Wed.Jun 07, 2023

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Did a Professor Entrap His Students?

Plagiarism Today

A professor uploaded a fake answer key to a study aid website. In doing so, he caught 40 cheaters and sparked a debate. The post Did a Professor Entrap His Students? appeared first on Plagiarism Today.

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Generative AI and Patent Considerations – Part One

Intellectual Property Law Blog

First published by ALM / Law.com in The Intellectual Property Strategist All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon fo

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3 Count: Levitating Away

Plagiarism Today

Dua Lipa wins dismissal of Levitating case, Japan says AI training is legal and manga publishers seek info from Cloudflare and Google. The post 3 Count: Levitating Away appeared first on Plagiarism Today.

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Court Finds that it would be Inconvenient for Major Multinational Corporation (Microsoft) to Litigate in Texas

Patently-O

by Dennis Crouch In the recent case of In re Microsoft , 23-128 (Fed. Cir. 2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). This decision was made under the provisions of 28 U.S.C. § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice.

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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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What Goldsmith Means to AI Trainers

IP Intelligence

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether using copyrighted works to train artificial intelligence (AI) models would qualify as a fair use of those works under US copyright law.

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The Role Of NFTS In The Metaverse:Litigating Nft Disputes – Part II

JD Supra Law

In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT.

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The Supreme Court’s Take on the Enablement Requirement; Amgen, Inc. v. Sanofi

JD Supra Law

For nearly a decade, Amgen Inc. and Sanofi had been embroiled in a patent infringement dispute over Amgen patents covering broad classes of antibodies beneficial to human blood cholesterol levels. The antibodies that Amgen claimed are defined by their function—an ability to bind to a certain protein and subsequently block the protein from binding to LDL receptors.

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Deputy Commerce Secretary Graves to Host Business Diversity Convening

U.S. Department of Commerce

Deputy Commerce Secretary Graves to Host Business Diversity Convening June 7, 2023 ASowah@doc.gov Wed, 06/07/2023 - 11:53 Investing in communities and workers On Tuesday, June 13, 2023, U.S. Deputy Secretary of Commerce Don Graves will host a Business Diversity Convening of private sector leaders on corporate diversity, equity, inclusion, and accessibility (DEIA) initiatives as part of the first Access Summit: Unlocking Opportunities for All.

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Enhanced Protection for Innocent Passengers: Ontario Court of Appeal’s Ruling on Stolen Vehicle Accidents

Nelligan Law

Reading Time: 3 minutes Introduction In a recent decision, the Ontario Court of Appeal has shed light on the applicable insurance coverage in cases where a person operates a vehicle without the owner’s permission or consent. The ruling in Burnham v. Co-operators General Insurance Company, 2023 ONCA 384, provides clarity on the interpretation of insurance policies and their coverage provisions in such situations.

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Penile Implant Secrets Stolen By Rival, Urologist Tells Jury

IP Law 360

A urologist told a Los Angeles federal jury on Wednesday that he created the first Food and Drug Administration-approved cosmetic penile implant, only to be "betrayed' by a fellow urologist who stole his company's trade secrets and made it public by filing a patent application based on the confidential information.

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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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Five Tips for IPR Practice Following the Federal Circuit’s Decisions in Medtronic v. Teleflex

IP Watchdog

This week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued two precedential decisions that provide additional guidance for those participating in inter partes review (IPR) proceedings. These decisions are Medtronic, Inc. v. Teleflex Innovations S.a.r.l., cases 21-2357 and 21-2359. In total, they address six IPR proceedings challenging five patents related to various advances in guide catheter technology.

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Dua Lipa Levitates Out Of 'Future Nostalgia' Copyright Row

IP Law 360

A California federal judge has agreed to dismiss a copyright suit lodged against Grammy-award-winning singer Dua Lipa and Warner Records over a song on her 2020 album "Future Nostalgia," finding that a reggae band failed to show how Lipa or her songwriters had access to its purportedly imitated work.

