Plagiarism Today
APRIL 15, 2024
A second Norwegian minister has resigned and had her degree revoked following allegations of plagiarism. Here's why it's important. The post Second Norwegian Minister Resigns Over Plagiarism Allegations appeared first on Plagiarism Today.
The IPKat
APRIL 15, 2024
In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. Background The claimant in this case, which is anonymised in the Court's judgment, had asked the AI program DALL-E to create an image for the claimant's website.
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Plagiarism Today
APRIL 15, 2024
OpenTofu responds to allegations of copyright infringement, Apple removes Game Boy emulator, and Bulgarian authorities target piracy. The post 3 Count: Open Source Woes appeared first on Plagiarism Today.
IP Watchdog
APRIL 15, 2024
On April 10, Dr. Stephen Thaler filed a reply brief at the U.S. Court of Appeals for the D.C. Circuit, continuing the artificial intelligence (AI) technologist’s legal challenge to the U.S. Copyright Office’s refusal to register copyright to an artwork generated by Thaler’s Creativity Machine. The reply brief argues that there is no human authorship requirement under the U.S.
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?
JD Supra Law
APRIL 15, 2024
The Federal Circuit has affirmed a lower court’s decision finding the claims of a patent for preventing gemstone counterfeiting invalid. The case is Rady v. The Boston Consulting Group. Rady owns US Patent No. 10,469,250, directed to “a framework [for] record[ing] to a blockchain” the “unique identification[s] (signatures) of physical items which have unique, random properties.”.
TorrentFreak
APRIL 15, 2024
For a long time, pirate site blocking was regarded as a topic most U.S. politicians would rather avoid. That’s no longer the case… In recent years calls for a U.S. site-blocking regime have started to flare up. Last week, MPA CEO Charles Rivkin used his keynote speech at CinemaCon to double down on this demand, urging U.S. lawmakers to seriously consider site blocking, now that it’s proven to work in dozens of other countries.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
APRIL 15, 2024
The Online Harms Act – otherwise known as Bill C-63 – is really at least three bills in one. The Law Bytes podcast tackled the Internet platform portion of the bill last month in an episode with Vivek Krishnamurthy and then last week Professor Richard Moon joined to talk about the return of Section 13 of the Canada Human Rights Act. Part three may the most controversial: the inclusion of Criminal Code changes that have left even supporters of the bill uncomfortable.
IP Law 360
APRIL 15, 2024
Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.
JD Supra Law
APRIL 15, 2024
In Part I of our alert about China’s new safe harbor rules, we discussed key developments between the draft Provisions on Regulating and Facilitating Cross-Border Data Flow (Chinese version only) and the Provisions on Facilitating and Regulating Cross-border Data Flow (the Provisions, Chinese version only). In this alert, we will compare the Provisions and China’s three existing routes for a cross-border data transfer.
IP Law 360
APRIL 15, 2024
The Fourth Circuit decided Monday that a Virginia federal judge correctly denied trade dress registration for Timberland's Icon Boot, saying in a published opinion the lower court did not err in concluding the design elements the company wanted to register were ineligible because they had not acquired distinctive meaning in consumers' minds.
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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.
JD Supra Law
APRIL 15, 2024
In its recent decision in Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. the Federal Circuit reminds us that most verities in patent law are not eternal and frequently subject to case-by-case interpretation, in this case the purported verity being that reciting the indefinite article ("a") in a patent claim is construed to mean "one or more.".
Patently-O
APRIL 15, 2024
by Dennis Crouch The Federal Circuit’s new decision in Luv’N’Care, Ltd. (LNC) v. Laurain and EZPZ , relies on the doctrine of unclean hands to deny relief to the patentee (Laurain and EZPZ), affirming the district court’s judgment. The appellate panel also vacated and remanded the district court’s finding that LNC failed to prove the asserted patent is unenforceable due to inequitable conduct during prosecution, as well as its grant of summary judgment one of the a
JD Supra Law
APRIL 15, 2024
In a mashup that the late pop artist Andy Warhol surely would have loved, the U.S. Court of Appeals for the Tenth Circuit has applied the Supreme Court’s 2023 decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith to vacate a prior district court decision on the issue of fair use, and to remand the case for further fact-finding. Does the decision settle the defense of fair use in that case?
The IPKat
APRIL 15, 2024
If you were flat-out last week and didn't have time to follow the IP news , here's the summary of what you missed. Intellectual Property Generally A Kat that has been flat out. Image from Pixabay. This Kat reviewed the new book, The Elgar Companion to Intellectual Property and the Sustainable Development Goals , edited by Bita Amani , Caroline B. Ncube and Matthew Rimmer.
JD Supra Law
APRIL 15, 2024
Pharmaceutical patents have proven to be a highly effective incentive for groundbreaking innovation. However, corresponding drug prices have long been an animating issue in American law and policy.
IP Law 360
APRIL 15, 2024
A photographer has added several new claims, including breach of contract, to his copyright lawsuit that accuses the Detroit Lions, the NFL and a host of other defendants of unlawfully using his photo to create a statue of legendary running back Barry Sanders.
JD Supra Law
APRIL 15, 2024
The U.S. Copyright Office is considering whether to recommend renewing or expanding current exemptions under the Digital Millenium Copyright Act (DMCA), and the Federal Trade Commission and the Department of Justice’s Antitrust Division have submitted a comment regarding proposed renewal and expansion of the prohibition on circumvention of “technological protection measures” (TPMs).
