Plagiarism Today
MARCH 18, 2024
Andy Warhol foundation settles with Lynn Goldsmith, publishers answer appeal in Internet Archive case and Richard Liebowitz disbarred. The post 3 Count: Finally Over appeared first on Plagiarism Today.
Erik K Pelton
MARCH 18, 2024
The following is an edited transcript of my video Key Trademark Terminology. I find it fascinating when I’m in somebody else’s place of business and I’ll hear words that might have a meaning to me, but I know that they’re using them in a way that’s specific to their work and their industry. At the dentist office or at the auto shop, they’re using vocabulary terms to talk about their work that don’t resonate with me because I don’t know anything abo
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Plagiarism Today
MARCH 18, 2024
The National Science Foundation and the US National Institutes for Health are very different. But why is one seeing so much more plagiarism? The post The NSF vs. the NIH on Plagiarism appeared first on Plagiarism Today.
IP Law 360
MARCH 18, 2024
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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?
TorrentFreak
MARCH 18, 2024
In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library operates as a non-profit organization that scans physical books, which can then be loaned out in an ebook format. Patrons can also borrow books that are scanned and digitized in-house, with technical restrictions that prevent copying.
IP Watchdog
MARCH 18, 2024
The U.S. Supreme Court on Monday, March 18, denied a petition filed by patent owner Jodi A. Schwendimann asking the Court to review a decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) that affirmed a Patent Trial and Appeal Board (PTAB) determination that Schwendimann’s patents were obvious. The petition specifically asked the Court to review the CAFC’s holding that Schwendimann’s argument that “justification for selection of a primary reference is a necessary step to guard ag
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The Illusion of More
MARCH 18, 2024
Publishers File Brief in Response to Internet Archive Appeal On Friday, the publishers in Hachette, et al. v. Internet Archive filed their response brief opposing the archive’s appeal of its loss in district court. IA maintains that its practice of “Controlled Digital Lending” is not copyright infringement under the doctrine of fair use despite the […] The post Copyright News to Watch appeared first on The Illusion of More.
Nelligan Law
MARCH 18, 2024
Reading Time: 2 minutes In general, complicated cases involving several parties or complex legal issues will take longer to resolve than cases against only one defendant where liability is clear. The length of time will also depend on the willingness of both parties to settle a case and the availability of court dates for trial. There is a rule requiring plaintiffs to set their matters down for trial within five years of commencing an action against a defendant.
Michael Geist
MARCH 18, 2024
The federal government has struggled to update Canadian privacy laws over the past decade, leaving the Supreme Court as perhaps the leading source of privacy protection. In 2014, the court issued the Spencer decision , which affirmed a reasonable expectation of privacy in basic subscriber information and earlier this month it released the Bykovets decision , which extends the reasonable expectation of privacy to IP addresses.
JD Supra Law
MARCH 18, 2024
Financial Firms Complete Blockchain Pilot, UK Approves Crypto ETNs - A recent press release announced completion of the Canton Network pilot, “a first-of-its-kind program demonstrating the interoperability of twenty-two independent distributed ledger applications (dApps) in the capital markets domain.”.
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.
Patently-O
MARCH 18, 2024
The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cas
JD Supra Law
MARCH 18, 2024
The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6 million homes and businesses across the United States. Plaintiffs—Sony Music Entertainment and numerous other record companies and music publishers—own some of the most popular copyrighted musical works of our time.
Kluwer Copyright Blog
MARCH 18, 2024
Photo by Christian Wiediger from Unsplash Part I of this annual post reporting on the copyright case law of the German Bundesgerichtshof covered decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. IV. Copyright contract law (Sections 31 et seqq.
JD Supra Law
MARCH 18, 2024
Our firm recently conducted a survey that reveals conflicting views by companies regarding whether their outside counsel should use generative artificial intelligence. Originally published in Law360.
The TTABlog
MARCH 18, 2024
So far this year, the Board has affirmed more than 90% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal. Here are three more. How do you think they came out? [Results in first comment]. In re DMG Mori Co. , Serial No. 79317839 (March 5, 2024) [not precedential] (Opinion by Judge Mark A. Thurmon). [Mere descriptiveness refusal of GEAR PROFILER for "Metalworking machines and machine tools, and their structural parts" and for "Computers; downloadable and recorded computer sof
JD Supra Law
MARCH 18, 2024
This week, the Federal Trade Commission (FTC) and Department of Justice (DOJ) submitted a comment to the U.S. Copyright Office to advocate for renewed and expanded exemptions to the Digital Millenium Copyright Act (DCMA), which prohibits the circumvention of technology protection measures that control access to copyrighted content.
