Mon.Apr 15, 2024

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Second Norwegian Minister Resigns Over Plagiarism Allegations

Plagiarism Today

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.

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Czech court finds that AI tool DALL-E cannot be the author of a copyright work

The IPKat

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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3 Count: Open Source Woes

Plagiarism Today

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.

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Thaler, Copyright Office Fight Over Human-Authorship Requirement for AI-Created Artwork Continues

IP Watchdog

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.

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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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Pirate Site FMovies Rivals Major Streaming Platforms in U.S. Web Traffic

TorrentFreak

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.

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Patent Poetry: Federal Circuit Affirms Blockchain Gem Patent Is Invalid

JD Supra Law

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.”.

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Open Source AI – definition and selected legal challenges

Kluwer Copyright Blog

“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.

Licensing 103
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Hytera Still Not Doing All It Can To Stop Fine, Motorola Says

IP Law 360

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.

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The Law Bytes Podcast, Episode 199: Boris Bytensky on the Criminal Code Reforms in the Online Harms Act

Michael Geist

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.

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Safe Harbors Part II - China's Safe Harbor Rules Lower the Barrier for Cross-Border Data Transfer

JD Supra Law

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.

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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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4th Circ. Affirms Timberland Boots' Trade Dress Bid Denial

IP Law 360

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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Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2024)

JD Supra Law

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.".

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Patentee’s Unclean Hands

Patently-O

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

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Warhols, Tigers and Monkees, Oh My! - The Tenth Circuit Applies the Supreme Court’s Warhol Decision Against Netflix

JD Supra Law

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?

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Never Too Late: If you missed the IPKat last week!

The IPKat

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.

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Hatch-Waxman 101

JD Supra Law

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.

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Photog Beefs Up Copyright Suit Over Barry Sanders Statue

IP Law 360

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.

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FTC and DOJ Recommend Renewing and Expanding “Right to Repair” Exemptions Under the Digital Millenium Copyright Act

JD Supra Law

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).

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Hold This COVID Vax Patent Case, Judge Recommends

IP Law 360

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.

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L’Oreal Gets Trade Secrets Case Out of its Hair When Judge Chops Case for Litigation Misconduct

JD Supra Law

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.

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TTAB Sides With Pharma Co.'s Opposition To 'SageForth' TM

IP Law 360

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.

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USPTO Proposes Making Director Review Process Official

IP Watchdog

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.

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Hospital's use of Meta's Pixel, despite promise to keep data private, plausibly deceptive

43(B)log

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.

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SpicyIP Weekly Review (8 April- 14 April)

SpicyIP

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.

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Use of competitor's photo in comparative ads caused no (c) damage, appeals court holds

43(B)log

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.

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[Webinar] Patent Inventorship: Best Practices for Determination and Correction - May 7th, 1:00 pm - 2:30 pm EDT

JD Supra Law

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.

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Vidal Wants To Make Her Director Review Rules Official

IP Law 360

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.

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Availability of Document on Government Website Insufficient for Institution

JD Supra Law

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.

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Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

IP Law 360

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.

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Maximum Damages for MaximImages?

BYU Copyright Blog

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).

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Judge Tosses 'Boilerplate' Infringement Suit Against OnStar

IP Law 360

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.

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At Princeton University Press, The Mission is “Our Compass”

Velocity of Content

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.

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Expert's Disney Trip Is No Reason To Delay Trial, Court Told

IP Law 360

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.

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Precedential No. 5: TTAB Finds SAGEFORTH Confusable With SAGE CENTRAL for Medical Information Services, Dismisses Section 18 Counterclaim Without Prejudice

The TTABlog

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

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Orrick Adds Kramer Levin Life Sciences Head In NY

IP Law 360

The former head of Kramer Levin Naftalis & Frankel LLP's life sciences practice has jumped to the intellectual property litigation team at Orrick Herrington & Sutcliffe LLP in New York, Orrick said Monday.