Wed.Feb 16, 2022

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Why it is Never the Right Time to Tackle Plagiarism

Plagiarism Today

Yesterday, Alice Nuttall published a piece on Book Riot that asks a simple question: Why is publishing plagiarism still possible? It’s a simple enough question. In an age with plagiarism-detection software widely available, heightened awareness about the issue and a seemingly-regular pattern of plagiarism scandals impacting publishers, why are so few working to prevent the problem in advance?

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Introducing Trademarkive?

Erik K Pelton

Trademarkive? is a one-stop resource for all things trademark. We have curated this content from hundreds of videos, podcasts, blog posts, visuals, books, and more–created over more than a decade. We have highlighted our best and most popular work on six key trademark topics to explore as you build and protect your brand. Learn more in this podcast and explore at [link].

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3 Count: Updated Updates

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Local YouTube Star Pleads Guilty in Large-Scale Cable Piracy Case. First off today, Jeremy Roebuck at The Philadelphia Inquirer reports that YouTuber Bill Omar Carrasquillo has pleaded guilty to various crimes including copyright infringement, tax evasion and fraud. Carrasquillo, better known by his YouTube name Omi in a Hellcat, became famous for his videos about his extreme wealth.

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Biden Administration Should Recommend Clarifying Patent Eligibility Law in American Axle

IP Watchdog

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. This area of patent law has in recent years become increasingly unpredictable, and the consequences of that unpredictability have largely fallen on startups, whose primary assets are often inventions. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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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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Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Technology & Marketing Law Blog

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, they didn’t give up! The Edible team had the brilliant idea of suing Google for “theft of personal property” and “conversion,” where the stolen/converted asset was the trademark.

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Black Inventors and Entrepreneurs – Past, Present, and Future

U.S. Department of Commerce

Black Inventors and Entrepreneurs – Past, Present, and Future. February 16, 2022. KCPullen@doc.gov. Wed, 02/16/2022 - 18:45. Intellectual property. Minority business growth. Joint blog by the U.S. Patent and Trademark Office and the International Trade Administration. Every February, we celebrate the achievements and history of African Americans. Black History Month reminds us that the principles of diversity, equity, inclusion, and accessibility are critical to the success of the Department of

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More Trending

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Born from “Bloodborne”: Inspiration or Plagiarism?

IPilogue

Photo by Brandon Skeli ( Unsplash ). Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba. . Bloodborne , an action role-playing game made by FromSoftware, has achieved tremendous success since being published in 2015. On September 17, 2021, IGN released a gameplay trailer of a new game named Wuchang: Fallen Feathers.

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Ukraine to voluntarily implement Art. 17 of the Copyright DSM Directive

The IPKat

While certain EU Member States are still to transpose Directive (EU) 2019/790 (Copyright DSM Directive), Ukraine, a non-EU country, has decided to implement certain provisions from the Directive. This includes Art. 17 of the Copyright DSM Directive on uses of copyright-protected content by certain internet platforms (the so-called “online content-sharing services providers”, OCSSPs).

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IP Licensing for Business Companies & Organizations – How to Do it Right?

Kashishipr

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Generally, the IP holder or the licensor (in this case) receives payment in the form of royalties in exchange for granting the exclusive right to use his IP to some third party or the licensee (in this case).

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Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

JD Supra Law

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy images of the Hermes Birkin handbag and minted them as NFTs.

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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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Word Salad, Fact Confusion, and Lawyering: One Take on ParkerVision v. Qualcomm

IP Watchdog

Last month, I followed a hearing in a case called ParkerVision v. Qualcomm in Federal Court in the Middle District of Florida and reviewed the court briefs. This patent infringement case is potentially one of the largest of the year and is related to very important technology that miniaturized radio frequency (RF) transceivers, thus paving the way for the invention of the smartphone.

