Thu.Oct 19, 2023

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Professor Blames Ghostwriter for Review Plagiarism

Plagiarism Today

A French professor is accused of plagiarism in a journal review article. However, he's blaming his ghostwriter for the issue. The post Professor Blames Ghostwriter for Review Plagiarism appeared first on Plagiarism Today.

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Trademark Application Expert Tips

Erik K Pelton

The following is an edited transcript of our video Trademark Application Expert Tips. Five trademark application tips If saving money is a consideration, think about applying only for your core goods and services. There is an additional fee for each class that is applied for at the USPTO, so think about the goods or services that you mainly offer and apply for those.

Trademark 130
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3 Count: More AI Lawsuits

Plagiarism Today

Music publishers sue AI company Anthropic, Authors sue Meta and Microsoft over AI training, and Vietnam targets pirate sites. The post 3 Count: More AI Lawsuits appeared first on Plagiarism Today.

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October 19, 1976 – President Gerald Ford Signs the “New” Copyright Act…and Much More

Velocity of Content

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States. The 1976 Act was the first major revision of US copyright law since the 1909 Act , which was passed during the era of Mark Twain, ragtime, player pianos, and early silent films.

Copyright 115
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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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Qualification of Series LLCs to Do Business in Another State

Cogency Global

What this is : Much variation exists between the states when it comes to registering foreign series LLCs as a foreign company. What this means : When planning to use a series LLC structure in the domestic state, it’s important to consider where else the company and the individual series cells may wish to operate as not all states have statutes allowing for series LLCs to qualify to do business.

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The Federal Trade Commission and Artificial Intelligence

JD Supra Law

Artificial intelligence (AI) burst into the public consciousness less than one year ago, with OpenAI’s highly successful public release of ChatGPT. Since then, AI-enabled products and services have proliferated throughout the economy. AI-enabled tools can now do everything from marketing automation to HR functions and from legal research to accounting.

More Trending

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The Impact of Goods and Services Tax (GST), on Online Gaming and Horse Racing Taxation; Navigating through Turbulent Waters

IP and Legal Filings

Introduction The GST Council in the meeting conducted earlier this year, announced a raise in the taxation of Online Gaming and Horse racing from 18 percent tax slab to 28 percent tax on the “ face value”. The council with majority support over the decision, decided to make it law in force from 1st of October. There were several contentions from the states of Goa, Tamil Nadu, Sikkim and then Delhi, which were dealt with in the meeting considering the general consensus of the council that it had

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[Audio] Turning Radiation Oncology Challenges into Solutions: Kurt Sysock's RADformation

JD Supra Law

In the world of radiation oncology, precision is paramount. Every millimeter matters when it comes to treating cancer patients with radiation therapy. But what happens when the very technology designed to save lives becomes a source of potential errors and inefficiency? Today, we're delving into the fascinating world of radiation oncology and the critical role technology plays in patient care.

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Paramount Says 'Star Trek' Fan Film Producer Violated IP Deal

IP Law 360

Paramount Pictures and CBS have filed a petition in Los Angeles Superior Court seeking to confirm a $292,000 arbitration award against Axanar Productions and Alec Peters, saying the producers of an unauthorized "Star Trek" fan film violated a 2017 deal that ended the entertainment companies' copyright infringement lawsuit over the project.

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Akin Intelligence - October 2023

JD Supra Law

Welcome to the October edition of Akin Intelligence. We continue to see bipartisan and international interest in artificial intelligence (AI) regulation. In the executive branch, agencies are working towards developing standards in accordance with previous executive orders and soliciting comments from stakeholders on proposed AI rules and policies. Please see full publication below for more information.

Editing 79
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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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Meta, Instagram And WhatsApp Beat Swipe-Reply Patents Suit

IP Law 360

A Delaware federal judge on Thursday tossed with prejudice a patent infringement suit claiming Meta and its WhatsApp and Instagram units stole the technology for a feature that lets users reply to an individual within group chats, after Meta invalidated most of the suit's claims before the Patent Trial and Appeal Board.

Patent 75
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Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

JD Supra Law

California has done it again! We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.

