Tue.Feb 06, 2024

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How to Use Wikimedia Commons for Free & Legal Images

Plagiarism Today

When you're looking for images on a specific topic, Wikimedia Commons can be a godsend. Here's how to use it correct and safely. The post How to Use Wikimedia Commons for Free & Legal Images appeared first on Plagiarism Today.

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Trademark Telephone Scams

Erik K Pelton

Erik shares red flags to watch for and tips to protect yourself from trademark scammers in this podcast. The post Trademark Telephone Scams appeared first on Erik M Pelton & Associates, PLLC. Erik shares red flags to watch for and tips to protect yourself from trademark scammers in this podcast.

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3 Count: DataCamp Settlement

Plagiarism Today

DISH Network and Datacamp settle safe harbor case, manga leakers in Japan arrested and Nigerian court postpones major copyright lawsuit. The post 3 Count: DataCamp Settlement appeared first on Plagiarism Today.

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Britain Walks Away from Trade Agreement with Canada: Will Artists be Collateral Damage?

Hugh Stephens Blog

Image: Shutterstock Canadian visual artists, who have been hoping for the establishment of an Artists Resale Right (ARR) as part of a successful conclusion to the Canada-UK Free Trade Agreement negotiations, may become collateral damage if the talks breakdown completely. As I wrote in a blog post a year or so ago (“Will the “Artists’ … Continue reading "Britain Walks Away from Trade Agreement with Canada: Will Artists be Collateral Damage?

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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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Is 2024 the Year When We Will Finally Know the Scope of IPR Estoppel?

Intellectual Property Law Blog

This article was originally posted to Law360. The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. The statute simply states that an IPR petitioner may not later assert in court that a claim “is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.” 35 U.S.C. § 315(e)(2).

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AirVPN Stops Serving Italians due to “Piracy Shield” Blocking Requirements

TorrentFreak

Last December, Italy’s much-debated ‘Piracy Shield’ anti-piracy system went live in a limited capacity. With a legal challenge thwarted , the blocking efforts are now gearing up, with Internet services as rightsholders’ weapon of choice. Italy’s telecoms regulator AGCOM is the arbiter and previously declared the technological and procedural rules.

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More Trending

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Today in trademark appeals

Likelihood of Confusion

As usual, lots of fun. Plague or not, you have to bring it! Below is the case (UPDATE: audio of the argument here): UPDATE: Decision here — vacated and remanded. #winning Originally posted 2020-04-27 14:57:48. Republished by Blog Post Promoter The post Today in trademark appeals appeared first on LIKELIHOOD OF CONFUSION™.

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BMW Drops Fight With Arigna Over Integrated Circuit Patent

IP Law 360

A Virginia federal judge has signed off on a joint request by BMW and Arigna Technology to dismiss the automaker's suit seeking a declaration that its Infineon integrated circuits did not infringe a patent held by Arigna, not long after BMW opposed an attempt by Arigna's counsel to leave the case.

Patent 98
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Piracy Shield’s First Targets Blocked, Pirate Boxes Discovered in Italian Prison

TorrentFreak

When over 100 officers of Italy’s ‘Penitentiary Police’ carried out a massive anti-contraband operation inside the Velletri prison last week, the spoils were widely reported in the media. The seizure of a small amount of drugs got a mention, likewise the seizure of six phones, chargers, and a PlayStation console. But what really sparked imaginations was the discovery of pirate set-top boxes, which apparently allowed users to “access various pay TV contents such as Sky, Ne

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USPTO Promises Guidance On Atty Use Of AI Tools

IP Law 360

United States Patent and Trademark Office Director Kathi Vidal issued a memorandum on Tuesday saying the agency's existing mechanisms are adequate to tackle attorney conduct — and misconduct — related to the use of artificial intelligence tools, but promised to provide more guidance in the next few months.

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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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Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI

JD Supra Law

The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the ability to create many forms of unique content (e.g., images, video content, text, poems, stories, musical compositions, sound recordings, and even deepfakes).

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Competing In Dressage Makes Me A Better Lawyer

IP Law 360

My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

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Tattoos and Copyright – Think Before You Ink?

