Wed.Jul 26, 2023

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Article Spinning: Generative Writing Before Generative AI

Plagiarism Today

Nearly twenty years ago, a new technology appeared to make it easy to generate original text. Here are the lessons we didn't learn from it. The post Article Spinning: Generative Writing Before Generative AI appeared first on Plagiarism Today.

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Beware of trademark scammer TMP in Astoria, NY

Erik K Pelton

Trademark scams continue to proliferate. This looks essentially identical to past scams, but with a new “name” from TMP and a new address at TMP Online Services, 31-07 31st Avenue, Unit 102, Astoria, NY 11106. The offer asks for $1280. These “publication” offerings are worthless. For more, see the Trademark Scam Decision Tree.

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3 Count: Quad 9 Injunction

Plagiarism Today

Oracle wins key victory against Rimini Street, South Korean music org fined for unfair practices and Quad9 blocks pirate site globally. The post 3 Count: Quad 9 Injunction appeared first on Plagiarism Today.

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The PTAB: China’s Silent but Deadly Weapon in Its Economic War Against America

IP Watchdog

Of the many ways that the Patent Trial and Appeal Board (PTAB) works to the detriment of the U.S. innovation economy, one of the most nefarious is the Chinese government’s use of patent validity review to advance its national interests. Recent briefing filed at the PTAB suggests that the Board is quietly helping China win the war for technological supremacy during the 21st century, mainly by destroying the economic interests of American small businesses innovating in industrial sectors critical

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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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CCC Enhances its Scholarly Communications Workflow Solution, RightsLink for Scientific Communications

Velocity of Content

In a recent press release , CCC announced a significant enhancement to its innovative RightsLink for Scientific Communications (RLSC) workflow solution. The new update aims to streamline and optimize the processing of OA agreements within university library consortia, which can now seamlessly process these agreements, making it easier for researchers and institutions to access vital scientific content.

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SpicyIP Tidbit: The Never-ending Jugalbandi Between The Government And Court Over Playing Of Music In Marriage Related Events!

SpicyIP

Image by Freepik The DPIIT, recently issued a public notice regarding collection of royalties by copyright societies for playing of music in marriage functions under Section 52(1)(za) of the Copyright Act 1957 (Provision). Citing the Provision it directed the copyright societies to refrain from acting in contravention to the Provision. But this is not the first time the executive has issued such a clarification.

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Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Most web-scraping cases fit into one of two categories: Cases where companies are innovating with data in ways that data hosts/owners don’t like, and courts try to accommodate competing interests in accordance with prevailing legal theories, including breach of contract, the CFAA, misappropriation, and various forms of intellectual property protection.

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RIAA Urges NTIA to Keep.US Domain WHOIS Info Public to Deter Online Piracy

TorrentFreak

Historically, the domain name WHOIS system has been an important tool to track down the operators of pirate sites and services. While WHOIS data is not always accurate, it is still helpful in holding site operators accountable, at least when the information is available for access. In recent years, access to domain registration information has often been restricted.

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Amazon Gets PTAB To Throw Out Device Monitoring Patent

IP Law 360

The Patent Trial and Appeal Board has agreed to wipe out a remote management patent challenged by e-commerce giant Amazon after finding that the technology, which Amazon was accused of poaching for a Kindle-related product, is invalid as obvious.

Patent 75
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Can India’s Cinematograph Bill Kill Camcorder Piracy & Satisfy the U.S. ?

TorrentFreak

For the last 40 years the Motion Picture Association has regularly highlighted the damage caused by in-theater recordings of the latest movies. And quite rightly so. So-called ‘cam’ copies appear online within hours of movies first appearing in theaters, yet as piracy releases go, cams are unique in their ability to disappoint just about everyone.

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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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These Firms Have The Most Diverse Equity Partnerships

IP Law 360

Law firms have made only modest progress in moving the needle on diversity, particularly at the equity partnership level. Still, a few are setting a new standard and actively increasing their representation of attorneys of color.

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Intensive Care Unit Admission and the Risk of Mental Illness

Nelligan Law

Reading Time: 2 minutes In 2014 almost a quarter of a million Canadian received treatment in an Intensive care Unit (ICU) and, even before Covid, that number was increasing yearly. Among adults, common reasons for admission included post-surgical care, heart attacks, and respiratory issues. Recent cost figures are unavailable but a decade ago at a teaching hospital the cost of ICU care per day was almost $4200.

