Mon.Mar 28, 2022

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One Teacher’s Approach to Stopping Plagiarism

Plagiarism Today

Shelby Scoffield , a high school English teacher from Mountain House, California, is like many others in that she struggles to enforce academic integrity standards in her classroom. According to her, these problems became worse during the pandemic due to the rise of distance learning. However, even after taking time away to teach basics of academic integrity, she still faced an “onslaught” of papers with serious plagiarism issues.

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Diversity in IP: Notes from the 5th Annual IP Data & Research Conference

IPilogue

Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. I attended the 5 th Annual IP Data & Research Conference’s second session on diversity in intellectual property law.

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Webinar on ‘Is the Leaked TRIPS Waiver Text a Loss for India?’ [March 30]

SpicyIP

We’re pleased to inform you that Jan Swasthya Abhiyan (JSA), People’s Vaccine Alliance (India) and Campaign for Access to Medicines, Diagnostics and Devices (CAMD-India) would like to invite you to a webinar on “ Is the leaked TRIPS Waiver text a loss for India? ” to discuss the critical issues in the leaked text on 30th March, 2022. For further details, please see the announcement below: Webinar on ‘ Is the leaked TRIPS Waiver text a loss for India?

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High Court Grants Warhol Petition Asking for Guidance on Fair Use Doctrine

IP Watchdog

The U.S. Supreme Court today granted cert in Andy Warhol Foundation v. Goldsmith, Lynn, et. al., a case that asks the High Court to review a decision of the U.S. Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. In its petition for certiorari, filed in December 2021, the Andy Warhol Foundation told the Court that “the Second Circuit’s decision…creates a circuit split and casts a cloud of legal uncertainty

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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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News and Views: Copyright Hues and Authors’ Dues

SpicyIP

We’re pleased to bring to you this guest post by our former fellow Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here , here and here. News and Views: Copyright Hues and Authors’ Dues.

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Bungie Files Lawsuit to Punish Senders of Fake Destiny DMCA Notices

TorrentFreak

Notices of infringment sent by rightsholders under the Digital Millennium Copyright Act are supposed to identify infringing content so that online services can remove it, thus protecting the rightful owners. Increasingly, however, a minority of online actors view DMCA notices as a tool to disrupt and disappear content that isn’t infringing at all.

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SMART Copyright Act Would Broaden Definition of Copyright Protection Tools to Be Designated as Standard Technical Measures

IP Watchdog

Earlier this month, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the Strengthening Measures to Advance Rights Technologies (SMART) Copyright Act into the U.S. Senate. The bill is designed to address shortcomings with some of the statutory provisions of the Digital Millennium Copyright Act (DMCA) which have failed to incentivize the development of new technical measures for preventing copyright infringement online the way that Congress originally envisioned when passing the DMC

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JHL Biotech Co-Founders Sentenced to Jail for Theft of Trade Secrets

JD Supra Law

The U.S. Attorney’s Office for the Northern District of California has announced that Racho Jordanov, a co-founder and former Chief Executive Officer of JHL Biotech, and Rose Lin, a co-founder and former Chief Operating Officer of JHL, plead guilty to conspiracy to commit theft of trade secrets and wire fraud, and were sentenced a term of imprisonment of twelve months and one day, followed by thirty-six months of supervised release, with several other charges dismissed at sentencing.

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This Week in Washington IP: Using AI for Financial RegTech, New Copyright Challenges in Publishing, and How March-In Rights Can Harm American Universities

IP Watchdog

This week in Washington IP events, the Senate Committee on the Judiciary kicks off the week by returning to debate over Supreme Court nominee Ketanji Brown Jackson, as well as another nominee selected for the Southern District of New York and its IP-heavy docket. Over in the House of Representatives, the Space Subcommittee discusses ways to work with private commercial firms to develop space situational awareness tools, while the House Task Force on Artificial Intelligence explores the pros and

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Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright

JD Supra Law

In 2018, Steven Thaler filed an application to register a copyright for a computer-generated image created autonomously by a computer algorithm, the “Creativity Machine”. (We previously wrote about Mr. Thaler’s unsuccessful attempt to obtain a patent naming an AI machine as the inventor.) The image, entitled “A Recent Entrance to Paradise,” represents a “simulated near-death experience” in which an algorithm reprocesses pictures to create hallucinatory images in creating a fictional narrative.

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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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BREAKING: High Court To Consider Warhol Copyright Ruling

IP Law 360

The U.S. Supreme Court on Monday agreed to review the Second Circuit's decision that Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, following a petition that argued that the high court needs to clarify a circuit split on what makes a work transformative.