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Apple Asks CAFC to Rehear APPLE MUSIC Trademark Application Case

IP Watchdog

Last week, Apple filed a petition for the U.S. Court of Appeals for the Federal Circuit (CAFC) to rehear a decision that effectively canceled the tech giant’s application to register the trademark APPLE MUSIC. The petition asks the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it can proceed to registration.

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9th Circ. Axes $1.7M Atty Fee Award In $53K Napster Deal

IP Law 360

The Ninth Circuit on Wednesday undid a $1.7 million fee award for plaintiffs' attorneys in a royalties class action against Napster that garnered just $53,000 for songwriters, finding that the award wasn't reasonable and was based on an "illusory" settlement cap rather than what was actually paid out.

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PTAB/USPTO Update - June 2023

JD Supra Law

On May 23, the USPTO announced a request for comments seeking public input on whether to make permanent or modify the PTAB’s Motion to Amend (MTA) Pilot Program. The USPTO is also seeking related input on the rules of practice to allocate the burden of persuasion on motions to amend. Written comments are due by July 24, 2023.

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Firm Tips For Helping New Lawyers Succeed Post-Pandemic

IP Law 360

Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

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[Video] Webinar | Amgen v. Sanofi: Discussing the SCOTUS Decision

JD Supra Law

In its May 18 ruling, the U.S. Supreme Court sided with Sanofi in Amgen v. Sanofi, 598 U.S. _ (2023), a dispute concerning broad functional genus claims for antibodies. The Supreme Court held that under 35 U.S.C. § 112(a), "Amgen has failed to enable all that it has claimed, even allowing for a reasonable degree of experimentation." 598 U.S. _, at *15.

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Toy Co.'s Disney Card Game Based On Stolen Idea, Suit Says

IP Law 360

Game and toy company Ravensburger ripped off a rival company's designs for its soon-to-be-released Disney Lorcana trading card game, says a lawsuit the competitor filed on Wednesday in California state court.

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Updates on Recent Foreign Approvals and Launches

JD Supra Law

​​​​​​​On May 26, 2023, the European Commission granted the marketing authorization to Samsung Bioepis for EPYSQLI, a biosimilar referencing SOLIRIS (eculizumab) developed by Alexion for the treatment of the paroxysmal nocturnal hemoglobinuria (PNH) that had global sales of approximately $5 trillion last year.

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DC Comics Wins Batman Logo TM Challenge In EU

IP Law 360

DC Comics on Wednesday won its trademark fight with an Italian businessman over the Batman logo, after an EU court rejected his argument that the public associated the insignia with the superhero but not the publisher.

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The Copyright Conundrum of AI-generated Art

JD Supra Law

Like NFTs, AI is imposing a paradigm shift in the art world. We wrote previously about an individual who is suing the U.S. Copyright Office for its refusal to register AI-authored artwork and asking the court to grant the registration.

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The Power of Redbud: Combining Capital and Operating Support for Consumer Brands

LexBlog IP

Redbud overview Redbud is a consumer venture ecosystem that creates, accelerates, scales, and funds innovative, better-for-you consumer brands through their venture capital studio (Redbud Brands) and venture fund (Redbud Ventures). Founded in 2020 by two seasoned consumer executives, Brian Goldberg and John Ferrari, Redbud has grown to an organization of 50+ employees across the holding company, underlying portfolio companies, and fund, with offices in Austin, TX and Southern California.

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Client Alert: Supreme Court Affirms High Enablement Bar for Drug Patents

JD Supra Law

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. v. Sanofi, 987 F.3d 1080 (CA Fed. 2021). The Court thus left in place a significant decision making it more difficult for drug companies to block competitive products that are functionally equivalent, but structurally different.

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Patent Litigation Cost: How to Stop Infringement with Less Money

Patent Trademark Blog

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? To put it another way, how would you feel knowing that one million dollars might not get you halfway through a patent lawsuit? For many small businesses, the price tag of an infringement lawsuit is cost prohibitive.

