Mon.May 22, 2023

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Professor Falsely Students of ChatGPT Plagiarism

Plagiarism Today

A Texas A&M University-Commerce professor falsely accused many of his students of AI plagiarism. Here's what happened and why. The post Professor Falsely Students of ChatGPT Plagiarism appeared first on Plagiarism Today.

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SCOTUS: “The More a Party Claims for Itself the More it Must Enable”

Intellectual Property Law Blog

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al. , No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.

Invention 246
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3 Count: Feeling Blue

Plagiarism Today

Cloudflare hit with DMCA subpoena, ACE takes down Spain's largest pirate site and Twitter's new video limit becomes a haven for pirates. The post 3 Count: Feeling Blue appeared first on Plagiarism Today.

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‘More Than 600,000 Students and Teachers Use Z-Library’

TorrentFreak

Z-Library has become the go-to site for many readers in recent years by providing access to millions of books, without charging a penny. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators were arrested as part of a criminal investigation.

Reporting 138
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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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Reactions to Amgen: Hard Work Ahead for Biotech Innovators and Attorneys Trying to Enable Genus Claims

IP Watchdog

As most in the IP world know by now, the U.S. Supreme Court issued its ruling in Amgen v. Sanofi on Thursday, holding that the U.S. Court of Appeals for the Federal Circuit (CAFC) was correct in finding that Amgen’s patents for its popular cholesterol drug failed to meet the enablement requirement. IP practitioners diverge on the degree to which the decision will change patent practice in the biotech industry going forward, with some claiming the Court merely reiterated the existing law on enabl

IP 120
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Certified Anti-Piracy Coach Helps Piracy Addicts Go Legal

TorrentFreak

The insidious nature of a developing addiction often takes people by surprise, regardless of the substance involved, but especially when it’s freely available, all over the internet. While an occasional copy-and-paste is known to alleviate boredom, peer pressure at a vulnerable moment can lead to a whole file or even an entire folder being permanently copied to a USB stick.

Cinema 125

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The Supreme Court Invalidates Functional Genus Claims

JD Supra Law

In a unanimous opinion in Amgen Inc. v. Sanofi, the Supreme Court held that two functional genus patent claims were not enabled under 35 U.S.C. § 112(a).1 In doing so, it affirmed both the Federal Circuit’s previous decision and that court’s well-established practice of almost always invalidating genus claims for lack of enablement.

Patent 98
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Generative AI Services in China: Public Consultation on the Regulation for Generative Artificial Intelligence Services

Kluwer Copyright Blog

Image by Gordon Johnson via Pixabay The booming industry of generative artificial intelligence (AI) is facing its first regulatory attempt in China. On April 11th, the Cyberspace Administration of China released a draft of the Regulation for Generative Artificial Intelligence Services (the ‘draft Regulation’) for public consultation, which includes 21 articles detailing the proposed regulatory framework for the generative AI industry.

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Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough

JD Supra Law

On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The 7-2 opinion came in a case involving Andy Warhol’s transformation of a photograph of Prince. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith The Supreme Court has spoken, and if content is king, then purpose is. Princely? In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefor

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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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The Supreme Court’s ?Decision on ?Enablement in Amgen v. Sanofi

JD Supra Law

Justice Gorsuch authored a unanimous opinion arching back to precedent from the 1800s and upholding the Federal ‎Circuit’s and district court’s determinations that Amgen’s patent claims are invalid for lack of ‎enablement.‎ The Court determined that Amgen claimed an entire genus of antibodies, seeking “to monopolize an entire class of things defined by their function” while only ‎offering “persons skilled in the art little more than advice to engage in ‘trial and error.’”‎.

Art 97
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Forward, INTA the past!

Likelihood of Confusion

The International Trademark Association, or INTA (which calls itself “the I-N-T-A” on INTA TV… interesting branding choice there) is important. Most of the people and institutions involved in brands and. The post Forward, INTA the past! appeared first on LIKELIHOOD OF CONFUSION™.

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[Guest post] What if AI wrote this post? – An inquiry into the impact of AI on the creative industries

The IPKat

This post is brought to you by Oprah Nwobike , who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat's Dr Hayleigh Bosher. Impact of AI in the creative industries How would you feel if you found out this blogpost was written by AI? This has become a lingering question in the minds of consumers of online content.

Music 80
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Ted Davis Outline: "Recent Developments in United States Trademark and Unfair Competition Law"

The TTABlog

Thank you, Ted Davis, for permitting me to post a link ( here ) to your article, "Recent Developments in United States Trademark and Unfair Competition Law." This article is a companion to the Ted's presentation at the 2023 Annual Meeting of INTA in Singapore. Read comments and post your comment here.

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High Court's Ethics Statement Places Justices Above The Law

IP Law 360

The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project On Government Oversight.

Law 75
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Never Too Late: If you missed the IPKat last week

The IPKat

Here is what you missed from the IPKat last week. Patents Image by Pixabay via Pexels Hayleigh Bosher reported on the UK IPO latest update on its new patent service that, in the next 12 months, will dramatically transform the process of applying for a patent. Anna Maria Stein reported the news that Milan will be the third seat of the Central Division, after the decision of the Presidium of the Unified Patent Court to assign the first two to Paris and Munich.

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Warhol Decision May Lead To Copyright Licensing Spike

IP Law 360

The U.S. Supreme Court's recent Andy Warhol Foundation v. Goldsmith opinion, which focused on the commercial use of "Orange Prince" rather than Warhol's artistic process, will likely lead to more copyright licensing — a small token to pay for the assurance of broad commercialization rights, say Jonathon Hance and Drew Taggart at Bracewell.

