Plagiarism Today

APRIL 27, 2022

On April 13, Ben Dickson at The Next Web received an email from a lawyer with the name Nicole Palmer with the subject “DMCA Copyright Infringement Notice”. The letter was courteous and said that Dickson had used an image without permission. They were happy to have the image used, but simply wanted attribution back to the source. Dickson, however, began to investigate and found that he had obtained the photo from a free stock photo site, one that doesn’t require attribution.

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Copyright Infringement Public Domain Copyright Copyright Notice 258

IPilogue

APRIL 27, 2022

Photo by Josh Miller ( Unsplash ). Andrew Masson is an IPilogue writer and 1L JD candidate at Osgoode Hall Law School. YouTube content creators must be hyper-aware of copyright. In one of the strangest instances of a copyright takedown, Bungie, the developer of Destiny 2, was issued copyright takedowns on their own YouTube page for content they created and held copyright in.

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Plagiarism Today

APRIL 27, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. The new copyright directive, which was passed in 2019, requires web hosts and other online service providers to prevent infringing works from being reup

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Music Art Artwork Copying 194

IP Watchdog

APRIL 27, 2022

A recent New York Times Editorial Board opinion urged comprehensive reform of America’s patent system by focusing on a few examples of what the Board views as “bad” drug-related patents. Unfortunately, the opinion does not define what makes a patent good or bad. Nor do the sources relied on by the Board provide open access to the underlying data on which such judgments are made.

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Patent Intellectual Property IP 105

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?

Technology

Michael Geist

APRIL 27, 2022

The Canadian government plans to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years without mitigation measures that would have reduced the harms and burden of the extension. The Budget Implementation Act , a 443 page bill that adopts the omnibus approach the government had pledged to reject, was posted late yesterday by Finance Minister Chrystia Freeland’s department and could be tabled in the House of Commons as early as

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Government Copyright Public Domain Registration 101

Velocity of Content

APRIL 27, 2022

Food scares have been happening since the food industry began. Whether arsenic in rice-based baby food, acrylamide in snacks, or the release of a book by Upton Sinclair on the meatpacking industry, there will always be unexpected situations that challenge even the most experienced institutions’ ability to react quickly. In this blog, I will be telling you about my experience with food safety disasters, how organizations typically respond, and how these crises might be averted in the first place.

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Journalism Technology Blogging Licensing 98

IP Law 360

APRIL 27, 2022

President Joe Biden tapped two women with experience as public defenders to serve on federal appellate courts Wednesday, nominating a U.S. District Court judge from Connecticut to the Second Circuit and the public defender of Rhode Island to a vacancy on the First Circuit, according to a White House announcement.

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JD Supra Law

APRIL 27, 2022

An invention developed by a business or individual inventor may have great value to that business or individual, either through the commercialization of the invention or by licensing the invention to others in return for a license fee. That value is greater if the invention can be patented, which prevents competitors from manufacturing or selling a competitive product that incorporates your invention.

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IP Watchdog

APRIL 27, 2022

The Office of the United States Trade Representative (USTR) released its annual Special 301 Report today, which identified 27 trading partners of the United States as being either on the “Priority Watch List” or “Watch List.” This means that “particular problems exist in that country with respect to IP protection, enforcement, or market access for U.S. persons relying on IP,” according to the Report.

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Reporting IP Marketing Marketing 98

JD Supra Law

APRIL 27, 2022

The Canadian Agency for Drugs and Technologies in Health (CADTH) held consultations which ended April 14, 2022 on two new proposals: (1) a proposed process for non-sponsored reimbursement reviews and (2) a streamlined process for drug class reviews.

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Technology 98

Advertiser: IPO

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.