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Tillis Urges FDA, USPTO to Investigate Potential False Narrative by Drug Critics

JD Supra Law

On January 31, 2022, Sen. Thom Tillis (R-N.C.), the Ranking Member of the Senate Judiciary Committee Subcommittee on Intellectual Property, sent a letter to Janet Woodcock, Acting Commissioner of the FDA, and Drew Hirschfield, Commissioner for Patents of the USPTO, raising concerns regarding potentially inaccurate data and false narratives being advanced by some that pharmaceutical companies use patent laws to improperly extend patent protection on their drugs and, as a result, drive up drug.

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Tesla, Comcast, Dell, Mylan Join Tech Cos. In Fighting Fintiv

IP Law 360

Several tech and auto companies, and one prominent generic-drug maker have lodged briefs in the Federal Circuit in support of a group of mainly tech companies fighting against a Patent Trial and Appeal Board precedent called NHK-Fintiv.

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GlaxoSmithKline LLC v. Teva Pharmnaceuticals USA (Fed. Cir. 2022)

JD Supra Law

The 2020 decision by a divided Federal Circuit panel in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA regarding the extent to which an ANDA applicant who obtained regulatory approval under the Section viii carve-out provisions of the statute could be liable for inducement of infringement under 35 U.S.C. § 271(b) caused something of an uproar, leading to a panel rehearing on the matter but ultimately coming to the same conclusion.

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Supporting Institutional Agility (Interview with Blanca Chou)

Velocity of Content

Over the past two years, librarians, knowledge managers and information professionals have had to make drastic changes to their processes and services in response to the COVID pandemic. In addition to viewing their own career paths from a new perspective (see, for example, “ 5 Ways to Build Career Agility in Library and Information Sciences ”), information professionals can play a part in supporting institutional agility.

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Patent Term Extension For Biologics

JD Supra Law

Patent term extension (PTE) provides additional patent term for patents related to U.S. pharmaceutical products to compensate for the effective loss of patent term caused by delay during the drug approval process by the U.S. Food and Drug Administration (FDA).

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U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

TorrentFreak

Late 2020, Senator Thom Tillis released a discussion draft of the “Digital Copyright Act” (DCA), which aims to be a successor to the current DMCA. The DCA hints at far-reaching changes to the way online intermediaries approach the piracy problem. Among other things, these services would have to ensure that pirated content stays offline after it’s taken down once.

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Fintiv Revisited—District Court Transfer Results in Institution Reversal

JD Supra Law

In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”).

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Amicus in Apple v. Corellium

43(B)log

I filed this brief on behalf of IP Law Professors today in the Apple v. Corellium security research dispute. Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. I, sec. 1, cl. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v.

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‘Entrepreneur of the Year,’ Tiffany Norwood, Will be 2022 IP Awareness Summit Keynote on April 5th – Registration Open

IP Close Up

Tiffany Norwood is successful entrepreneur, creator, Wall Street financier and educator. She also on a mission to help others succeed. The 2022 Entrepreneur of the Year recipient Continue reading.

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Black IP Attys Urge Law Students To Lift Each Other Up

IP Law 360

Black students entering intellectual property law need to go out of their way to find mentors, and as they work their way up the ranks, they should be looking for ways to uplift those following in their footsteps, attorneys said at a panel run by students at the University of New Hampshire Franklin Pierce School of Law.

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More on international law and the Web

Likelihood of Confusion

Instapundit reports: YAHOO! HELPS TURN THE SCREWS: According to Reporters Sans Frontieres (Reporters Without Borders), Information supplied by Yahoo! helped Chinese journalist Shi Tao get 10 years in prison The. The post More on international law and the Web appeared first on LIKELIHOOD OF CONFUSION™.

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Comedians Get Serious About Copyright Law In Pandora Suits

IP Law 360

Robin Williams' estate and other successful stand-up comedians recently launched "game-changing" copyright infringement lawsuits seeking millions of dollars in royalties from streaming giant Pandora, in what could mark a shift in how comedians are paid for their recordings, according to intellectual property legal experts.