JD Supra Law

A first-of-its-kind copyright infringement trial began on January 23, 2024 between tattoo artist Katherine Von Drachenberg (“Kat Von D”) and photographer Jeff Sedlik (“Sedlik”).

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IBM Leads In AI Patent Applications Over Google, Microsoft

IP Law 360

IBM led the field in applying for generative artificial intelligence patents over the last five years, filing over 500 more than runner-up Google and beating out household AI names such as Microsoft and OpenAI, according to findings from a patent research firm.

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HHS Denies Appeal of Xtandi March-In Petition as Comments Close on Proposed Framework

IP Watchdog

One day before comments closed on the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights, published by the National Institute of Standards & Technology (NIST) and the Department of Commerce last month, the Department of Health and Human Services (HHS) denied an appeal of a decision not to march in on the blockbuster prostate cancer drug, Xtandi®.

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Motion To Dismiss Ruling Provides Insight Into How Courts View AI Training Data Cases

JD Supra Law

A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their rights, highlights how courts are grappling with some of the unique legal issues presented by these fact patterns.

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“Sunset Boulevard” Star Gloria Swanson is the Overlooked Thomas Edison of Hollywood

IP Close Up

A prolific inventor who founded a profit-sharing invention company in New York and saved German scientists from Hitler, Oscar-nominated Gloria Swanson’s real-life invention story reads Continue reading

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Under the Bridge | The Rise of Copyright Trolls in the Intellectual Property Space

JD Supra Law

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. The term “copyright troll” is an unflattering nickname for someone who manipulates the intellectual property (“IP”) laws to force a “toll” by way of a settlement payout on market participants.

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Different Aspects of Seeing a Shop Floor—Visual Management, 5S, and Waste

Christopher Roser

In my last post I looked at some general tips on how to see the shop floor. Most of them involve focusing on the right areas of the shop floor, and avoiding interesting but not relevant technical details. This post will discuss different aspects that can be observed. Here, too, try not to see everything. Read more The post Different Aspects of Seeing a Shop Floor—Visual Management, 5S, and Waste first appeared on AllAboutLean.com.

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You’ve Got Mail: Federal Circuit Allows Service Through Email 

JD Supra Law

In re: Aputure Imaging Industries Co., Ltd, No. 2024-103 (Fed. Cir. Jan. 22, 2024) - On January 26, 2024, the Federal Circuit denied a petition for writ of mandamus to vacate an order permitting Rotolight Limited (“Rotolight”) to serve Aputure Imaging Industries Co., Ltd. (“Aputure”) through email to Aputure’s in-house counsel.

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Community Partner Spotlight: BIPOC Podcast Creators

Copyright Alliance

Today, we turn the spotlight over to one of our Community Partners, BIPOC Podcast Creators. They are a Black and Latina-owned non-profit organization dedicated to amplifying “BIPOC talent and voices […] The post Community Partner Spotlight: BIPOC Podcast Creators appeared first on Copyright Alliance.

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Acadia Pharms. Inc. v. Aurobindo Pharma Ltd. - Nuplazid® (Pimavanserin Tartrate)

JD Supra Law

Case Name: Acadia Pharms. Inc. v. Aurobindo Pharma Ltd., No. 20-985-GBW, 2023 WL 8622048 (D. Del. Dec. 13, 2023) (Williams, J.) - Drug Product and Patent(s)-in-Suit: Nuplazid® (pimavanserin tartrate); U.S. Patent No. 7,601,740 (“the ’740 patent”).

Patent 70
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Vivint Takes Bid To Undo $190M Trademark Verdict To 4th Circ.

IP Law 360

Smart home software company Vivint, saddled with a nearly $190 million verdict over allegedly deceptive marketing tactics, is taking its quest to overturn the judgment to the Fourth Circuit, following a North Carolina judge's decision to uphold the damages awarded to its competitor.

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Let Them Eat Cake: Italy's Antitrust and Advertising Authorities Crack Down on Influencers - Kattison Avenue/Katten Kattwalk | Issue 3

JD Supra Law

Pandoro, a traditionally star-shaped sweet bread dusted with powdered sugar, is a favorite holiday treat in Italy, rivaled only by panettone, a domed Milanese cake with candied orange, lemon and raisins. According to newswire ANSA, Italians spent €330 million on Christmas cakes last December.

