes of oral proceeding from a hearing in the case last week confirm that the Board of Appeal intends to follow through on this intention.

Patent 109
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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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How Duty Of Candor Figures In USPTO AI Ethics Guidance

IP Law 360

The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

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5 Ways Medical Affairs Teams Can Benefit from Using RightFind

Velocity of Content

Medical Affairs teams play a crucial role within pharmaceutical companies, serving as a bridge between the scientific/medical aspects of the company and external stakeholders such as healthcare professionals (HCPs), researchers, and patient advocacy groups. Medical Affairs’ primary focus is on ensuring the safe and effective use of the company’s products while also contributing to scientific advancement and medical education.

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Debating the Online Harms Act: Insights from Two Recent Panels on Bill C-63

Michael Geist

The Online Harms Act has sparked widespread debate over the past six weeks. I’ve covered the bill in a trio of Law Bytes podcast ( Online Harms , Canada Human Rights Act , Criminal Code ) and participated in several panels focused on the issue. Those panels are posted below. First, a panel titled the Online Harms Act: What’s Fact and What’s Fiction , sponsored by CIJA that included Emily Laidlaw, Richard Marceau and me.

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The Global AI Regulatory Maze: Impacts on Tech Transactions & Governance

JD Supra Law

In this episode, we explore the ever-evolving realm of AI regulation and how it's reshaping technology transactions and internal governance worldwide. Join host Julian Dibbell and guests Ana Bruder, Arsen Kourinian, and Oliver Yaros as they discuss what’s happening in the EU, the US, and the UK, respectively, and how companies can navigate compliance in this changing environment.

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USPTO Publishes Long-Awaited Proposed Rule on PTAB Changes

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today announced a Notice of Proposed Rulemaking (NPRM) that will be officially published in the Federal Register tomorrow and that addresses a subset of issues from the controversial April 2023 Advance Notice of Proposed Rulemaking (ANPRM). USPTO Director Kathi Vidal received criticism following the ANPRM, most notably from Congress.

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New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

JD Supra Law

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in this country and should guide the conduct of parties that engage in this form of commercial activity.

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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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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

Copyright: WIPO. Photo: Emmanuel Berrod. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. WIPO negotiators appear prepared to approve a draft Broadcast Treaty that is no longer “signal-based” or limited to “traditional” (non-Internet-based) broadcasting. There is a significant push at this week’s meetings of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights to approve a Diplomati

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Protecting Your Company’s Confidential Information: Takeaways from Meta’s Lawsuit Against Its Former Employee

JD Supra Law

Meta Platforms Inc., the parent company of Facebook, Instagram, and other products, recently filed a lawsuit in a California state court against a former vice president for allegedly taking confidential information from Meta to his new employer, an artificial intelligence company. This information purportedly included proprietary, highly sensitive, confidential, and non-public Meta information concerning Meta’s data centers, suppliers, vendors, and artificial-intelligence programs.

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AI as Author: Thaler v. Perlmutter Now Before the DC Circuit

Patently-O

by Dennis Crouch The leading case on copyrightability of AI created works is now pending before the Court of Appeals for the District of Columbia. The case, Thaler v. Perlmutter , No. 23-5233 (D.C. Cir. 2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.” The U.S.

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Panuwat Insider Trading Verdict Foreshadows More Civil and Criminal Enforcement

JD Supra Law

On April 5, 2024, a federal jury in California found Matthew Panuwat liable of insider trading in a closely followed case that may serve as the harbinger for expanded insider trading enforcement. In SEC v. Panuwat (N.D. Cal.), the U.S. Securities and Exchange Commission (SEC) argued for the first time that a corporate official engages in insider trading when they purchase securities of a company based on material nonpublic information (MNPI) about a different company.

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Creator Spotlight with Children’s Book Illustrator Lauren Gallegos

Copyright Alliance

This week we’d like to introduce you to children’s book illustrator, Lauren Gallegos. Lauren has illustrated over 30 books ranging from board books to historical fiction. After reading her spotlight […] The post Creator Spotlight with Children’s Book Illustrator Lauren Gallegos appeared first on Copyright Alliance.

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Right of Publicity Laws: New Jersey

JD Supra Law

A Q&A guide to New Jersey right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right. Answers to questions can be compared across a number of jurisdictions.

Law 74
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USPTO Reveals Scaled-Back Plan For New Patent Board Rules

IP Law 360

The U.S. Patent and Trademark Office unveiled proposed Patent Trial and Appeal Board rules Thursday that would codify current policies on when multiple challenges to one patent are permitted and set a new briefing process about discretionary denials, which attorneys say should add clarity.

Patent 59
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Protecting the Product: Beauty Products

JD Supra Law

The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating into those profits.

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Amazon Ignored Labor, IP Laws In AI 'Panic,' Ex-Worker Says

IP Law 360

An artificial intelligence researcher suing Amazon for labor law violations says it disregarded numerous laws in a frantic attempt to catch up to its AI rivals, directing her to ignore copyright laws in developing its large language models and retaliating when her pregnancy leave coincided with a rival's product launch.

Law 59
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[Audio] Patent Litigation: How Low Can You Go?

JD Supra Law

There’s no question that new patent litigation case filings are down across the board. However, the reason for the downward trend depends on whom you ask. Our attorneys examine the numbers behind the decline and provide their insights and experiences to explain the drop in filings. Questions and Comments: jkurcz@bakerlaw.com.

