Tue.Nov 14, 2023

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How to Avoid Facebook/Instagram Copyright Scams

Plagiarism Today

Facebook and Instagram have become rife with copyright infringement notice scams. Here's how they work and how to avoid them. The post How to Avoid Facebook/Instagram Copyright Scams appeared first on Plagiarism Today.

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Google Sues Men Who Weaponized DMCA Notices to Crush Competition

TorrentFreak

While all non-compliant DMCA takedown notices are invalid by default, there’s a huge difference between those sent in error and others crafted for purely malicious purposes. Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Since the vast majority of culprits facing zero consequences, that may have acted as motivation to send more.

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3 Count: Google’s Dueling Lawsuits

Plagiarism Today

Google files two lawsuits targeting alleged scammers, Disney pulls out of Vietnamese TV, and Lynn Goldsmith launches GoFundMe. The post 3 Count: Google’s Dueling Lawsuits appeared first on Plagiarism Today.

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Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence

JD Supra Law

The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial intelligence (“AI”). This alert focuses on key aspects of the EO with respect to intellectual property (“IP”) and may help inform an organization’s AI-related IP risk mitigation efforts as well as development of relevant internal protocols and guardrails.

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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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Heritage Minister Pascale St-Onge’s Tries to Re-Write Bill C-11 History: There Is No Quick Implementation and the Government is to Blame

Michael Geist

The government plans to release its final policy direction on Bill C-11 today just days ahead of the start of a weeks-long series of hearings at the CRTC on the Online Streaming Act (I am scheduled to appear in early December). Ahead of the release, Canadian Heritage Minister Pascale St-Onge tries to re-write history, urging fast enactment of the legislation and blaming the Conservatives for the delays.

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Patent Poetry: Court Awards $1.6 Million in Damages in “Bored Ape” Case

JD Supra Law

A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).

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Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink Competitor’s Trade Secret Violations

JD Supra Law

Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”).

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Copyright & Piracy News Brief #1 | Extra News, Views & Updates From TF

TorrentFreak

⦿ Guy Owes $117m After pornEZ Suddenly Got Hard ⦿ “No Fees Ever” Tanggula TV Trafficking Targeted ⦿ Z-Library’s Domains Just Keep on Disappearing… ⦿ Anna’s Archive’s Sudden X / Twitter Vanishing Act ⦿ Sci-Hub Meets 24/7/365 UK Block Party Mid-January 2023, MindGeek subsidiary MG Premium sued Nguyen Hoi , the alleged operator of unlicensed adult streaming site, Pornez.net. (2:23-cv-00349-CBM-PVC – MG Premium Ltd v.

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Lessons Learned from the Toyota KPI Dashboard for Your Own Dashboard

Christopher Roser

In my series of posts on the Toyota KPI dashboard I went into detail about the different sections and KPIs. These dashboards work well fro Toyota. However, this does not mean that they automatically work well for you too. Chances are, you are not making cars. Even if you are, your relevant KPI information may. Read more The post Lessons Learned from the Toyota KPI Dashboard for Your Own Dashboard first appeared on AllAboutLean.com.

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Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 2 of 7

JD Supra Law

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is that for each posts the footnoting was renumbered for just the individual post.

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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 Blasted For Pausing IP Cases 'Over A Hundred Times'

IP Law 360

Lawyers for a medical software company facing a retaliatory patent lawsuit from the makers of the Apple Watch shot back at the tech giant for trying to stop them from sending the dispute to the patent board, counting out the number of times Apple's lawyers had done that in other patent lawsuits.

IP 75
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Federal Circuit Says Extrinsic Evidence Should Have Been Considered in Claim Construction

JD Supra Law

In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan (Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6, 2023). This Abbreviated New Drug Application (ANDA) litigation involved Actelion’s patents related to epoprostenol formulations, which cover Actelion’s brand name product, Veletri®, an injectable drug for treatment of severe pulmonary arterial hypertension.

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Settlement Talks In IP Suit Nearly Hopeless, Judge Says

IP Law 360

An Illinois federal judge reminded two companies in a patent battle over automobile fasteners that a "sure winner" doesn't exist, as he noted that the parties remained too far apart in their dispute to engage in a formal settlement conference.