Patent

The IPKat

APRIL 27, 2022

Last month, the Federal High Court of Nigeria (Abuja division) delivered 2 judgments in two trade mark registration cases involving Fan Milk International A/S (Fan Milk) and Mandarin Oriental Services B.V (Mandarin Oriental). Both cases dealt with the questions of (i) what constitutes the appropriate test in determining similarities between a registered trade mark and a mark proposed to be registered and (ii) whether Nigeria affords protection for well-known marks in view of its ratification of

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JD Supra Law

APRIL 27, 2022

The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, inter alia, allegations of improper ownership and infringement if the agreements do not contemplate these possibilities and account (or attempt to account) for them. Such was the case in the Federal Circuit's recent decision in BASF Plant Science, LP v.

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Ownership 97

Managing IP

APRIL 27, 2022

Managing IP will host an in-person ceremony in London on June 15 to announce the winners of the EMEA Awards

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IP 119

JD Supra Law

APRIL 27, 2022

Administrative Law Judge (ALJ) Cameron Elliot recently found no violation of Section 337 in part because the claims recite patent-ineligible subject matter under 35 U.S.C. § 101. The patents are directed to polycrystalline diamond compacts (PDCs) used in drill bits for high-abrasion applications, such as earth-boring. The ALJ found that the claims recite conventional structural features combined with patent-ineligible performance measures and side effects.

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Patent Law 97

Managing IP

APRIL 27, 2022

Sources at funders, law firms and an NPE debate what chief judge Colm Connolly’s standing order means for discovery and settlements in Delaware

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Litigation Settlement Law 97

JD Supra Law

APRIL 27, 2022

Case Name: Genentech, Inc. v. Sandoz, Inc., Civ. No. 19-78-RGA (D. Del. Mar. 22, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Esbriet® (pirfenidone); U.S. Patent Nos. 7,566,729 (“the ’729 patent”), 7,635,707 (“the ’707 patent”), 8,592,462 (“the ’462 patent”), 8,609,701 (“the ’701 patent”), 7,816,383 (“the ’383 patent”), and 8,013,002 (“the ’002 patent”).

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Patent 97

IP Law 360

APRIL 27, 2022

Lawyers for an Austrian-owned electronics company have asked a Texas federal judge to allow them to collect over $4.3 million in fees from losing party Renesas Electronics at what could be the end of a decadelong trade secrets saga, if the now-$48 million case doesn't head to a jury for a third time.

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TorrentFreak

APRIL 27, 2022

During the summer of 2017, several of the world’s largest entertainment industry companies teamed up to create a new anti-piracy coalition. The Alliance for Creativity and Entertainment ( ACE ) brought together well-known Hollywood companies including Disney, Warner Bros, NBCUniversal, media giants such as Sky and BBC, as well as streaming-based newcomers Amazon, Netflix, and Hulu.

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Cease and Desist Privacy Business Law 66

IP Law 360

APRIL 27, 2022

A Florida federal judge has allowed hip hop mogul Drake to slip away from copyright infringement claims lodged against Crhis Brown, Sony, Universal and other makers of the 2019 hit "No Guidance.

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Copyright Copyright Infringement 75

Patently-O

APRIL 27, 2022

By Sarah Burstein, Professor of Law at the University of Oklahoma College of Law. In December 2020, the USPTO put out a request for comments on “The Article of Manufacture Requirement.” (For prior PatentlyO coverage, see here.) Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. That summary is available here.

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Design Patent Designs Design Patent 69

IP Law 360

APRIL 27, 2022

Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

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TorrentFreak

APRIL 27, 2022

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits. In most cases involving pirate sites, for example, the unlicensed distribution of movies, TV shows, music and games is easily determined. But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions.

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Cease and Desist Copyright Infringement Fair Use Copyright 62

Trading Secrets

APRIL 27, 2022

Last week, the United States Department of Justice (“DOJ”) Antitrust Division suffered back-to-back trial defeats in its recent enforcement initiative to use the Sherman Act to stop employers from using allegedly anticompetitive tactics to suppress wages and employee mobility. In the first case, the DOJ’s first ever criminal wage-fixing prosecution ended with not guilty verdicts.