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Oakland Airport Name Change Will Create A Mess, SF Says

IP Law 360

Oakland, California, wants to change its airport's name to San Francisco Bay Oakland International Airport, but the city of San Francisco said in a California federal lawsuit Thursday that the name would not only befuddle travelers but also unlawfully incorporate San Francisco International Airport's name.

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Going down With the Ship: Non-infringing Indications Are Barred When Listed in the Same ANDA as Infringing Indications

JD Supra Law

SALIX PHARMACEUTICALS, LTD. v. NORWICH PHARMACEUTICALS., INC. Before Lourie, Chen, and Cunningham. Appeal from the District of Delaware Summary: The Federal Circuit ruled that an ANDA listing an infringing indication cannot be approved during the pendency of the infringed patent even if the ANDA also lists a non-infringing indication.

Patent 69
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Hipgnosis Agrees $1.4B Takeover By US Rival Concord

IP Law 360

Concord Chorus has agreed to buy its British music royalties rival Hipgnosis Songs Fund in an all-cash transaction worth $1.4 billion, as the U.S. company looks to add 1.2 million more songs to its portfolio, the companies said in joint statement Thursday.

Music 59
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ITC Update: Takeaways from Certain Replacement Automotive Lamps

JD Supra Law

The Commission recently reversed the ALJ’s determination that the economic prong of the domestic industry requirement was satisfied and thereby found that there had been no section 337 violation in Certain Replacement Automotive Lamps, Inv. No. 337-TA-1291 and Certain Replacement Automotive Lamps II, Inv. No. 337-TA-1292. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Stay on Top of Hot Topics in Patent Damages Litigation

IP Watchdog

In patent litigation, damages issues are sometimes treated as an afterthought when compared to the issues of infringement and invalidity. However, achieving a client’s goals requires an attorney to place damages at the center of the litigation strategy from the very beginning. Damages, quite simply, can make or break a case. And it is a quickly evolving field, rife with inconsistent judicial decisions, vague standards, and new techniques for measuring damages.

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Courtside Counsel

JD Supra Law

Welcome to our newsletter with the latest legal news in sports from the Courtside Counsel. Our team of attorneys is actively monitoring the news for need-to-know legal developments and issues involving the sports industry. Below are today’s highlights.

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Patent Filings Roundup: Slow Week in PTAB and District Court, Ideahub Subsidiary Challenges Instituted; Patent Armory Continues the Offensive

IP Watchdog

It was a slow week for new patent filings at the Patent Trial and Appeal Board (PTAB) and in the district courts. This week saw only 18 new filings at the PTAB—one of which was a Post Grant Review, while the remaining were inter partes reviews (IPRs). Texas Instruments, Inc. continued challenging Greenthread LLC patents, filing four IPRs against four patents (bringing the total number of IPRs Texas Instruments has filed up to seven).

Patent 59
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EYLEA® Proposed Biosimilar M710 BPCIA Appeals Dismissed for Lack of Jurisdiction

JD Supra Law

On April 12, 2024, the Federal Circuit dismissed CAFC Appeal No. 24-1402 and Cross-Appeal No. 24-1405 for lack of jurisdiction following its February 22, 2024 order directing Regeneron and Mylan / Biocon to show cause why the appeals of the District Court’s December 27, 2023 decision finding claims 4, 7, 9, 11, 14-17 of U.S. Patent No. 11,084,865 were valid and infringed and claims 6 and 25 of U.S.

Patent 66
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CGPDTM Invites Feedback on IP Administration in the Country

SpicyIP

Image by storyset on Freepik In a welcome move, the office of Controller General of Patents, Designs and Trademarks (CGPDTM) has invited feedback on IP administration in the country by CGPDTM, and the Copyright and GI Registries. For this, the Office has released a 6 page questionnaire on April 15 and has kept April 22 11:59 PM as the deadline to share the responses to this questionnaire.

IP 59
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Judge Ho Calls Strike Three on Plaintiff’s Subpoena to Baseball Star Bryce Harper

JD Supra Law

On April 10, 2024, Judge Dale E. Ho granted a motion to quash a third-party subpoena served on Major League Baseball player Bryce Harper in connection with a patent infringement lawsuit filed by Athalonz, LLC against Under Armour, Inc. in the Eastern District of Texas.

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You Can't Get Fees Without Asking First, Judge Tells Dell

IP Law 360

U.S. District Judge Alan Albright on Thursday declined to order a patent litigation plaintiff to pay attorney fees after bringing a failed patent suit, finding that Dell failed to file any motion requesting fees despite claiming the case was "frivolous" and "meritless" from the start.

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Federal Circuit Affirms Summary Judgment in Precedential Opinion on Patent Claims Directed to Targeting Advertisements as Ineligible Subject Matter Under 35 U.S.C. § 101

JD Supra Law

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101. The court found that identifying advertisements based on search results is an abstract idea and that none of the concepts that patent owner identified are inventive to transform this abstract idea into patent-eligible subject matter.

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BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.

IP Law 360

The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

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Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

JD Supra Law

Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No. 9.462,903, the appellate panel vacated a Western District of Louisiana judgment of no inequitable conduct and affirmed the lower court’s judgment of unclean hands.

Patent 63
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Ga. Cargo Co. Says Marks Are Generic In $15M IP Dispute

IP Law 360

A Georgia-based cargo company urged the Eleventh Circuit on Thursday to reverse a $15 million judgment awarded to a competitor over trademark violations, saying the intellectual property that it's accused of using is generic.