Plagiarism Today

MARCH 24, 2022

Earlier this month, we took a look at the story of Paul McCrory , an Australian researcher and scientist with an expertise in the field of concussions and traumatic brain injury. . At the time, McCrory was facing allegations of plagiarism in a letter that he published while he was an editor at the British Journal of Sports Medicine (BJSM). The allegations were originally made by UK professor and researcher Steve Haake, who published his findings in a guest post at Retraction Watch.

Plagiarism 179

Plagiarism Publishing Journalism Copyright 179

TorrentFreak

MARCH 24, 2022

To the global audience, Ulož.to may not be a household name, but in the Czech Republic it is huge. The file-sharing and hosting service is listed among the 35 most-visited websites in the country, while its mobile apps are frequently used as well. Like many other file storage platforms, Ulož can be used to share a wide variety of files but according to copyright holders, many people abuse the platform to share pirated music, movies, and TV shows.

Reporting 137

Reporting Television Copyright Music 137

IP Watchdog

MARCH 24, 2022

Thirty percent of respondents to a survey of applicants using the U.S. Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system.

Inventor 133

Inventor Patent Invention Blogging 133

Technology & Marketing Law Blog

MARCH 24, 2022

This case involves Daystar TV Network, “an evangelical Christian-based television network.” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. Vimeo’s AUP banned content that “makes false or misleading claims about vaccination safety.” Vimeo flagged, and ultimately deleted, 5 Daystar videos that claimed “a causal link between vaccines and childhood autism.R

Contracts 123

Contracts Television Blogging Publishing 123

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?

Technology

IP Watchdog

MARCH 24, 2022

Senators Thom Tillis (R-NC), Tom Cotton (R-AR) and Marsha Blackburn (R-TN) sent a letter yesterday to Secretary of Commerce Gina Raimondo expressing their “grave concerns” with the compromise language agreed on recently in the ongoing talks to waive intellectual property rights for COVID-related technology under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Intellectual Property 116

Intellectual Property Technology Government IP 116

IPilogue

MARCH 24, 2022

Shayna Jan is an IP Intensive student and a 3L JD Candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. Growing up, like many children, I had a skewed perception of the news. To me, the news existed as the excess pages attached to the crossword. The paper was so thin, my heavy- handed penmanship would often bleed through the page.

Contracts 105

Contracts IP Privacy Blogging 105

IP Law 360

MARCH 24, 2022

Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

Law 98

Law 98

Copyright Alliance

MARCH 24, 2022

On March 18, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the SMART (Strengthening Measures to Advance Rights Technologies) Copyright Act of 2022, S. 3880. The bill makes amendments to […]. The post A SMART New Approach to Combatting Piracy appeared first on Copyright Alliance.

Copyright 98

Copyright Technology 98

JD Supra Law

MARCH 24, 2022

There is a theme running through many patent-eligibility disputes that is analogous to baiting-and-switching. One party has claims that recite an invention. The other party characterizes those claims at a high level or generalizes them to the point that much of the actual claim language is largely ignored. Then, the other party argues that the claims as generalized -- their patent-eligibility alter ego -- are invalid under 35 U.S.C. § 101 for whatever reason.

Invention 98

Invention Patent 98

Velocity of Content

MARCH 24, 2022

You may be familiar with the phrase, “the Golden Age of Television.” It is being used to describe the proliferation of high-quality television shows across broadcast, cable, satellite, and streaming platforms that we currently enjoy. We all have at least one must-watch series that we cannot miss, and we recognize that television and film entertain, educate, and inspire.

Television 98

Television Copyright Licensing Copyright Infringement 98

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.

Patent

IP Law 360

MARCH 24, 2022

Endo Pharmaceuticals on Thursday secured a D.C. federal court's dismissal of the Federal Trade Commission's antitrust suit accusing it of entering a second "pay-for-delay" agreement with Impax Laboratories to stave off competition to Endo's Opana ER painkiller.

98

98

The IP Law Blog

MARCH 24, 2022

We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools.

Copyright Infringement 98

Copyright Infringement Copyright Advertising Advertising 98

Intellectual Property Brief

MARCH 24, 2022

A long-standing copyright infringement dispute between a fabric designer, Unicolors, and a fashion industry giant, H&M, allowed the U.S. Supreme Court to recently weigh in and determine the scope of a phrase found within § 411(b)(1) of the PRO-IP Act and change the trajectory of copyright law for the future.

Copyright 98

Copyright Copyright Infringement Copyright Law Designs 98

Patent Trademark Blog

MARCH 24, 2022

What does it mean to protect intellectual property? Now that we know what intellectual property is , let’s talk about how to protect intellectual property. The word “protect” is curious in the context of IP. What do we mean by intellectual property protection? If you think of IP as an asset, then it makes sense. What would it mean, for example, to protect your personal property?

Intellectual Property 98

Intellectual Property IP Patent Application Invention 98

JD Supra Law

MARCH 24, 2022

In June 2021, the US Patent and Trademark Office (USPTO) published an update to its study of America Invents Act (AIA) trials involving challenges to Orange Book-listed and biologic patents from September 16, 2012, through June 30, 2021. Here, we review the statistics and then give an overview of notable biologics decisions to date. With the number of petitions aimed at biologics patents growing from 8 petitions filed in FY2020 to at least 23 in FY2021, a more complete picture of how successful.