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FTC Challenges 100+ Patents, Bringing ?Attention to Orange Book Patent Listing Requirements

JD Supra Law

FTC’s Challenge of Improperly Listed Patents On November 7, 2023, the Federal Trade Commission (FTC) officially challenged more than 100 patents that brand name drug manufacturers have listed in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations," colloquially referred to as the “Orange Book.”.

Patent 77
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Developer Of 'Mutant Ape' NFT Pleads Guilty In Fraud Case

IP Law 360

A French national who developed worthless "Mutant Ape Planet" non-fungible tokens admitted to scheming to defraud customers with the NFTs in Brooklyn federal court Tuesday, prosecutors announced.

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FTC Alleges Improper Orange Book Listing of Drug Delivery Device Patents

JD Supra Law

In the latest attempt to promote generic drug competition and reduce drug prices, and consistent with broader efforts to enforce the antitrust laws more aggressively, the Federal Trade Commission (FTC) announced on November 7, 2023, challenges to more than 100 patent listings by brand drug manufacturers in the Food and Drug Administration’s (FDA) Orange Book.

Patent 77
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General Counsel Need Data Literacy To Keep Up With AI

IP Law 360

With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for a myriad of important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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Amendments to the Québec Charter of French Language – What Brand Owners Need to Know

JD Supra Law

On May 13, 2021, the Québec government introduced Bill 96, An Act respecting French, the official and common language of Québec (the Bill), proposing significant amendments to Québec’s Charter of the French Language (the Charter) to further protect and strengthen the French language in Québec.

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Synergy Between Ipr And E-Commerce Platforms

IIPRD

Introduction Intellectual property rights (IPR) in e-commerce are a vital component of e-commerce. Despite its importance, it is frequently overlooked since most people do not comprehend it and its linkages to e-commerce are not evident. Regardless, intellectual property and e-commerce are inseparably linked. Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age.

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?????????APAC?????????????????????????????????????????????

JD Supra Law

2023年10月4日に東京事務所にて開催された「ライフサイエンス・サミット」では、ホーガン・ロヴェルズのライフサイエンス・ヘルスケア分野のアジア太平洋(APAC)リードであるフレデリック・チェン博士(東京事務所代表パートナー)、メリッサ・ビアンキ(ワシントンDC事務所パートナー)、ペニー・パウウェル(ロンドン事務所パートナー)、カレン・テイラー(ノーザンバージニア事務所パートナー)、へイン・ファン・デン・ボス(アムステルダム事務所パートナー)が、薬価決定(薬価収載)及び償還払(診療報酬)が商品化に及ぼす影響、サプライチェーン計画、上市の準備、米国及びEUにおける行政規制の大幅な変更、ライセンス取引におけるクロスボーダー問題、人工知能(AI)及びデジタルヘルスに関する最新動向などについて議論しました。

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The Value of Trademark Industry Data 

Corsearch

In the corporate world, trademark data and industry trends can reveal much about competitive filings and sectoral performance. When trademark practitioners talk about ‘trademark data’, they often refer to the data related to trademark applications, refusals, and renewals held by the Intellectual Property offices in each territory globally.

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Judge Cogan Sends Patent Dispute between Amazon Vendors Packing to California

JD Supra Law

On October 30, 2023, Judge Brian M. Cogan (E.D.N.Y) transferred a declaratory judgement patent dispute from the Eastern District of New York to the Central District of California under 28 U.S.C. § 1406, on the basis of improper venue. See Shenzhen City Sanhu Tech. Co., Ltd. v. Albanese et. al., No. 23-cv-7691 (BMC), 2023 BL 389932 (E.D.N.Y. Oct. 30, 2023).

Patent 73
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Build a Consumer Base with Innovation; Protect Sales with Design Patents

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. U.S. Patent No. D1,000,000 claims the ornamental design for a dispensing comb. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech

JD Supra Law

At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech, an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has been prepared by the current Government outlining the Prime Minister’s priorities for the parliamentary year.

