Plagiarism Today
FEBRUARY 29, 2024
Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.
JD Supra Law
FEBRUARY 29, 2024
In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the internet. And every day, someone mindlessly adds a seemingly non-descript photo that they found on the internet to spruce up a post or page.
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Plagiarism Today
FEBRUARY 29, 2024
More news organizations sue OpenAI, Donna Summer estate sues Ye and advertisers create new system to block pirate sites. The post 3 Count: Piling On appeared first on Plagiarism Today.
The IP Law Blog
FEBRUARY 29, 2024
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.
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?
The IPKat
FEBRUARY 29, 2024
This guest post is provided by Monica Thornell and Jonathan Coote of Bray & Krais: “There's too much confusion, I can't get no relief” – Sony fails in strike out claim against Hendrix bandmates at English High Court “Soon enough time will tell…” A claim regarding the copyright and performers’ rights in iconic recordings made by The Jimi Hendrix Experience (“JHE”) is going to trial after the English High Court dismissed an application for strike out/summary judgment at the end of January.
TorrentFreak
FEBRUARY 29, 2024
To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that contain allegedly infringing content. For years, little was known about the scope of these copyright claims, but that changed two years ago when the streaming platform published its first-ever transparency report. These reports, which were initially published as pdf files, showed that roughly 99% of all copyright claims on YouTube are handled through the Content ID system.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
The IPKat
FEBRUARY 29, 2024
It is always interesting to see how the protection afforded by the various intellectual property rights fits together. Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. This time, this Kat has found a recent decision issued by the Tribunal Judiciaire of Paris in a dispute concerning both copyright and trade mark infringement.
TorrentFreak
FEBRUARY 29, 2024
There was a time when visiting a pirate site was much like visiting any other. Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. Over time and as the thorny issue of funding illicit platforms gained traction, companies including Ford, Toyota, Nissan, Mazda and Volvo came under increasing pressure.
IP Law 360
FEBRUARY 29, 2024
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
The Illusion of More
FEBRUARY 29, 2024
When Internet Archive lost resoundingly in the Hachette (book publishers) case, the court rejected its cockamamie legal theory called controlled digital lending (CDL). Then, when a group of record labels (UMG et al.) filed suit against IA for infringing reproduction, distribution, and performance of sound recordings, I wrote at the time that there’s no way […] The post Internet Archive Introduces “Rice Krispies” Defense in Copyright Case appeared first on The Illusion of More.
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.
JD Supra Law
FEBRUARY 29, 2024
Jo Anna Parker Martin, a security analyst at Rice University, protects students, faculty, and their data from outside threats. When she’s away from Rice University’s networks, she can be found researching artificial intelligence while listening to the iconic “Trolls” movie soundtrack. In this episode, Jo Anna joins Carlton Fields’ Jack Clabby and KnowBe4’s Kayley Melton to tell the story of how her career has changed since starting at Rice University 17 years ago.
IP Law 360
FEBRUARY 29, 2024
The Boeing Co. will pay $51 million to resolve nearly 200 export violations that threatened U.S. national security when its foreign employees downloaded and transferred technical data in violation of the International Traffic in Arms Regulations, with $24 million to go toward compliance efforts, the U.S. Department of State announced Thursday.
JD Supra Law
FEBRUARY 29, 2024
The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI systems infringe the owners’ copyrighted works. This infringement, copyright owners contend, happens both on the “input side” and the “output side” of the systems.
Copyright Alliance
FEBRUARY 29, 2024
In part one of this blog, we looked at a number of photography and documentary film copyright cases that have been decided since the Andy Warhol Foundation v. Goldsmith opinion was […] The post Fair Use in a Post-Warhol World: Part II appeared first on Copyright Alliance.
JD Supra Law
FEBRUARY 29, 2024
If you’re an artist, creative person, or content creator (and who isn’t these days?), or you work on the creative side of brand marketing, you probably have some pre-existing assumptions about whether and when you can use other people’s work in your creations. Whether it’s Andy Warhol’s soup cans or a sample from a Queen song in Ice Ice Baby, referring to other people’s work in making new creations has always been part of the creative landscape.
Technology & Marketing Law Blog
FEBRUARY 29, 2024
Earlier this month, the High Tech Law Institute hosted the 2024 Works-in-Progress Intellectual Property ( WIPIP ), featuring nearly 90 presentations and over 110 attendees from four continents. The photo album. Some of my highlights from the event: Reconvening in physical space. The HTLI last hosted WIPIP in February 2020, about a month before the pandemic shutdown disrupted in-person gatherings.
JD Supra Law
FEBRUARY 29, 2024
Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is again in the spotlight, this time roundly rejected by Judge Terrance Boyle in the Eastern District of North Carolina (EDNC). In Ericsson v.
The IPKat
FEBRUARY 29, 2024
In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law to design law for product "lookalike" claims. Background In 2020, M&S launched a range of gin-based flavoured liqueurs (including a clementine flavour) for the Christmas market, which were sold in festi
JD Supra Law
FEBRUARY 29, 2024
At the end of January, Attorneys General Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name, image and likeness (NIL) policies place “anticompetitive restrictions” on the NIL rights of current and prospective athletes.