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The Biggest Trademark Decisions Of 2023: A Midyear Report

IP Law 360

The U.S. Supreme Court weighed in twice on federal trademark law in the first half of 2023, ruling that Lanham Act provisions barring trademark infringement don't apply to foreign conduct and rejecting a circuit court's finding that a poop-themed dog toy version of Jack Daniel's whiskey bottle was protected by the First Amendment. Here's a look at the most notable trademark decisions so far this year.

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Copyright Societies directed to refrain from collecting royalties for musical performances and sound recordings during marriage functions

Selvam & Selvam Blog

The Copyright & Design Section operating under the Department of Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India by Public Notice dated July 24, 2023 has addressed concerns surrounding the alleged collection of royalties by Copyright Societies for musical performances and sound recordings during marriage functions.

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An Emerging Copyright Paradox For AI-Generated Content

IP Law 360

It is becoming increasingly clear that something of a double-edged sword now exists with regard to copyrights and artificial intelligence — though it may not be possible to secure or convey copyrights in AI-generated content, the same content may result in claims of copyright infringement, says Samuel Lewis at Cozen O’Connor.

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UAE Regulations for E-Commerce Businesses: A Comprehensive Overview

LexBlog IP

Introduction: The United Arab Emirates has made significant strides in promoting and regulating electronic commerce (e-commerce) to keep pace with technological advancements and foster digital transformation. Two key laws governing e-commerce in the UAE are Federal Law No. 15/2020 Consumer Protection Law and Federal Decree-Law No. 46/2021 Electronic Transactions and Trust Services.

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Bar Liable In Unofficial Showing Of Boxing Match, Judge Says

IP Law 360

A Tennessee federal judge has ruled that the owner of CJ's Sports Bar can be held vicariously responsible for an employee's unauthorized public streaming of the 2017 fight between boxer Floyd Mayweather Jr. and mixed martial artist Conor McGregor, but left unanswered the question of whether the worker willfully infringed the licensing copyright.

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Vidal Tells Senate IP Subcommittee There Will Be Movement on ANPRM Proposals Soon

IP Watchdog

The Senate Subcommittee on Intellectual Property today held a hearing on Oversight of the United States Patent and Trademark Office (USPTO), with USPTO Director Kathi Vidal as the sole witness. Only a handful of senators questioned Vidal, and only one significantly challenged her in questioning. The hearing differed considerably from the House IP Subcommittee’s Oversight Hearing in April, where Vidal was repeatedly taken to task on the Office’s then-recently issued Advance Notice of Proposed Rul

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11th Circ. Says Disco Bassist Can't Protest Expired IP Defense

IP Law 360

The Eleventh Circuit declined to revive a copyright lawsuit brought by a former member of the 70s group KC and the Sunshine Band against ex-bandmate Harry Wayne Casey, saying that challenging Casey's statute of limitations defense as time-barred isn't a workaround to get authorship rights back.

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Federal Circuit Patent Watch: Stick to the original idea in reissues

JD Supra Law

Precedential Federal Circuit Opinions - IN RE: FLOAT'N'GRILL LLC [OPINION] (2022-1438, 7/12/2023) (Prost, Linn, and Cunningham) - Linn, J. The Court affirmed the Patent Trial and Appeal Board’s decision “affirming the Examiner’s rejections under 35 U.S.C. §§ 112(b) and 251[.]”.

Patent 52
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Vidal Tells Senators PTAB Changes Will Be Scaled Back

IP Law 360

U.S. Patent and Trademark Office Director Kathi Vidal told senators Wednesday that the office is planning to announce which proposals it will not pursue from the sweeping list of possible Patent Trial and Appeal Board changes, which recently drew thousands of comments.

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Another Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation Act

JD Supra Law

A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ) are joining across party lines to create the College Athlete Protection and Compensation Act. We’ll refer to it as the “CAPC Act” (mainly because nobody wants to read “College Athlete Protection and Compensation Act” over and over).

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Another Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation Act

LexBlog IP

A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ) are joining across party lines to create the College Athlete Protection and Compensation Act. We’ll refer to it as the “CAPC Act” (mainly because nobody wants to read “College Athlete Protection and Compensation Act” over and over).

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Managing 3rd Party IP and Freedom to Operate in Drug Development

JD Supra Law

When it comes to product development, the management of third-party intellectual property (IP) to ensure freedom to operate is of paramount importance. Drug development is no different. Imagine investing years of research, substantial resources, and unwavering dedication into creating an FDA-approved drug, only to have a third party’s patent prevent you from entering the market.

