Plagiarism Today
AUGUST 1, 2023
The president of Aizu University has resigned amid allegations of self-plagiarism. However, it's likely overshadowed by a bigger story. The post Japanese University President Resigns Over Self Plagiarism appeared first on Plagiarism Today.
Intellectual Property Law Blog
AUGUST 1, 2023
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness. Background John L. Couvaras filed U.S. Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodil
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Plagiarism Today
AUGUST 1, 2023
Author loses fight against Netflix, Indian Parliament passes bill to criminalize piracy and Sky obtains unique site blocking injunction. The post 3 Count: Slumlord Dismissal appeared first on Plagiarism Today.
Intellectual Property Law Blog
AUGUST 1, 2023
This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.
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?
Erik K Pelton
AUGUST 1, 2023
The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks. In addition to teaching and supervising the trademark clinic course at Howard University School of Law, I have taught many webinars and other courses on a variety of trademark topics, and I want to share three things that I’ve learned while teaching about trademarks: Every case is unique.
SpicyIP
AUGUST 1, 2023
We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications for the position of Research Programme Coordinator. The last date to apply is August 12, 2023. For more detail please read the announcement below. Call for Applications – Research Programme Coordinator The National Law University Delhi (‘University’), through its Centre for Innovation, IP and Competition (CIIPC), is seeking to engage a Research Programm
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
AUGUST 1, 2023
By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Hunley v. Instagram, LLC , 2023 WL 4554649 (9th Cir. July 17, 2023).
IP Close Up
AUGUST 1, 2023
Intellectual property associated with character-driven franchise movies like Barbie, Iron Man and The Avengers is being blamed for killing off films about real characters and relationships.
Christopher Roser
AUGUST 1, 2023
Continuously moving assembly lines can move as slow as they need to, to fit the work on the length of the line. However, they cannot be as fast as you like. There are some limitations on the speed of the line due to the limitations of the walking speed of a human worker, and even. Read more The post Continuously Moving Assembly Line—Speed Limitations first appeared on AllAboutLean.com.
The Illusion of More
AUGUST 1, 2023
The Electronic Frontier Foundation (EFF) announced that among the 2023 recipients of the EFF Award (formerly the Pioneer Award), it will honor Sci-Hub founder Alexandra Asanova Elbakyan this September. The Russian-based Sci-Hub is an enterprise-scale pirate site specifically built to host scientific papers about which the EFF states: Through Sci-Hub, Elbakyan has strived to shatter […] The post EFF to Honor Scientific Paper Pirate Sci-Hub appeared first on The Illusion of More.
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.
Technology & Marketing Law Blog
AUGUST 1, 2023
This case involves the murderous attack by Dylann Roof against the Emanuel AME Church in Charleston, S.C., killing nine African-Americans. A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. The court doesn’t do the standard 3-part prima facie review of the Section 230 defense elements.
IP Law 360
AUGUST 1, 2023
President Joe Biden has signed an executive order committing his administration to spending federal money on "new technologies and products" that are "manufactured in the United States whenever feasible" — and the drug lobby says they're happy it won't do anything to expand domestic manufacturing requirements to "non-exclusive licenses.
LexBlog IP
AUGUST 1, 2023
How does a stakeholder get notified of an eGrant? Issue Notifications will be available electronically via Patent Center after the payment of the issue fee, usually on the Wednesday or Thursday before the patent issues. Additionally, the USPTO will provide an eGrant Notification the day of electronic patent issuance to inform you that your electronic patent grant is now available.
IP Law 360
AUGUST 1, 2023
A federal magistrate judge in California has refused to force Reddit Inc. to divulge the identities of half a dozen users who a group of movie producers say talked about pirating content, ruling that the First Amendment protects the posters' speech.
LexBlog IP
AUGUST 1, 2023
We previously reported on the opening post-trial briefs in Regeneron’s BPCIA case against Mylan and Biocon (who was added as a defendant after the original defendant, Mylan, transferred its rights to the aflibercept biosimilar to Biocon). Now, post-trial briefing is complete. The parties submitted their responsive briefs on July 24, 2023, along with proposed findings of fact and conclusions of law.
IP Law 360
AUGUST 1, 2023
MGA Entertainment on Tuesday slammed a new trial bid by a girl group managed by rapper T.I. on claims it ripped off the group's image for its line of dolls, arguing that the Supreme Court's recent Jack Daniel's dog toy decision does not bar its First Amendment defense or warrant a do-over.
Patently-O
AUGUST 1, 2023
by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. The court’s recent decision in Teradata Corp. v. SAP SE , 22-1286 (Fed. Cir. Aug. 1, 2023) provides an exception to the general rule.
IP Law 360
AUGUST 1, 2023
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
IP Watchdog
AUGUST 1, 2023
On June 20, 2023, the Special Committee of the Judicial Council of the Federal Circuit that is investigating a complaint identified against Judge Pauline Newman issued an Order denying Judge Newman’s request to make a July 13 hearing open to the public, but said it would consider publishing a redacted transcript of the hearing that protects witnesses’ identities.
