Plagiarism Today
DECEMBER 4, 2024
Following a plagiarism scandal in a popular magazine, an anticipated manga has been removed from distribution. Is that what's best? The post When Should Plagiarism Disappear? appeared first on Plagiarism Today.
TorrentFreak
DECEMBER 4, 2024
With the arms race between pirate sites and rightsholders showing no obvious signs of cooling down, the online piracy landscape is becoming increasingly complex. The existing toolbox of legal measures, such as action against domain names, site-blocking, search engine penalties, even whole-site deindexing, has led to the emergence of a new breed of shape-shifting, measure-evading, pirate sites.
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Plagiarism Today
DECEMBER 4, 2024
Stereophonic settles lawsuit with memoir authors, Australian real estate databases fight over copyright and JadooTV case finally ends. The post 3 Count: Settling Rumors appeared first on Plagiarism Today.
The Trichordist
DECEMBER 4, 2024
Phonorecords III is the gift that keeps on giving. Amazon is breaking long-standing industry practice and demanding that publishers cut Amazon.a check for supposed "overpayments" in the Phonorecords III royalty "true down".
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?
TorrentFreak
DECEMBER 4, 2024
In recent years, music industry groups have become increasingly concerned by tools that allow users to download MP3s from online streaming services, including YouTube. These so-called ‘stream-rippers’ violate the DMCA’s anti-circumvention provision; they argue. This position resulted in thousands of circumvention takedown requests, which prompted Google to remove millions of stream-ripper URLs from its search engine.
IP Law 360
DECEMBER 4, 2024
U.S. Circuit Judge Todd Hughes called the Federal Circuit's case law on interpreting preambles in patent claims "nonsense" on Wednesday, expressing frustration as a panel tried to work through whether Xencor Inc.'s antibody patent application was too broad.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
DECEMBER 4, 2024
California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's biggest challenges: the "black box" problem. AB 2013 demands transparency, requiring AI companies to disclose detailed information about the data they use to train their generative models, shedding light on a previously hidden layer of machine learning.
The IPKat
DECEMBER 4, 2024
The IPKat has received and is pleased to host the following post by former GuestKat Jan Jacobi (BarentsKrans) concerning a recent trade mark decision of the Benelux IP Office in which the brief in support of an opposed trade mark application had been prepared by … ChatGPT. Here’s what happened: Benelux Office rules on opposition proceedings prepared by ChatGPT by Jan Jacobi Artificial intelligence (‘AI’) has surely been the hot topic of the last two years.
JD Supra Law
DECEMBER 4, 2024
According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted.
Intepat
DECEMBER 4, 2024
Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. These encompass non-visual and non-traditional marks such as sounds, scents, tastes, colours, textures, shapes, and motions.
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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.
JD Supra Law
DECEMBER 4, 2024
The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent.
Velocity of Content
DECEMBER 4, 2024
The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).
JD Supra Law
DECEMBER 4, 2024
The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and thus the same “inventive entity,” as the challenged claims.
The TTABlog
DECEMBER 4, 2024
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled three oral hearings for the month of December 2024. As indicated below, one of the hearings will be held virtually and two will be in-person at the USPTO's Madison East Building in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.
JD Supra Law
DECEMBER 4, 2024
For years, federal trademark and patent application owners have been the target of scammers seeking payment for services that are neither required nor provided. Recently, however, it appears that scammers are finding new ways to collect data and unnecessary payments from owners of state registered businesses.
IP Watchdog
DECEMBER 4, 2024
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today affirming a district court’s grant of summary judgment of non-infringement for Meta/Facebook against claims by Mirror Worlds Technologies that Facebook’s Timeline and Newsfeed features infringed three of its data storage patents. U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439 are directed to “methods for storing, organizing, and presenting data in time-ordered streams (i.e., in a chronological man
JD Supra Law
DECEMBER 4, 2024
In this episode of the Knobbe IP+ podcast, Knobbe Martens Chief Diversity & Talent Development Officer Terra Davis speaks with guest Elaine Spector, Harrity & Harrity partner and Advisory Board Member to the non-profit Patent Pathways. Terra and Elaine discuss the transformative work Patent Pathways is undertaking to create a pipeline of diverse candidates entering the intellectual property field through data, partnerships, and mentors.
Kluwer Copyright Blog
DECEMBER 4, 2024
Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive Summary is reproduced below and the full Opinion is available here: ecs-opinion-mio-konektra.pdf Executive summary Background. In Cofemel, the CJEU recognized that (i) the standard test of originality, first adopted in Infopaq, applies as much to works of applied art as other works but nevertheless i
JD Supra Law
DECEMBER 4, 2024
The USPTO announced a set of finalized fee increases and new fees to take effect on January 19, 2025. The changes to the USPTO’s fees in 2025 add significant new fees for filing continuing applications (including continuation applications, divisional applications, and continuation-in-part applications) 6+ years after the priority date ($2,700 for undiscounted entities) or 9+ years after the priority date ($4,000 for undiscounted entities).
