Thu.Jun 15, 2023

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Why Twitter is Being Sued for $250 Million

Plagiarism Today

Music publishers filed a $250 million lawsuit against Twitter. But despite the large numbers, the case is actually fairly mundane. The post Why Twitter is Being Sued for $250 Million appeared first on Plagiarism Today.

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Former Megaupload Executives Sentenced to 2.5 Years in Prison

TorrentFreak

Faced with extradition to the United States to face copyright infringement, racketeering, and money laundering charges, last year Mathias Ortmann and Bram van der Kolk made a big decision. In May 2022, the former Megaupload executives revealed that they had signed a deal to avoid extradition and would be charged with crimes in New Zealand instead. One month later, the men pleaded guilty to a raft of crimes, safe in the knowledge that any sentence would be served in New Zealand, not in a U.S. pri

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3 Count: Mega Prison Sentence

Plagiarism Today

Twitter hit with massive lawsuit over music, Senate bill targets AI protections, and 2 Megaupload employees sentenced. The post 3 Count: Mega Prison Sentence appeared first on Plagiarism Today.

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Music Companies Sue Twitter Over Mass Copyright Infringement

TorrentFreak

Under U.S. law, online service providers need to respond to takedown notices and implement a meaningful policy to terminate the accounts of repeat infringers. Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. ‘Breeding Mass Copyright Infringement’ Universal Music, Sony Music, EMI and others filed a complaint at a federal court in Nashville, Tennessee, accusing Twit

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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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Federal Circuit Affirms PTAB Finding that Claims for Blood Pressure Treatment are Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and Trademark Office (USPTO) examiner’s finding that the claims of U.S. Patent Application 15/131,442 were obvious in view of the prior art. The patent application was filed by John Couvaras and covers a method of reducing high blood pressure.

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Significant Observations as the CCB Turns One

Copyright Alliance

A year has flown by since the launch of operations of the small-claims copyright tribunal, the Copyright Claims Board (CCB), by the U.S. Copyright Office on June 16, 2022. The […] The post Significant Observations as the CCB Turns One appeared first on Copyright Alliance.

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Foreign Internet Streaming Services Warn CRTC Its Bill C-11 Regulations May Lead to Blocked Content or Services in Canada

Michael Geist

The Bill C-11 process featured a marked divide on the implications for consumer choice. While Heritage Minister Pablo Rodriguez claimed it would lead to increased choice (a claim he re-iterated this week in Banff), critics of the bill argued that the opposite was true , namely that the bill would likely lead to fewer services entering the Canadian market or streamers reducing content choices.

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How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

JD Supra Law

The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will lead to liability. The Court’s decision mandates that courts look to the “specific use” of the copyrighted material at issue when evaluating fair use under the Copyright Act.

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SCOTUS Says Retrials are Appropriate Remedy in Improper Venue Cases

IP Watchdog

The U.S. Supreme Court today delivered a ruling that flows from a trade secrets theft case, holding that “the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district.” The underlying case involves a software engineer, Timothy Smith, who stole trade secrets from StrikeLines, a company that uses proprietary technology to identify private, artificial reefs that individuals construct to attract fish and then sells t

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Traditional Knowledge and Trade Secrets

IP and Legal Filings

Introduction In the forests of Kerala, certain members of the Kani tribe were knowledgeable about a magnificent healing herb known as Jeevani. In 1987, a team of scientists approached the tribe to know about the secret plant with healing properties. The Kathis, the custodian of the traditional knowledge was initially reluctant to tell them the name of the plant but the scientists were finally led to the plants.

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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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Bad Bunny Wants Out Of Lawsuit He Says Is Trying To Control Reggaetón

Copyright Lately

Can you copyright a rhythm? The world’s biggest pop star says no, and the future of the entire reggaetón industry may hang in the balance. Bad Bunny is hoping he’s hare today, gone tomorrow from a massive copyright infringement lawsuit that reads more like a list of nominees for the Latin Grammy Awards than a legal caption. Late today, the Puerto Rican rapper filed a motion (read here) asking to be dismissed from a consolidated complaint brought against more than 150 popular reggaetón arti

Music 83
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5 Important Questions About New UK Requirements for Overseas Entities in the UK

Cogency Global

What this is: A new Register of Entities mandates that foreign companies that possess land or property in the UK list their managing executives and/or beneficial owners. In order to provide greater transparency and to help prevent money laundering, the UK government has introduced a Register of Entities through the Economic Crime (Transparency and Enforcement) Act 2022 (ECTEA), that came into force on August 1, 2022.