IP Law 360
MARCH 18, 2024
The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.
JD Supra Law
MARCH 18, 2024
2024 appears to be a year of change in the Australian Intellectual Property realm, with the adoption by IP Australia of the Madrid Goods and Services List and the introduction of the Intellectual Property Laws Amendment (Regulator Performance) Act 2023.
IP Watchdog
MARCH 18, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s petition for a writ of mandamus asking for a writ of mandamus to compel Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer its case to the Northern District of California.Carbyne Biometrics sued Apple for infringement of six patents via Apple’s “Secure Enclave” and Apple Cash platform features.
JD Supra Law
MARCH 18, 2024
Returning to Washington in May, ACI’s 16th Annual Practitioners’ Think Tank on ITC Litigation & Enforcement is your opportunity to learn from and network with key members of the ITC Bench, senior ITC Attorneys and leading In-House Counsel.
IP Law 360
MARCH 18, 2024
A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.
JD Supra Law
MARCH 18, 2024
Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings.
IP Law 360
MARCH 18, 2024
The Federal Circuit on Monday refused to undo a California judge's order letting Intel argue that it has a license to VLSI's microchip patents in cases with billions of dollars at stake, ruling that VLSI hadn't shown that the appeals court should step in.
JD Supra Law
MARCH 18, 2024
On March 13, 2024, Merck Sharp & Dohme, LLC (“Merck”) filed four additional IPRs challenging The Johns Hopkins University (“JHU”) patents covering methods of treatment using pembrolizumab, which Merck sells under the trade name Keytruda®.
IP Law 360
MARCH 18, 2024
A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.
JD Supra Law
MARCH 18, 2024
A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016 (DTSA), Plaintiff's sole basis for federal jurisdiction. JTH Tax LLC v. Cortorreal, 2024 WL 897605 (E.D. Va. Mar. 1, 2024).
IP Law 360
MARCH 18, 2024
The head of the U.S. Patent and Trademark Office has thrown out decisions from the Patent Trial and Trademark Board that found Assa Abloy was unable to show two biometric patents were unpatentable, saying the PTAB used a definition of a critical term that wasn't proposed by Assa Abloy or the patent owner.
JD Supra Law
MARCH 18, 2024
The Federal Circuit recently vacated a PTAB decision that claims of an “e-cigarette” patent were unpatentable for lack of written description under 35 U.S.C. § 112. The question on appeal was whether a claimed range was adequately supported by the disclosure of broader ranges. In this case, the answer was “yes.”.
IP Law 360
MARCH 18, 2024
The Federal Circuit on Monday denied an appeal from Apple Inc. of a decision denying its bid to move an infringement suit over authentication and fraud reduction patents from Texas federal court to California.
LexBlog IP
MARCH 18, 2024
Introduction: The liquidation of a company is a pivotal process governed by legal regulations in the UAE. Understanding the intricacies of liquidation proceedings is essential for stakeholders involved in company dissolution. Federal Decree-Law No. 32/2021 on Commercial Companies defines the framework for liquidating companies in the UAE, providing clarity on procedures, responsibilities, and liabilities.
IP Law 360
MARCH 18, 2024
Corteva has demanded a jury trial for the Federal Trade Commission's case in North Carolina federal court accusing Corteva and Syngenta of blocking competition from generic pesticides through rebate programs.
LexBlog IP
MARCH 18, 2024
AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in real time, records audio, captures slides, extracts action items, and generates content such as e-mails and status updates. While tools like Otter may provide quick answers or help synthesize a large volume of information, employers and employees alike should be mindful of th
IP Law 360
MARCH 18, 2024
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.
Likelihood of Confusion
MARCH 18, 2024
Counterfeit Chic has posted Knockoff News #45. Originally posted 2013-01-08 13:57:36. Republished by Blog Post Promoter The post Knock it off! appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
MARCH 18, 2024
Four book publishers urged the Second Circuit on Friday to uphold a lower court's finding that the Internet Archive infringed their copyrights with its free e-book lending program, saying the nonprofit distributes "bootleg ebooks from its website to anyone in the world.
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