Law 77
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Newman Suspension Shows Need For Judicial Reform

IP Law 360

The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

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The EPO Has Announced It Will Cease Its 10 Day Rule

JD Supra Law

Communications from the European Patent Office (EPO), which include official actions, were originally sent by registered letter and the rules were written to take this into account and assumed that such communication would take ten days to reach its destination, thereby creating a ten day grace period within which to file a response.

Patent 75
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Legal Advisory Board Member Spotlight: Music Law Pro

Copyright Alliance

This week we’d like to introduce you to Copyright Alliance’s Legal Advisory Board (LAB) Member Music Law Pro. What motivated your firm to become a member of the Copyright Alliance […] The post Legal Advisory Board Member Spotlight: Music Law Pro appeared first on Copyright Alliance.

Music 67
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Navigating Data Ownership in the AI Age, Part 2: Frameworks Governing Data Ownership

JD Supra Law

The proliferation of AI-derived and processed data in the era of big data is occurring against a complex backdrop of legal frameworks governing ownership of and responsibilities with regard to that data. In a previous installment of this two-part series, the authors outlined challenges and opportunities presented by big data and AI-derived data. In this part, they will discuss the complex legal backdrop governing this emerging area, including potential implications for business.

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UPC Court of Appeal's first decision extends time limits for filing the Preliminary Objection and the Statement of Defence in some cases

The IPKat

UPC Court of Appeal (source: UPC official website) The Court of Appeal of the Unified Patent Court (UPC) has issued its first order (this Kat prepared a machine translation in English). Unsurprisingly, given the UPC system only started from 1 June this year the first appellate order relates to a procedural issue rather than anything on the substantive merits of the case.

Copying 62
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Celltrion Expands Access to YUFLYMA (adalimumab-aaty)

JD Supra Law

On October 5, Celltrion Healthcare Co. announced that it has signed a contract with Ventegra, a major U.S. Medical Benefits Manager (MBM) “who administers pharmacy benefits through its Pharmacy Services Administration (PSA) model that has been effectively displacing traditional PBM’s.”.

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Thursday Thingies

The IPKat

Image via Pexels Another Autumn week is coming to an end, and with the falling leaves come some more interesting IP opportunities. The Herchel Smith Intellectual Property Lecture 2023 The Lecture will take place on Monday 23 October at Ashworth Centre, The Honourable Society of Lincoln’s Inn. The conference will feature a discussion on Intellectual Property Rights and Dirigiste Innovation Policies.

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UPC denies third party access to revocation action and evidence

JD Supra Law

In Astellas v. Osaka University (UPC_CFI_75/2023), by decision of 21 September 2023, the UPC Munich Central Division denied a third party access to the case file, specifically to Astellas’ revocation action, which was requested for reasons of “education and training”. By decision of 20 September 2023 in Sanofi v. Amgen (UPC_CFI_1/2023), a file inspection request made “to form an opinion on the validity of a patent out of a personal and a professional interest” was likewise denied.

Patent 68
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Never Too Late: If you missed the IPKat last week!

The IPKat

If you've been too busy pumpkin shopping to keep up with the latest news, don't worry - the IPKat is here to bring you up to speed. Patents This Kat hasn't quite got the hang of carving Jack-O-Lanterns Katfriend Léon Dijkman provided an update about 10X Genomics v Nanostring - the first-ever injunction decision by the new Unified Patent Court (UPC).

Designs 62
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Recent FDA Initiatives to Support Development of Individualized Cell and Gene Therapies and Rare Disease Therapies

JD Supra Law

​​​​​​​Last month, FDA issued a Request for Information (RFI) in the Federal Register seeking information and comments from interested stakeholders regarding “critical scientific challenges and opportunities to advance the development of individualized cellular and gene therapies (CGTs).”.

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CAFC Says Fraud in Incontestability Filing Does Not Kill Trademark Registration

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday ruled in a precedential decision that the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark.