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PTAB Awards Priority for CRISPR-Cas9 Systems in Eukaryotic Cells to Broad Institute, MIT and Harvard

JD Supra Law

In its latest decision in a series of interferences related to the CRISPR gene-editing system, the Patent Trial and Appeal Board (PTAB) granted priority to The Broad Institute, MIT and Harvard (collectively, “Broad”) for inventions generally covering the use of a CRISPR-Cas9 system in eukaryotes. The PTAB found that Broad was the first to actually reduce the invention to practice and that the University of California, University of Vienna and Emmanuelle Charpentier (collectively, CVC) could not.

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How to Use AI for Better Insights

IP.com

At IP.com, we talk a lot about innovation. In fact, we don’t just talk about it, we live it! Innovation is the lifeblood of most businesses and it’s our purpose. The post How to Use AI for Better Insights appeared first on IP.com - IP Innovation and Analytics.

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Supreme Court of Canada denies Teksavvy Solutions Inc leave to appeal Canada’s first site-blocking Order

JD Supra Law

On March 24, 2022, the Supreme Court of Canada denied Teksavvy Solutions Inc’s application for leave to appeal a decision of the Federal Court of Appeal (2021 FCA 100), affirming the Federal Court’s decision in Bell Media Inc et al v Goldtv.biz et al, 2019 FC 1432, which enjoined Canada’s main Internet Service Providers (ISPs) to block their subscribers’ access to certain piracy websites.

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Quote your own patent cost: How much do you want to pay to file a patent?

Patent Trademark Blog

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. Some bill hourly. Our firm bills flat rates. Though most clients appear to prefer flat rates, even fixed fee patent cost estimates may exceed the budget of many startups and small businesses who might otherwise benefit from our services.

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2021 PTAB Year in Review: Analysis & Trends: Standard Essential Patents at the PTAB: Are SEPs Faring any Differently than non-SEPs? – Impacts and Analysis

JD Supra Law

Standard Essential Patents are on the Rise, as is Litigation - Standard-essential patents (SEPs) are on the rise as connectivity, a present-day necessity, relies on standards subject to SEPs. It is estimated that by 2025, more than 26 billion home and workplace devices will be connected to the internet and have embedded software or sensors. The economic impact of these “connected” devices is estimated to be approximately $10 trillion per year by 2025.

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Commerce Deputy Secretary Graves Joins Senator Wicker in Mississippi to Spotlight Historic Broadband Infrastructure Investments Coming to the State

U.S. Department of Commerce

Commerce Deputy Secretary Graves Joins Senator Wicker in Mississippi to Spotlight Historic Broadband Infrastructure Investments Coming to the State. March 28, 2022. KCPullen@doc.gov. Mon, 03/28/2022 - 13:57. Infrastructure. $32.7 million in Funding for Broadband Infrastructure Projects Will Connect More Than 12,000 Households in Mississippi to High-Speed Internet.

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Roots of Confusion Over “v1” CryptoPunks NFTs Raise Key Copyright and Practical Considerations for NFT Minters, Acquirers and Platform Operators

JD Supra Law

Minters of collectible non-fungible tokens (NFTs) have taken a wide range of approaches. In addition to variations in the means of distribution, token standards, governing smart contracts and platforms on which initial sales or transfers are made, the terms, conditions and content licenses (or lack thereof) under which users take possession of an NFT often differ from project to project.

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The Law Bytes Podcast, Episode 123: Darcy Michael on Why Bill C-11 Hurts Canada’s Digital First Creators

Michael Geist

Since the introduction of Bill C-11, Canadian Heritage Minister Pablo Rodriguez has insisted that he heard the concerns about regulating user generated content and he “fixed it.” Yet the reality is that anyone that takes the time to the read the bill knows that simply isn’t the case. The concerns with the government’s approach have started to attract the attention of Canadian digital-first creators, who fear the plans could lead to lost revenues and reduced promotion worldwide of what has become

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Court Denies Cox’s Challenge of $1 Billion Music Piracy Verdict

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came three years ago when the Internet provider lost its legal battle against a group of major record labels. $1 Billion Verdict. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, ordering the company to pay $1 billion in damages to the labels.

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Quickest Appellate Decision

Patently-O

by Dennis Crouch. By the time the Federal Circuit opines about a particular patent, that patent is usually at least 8 years old (median). I was wondering about the shortest time from patent-issuance to Federal Circuit written decision. The fastest I could find (for the past decade) is M-I LLC v. FPUSA, LLC , 626 F. App’x 995 (Fed. Cir. September 24, 2015) (non-precedential).