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Marketing Marketing Contracts Business 59

43(B)log

APRIL 27, 2022

Capaci v. Sports Research Corp., 2022 WL 1133818, No. CV 19-3440 FMO (FFMx) (C.D. Cal. Apr. 14, 2022) Plaintiff sued SR for violating the UCL/FAL/CLRA, breach of express and implied warranties, and negligent misrepresentation based on SR’s marketing of “ ‘Sports Research Cambogia’ (‘Garcinia Cambogia’ or the ‘Product’), a dietary supplement that Defendant falsely claims is an effective aid in ‘weight management’ and ‘appetite control,’ despite the fact that the Product’s only purportedly active

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Advertising Advertising Marketing Marketing 59

Trading Secrets

APRIL 27, 2022

Members of Seyfarth’s Trade Secrets team recently worked on Trade Secret Litigation and Protection: A Practical Guide to the DTSA and CUTSA , a new 26-chapter treatise that explains the fundamentals and intricacies of trade secret law under the federal Defend Trade Secrets Act (DTSA) and the California Uniform Trade Secret Act (CUTSA). Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secret, Computer Fraud & Non-Compete practice—authored chapters and served as the Co-Editor

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Editing Litigation Copying Law 59

IAM Magazine

APRIL 27, 2022

A further deep dive into an invalidation decision highlights how crucial it is that patentees interpret claims consistently if they are not to risk losing their assets altogether.

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Patent Reporting 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential. The art world is rife with the competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get n

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Art Artwork Social Media Marketing 52

IAM Magazine

APRIL 27, 2022

A further deep dive into an invalidation decision highlights how crucial it is that patentees interpret claims consistently if they are not to risk losing their assets altogether.

Patent 52

Patent Reporting 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation is essential. The art world is rife with competition; ensuring that your portfolio is as impressive and professional as possible will raise the chances that you get noticed.

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Artwork Art Social Media Marketing 52

IAM Magazine

APRIL 27, 2022

While the respective IP laws of ASEAN states differ with regard to data exclusivity in the field of life sciences, all are focused on strengthening the enforcement of IP rights for pharmaceutical products.

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IP Law Reporting 52

Copyright Lately

APRIL 27, 2022

On today’s episode of “The Town” podcast, I joined Puck News co-founder and former Hollywood Reporter Editorial Director Matt Belloni to discuss copyright termination , an area of ever-increasing importance to the movie business. Check it out below or wherever you listen to podcasts! The post Copyright Lately on “The Town” appeared first on Copyright Lately.

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Copyright Reporting Business 52

IAM Magazine

APRIL 27, 2022

Research undertaken for IAM by Dolcera details the holders of the 100 largest portfolios. Domestic entities dominate the ranking, but a select group of foreign businesses - including Samsung, Qualcomm and Panasonic - also make the list.

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Patent Business 52

LexBlog IP

APRIL 27, 2022

A fanciful trademark is the strongest trademark type and, in addition to providing examples below, we define it as one that is “coined” for the purpose of serving as a trademark. Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since: they did not previously exist in connection with the sale of a good or service; and, carry no prior meaning.

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Trademark Branding Brands Branding 52

JD Supra Law

APRIL 27, 2022

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules of Civil Procedure, a recent Eastern District of Kentucky decision is a reminder that third-party complaints are limited to claims seeking to shift liability for the underlying patent infringement claim.

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Patent Infringement Patent 52

LexBlog IP

APRIL 27, 2022

Celltrion recently announced that it will start selling Yuflyma, an adalimumab biosimilar, in the U.S. in July 2023. The announcement stems from Celltrion’s recently inked patent agreement with AbbVie which allows Celltrion to market a high-concentration formulation of the drug. As a company official stated , “By entering the U.S. market early, we expect to show the differentiated competitiveness of the high-concentration Humira biosimilar to patients with autoimmune diseases in the

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Marketing Marketing Patent Intellectual Property 52