Tue.Apr 16, 2024

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Trademark Tips for Journalists

Erik K Pelton

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

Trademark 254
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Yet Another Harvard Plagiarism Scandal

Plagiarism Today

Harvard is facing yet another plagiarism scandal, this one involves an instructor who is accused of plagiarizing in an expert witness report. The post Yet Another Harvard Plagiarism Scandal appeared first on Plagiarism Today.

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Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

JD Supra Law

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of trade secrets and CBI can cost companies millions of dollars in legal fees, reputational harm, and lost revenue. In recent years, three new trends in the way that companies do business have led to unintended growth in this area of risk.

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3 Count: This is America

Plagiarism Today

Kidd Wes appeals This is American decision, Stephen Thaler appeals AI ruling and Global Music Rights settles with radio stations. The post 3 Count: This is America appeared first on Plagiarism Today.

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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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Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness

IP Watchdog

The U.S. Supreme Court today reversed an en banc decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which Judge Pauline Newman dissented, a development Newman’s lawyers say belies CAFC Chief Judge Moore’s opinion that Newman is mentally unfit to serve on the court. The en banc decision was an appeal from the United States Court of Appeals for Veterans Claims in which Judges Newman and Reyna each separately dissented.

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7th Circ. Finally Freezes Hytera's $1M-Per-Day Sanctions

IP Law 360

The Seventh Circuit on Tuesday halted the daily $1 million fine and sales ban ordered against Hytera Communications for participating in Chinese litigation against a district judge's orders, after previously refusing to save the company from its "self inflicted wounds.

More Trending

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Justices Say Army Vet Owed More Education Benefits

IP Law 360

An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.

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How Madhya Pradesh Government Protects Its Tribes From Illegal Conversion?

IP and Legal Filings

“Too often, Indian tribes are at the mercy of the shifting political winds of the State government.” ~ Jim Costa The statement above elucidates succinctly that how tribes of India get treated within our nation. Tribes, their cultures and traditions, their languages, unique scripts, etc., which need to be protected, are all at the mercy of the ruling governments.

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As Course Materials Prices Drop, Dept. of Ed Proposes a Risky Rule Change

The Illusion of More

About 25 years ago, when my first child was a little kid, I predicted to a friend that by the time that boy was an adult, higher education in the United States would be in crisis—both financially and culturally. It was clear then that the rate of increase in costs implied a level of borrowing […] The post As Course Materials Prices Drop, Dept. of Ed Proposes a Risky Rule Change appeared first on The Illusion of More.

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ROP on the Rise: Right of Publicity Claims Will Rise as States Address AI Generated Deepfakes and Voice Cloning

JD Supra Law

Laws prohibiting the use of a person’s likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer’s endorsement to “freemium” reports by people search companies.

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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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The Evolution of Automotive Assembly Line—Part 1

Christopher Roser

Automotive assembly is one of the pinnacles of modern manufacturing, having a very complex product of 30 000 parts as well as mass production in large quantities. The modern automotive moving assembly line is hence one of the most complex manufacturing operations in the world. In this two-post series I will look at how this. Read more The post The Evolution of Automotive Assembly Line—Part 1 first appeared on AllAboutLean.com.

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The Pleading Standard for Complex Technology? It's Complex.

JD Supra Law

Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case involves complex technology? That's the upshot of the court's decision in Lindis Biotech, GMBH v. Amgen, Inc., C.A. No. 22-35-GBW, 2024 WL 1299930 (D. Del. Mar. 27, 2024). The independent claim at issue “requires administration of a trifunctional, bispecific immunostimulating antibody.”.

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The Use of Mandated Public Disclosures of Clinical Trials as Prior Art Against Study Sponsors

Patently-O

By Chris Holman Salix Pharms., Ltd. v. Norwich Pharms. Inc. , 2024 WL 1561195 (Fed. Cir. Apr. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. Pharmaceutical innovators are voicing concern that these disclosures are increasingly being used as prior art to invalidate patents arising out of, or otherwise relating to, these trials, in a manner that threat

Art 75
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Latest Federal Court Cases - April 2024 #3

JD Supra Law

Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands barred patentee Eazy-PZ LLC (“EZPZ”) from seeking relief, and also addressed issues concerning inequitable conduct, patent invalidity, and attorneys’ fees and costs under 35 U.S.C. § 285.

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Winston & Strawn Settles Brief-Plagiarizing Allegations

IP Law 360

A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim.

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AI News Roundup – IP Protection hearing, USPTO AI Guidelines, potential data center for AI computing and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. Last week, the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing entitled “Artificial Intelligence and Intellectual Property: Part III – IP Protection for AI-Assisted Inventions and Creative Works.

