Mon.Aug 07, 2023

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3 Count: Psychic Lawsuit

Plagiarism Today

Bella Hadid sued over Instagram post, Kenyan musician wins 9-year legal battle with phone company and psychic startup faces copyright lawsuit. The post 3 Count: Psychic Lawsuit appeared first on Plagiarism Today.

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SpicyIP Weekly Review (July 31- August 6)

SpicyIP

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims.

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New Plagiarism Allegations Rock Crypto Community

Plagiarism Today

There's a new plagiarism scandal in the crypto world over accusations of code theft. However, there is more to the story than the headlines. The post New Plagiarism Allegations Rock Crypto Community appeared first on Plagiarism Today.

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CAFC Says PTAB Must Consider Petitioner’s Arguments Under New Claim Construction Presented Post-Institution

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) held in a precedential decision today that an inter partes review (IPR) petitioner must be given the opportunity to present evidence of anticipation or obviousness under a new claim construction when that construction is first proposed by a patent owner in its response following the institution decision.

Patent 98
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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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Challenging Racism in Scholarly Publishing

Velocity of Content

Three summers ago, the world seemed frozen – and convulsed – all at once. The coronavirus pandemic that began in March 2020 and the lockdown orders that followed restricted entire nations only to the most necessary activities. The murder of George Floyd by Minneapolis police officers in May sparked worldwide demonstrations against racism and brought the Black Lives Matter movement to home pages and front pages everywhere. 36 months later, the world has moved on.

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Related Party Transactions: Different Takes by the Companies Act, 2013 and the Indian Accounting Standards

IP and Legal Filings

Introduction It is a well-known fact that most of the businesses in India are family-owned and controlled by the family members themselves. This has been the old age practice, and continues to be growing over a period of time in the modified form assimilate in the new juncture of doing business. In order to curb that, the Companies Act evolved itself in relation to Related Party Transactions (hereinafter referred to as “RPT”) and cater indirect connection in the ambit of RPT.

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A Judge's Pitch To Revive The Jury Trial

IP Law 360

Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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Opinion: Why SEP owners have lost the FRAND debate

Managing IP

Patrick Van de Wille, former chief communications officer at InterDigital, argues that SEP owners have turned to needless complexity to try to maintain an untenable status quo

IP 52
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Apple Accused Of Infringing 5G IP And Refusing FRAND Talks

IP Law 360

A Dallas-based intellectual property company filed suit in California federal court on Friday against Apple Inc., claiming the tech giant is infringing its patents that are essential to implementing the 5G standard and breaching an obligation to negotiate a fair licensing agreement.

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Art for Wellness: Enhancing Well-Being and Productivity

Art Law Journal

Unlock the secret to a thriving workplace with art! Discover its remarkable influence on productivity, camaraderie, and wellness. Transform your office into a sanctuary of creativity and well-being.

Art 52
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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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7th Circ. Says Deloitte Must Face Software Co.'s IP Suit

IP Law 360

The Seventh Circuit on Monday revived Nulogy Corp.'s suit accusing business services company Deloitte of collaborating with Menasha Packaging Co. to misuse the software company's proprietary information, finding that while the claims against Menasha belong in Canadian court, Deloitte was not part of the agreement to litigate in that jurisdiction.

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CAFC Clarifies PTAB Trial Scope – Coming Practice Changes

LexBlog IP

APA Safeguards Rebuttal Opportunity to New Claim Construction A fundamental safeguard of the Administrative Procedure Act (APA) is the opportunity to be heard and to present evidence. Over the years the Federal Circuit has reminded the PTAB that parties must have notice of the agency’s positions and a meaningful opportunity to rebut such positions.

Art 52
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$1M TM Case Against Safety Testing Co. Can Proceed

IP Law 360

A federal judge in Illinois has allowed a solar panel distributor to move forward with a $1 million case against a prominent safety testing brand over delays caused by the use of the brand's certification trademarks.

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When you’re a hammer

Likelihood of Confusion

The whole world is a nail. Now Marty Schwimmer isn’t a hammer, because he does trademarks and not patents, see. So this post connecting Michael Jackson and intellectual property is. The post When you’re a hammer appeared first on LIKELIHOOD OF CONFUSION™.

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YouTube Star Spoiled Burger Deal, Countersuit Claims

IP Law 360

A pair of "virtual restaurant" companies that partnered with YouTube star MrBeast to roll out MrBeast Burger countersued the creator Monday in New York state court, claiming he breached the contract by torpedoing the burger brand in disparaging online comments.

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X Marks The Spot

JD Supra Law

Since Elon Musk announced his decision to remove the iconic bird logo and adopt "X", as Twitter's new logo (the "X Logo"), the rebranding decision has been the talk of the town. The rollout has prompted a barrage of reactions and has many questioning whether the change will attract legal hurdles.

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Doc Seeks $46M In Damages After Penile Implant Trial Win

IP Law 360

Beverly Hills urologist Dr. James Elist said he should get as much as approximately $46 million in damages after a California federal jury found a Houston-based urologist and others stole trade secrets from him related to a cosmetic penile implant.

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Generative AI End-User License Agreements: What Users Need to Know

JD Supra Law

In Short - The Background: The prevalence of generative artificial intelligence ("GenAI") is rapidly expanding, providing vast opportunities for efficiency and innovation, while also creating new risks.

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Why Privacy, Trade Secret Law Are On A Collision Course

IP Law 360

The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.

