Tue.May 09, 2023

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What to Do if You’re Falsely Accused of Plagiarism

Plagiarism Today

Being accused of plagiarism is an emotional and stressful experience. Here's what to do to defend yourself and clear up any confusion. The post What to Do if You’re Falsely Accused of Plagiarism appeared first on Plagiarism Today.

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The Government’s Epic Bill C-18 Miscalculation on Mandating Payments for Links

Michael Geist

Meta executives faced another round of criticism at the Standing Committee on Canadian Heritage yesterday, yet beyond the usual outrage emanating from MPs that have labelled critics as racist or dismissed online news outlets at not news, was the growing realization that the company’s plan to block news sharing in Canada if Bill C-18 passes in its current form may not be a bluff.

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3 Count: Bitten Apple

Plagiarism Today

Apple loses appeal against Corellium, Bungie wins default judgment against LaviCheats and Nintendo goes on takedown spree. The post 3 Count: Bitten Apple appeared first on Plagiarism Today.

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Let’s Stop Analogizing Human Creators to Machines

The Illusion of More

Just as it is folly to anthropomorphize computers and robots, it is also unhelpful to discuss the implications of generative AI in copyright law by analogizing machines to authors.[1] In 2019, I explored the idea that “machine learning” could be analogous to human reading if the human happens to have an eidetic memory. But this […] The post Let’s Stop Analogizing Human Creators to Machines appeared first on The Illusion of More.

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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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DAZN Joins ACE: IPTV Piracy & Billions in Losses Challenge ‘Netflix of Sport’

TorrentFreak

With pirate IPTV services first seeping and then exploding into the mainstream around 2016/17, the launch of streaming service DAZN provided hope of a viable alternative. Initially made available in Germany, Switzerland, Austria and Japan, DAZN’s mission to provide affordable access to live and on-demand sports content was exactly what fans had been crying out for.

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Amicus Briefing in Amgen v. Sanofi: The Rest of the Story

JD Supra Law

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. This has not surprisingly generated a great deal of interest and amicus briefing.

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Annual report on competition policy

Olartemoure Blog

Every year, the European Commission (EC), publishes its Annual Report on Competition Policy, which includes the major Competition Policy developments and regulatory initiatives of the year, together with a selection of important enforcement actions. The 2022 report is out, and here is a summary of its most important elements: Key policy implementations  The adoption of the Temporary Crisis Framework to overcome the lack of liquidity of companies affected by the economic disruption caused by the

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Why register a foreign trademark?

Patent Trademark Blog

Why register your trademark in a foreign country? While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. IP rights are territorial. That means a US trademark registration does not provide the trademark owner with rights outside the United States. While your federally registered trademark may provide you with certain exclusive rights within the US, it will not give you the ability to stop others from using the mark in foreign countries.

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Biden Nominates Paramount Exec As IP Enforcement Czar

IP Law 360

President Joe Biden has nominated Paramount Global executive Deborah Robinson to be the nation's next intellectual property enforcement coordinator, aiming to fill a post that has been vacant for more than two years and drawing praise from Hollywood, software and publishing groups.

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Federal Circuit Inventorship Decision Literally Saves the Appellant’s Bacon - and Reiterates the Framework for Assigning and Analyzing Inventorship

JD Supra Law

In HIP, Inc. v. Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor.

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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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Apple v. Corellium out: 11th Cir. finds copying for security research transformative

43(B)log

Apple v. Corellium, Inc. , No. 21-12835 (11th Cir. May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement claims and claims related to the use of the icons, giving Apple another bite at, etc. I won’t recap the whole opinion, but I do note that the court of appeals says, perhaps more explicitly than any other court, that the question is wheth

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Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property

JD Supra Law

To say that the video gaming industry is booming would be quite an understatement. For years, gaming has been one of the fastest growing segments of the worldwide entertainment industry. Statista notes that in 2022, global revenues topped $200 billion for the first time ever.

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CCC to Host Virtual Town Hall ‘Making Research Data FAIR’ on 10 May

Velocity of Content

CCC will present a Town Hall discussion via LinkedIn Live on 10 May at 11:00 a.m. EDT/16:00 BST/17:00 CEST where a VIP panel will share best practices for developing research data that is FAIR through culture, training, and technology. Audience members will learn how to identify signals of improvement and create breakthrough interoperability across research domains.