IP Law 360
AUGUST 1, 2023
YouTube megastar MrBeast has hit Virtual Dining Concepts with a breach of contract lawsuit in New York federal court, claiming the food services company he partnered with on a delivery-only burger restaurant with 1,700 locations nationwide tarnished his reputation by serving low-quality food that customers have called "revolting.
JD Supra Law
AUGUST 1, 2023
Why can't I use my hometown as my brand? A trademark is part of your branding, a way to identify the source of your product or service. In many ways, the stronger the brand, the stronger the trademark. However, there are situations when common branding rules diverge from the United States Patent and Trademark Office's (PTO) rules. One such situation is when the mark reflects the geographic source of the product or service, known as geographic descriptiveness.
IP Law 360
AUGUST 1, 2023
Grammy-winning pop singer Dua Lipa is the target of another infringement lawsuit over her hit song "Levitating," this time from a California producer who alleges his samples were reproduced in three popular remixes without his permission.
JD Supra Law
AUGUST 1, 2023
This case addresses the legal framework for determining whether prior art anticipates a claimed range. The appropriate legal framework applies a different test depending on whether the prior art discloses a point within the claimed range vs. a range overlapping the claimed range.
IP Law 360
AUGUST 1, 2023
The founders of pet store chain Natural Pawz argued in Delaware federal bankruptcy court that they would have backed out of a deal with parent company Independent Pet Partners to buy 24 money-losing stores out of Chapter 11 had the bankrupt IPP not shown them false revenue figures.
43(B)log
AUGUST 1, 2023
Picket Fence Preview, Inc. v. Zillow, Inc., 2023 WL 4852971, No. 22-2066-cv (2d Cir. Jul. 31, 2023) District court opinion discussed (second) here. The district court dismissed Picket Fence’s false advertising/unfair competition claims against Zillow under the Vermont Consumer Protection Act and Lanham Act, and the court of appeals affirmed. Picket Fence is a For-Sale-By-Owner (FSBO) “publication business” that permits private homeowners to list available properties directly to potential buyers
LexBlog IP
AUGUST 1, 2023
This case addresses obviousness under 35 U.S.C. § 103 in relation to a method of increasing prostacyclin release to reduce hypertension in a patient. In particular, this case discusses issues relating to motivation to combine, unexpected results, and objective indicia of nonobviousness. Background John L. Couvaras filed U.S. Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a h
JD Supra Law
AUGUST 1, 2023
Have you ever wondered how common words can become exclusive trademarks? Tune in to learn how The Ohio State University secured a trademark for the word "The" in relation to apparel and unravel the intriguing world of trademark registration for other everyday words and phrases.
LexBlog IP
AUGUST 1, 2023
This case concerns determining the prior art status of certain references in an inter partes review. The Federal Circuit considered whether the Patent Trial and Appeal Board (the “Board”) was correct in declining to consider the patent owner’s certain evidence not submitted in compliance with the Board’s rules and in making a determination regarding written description requirements.
JD Supra Law
AUGUST 1, 2023
This case addresses the legal standard for inherent anticipation. The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 patent, Abstract. The ’127 patent states that its purpose is to allow for more efficient methods and compositions for introducing nucleic acids into cells and methods of.
LexBlog IP
AUGUST 1, 2023
Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated that he would dismiss the bulk of the plaintiffs’ complaint, while giving them a chance to re-plead their claims. A written decision from the court is forthcoming, and that decision could be an important one for plaintiffs and defendants alike in current and future AI
IP Watchdog
AUGUST 1, 2023
The Information Technology & Innovation Foundation (ITIF) released a report last week that calls on the G7 countries to bring Japan’s “Data Free Flow with Trust” (DFFT) initiative to life. According to Japan’s Digital Agency, the goal of DFFT is to promote the free flow of data through transparency while ensuring security and IP rights. The ITIF wrote, “building an open, rules-based, rights-respecting, and innovative global digital economy will depend on a small group of ambitious countries
JD Supra Law
AUGUST 1, 2023
In an opinion released July 27, 2023, the Third Circuit affirmed a 2021 Tax Court decision upholding a pharmaceutical company’s immediate deduction of patent defense litigation costs in suits brought under the Hatch-Waxman Act.
Corsearch
AUGUST 1, 2023
Luxury goods have always held a certain allure, representing status, craftsmanship, and exclusivity. However, this desirability has also given rise to a growing global problem – counterfeit luxury products. These illicit replicas come in varying degrees of quality, from high-end duplicates that can deceive even the most discerning eye to low-quality imitations that pose serious threats to consumers and brands alike.
JD Supra Law
AUGUST 1, 2023
On July 18, 2023, the phrase “Taco Tuesday” was returned to the public after Taco John’s submitted a notice of abandonment for its TACO TUESDAY trademark registration before the United States Patent & Trademark Office’s Trademark Trial and Appeal Board.
Patent Trademark Blog
AUGUST 1, 2023
How do you patent food? If you love to eat as much as I do, you might think of food as something you would not normally patent. For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable.
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