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Changes to Improve Chinese Patents

IP Tech Blog

In a blog post published in February 2021 ( here ), we addressed regulatory initiatives from the Chinese government aimed at moving China from a country dependent on “imported” patents (i.e., patents filed by foreign entities) to a country with great autochthone creativity. The initiatives were intended to reduce or eliminate fraudulent and low-quality patent applications and patent subsidies, while enhancing the quality of the patent filings.

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Apple Gets Designer's Emoji Copyright Suit Tossed

IP Law 360

A California federal judge has tossed a designer's copyright infringement lawsuit alleging Apple ripped off five skin tones and emoji designs, noting "numerous differences" between the designer's emoji and Apple's.

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Hublot successfully invalidates copycat trademark in China

IAM Magazine

The CNIPA’s decision to nullify a disputed mark on the basis of bad faith illuminates the grounds on which a registration can be held to have been obtained through unfair means.

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Digital Rights Groups Ask 11th Circ. To Nix Apple's IP Appeal

IP Law 360

The Electronic Frontier Foundation, a group of law professors and others on Wednesday urged the 11th Circuit to reject Apple's appeal of a lower court's decision that Corellium LLC's "virtual" version of the iPhone to detect potential bugs was protected by copyright's fair use doctrine.

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Nova Scotia Announces Shift to Biosimilar Drugs

LexBlog IP

On February 4, 2022, Nova Scotia announced that as part of the Nova Scotia biosimilar initiative, Nova Scotians enrolled in Pharmacare programs will have 12 months (until February 3, 2023) to work with their healthcare providers to switch from originator biologics to the biosimilar version of their drug. Where patients cannot transition to a biosimilar, the prescriber can request an exemption to continue coverage of the existing product.

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Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

IP Law 360

Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

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Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Hyatt v. Hirshfeld, 998 F.3d 1347 (Fed. Cir. 2021)

JD Supra Law

In Hyatt, the U.S. Court of Appeals for the Federal Circuit addressed “for the first time the PTO’s assertion of a prosecution laches defense in a civil action brought by a patentee under 35 U.S.C. § 145 to obtain a patent.” Gilbert P. Hyatt is the named inventor on hundreds of patent applications filed in the spring of 1995—a period immediately following implementation of the modern patent term framework created by the Uruguay Round of the General Agreement on Tariff and Trade (“GATT”).

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Vedder Price Continues IP Growth With Chicago Hire

IP Law 360

Vedder Price PC continued growing its intellectual property practice with an experienced litigation partner as a shareholder in its Chicago office, the firm announced Wednesday.

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CAFC Clarifies IPR Estoppel Post-SAS Institute

LexBlog IP

Federal Circuit Overrules Previous Decision in Shaw Industries. Prior to the SCOTUS decision in SAS Institute , partial trial institutions were not uncommon. Whether a proposed trial ground was found “redundant,” and excluded from trial, for example, created a strange estoppel calculus as to what “reasonably could have been raised ” in that context.

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Tai Says New Tools Needed To Push China Trade Compliance

IP Law 360

U.S. Trade Representative Katherine Tai urged lawmakers to recalibrate their strategies for protecting U.S. businesses and workers from China's trade practices, saying in a Wednesday report that the World Trade Organization's dispute resolution measures have failed to rein in the People's Republic's non-market economy.

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Changes to Improve Chinese Patents

LexBlog IP

In a blog post published in February 2021 ( here ), we addressed regulatory initiatives from the Chinese government aimed at moving China from a country dependent on “imported” patents (i.e., patents filed by foreign entities) to a country with great autochthone creativity. The initiatives were intended to reduce or eliminate fraudulent and low-quality patent applications and patent subsidies, while enhancing the quality of the patent filings.

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Knobbe Martens Seeks $9.8M Fees For $6.5M Nomadix IP Win

IP Law 360

Knobbe Martens has urged a California federal judge to award the firm nearly $10 million in fees for securing network device maker Nomadix a $6.5 million win in a patent suit against technology provider Guest-Tek over unpaid royalties.

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