IP 52
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Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court

LexBlog IP

The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody. While the decision leaves intact existing legal protections for the use of trademarks and trade dress in expressive works, it limits its applicability when the mark functions as a source identifier.

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PTAB: Unidirectional Language of AIA Estoppel Dooms Common-Law Claim Preclusion Argument Based on District Court’s Final Judgment of No Invalidity

JD Supra Law

The Patent Trial and Appeal Board has denied a patent owner’s motion to terminate an inter partes review proceeding finding that the unidirectional nature of estoppel under 35 U.S.C. § 315(e) renders common-law claim preclusion inapplicable as a basis for termination.

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WHISTLEBLOWING: LE NOVITÀ INTRODOTTE DAL D.LGS. N. 24/2023 ATTUATIVO DELLA DIRETTIVA (UE) 2019/1937

LexBlog IP

Il 30 marzo 2023 è entrato in vigore il d.lgs. n. 24 del 10 marzo 2023 (consultabile qui ), che recepisce in Italia la direttiva (UE) 2019/1937 del Parlamento europeo e del Consiglio del 23 ottobre 2019, riguardante la protezione delle persone che segnalano violazioni del diritto dell’Unione (c.d. direttiva whistleblowing , disponibile al seguente link ).

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Method of Treatment Claims Are Not Invalid for Lacking Written Description or Enablement Simply Because the Treatment Is Not Safe or Efficacious in Some Patients

JD Supra Law

The Federal Circuit’s recent decision in United Therapeutics Corp. v. Liquidia Techs., Inc., No. 2022-2217, 2023 WL 4695903 (Fed. Cir. July 24, 2023), provides an interesting discussion on the written description and enablement of method of treatment claims where treatment of a subset of patients may not be safe or efficacious.

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Battle for gene editing: the US Appeals Court rules on CRISPR patents

Garrigues Blog

The Danish company SNIPR Biome, which researches and develops CRISPR-based microbial gene therapy, has obtained a favorable decision in defense of its patents. The U.S. Court of Appeals for the Federal Circuit has overturned the decision of the PTAB which had ruled in favor of Rockefeller University and canceled five of the company’s patents on the grounds that they were anticipated by a prior patent owned by the university.

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Amici Support Reversal of PTAB Decision in CRISPR Interference

JD Supra Law

Two amici have filed briefs in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the decision by the Patent Trial and Appeal Board (PTAB) in favor of Senior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") sixteen months ago in the latest CRISPR interference No. 106,115.

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Trademark Infringement and Unfair Trade Practices: The Calvin Klein Case

Selvam & Selvam Blog

In this article, we delve into the intricacies of the Calvin Klein case, ( COTY GERMANY GMBH Vs XERYUS RETAIL PRIVATE LIMITED & ANR. ) exploring the Court’s findings, and the implications of such actions on brand reputation and consumer trust. The plaintiff’s trademark “Calvin Klein” was established and adopted in 1967, deriving its name from the founder.

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PTAB Makes Significant Changes to Director Review Process

JD Supra Law

After considering comments from various stakeholders for nearly a year, on July 24, 2023, the USPTO issued the revised interim Director Review Process. Among other changes, the revised process now permits parties to request the Director Review on institution decisions in America Invents Act (AIA) proceedings.

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Restoring Patent Applications: Indian Courts’ Stance on missing of deadlines to request examination or respond to examination reports

Selvam & Selvam Blog

As patent attorneys, adhering to deadlines is pivotal for the success of a patent application. In India, two critical deadlines to bear in mind while prosecuting patent applications are those for filing a request for examination and responding to the first examination report. Presently, while a limited extension of 3 months is possible for filing a response to the first examination report, no such extension is available for filing a request for examination.

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Blue Gentian, LLC v. Tristar Prods., Inc. No. 2021-2316, 2021-2317, pending cite (Fed. Cir. June 9, 2023)

JD Supra Law

Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.

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NXP Urges Judge To Scrap Rival Impinj's Chip IP Trial Win

IP Law 360

Dutch chipmaker NXP has asked a Washington federal judge to scrap a recent jury verdict that cleared Impinj of claims that the rival chipmaker ripped off NXP patents, arguing that Impinj's defense relied on unapproved claims constructions and a reasonable jury would have concluded that Impinj products "directly and indirectly" infringed.

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