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Webinar Recap! 2023 Trade Secrets & Non-Competes Year in Review

Trading Secrets

In the inaugural session of the 2024 Trade Secrets Webinar Series, our panelists meticulously examine pivotal legislation, landmark cases, and legal advancements spanning trade secrets and data theft, non-competes and restrictive covenants, and computer fraud on a national scale. Tailored specifically for general counsel, labor and employment counsel, IP counsel, and HR professionals, this webinar offers essential insights into trade secrets, non-competes and restrictive covenants, and computer

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Avoiding Warhol: How Celebrity Tattoo Artist Kat Von D Turned Defeat Into Victory in the Central District of California

JD Supra Law

When celebrity tattoo artist Katherine Von Drachenberg (better known as Kat Von D) tattooed a portrait of Miles Davis on her friend Blake Farmer’s arm as a gift, she used a reference photo created by professional photographer Jeffrey Sedlik to guide her work. This tattoo—which Von D did not charge for—would set off a two-year legal battle that culminated in a jury trial in the Central District of California in early 2024.

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Wilson Sonsini IP Litigator Jumps To Clark Hill In San Diego

IP Law 360

Clark Hill PLC is expanding its West Coast team, announcing Tuesday it is bringing on a Wilson Sonsini Goodrich & Rosati PC patent litigator as a member in its San Diego office.

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Patent Poetry: Patent Office Issues Guidelines for Enablement after Amgen

JD Supra Law

The United States Patent and Trademark Office (USPTO) has published new Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al. The Guidelines are for ascertaining compliance with the enablement requirement of 35 U.S.C. § 112. This requires that a patent specification enables a person of ordinary skill in the art (POSITA) to make and use the invention.

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Charts May Not Be Greatly Similar In IP Case, Judge Says

IP Law 360

A federal magistrate judge said he was not convinced that a Washington software company's managing chart was "strikingly similar" to a chart created by a management consultant who has accused the software firm of infringement, questioning Thursday if there was enough to show that the defendants had direct access to the protected chart.

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It All Started With A Mouse: What Happens When Iconic Characters Enter the Public Domain?

JD Supra Law

As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual property.

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Fight Against The Flow

LexBlog IP

This is a personal rant. I’ll admit it right off. This is Erin Ogden’s opinion, and I am oddly overly vehement about it. The topic? Flow state. What?! Yeah. Flow state. Read or listen to any productivity how-to and it will tell you about the magical state of “flow.” You must reach it. It is a wondrous place where every light is green, every library book is available for check out, and every size is in stock.

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PTAB/USPTO Update - February 2024

JD Supra Law

A recent article, “Discovering Value: Women’s Participation in University and Commercial Artificial Intelligence (AI) Invention,” reports on a new study finding that women’s participation in patenting results in patents with higher economic value. The article provides a special focus on biotechnology and biotech AI.

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Pacira Touts Stability Upgrade In Pain Drug Patent Trial

IP Law 360

A novel manufacturing process that extends the shelf life of the pain reliever Exparel should extend the exclusivity period of the product's patent, Pacira BioSciences Inc. has told a New Jersey judge tasked with weighing infringement claims against generic drugmaker eVenus.

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UPOV Releases Explanatory Notes Further Defining Protection for Essentially Derived Varieties

JD Supra Law

On October 27, 2023, the International Union for the Protection of New Varieties of Plants (UPOV) released its third set of explanatory notes on essentially derived variety (EDV) protection. In this alert, we provide a brief history of EDV protection and plant variety protection (PVP), and we describe how the new explanatory notes may affect the rights of US and international certificate holders.

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Sandoz to Acquire CIMERLI from Coherus for $170 Million

LexBlog IP

On January 22, 2024, Sandoz announced its plans to acquire the U.S. biosimilar ranibizumab CIMERLI (ranibizumab-eqrn) from Coherus BioSciences, Inc. (“Coherus”) for an upfront cash purchase payment of USD 170 million. The acquisition includes a biologics license application, product inventory, ophthalmology sales and field reimbursement talent, as well as access to proprietary commercial software.