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BREAKING: In-person proceedings are still the "Gold Standard" - Boards of Appeal start to diverge on ViCo (T 2432/19)

The IPKat

A Board of Appeal decision published today ( T 2432/19 ) directly contradicts the previous decisions implementing G1/21. The Board of Appeal in T 2432/19 applies the clear direction from G1/21 that in-person proceedings should be the default in view of the inadequacies of current ViCo technology. In doing so, the Board of Appeal places itself in direct opposition to previous Boards of Appeal decisions having a more "dynamic" interpretation of G1/21.

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Automating Without Innovating: Patents Held Invalid

JD Supra Law

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of invalidity for a set of business-analytics software patents under 35 U.S.C. § 101. The plaintiff appealed, claiming that its patents did not contain patent ineligible subject matter and, if they did, included distinct, inventive concepts.

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GEICO Isn’t Good News for Google

Likelihood of Confusion

Remember the GEICO v. Google case? My former law partner and long-time spouse Jane Coleman does. She’s writing a chapter on secondary trademark infringement liability for the second edition of a. The post GEICO Isn’t Good News for Google appeared first on LIKELIHOOD OF CONFUSION™.

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Reversal Amounts were Higher than Patent Damages in 2013 and 2015, Data Shows

IP Close Up

Diminished or vacated patent damages awards were greater than the total amount of damages awarded for 2013 and 2015, a surprising “net-negative” for patent plaintiffs.

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When to Use a Milk Run

Christopher Roser

A milk run is a popular way to supply materials to multiple locations. It can easily be combined with a pull system like kanban, where it merely replenishes what was consumed. But what are the best uses for milk runs? And when do you use them, and when would another logistics system be better? This. Read more The post When to Use a Milk Run first appeared on AllAboutLean.com.

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CAFC Rejects Bid for Attorney Fees in Cannabis Patent Suit

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Monday affirming a district court’s ruling that denied attorney fees and sanctions to Pure Hemp Collective, Inc. over a patent infringement suit brought against it by United Cannabis Corporation. The patent at issue, U.S. Patent No. 9730911, covers “Cannabis Extracts and Methods of Preparing and Using Same.

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Fed. Circ. Backs Sony's PTAB Win Axing Gaming Patent

IP Law 360

The Federal Circuit has upheld the Patent Trial and Appeal Board's invalidation of a gaming patent challenged by Sony Interactive amid federal infringement litigation over the technology, supporting the board's claim construction and obviousness findings.

Patent 75
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Precedential No. 15: Finding Essential Oil Dispensers to be Illegal Drug Paraphernalia, TTAB Affirms Refusal of Two Proposed Marks

The TTABlog

The Board upheld the refusals to register the marks BAKKED (in standard characters) and a stylized drop design, for "essential oil dispenser, sold empty, for domestic use," finding that the goods are illegal drug paraphernalia under the Controlled Substances Act (CSA), and therefore the marks are ineligible for registration. The Board rejected applicant's arguments that because the goods are legal under Colorado state law, or are traditionally used with tobacco products, they fall within either

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T2M's 'Free Ride' Must End, League Of Legends Creator Says

IP Law 360

Riot Games, the creator of hit video game League of Legends, has sued video game peripheral producer T2M over trademark infringement, saying that T2M "simply slapped" Riot Games' name on its gaming controllers "hoping to garner all revenues it can" before being forced to change its products' names.

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Can States Legislate in the AI Rights Space?

Patently-O

by Dennis Crouch In Bonito Boats, Inc. v. Thunder Craft Boats, Inc. , the Supreme Court addressed the issue of state laws that provide additional patent-like rights. The Court held that a Florida law prohibiting the use of a direct molding process to duplicate unpatented boat hulls was preempted by federal patent law. The Court reasoned that the Florida law conflicted with the “carefully crafted” goals of the federal patent system.

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Attys Sanctioned For Witness Coaching In Media IP Row

IP Law 360

A Colorado federal judge has sanctioned attorneys for the former business partners of a motivational speaker who claims to have met with extraterrestrial beings, finding that one of the lawyers coached his client during a deposition.

