Hugh Stephens Blog

JULY 17, 2023

When does “compromising” to find a solution that works for both parties become synonymous with “caving” (in)? Only when you take a perverse delight (one might even call it schadenfreude) in gloating, “I told you so”, when the Canadian government’s policy initiative (C-18, the Online News Act) runs into opposition from the giant internet platforms … Continue reading "Bill C-18 (The Online News Act): Does Flexibility and Dialogue Represent “Compromising” or “Caving”?

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Plagiarism Today

JULY 17, 2023

Last week, the fashion bran Shein was hit with a copyright and trademark lawsuit. However, the case also alleges racketeering. Why? The post Racketeering and Copyright: Understanding the Shein Lawsuit appeared first on Plagiarism Today.

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Copyright Plagiarism Trademark 214

IP Intelligence

JULY 17, 2023

It was only a matter of time before the Federal Trade Commission (FTC) initiated a law enforcement investigation focusing on artificial intelligence (AI). It is not an exaggeration to say that the FTC has been hinting at, and sometimes outright foreshadowing, such actions for years. The frequency of these communications has only increased over the past few months as generative AI technology dominated headlines.

Due Diligence 98

Due Diligence Technology Privacy Advertising 98

Plagiarism Today

JULY 17, 2023

Alleged Z-Library operators fight extradition, Daily Mail prepares for AI lawsuit and Access Copyright to severely downscale operations. The post 3 Count: Z-Library Ex-tradition appeared first on Plagiarism Today.

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Plagiarism Copyright 155

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

JD Supra Law

JULY 17, 2023

ChatGPT has been making headlines lately. The lawyer who obtained fake judicial holdings from ChatGTP and then cited them in his brief to the court is the most recent example.

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SpicyIP

JULY 17, 2023

[ This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. ] Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

TorrentFreak

JULY 17, 2023

To the global audience Ulož.to may not be well-known internationally but in the Czech Republic, it is huge. The file-sharing and hosting service has millions of users and is listed as the 51st most-visited website in the country. In addition, its mobile apps are frequently used as well. Like many other file storage platforms, Ulož can be used to share a wide variety of files.

Copyright 85

Copyright Copyright Infringement Music Technology 85

IP Law 360

JULY 17, 2023

The Seventh Circuit won't reduce a $140 million punitive damages award health care software provider Epic Systems Corp. won against units of Indian superconglomerate Tata Group in a trade secrets case.

IP 75

IP 75

TorrentFreak

JULY 17, 2023

In February 2022, U.S. broadcaster DISH Network filed a $32.5m lawsuit against DataCamp, claiming that the UK-based CDN company failed to take action against copyright-infringing customers. The complaint, filed in an Illinois district court, alleged that pirate IPTV services Banjo TV, Bollywood IPTV, Comstar TV, Express IPTV, Gennie TV, Gold TV, IPGuys, Istar, Red IPTV, Sky IPTV, and Zumm TV, were all customers of DataCamp.

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Settlement Copyright Infringement Copying IP 69

Copyright Lately

JULY 17, 2023

The server test is alive and well—at least in the Ninth Circuit—and shields the embedding of social media posts from copyright infringement liability. In a published opinion (read here) , the Ninth Circuit Court of Appeals today affirmed the dismissal of a closely-watched class action lawsuit alleging that Instagram induced and contributed to “widespread copyright infringement” by allowing third parties to embed photos from public Instagram feeds onto their own websites.

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Social Media Copyright Infringement Copyright Copying 69

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

IP Law 360

JULY 17, 2023

The Ninth Circuit on Monday paused an order in Epic Games' favor that found Apple's anti-steering provisions in its app store violate antitrust laws to await the outcome of Apple's petition to the U.S. Supreme Court, but one judge slammed Apple's arguments, saying they "cannot withstand even the slightest scrutiny.

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Law 74

WIPO Magazine

JULY 17, 2023

Finding solutions to bridge the funding gap facing many IP-rich companies has become a global priority. Find out how the Development Bank of Canada (BDC) and others are addressing the issue.

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IP 52

IP Law 360

JULY 17, 2023

A New York federal judge has narrowed two book publishers' proposed class action against e-book company Audible over allegedly withheld royalties on books that had been exchanged, cutting some claims since the authors' contracts specified that they wouldn't receive royalty payments on returned items.

Contracts 73

Contracts Publishing 73

WIPO Magazine

JULY 17, 2023

Finding solutions to bridge the funding gap facing many IP-rich companies has become a global priority. Find out how the Development Bank of Canada (BDC) and others are addressing the issue.

IP 52

IP 52

IP Law 360

JULY 17, 2023

The Ninth Circuit ruled Monday that the practice of embedding Instagram posts doesn't infringe copyright protections because the owners of the original posts still have the power to edit them, refusing to budge on what a pair of litigating photographers called an outdated legal precedent.

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Fair Use Editing Litigation Copyright 72

IP Intelligence

JULY 17, 2023

It was only a matter of time before the Federal Trade Commission (FTC) initiated a law enforcement investigation focusing on artificial intelligence (AI). It is not an exaggeration to say that the FTC has been hinting at, and sometimes outright foreshadowing, such actions for years. The frequency of these communications has only increased over the past few months as generative AI technology dominated headlines.

Due Diligence 52

Due Diligence Technology Privacy Advertising 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. % These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

The IPKat

JULY 17, 2023

The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Here’s what Alessandro writes: Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works by Alessandro Cerri In a recent judgment , the Supreme Court of the United States (the Court) held that the lower court had erred in finding that a dog toy which parodied Jack Daniel’s whiskey bottle was protected b

Fair Use 52

Fair Use Trademark Designs Design 52

LexBlog IP

JULY 17, 2023

It was only a matter of time before the Federal Trade Commission (FTC) initiated a law enforcement investigation focusing on artificial intelligence (AI). It is not an exaggeration to say that the FTC has been hinting at, and sometimes outright foreshadowing, such actions for years. The frequency of these communications has only increased over the past few months as generative AI technology dominated headlines.

