Thu.Aug 05, 2021

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3 Count: Access Denied

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: York Can’t Be Sued for Copyright Fees Not Agreed To: Top Court. First off today, Leslie MacKinnon at iPolitics reports that the Canadian Supreme Court has ruled unanimously that York University cannot be held liable for its failure to pay a collective licensing fee that it did not agree to pay.

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Record Labels Sue Charter Again For Failing to Disconnect Pirating Subscribers

TorrentFreak

In March of 2019, several major music companies sued Charter Communications, one of the largest Internet providers in the US with 22 million subscribers. Helped by the RIAA, Capitol Records, Warner Bros, Sony Music, and others accused Charter of deliberately turning a blind eye to its pirating subscribers. Among other things, they argued that the ISP failed to terminate or otherwise take meaningful action against the accounts of repeat infringers, even though it was well aware of them.

Music 141
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Pennsylvania Superintendent Admits to Commencement Plagiarism

Plagiarism Today

In a story that is becoming all-too-familiar, another school superintendent’s career may be in jeopardy following plagiarism in a commencement speech. This story involves Matthew Strine, the current superintendent of the South MIddleton School District in Pennsylvania. During a graduation speech, he gave to Bolling Springs High School on June 10, he repeatedly took language from a 2011 address actress Amy Poehler gave at Harvard University.

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Olympics Piracy: Taiwan Lawmakers Criticize Public Figures For Set-Top Box Use

TorrentFreak

Few if any developed countries in the world can say they have conquered the pirate streaming problem. Unlicensed sites and piracy-configured set-top boxes are available almost everywhere, providing access to every movie, TV show and increasingly live TV channels too. Taiwan is no outlier. In 2020, a report from the Asia Video Industry Association’s Coalition Against Piracy (CAP) revealed that 28% of consumers use devices that can stream pirated content. with those branded QBox, Ubox and EVPad pr

Reporting 136
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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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CAFC Dismisses LG’s Interlocutory Appeal as Untimely

IP Watchdog

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG Electronics U.S.A. Inc.’s (collectively, ‘LG’) request for interlocutory review due to lack of jurisdiction; the court said LG had failed to file within 30 days of the date at which the liability issues became final, resulting in an untimely appeal.

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Complete Guide to Crowdfunding For Business

Legal Zoom

If you have an entrepreneurial dream, crowdfunding may help you make it come true. Learn what's involved and how to succeed in our handy guide.

Business 137

More Trending

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We Have to Believe: Keeping an Open Mind on AI is Vital to the Future of Our Patent System

IP Watchdog

In response to articles on implementing AI into our patent system, and specifically to the suggestion that we should consider developing AI to replace some aspects of human decision making in the patent space, we have received a number of comments and even objections to the idea. A common objection: it is likely impossible and impractical for us to advance AI to the point where it can make reliable subjective decisions (e.g., infringement and obviousness), let alone reliably replace human decisi

Patent 116
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As Due Process Recognizes, it’s Hard to Shoot at a Moving Claim Construction Target

JD Supra Law

The US Court of Appeals for the Federal Circuit vacated several Patent Trial & Appeal Board (PTAB) decisions as violating due process and the Administrative Procedure Act (APA), referencing the parties’ inability to respond to the PTAB’s sua sponte construction of a term on which the parties had previously agreed. Qualcomm Inc. v. Intel Corp., Case Nos. 20-1589; -1594 (Fed.

Patent 101
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The Briefing: Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

The IP Law Blog

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “mashups.”. Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here. Cases discussed: Dr. Seuss Enterprises v.

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Innovation In Breast Cancer Research Saving Lives Through Genetic Detection

JD Supra Law

A Cruel Reality in Breast Cancer Statistics- One in eight American women will get breast cancer in their lifetime according to the American Cancer Society. Treatment of late-stage breast cancer, as with many other cancers, is often performed with a low-likelihood for success and when successful is often disfiguring.

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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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Australian Judge Rules Inventions Developed by Artificial Intelligence Can Qualify for Patent Protection

The IP Law Blog

In Thaler v. Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. The case involved a patent application from Dr. Stephen Thaler, a researcher who runs a Missouri company called Imagination Engines.

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Mitsubishi Tanabe Pharma Co. v. Sandoz, Inc.