Privacy 75
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District court decision invalidating claims as inherently anticipated upheld by Federal Circuit

JD Supra Law

Procedural History - United Therapeutics Corporation v. Liquidia Technologies, Inc. is an appeal and cross appeal from a District of Delaware decision that found (1) claims 1, 4, and 6–8 of U.S. Patent 10,716,793 (“the ’793 patent”) not invalid and infringed, (2) claims 1–3 of U.S. Patent 9,593,066 (“the ’066 patent”) invalid as anticipated, but otherwise infringed, (3) claims 6 and 9 of the ’066 patent invalid as anticipated and (4) claims 6, 8, and 9 of the ’066 patent as not infringed.

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What Patent Bills Would Mean For Infringement Litigation

IP Law 360

Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.

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Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies

LexBlog IP

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Its reports contain the “big if true” allegations that a small number of social media accounts, such as Twitter, are responsible for a disproportionate percentage of objectionable conduct.

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Point-Of-Sale Co. Wants No Mention Of $13M Verdict At IP Trial

IP Law 360

In advance of a jury trial set to start next month, point-of-sale and e-commerce brand Lightspeed has urged U.S. District Judge Alan Albright to prevent a Pennsylvania patent company from referring to its earlier Texas federal court victory against another point-of-sale company during the trial.

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This Week in Washington IP: How to Protect IP in Southeast Asia, Promoting Women in STEM, and Preventing Bank Failures

IP Watchdog

This week in Washington IP news, while Congress continues its summer recess, the U.S. Patent and Trademark Office (USPTO) hosts several events, including on how to protect your IP in Southeast Asia. The Office also continues its #WEWednesday series, this week with an installment on how to increase the number of women in the STEM field. Elsewhere, the Peterson Institute for International Economics will look at what preventative policy measures are needed to prevent repeat bank failures in the Uni

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Domain Name News: July / August 2023 - Anchovy News

JD Supra Law

This is the July/August edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover: Domain name industry news: AFNIC publishes 2022 study on global domain name market / The return of.UA dispute resolution / Regional distribution of.DE domain names in Germany.

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Resort fees case survives on nondisclosure, not bait and switch theory

43(B)log

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, -- F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but rejecting the damages methodology for calculating class damages. Marriott’s booking process shows prices starting “from” a particular rate: "from 420 USD/night" ad Clicking on “view rates” gets further information: still says 420

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Federal Circuit Will Not Read Safety and Efficacy Limitations into Pharma Method Claims

JD Supra Law

On July 24, in United Therapeutics Corporation v. Liquidia Technologies, Inc., the Federal Circuit addressed whether safety and efficacy are required for pharmaceutical method claims to be sufficiently enabled and supported by written description. Liquidia filed a New Drug Application for a dry powder inhalation formulation of treprostinil for the treatment of pulmonary hypertension (“PH”).

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Paul Mitchell plausibly not "cruelty free" because of entry into market requiring animal testing

43(B)log

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say they took Paul Mitchell at its word and bought some of those products. But Paul Mitchell, they allege, once imported those products into China and registered them with the Chinese government—at a time when Chinese law required that companies test c

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Biden Executive Order Has Potential To Discourage U.S. Company Participation In Federal Research

JD Supra Law

A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic manufacturing and jobs, the policy could have the unintended effect of discouraging U.S. company participation in federally funded research and development activities.

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Herbert Smith Freehills advises Hua Hong Semiconductor Limited on its RMB21.2 billion IPO and listing on the STAR Market of the Shanghai Stock Exchange ????????????????????212??????????????????????????

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Hua Hong Semiconductor Limited (“Hua Hong Semiconductor”) (01347.HK/ 688347.SSE) as its Hong Kong legal advisers on the Hong Kong law aspects of its RMB21.2 billion (US$2.96 billion) initial public offering and listing on the STAR This is the largest A-share listing in 2023 so far, and the third-largest listing on the STAR Market of the Shanghai Stock Exchange.

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Trends In Orange Book and Biologic PTAB Trials

JD Supra Law

The USPTO has released an updated report on Inter Partes Review (IPR) and Post Grant Review (PGR) proceedings involving Orange Book or biologic patents, taking into account data through March 31, 2023. Highlights of the report that might be of interest to stakeholders in this space include trends in differences in numbers of petitions, institution rates, and outcomes as between Orange Book-listed patents and biologic patents.

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Digital signature vs. electronic signature: What's the difference

Legal Zoom

Not sure whether to use digital or electronic signatures? This article breaks down the differences to help you make the right choice.

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Endorsement Guides and Fake Reviews: What Advertisers and Influencers Need to Know About the FTC’s Recent Announcements

LexBlog IP

The Federal Trade Commission recently announced long-awaited updates to its Endorsement Guides (”Guides”), along with a new proposed rule banning fake reviews and testimonials. The Guides provide direction to advertisers to ensure that advertising using endorsements or reviews is truthful and provide examples of the types of practices that may be considered unfair or deceptive under the FTC Act.

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PTAB Axes Saint-Gobain IP In Dispute Tied To Saudi Oil Co.

IP Law 360

The Patent Trial and Appeal Board has invalidated all claims of a Saint-Gobain Ceramics & Plastics Inc. patent related to materials used in chemical manufacturing, following a challenge from Scientific Design Co. Inc.

Designs 40
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Heart bread roll not distinctive enough, says EUIPO Board of Appeal

The IPKat

With decision of 6 July 2023 (original German text and English machine translation ) the Board of Appeal of the EUIPO (BoA) stated that a 3D trade mark described as a “ heart-based bread roll ” is devoid of the necessary minimum degree of distinctive character. Background A German company (applicant) obtained in 2003 the registration of the 3D trade mark No. 002262327 representing a bread with a heart drawn on the top in relation to class 30 (bread, including bread rolls).