IP Law 360
DECEMBER 4, 2024
Novartis could not persuade Federal Circuit judges to grant an injunction Wednesday protecting its blockbuster heart failure medication from facing generic competition, with the appeals court backing a Delaware federal judge's opinion that it was unlikely that one of the generic drug's ingredients is "amorphous.
JD Supra Law
DECEMBER 4, 2024
The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). Set to take effect January 19, 2025, these changes represent the most significant fee restructuring since 2020. The changes aim to generate sufficient revenue to recover the USPTO's operational costs, while promoting efficient patent prosecution practices.
IP Law 360
DECEMBER 4, 2024
The Federal Circuit on Wednesday rubber-stamped a ruling out of Delaware federal court that cleared Intel of allegations that the chipmaker infringed patents by a University of Maryland professor who purportedly developed an important idea in the world of "parallel computing" in 2006.
Cogency Global
DECEMBER 4, 2024
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction preventing FinCEN from enforcing the Corporate Transparency Act (CTA).
IP Law 360
DECEMBER 4, 2024
Prodded by a federal judge in Delaware, Intel Corp. and VLSI Technolgoy LLC agreed Wednesday to stay motions to dismiss or transfer an Intel Corp. suit over claims that it already holds licenses to patents that VSLI asserts it controls, as a similar patent battle moves forward in Texas.
Likelihood of Confusion
DECEMBER 4, 2024
Originally posted 2009-11-05 20:39:49. Republished by Blog Post PromoterA while ago the Media Bloggers Association set up a stable of attorneys “to provide MBA members with first-line counsel on matters relating to the use of intellectual property, defamation and other issues arising from their weblogging.” Looks like they got a real crackerjack guy to take […] The post Media Bloggers Legal Defense Project appeared first on LIKELIHOOD OF CONFUSION™.
IP Law 360
DECEMBER 4, 2024
Sullivan & Worcester LLP has said the Boston firm picked up a team of five intellectual property lawyers, including two partners, from Withers who have expertise in filing patents and working on deals for biotech startups.
JD Supra Law
DECEMBER 4, 2024
The Patent Trial and Appeal Board rejected a patent owner’s assertion that petitioner should have named a third party, which was a defendant in a related district court patent infringement litigation and a party to a joint defense agreement (JDA) with petitioner, as a real party-in-interest (RPI). Had the board ruled otherwise and found the third party to be an RPI, the petition would have been time-barred under 35 U.S.C. § 315(b).
IP Law 360
DECEMBER 4, 2024
A producer of the 1977 Fleetwood Mac album "Rumours" and the author of the play "Stereophonic" have resolved claims that the Broadway show infringed copyrighted material from a memoir about making the record, according to a filing in New York federal court.
Patently-O
DECEMBER 4, 2024
by Dennis Crouch Two more amicus briefs have been filed in support of ParkerVision’s petition challenging the Federal Circuit’s Rule 36 practice of issuing summary affirmances of USPTO appeal without opinion. Courts typically provide written explanations for their decisions – it’s a fundamental aspect of our judicial system that helps ensure accountability, enable meaningful review, and develop precedent.
IP Law 360
DECEMBER 4, 2024
The Pennsylvania State University has asked a federal court in the Keystone State to permanently block an online retailer and its owner from selling merchandise that a jury found infringed the university's trademarks, and said it is entitled to attorney fees from the "serial infringers.
Copyright Lately
DECEMBER 4, 2024
On January 1, 2025, the U.S. public domain officially welcomes the comic debuts of Popeye and Buck Rogers, alongside classic works by Faulkner, Hemingway, and landmark sound films from the year talkies took over. Here’s what it all means. December is here, ushering in festive gatherings and holiday cheer—and for copyright enthusiasts, the countdown to one of the year’s most anticipated milestones: Public Domain Day.
IP Law 360
DECEMBER 4, 2024
The Federal Circuit on Wednesday found that the Patent Trial and Appeal Board has to partially rethink its finding that claims in a filament LED light bulb patent owned by the University of California system were too obvious to warrant patent protection.
JD Supra Law
DECEMBER 4, 2024
There are four pending BPCIA litigations brought by Amgen against biosimilar companies seeking to market denosumab biosimilars. Two of the four cases are pending in the District Court for the District of New Jersey before Judge O’Hearn: Amgen Inc. et al. v. Celltrion, Inc., No. 1:24-cv-06497-CPO-EAP (D.N.J.), filed on May 28, 2024, and Amgen Inc. et al. v.
IP Law 360
DECEMBER 4, 2024
The Patent Trial and Appeal Board has found that Meta was able to show that every claim in a pair of earphone patents owned by Eight kHz is invalid, holding they are too obvious.
IP and Legal Filings
DECEMBER 4, 2024
A wise person will always think of saving his hard earned money, so why do you risk your money like gambling money before knowing about RERA. RERA approval provides legal recognition to any real estate which is very future safe and protects from legal proceedings in future. According to the RERA Act of 2016, any real estate project, whether commercial or residential in nature, if the total area to be developed is not less than 500 square meters or the number of apartments to be built in any phas
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