JD Supra Law

Case Name: Mitsubishi Tanabe Pharma Co. v. Sandoz, Inc., No. 17-5319, 2021 WL 1845499 (D.N.J. Apr. 7, 2021) (Wolfson, C.J.) - Drug Product and Patent(s)-in-Suit: Invokana® and Invokamet® (canagliflozin), U.S. Patents Nos. 7,943,788 (“the ’788 patent”), 8,222,219 (“the ’219 patent”), and 8,785,403 (“the ’403 patent”).

Patent 101
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GSK v. Teva: Skinny Label Approval is not a Patent Safe Harbor

Patently-O

In an important pharma decision, the Federal Circuit has doubled-down on its prior ruling that Teva’s sales of the drug carvedilol induced infringement of a GSK method-of-treatment patent, even though Teva’s product is approved and labeled only for non-infringing uses (as required by statute). In the new decision, however, the court makes clear that the inducement liability is due to Teva’s additional marketing activity that encouraged others to infringe.

Patent 94
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Accused Infringer Not Judicially Estopped from Asserting Claim Construction Different from that Previously Presented to PTAB

JD Supra Law

During a Markman hearing, a judge in the Eastern District of North Carolina denied a plaintiff’s request that the defendant be judicially estopped from arguing claim constructions that were different from positions the defendant took in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).During a Markman hearing, a judge in the Eastern District of North Carolina denied a plaintiff’s request that the defendant be judicially estopped from arguing claim.

Patent 98
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TSMC powers Taiwanese corporates to 20% patent filing boost

IAM Magazine

Chipmaking giant filed more applications at home in the first six months of this year than in all of 2020.

Patent 98
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Patent Owner’s Unpatentability Concession in IPR Insufficient to Trigger Estoppel of System Prior Art in District Court

JD Supra Law

The Eastern District of Texas has rejected a plaintiff’s argument that if a patent owner concedes in an inter partes review (IPR) that a prior art reference discloses all elements of a patent claim, the reference necessarily subsumes all other prior art disclosing those elements. In the IPR preceding the court’s decision, patent owner conceded the disclosure in a printed prior art reference of all the elements of the challenged independent claims.

Art 98
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$235M GSK Win Stays, But Fed. Circ. Tells Generics To Relax

IP Law 360

A split Federal Circuit panel has once again revived a $235 million verdict against Teva for inducing infringement of GlaxoSmithKline's heart disease drug Coreg, although the panel's revised decision Thursday warned that the ruling shouldn't have a broader impact on generic drugs with skinny labels.

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Epic Tech, LLC v. Fusion Skill, Inc. (S.D. Tex. 2021)

JD Supra Law

Electronic Gaming Patents Found Invalid under § 101 - In the U.S. District Court for the Southern District of Texas (Houston Division), Plaintiff Epic Tech, LLC (a seller of so-called "sweepstakes games") sued Defendants Fusion Skill, Inc. and Texas Wiz, LLC for infringement of U.S. Patent Nos. 9,589,423 and 8,545,315 with the distribution of gaming systems similar to Epic Tech's sweepstakes games.

Patent 98
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2 Wins For AI-Made Inventions May Be Just The Beginning

IP Law 360

An Australian federal judge and South Africa's patent office last week cleared a path for inventions developed by artificial intelligence to gain patent protection, moves that experts say may start to chip away at longstanding requirements in the U.S. and beyond that people must be behind patented innovations.

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[Podcast] Onshoring Drug Manufacturing and TRIPS Waiver Part II

JD Supra Law

In this new episode of OnAir: Health Care, Akin Gump health care senior policy advisor Matthew Hittle and consultant Dr. Mario Ramirez welcome Akin Gump public law and policy partner Clete Willems and Centrient Pharmaceuticals chief legal and compliance officer Jim DeYonker. Among the topics covered: - The TRIPS waiver and vaccines. - Global supply chains. - Onshoring drug manufacturing. - Enforcing IP outside the U.S.

IP 98
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Drone Detection Technology at Miami International Airport

LexBlog IP

The Miami International Airport (MIA) was selected by the U.S. Transportation Security Administration (TSA) this week as a test site for new drone detection technology. The new technology includes detect, track, and identify (DTI) equipment which will be used to identify unauthorized drones that enter restricted airspace. The airport was chosen as a test site for this technology in part because there is already a “perimeter protection pilot” program being tested there.

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PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

IP Watchdog

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. Smith and Nephew ruling, among other announcements. Patent Trial and Appeal Board (PTAB) Senior Advisor and Judge Linda Horner noted that, since the ruling, 14 timely requests for Director Review have been received; 11 of those were for a batch of related inter partes reviews (IPRs).