Invention 98

Invention Publishing Trademark Patent 98

McBayer IP Blog

MARCH 24, 2022

Posted In collegiate athletics , Intellectual Property , Name, Image, and Likeness On March 9 th , Governor Beshear, surrounded by Kentucky college coaches, put his signature on a new law that will allow college athletes to profit from the use of their name, image, and likeness, an opportunity formerly blocked by the NCAA. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

The IPKat

MARCH 24, 2022

Building on the momentum of the final push towards launch of the UPC, the EPO has launched a stake-holder consultation on a proposal to unify the "fragmented" system for SPC registration. The purpose of the SPC Regulations ( Regulation (EC) No 469/2009 and Regulation (EC) No 1610/96 ) is to compensate patentees for the lengthy process of achieving marketing authorisation for a medicinal or plant product.

Registration 82

Registration Reporting Marketing Marketing 82

IP.com

MARCH 24, 2022

A patent does not keep third parties from using a protected technology. What a patent does is allow the patent holder to take legal action against the entities using the. The post Indirect Infringement: Proving Induced or Contributory Infringement appeared first on IP.com - IP Innovation and Analytics.

IP 72

IP Technology Patent Litigation 72

43(B)log

MARCH 24, 2022

Hermon Atkins McNeil, The Sun Vow (at the NY Metropolitan Museum of Art): Note the card displayed below--on the left, in black on white: "By the 1890s, sculptural representations of Native American and western themes had become extremely popular. While living in Chicago in the early 1890s, MacNeil had learned of a rite of passage that captured his imagination: before a boy on the threshold of manhood could be accepted as a warrior, he was required to shoot an arrow directly into the sun.

Moral Rights 69

Moral Rights Art 69

Stock Legal Blog

MARCH 24, 2022

Hello from Stock Legal! It’s great to be joining such a progressive, forward-thinking firm!

98

98

IP Law 360

MARCH 24, 2022

The Federal Circuit invalidated as obvious claims of a Qualcomm wireless communication patent Thursday, finding the Patent Trial and Appeal Board was wrong to uphold them.

Patent 75

Patent 75

Kluwer Copyright Blog

MARCH 24, 2022

In the recent case of Estonian Performers Union (EEL) v vs. MTÜ Urban Style , the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof is used for communication to the public.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property Editing Related Rights 64

IP Law 360

MARCH 24, 2022

While a New York federal court’s recent ruling in Wexler v. Hasbro involved a toy inventor’s allegations that he was entitled to royalties for a game idea, it could provide entertainment lawyers with a road map for mitigating the risk of unjust enrichment claims against clients who field new movie and TV show pitches, says David Halberstadter at Katten.

73

73

IP Tech Blog

MARCH 24, 2022

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. International Trade Commission (ITC) under Section 337 of the Tariff Act of 1930 instead of, or in addition to, in U.S. District Court. A recent Federal Circuit decision reaffirms another advantage of asserting patents at the ITC: the potential for significant civil penalties ( i.e. , fines) assessed against an infringer who violates an ITC C

Litigation 62

Litigation Patent IP Patent Infringement 62

The TTABlog

MARCH 24, 2022

I don't like to accuse any party of being a bully. I understand the trademark owner's duty to police its marks. But this case has tested my resolve. The Board dismissed this opposition to registration of the mark shown below left, for "t-shirts," finding no likelihood of confusion with Monster Energy's design mark shown below right, for clothing, including t-shirts.

Designs 87

Designs Design Licensing Registration 87

Trading Secrets

MARCH 24, 2022

Louisiana is not a fan of non-competes. Any employer who has employees in Louisiana is likely aware of that (or should be). Louisiana statutory code says so; case law says so; and now the Fifth Circuit has chimed in to add a little more food for thought on the subject. In its recent unpublished decision of Rouses Enterprises, L.L.C. v. Clapp , 2022 WL 686332 (5th Cir.

Business 59

Business Law 59

JD Supra Law

MARCH 24, 2022

8 Key Business Takeaways From Russia’s War - Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding webinar is located here.).

Business 56

Business 56

The IP Law Blog

MARCH 24, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

Blogging 52

Blogging IP Law Trademark Law 52

JD Supra Law

MARCH 24, 2022

Welcome back to our TMT Bites! This first issue of 2022 is dedicated to the trade secrets theme that should be of paramount concern to TMT players. The issue features legal developments and cases from around the world like Canada, the U.S., Latin America, China and Europe. Enjoy and stay tuned for more updates!

56

56

LexBlog IP

MARCH 24, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Watch this episode on the Weintraub YouTube channel, here. Listen to the podcast version of this episode on your favorite platform or online, here.

Blogging 52

Blogging IP Law Intellectual Property 52

JD Supra Law

MARCH 24, 2022

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 56

Patent Designs Design 56

IP Law 360

MARCH 24, 2022

Arthrex will argue next week that the Federal Circuit must undo the Patent Trial and Appeal Board's invalidation of its suture patent because the patent office’s interim leader lacks the power to review that ruling under a U.S. Supreme Court decision involving the company. Here's a look at where that case stands — plus all the other major intellectual property matters on deck in the coming week.

Intellectual Property 52

Intellectual Property IP Patent 52

JD Supra Law

MARCH 24, 2022

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC.

Art 56

Art Law 56

LexBlog IP

MARCH 24, 2022

Federal Circuit Affirms Hunting Titan POP Decision. In Hunting Titan, Inc. v. DynaEnergetics GmbH & Co. KG , Inc., IPR2018-00600. The PTAB’s POP panel reviewed the denial of a Motion to Amend based upon a panel’s sua sponte modification of a petitioner’s proposed ground ( here ). In reversing that determination, the POP found that such a sua sponte action should be a “rare circumstance.” For example, where there is a readily identifiable patentability concern ap

Art 52

Art Patent Intellectual Property 52

JD Supra Law

MARCH 24, 2022

We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram.

52

52