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What Goldsmith Means to AI Trainers

JD Supra Law

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether using copyrighted works to train artificial intelligence (AI) models would qualify as a fair use of those works under US copyright law.

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Biden Names Louisiana District, Federal Claims Court Picks

IP Law 360

President Joe Biden announced four new judicial nominees Wednesday, including two for vacancies in Louisiana — one of which would be the first person of color to serve on the district's bench — and one nominee each for the Federal Claims Court and D.C. Superior Court.

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Throwing A Life Raft To Patentability When Facing The “On Sale” Bar

JD Supra Law

As I described in the first two parts of this series, there are a number of ways in which the “on sale” bar can cost the unwitting inventor dearly. Hence, lastly, I would like to highlight some of the exceptions that can be used to avoid the “on sale” bar if you find yourself in deep water.

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A Brief Primer On Using Web-Archived Evidence

IP Law 360

Because the temporal dimensions of web content — i.e., what appeared online, and when — are increasingly critical to all kinds of claims, attorneys should understand how web archives can be used to furnish key evidence, as well as strategies for admitting and authenticating such evidence in court, says Nicholas Taylor at the Los Alamos National Laboratory Research Library.

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Ford Finds Key to Reversing $105 Million Award in Trade Secret Case

JD Supra Law

In May 2023, the U.S. District Court for the Eastern District of Michigan overturned a jury verdict of nearly $105 million in a trade secret case. The court found that, because the plaintiff failed to provide sufficient evidence of damages, the jury’s finding of liability supported only a reduced, nominal award of $3.

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CCC Named a Stevie Award Winner for Customer Service Department of the Year in the 2023 American Business Awards

Velocity of Content

CCC was named a Bronze Stevie® Award winner for Customer Service Department of the Year in the 21st annual American Business Awards ®. The American Business Awards are the premier business awards program in the U.S. Nicknamed the “Stevies” for the Greek word meaning “crowned,” the competition receives over 12,000 entries each year from organizations in 70 countries.

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[Audio] The Lightbulb Podcast Series: Episode 2 - Safeguarding Intellectual Property in the Legalized Cannabis Industry

JD Supra Law

What options for intellectual property protection are available to companies operating in the cannabis sector, and how are they affected by marijuana’s status as a controlled substance at the federal level? Listen as Jon Lagarenne, an intellectual property partner at Fox Rothschild, and Josh Horn, Co-Chair of the firm's Cannabis Law Practice, explore the unique issues surrounding patents, trademarks, copyrights and trade secrets in this growing sector.

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What Goldsmith Means to AI Trainers

LexBlog IP

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether using copyrighted works to train artificial intelligence (AI) models would qualify as a fair use of those works under US copyright law.

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Can The Parody Defense Protect Against Trademark Infringement When The Use Is Commercial In Nature?

JD Supra Law

Not every unauthorized use of a trademark is infringing, one such example is when a mark is used as a parody. Generally, parody is an imitation of another done for comic relief or to ridicule.

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An Garda Síochána appointed as a competent authority under the EU Terrorist Content Online Regulation

LexBlog IP

On 1 June , Minister for Justice Simon Harris signed the European Union (Online Dissemination of Terrorist Content) (Designation of the Commissioner of the Garda Síochána as a Competent Authority) Regulations 2023 (the Regulations ) into law. The Regulations designate An Garda Síochána as: the Irish competent authority for issuing removal orders in accordance with Article 3 of the EU Terrorist Content Online Regulation 2021/784 (the TCO ); and the Irish contact point for clar

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TTAB Grants ARTNCRAFT Cancellation Petition: Respondent's Amazon Take-Down Notice Excused Petitioner's Subsequent Nonuse

The TTABlog

The Board granted a petition to cancel a registration for the mark ARTNCRAFT for, inter alia , ceramic knobs and pulls, finding confusion likely with petitioner's identical, prior-used common law mark for overlapping goods. Respondent claimed that petitioner abandoned his mark through nonuse for a period of three years, beginning in 2019. But the Board found the nonuse excusable because it resulted from respondent's Amazon take-down notice.