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Jack Daniels v. Bad Spaniels: Parody and First Amendment Protections Do Not Shield Users of Expressive Commercial Source-Identifying Marks From Trademark Infringement Liability

JD Supra Law

Seeing an opportunity to capitalize on comedic freedom of speech and parodistic liberties (think Weird Al Yankovic and Aqua’s Barbie Girl hit song), a pet toy maker decided to create a chewable, squeaky dog toy shaped like the famous bottle of Jack Daniel’s whiskey called “Bad Spaniels.” Instead of the recognizable slogan “Old No. 7 Brand Tennessee Sour Mash Whiskey” found on Jack Daniel’s products, Bad Spaniels featured the phrase “The Old No. 2 On Your Tennessee Carpet.”.

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Exclusive: Australia’s Qantm IP has sights set on India

Managing IP

The group, which already owns IP businesses in Australia, New Zealand and Malaysia, is exploring options to expand its presence in the Asian market

IP 59
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Great Concepts LLC v. Chutter, Inc.: The Federal Circuit Weighs In on TTAB’s Authority When a Registrant Commits Fraud on the Trademark Office

JD Supra Law

The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. v. Great Management Group L.L.C. (TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement. Following the Federal Circuit’s 2009 In re Bose Corp. decision, fraud on the USPTO was curtailed to instances with substantial evidence of intent to deceive.

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Global Dossier: Update

LexBlog IP

Global Dossier is a joint project between the IP5 Offices. The IP5 Offices include the European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), State Intellectual Property Office of the People’s Republic of China (SIPO), and the USPTO, i.e., the five largest patent offices in the world. Information in Global Dossier is also available from over 30 other countries through WIPO CASE.

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Trade Dress Rights Asserted in Chandelier Cloud Configuration

JD Supra Law

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023, Apparatus debuted the “Cloud Fixture” chandelier in 2012, featuring “a pendulous arrangement of a number of glass orbs frosted by hand to create an irregular texture reminiscent of 19th Century décor.”.

Designs 62
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AI and Copyright: Charting New Horizons for Content Creators

LexBlog IP

In the digital age, artificial intelligence (AI) has become a game changer for content creators and social media influencers. AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. Yet, as with all technological advancements, there’s a legal side to consider.

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Combing Through Design Patents

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) recently reached an important milestone. On September 26, 2023, the USPTO issued its millionth design patent. .

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Intel Seeks Win In $900M Patent Fight Ahead Of March Trial

IP Law 360

Intel urged a California federal judge at a hearing Thursday to hand it a win in licensing company VLSI's $900 million patent fight set for trial in March, arguing its chips don't infringe the plain terms of VLSI's patents and that Intel already entered licensing agreements for the patents with an alleged VLSI affiliate.

Patent 52
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AI Inventions and Subject Matter Eligibility

JD Supra Law

In June 2014, the U.S. Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International, et al., where it removed the presumption that software operating on standard hardware components could avoid being deemed an abstract idea. The Alice court articulated a two-part patent eligibility test for software inventions. Step one, known as the “filter step,” determines whether the patent claims at issue are directed to a patent-ineligible concept, such as an abstract idea.

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Ohio’s Supreme Court Ducks the Question of Whether “Mere Confidential Information” Is Protectable

LexBlog IP

A debate is growing within the trade secret community about the scope of information that should be protected–specifically, confidential information that does not rise to the level of a trade secret. This debate is largely between employers and their counsel who want to have every available tool to protect all of their information, and those who believe existing trade secret law provides adequate protection and therefore, information that doesn’t meet that standard isn’t worthy

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AI and Copyright: Charting New Horizons for Content Creators

Traverse Legal Blog

In the digital age, artificial intelligence (AI) has become a game changer for content creators and social media influencers. AI tools offer unprecedented assistance in content creation, from automated editing to graphic design, and push the boundaries of creativity. Yet, as with all technological advancements, there’s a legal side to consider.

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Sandoz Wins Incontinence IP Claim Against Astellas

IP Law 360

Astellas has fended off efforts by two generic drugmakers to invalidate one of its U.K. patents for a treatment for overactive bladder syndrome but failed to persuade a judge that its rival's product would infringe its intellectual property.