The TTABlog
FEBRUARY 29, 2024
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of March 2024. The hearings will be held in person, the first two at TTAB headquarters and the third at Southern University Law Center, Baton Rouge, Louisiana. Briefs and other papers for each case may be found at TTABVUE via the links provided. March 18, 2024 - 3 PM: A.E.
JD Supra Law
FEBRUARY 29, 2024
In University of South Florida Board of Trustees v. United States, the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to.
IP Law 360
FEBRUARY 29, 2024
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
JD Supra Law
FEBRUARY 29, 2024
“The wild west” is by far the most frequent characterization used to describe college sports since NCAA v Alston, 141 S. Ct. 2141, paved the way for college athletes to be compensated for use of their Name, Image, and Likeness (NIL). With a new sheriff in town, NCAA Director Charlie Baker, the NCAA began 2024 with its highly anticipated enforcement efforts and issued its first sanctions for a violation of the NCAA NIL Interim Policy.
IP Law 360
FEBRUARY 29, 2024
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
JD Supra Law
FEBRUARY 29, 2024
In the interconnected, global environment of business, trade secret information regularly crosses international boundaries, and trade secret misappropriation can occur anywhere in the world. Trade secret holders should thus familiarize themselves with the legal tools that can help them protect and enforce their trade secrets worldwide. On February 28, please join attorneys Leeron Kalay, Katie Prescott, and Autumn Wu for a discussion of best practices for global trade secret protection.
IP Watchdog
FEBRUARY 29, 2024
As an update to my previous posts from 2017, 2019, 2020, March 2021, August 2021, 2022, and 2023, it has now been almost a decade since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS Bank decision. Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased 76 years ago by then-Supreme Court Justice Douglas in Funk Bros.
JD Supra Law
FEBRUARY 29, 2024
The U.S. Patent and Trademark Office (USPTO) recently issued guidance on inventorship determinations for inventions developed with the assistance of artificial intelligence (AI-assisted inventions). Inventorship of AI-assisted inventions has been a hot topic recently with the increased use of generative artificial intelligence (AI). Traditional AI focuses on computers analyzing historical data and making future numeric predictions using rule-based decision-making.
Cogency Global
FEBRUARY 29, 2024
What this is : New York has enacted a beneficial ownership reporting law impacting limited liability companies (LLCs). What this means : LLCs formed or qualified to do business in New York will need to report their “ beneficial ownership ” information to the New York Department of State (DOS).
JD Supra Law
FEBRUARY 29, 2024
It’s never a bad time for companies holding U.S. patents to assess their patent marking strategy and compliance. Patent marking is often neglected or relegated to the marketing team, but it shouldn’t be. Whether what and how you mark products and advertise goods as patented or patent pending can have serious implications.
LexBlog IP
FEBRUARY 29, 2024
On February 21, 2024, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy , a case focusing on the availability of damages for copyright infringement. At issue is whether a copyright plaintiff may obtain retrospective relief for infringing acts that occurred more than three years before the plaintiff filed suit. Importantly, the issue before the Court necessarily assumes that plaintiff’s suit is timely under the Copyright Act’s statute of limitations and the
JD Supra Law
FEBRUARY 29, 2024
The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and contributory copyright infringement. Sony Music Entm’t., et al. v. Cox Commc’ns, Inc., Case No. 21-1168 (4th Cir. Feb. 20, 2024) (Harris, Rushing, JJ., Floyd, Sr.
IP Law 360
FEBRUARY 29, 2024
McCarter & English LLP on Thursday asked a federal judge in Connecticut to hike a prejudgment remedy order against a former client by $1.8 million, which would nearly double the original remedy of $1.85 million, arguing that interest on subsequent jury awards continues to add up as the dispute spills from federal court to the Connecticut Supreme Court.
JD Supra Law
FEBRUARY 29, 2024
The US Court of Appeals for the Federal Circuit in Purdue Pharma L.P. v. Collegium Pharm. Inc. addressed a unique situation in November 2023 whereby the Patent Trial and Appeal Board failed to issue its Final Written Decision within the time prescribed by the statute. Analyzing the statutory language and relevant legislative history, the Federal Circuit held that the Board retains its authority to issue a Final Written Decision even after the statutory deadline has passed.
LexBlog IP
FEBRUARY 29, 2024
On February 22, 2024, Artiva announced that the FDA has granted Fast Track designation to Artiva’s AlloNK (AB-101) for the treatment of lupus nephritis in combination with rituximab or obinutuzumab. AlloNK is an allogeneic, off-the shelf, NK cell therapy that is not genetically modified and designed to enhance the antibody-dependent cellular cytotoxicity (ADCC) of antibodies or NK cell engagers.
JD Supra Law
FEBRUARY 29, 2024
Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) - When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the diligent IP practitioner might be to set the two marks out next to one another, analysing them primarily from the perspective of the average consumer at the point of sale.
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