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Back to Life (Sciences) in Amsterdam. A conference report

The IPKat

On 14-16 March, this GuestKat had the opportunity to attend the "Pharma & Biotech Patent Litigation" conference in Amsterdam, which, as many readers will know, not only hosts the Kattenkabinet museum (here below a sample of the oeuvres of the museum.), but it’s also an important IP and Life Sciences hub. Although this Kat is not usually a fan of sponsored conferences, he found this conference to be instructive.

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Rolling Paper Rival Denied Enhanced Damages In IP Row

IP Law 360

An Illinois federal judge granted a rolling paper manufacturer $317,000 in prejudgment interest while simultaneously denying its bid for enhanced damages and attorney fees on trade dress and copyright claims against a competitor that went to a jury trial last year.

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Monday Miscellany

The IPKat

We're past the equinox and this means (for the northern hemisphere) that spring will bring blooming flowers, better weather, and winds that will hopefully take us to a better place. While temperatures are still struggling to raise above 15°C, check the latest IP events to warm up! This Kat is happy that spring is here, but also shocked that March is nearly over.

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Warhol Case Appeal Reignites Fair Use Debate After Google

IP Law 360

A copyright dispute over the late artist Andy Warhol's prints of the music icon Prince was picked up by the U.S. Supreme Court on Monday, and attorneys say the case offers the justices a chance to clarify the fair use test after their Google v. Oracle ruling last year.

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@MusicFirst Catches NAB Double-talk at FCC

The Trichordist

Big radio's solution to everything is destroying ownership rules at FCC.

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IBM’s LzLabs lawsuit – one of just 20 since 2008 – is proof positive of a successful licensing programme

IAM Magazine

A deep dive on Docket Navigator shows that IBM has filed just 20 cases as a plaintiff but has been a defendant in 152 since 2008. It also has an impressive track record at the PTAB.

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[Video] Kidon Podcast: IP War Stories — David Cohen & Richard Vary

JD Supra Law

My next talk is with Richard Vary. I first met Richard when I joined Nokia’s in-house IP litigation team in 2007. Richard had recently joined from a prestigious law firm in London. Richard worked his way up to ultimately become a VP and head of litigation at Nokia – where he oversaw some of their most successful and important litigation and licensing campaigns.

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Baseball been very, very good to lawyers

Likelihood of Confusion

Do you remember the lawsuit by Major League Baseball over the use of — well, not statistics, exactly, but the rights of publicity in baseball players and, marginally, the use. The post Baseball been very, very good to lawyers appeared first on LIKELIHOOD OF CONFUSION™.

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“To see success you never had before, you need to do things you never did before!”

CopyrightsWorld

Our new CEN podcast episode is SUPER INTERESTING and is now LIVE with the incredible IG Influencer Coach, Millie ( @itsmodernmillie )! Millie, among others, talked about what she does and how she grew in IG. How many followers she had when she started making brand collaborations, and what she did when her work was stollen and used without her permission.

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In-N-Out Burger Trade Dress Dispute Part II: Where’s The Beef?

JD Supra Law

Last week we introduced our readers to the imbroglio featuring the burger behemoth In-N-Out, who accused upstart Doll N’ Burgers of infringing In-N-Out’s registered and unregistered trade dress. Typical of these sorts of savory squabbles, both sides retained consumer survey experts, both experts took broadsides from the opposing party, and the Court was left to assess the damage.

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Oxford World English Symposium Preview

Velocity of Content

Imagine flying from Lagos to Delhi, on to Islamabad, and finally landing in Manila. It’s an itinerary sure to give you jet lag, crossing from continent to continent, over oceans and mountain ranges, and passing through traditions and cultures in a bewildering array. Yet at all those stops, you’re likely to be greeted in the same language. India, Nigeria, Pakistan, and the Philippines, after all, are four of the world’s largest English-speaking countries.

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Federal Trademark Registration - Part 2

JD Supra Law

Is your trademark registered? Should you register it? Why should you register it? What do you have to do? What does the process look like? Can you do it yourself or do you need to hire an attorney? These are just a few of the questions that business owners are faced with when considering whether and how to register their valuable trademarks.

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Can AI-Generated Artwork be Copyrighted?

Intellectual Property Brief

The U.S. Copyright Office Review Board denied copyright protection to an artwork created by an artificial neural system, finding that the work lacked the necessary human authorship to support a copyright claim.

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Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

JD Supra Law

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. (collectively “Moderna”) in the United States District Court for the District of Delaware. By: Rothwell, Figg, Ernst & Manbeck, P.C.