Due Diligence 52

Due Diligence Technology Privacy Advertising 52

IP Watchdog

JULY 17, 2023

This week in Washington IP news, the House Judiciary’s Subcommittee on IP tackles the thorny issue of whether technological protective measures for copyrighted software should be reined in to protect Americans’ right to repair their own vehicles and devices. On Wednesday, the Senate Small Business Committee will explore a couple of bills related to the Small Business Administration’s grant programs for innovative tech developers.

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IP Business Technology Copyright 52

LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles. How can this be considered an original artwork and who is the author?

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Intellectual Property Art Artwork Moral Rights 52

IP Law 360

JULY 17, 2023

A philanthropy associated with Kansas State University doesn't have coverage for a lawsuit accusing it of stealing a man's idea relating to economic development, an insurer told a Kansas federal court, saying the underlying suit does not fall within the scope of the policy's coverage.

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IP 52

LexBlog IP

JULY 17, 2023

The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced on June 22, 2023, with the aim to reform the U.S. Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. The drafters have identified three key goals of the PREVAIL Act: [1] Restore fairness to the PTAB to promote innovation and competitiveness.

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Patent Litigation Business Patent Infringement 52

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. % These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

JD Supra Law

JULY 17, 2023

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52

Patent Designs Design 52

Likelihood of Confusion

JULY 17, 2023

Let’s get apolitically political here (via Instapundit, Mr. Diversity himself): An informal national coalition of Internet pioneers and users with widely divergent political views will issue a letter Friday morning. The post A back seat for copyright appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Copyright Law Law 52

JD Supra Law

JULY 17, 2023

On June 29, the United States Supreme Court issued its highly anticipated decision regarding the foreign reach of the Lanham Act, the federal statute that prohibits trademark infringement. The decision confirms the territorial nature of trademarks, and as a result, significantly underscores the importance of securing foreign trademark registrations where trademarks are being used abroad.

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Registration Trademark 52

LexBlog IP

JULY 17, 2023

The 2024 Medicare Physician Fee Schedule proposes a 3.34% decrease in the 2024 PFS conversion factor. It’s currently $33.89 and is proposed to be reduced to $32.75. CMS is also proposing the following: An additional add-on code (G2211) to existing evaluation and management visits for complex patients to better recognize the resource costs A delay in the implementation of the “substantive portion” definitions for shared evaluation and management visits Additional telehealth serv

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Intellectual Property 52

JD Supra Law

JULY 17, 2023

​​​​​​​Yesterday, Genentech, Inc., Hoffmann-LaRoche, Inc., and Chugai Pharmaceutical Co., Ltd. (“Genentech”) filed BPCIA litigation against Biogen MA Inc. and Bio-Thera Solutions, Ltd. in the District of Massachusetts. In its Complaint, Genentech asserts that Biogen is seeking FDA approval “to commercialize ‘BIIB800,’ a proposed biosimilar to Genentech’s drug Actemra® (tocilizumab).”.

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Litigation 52

IP Watchdog

JULY 17, 2023

On July 14, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in SNIPR Technologies Limited v. Rockefeller University reversing a decision by the Patent Trial and Appeal Board (PTAB) that invalidated all claims from five SNIPR patents. In reversing, the Federal Circuit found that the PTAB erroneously subjected SNIPR’s patents to interference proceedings that Congress meant to eliminate when it enacted the America Invents Act (AIA) of 2011.

Patent 52

Patent Invention Technology Litigation 52

JD Supra Law

JULY 17, 2023

One of the wonderful (as in, it makes one wonder) and frustrating (which needs no explanation) aspects of patent law is that just when you think a question is settled it either isn't or the conventional interpretation is called into question. The Federal Circuit was created to minimize such instances, and while its track record in this regard has been a little spotty since the Supreme Court began reversing its decisions over a decade ago, the Court got it right in SNIPR Technologies Ltd. v.

Technology 52

Technology Patent Law Law Patent 52

Herbert Smith Freehills

JULY 17, 2023

a consortium of energy companies a consortium of energy companies on contractor claims arising from productivity issues, disputed variation orders and related matters arising at an oil and gas megaproject in the Republic' Location: Kazakhstan Group Client Name: a consortium of energy companies

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JD Supra Law

JULY 17, 2023

Some chemical innovators have found the recent Supreme Court decision in Amgen v. Sanofi to suggest that chemical inventions will be subject to new and draconian disclosure standards going forward. A few have even suggested that it puts all chemical patents at a heightened risk of invalidation. To the contrary, Amgen changes little to nothing in patenting most chemical inventions.

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Invention Patent 52

Velocity of Content

JULY 17, 2023

In a historic building in the city center of Kyiv, the fortification is formidable. Built in 1798, the Mystetskyi Arsenal was designed as a cannon factory, with yellow brick walls that are six feet thick. The arsenal became a museum and culture center 20 years ago. Yet in the aftermath of the 2022 Russian invasion, it stands as a symbolic citadel for Ukraine.

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Publishing Designs Design Copyright 52

JD Supra Law

JULY 17, 2023

U.S. businesses selling abroad cannot enforce domestic trademarks against foreign entities selling infringing goods into the United States through strawmen, according to a recent ruling by the U.S. Supreme Court in Abitron. In the Abitron case, European distributors of Hetronic’s (a U.S. company) products unilaterally appropriated all of Hetronic’s intellectual property including its trademarks, reverse engineered….

Business 52

Business Trademark Registration Intellectual Property 52