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See and “D”

Likelihood of Confusion

The “D” as in “Defense.” The put-upon pun is on “C & D,” which is what we pros call a cease and desist letter. As I’ve noted before, sometimes a. The post See and “D” appeared first on LIKELIHOOD OF CONFUSION™.

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How to Craft a Powerful Business Plan for Artists to Generate More Sales

Art Law Journal

Developing a business plan for artists is not just about crunching numbers. It's about understanding your unique position as an artist and leveraging it to create a sustainable and successful art business.

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Recitation of a Previously Unappreciated Mechanism of Action Does Not Overcome Prima Facie Obviousness of Drug Combination

Patently-O

By Chris Holman In re Couvaras , 2023 WL 3984753 (Fed. Cir. June 14, 2023) A prima facie obvious combination of prior art chemical compounds can sometimes be deemed nonobvious if the result of the combination is sufficiently surprising, such as when a combination of pharmaceutical active ingredients results in an unexpected synergy. See, e.g., Sanofi-Aventis Deutschland GmbH v.

Art 75
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Prominent Kirkland Litigator Steps Away From Practicing Law

IP Law 360

Well-known Kirkland & Ellis LLP trial lawyer Jim Hurst has left the firm — and the practice of law altogether — following a more than 30-year career trying high-profile cases dealing with a range of matters including intellectual property, product liability and antitrust, Kirkland confirmed Thursday.

Law 75
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Is Judge Albright’s Role Reexpanding to Include the Austin Division?

IP Watchdog

In what may foreshadow upcoming changes to case allocations in the Western District of Texas, Judge Alan Albright of the Waco Division appears to have revived his former practice of retaining cases transferred from the Waco Division to the Austin Division following granted Section 1404 motions (i.e., convenience transfers). In his first years on the bench, Judge Albright habitually retained cases transferred out of Waco to the “sister” Austin Division on his personal docket.

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D&D Publisher's IP Dispute Paused Amid Bankruptcy Filing

IP Law 360

A Washington federal judge on Thursday put on hold a trademark battle between Dungeons & Dragons publisher Wizards of the West Coast and a rival game maker, which has recently filed for bankruptcy in a separate court.

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TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out?

The TTABlog

By my count, the TTAB has affirmed about 84% of the Section 2(d) refusals it has reviewed on appeal this year. How do you think these latest three appeals came out? Results will be found in the first comment. In re Nanjing Linkwifi Network Technology Co., Ltd. , Serial No. 79223580 (June 9, 2023) [not precedential] (Opinion by Deputy Chief Judge Mark A.

Art 67
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Lionsgate Will Face 'The Blackening' IP Suit In Calif., Not Ohio

IP Law 360

A copyright suit against Lionsgate and others that alleges upcoming horror film "The Blackening" rips off jokes and themes from the quiz game "Black Card Revoked" should be heard in California, an Ohio federal judge has ordered, finding the Buckeye State lacked jurisdiction.

IP 75
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SCOTUS Says Retrials are Appropriate Remedy in Improper Venue Cases

IP Watchdog

The U.S. Supreme Court today delivered a ruling that flows from a trade secrets theft case, holding that “the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district.” The underlying case involves a software engineer, Timothy Smith, who stole trade secrets from StrikeLines, a company that uses proprietary technology to identify private, artificial reefs that individuals construct to attract fish and then sells t

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Attorney Playbook For Women's College Sports Is Changing

IP Law 360

The record viewership of the NCAA Division I Women's Basketball national championship this year shows a tidal shift in the interest in women's sports, bringing new considerations, challenges and opportunities for counsel advising schools on attracting and serving students, and corporations on partnering with athletes, say attorneys at Squire Patton.

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Copyright case: El Hormiguero Case, Spain

Kluwer Copyright Blog

In the case at hand there was a conflict due to the use of a work of art in the famous Spanish television programme “El Hormiguero” without the corresponding authorisation of the author. The work was used in a humorous section of the programme in the context of the apartment of a dirty and untidy person. In several of the shots, the work appeared prominently, behind the characters.