IP Law 360
APRIL 15, 2024
One of the suits over Pfizer's blockbuster COVID-19 vaccine hit a snag in Virginia federal court Friday when a judge recommended pausing the case to wait for a ruling in a related dispute over patent ownership involving one of BioNTech's other partners.
JD Supra Law
APRIL 15, 2024
Metricolor LLC v. L’Oreal USA, Inc., 18-cv-00364 (C.D. Cal. March 29, 2024) - This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating sanctions. The litigation centers around L’Oreal’s alleged misappropriation of Metricolor’s trade secret, which is a first-generation system for storing, formulating, and dispensing hair coloring agents and additives.
IP Law 360
APRIL 15, 2024
The Trademark Trial and Appeal Board has ruled in favor of biopharmaceutical company Sage Therapeutics Inc.' opposition to a psychological service provider's attempt to register "SageForth" as a trademark, saying the name is likely to cause confusion with Sage Therapeutics' treatments for postpartum depression.
JD Supra Law
APRIL 15, 2024
Distinguishing Between Inventor and Contributor; Navigating Joint Inventorship, Disclosure of Ownership, Real Party in Interest - A live 90-minute premium CLE video webinar with interactive Q&A - This CLE course will guide patent counsel in identifying and determining inventorship and offer best practices for correcting errors regarding inventorship.
IP Watchdog
APRIL 15, 2024
The U.S. Patent and Trademark Office (USPTO) announced today that it will be publishing a Notice of Proposed Rulemaking (NPRM) tomorrow aimed at formalizing the rules governing Director Review of Patent Trial and Appeal Board (PTAB) decisions under the America Invents Act (AIA). In July 2021, the USPTO announced that it would be implementing an interim rule at the agency in response to the U.S.
JD Supra Law
APRIL 15, 2024
In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. Here, the PTAB held that the petitioner failed to show that one of its prior art references, a copy of a standard rates schedule governing the sale of electricity in Virginia (the “APC-Tariff” reference”), qualified as a printed publication.
43(B)log
APRIL 15, 2024
Mekhail v. North Memorial Health Care, F.Supp.3d - , 2024 WL 1332260, No. 23-CV-00440 (KMM/TNL) (D. Minn. Mar. 28, 2024) Mekhail alleged that North’s use of a piece of hidden software on its websites (a pixel developed by Meta) surreptitiously tracked, collected, and monetized various aspects of her online activity, including sensitive medical information protected by law.
SpicyIP
APRIL 15, 2024
Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know.
43(B)log
APRIL 15, 2024
I Dig Texas, LLC v. Creager, F.4th -, 2024 WL 1590590, No. 23-5046 (10th Cir. Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use ; the court of appeals affirms on the alternative ground that no copyright damages can be traced to the use of the photos, holding that a plaintiff seeking defendant’s profits must show a nexus between the use of the copyrighted works and the profits.
Kluwer Copyright Blog
APRIL 15, 2024
“Artificial intelligence architecture” by Wendelin Jacober is marked with CC0 1.0. In the generative AI era, there is a proliferation of open source claims ( i.e. operators that claim to release AI models sufficiently open to be part of the open source or open innovation movement, as opposed to closed-source model), such as open source and open access foundation models (e.g.
IP Law 360
APRIL 15, 2024
After almost a year of running U.S. Supreme Court-mandated director reviews of patent board decisions through an interim process, the U.S. Patent and Trademark Office said Monday that it has landed on some proposed rules for how it wants to officially run those.
BYU Copyright Blog
APRIL 15, 2024
Maximum Damages for MaximImages? April 15, 09:04 AM April 15, 09:04 AM In April 2024, a new copyright infringement case was initiated in the U.S. District Court for the District of New Jersey. Plaintiff Alex Vladimir Maxim (Maxim), a Canadian professional photographer who conducts his business online by selling his artistic photographs on a website named MaximImages, filed a lawsuit against Rutgers, the State University of New Jersey (Rutgers), alleging violations of 17 U.S.C 106(1).
IP Law 360
APRIL 15, 2024
Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.
Velocity of Content
APRIL 15, 2024
As a species in publishing, the university press is the long-lived progeny of hybridization – the academic paired with the popular. The world’s first university press at Cambridge University in the UK opened in 1534 and remains a thriving operation as it approaches its sixth century. Examples of the scholarly and the successful abound among university press catalogs.
IP Law 360
APRIL 15, 2024
OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.
The TTABlog
APRIL 15, 2024
The Board sustained this straightforward Section 2(d) opposition to registration of the mark SAGEFORTH for "providing information in the field of psychological counseling, assessments, diagnosis, and treatment," in view of the registered mark SAGE CENTRAL for "providing health and medical information about postpartum depression and treatment." The only somewhat interesting part of the decision concerned the Board's dismissal (without prejudice) of applicant's counterclaim to restrict four additi
IP Law 360
APRIL 15, 2024
A technical expert's $14,000 vacation to Disney World isn't the kind of circumstance that ought to delay a patent trial in which he's due to appear in on behalf of a Taiwanese laptop maker, a federal court in Waco, Texas, was told.
The Trichordist
APRIL 15, 2024
SAG-AFTRA and labels reach a new deal with AI protections.
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