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

The IPKat

If you missed last week's posts, it's not too late to catch up. Meet the new king of Kats! Trade marks Nedim Malovic commented on the decision in T‑129/22 issued by the General Court. In its decision, the General Court considered ‘gymnastic and sporting articles’ and ‘games and toys’ dissimilar for the purpose of likelihood of confusion assessment. Nedim Malovic commented on a judgment issued by the High Court of England and Wales The Court notably held that Tesco had infringed Lidl’s copyright,

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Google CEO Won't Testify In Sonos' $90M Patent Trial

IP Law 360

Google and Sonos have agreed not to call Google CEO Sundar Pichai to testify in their $90 million California federal jury trial, according to Google, a day after U.S. District Judge William Alsup said he would allow Sonos to call the executive — even though he's not a designated witness.

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Creator Spotlight with Singer/Songwriter Lana Love

Copyright Alliance

This week we’d like to introduce you to singer/songwriter Lana Love. Lana was a contestant on Season 22 of The Voice where she joined Team Legend. She has opened for several […] The post Creator Spotlight with Singer/Songwriter Lana Love appeared first on Copyright Alliance.

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Photographer Accuses XFL Of Using Work Without Paying

IP Law 360

A photographer has filed a copyright infringement lawsuit against XFL Properties LLC, accusing the minor league football organization of hiring her to photograph a game, stiffing her on the bill and then using the photos, anyway, according to a complaint filed in a central California federal court.

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Avery Dennison Urges SCOTUS Review to Prevent Lowered Section 101 Bar from Inflaming ‘Raging Debate’ on Patent Eligibility

IP Watchdog

On May 8, digital ID solutions company Avery Dennison filed a reply brief with the U.S. Supreme Court in support of its petition for writ of certiorari to appeal the U.S. Court of Appeals for the Federal Circuit’s decision last December affirming the validity of patent claims owned by ADASA. Of the cert petitions currently before the Supreme Court involving issues of patent subject matter eligibility under 35 U.S.C. § 101, Avery Dennison contends that its appeal provides the most useful vehicle

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TI's Lyrics, Criminal History Restricted In Doll IP Retrial

IP Law 360

A jury empaneled on Tuesday for a retrial between T.I. and MGA Entertainment over a line of dolls will be severely limited from hearing evidence about his criminal history, profane lyrics or allegations of sexual assault against him and his wife, Tiny Harris, a California federal judge ruled.

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What's the Value of Your Brand? And More Importantly - Is It Protected?

JD Supra Law

According to Brand Finance's 2023 Global 500 Brand Value Ranking, the collective value of the top 10 global brands is over $1.5 trillion. The process of valuing a brand is often more art than science, but the general purpose is to provide a present value to the reputation and goodwill of a company or product…. By: Sherman & Howard L.L.C.

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Fifth Circuit Upholds “Discovery Rule” in Affirming Victory for Photographer in Copyright Suit

LexBlog IP

Under the Copyright Act of 1976, a civil action for copyright infringement must be “commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). But when does a claim accrue? To answer that question, the Fifth Circuit applied what is known as the “discovery rule.” That is, the limitations period starts running when a “plaintiff knows or has reason to know of the injury upon which the claim is based.” Graper v.

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Delaware Bankruptcy Court Grants Motion to Dismiss Time-Barred Claims for Breach of Franchise Agreement

JD Supra Law

A federal bankruptcy court in Delaware has dismissed time-barred claims that a Chapter 7 Trustee alleged on behalf of a bankrupt franchisor, AVF Franchising, LLC, against several of its franchisees. In re Start Man Furniture, LLC., 2023 WL 2717662 (Bankr. D. Del. Mar. 30, 2023).

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Testing ChatGPT: Is it trained on the Harry Potter books?

LexBlog IP

Intro: Tested ChatGPT with some Harry Potter-related prompts to see whether it has/had access to the entire content of the books for my research on the intersection of copyright and generative artificial intelligence. Instead of getting myself a conclusive answer on that, I realized how confident ChatGPT sounds even when it is fabricating a whole paragraph!

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U.S. Patent Trial and Appeal Board (PTAB) Considers Sweeping Reform to Address Discretionary Denials and Petitions Filed by Certain For-Profit Entities

JD Supra Law

The USPTO is considering changes to provide a framework to guide practitioners and the PTAB in assessing the circumstances that warrant the PTAB’s exercise of its discretion to deny a petition. The USPTO is considering changes to curb the use of inter partes review and post-grant review proceedings by certain for-profit entities.

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