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Sonos Seeks Injunction After Google's $32.5M Patent Loss

IP Law 360

Sonos Inc. urged a California federal judge Thursday to permanently block Google from selling consumer electronics at the center of a jury's more than $32 million infringement award, arguing that its eight-figure win from the smart speaker patent trial is "inadequate" compensation.

Patent 74
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Interoperability of Artificial Intelligence and Copyright Law Examined by Congress

JD Supra Law

Within the rapidly evolving artificial intelligence (“AI”) legal landscape (as explored in Proskauer’s “The Age of AI” Webinar series), there is an expectation that Congress may come together to draft some form of AI-related legislation. The focus is on how generative AI (“GenAI”) in the last six months or so has already created new legal, societal, and ethical questions.

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4th Circ. Rules Software Giant Didn't Steal Trade Secrets

IP Law 360

Software giant Synopsys secured a victory Thursday from the Fourth Circuit over a rival's trade secret claims after the court found the competitor hadn't established that secrecy made certain database information it owned worth anything.

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Federal Circuit Affirms PTAB Finding that Claims for Blood Pressure Treatment are Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and Trademark Office (USPTO) examiner’s finding that the claims of U.S. Patent Application 15/131,442 were obvious in view of the prior art. The patent application was filed by John Couvaras and covers a method of reducing high blood pressure.

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Prosecution Statements Rear Their Ugly Head

LexBlog IP

In Azurity Pharms., Inc. v. Alkem Labs. Ltd. , 2023 U.S. Dist. LEXIS 77839 (D. Del. May 4, 2023), the district court held that Azurity failed to show that Alkem’s ANDA infringed the asserted claims.

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Is Judge Albright’s Role Reexpanding to Include the Austin Division?

IP Watchdog

In what may foreshadow upcoming changes to case allocations in the Western District of Texas, Judge Alan Albright of the Waco Division appears to have revived his former practice of retaining cases transferred from the Waco Division to the Austin Division following granted Section 1404 motions (i.e., convenience transfers). In his first years on the bench, Judge Albright habitually retained cases transferred out of Waco to the “sister” Austin Division on his personal docket.

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Artist Copyright Dispute Tests The Limits of Banana Art

LexBlog IP

IPNews® – This week, a federal judge in Miami ruled that artwork featuring a banana duct taped to a wall does not infringe the copyright of a banana and orange duct taped to a wall. In a very bizarre case, the judge ruled that the idea of affixing fruit to a wall with duct tape cannot be protected by copyright. While this is true, if the works were similar enough the later may have been a copyright infringement.

Art 52
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Federal Circuit Affirms PTAB Finding that Claims for Blood Pressure Treatment are Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and Trademark Office (USPTO) examiner’s finding that the claims of U.S. Patent Application 15/131,442 were obvious in view of the prior art. The patent application was filed by John Couvaras and covers a method of reducing high blood pressure.

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New Non-Compete Health Care Restrictions in Connecticut

JD Supra Law

As various states and federal agencies seek to prohibit or limit the use of non-competes, Connecticut joined the trend. Connecticut’s new legislation, SB 9, expands restrictions on the enforceability of physician non-competes and extends these restrictions to advanced practice registered nurses (APRNs) and physician assistants (PAs).

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Is Judge Albright’s Role Reexpanding to Include the Austin Division?

IP Watchdog

In what may foreshadow upcoming changes to case allocations in the Western District of Texas, Judge Alan Albright of the Waco Division appears to have revived his former practice of retaining cases transferred from the Waco Division to the Austin Division following granted Section 1404 motions (i.e., convenience transfers). In his first years on the bench, Judge Albright habitually retained cases transferred out of Waco to the “sister” Austin Division on his personal docket.

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Obviously Prima Facie Case Overcome by Secondary Considerations

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board, holding that the Board did not err in finding certain challenged claims nonobvious and not unpatentable based on a showing of several objective criteria of nonobviousness and a nexus of the evidence to a commercial product embodying the claimed invention. Medtronic, Inc. v.

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Federal Circuit Affirms PTAB Finding that Claims for Blood Pressure Treatment are Obvious

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in a precedential decision Wednesday that the Patent Trial and Appeal Board (PTAB) was correct to affirm a United States Patent and Trademark Office (USPTO) examiner’s finding that the claims of U.S. Patent Application 15/131,442 were obvious in view of the prior art. The patent application was filed by John Couvaras and covers a method of reducing high blood pressure.