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VIII, Issue I [Submit by January 7, 2024]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VIII, Issue I). The last date for submissions is January 7, 2024. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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United Therapeutics Corp. v. Liquidia Technologies, Inc. - Tyvaso® (Treprostinil)

JD Supra Law

Case Name: United Therapeutics Corp. v. Liquidia Technologies, Inc., Nos. 2022-2217, 2023-1021, 2023 WL 4695903 (Fed. Cir. July 24, 2023) (Circuit Judges Lourie, Dyk, and Stoll presiding; Opinion by Lourie, J.) (Appeal from D. Del., Andrews, J.).

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Vans Skates Past Summary Judgment Challenge to the Validity of Its Shoe Trade Dress

LexBlog IP

Shoes come in many shapes and styles—running shoes, dress shoes, work boots, high heels, and (relevant here) skate shoes, to name a few. The designs of these shoes are virtually limitless, and if a shoe has a sufficiently distinctive and unique design, that design may qualify for trade dress protection. A distinctive shoe design can be protected as a trade dress if the design as a whole is non-functional—i.e., it is not essential to the shoe’s use or purpose and does not affect

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Deadlines and Extensions of Time Reduced at the Trademarks Opposition Board as of December 1, 2023

JD Supra Law

The Canadian Intellectual Property Office has announced that as of December 1, 2023, updates to the Practice Notices for trademark opposition proceedings and section 45 (non-use cancellation) proceedings will come into effect. These changes are being made in furtherance of the Trademarks Opposition Board’s continuing efforts to provide more timely and efficient proceedings.

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PTAB Boardside Chat This Thursday

LexBlog IP

Internal Procedures Discussed The U.S. Patent and Trademark Office (USPTO) issued a Notice of Proposed Rulemaking (NPRM) on the Patent Trial and Appeal Board’s (PTAB) pre-issuance internal decision circulation and review last month. The PTAB also issued a new Standing Operating Procedure (SOP) on pre-issuance and post-issuance decision review, and updated and renumbered its SOP on handling remands from the Federal Circuit.

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[Hybrid Event] Fundamentals of Patent Litigation 2024 - February 21st, New York, NY

JD Supra Law

The Supreme Court, the Federal Circuit, and the U.S. Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this dynamic, rapidly changing landscape. An all-star faculty will cover patent proceedings in a variety of different fora, including federal district courts, the U.S.

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Conn. Judge Lets Atty Rep His Own Firm Against Consultant

IP Law 360

A Connecticut judge has rejected a web consultant's bid to disqualify an attorney from representing his own firm in its breach of duty and unfair trade practices case against the consultant despite the web services company's argument that he is also a key witness.

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Latest Federal Court Cases - November 2023 #2

JD Supra Law

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, Appeal No. 2022-1706 (Fed. Cir. Nov. 7, 2023) In this week’s Case of the Week, the Federal Circuit dismissed appellant Allgenesis’s appeal of an inter partes review decision that upheld claims of Cloudbreak’s U.S. Patent No. 10,149,820 as patentable, finding that Allgenesis had failed to demonstrate a “case or controversy” under Article III sufficient to confer standing to maintain its appeal.

Patent 62
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Buchanan Ingersoll Combines With Pennsylvania IP Boutique

IP Law 360

An increased need for integrated intellectual property services has led Philadelphia-based boutique firm RatnerPrestia to join with Buchanan Ingersoll & Rooney PC's wider platform in 2024.

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USPTO Tells SCOTUS to Skip Intel’s Challenge to Fintiv Framework

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) responded last week to a petition for certiorari that is asking the Supreme Court to overturn a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that said appellate review of whether the Patent Trial and Appeal Board’s (PTAB’s) discretionary denial rules for inter partes review (IPR) are “arbitrary and capricious” is precluded by Section 314(d) of the patent statute.

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TTABlog Test: How Well Do You Know Your TTAB Precedents?

The TTABlog

Certain case names are associated with certain TTAB issues. See if you can match the case names listed below with the issue that each addressses. [Answers provided in first comment.] Case Name Issue 1 Benthin A 2(a) deceptiveness 2 Budge B excusable neglect 3 Converse C 2(a) false connection 4 DuPont D 2(e)(2) 5 Stone Lion E 2(e)(3) 6 Morton-Norwich F 2(d) 7 Newbridge Cutlery G 2(f) 8 Notre Dame H consumer sophistication 9 Pioneer I 2(e)(4) 10 Spirits Int'l J 2(e)(5) Read comments and post your