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10 Years After Alice, Predictability Debate Lingers

IP Law 360

A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.

Patent 64
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Genentech and Dr. Reddy’s Settle BPCIA Litigation Against Proposed Rituxan Biosimilar DRL_RI

JD Supra Law

On April 10, 2024, the Court granted Plaintiffs Genentech, Hoffmann-La Roche, and Biogen and Defendants Dr. Reddy’s and Fresenius Kabi’s joint stipulation of dismissal due to settlement in Case No. 1:23-cv-22485 (D.N.J.) related to Dr. Reddy’s and Fresenius Kabi’s proposed Rituxan® (rituximab) biosimilar DRL_RI.

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Fed. Circ. Is Told To Undo Transfer Of Apple Patent Case

IP Law 360

A Texas federal judge has shipped to California a suit accusing Apple of patent infringement, prompting patent-owning technology company Haptic Inc. to appeal the decision to the Federal Circuit.

Patent 59
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Is Famous Whiskey Really Famous? Exploring Brand Recognition, Trademark Dilution & Fame

JD Supra Law

Is the dripping wax seal of Maker’s Mark famous? What about the Texas Longhorn Football logo – surely that’s famous, isn’t it? While many would say those are famous and indelible American symbols, in the area of trademark law, specifically trademark dilution, there is no easy answer.

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The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case

Garrigues Blog

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law. The world of fashion design, in which aesthetics are woven into practicality, poses challenges for copyright.

Art 59
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USPTO Guidance on Use of AI-Based Tools

JD Supra Law

The USPTO has issued several recent Federal Register Notices this calendar year. The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89 FR 25609 (April 11, 2024) (the “Guidance”) comes on the heels of the Final Rule: Signature Requirements Related to Acceptance of….

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2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit

IP Law 360

The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.

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ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

JD Supra Law

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS Act (Ensuring Likeness Voice and Image Security) into law on March 21, 2024.

Law 62
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US Tequila Startup Defeats Older Mexican Rival's TM Case

IP Law 360

A Texas federal judge has decided that the tequila marketplace is big enough for both a U.S. startup called "Casa Azul" and an older Mexican brand called "Clase Azul," whose lawyers unsuccessfully tried to persuade the judge of its fame by playing a music video by reggaeton rapper Ozuna.

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No Joint Inventorship When Contribution Is Insignificant in Quality Compared to Main Invention

JD Supra Law

In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality because it was mentioned only once in the patent specification as an alternative heating method to a microwave oven and was recited only once as part of a Markush group in a claim.

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Cooler Co. Says License Revelation Guts Rival's Patent Claim

IP Law 360

A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.

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SCOTUS Won’t Review District Courts’ Authority to Award Sanctions

IP Watchdog

The U.S. Supreme Court on Monday denied a petition that challenged the U.S. Court of Appeals for the Ninth Circuit’s decision that found a district court had authority to impose $36 million in sanctions for abusive litigation practices in a trademark case. The underlying case relates to AECOM Energy & Construction, Inc.’s (AECOM) suit against Gary Topolewski, who owned a clothing business called Metal Jeans, Inc., for infringing use of trademarks associated with AECOM's predecessor, Morriso

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Caitlin Clark's WNBA Leap Set To Pay Off, Lift Women's Sports

IP Law 360

Although the first-year WNBA salary of Caitlin Clark will be relatively meager, she is in no financial straits because of dramatic changes to the laws and rules governing college athletes' ability to earn money in recent years, and experts say Clark's ascension is lifting up all of women's sports.

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TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

The TTABlog

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.] In re Suarez Industries, Inc. , Serial No. 97602779 (April 10, 2024) [not precedential] (Opinion by Judge Michael B.

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Supreme Court Asked To Look At 'Original Patents'

IP Law 360

A Texas patent outfit is back at the U.S. Supreme Court with an appeal over a loss in the lower courts, this time over a reading of legal precedent involving patent law's rarely invoked "original patent" requirements.

Patent 52
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VP Candidate N. Shannan is a Wealthy Patent Analyst and Lawyer, but Will She be Good for IP Rights?

IP Close Up

Independent Presidential candidate Robert F.

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Impossible Foods Slams 'Radical' TM Fight At High Court

IP Law 360

Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.

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Key Trends in the Shifting World of Search

Velocity of Content

The information landscape is undergoing a seismic shift, presenting both challenges and opportunities for librarians and info pros serving research communities. This necessitates a transition in librarian roles, from information retrievers to search educators, adept at guiding users through the intricacies of prompt engineering across diverse search tools.

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DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival

IP Law 360

Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.

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