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Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue

43(B)log

McKay v. Sazerac Co., 23-cv-00522-EMC (N.D. Cal. May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles of Fireball malt beverages, which look almost the same as Fireball Whisky. image from complaint Fireball Malt back Did you know that Fireball Whisky has been sold since 1989 and is the fifth best-selling spirit in the United States?

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Showtime's 'Penny Dreadful' Stole Online Character, Suit Says

IP Law 360

A writer is suing Showtime and the makers of the show "Penny Dreadful" in California federal court, accusing them of ripping off her Victorian protagonist and other characters from posts she made in the online role-playing community forum "Murders & Roses: Victorian London Crimes & Scandals.

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court: there's no right to jury trial when seeking only injunction/disgorgement in false advertising case

43(B)log

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Fla. May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. I presume that the defendants think that a jury might be more sympathetic to their unclean hands-type arguments, and they also argued they'd wasted a bunch o

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Copyright Group Backs RIAA In 2nd Circ. Music Scraping Row

IP Law 360

An alliance of more than 2 million copyright holders has thrown its support behind the Recording Industry Association of America in its Second Circuit feud with a website that allows users to download music from YouTube, arguing that the "stream-ripping service" is a threat to registered copyright holders and is prohibited by federal copyright law.

Music 75
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This Week in Washington IP: Government Funding of Decarbonization, the State of Black-owned Businesses, and U.S. Tech Diplomacy

IP Watchdog

This week in Washington IP news, Congress is having a relatively quiet week, but the House will further discuss the impact of Pharmacy Benefit Managers on patients and the pharmaceutical industry. Elsewhere the U.S. Patent and Trademark Office (USPTO) is holding an event offering guidance on how women entrepreneurs can seek startup capital.

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PTAB To Review Google Patents Amid IP Fights With Sonos

IP Law 360

As jurors in San Francisco began deliberating in Sonos Inc.'s high-profile lawsuit against Google, the tech giant faced a ruling from the Patent Trial and Appeal Board that will force it to defend patents that are being challenged by Sonos amid the companies' legal war.

Patent 75
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Supreme Court Focuses Scope of Patent Enablement - What Patent Owners Need to Know

JD Supra Law

A closely watched and hotly debated life sciences patent dispute saw the U.S. Supreme Court affirm a narrow interpretation of patent enablement when filing for patent protection.

Patent 55
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Drywall Co. Can't 'Backdoor' Purple TM Rights, Jury Hears

IP Law 360

A company that sells shower building materials urged an Illinois federal jury Monday to reject accusations that several of its products infringe a major drywall manufacturer's trademark on the word and color purple, arguing the manufacturer is simply trying to "backdoor" into rights it never protected.

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Prince Pop Art Not a Fair Use: SCOTUS Rules Against Warhol

JD Supra Law

Dawn Jackson is a co-author of this post and is a Summer Associate at Bradley. The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016.

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Jewelry Co. Opposes Rival's $306K Fee Bid In Copyright Suit

IP Law 360

An online jewelry retailer who filed an unsuccessful copyright suit against a rival urged a New York federal magistrate judge to deny the rival's request for more than $306,000 in attorney fees, saying the fee would unfairly deter it from filing future copyright claims.

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Food & Beverage Litigation and Regulatory Update - May 2023 #3

JD Supra Law

LEGISLATION, REGULATIONS & STANDARDS California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium dioxide, in food products manufactured, sold or distributed in the state. By: Shook, Hardy & Bacon L.L.P.

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PTAB Hands Epic A Loss But Splits On 'Extrinsic' Evidence

IP Law 360

The Patent Trial and Appeal Board has rejected Epic Games' attempt to knock out patents that its blockbuster Fortnite video game was accused of infringing, with a dissenting judge accusing his colleagues of giving "too much weight to the extrinsic evidence," namely the dictionary definition of the word "portal.

Patent 72
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A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

JD Supra Law

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around artistic creations of Andy Warhol and Lynn Goldsmith.

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Amneal Launches FYLNETRA (pegfilgrastim-pbbk) in the United States

LexBlog IP

Last week, Amneal announced the launch of FYLNETRA (pegfilgrastim-pbbk), a biosimilar to Amgen’s NEULASTA, in the United States. According to the press release, FYLNETRA—Amneal’s third biosimilar launch in the United States since late last year—is used to treat neutropenia (low neutrophils, a type of white blood cell that fights infection) which is commonly experienced by patients undergoing chemotherapy.

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Amgen v. Sanofi

JD Supra Law

On May 18, the Supreme Court sided with Sanofi in Amgen v. Sanofi, 598 U.S. _ (2023), a dispute concerning broad functional genus claims for antibodies. The ruling affirmed the Federal Circuit’s reading of the Patent Act’s “enablement” requirement, a requirement that states that a patent must enable someone who is reasonably skilled in the art to use or make the patented invention without undue experimentation.

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SCOTUS: “The More a Party Claims for Itself the More it Must Enable”

LexBlog IP

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al. , No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.

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Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

JD Supra Law

For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, the Supreme Court issued a 7-2 decision and held that Andy Warhol’s Prince series containing silkscreen renditions of preexisting photographs was not “transformative” under the first fair use factor.

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SCOTUS Holds Warhol’s “Prince Series” Is Not Fair Use

LexBlog IP

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith. This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protecte