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Patents & the Magical World of Psychedelics

IPilogue

Photo by Christopher Ott ( Unsplash). Bonnie Hassanzadeh is an IPilogue Senior Editor, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. . . The surge in depression and anxiety amongst adults during the pandemic has highlighted the importance of finding and implementing effective and sustainable mental health treatments.

Patent 59
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FDA Proudly Announces Its First Approval of an Interchangeable Biosimilar

IP Tech Blog

On July 28, 2021, the Food and Drug Administration (FDA) announced the approval of the first “interchangeable biosimilar”—in this case Mylan Pharmaceticals Inc.’s Semglee ® (insulin glargine-yfgn), which is both biosimilar to, and interchangeable with, its reference product Lantus ® (insulin glargine), a long-acting insulin analog. Acting FDA Commissioner Janet Woodcock, M.D. called it a “momentous day.”.

Designs 57
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Skimpy Proof of a Regular and Established Place of Business Bares Absence of Venue for Corporate Affiliates

JD Supra Law

In Andra Group, LP v. Victoria’s Secret Stores, LLC, [2020-2009] (August 3, 2021), the Federal Circuit affirmed the dismissal of three defendants for improper venue pursuant to 28 U.S.C. § 1400(b). Andra sued for infringement of U.S. Patent No. 8,078,498 directed to displaying articles on a webpage, including applying distinctive characteristics to thumbnails and displaying those thumbnails in a “master display field.”.

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IP Forecast: Apple Faces Texas Jury Again Over 4G Patents

IP Law 360

A Texas jury will decide next week how much Apple owes for infringing standard-essential 4G wireless patents after the smartphone giant successfully wiped out a $506 million damages verdict that U.S. District Judge Rodney Gilstrap said he had "serious doubt" about. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

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Truth or Fiction.or Copyright Infringement?

JD Supra Law

Author Denise Shull lost her challenge to the Showtime television show Billions, which she claims copied the character bearing her name in Shull’s book Market Mind Games: A Radical Psychology of Investing, Trading and Risk. Shull alleges that she was never paid for the time she spent consulting with Billions writers and actors, and that the show committed copyright infringement in its portrayal of Dr.

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If You Snooze, You Lose: Prosecution Laches as a Defense by the PTO

LexBlog IP

In Hyatt v. Hirshfeld , Nos. 998 F.3d 1347 (Fed. Cir. June 1, 2021), the Federal Circuit vacated the lower court’s decision with respect to the prosecution laches issue. The district court erred in concluding that the PTO failed to prove prosecution laches. The case was remanded. Read more.

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More fantasy sports litigation

Likelihood of Confusion

We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of. The post More fantasy sports litigation appeared first on LIKELIHOOD OF CONFUSION™.

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The Newest Olympic Event: Copyright Hammer Toss

LexBlog IP

Depending on your level of engagement, the Olympics can be an all-consuming event for the two or so weeks it’s on every two years. It’s typically everywhere on TV across a family of networks, unless you’re NBC and more interested in making viewers jump across websites and channels and platforms called Peacock to find their event of choice as though that hunt was an Olympic event in and of itself.

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Verrill Dana's New COO On Path To C-Suite, Strategic Growth

IP Law 360

Verrill Dana's new Chief Operating Officer James A. "Jim" Durham has held various executive positions over the last three decades. Here, he discusses his history with Verrill Dana, what makes the firm unique and his plans for the next year.

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The Briefing: Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

LexBlog IP

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “mashups.” Watch the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online here. Cases discussed: Dr.

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[Audio] Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

JD Supra Law

In this week's podcast episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.

Music 52
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Ping® – Arts, Entertainment, Media & Advertising Law News

LexBlog IP

U.S. Olympic and Paralympic Committee: The Gold Standard for Trademark Protection. By Kelli Ovies August 3, 2021. The Ted Stevens Olympic and Amateur Sports Act is a United States law (codified at 36 U.S.C. Sec. 220501 et seq. of the United States Code) that charters and grants monopoly status to the United States Olympic Committee, and specifies requirements for its member national governing bodies for individual sports.

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Collective management of copyright and neighbouring rights in Greece

JD Supra Law

Under the Copyright Law, certain copyright and related rights are subject to mandatory collective management, meaning that they can be exercised only through a collective management organisation (CMO). These rights include: - the right to fair remuneration for reproduction for private use (known as “blank tape levy”), which is calculated at a percentage of the value of specific devices or materials that are used for private reproduction of protected works (as provided for in article 18 of Law.